Thursday, Sept. 1, 2005 | 10:59 a.m.
A prosecutor's slip of the tongue and a judge's interpretation of a recent Nevada Supreme Court ruling have prompted a new trial for a man convicted of charges from a high-speed chase during which his girlfriend fired an assault rifle at police officers.
Kentro Taylor was previously found guilty of seven counts of attempted murder of a police officer and one count each of conspiracy to commit murder, possession of stolen property and failure to stop for an officer for his part in the Feb. 18 pursuit.
District Judge Lee Gates sentenced Taylor to 14 to 40 years, but on Wednesday Gates ordered a new trial, citing the Aug. 11 decision by the Nevada Supreme Court to overturn the conviction of Robert Lindsey Bellon as the primary reason.
Bellon was convicted of killing a man in 1996 on Boulder Highway. Bellon, however, wasn't arrested until three years after the killing in Louisiana.
At the time of his arrest, Bellon told the arresting officers that after he served prison time for the murder in Las Vegas he would come back to Louisiana and kill the officers and their families.
The state's high court found District Judge Jackie Glass erred both by not holding a hearing to determine whether Bellon's statement to the arresting officer should be introduced at trial and also by allowing it to then be introduced at trial.
The justices ruled the piece of evidence wasn't "probative of the defendant's guilt" even though there was "overwhelming evidence of his guilt."
Bellon is expected to be given a new trial date on Sept. 8.
In the Taylor case the issue before Gates was whether or not a mistake by Chief Deputy District Attorney Frank Coumou met the same muster.
During opening arguments in Taylor's trial, Coumou told the jurors Taylor was "person who was wanted for murder, an arrest warrant was out on him for murder."
Coumou made the statement despite a pre-trial ruling by Gates barring prosecutors from referring to Taylor as a murder suspect or a fugitive. Gates ruled that prosecutors could only say that Taylor was pulled over by Metro officers because there was a warrant for his arrest.
Taylor was a murder suspect in Louisiana when police from Metro's fugitive detail spotted him in Las Vegas.
At the time of Coumou's slip, Taylor's attorney, Deputy Public Defender Kevin Speed, made a motion for a mistrial, arguing that Coumou's comment went against Gates' ruling and unduly prejudiced the jury against Taylor.
Gates acknowledged Coumou's error, but denied the motion
On Wednesday Gates said he found Coumou's statement to be "worse than what happened in Bellon."
"If it (Taylor's case) goes up to the high court, it will be reversed," Gates said.
After Gates' decision, Speed, who had argued for a new trial on the same grounds weeks earlier during a post-conviction hearing, smiled, saying it was "better late than never."
Coumou said although he disagrees with Gates' interpretation of the Bellon case as it applies to Taylor he respects the decision and will "stand by the ruling."
Taylor's new trial is scheduled for Nov. 8.
His then girlfriend, 21-year-old April Jones, was convicted of the same charges as Taylor and sentenced to 14 to 40 years in prison by Gates on Aug. 24.
archive
