Ex-Titans Scout Blaise Taylor Guilty in the Poisoning Death of Pregnant Jade Benning — Pt 56

[00:00:00] Speaker 1: The court's staff has been made aware that the jury's arrived at a verdict, so we'll let them step down and announce it. Just out of respect to the jury, just keep your reactions if any to yourself and we'll deal with it. All right. [00:00:53] Speaker ?: All right. All right. All right. All right. [00:01:23] Speaker 1: Can you have a seat? [00:01:38] Speaker ?: All right. [00:01:39] Speaker 1: Ladies and gentlemen, the jury, the court just -- and I say this just to reference to you by numbers. We start down at the far right and run down this way, one through six, upper right, seven through 12. So, Miss, drawer number seven, you are the foreperson? Yes. And the jury's arrived at a unanimous verdict? Yes, sir. All right. If you would please, ma'am, stand and announce that verdict on behalf of the jury. [00:02:14] Speaker 2: We, the jury, find the defendant, Blaise Allen Taylor, for count one, guilty of second-degree murder. For count two, guilty of first-degree premeditated murder. For count three, guilty of first-degree felony murder. For count three, guilty of first-degree felony murder during the commission of a felony. For count four, guilty of first-degree felony murder during the commission of a felony. [00:02:52] Speaker 1: All right, if you'll turn that document in please, ma'am. All right, ladies and gentlemen, the jury -- you can back up just a second. Ladies and gentlemen, the jury, you've heard your foreperson, juror number seven, announce your verdict in this particular case that you found Mr. Taylor guilty in count one, second-degree murder. In count two, first-degree premeditated murder. In counts three and four, felony murder during the commission of a first-degree murder. I'll ask you if that is your individual verdict. If it is, you would indicate it is. If it's not, you would indicate it's not. Jawor number one, is that your individual verdict? [00:03:51] Speaker 2: Yes. [00:03:52] Speaker 1: Jawor number two, is that your verdict? Yes. Jawor number three, is that your verdict? Yes. Jawor number four, is that your verdict? Yes. Jawor number five, is that your verdict? Yes. Jawor number six, is that your verdict? Yes. Jawor number seven, the foreperson, is that your verdict? Yes. Jawor number eight, is that your verdict? Yes. Jawor number nine, is that your individual verdict? Yes. Jawor number 10, is that your verdict? Yes. Jawor number 10, is that your verdict? [00:04:28] Speaker 3: Yes, sir. [00:04:29] Speaker 1: Jawor number 11, is that your verdict? [00:04:32] Speaker 3: Yes. [00:04:33] Speaker 1: Jawor number 12, is that your verdict? [00:04:36] Speaker 2: Yes. [00:04:37] Speaker 1: Okay. All right. Thank you very much. As you know, we'll need to discuss with the attorneys further issues in this case. Don't discuss the case any further. We'll get back with you here shortly. You can step down the hallway with the court office. [00:04:56] Speaker ?: All right. Mr. Taylor, you've heard the verdict of the jury in count one. I found she's guilty of second degree murder. All right. Mr. Taylor, you've heard the verdict of the jury in count one. I found she guilty of second degree murder. All right. Mr. Taylor, you've heard the verdict of the jury in count one. I found she guilty of second degree murder. [00:05:15] Speaker 1: That verdict as well as the other counts guilty in count two of first degree murder, counts three and four of first degree felony murder will become the judgment of the court. In terms of counts two, three and four will be the need for further sentencing hearing. Does the state contemplate introducing victim impact statement? [00:05:55] Speaker 3: Yes, your honor, upon the court finding that by the jury's verdict that we would be entitled to do that. Okay. [00:06:04] Speaker 1: We'll take just probably a 15 minute break and let everyone settle down in terms of initial verdict. Come back and hear that proposed testimony under State versus Nesbitt and then see Mr. Graham, Ms. Collins, Mr. Joyner, what mitigating factors you want to submit and find that's necessary to submit to the jury. [00:06:36] Speaker ?: Okay. [00:06:37] Speaker 3: So, what the state's position is that Nesbitt only applies in death penalty cases. What? As far as- [00:06:44] Speaker 1: What I'm talking about as far as victim impact 403 analysis. [00:06:48] Speaker 3: Under Nesbitt, if it's life without parole, there is no analysis. [00:06:55] Speaker 1: So you can- [00:06:56] Speaker 3: That that is, there's no run, there's no dry run unless it is a death penalty case. [00:07:00] Speaker 1: You can just have whatever that may be overly prejudicial? [00:07:06] Speaker 3: No. It will be victim impact under pain. [00:07:10] Speaker 1: Okay. And does Mr. Graham, Ms. Collins, you have prepared, propose mitigating circumstances? [00:07:21] Speaker 3: Yes, Your Honor, I think there are mitigating circumstances, mitigating factors we would argue to the jury. [00:07:28] Speaker 1: Okay. Or if you'll get those- [00:07:31] Speaker 2: I think we need a minute probably. Okay. [00:07:36] Speaker 1: As I said, we'll take a short break, but let me ask the state this. There are cases with the, obviously with the finding in count one, that wouldn't be considered by the jury. But there's also, I think it's Hargis versus State, that does apply to any felony murders that your notice that you submitted the felony murder portion, I think it's your number two, wouldn't apply in counts three and four. [00:08:13] Speaker 3: I disagree, Your Honor, because it is Middlebrook's, it is not a Middlebrook's situation. It is within the legislation that amended the statute post-Middlebrook's. So that is something, St. Smith's, the jury can consider in a felony murder sentencing. [00:08:32] Speaker 1: That an aggravating factor is the felony murder. [00:08:36] Speaker 3: Which is based upon that aggravating circumstance, which is above and beyond just the definition of felony murder. [00:08:47] Speaker 1: What do you mean by that? [00:08:49] Speaker 3: Well, that the jury would have to find the aggravating circumstance that, again, that it is not a Middlebrook's situation. So that State's position as a jury can consider that as an aggravating circumstance. That was the whole issue in Middlebrook's. [00:09:09] Speaker 1: But there's some that would only apply to certain counts. [00:09:12] Speaker 3: Yes, Your Honor, the age of the victim, sir. [00:09:16] Speaker 1: Right. All right. We'll take 15 minutes and then come back and hear from the defense in terms of mitigation. [00:09:24] Speaker 3: Yes, I would like to be heard or see that. Yeah, left in a group. We have an argument about that. [00:09:32] Speaker 1: Taylor, and by law, Mr. Taylor, your bond has to be revoted. So if you'll step into the back, you can talk with your attention. Thank you. [00:10:10] Speaker ?: Thank you. Thank you. [00:11:10] Speaker 2: Thank you. [00:11:40] Speaker 1: Thank you.