No bond: Abduction suspect to stay behind bars

The man accused of abducting 17-year-old Nelson County teen Alexis Murphy will stay behind bars, a judge ruled Thursday, August 22, in Nelson County Juvenile and Domestic Relations court.

Earlier in the week, Judge A. Ellen White ruled that the bond hearing for Randy Allen Taylor would be closed to the public and media, but immediately before the 1pm bond hearing, she granted a media motion by attorney Craig Merritt, representing WDBJ in Roanoke, WWBT and WTVR in Richmond, and the Newsplex, to open the hearing to the public, agreeing with Merritt that the only time the courtroom should be closed was during the presentation of "sensitive" evidence from the prosecution.

"Things have been revealed, some confirmed yesterday, that could seriously jeopardize [Taylor's] right to a fair trial," countered Nelson Commonwealth's Attorney Anthony Martin.

Arguing for his client's release, Taylor's defense attorney, Charlottesville-based Mike Hallahan, presented the court with a photo of the mystery man who Taylor says left his property with Murphy on August 3, the night she disappeared, after allegedly selling Taylor $60 of marijuana. The photo was not visible to the public in attendance, and Hallahan did not speak the man's name, but told the judge it was known to investigators.

Taylor "has identified him as an adult who has seen Alexis since he has seen Alexis," said Hallahan.

Following the presentation of the prosecution's evidence in a closed courtroom, Hallahan argued that prosecutors had not presented enough evidence to support a charge of abduction. He further described the timing of a new August 21 charge for a probation violation stemming from Taylor's 2005 arson conviction in Albemarle County as "very suspicious."

"It's a restitution issue, nothing else," he said, describing the $600 Taylor owes as something that could be repaid within days.

"His violation came on the eve of the bond hearing to make it more difficult for him to get bond," said Hallahan, who said that Taylor, if released, would stay with his son and his son's mother at a home in Nelson County and that he posed neither flight risk nor danger to the community.

Immediately after Judge White issued her ruling denying Taylor bond, Hallahan asked that she sign papers allowing his client to waive his right to a preliminary hearing, where evidence is presented. The case will go before a grand jury in late September.

Hook legal analyst David Heilberg says the defense move to waive preliminary hearing is unusual and perhaps reveals Hallahan's legal strategy.

"The rule of thumb is that the only reason to waive preliminary hearing is for a trade-off," says Heilberg, noting that in this case it's unlikely that there's any kind of deal on the table so early in an investigation while police are still searching for Murphy.

The other reason, Heilberg explains, is that waiving the preliminary hearing starts the "speedy trial clock," which requires a trial to be held within five months from the date the preliminary hearing is waived since Taylor is being held without bond.

If the grand jury doesn't issue an indictment on the abduction charge when it convenes in September, Taylor will be set free. If an indictment on the abduction charge is issued, Taylor will be tried on the charge no later than January— around the time the preliminary trial was originally scheduled.

If Hallahan doesn't believe prosecutors have enough evidence to convince a jury to convict Taylor, Heilberg says, a quick trial is in his client's best interest, although prosecutors could bring additional charges against Taylor at any point if they believe they have the evidence to support them.

While Taylor's defense is taking an unusual approach by appearing to rush the trial process, Heilberg says, the prosecution also seems to be taking an unusual approach by charging Taylor with only one offense.

"Usually the commonwealth will charge every possibility to gain leverage. Here, they may have purposely limited the number of charges to keep their options open," he says. "Everyone is maneuvering and going against conventional strategies— both sides."

Original story published August 22 at 5:03pm

The man accused of abducting 17-year-old Nelson County teen Alexis Murphy will stay behind bars, a judge ruled today in Nelson County Juvenile and Domestic Relations court.

Earlier this week, Judge A. Ellen White ruled that the bond hearing for Randy Allen Taylor would be closed to the public and media, but on Thursday, August 22, immediately before the 1pm bond hearing, she granted a media motion by attorney Craig Merritt, representing by WDBJ in Roanoke, WWBT and WTVR in Richmond, and the Newsplex, to open the hearing to the public, agreeing with Merritt that the only time the courtroom should be closed was during the presentation of "sensitive" evidence from the prosecution.

"Things have been revealed, some confirmed yesterday, that could seriously jeopardize [Taylor's] right to a fair trial," argued Nelson Commonwealth's Attorney Anthony Martin.

Arguing for his client's release, Taylor's defense attorney, Charlottesville-based Mike Hallahan, presented the court with a photo of the mystery man who Taylor says left his property with Murphy on August 3, the night she disappeared, after allegedly selling Taylor $60 of marijuana. The photo was not visible to the public in attendance, and Hallahan did not speak the man's name, but told the judge it was known to investigators.

Taylor "has identified him as an adult who has seen Alexis since he has seen Alexis," said Hallahan.

Following the presentation of the prosecution's evidence in a closed courtroom, Hallahan argued that prosecutors had not presented enough evidence to support a charge of abduction. He further described the timing of a new August 21 charge for a probation violation stemming from Taylor's 2005 arson conviction as "very suspicious."

"It's a restitution issue, nothing else," he said, describing the $600 Taylor owes as something that could be repaid within days.

"His violation came on the eve of the bond hearing to make it more difficult for him to get bond," said Hallahan, who said that Taylor, if released, would stay with his son and his son's mother at a home in Nelson County and that he posed neither flight risk nor danger to the community.

Immediately after Judge White issued her ruling denying Taylor bond, Hallahan asked that she sign papers allowing his client to waive his right to a preliminary hearing, where evidence is presented. The case will go before a grand jury in late September.