State of West Virginia v. Michael Lee Taylor
16-0754
| W. Va. | Nov 17, 2017Background
- Michael Lee Taylor was charged in Preston County with multiple counts of sexual assault involving D.W., his girlfriend’s 13‑year‑old sister; alleged abuse occurred in both Preston and Monongalia counties between Aug. 2012 and May 2014.
- D.W. testified to hundreds of sexual encounters with Taylor, including many at Taylor’s Preston County residence and some at his workplace in Monongalia County; she identified two pairs of underwear she had been wearing after sex, one of which yielded DNA consistent with Taylor.
- A Preston County grand jury indicted Taylor on seven counts (one second‑degree and six third‑degree sexual assault); the second‑degree count and one third‑degree count were dismissed pretrial or during trial as relating to Monongalia County.
- Taylor moved to exclude the DNA report and the testimony of the lab analyst under W. Va. R. Evid. 702 and relevance rules; he also objected to res gestae evidence from Monongalia County and Rule 404(b) concerns.
- The trial court admitted the DNA evidence and expert testimony and allowed testimony about sexual acts in Monongalia County as res gestae/intrinsic evidence; a jury convicted Taylor on four counts of third‑degree sexual assault.
- On appeal Taylor challenged the admission of DNA testing and related expert testimony and the use of Monongalia‑county acts; the Supreme Court of Appeals affirmed, holding the Monongalia evidence was inextricably intertwined and admissible and finding no abuse of discretion in evidentiary rulings.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Taylor) | Held |
|---|---|---|---|
| Admissibility of DNA report and analyst testimony under W. Va. R. Evid. 702 | DNA testing and analyst testimony are reliable and admissible to link defendant to victim’s underwear | DNA evidence irrelevant to Preston County counts because underwear related to sex that occurred in Monongalia County; Rule 702 gatekeeping required exclusion | Court affirmed admission; Taylor did not dispute analyst’s qualifications and court did not abuse discretion in admitting report and testimony |
| Admission of sexual acts in Monongalia County as res gestae / Rule 404(b) | Evidence of acts in Monongalia is intrinsic/res gestae and provides the context of a continuous pattern of abuse across counties | Such acts are other‑crime evidence and prejudicial, not relevant to Preston County charges | Court held Monongalia acts were inextricably intertwined with the Preston County offenses and admissible as res gestae; no error |
| Sufficiency/segregation of victim’s testimony about incidents across counties | Contextual, continuous abuse made segregation impossible; victim’s testimony supported charged counts | Victim’s inability to tie specific underwear/DNA to Preston County incidents renders the evidence prejudicial and unreliable | Court found the continuing nature of the abuse and victim’s testimony sufficient; post‑trial motions denied |
Key Cases Cited
- McDougal v. McCammon, 193 W.Va. 229 (discretionary standard for evidentiary rulings)
- Smith v. First Community Bancshares, Inc., 212 W. Va. 809 (appellate review of evidentiary rulings)
- Craddock v. Watson, 197 W. Va. 62 (expert testimony/Daubert‑type considerations in WV)
- State v. Cyrus, 222 W. Va. 214 (admitting evidence from multiple jurisdictions where sexual abuse is continuous and inseparable)
- State v. LaRock, 196 W.Va. 294 (intrinsic vs. extrinsic other‑acts analysis under Rule 404(b))
- United States v. Masters, 622 F.2d 83 (4th Cir.) (res gestae and contextual admission of other‑act evidence)