IS THIS CONSTITUTIONAL?
A man who pleaded guilty to state charges (and served his time) in connection with aSeptember 2011 robbery of a McDonalds fast food restaurant will likely be forced to plead guilty to the same crime in federal court this week.
Otherwise, he could wind up spending the rest of his life behind bars.
Wait isnt it unconstitutional to charge someone a second time for the same crime?
Yes, it is. In addition to its famous prohibition against compelling an individual to testify against themselves, the Fifth Amendment to the U.S. Constitution holds that no one shall for the same offence be twice put in jeopardy of life or limb.
In other words once an individual has been either convicted or acquitted of a charge thats it. At least from a criminal standpoint.
In the case ofTimothy DaShaun Taylor, though, this protection apparently doesnt apply.
Why not? Because federal prosecutors believe the 26-year-old has not been forthcoming about his alleged knowledge of a famous 2009 kidnapping case one that remains at the heart of an ongoing unsolved mystery.
OnApril 25, 2009, 17-year-oldBrittanee Drexelof Rochester, New York vanished without a trace en route to meet friends at the Blue Water resort in Myrtle Beach, S.C.
Drexel who was on spring break at the time she disappeared hasnt been seen nor heard from since.
(Click to view)
(Via: YouTube)
Last August,Taquan Brown an inmate currently serving a 25-year sentence in a state prison told federal authoritiesDrexel was dead. In fact, the former confidential informant claims to have witnessed her death (or at least heard the gunshots that allegedly killed her).
According to Brown, Drexel was forcibly abducted by a group of black men in Myrtle Beach, S.C. that fateful April night eight years ago. These men allegedly beat her up, sexually assaulted her and transportedher to a stash house (or trap house) near McClellanville a small fishing village located on Highway 17 roughly halfway betweenMyrtle Beach and Charleston, S.C.
There, the story goes, Drexel was allegedly chained to a wall while the men who abducted her took money from other black males eager to f*ck the white girl aprocess known asbunnying.
At some point, according to Brown, Drexel somehow managed to free herself from her chains but was pistol-whipped, shot and killed before she could escape fromthe house. Drexels body was then allegedly taken to an alligator pit in the Santee region of the state where it was said to have been disposed of on May 2, 2009.
Brown accused Taylor and his father Timothy S. Taylor of participating in the bunnying of Drexel and possibly being involved in her murder. However according to attorneys for the younger Taylor, no evidence has been offered to support Browns claims.
Furthermore, after conducting searches at nearly forty possible alligator pit locations in and around Santee nothing has been uncovered.
In order to squeeze information out of Mr. Taylor, the feds sought and received permission from Washington, D.C. to indict him in federal court for the same charges hed already pleaded guilty to and served his sentence on in state court, the younger Taylors attorney, Mark Peper, told us.
Over the last year, we have proved that Mr. Taylor was in his third period class at Lincoln High School at the time he was alleged to have been with Drexel, and the Feds have realized that the inmates story has little to no merit, Peper added.
Case closed, right?
No
Federal prosecutors are still threatening to take Taylor to trial on the armed robbery charge. If convicted of this crime (which, again, he already pleaded guilty to at the state level), he could face life in prison.
Apparently, double jeopardy means nothing in the federal system, Peper told us. That said, we have no choice but to accept a plea offer wherein Mr. Taylor will be pleading guilty to conspiracy to commit armed robbery for a negotiated sentence of between ten to twenty years in prison; for a crime that hes already done his time on.
(Click to view)
(Via: Charleston County)
Taylors hearing before U.S. district court judge David C. Norton is scheduled for this week. Assuming he enters a guilty plea on the robbery charge (again), sentencing will be scheduled for later this summer.
Is this fair? Obviously there are multiple sides to every story, but based on everything weve seen up to this point in the case the answer is no.
According to Taylors attorneys, hes being punished for what he doesnt know.
This website has previously addressed such jurisdictional nebulousness as it relates to the high-profile mass murder case of Dylann Roof, the white supremacist who gunned down seven black parishioners at the Mother Emanuel A.M.E. church two years ago in the Holy City Massacre.
Roof confessed to his crime and confessed to his motive in committing it. And the evidence against him was incontrovertible. Accordingly, we believethe death sentence handed down in his case was entirely appropriate. Still, we believe the federal government usurped the states authority in his case filing a host of charges against Roof that needlessly duplicated the state charges previously filed against him (which, incidentally, moved forward despite the conclusion of the federal case against him).
This strikes us as wrong to say nothing of wasteful.
Unlike the open and shut Roof case, we have no idea what really happened to Brittanee Drexel. It could be her demise transpired precisely as the governments confidential informant has claimed. Or perhaps it happened in some other way. Or perhaps Drexel is still alive.
Again we dont know.
What we do know is that Taylors case appears to be yet another example of duplicative charges compromising the constitutional rights of an American citizen something we thought was addressed by the Fifth Amendment.
If the federal government has evidence to support the allegations made against Taylor by its confidential informant, then it should charge him in connection with Drexels 2009 kidnapping and murder. Absent that, we believe the federal government should drop its robbery charge against him seeing as he has already pleaded guilty and served his punishment at the state level.
Got something youd like to say in response to one of our stories? In addition to our always lively comments section (below), please feel free to submit your own guest column or letter to the editor via-email HERE or via our tip-line HERE
Banner viaUSCourts.gov
Read this article:
Double Jeopardy Case: Plea Likely - FITSNews
- New Ad Taunts Trump: 'Take the Stand, Donald, or Admit You're a Coward' - The New York Times - May 19th, 2024 [May 19th, 2024]
- Fifth Amendment prohibits double jeopardy and here's what that means - Tennessean - May 19th, 2024 [May 19th, 2024]
- VANDA Pharmaceuticals States a Fifth Amendment Claim against the Government for Taking a Trade Secret - Trade Secrets Trends - February 13th, 2024 [February 13th, 2024]
- Attorneys argue shooters Fifth Amendment rights on the 4th day of the Jennifer Crumbley trial - Detroit News - January 27th, 2024 [January 27th, 2024]
- Judge will not allow Michigan school shooter to testify in mother's trial if he invokes the Fifth Amendment - AppleValleyNewsNow.com - January 27th, 2024 [January 27th, 2024]
- Shamoon v. Resideo: Obviousness affirmed - Patently-O - August 12th, 2023 [August 12th, 2023]
- Billings County sued over eminent domain as bridge dispute rekindles - Bismarck Tribune - August 12th, 2023 [August 12th, 2023]
- 'Tyler' and a Call for Reform of the New Jersey Tax Foreclosure ... - Law.com - August 12th, 2023 [August 12th, 2023]
- "Like fatter Tony Soprano Attending the Arraignment and "Effect[ing ... - Emptywheel - August 12th, 2023 [August 12th, 2023]
- Call to faith-based leaders to help end violence; Parents need to pay ... - Capital Gazette - August 12th, 2023 [August 12th, 2023]
- "Stunning development": Experts say Trump target letter is surest ... - Salon - June 12th, 2023 [June 12th, 2023]
- LIV, PGA drop a bombshell on Washington - POLITICO - June 12th, 2023 [June 12th, 2023]
- Congressman Matt Gaetz Introduces Resolution to Hold Former ... - Congressman Matt Gaetz - June 12th, 2023 [June 12th, 2023]
- It's time to end home equity theft in Maine - Bangor Daily News - June 12th, 2023 [June 12th, 2023]
- Louisiana's Sabine River Authority Not Entitled To Sovereign Immunity - The Energy Law Blog - May 28th, 2023 [May 28th, 2023]
- Ninth Circuit Finds that Criminal Reentry Provision Not Driven by ... - Immigration Blog - May 28th, 2023 [May 28th, 2023]
- Ken Paxton Impeached on 20 Charges Including Bribery ... - The Texan - May 28th, 2023 [May 28th, 2023]
- Simply losing it: Bitter fight brews over federal judges forced retirement effort - Yahoo News - May 28th, 2023 [May 28th, 2023]
- Worth County Board of Supervisors Meeting (LIVE) - KIOW.com - May 28th, 2023 [May 28th, 2023]
- Trump Organization finishes last in brand reputation survey for second straight year - The Hill - May 28th, 2023 [May 28th, 2023]
- They held down a Black teen who tried to shoplift. He died from ... - Wisconsin Examiner - May 28th, 2023 [May 28th, 2023]
- What is the Fifth Amendment, and how has it been used? : NPR - March 31st, 2023 [March 31st, 2023]
- Tmc the Metals Company Inc. Enters into Fifth Amendment to Pilot Mining Test Agreement and Third Amendment to Strategic Alliance Agreement, Which Is... - February 20th, 2023 [February 20th, 2023]
- Interpretation: The Fifth Amendment Due Process Clause | Constitution ... - January 31st, 2023 [January 31st, 2023]
- Fifth Amendment invoked to the point of 'unintentional hilarity' by Jan ... - December 26th, 2022 [December 26th, 2022]
- Why Did Trump Plead The Fifth Amendment?What We Do Know ... - Newsweek - October 25th, 2022 [October 25th, 2022]
- Understanding the Fifth Amendment Right to Remain Silent - October 19th, 2022 [October 19th, 2022]
- US Government for Kids: Fifth Amendment - Ducksters - October 19th, 2022 [October 19th, 2022]
- Donald Trump loves to plead the Fifth. It won't save him this time. - MSNBC - October 19th, 2022 [October 19th, 2022]
- Everything You Ever Wanted to Know About Georgia Special Purpose Grand Juries But Were Afraid to Ask - Lawfare - October 19th, 2022 [October 19th, 2022]
- Citing double jeopardy, Fargo man who killed 14-year-old Jupiter Paulsen wants murder conviction dropped - INFORUM - October 19th, 2022 [October 19th, 2022]
- Nicki Clyne: What Happened to NXIVM Member and Where Is She Now? - Newsweek - October 19th, 2022 [October 19th, 2022]
- New York AG Asks Judge to Prevent Trumps From Hiding Assets Mother Jones - Mother Jones - October 15th, 2022 [October 15th, 2022]
- Trump Will Finally Have to Face Questions About Alleged Rape, Judge Rules - VICE - October 15th, 2022 [October 15th, 2022]
- 'In the Heat of the Night' star Lee Grant on working with Sidney Poitier and being blacklisted by Hollywood - Yahoo Entertainment - October 15th, 2022 [October 15th, 2022]
- THE OTHER SIDE: Orange Jesus took the Fifth - theberkshireedge.com - October 6th, 2022 [October 6th, 2022]
- BNP Paribas : 5th amendment to the 2021 Universal Registration Document - Marketscreener.com - September 29th, 2022 [September 29th, 2022]
- Tlingit tribal member shares his story of helping the Yakamas get Mount Adams back - Yakima Herald-Republic - September 29th, 2022 [September 29th, 2022]
- Trump Pleading the Fifth Might Have Doomed Him in Civil Case - Newsweek - September 27th, 2022 [September 27th, 2022]
- Why is Kevin McCarthy Promising to Remove Parents from the Terrorist Watch List? - Daily Kos - September 27th, 2022 [September 27th, 2022]
- Alex Jones said he may have to plead the Fifth as he's set to testify - Insider - September 27th, 2022 [September 27th, 2022]
- USS Fitzgerald and ACX Crystal collision: The Fifth Circuit Court of Appeals delineates the reach of personal jurisdiction - GARD - September 9th, 2022 [September 9th, 2022]
- Trump investigation tracker: Keeping up with Trump's many legal issues - Grid - September 9th, 2022 [September 9th, 2022]
- Bo Dukes's conviction to stand following motion for new trial - Douglas Now - September 9th, 2022 [September 9th, 2022]
- VAIL RESORTS INC : Entry into a Material Definitive Agreement, Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet... - September 9th, 2022 [September 9th, 2022]
- It's brother vs. brother at trial over NYC slaying of mobbed-up dad, 'Sally Daz' Zottola - New York Post - September 9th, 2022 [September 9th, 2022]
- Letters: Boater offers different perspective on the Playpen - Chicago Tribune - September 9th, 2022 [September 9th, 2022]
- Michael Flynn: From Government Insider to Holy Warrior - PBS - September 9th, 2022 [September 9th, 2022]
- Hamel found guilty of Athol murder, sentenced to life in prison - The Recorder - September 9th, 2022 [September 9th, 2022]
- Biden Slowly Winning LBJ- and FDR-Like Praise As Legislative Victories Mount - Seattle Medium - September 9th, 2022 [September 9th, 2022]
- Vice Principals, the Fifth Amendment, and Negative Inferences - JD Supra - August 30th, 2022 [August 30th, 2022]
- PERMA FIX ENVIRONMENTAL SERVICES INC : Entry into a Material Definitive Agreement, Creation of a Direct Financial Obligation or an Obligation under an... - August 30th, 2022 [August 30th, 2022]
- Letter: Invoking the Fifth Amendment is not an admission of guilt - INFORUM - August 29th, 2022 [August 29th, 2022]
- Taking the Fifth, FBI attacked: 5 takeaways of Gov. Whitmer kidnap trial - MLive.com - August 29th, 2022 [August 29th, 2022]
- How much money could Donald Trump have to pay in fines if his businesses are penalized? - AS USA - August 29th, 2022 [August 29th, 2022]
- A high stake debate and tension at the GOP convention: Your guide to Michigan politics - MLive.com - August 29th, 2022 [August 29th, 2022]
- We Can Be Framers Too - The Atlantic - August 29th, 2022 [August 29th, 2022]
- For 38 Years of American History, There Has Been No Vice President - History News Network - August 8th, 2022 [August 8th, 2022]
- Emmett Till is gone. The quest for justice lives on. - New York Daily News - August 8th, 2022 [August 8th, 2022]
- 'A bold-faced LIE': St. Louis mayor blasts Black police officer groups criticism of oversight bill - KSDK.com - August 8th, 2022 [August 8th, 2022]
- He has done more to further the cause of hate in the US than almost anyone: the rise and fall of Alex Jones - The Guardian - August 8th, 2022 [August 8th, 2022]
- Even the District Attorney Believed Joaquin Ciria Was Innocent. Why Did It Take So Long to Set Him Free? - POLITICO - August 8th, 2022 [August 8th, 2022]
- Understanding the Constitution: Why It Doesn't Protect the Unborn - The Epoch Times - August 6th, 2022 [August 6th, 2022]
- Former fugitive charged with rape in Deerfield case demands new lawyer - The Recorder - August 6th, 2022 [August 6th, 2022]
- Sources: Donald Trump Jr., Ivanka Testify Before NY AG's Office in Finance Probe, Neither Pleads the 5th - NBC New York - August 6th, 2022 [August 6th, 2022]
- Time running out to try Catherine Hoggle for the disappearance, suspected murder of her 2 kids - WUSA9.com - August 6th, 2022 [August 6th, 2022]
- Trump faces uphill fight on executive privilege in DOJ probe - POLITICO - August 6th, 2022 [August 6th, 2022]
- Charles Milliken: Defining what exactly is a 'right' - Monroe Evening News - July 31st, 2022 [July 31st, 2022]
- How grand juries work and why Jan. 6 prosecutors are relying on them - Salon - July 31st, 2022 [July 31st, 2022]
- Roe, Dobbs and women's rights New York Daily News - New York Daily News - July 31st, 2022 [July 31st, 2022]
- Partisan congressional hearings are a threat to all citizens - Monroe Evening News - July 31st, 2022 [July 31st, 2022]
- 9 years after a UIW police officer shot student Cameron Redus, the case is going to trial - San Antonio Express-News - July 31st, 2022 [July 31st, 2022]
- Outcome of first kidnapping trial can't be used as evidence in second trial, judge rules - Michigan Radio - July 31st, 2022 [July 31st, 2022]
- Washington County woman held in death of 5-year-old son - Herald-Mail Media - July 31st, 2022 [July 31st, 2022]
- What Did the Dissenting Justices Think About the Power of Military Authorities & More - The Soldiers Project - July 31st, 2022 [July 31st, 2022]
- Whipping the votes in Suffolk - Newsday - July 31st, 2022 [July 31st, 2022]
- If Trump Takes the Fifth, Is He Guilty? - Law & Crime - July 29th, 2022 [July 29th, 2022]
- Anambra House of Assembly Passes 5th Amendment Bills - TVC News - July 29th, 2022 [July 29th, 2022]
- How do grand juries work? Their major role in criminal justice, and why prosecutors are using them to investigate efforts to overturn the 2020... - July 29th, 2022 [July 29th, 2022]
- We need to hear the unbiased story - Villages-News - July 29th, 2022 [July 29th, 2022]