theovergroundpost

By Celeste M. Hart

UPDATED February 1, 2022

July 2021, Taylor exercised his right and submitted a request for DNA testing to discover the true owner of the male specimen that excluded Taylor, testing on the clothes his accuser wore, and still waiting on the court’s decision

“Who is this guy? It definitely was not me. Let’s get to the bottom of this. this has destroyed our family. I would never hurt any of my cousins. If somebody did, I want to know who it was,” said Taylor via phone from Ohio’s Lebanon prison.

“Taylor argues he was convicted solely on inconsistent testimony. Specifically, Taylor claimed the lack of blood at the crime scene, the lack of injuries on E.W., and the lack of his DNA on or inside E.W., supports his argument that his convictions were against the manifest weight of the evidence. As an initial matter, there is no requirement, statutory or otherwise, that a victim’s testimony be corroborated as a condition precedent to a rape conviction,” an excerpt from appeal decision, 2014.

“People believe young girls can’t do this sort of thing. “Women can get back at men just by claiming sexual assault,” said Win Wahrer, Innocence Canada and creator of Wrongful Conviction Day, October 2nd, via telephone.

Michael P. Taylor, charged with four rapes, three kidnappings, for an alleged incident on Oct 12, 2012, and an intimidation, with Cleveland’s Cuyahoga County Court of Common Pleas Judge Shirley Strickland Safford presiding. The jury found Taylor not guilty of three of the rapes and one kidnapping that resulted in sentences of a total 24 years to life. The ‘victim’, a 17-year-old family member testified that Taylor raped her on four different occasions.  A Victim Impact Representative, from the Rape Crisis Center, stood beside ‘victim’ while she testified. Taylor appealed but lost.

“In criminal cases, consistency between verdicts on several counts
of an indictment is unnecessary where the defendant is convicted on one or some counts, and acquitted on others, and the conviction will generally be upheld, irrespective of its rational incompatibility with the acquittal,” appeal states.

Taylor also asserts that there was insufficient evidence to support the guilty
verdicts for rape, kidnapping, and gross sexual imposition for the alleged incident

Watch Michael Taylor video from Ohio Prison here:

https://rumble.com/v1m2q2o-mike-taylor-wrongful-conviction-day-railroaded.html

Center for Prosecutorial Integrity released a paper titled, Believe the Victim

Click to access Believe-the-Victim-FINAL.pdf

…..

“Although Evid.R. 611 empowers the trial court with broad discretion to
conduct its courtroom in its own fashion, a better course of action would have been for the trial court to have taken a recess so that E.W. could have composed herself and received support from the victim representative outside the presence of the jury. Instead, the trial court’s decision to offer to have the victim representative come stand next to E.W. during her testimony gave the appearance that the victim representative was improperly vouching for her credibility. However, I find the error harmless due to the overwhelming evidence…” wrote Justice Larry Jones, deceased in 2021.

“E.W. testified that after Taylor entered the house, he began touching her
neck and buttocks amidst her protestations. Taylor proceeded to kiss E.W.’s neck while attempting to pull down her shorts. E.W. stated that Taylor overpowered her, they fell to the ground, and he inserted his finger and then his penis into her vagina. E.W. said she unsuccessfully tried to push him off and her pleas for him to stop went unheeded,” according to the appeal

“Appellant was deprived of due process and a fair trial in violation of his
state and federal constitutional rights when the trial court allowed a
representative from victim impact to stand by a witness/victim during her
trial testimony over appellant’s objection,” argued defense Attorney Joseph V. Pagano

The victim was a minor testifying about being raped by her cousin and
conceivably testifying in a courtroom where other family members are present, some of whom were possibly aligned against the minor. Accordingly, the court’s action was consistent with other cases involving a minor’s testimony. Consequently, we find no prejudice to Taylor and overrule his third assigned error.

The ‘other cases’ included, a five, an eight and a 13-year-old victim whom were allowed to sit on parent’s lap during testimony.

“A trial court, empowered with broad discretion in controlling the
mode and order of interrogating witnesses and presenting evidence “so as to (1) make the interrogation and presentation effective for the ascertainment of the truth, (2) avoid needless consumption of time, and (3) protect witnesses from harassment or undue embarrassment.”

The Cleveland Rape Crisis Center (CRCC) assists victims with emotional support during trials, encourages testimony and assists in the application process for victim compensation. In 2017, the Rape Crisis Center received its largest grant, 3.25 million through the Ohio Attorney General’s Office and the Victim Crime Act, in 2018, the center got 4.6 million.  In 1980, the CRCC implemented a program to improve the indictment rate of accused rapists and increased indictments from five per cent, in 1978 to 91 per cent in 1981, according to Case Western Reserve Encyclopedia of Cleveland History. In 2007, 14,000 victims were assisted, in four counties, in 2017, that number is projected to be 44,000.

A woman passenger in his car, on the day of alleged rape, testified on his behalf that he was only in E.W.’s home for just a few minutes to charge his phone as Taylor stated.

“After viewing the evidence in a light most favorable to the prosecution, the
above evidence, if believed, would support the conclusion that Taylor committed the actions alleged. As such, any rational trier of fact would have found the essential elements of the charges that led to his convictions proven beyond a reasonable doubt. Consequently, the trial court did not err when it denied Taylor’s motion for acquittal,” wrote justices.

“Where DNA evidence is found on the victim at the time of the offense that is not DNA of the accused, there is insufficient evidence to prove
he committed any sexual offense. An Appellant is denied a fair trial when a victim impact representative stands with a 17-year old encouraging sympathy from the jury and bolstering the victims credibility…The essential point of this case is that the Appellant is actually innocent, but the jury lost their way.
DNA semen evidence existed in the trial record that was part of the rape kit of which he was convicted that was not the Appellant’s DNA, indicating his innocence,” argued Attorney Pagano.

A letter from Taylor via J-Pay, a service for inmate communications;

“Father, Thank You For Planting Me Where I Am With Opportunities And Responsibilities. I’m Sorry For Not Being Satisfied With Where I Am And Dreaming Of A Distant Pasture That May Be Better. I’m Not Where I Am Or Who I Am By Accident. You Won’t Forsake Me Because Your Love Won’t Allow It. Amen.

“Writing This Support The Character Of Who I Was And Who I Am. I Was Wrongfully Charged Of All Charges Against Me, I Was Accused Of Crimes That Was Not Committed By Me. I Am Currently Waiting For That Unidentified Male Identity To Be Released. I Am Petitioning For My Release On My Current Prison Sentence That I Have Been Serving Since July 2013 With The Support From Friends And Family Its Urgent Another Wrongful Conviction Be Overturned And Justice For Michael P. Taylor Sr Be Served,“

MICHAEL TAYLOR

11/16/2021 8:13:23 PM

celeste hart

To read the appeal click here:

Click to access pdf_viewer.aspx

Taylor has a 16 year-old son and a nine -year-old daughter whose last birthday wish was for her “daddy to come home.”

By CELESTE M. HART

Election season, officially starts after Labor Day, with an abundance of political advertising, daily stuff in your mailbox, robot calls, social media announcements, texts and conflictingly biased news articles. In the instance of WBTV’s reporter, Nick Ochsner, dated, August 9, 2022, he got it in early, eager for that ‘hot off the press’, with a biased, untruthful, unbalanced article about an altercation between District Judge Kimberly Best and a delivery driver, at the court house parking garage entrance on McDowell Street, 9 a.m., on July 19, 2022.

Read Investigative Reporter Ochsner article here:

.https://www.wbtv.com/2022/08/09/reports-show-charlotte-judge-got-argument-slapped-phone-delivery-truck-driver-courthouse-garage/

“The guard later described the situation as “out of control’ in his narrative and said Best refused to leave even after being told to,” Ochsner wrote.

Read the incident report here:

https://www.carolinajournal.com/wp-content/uploads/2022/08/Dock-Incident-7-19-2022_7-26-2022_15-49-45.pdf

The guard’s narrative, in fact, stated, “The situation was getting out of control when the delivery driver got up in the face of the lady (Best) that was driving the SUV…”

“Judge Best then told the driver to leave.”

“I told the truck driver that she needed to leave but she refused at first,” stated the dock officer.

Best, the truck driver, and the guard, all refused to continue with an investigation, declined to write official reports and refused to press any charges.

“She (Best) felt bad for her and didn’t want her to lose her trucking business. She felt something else was going on behind the accident,” lead officer wrote.

The delivery driver, more concerned about U.S. Marshall involvement, according to the report, left the scene, was contacted later that day and still refused to press charges or file a report.

The accident occurred as Best, signaled by an officer to drive around the 26′ delivery truck that ‘took up a lot of space’, scraped the side of her SUV. An argument commenced. with both drivers yelling at each other.

Best said the delivery should have been earlier and she was late for a virtual court hearing.

The ethical principles in journalism include; truth, accuracy, fairness, impartiality, humanity and accountability, for integrity sake.

Ochsner mentioned in several articles, Judge Best was appointed to Superior Court Judge by Governor Cooper. In fairness, Best won the District judgeship with 66% of the vote, even though, Ochsner, during that campaign, wrote several articles about her incompetency in scheduling court hearings. In fact, the incompetency still exists in the system, not Best’s fault.

“Judge Best has served the Mecklenburg County community well over the years as a District Court judge. I am thrilled for her willingness to serve as a Superior Court judge,” said Cooper, press release, November 23, 2021.

Ochsner engaged the ‘dirt’, such as, Best’s personal business, wrote about her abusing her ex-husband, police calls to the home and her tension with the mistress. He thoroughly researched police reports, court files and hearings, claimed the documents were intentionally hidden, yet, he received, eventually.

“Well, we know it’s election time. The dirtiness will come, the bitter fights, the hate, all for the sake of democracy. That thing with her husband proves she is human. And, there are always two sides to a story. What would you do? We need humanity, not just in the courts but everywhere,” said Roberta Harris, voter.

Election day is November 8th, get educated and vote.

By CELESTE M. HART

“Call my daddy, call my daddy,” mimicked Darius Young, of his daughter, Meigellic Young, aged 4, found deceased in September 2021, after a visit with her mother, Malikah Bennett. Darius said he knows his baby girl, known as, Jelli, repeatedly, with her own attitude, told Bennett, to ‘call my daddy.’

Judge Karen Eady-Williams, Charlotte-Mecklenburg Superior court, told Bennett, ‘bond denied,’ in a court hearing, held March 17^th, with Young, Antoinette Austin, the only mother Jellie knew, a teen brother, and friends of Darius, in attendance.

“A human being tortured her daughter to death. Pure torture. Innocent little soul, the photos are bothersome. Pictures of busted lips, bruises all over her body. You forced her sister to help bury her in a shallow grave. Statements from the 13-year-old sister describe, you hit Meigeillic, punched her and threw her up against the wall, made her hold large jars of drink in each hand while standing in the laundry room,” said Eady-Williams.

A recording, between Bennett and her current boyfriend, submitted by Mecklenburg County jail officials, played during the hearing. Eady-Williams asked Young to leave the courtroom due to the disheartening nature of the brief tape that judge said many hours available. Austin stayed, during the listening, she bent over, trembling and broke down in tears. Her son and only child, Damontae, 18, was killed eight months ago, July 2021.

“Jelli was crapping everywhere and wouldn’t eat,” said Bennett to boyfriend. “Get your g–d–m ass up. Get the f–k up and f—-g eat,” hollered Bennett to Jellie.

 Judge Eady-Williams said Bennett told her boyfriend she placed a chair against the laundry room door where detectives reported Jelli was held for several days, fell, hit her head, and died. She told boyfriend Jelli was dead and she cancelled Jelli’s food stamps.

“You covered up her death, You lied to multiple family members…you even accused your current boyfriend of killing Jelli,” said Judge Eady-Williams.

Jelli, buried in a shallow grave in Bennett’s backyard, for approximately eight months after her birthday visit with Bennett, had no contact with her mother since she was three months old, according to Young. He said Jellie always asked why she did not have a mother like her friends. Jelli enjoyed meeting her mom and siblings, Eady-Williams read from a statement. The 13-year-old sister helped bury Jelli and Bennett coerced the other siblings to call her, ‘a nasty dog and a b—h.’

Judge Eady-Williams read the 13-year-old’s statement, ‘mom washed her (Jelli) body, wrapped her in trash bags, and put her in the car.’ For months, the van parked over the grave also where a Mother’s Day cook-out food table sat over.  She said there are pictures of Jellie wearing her 4th birthday button, August 11, and pictures of Jelli, alive, dressed in a plastic bag in late August 2020. Police reports state Bennett killed her daughter in September 2020.

“Jelli’s father is my 17-year-old son’s father. He has always been the best dad.  All of her (Bennett’s) children had been removed. She has several pending child endangerment cases. Our families did not know because we had no contact with Malikah or her children. Darius should have been notified. The system failed Jelli, her dad did not. I ask you to deny her bond,” said Tarickia Jackson pleading to Eady-Williams.

Bennett’s charges include, first degree murder, felony child abuse, inflicting physical injury and felony concealing a death. In a previous hearing, December 2021, the death penalty was removed from the table, she faces life in prison with no parole. Bennett’s next court date, April 7, room 5310, morning session.

“I do not wish death on Malikah, I just want her to see darkness for the rest of her life,” said Young who since moved into the home where Jellie was last and buried. “I find my peace there.”

.

By CELESTE M. HART

Darrell Kelley, social activist, author, and musical artist, released a DVD, titled, Take Your Knees Off Our Necks, September 2021, exemplifying the killings of Blacks by police and white vigilantes. The 10 brief, powerful tracks depict police killing Blacks, including, Ahmaud Arbery, Breonna Taylor, George Floyd, Derrick Scott, Andrew Brown, Daunte Wright, Jacob Blake and Rayshard Brooks.

 “You murdered an innocent, unarmed Black man… in broad daylight. I thought the KKK only came out in the middle of the night. Ahmaud was his name,” excerpt from Kelley’s song.

“I’m frustrated and mad another Black man is dead because of police brutality,” excerpt from Kelley song about Floyd.

“A young Black man got murdered…he called out his mother’s name,” excerpt from Kelley’s Scott song.

Kelley’s song style, a mixture of southern blues, R&B, gospel and jazz, with the background protest chant  behind each song, softly, ‘we want justice, we want justice,’ invokes painful awareness and action to fight police brutality. Kelley said he is a ‘vessel speaking truth to power.’

The images and videos in the DVD depict the anguish of mothers, fathers, and activists in protests, memorials and vigils for their dead children. At Ahmauds’ killers’ trial, Black Pastors Day, Kelley brought his customized black coffin with a mannequin inside, inscribed in white letters, the names, of police murdered victims and those brutalized. Kelley said the coffin helps bring attention to the issues.

“When I drive my coffin around in the hearse, I feel as though I hear the voices of the victims telling me, ‘Don’t stop fighting for us.’ It’s been frightening and painful to witness what has been going on in my sacred America,” said Kelley.

Take Your Knees Off Our Necks also includes song titles, Black Wall Street, Systemic Racism and Black Lives Matter. Kelley, a spiritual leader, performer, restaurant entrepreneur, native Bostonian, now based in Atlanta, founded Viral Records, authored, The Book of UWGEAM, an explanation of religion principles-unity, love, and respect, regardless of spiritual choice. Since the Take Your Knees release, Kelley sponsored and participated in marches for recent police involved murders of James Lowery, killed in December 2021, Florida, and February 2022, rally for Fred Cox, killed in 2020, Greensboro, NC

“It’s a shame I have to keep writing these songs….I’m gonna keep writing my songs until we get these racist police off the streets,” excerpt from Kelley’s Systemic Racism

The ‘mother’ who killed her daughter is due in court, February 10, morning, room 5310. This Father needs Justice, prayers and support.

By CELESTE M. HART

“I am a little disappointed but expected it. I was very hopeful, now, a little discouraged but the next step, to clear my name, will be forthcoming. I am excited that we can appeal their rejected DNA testing through the process. I will not give up,” said Raymond Allan Warren, from Lucasville, an Ohio maximum prison, one of many for 27 years.

Warren just received notice the court denied his request, submitted, June 2021, for DNA testing fingerprints on shell casings, according to Montgomery County, Dayton, Ohio, court docket, journalized, January 21, 2022. Ohio Public Defender’s Wrongful Conviction Attorney Joanna Sanchez represents Warren, since 2014. Prosecutor Mathias Heck opposed the testing and claimed that even without Warren’s DNA on casing, he would still be guilty. The official denial states:

“Because the fired casings were handled without gloves by the firearms examiner at the time of comparison, any DNA that may have been present has likely been obliterated. Additionally, extraneous DNA from the examiner and any other items handled in the relative time period could be sources of contamination. Because the fired cases are no longer in the same condition as found, the items are unsuitable for touch DNA testing.”

“Defendant’s arguments related to other admissible evidence appears to be a not-so-veiled effort to obtain a new trial when his prior efforts to obtain leave to file a motion for new trial based on the same evidence was not successful.”

Warren, at 17-years-old, convicted of murder, 10 whites on jury, in the death of Wendell Simpson, then 41, July 1994, Dayton, Ohio, maintained his innocence since the beginning while Heck maintained his guiltiness. Even though, two witnesses, Chante Hunt, then 16, and Antonio Johnson, 14, recanted statements, both said coerced by detectives, questioned without parents or an attorney present.

“I was given a statement that was prepared by one of the detectives and told to read it aloud, while they videotaped me. I was only 14 and scared,” said Johnson, via recantation affidavit in 2008.

Hunter recanted in 1999, said the detectives threatened to charge him with Simpson’s murder if he did not implicate Warren and testify in court. Warren said, now, both are ‘on deck’ for his exoneration.

The court’s decision stated the recantations came too late and the teens had the opportunity to recant during cross-examination at original trial.

The trio, Hunter, Johnson, and Warren who was known as the ‘neighborhood mechanic’ hung together the day of the killing, worked on a moped, and were stopped by Simpson who requested to buy drugs and possessed fake dollar bills rolled into real bills. Neither teen sold drugs, the man drove off, then a gunshot sounded from a near distance and curiosity drove the teens to the scene.

“I thought I was helping the police. I offered to have my hands tested for gun residue,” said Warren.

The residue test used, now scientists consider, ‘junk science’, found chemicals on left-handed Warren’s right palm, consistent with chemicals on brake pads or in the back seat of a police car.

Patricia and John Moreland testified they witnessed two people reach into Simpson’s car that crashed after the shooting, removed something, turned the ignition off, and left the scene.

Georgetown University students, Eleanor Haney, Kayla Wyatt and Michael Yedibalian, featured Warren in 2021, Making an Exoneree, documentary that showcased innocent inmates and their families.

“It’s been a long nightmare that I can’t wake up from. He has a mother who will do anything in my power to keep him (Warren) safe. I will not be quiet. I can’t die while my son is not exonerated.” said Mary Miller, Warren’s mother.

In 2012, Warren said, 14 to 15 Aryan nation inmates physically jumped him in a Toledo, Ohio prison, he tried to defend himself thus charged with assault and transferred to Lucasville, rated the most violent in Ohio, in 2016, by the Correctional Institute Inspection Committee.

Throughout the 27 years of fighting for justice, the courts consistently denied his motions, including his request, to wear civilian clothes, unshackled, for an appearance in court hearings, overruled his access to public records, denied every motion for consideration for new trial.

“I am fighting to prove my innocence and hope people pay attention…I was just a kid. Why am I still here?”, sobbed Warren.

https://pro.mcohio.org/pro/servpdf.aspx

 Justice Mary Donovan, wrote in her dissent for Warren’s 2019 appeal;

“I would reverse and allow Warren to file a motion for a new trial. At every turn, this record suggests counsel has failed Warren. On this record, I would conclude that Warren has adequately explained his reasons for the delay in seeking leave to file a motion for a new trial. His conviction rests partially upon discredited gunshot residue evidence and the testimony of two young teens who have recanted. “Those who claim wrongful conviction face nearly insurmountable procedural obstacles in attempting to prove their innocence.”

“Accordingly, in my view a confluence of factors — poor lawyers, recanted testimony of children (whose vulnerabilities are well recognized in law), and disputed firearm evidence — present a real risk Warren’s conviction may have been unjust. At a minimum, the motion for new trial warranted a merit determination and was timely filed under the circumstances. I would reverse.”

By CELESTE M. HART

UPDATE February 1, 2022: The court removed the death penalty for Malikah Bennent, her next hearing is scheduled for February 10, morning session, room 5310. Her mother, Tammy Moffett, hearing is April 10, morning session, room 5310. Jelly Bean’s father recently moved into the home where his four year old was tortured and malnourished, the cause of death is undetermined.

On Mother’s Day, May 9, 2021, Malikah Bennett, 31, held a cook-out in her back yard, on Braden Road, in Charlotte, where the food table stood above the burial ground of her own four-year-old daughter, Meigellic (mah’jel lick) Young, according to Darrus Young, 38, who nicknamed his baby girl, Jelli Bean. On Father’s Day, June 20^th, Young still awaited the release of Jelli’s body, he said he just wanted his daughter to rest in peace.

“All she wanted was her daddy. My baby was the smartest child, and she was stubborn. She changed my life as I wouldn’t be a licensed certified machine operator and pipe layer. I wanted to do so much for her,” said Young.

Young said Bennett dropped three-months-old Meigellic, off to him and his significant other, Antionette Austin who provided ‘that motherly love.’ Bennett never returned nor had any contact until he reached out and invited her over for Meigellic’s fourth birthday party, August 11, 2020. He said Meigellic began to wonder why other children had a mom. He wanted her to know Bennett yet did not have the desire to go through traumatic family court proceedings.

 “Jelli didn’t know Malikah or anybody in her family. Malikah said she was gonna take her swimming and bring her back after the week-end,” said Young. “I tried to meet Malikah at a park to get Jelli, she played me, never showed up. I’d see her at the nail shop, she looked frantic. I knocked on her door, several different times, no answer. Her jeep was sitting over Jelli’s body, the whole time,” said Young.

Meigellic’s body, allegedly, laid underground for approximately eight months, since September 2020, until May 21, 2021, when police arrested Bennett thus charged with felonies, first degree murder, destroying body remains, concealment of unnatural death and intentional child abuse causing physical harm. Bennett has several pending prior misdemeanor child abuse charges, January 2011, February and March 2020, a court hearing set for November 2021, involved several of her seven other children, many she lost custody.

 On May 27^th, police arrested Bennett’s mother, Tammy Moffet, 53, charged with two felonies, accessory after the fact and concealing an unnatural death. Young said Moffett lied to him, claimed she saw Jelli during those eight months. According to police, Bennett forced her 13-year-old daughter to assist in Jelli’s backyard burial, placed in two black bags. Young said he could not bring himself to view her decomposed body. His sister did and said she just saw fear in Jelli’s face.

“I was never contacted about Malikah’s other abuse charges. I just didn’t know,” said Young. “When Malikah continued to lie about Jelli’s whereabouts, I began my own investigation. I had the police come to her house where nobody answered, I told them to check the back yard, but they didn’t. They wouldn’t even list her as a missing child.  I went to two DSS offices and requested a welfare check and was told we would be put in the system.”

Young said he could not rest that day, was not satisfied, and later called the 24- hour Child Abuse hotline.

“I thank God for the Black lady who answered the hotline, at three A.M. She said I wasn’t even in the system and immediately placed me in the computer. A few hours later, an officer called me and said he was looking into it,” said Young. “Malikah was already in police custody. My baby was already dead, for nine months. My whole family is messed up, all the way. Jelli and my mother were more like sisters. I worry more about them.”

Meigellic was properly laid to rest, Friday, July 9^th, at Pleasant Hill Baptist Church, amongst a sea of family and friends donned in her favorite color, purple, and shirts with her pictures and the words, JUSTICE FOR JELLI.

 “I did my job,” said Young.

“Her four years of life was short, but yet full of light everyday…she loved lip gloss, shades, butterflies and unicorns. A superstar was what she was going to be,” obituary excerpt.