Pre-trial ruling in gun case puts end to jury trial

County court no longer has jurisdiction after Superior appeal

HOLLIDAYSBURG -- A Blair County jury trial expected to focus on illegal gun possession charges came to a halt Monday shortly after pre-trial judicial rulings seemingly gutted the prosecution’s case.

President Judge Elizabeth Doyle dismissed the jury after learning that the district attorney's office responded to her pre-trial rulings by filing a notice of appeal with the state Superior Court.

The judge said in court that once the notice was filed, the county court no longer had jurisdiction over the case.

If the district attorney's office prevails in the appeal, then Emanuel Taylor's gun-related charges -- unlawful possession of a firearm and carrying a firearm without a license -- will remain intact and a new jury trial can be initiated.

If the state court rejects the appeal, then Taylor's gun-related charges will be dismissed with no further pursuit.

Outside the courtroom, Assistant District Attorney Justin Shickman said his office remains ready to continue prosecution if the state Superior Court agrees.

Chief Public Defender Russ Montgomery, who objected to canceling the trial, showed no interest in resolving Taylor's criminal charges with a plea.

"At this point, we'll wait for the Superior Court to decide," Montgomery said. "But that could change."

Arrest dockets show Taylor, 46, who remains free on bail, has lived in Altoona and was living in Maryland at the time of the April 1, 2018, traffic stop. He was a passenger in a vehicle driven by Darien Riddick of Maryland, who faces similar charges that are pending. Taylor also has non gun-related charges that are pending in connection with the traffic stop. They include criminal conspiracy, possession with intent to deliver, receiving stolen property, possession of marijuana and possession of drug paraphernalia.

Monday's dispute leading to Taylor's canceled jury trial developed in court after Mongtomery objected to a potential witness and documents that Shickman planned to present during trial.

A potential witness was prepared to testify that his gun -- the one found in Taylor's possession during the April 1, 2018, traffic stop along I-99 in Greenfield Township -- was stolen.

Montgomery said Taylor would be prejudiced if the jury heard the gun described as stolen. Doyle agreed that the jury could consider Taylor's criminal charges without knowing the gun's origin.

Montgomery also objected to trial evidence including a document from Maryland with Taylor's arrest record. That document was expected to show the basis as to why Taylor is prohibited from possessing a firearm.

Montgomery said the Maryland document lacked a required seal to certify its origin. Shickman said it was certified by the office that issues it.

Montgomery told Doyle that's insufficient for use in court, prompting the judge to ask Shickman if his witnesses include someone from Maryland who certified the document. Shickman said no.

Shickman said his witnesses would include state police Trooper Rusty Hays, who garnered information on Taylor's arrest record in Maryland from the National Crime Information Center. Montgomery told the judge that without proper substantiation, the trooper's information is hearsay.

Shickman pointed out that the NCIC is a national database with information supplied and used by state police. Montgomery countered that the trooper may be able to testify as to how Pennsylvania contributes, but not Maryland.

Doyle suggested that because the trial was slated to continue through today, Shickman had the option to get someone from Maryland to come to the trial and authenticate the records.

Shickman responded by advising the judge that his case was "substantially prejudiced" by the rulings and spoke of pursuing an appeal. Doyle, in response, recessed court briefly, then reconvened and said the case wasn't in that kind of position.

"I'm being told that an appeal is being filed right now," Shickman said on behalf of the district attorney's office.

Doyle summoned the jurors into the courtroom for her opening instructions, then sent them out of the courtroom when Shickman, instead of giving an opening statement, asked for a sidebar meeting at the bench.

The judge subsequently acknowledged that the notice of appeal was filed with the state Superior Court.

The jurors never returned to the courtroom.

Mirror Staff Writer Kay Stephens is at 814-946-7456.