Attorney: Slaying indictment flawed

Kim Smith

Friday, May 26, 2000 | 10:27 a.m.

Attorneys for a man suspected of killing his girlfriend nine years ago failed to win his release Thursday, but they've been given one more chance.

Deputy Special Public Defender Kristina Wildeveld tried to persuade District Judge Mark Gibbons to free Danny Kaye Taylor on several grounds during a 90-minute hearing Thursday.

Taylor was indicted on murder and robbery charges in January in connection with the death of Cheryl DeSantis.

According to police, DeSantis had been living with Taylor in Laughlin when she disappeared in April 1991. Months later her skeletal remains were found in San Bernardino County, Calif.

Taylor moved to Oklahoma shortly after DeSantis disappeared, and authorities claim he told acquaintances that he "knocked someone off in Las Vegas and buried the body."

Because police allege Taylor robbed DeSantis of her jewelry, he is facing the death penalty.

Wildeveld told Gibbons that because DeSantis' body was found in California, Nevada authorities have no jurisdiction in the case. Moreover, prosecutors provided grand jurors with information that unfairly prejudiced them and didn't give them information that may have tended to clear Taylor.

The grand jurors should never have been told that DeSantis had accused Taylor of molesting her then 4-year-old daughter, that Taylor was under investigation in Oklahoma for an unrelated crime, appeared nervous and "creepy" during his police interrogation and has served time in jail, Wildeveld said.

Conversely, the grand jurors should have been told that DeSantis had recently begun seeing an old boyfriend, had accused others of molesting her daughter and had overnight bags packed in her car, which was found disabled in the desert, Wildeveld said.

Wildeveld also argued it would be unfair to try Taylor now because many of the witnesses from the case would be difficult to locate and those who are available likely have faulty memories.

Taylor shouldn't be facing the death penalty either because the statute of limitations for robbery ran out six years ago, Wildeveld argued.

Deputy District Attorney Bill Kephart argued that prosecutors acted appropriately during the grand jury proceeding. He also said that because authorities believe Taylor formed the intent to kill DeSantis while in Nevada, the case should rightly be tried here.

The case is being tried now because it wasn't until recently that authorities learned of Taylor's alleged bragging, Kephart said. The state didn't delay the case for tactical reasons.

Gibbons agreed with Kephart on all but one of the issues. He noted that Byron De La Beckwith wasn't convicted of slain civil rights leader Medgar Evers' death until 31 years after the fact.

The only issue Gibbons did not rule on was the issue of jurisdiction. He scheduled a June 26 hearing to hear arguments on it.

Taylor is being held in the Clark County Detention Center on $500,000 bond.