Still a possibility Taylor could one day face trial

In this undated photo, Tony Earl Taylor is shown in a courtroom.
In this undated photo, Tony Earl Taylor is shown in a courtroom.

An accused killer who has twice been declared incompetent by Arkansas state mental health experts could still face a trial someday in Miller County.

Miller County's elected prosecuting attorney, Stephanie Potter Barrett, told Circuit Judge Carlton Jones at a status hearing Thursday for Tony Taylor, 58, that she recently received a letter from an Arkansas State Hospital psychologist which indicates Taylor is being "cooperative" and could potentially meet the legal standard for a finding of competency in the future.

Taylor is accused in the March 2017 slaying of 35-year-old Crystal Reed. Reed's body was unearthed from a makeshift grave on a hunting lease in Ogden, Ark., by investigators after Taylor allegedly told them where to find her.

Taylor is charged with murder, abuse of a corpse and evidence tampering.

In reports dated Oct. 25, 2017, and Aug. 17 of this year, forensic psychologist Lacey Willett Matthews concludes that Taylor's level of intellectual functioning prevents him from understanding what is happening in the court process or assisting his lawyer in preparing a defense, both of which are required for a finding of competency under legal standards.

The reports note that Taylor is illiterate.

Following receipt of the first report, Circuit Judge Carlton Jones ordered Taylor returned to the state hospital for restoration of competency. Restoration can be accomplished through medication for some defendants and through education, such as to how the criminal justice process works, for others.

Both of Matthews' reports indicate that Taylor simply isn't smart enough to face the consequences of his own actions. To be found fit to proceed under the law, a defendant must understand the criminality of the conduct with which they are charged, understand the proceedings around them, and be capable of assisting their lawyer with a defense.

Despite the insight Taylor allegedly showed by cleaning the apartment where Reed is thought to have been stabbed, hiding pieces of evidence in the back yard of a friend's Texarkana, Texas, residence, and moving and burying the body in a third jurisdiction, the reports expressed the opinion that Taylor doesn't have the intellect to face justice.

The latest report identifies Taylor as at "low risk" for future violence.

"Although Mr. Taylor is presently charged with a violent offense, his involvement in the alleged offense has not yet been proven in a court of law. He has no substantial history of violent behavior, nor has he ever been convicted of a violent criminal offense," the Aug. 17 report states. "In the event that the current allegations against Mr. Taylor are proven to be true, his risk for future violence could increase."

Taylor is unlikely to be found guilty if a finding of "not fit to proceed" exists. In an earlier interview, Barrett described the most recent report as defying logic. Taylor is currently at the state hospital and was not present at Thursday's hearing. Jones scheduled the case for another status hearing next month.

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