A motion to dismiss the indictment against Larayna and Anthony Manning due to prosecutorial vindictiveness was denied Tuesday in Christian Circuit Court, but a motion to quash the notice of intent to pursue the death penalty was granted.
Defense attorney Jason Pfeil represents Larayna Manning—who is charged with murder and first-degree robbery in connection with the October 2020 shooting death of Calvin “Cue” Taylor on North Kentucky Avenue—and he filed the motions that were taken up in court Tuesday. He accuses Commonwealth’s Attorney Rick Boling of holding his clients’ rights against her, saying he only filed his intent to pursue the death penalty or aggravators after they filed their motion for a fast and speedy trial.
Boling argues that based on the trial being set for October, there’s no feasible way he could actually pursue the death penalty, and he wouldn’t anyway unless there was DNA evidence of either Manning found.
The defense also says Boling had agreed to mediate the case while in court, but later refused to when they tried to meet with him. They also allege that Boling turned over supplemental evidence in late August that was dated as having been completed in March—other DNA evidence will likely not be complete in time for trial.
Judge Andrew Self denied the motion to dismiss the indictment, but granted the motion to quash the notice of intent to pursue the death penalty, saying the filing of the notice was not timely.
Judge Self says he fully intends to begin trial on October 4 as planned. Anthony Manning is charged with complicity to murder and complicity to robbery in connection with the case.
As previously reported, Hopkinsville police allege Anthony Manning drove his mother to Taylor’s home and went inside after hearing gunfire. Drugs, cash and a safe were missing from Taylor’s home when police began the investigation and police say Taylor’s mouth and wrists were duct-taped, indicating there had been a robbery.