IS AN AGING MODEL PRISONER AND REENTRY THOUGHT LEADER SERVING 50TH YEAR OF A "DEATH-BY-PNEUMONIA" LIFE WITHOUT PAROLE SENTENCE?

           An aging model prisoner and “inside-out” Reentry Thought Leader  Mr.. James Taylor (#AF-4120) is serving his 50^th year of a life without parole sentence for a murder he did not commit at SCI Phoenix, the largest male maximum security prison in Pennsylvania.  In December 1971, Mr. Taylor and Mr. Robert Morgan, a 50 year old Caucasian man sat on a park bench talking and drinking wine. After consuming the bottle of wine, the two inebriated men walked to a Wine and Spirits store.  Mr. Taylor purchased, with his own funds, a bottle of Taylor’s Port which he intended to share with Mr. Morgan.  During their return to the park, Mr. Taylor stopped, gave the unopened bottle to Mr. Morgan, turned his back, and relieved himself.   Mr. Taylor was surprised that  Mr. Morgan had already drank a considerable amount of the wine he had just bought.   An altercation ensued.  During the fracas, Mr. Morgan fell and injured himself.  He was rushed to a hospital and during his two-week stay, apparently due to medical malfeasance, Mr. Morgan died from pneumonia.  Mr. Taylor – an African American -- was arrested, charged with first degree murder – a murder that never occurred -- by a Caucasian prosecutor in the Philadelphia District Attorney’s Office, convicted of first-degree murder  - - a murder that never occurred -- by a predominantly Caucasian jury,  and has served 50 years of a life without parole sentence mandated by a Caucasian judge.  

 

         The real cause of Mr. Morgan’s death was never raised at Mr. Taylor’s trial due to his legal counsel’s incompetence.  Toxicology and autopsy reports which would determine the exact cause of Mr. Morgan's death were withheld from and denied to Mr. Taylor's legal counsel in his first trial in March 1974 and again in his second trial in August 1978.Further, exculpatory evidence was willfully withheld by the prosecutor assigned to Mr. Taylor’s case.  

 

            So, was a murder committed?  No!  When one looks at (A) the definition of murder; (B) the events that transpired between Mr. Morgan and Mr. Taylor; (C) the fact that Mr. Morgan was alive when he was transported to the hospital immediately subsequent to the altercation with Mr. Taylor; (D) the fact that both gentlemen were disoriented due to a respective diminished capacity produced by the consumption of alcohol; (E) the fact that Mr. Morgan lived for two (2) weeks after the fracas while hospitalized; (F) the fact that Mr. Morgan contracted and died from pneumonia while in the care of the hospital and its employees agents, and assignees; and (G) the nonexistence of premeditation on the part of Mr. Taylor, a flood of questions comes to mind:

 

·         How can a prosecutor charge and convict Mr. Taylor of murdering Mr. Morgan when a murder never occurred? 

·         Is Mr. Taylor serving a life without parole sentence for “death by pneumonia” of Mr. Morgan caused by the malfeasance of medical professionals at Graduate Hospital  who were responsible for Mr. Morgan’s care?   

·         Why hasn’t commutation of Mr. Taylor’s life without parole sentence occurred?

·         What role did systemic racism play in Mr. Taylor’s being charged with a murder that never happened, his conviction, and his sentencing to life without parole?

Let’s remember that Mr. Morgan did not die at the hands of Mr. Taylor  When Mr. Taylor left Mr. Morgan, he (Mr. Morgan) was alive.  Mr. Morgan arrived at the hospital alive. He stayed at the hospital for two weeks.  It was during those two (2) weeks at the hospital that he contracted pneumonia.  He died at the hospital.