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Battling over meaning of self-defense
Murder defendant felt he was in 'imminent danger'
Friday, April 18, 2008
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Did Alex Taylor act in self-defense when he shot 62-year-old George Davis five times?

That is the question lawyers have been hammering away at for more than four weeks in front of a Napa County Superior Court jury.
Taylor, 26, killed Davis in April 2007, in the bedroom of Davis’ west Napa apartment.

During weeks of testimony in the murder trial, defense attorney Jess Raphael presented evidence that Davis worshiped the devil and practiced black magic and witchcraft. He argued Davis had a power over Taylor, who said he is schizophrenic and hears voices, and that Davis used this power to manipulate his client.
Taylor met Davis when he was 16, and believed that Davis was able to drive the demons from his body using magic spells. Raphael has presented evidence that Taylor believed Davis posed a deadly threat to him.

Napa County Deputy District Attorney Gary Van Camp argues that Taylor planned to murder Davis for some time, that Taylor was armed when he went to Davis’ apartment that April night and that he deliberately shot Davis time and again.
Raphael is arguing what is known as imperfect self defense, which means Taylor felt he was in imminent danger, but a reasonable person may have not seen it that way.

“The defendant killed another person because he actually, but unreasonably, believed he was in imminent danger of death or great bodily injury, the defendant is deemed to have acted without malice and thus can be convicted of no crime greater than voluntary manslaughter,” Raphael wrote in court documents.

Raphael also wrote in his court brief that Davis programmed Taylor to believe in his magical powers and satanic practices, and it had devastating effects on Taylor. He said Davis “victimized Taylor’s fragile mind.”

Van Camp also filed a brief with the court on the issue of self-defense brief.

He wrote that “imminent danger means that the danger must have existed or appeared to the defendant to have existed at the very time the fatal shots were fired. Future harm, no matter how great the fear, will not suffice.

“There was no imminent danger that had to be instantly dealt with when he shot Davis. The killing was planned and premeditated, and was not in response to any danger that Davis exhibited at the moment he was shot.”

Taylor confessed to the homicide. He offered two motives. The first is that Davis wanted to die, and that Taylor assisted in his suicide. The second is that Taylor believed Davis raped him when he was 4, in an incident that has not been corroborated.

On Wednesday, Michael Fidler, who has been a friend of Taylor since their Napa High School days, testified he met Davis when he was, 17, through Taylor.

He told the jury he signed several of Davis’ contracts giving Davis power over his life, and that Davis had performed at least two exorcisms on him.

Raphael showed Fidler four photos Davis took of him when he was 17 without his shirt on.

Fidler said the photos were taken to show him how he looked after Davis drove the demons from his body.

Raphael questioned Fidler him about Taylor’s bizarre behavior.

“Did Alex yell at himself? ... wave his arms and legs ... did he display fighting gestures with an imaginary person?” Raphael asked in a series of questions.

Fidler responded, “yes,” saying such things happened frequently.

Raphael asked Fidler if Taylor believed Davis used black magic to get into Taylor’s head.

“Yes, I believed he did by the way he acted,” Fidler answered.

During cross examination, Van Camp asked Fidler if he and Davis were friends until the day he died.

“Yes.”

“He was friendly to you ... someone to talk to?”

“Yes.”

Alluding to the assisted suicide theory, Van Camp asked Fidler if Davis seemed happy with life.

“Sure looked like it,” Fidler said.

When asked if he believed Davis was suicidal, Fidler quickly responded “no.”

Taylor has pleaded not guilty. If found guilty, Raphael will argue Taylor is not guilty by reason of insanity.
6 comment(s)

kevin wrote on Apr 18, 2008 9:22 AM:

" I bet that teacher who shot her boyfriend in cold blood is watching this trial closely to see how this defense plays out... "

BD4 wrote on Apr 18, 2008 12:40 PM:

" Kevin - the boyfriend did not die. In fact I think I heard he is now in a Texas jail on trial for domestic violence. "

Kevin wrote on Apr 18, 2008 6:44 PM:

" If he didn't die it wasn't for her lack of trying. She shot him while he was asleep and then again in the back when he tried to get away, because she "feared for her life". Sounds like the same defense to me... "

barefoot wrote on Apr 18, 2008 7:54 PM:

" You guys are going to think I'M crazy. They define "imminent danger" above, but I don't think it works in this case. If you believed someone put some sort of "curse" or "hex" on you, you would be in imminent danger from the moment they did so. Proving that they put a "hex" on you is the key. Especially the details of said "hex". "

Ephemerol wrote on Apr 18, 2008 9:39 PM:

" This will cease to happen or occur when "all" of us talk openly about issue of depression and mental health in general and that talk has begun now. What a terrible tragedy and gothic nightmare this all is. I am sorry to say that this is still done ( the casting out of demons ) in many countries of the world and the mental ill in California as well as many so called progressive European countries were actually sterilized and worse early on. What haunts me is where were his parents in all of this besides sleeping? Until we take "people making" seriously and with the reverence and respect it deserves and not treat it so lightly, all sorts of terrible things will extend from that kind of oblivion and disengagement.
"

barefoot wrote on Apr 23, 2008 10:44 PM:

" I totally agree. Don't be so content that your reality is the only one that exists. "

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