INDIANAPOLIS (WTHR) — A federal judge has overturned his conviction of Russell Taylor, who pleaded guilty to child exploitation and porn charges.
Judge Tanya Walton Pratt sentenced Taylor to 27 years in prison in December 2015. Watson overturned the conviction Saturday due to ineffective counsel. Taylor's counsel, attorney Brad Banks, lacked experience in federal court, and advised Taylor to plead guilty.
Initially charged with 13 charges, Taylor pleaded guilty to three counts of sexual exploitation of a child "based on videos that did not fall within the exploitation statute," according to court documents.
"The Government charged Taylor with three counts of sexual exploitation of a child based on videos that did not fall within the exploitation statute. Lacking experience and preparation in federal court criminal proceedings, Taylor's attorney advised him to plead guilty to all of the charges pending against him. Taylor accepted that advice, without ever learning that the evidence was deficient."
The court is now vacating all of the charges and the case will start over. Taylor will remain in federal custody because he is still charged with 10 federal crimes. Walton Pratt, however, has ordered him to be returned to Indiana as soon as possible so he can meet with counsel and prepare for trial.
Taylor's counsel has one week to decide if they'll stay in their position, or if Taylor will need a court-appointed attorney. Once that happens, an initial hearing will be scheduled.
