Conviction is overturned in woman's 2003 murder

Failure to poll or hearken jury leads to new trial

Wednesday, Dec. 30, 2009

The Maryland Court of Appeals on Dec. 21 reversed the murder conviction of a Clinton man who was accused of shooting an IRS worker in the head and dumping her body in a Newburg field.

A Charles County jury found Isa Manuel Santiago guilty of second-degree murder after a trial in 2006. However, because the jurors were neither polled nor hearkened to ensure that the verdict was unanimous, the Court of Appeals ruled that Santiago, 34, should receive a new trial. In doing so, the higher court upheld a November 2008 ruling by the Maryland Court of Special Appeals.

The victim, LaToya Taylor, 26, an employee with the Internal Revenue Service, was seen climbing into a black Jeep Cherokee on June 13, 2003, in Washington, D.C., according to previous Independent articles covering court proceedings. Six days later, Taylor's body was discovered wrapped in trash bags in a field near U.S. 301, stated an opinion written by Court of Special Appeals Judge James Eyler.

Before the killing, Taylor, of Fort Washington, had been asking for child support from Santiago, although the Clinton man disputed paternity, according to the opinion. Santiago owned a Jeep, which was found burned in Washington, D.C., on June 14, and during the trial, experts matched carpeting from the vehicle to fibers found on the bags covering Taylor's body, previous Independent articles stated.

In addition, the cell phones of both Taylor and Santiago traveled to Southern Maryland the afternoon the victim went missing, phone records showed.

After the jury found Santiago guilty in March 2006 of second-degree murder, using a handgun in a violent crime and firearm possession, Judge Christopher C. Henderson sentenced him to 55 years in prison.

But the Court of Appeals ruled that juries must either be polled or hearkened to make sure each panel member agrees to the verdict.

"In the present case, the verdict as rendered was not hearkened. Santiago did not make a demand for the jury to be polled. Thus, the clerk's failure to hearken the verdict was fatal and rendered the jury's verdict defective," wrote Court of Appeals Judge Clayton Greene Jr. in the opinion.

According to a state judiciary Web site, no date has been set for the new trial.

brodgers@somdnews.com