RIPLEY, W.Va. (AP) — The trial for a West Virginia man accused of sexually assaulting and killing an infant girl has been delayed.
The Charleston Gazette-Mail reports a circuit court judge on Wednesday delayed the trial of 33-year-old Benjamin Ryan Taylor from next month to Feb. 13, 2018, as prosecutor Katie Franklin and defense attorney Kevin Postalwait go over DNA testing results, a toxicology report and other evidence. The judge also ruled Postalwait has until Dec. 1 to file a motion if intending to raise insanity or a diminished capacity defense.
Taylor is charged with murder, sexual assault and child abuse in the October 2016 death of his then-girlfriend’s daughter, 10-month-old Emmaleigh Barringer.
Gov. Jim Justice signed “Emmaleigh’s Law” in April, which increases the sentence for those convicted of child abuse cases causing death.