Federal Death Penalty Case On Hold

The sentencing phase of the federal death penalty trial for Rejon Taylor hangs in the balance, awaiting a ruling from Judge Curtis Collier.

Just after Taylor was convicted of carjacking and killing Atlanta restaurant owner Guy Luck back in August of 2003 he made some phone calls from jail. Those calls were recorded and federal prosecutors released them to the court. Taylor is heard saying he felt the jurors who convicted him are "racist" and "rednecks."

During a motions hearing Thursday in U.S. District Court Taylor's defense team noted that 11 of the 18 jurors and alternates found out about those comments through media reports or from other people who heard those reports. But it wasn't clear as to how much information the jury heard.

Defense lawyers argue the jury is tainted by "personal attacks" against them made by Taylor and Judge Collier should declare a mistrial.

But prosecutors argue the jury can be saved by instructing them to disregard Taylor's comments when they decide if Taylor should get life in prison or the death penalty.

Judge Collier is expected to soon decide on the motion for mistrial. If he rules the case should continue with the current jury panel the jurors will face some tough questioning about what they heard and whether it will influence their ability to hear evidence in the sentencing phase which is scheduled to begin October 6.

But if Judge Collier decides to question the jurors that could delay the sentencing phase, which is expected to continue for one to two weeks.