INDIANAPOLIS–The man who pleaded guilty to producing child pornography for former Subway spokesperson Jared Fogle will have to be tried all over again. A federal judge ruled that Russell Taylor had bad legal advice, which may have caused him to plead guilty.
Taylor, Fogle’s former employee and head of the Jared Foundation, was convicted in 2015 of several federal counts of producing child pornography after pleading guilty on the advice of attorney Bradley Banks.
Court documents say Banks had never defended anyone in a federal criminal case and may not have understood all of the implications of the charges against Taylor, or what information the jury would have heard or seen, had the case gone to trial.
The attorney also did not understand that the government was charging Taylor with three counts of sexual exploitation of a minor, even though the material in some of the videos did not fall under that charging criteria.
Taylor may have gotten bad advice from his lawyer, which caused him to agree to a guilty plea that ultimately got him sentenced to 27 years in federal prison for producing and distributing child pornography, namely sending it to Fogle.
The judge’s decision means Taylor no longer stands convicted of a crime, and the government will have to retry his case.
Fogle is also serving a federal sentence for his role in receiving child pornography.