


A former assistant Macomb County prosecutor testified Friday that two witnesses should have been questioned more extensively about potential benefits they would receive for their testimony in the trial of a man convicted in the 2009 Eastpointe abduction and Detroit murder of a Chesterfield Township man.
Former assistant prosecutor William Cataldo was questioned on the stand in Macomb Circuit Court in Mount Clemens as part of a “relief from judgment” attempt by Robert Taylor, 32, who was convicted along with Ihab Masalmani (also Maslamani), 33, of first-degree murder and other charges for the Aug. 9, 2009 execution-style shooting death of Matthew Landry, 21, after abducting him from outside a sandwich shop. Masalamani shot Landry.
Taylor’s attorney, Assistant Macomb Public Defender Joan Morgan, says Taylor should receive a new trial in part because his trial attorney, the late Louis Zaidan, was unaware of a letter written by Cataldo to a Wayne County judge asking for leniency for key witness Fred Singleton, and was unaware of leniency that witness Thaser Thom Sadur would possibly receive. Both men had active criminal cases at the time.
But Cataldo, who was a defense attorney for 20 years, testified even though Zaidan did not receive the documents, he should have pursued the issue based on vague references they made in their testimony about potential benefits.
“I would’ve stood up and said, ‘what are you hoping for? What are you promised? What are you going to get?’” Cataldo testified. “It should’ve been more extensive than they (Taylor’s defense) did. It’s not as thorough as what I would’ve done, not as thorough as what it could’ve been done. … My gosh, yes, … I think his cross-examination was ineffective when it came to questioning (the witnesses) about the deals and truthfulness and honesty and that sort of stuff.”
Sadur testified at the trial he would “hopefully” receive some benefit, but there were no follow-up questions about what he was hoping for.
When asked about any benefits he might receive, Singleton testified, “I’m not certain,” according to the trial transcript read in court. When asked “whether some calls have been made recently on your behalf,” Singleton replied, “Yes.”
Singleton also had many prior convictions for theft and drugs that also he also could have been asked about, Cataldo pointed out.
Zaidan was not told about an October 2010 letter Cataldo sent after the Masalmamani trial to then Wayne County judge James Chylinski asking for leniency for Singleton in multiple burglary cases there, and were not told about the informal agreement with Sadur. Zaidan did not try to impeach the witnesses, Druzinski said in an opinion earlier this year.
It was also reveated that in August 2009, during the initial proceedings in the Taylor and Masalmani cases, Wayne County prosecutors formalized an agreement with Singleton to provide information about three robberies or burglaries in Detroit and receive one year in jail and five years probation related to two burglary and one larceny case.
The deal, however, makes no mention of Macomb County or the Masalmani-Taylor cases, though Detroit police were involved in the case due to Landry’s body being found in an abandoned house on Maddelein Avenue near Seven Mile Road and Gratiot Avenue in Detroit.
In Friday’s hearing in front of Judge Diane Druzinski, Cataldo testified he did not specifically recall but believes he informally told Sadur he may “help” Sadur for his testimony but was sure he didn’t promise anything.
“I don’t know why I didn’t put it (the lack of a deal) on the record,” Cataldo said. “I know that there was no deal, there wasn’t going to be a deal. But I must have said to them I would write a letter. And I don’t know why, for full clarity, why I didn’t put it on the record.
“I know it wasn’t part of of any deal, but it was probably a gray area where ‘You help me out, you scratch my back, I’ll scratch yours.’”
After the Taylor trial, Cataldo filed for a reduced sentence in Sadur’s criminal case, he said.
He said Singleton’s testimony was more important to the case than Sadur’s, but that he believes he would’ve been able to gain Taylor and Masalamani’s convictions even if they didn’t testify.
Singleton placed Taylor with Maslamani and Landry on the night of Landry’s murder in August 2009 in a drug house next to the abandoned home where Landry’s body was found.
“I think the cases still would’ve gone forward without Mr. Singleton because we had some evidence thanks to Doreen (Landry, Matthew’s mother), the ATM and all that sort of stuff,” Cataldo testified. “But I would not say to you Mr. Singleton was not a critical piece at both trials.
“I think I’m a damn fine trial lawyer and would’ve found something to go around and do.”
After abducting Landry, Masalamani, who was the leader of the two defendants, and Taylor used the victim’s ATM card to withdraw money and went on a shopping spree at the now-closed Eastland Mall in Harper Woods.
Sadur testified about comments made to him by Taylor while both were in the county jail.
Catlado worked in the Macomb County Prosecutor’s Office for nearly 18 years before leaving in 2023. He is now the tribal prosecutor for the Little River Band of Ottawa Indians based in Manistee, Mich.
Morgan says Taylor passed a polygraph that contradicted the testimony of Singlton and Sadur.
Both Taylor and Maslamani, who were 16 and 17 at the time of the slaying, respectively, are going to be sentenced for a third time by Druzinski upon the order of the state Supreme Court in relation to the landmark 2012 U.S. Supreme Court decision in Miller v. Alabama that outlawed automatic life-without-parole sentences for offenders under age 18.
Druzinski has twice sentenced both of them to life without parole, but the high court says judges must consider a variety of factors in determining whether to sentence a juvenile murder convict to life without parole or a term of years, which in Michigan is between 25 and 60 years
Appeals judges ruled in 2023 Taylor could still be sentenced to life without parole if Druzinski provides sufficient explanation of “clear and convincing evidence” Taylor was actively involved in the slaying as an aider and abettor.
The judge can hold another sentencing hearing at which defense and prosecuting attorneys can present cases about the facts of the incident, the defendants’ upbringings, their “incapacities of youth” and their chance at rehabilitation, and make related arguments.
If Druzinski decides against life without parole, she would apply a minimum sentence of between 25 and 40 years, up to a maximum of 60 years; the defendant would be first eligible for parole upon serving the minimum term.
Taylor’s resentencing is on hold pending the outcome of the relief-from-judgment request, while Masalmani is scheduled to be resentenced in October.
Friday’s hearing was attended by Landry’s mother, Doreen, sister, Gina, and others, as well as the two chief investigators in the cases, former detectives Pat Connor and Steve Sellers of the Eastpointe Police Department.
Doreen Landry said she traveled from her new home in Florida to attend the proceedings, though she is frustrated the case keeps being revived for the two convicted killers to possibly get reduced sentences or more.
She said she wouldn’t miss it.
“I have to do right by Matt,” she said, adding every time she attends a post-conviction hearing on the cases she relives it.
“It all comes back. It’s like it happened yesterday,” she said.
She moved to Florida six years ago because of the constant reminders in the area of the devastating loss of her son. Her husband and Matt’s father, Bob, who was especially impacted by the loss, died in 2016.
Detective Connor said he attended the hearing because the case was one of the most important and memorable of his career because of the horrific nature of the act, the “wonderful” Landry family and the cooperation among multiple law enforcement entities.
“All of the departments — Chesterfield, Roseville, Detroit, Macomb County Sheriff’s (and Eastpointe) all came together and melded into one unit to solve this case,” Connor said. “Everyone seemed to work so well together.”
He isn’t happy Taylor could get a new trial or he or Masalmani’s sentences could be reduced.
“I believe in the system we have, everybody has fair trials, … but it just seems that the victim and the victim’s families get lost,” Connor said. “The main concern is for the defendant and not for the victims. No consideration is given to them.
“How many times does he have to put the family through this for some stupid little technicality when it’s very obvious he had a very fair and equal trial between the two of them. All of these decisions by Judge Druzinski have been upheld.”