Posted on 02/16/2007 5:47:07 AM PST by Pyro7480
WILMINGTON, Del. - Jurors found out for the first time yesterday that James Cooke Jr. and his lawyers are not in agreement about his defense against capital murder charges in the death of White Plains college student Lindsey Bonistall.
"I'm not guilty! I'm not guilty! They chose that mentally ill, not me. You know? Yeah, keep that in mind," Cooke yelled to the jury about his lawyers just before autopsy photos were shown.
The latest outburst from Cooke, the loudest to date and on the last day of the prosecution's case, prompted one of his lawyers to request a mistrial. The lawyer, Kevin O'Connell, suggested Cooke's right to a fair trial was prejudiced because jurors learned he opposes his lawyers' strategy.
Superior Court Judge Jerome Herlihy rejected the motion, agreeing with the lead prosecutor, Steven Wood, that the defendant should not benefit from his courtroom antics.
"Any prejudice that flows from what he did is self-created," the judge said
When the trial resumed, Cooke was kept out of the courtroom and had to watch the proceedings via video from a holding cell. The prosecution rested its case a short time later. The last witness was the assistant state medical examiner who conducted the autopsy May 2, 2005, the day after Bonistall was discovered dead under burnt debris in the bathtub of her Newark, Del., apartment....
Cooke, 36, is charged with first-degree murder, rape and arson in Bonistall's death, and robbery and burglary charges in a pair of home invasions in the days leading up to the killing.
(Excerpt) Read more at nyjournalnews.com ...
Delmarva ping!
Ack! It got moved to general/chat. :-\
Trial judge is right though, this one won't fly.
Are they seeking the DP? Does Delaware even have the DP?
As far as I know, they are seeking the death penalty. DE does indeed have it, though I know it's been a while since they executed someone. Delaware is my native soil.
DelMarVa ping.
This has been an absolutely bizarre trial.
As far as I'm concerned, this guy should have been locked-up for the rest of his life BEFORE he had a chance to kill her.
That is definitely true. Herlihy is a decent judge and Wood is a decent prosecutor, so I would venture the trial will not go Cooke's way :)
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