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Thread: James E. Cooke, Jr. - Delaware

  1. #41
    Administrator Moh's Avatar
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    Del. court hears appeal of death row inmate

    DOVER, Del. (AP) — The Delaware Supreme Court is set to hear arguments in the latest appeal by a death row inmate twice convicted of the 2005 rape and killing of a University of Delaware student.

    The court was to hear arguments Wednesday in the case James Cooke Jr. The appeal raises several issues but centers on the conduct of a woman who did not answer a questionnaire truthfully before being seated on the jury that convicted Cooke in his 2012 retrial.

    Cooke was initially convicted and sentenced to death in 2007 for the murder of Lindsey Bonistall of White Plains, New York.

    The Supreme Court overturned that conviction in 2009 because his public defenders, without Cooke’s consent and despite his repeated claims of innocence, argued that he was guilty but mentally ill.

    http://www.washingtonpost.com/nation...f7c_story.html

  2. #42
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    Del. Supreme Court upholds death sentence for James Cooke

    In a unanimous decision Thursday, the Delaware Supreme Court upheld the conviction and death sentence against James E. Cooke for the May 2005 rape and murder of University of Delaware sophomore Lindsey Bonistall.

    "We are relieved by the decision of the Delaware Supreme Court and we are grateful that once again justice has been served," said Kathleen Bonistall, Lindsey's mother.

    She added that she is "tentatively" optimistic that this ruling will mean that her family's days of sitting in a courtroom are over. "We are hoping," she said.

    The Bonistall family has had to sit through, and testify at, two different trials. Cooke's first conviction and death sentence in 2007 was tossed out by a divided Delaware Supreme Court in 2009, leading to a 2012 re-trial.

    Writing for the court, Chief Justice Leo Strine said none of the 10 claims raised by Cooke's attorneys to overturn the 2012 conviction on first-degree murder charges provided a basis for reversing the decision of the jury and the subsequent imposition of the death penalty by Superior Court Judge Charles H. Toliver IV.

    "What is also common to many of Cooke's arguments is that they are grounded in the contention that he should be relieved of punishment because of his own inexcusable and incorrigible conduct," wrote Strine in the 71-page opinion.

    Cooke went through a string of publicly funded attorneys and before the 2012 trial and insisted that he be allowed to represent himself. Cooke even fired the legal team that won a reversal of his first conviction.

    Cooke was allowed to conduct jury selection on his own behalf, offer an opening statement and then cross-examine state witnesses. However, Cooke was repeatedly disruptive and failed to follow Toliver's instructions for proper procedure and courtroom behavior.

    Toliver repeatedly warned Cooke and Cooke repeatedly ignored Toliver until on the third day of trial, shortly after Cooke told Toliver "You're evil" and that he was going to go to hell, Toliver stripped Cooke of his right to represent himself and ordered Cooke's standby attorneys to complete the case.

    Cooke's 2007 conviction and death sentence was tossed out by a divided Delaware Supreme Court because a majority of the court ruled that Cooke's public defenders had improperly entered a plea of guilty-but-mentally ill over Cooke's objections at that proceeding.

    Cooke claimed he was neither guilty nor mentally ill.

    While the newest Delaware Supreme Court rulings effectively ends Cooke's appeals in state court, Cooke's attorneys can now file appeals to the federal court system.

    According to testimony, Cooke broke into Bonsitall's off-campus apartment early on May 1, 2005, bound and raped and then strangled the University of Delaware student. Cooke then put Bonsitall's body in the apartment's bathtub and set it and the unit on fire in an apparent attempt to cover his tracks.

    http://www.delawareonline.com/story/...ooke/13099507/
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  3. #43
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    Bonistall killer to learn execution date later this month

    On Oct. 20, convicted killer James Cooke Jr. will be in court to hear a judge set his execution date.

    Superior Court Judge William C. Carpenter Jr. set the hearing date Monday following an office conference with attorneys.

    The date is being set because in July, the Delaware Supreme Court upheld Cooke's conviction and death sentence for the May 2005 rape and murder of University of Delaware sophomore Lindsey Bonistall.

    Cooke has been tried and convicted twice, but his first conviction was overturned, leading to a 2012 retrial where a second jury also found Cooke guilty and also recommended a sentence of death.

    However, the execution date that Carpenter will set later this month is nearly certain to be put on hold pending federal appeals. Cooke attorney Peter Veith said Monday that he and co-counsel Anthony Figliola will be seeking a stay of any execution order pending either a direct appeal to the U.S. Supreme Court or an appeal to the U.S. District Court in Wilmington.

    "We haven't decided yet," said Veith, adding that the window for Cooke to file a direct appeal to the U.S. Supreme Court closes in about two weeks.

    "We understand that it is very likely that the execution date that will be set by Judge Carpenter will be stayed by further post-conviction litigation," Deputy Attorney General Steve Wood said on Monday. "But it is nonetheless an important step along the road toward justice for Lindsey Bonistall's family."

    In general, due to appeals, it takes more than 10 years after a defendant has been convicted and sentenced to death in Delaware before an execution is carried out unless the defendant waives his appellate rights.

    http://www.delawareonline.com/story/...onth/16928321/
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  4. #44
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    Bonistall killer's execution date set

    In a brief proceeding on Monday, James Cooke was informed that he is to be put to death on Dec. 4 for the 2005 rape and murder of Lindsey Bonistall.

    However, all sides expect this new execution date to be stayed as Cooke pursues appellate options.

    Cooke, 43, who was notorious for his outbursts during his first trial and re-trial, remained quiet through the six-minute proceeding before Superior Court Judge William C. Carpenter Jr., who took over the case after Superior Court Judge Charles Toliver IV retired earlier this year.

    Carpenter read a brief statement informing Cooke that since the Delaware Supreme Court had upheld Cooke's conviction and death sentence, the court was required to re-impose the sentence and set an execution date.

    Cooke, who was dressed in an orange prison jumpsuit, was then taken out of the courtroom once Carpenter finished re-reading the sentence that was imposed by Toliver in September 2012.

    Outside court, Cooke attorney Anthony Figliola said he expects that Cooke will file a motion claiming his trial counsel was ineffective, and at that point, he, along with co-counsel Peter Veith, will file a motion to stay the execution and withdraw from the case. Figliola said he expects Cooke to file his motion in the next couple of weeks, and at that point, the Federal Public Defender's Office will take over representation of Cooke through the appeals process.

    Deputy Attorney General Steve Wood said while he does not expect Cooke to be executed in December, due to appeals, he nonetheless said Carpenter's ruling on Monday is "an important step down a long road" to Cooke's eventual execution.

    Appeals in a death penalty case can take as long as 15 years before an execution is carried out.

    http://www.delawareonline.com/story/...-set/17618667/
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  5. #45
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    Bonistall killer James Cooke files appeal

    By SEAN O’SULLIVAN
    THE NEWS JOURNAL

    WILMINGTON – Attorneys representing convicted killer James E. Cooke Jr. have filed papers with the U.S. Supreme Court seeking to overturn his conviction and death sentence and also filed papers in state court seeking to stop his scheduled Dec. 4 execution.

    Cooke was convicted and sentenced to death twice for the May 2005 rape and murder of University of Delaware sophomore Lindsey Bonistall. The first conviction, however, was overturned by a divided Delaware Supreme Court.

    That court upheld Cooke's second conviction but in papers filed with the U.S. Supreme Court this week, attorneys with the Atlantic Center for Capital Representation in Philadelphia argue that a state judge should have given Cooke more time to prepare for trial after he fired his court-appointed attorneys and chose to represent himself. Attorney Mark Bookman also wrote that Cooke needed the time because 11 days before trial he learned of new evidence about a prosecution witness who had lied at the first trial related to a "prior suspect"

    However, according to Deputy Attorney General Steve Wood, the evidence cited by Bookman was not new and was not central to the case and the man involved was never a suspect in the killing. The evidence related to a man who had the same cellphone number as a deactivated cellphone that was used to call police about the crime days after the murder. Wood said the voice in that phone call was positively identified as belonging to Cooke.

    Cooke had a history of feuding with and firing his attorneys, including dismissing the attorneys who successfully overturned his first conviction and death sentence. When he fired attorneys Anthony Figliola and Peter Veith, his third set of attorneys, in November 2012, about three months before trial, he was warned he would get no additional legal help and that the trial date would not be postponed.

    At trial, after several days of misbehavior in court, Superior Court Judge Charles H. Toliver IV ruled Cooke had forfeited his right to represent himself and re-installed Figliola and Veith as Cooke's attorneys.

    Figliola and Veith, meanwhile, filed a motion late Wednesday to stay Cooke's execution, currently set for Dec. 4, citing Cooke's appeal to the U.S. Supreme Court.

    Delaware prosecutors expected Cooke to file the federal appeal and seek a stay of his execution.

    Generally, it takes 10 to 20 years of appeals before a death sentence is carried out in Delaware.

    Delaware has until Nov. 26 to respond to Cooke's U.S. Supreme Court motion.

    http://www.delawareonline.com/story/...peal/18177841/

  6. #46
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    Execution delayed for Bonistall killer

    As expected, a New Castle County Superior Court judge has stayed the Dec. 4 execution date for convicted killer James E. Cooke so that Cooke’s appeal can be considered by the U.S. Supreme Court.

    Cooke, 43, was convicted and sentenced to death for the 2005 rape and murder of University of Delaware sophomore Lindsey Bonistall in her off-campus apartment.

    The order delaying the execution, which was not made public until Thursday, was signed on Nov. 5 by Superior Court Judge William C. Carpenter Jr., the same judge who last month set the execution date.

    Cooke’s conviction and death sentence were upheld by the Delaware Supreme Court. But attorneys for Cooke are arguing to justices in Washington that Cooke should have been given more time to prepare for trial after he fired his court-appointed attorneys in order to represent himself.

    The Delaware Attorney General’s Office has until Nov. 26 to respond.

    If Cooke fails at the U.S. Supreme Court, he still has appeal options in lower federal courts.

    Bonistall’s family said this month that they are no longer focused on Cooke or the appeals process, but are instead focused on remembering Lindsey.

    http://www.delawareonline.com/story/...ller/18600359/
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  7. #47
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    Quote Originally Posted by Heidi View Post
    Execution delayed for Bonistall killer

    If Cooke fails at the U.S. Supreme Court, he still has appeal options in lower federal courts.

    http://www.delawareonline.com/story/...ller/18600359/
    Like what ? I thought as soon as he was done up the federal side he was ripe for X?

  8. #48
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    In today's orders, the United States Supreme Court declined to review Cooke's petition for certiorari.

    Lower Ct: Supreme Court of Delaware
    Case Nos.: (519, 2012; 526, 2012)
    Decision Date: July 24, 2014
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  9. #49
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    US Supreme Court declines Del. killer's appeal

    By Esteban Parra
    The News Journal

    The U.S. Supreme Court on Monday declined to take a case seeking to overturn convicted killer James E. Cooke Jr.'s conviction and death sentence.

    Cooke was convicted and sentenced to death twice for the May 2005 rape and murder of University of Delaware sophomore Lindsey Bonistall. The first conviction, however, was overturned by a divided Delaware Supreme Court.

    That court upheld Cooke's second conviction but in papers filed with the U.S. Supreme Court in October, attorneys with the Atlantic Center for Capital Representation in Philadelphia argued a state judge should have given Cooke more time to prepare for trial after he fired his court-appointed attorneys and chose to represent himself.

    Attorney Marc Bookman also wrote Cooke needed the time because 11 days before trial he learned of new evidence about a prosecution witness who had lied at the first trial related to a "prior suspect."

    Bookman declined comment on Monday.

    Cooke's execution was scheduled for Dec. 4, but was put on hold. Generally, capital cases are stayed pending resolution of post conviction claims in state court and then the cases usually move to federal court.

    Delaware Superior Court will need to appoint new counsel to proceed with post conviction litigation.

    http://www.delawareonline.com/story/...peal/21645445/

  10. #50
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    On February 5, 2015, Cooke filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/del...5cv00130/56606

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