Summary of Offense:
Convicted and sentenced to death in the ambush shooting of Grant Hendrickson, 22, and Michele Cartagena, 19. Cook used a 9mm pistol and an AR-15 assault-style rifle while the couple was sitting in a Honda Civic at Dame's Ferry in the early morning of January 3, 1995, a Henry County trial jury found. Eighteen shell casings were found at the scene.
The Georgia Supreme Court has reinstated the death sentence for Andrew Allen Cook who was convicted in the shooting deaths of two Mercer University students at Lake Juliette in 1995.
In a 33-page opinion released today after the court examined each of the trial counsel's pruported deficiancies, Justice Hugh Thompson authored the unanimous ruling.
"We conclude, considering the combined effect of those deficiencies, that they did not in reasonable probability affect the outcome of either phase of Cook's trial," the ruling states.
In 2002, a lower court overturned Cook's death sentence in the ambush shooting of Grant Hendrickson, 22, and Michele Cartagena, 19.
Cook used a 9mm pistol and an AR-15 assault-style rifle while the couple was sitting in a Honda Civic at Dame's Ferry in the early morning of Jan. 3, 1995, a Henry County trial jury found. Eighteen shell casings were found at the scene.
Cook later confessed to his father, an FBI agent, whose statement was used by prosecutors in the trial.
The lower court found that Cook's court-appointed defense attorney, Kevin A. Wangerin, failed to present evidence of mental illness that might have spared Cook from the death sentence.
In February at the Georgia Supreme Court, assistant Attorney General Beth Attaway Burton argued that the lower court incorrectly applied the standard of defense competence. She said allowing the jury to hear testimony on Cook's mental state would likely have hurt the defense.
Attorney Thomas Howard Dunn, representing Cook's appeal, said several psychiatrists found that Cook suffered from major depression and suicidal tendencies, beginning at age 9, and he said Wangerin failed to ensure the psychiatric experts who evaluated Cook were aware of this.
In today's ruling the Supreme Court concluded Cook's lawyer made a strategic decision not to offer mental health evidence because it would have hurt his case.
"In light of the negative evidence contained within the mental health records concerning Cook's criminal history and the experts' conclusions regarding malingering and manipulation by Cook, we conclude, as a matter of law, that counsel's strategic choice to forgo the presentation of mental health evidence was not unreasonable based on the information they actually obtained," the opinion states.
The Supreme Court has also rejected the lower court's conclusion that trial counsel failed to adequately prepare Cook's father for his testimony. Cook's father "gave moving testimony," the opinion states.
http://www.macon.com/532/story/391704.html
Subsequent to the March 18, 2010 denial of Cook's habeas petition, he was also denied a Certificate of Appealability in Federal District Court on August 26, 2010.
http://dockets.justia.com/docket/geo...cv00025/75847/
When will andrew cook be executed? Any updates on his case?
Cook should be nearing the end of his appeals. The next step, if he hasn't already, is to file an appeal in the 11th Circuit Court of Appeals.Originally Posted by sickened
ANDREW ALLEN COOK versus WARDEN, GEORGIA DIAGNOSTIC PRISON
Docket: 10-13334 Opinion Date: April 20, 2012
Judge: Per curiam
Court: 11th Circuit Court of Appeals
Petitioner, Andrew Allen Cook was convicted of two counts of malice murder and two counts of felony murder, was sentenced to death and subsequently appealed the district court's denial of his habeas corpus petition. Petitioner was granted a certificate of appealability on three issues: (1) whether petitioner's trial counsel failed to conduct an adequate investigation and presentation of mitigation evidence during the penalty phase of the trial; (2) whether trial counsel failed to prepare adequately petitioner's father to testify during the penalty phase; and (3) whether the trial court improperly admitted inculpatory statements petitioner made to his father. Given the record and Supreme Court precedent, Georgia's high court decision on the issues was reasonable. Therefore, the court affirmed the district court's order denying the habeas petition.
A uniformed opponent is a dangerous opponent.
That means he's out of options and should be on the calendar soon right ?
That means he has a last appeal before SCOTUS. Once denied by the Supreme Court an execution date would probably be set within a month.
A uniformed opponent is a dangerous opponent.
Cook essentially has around 10-12 months to live. Cert petitions to the US Supreme Court take awhile. Usually takes around 1 month for the Court of Appeals to deny a 'rehearing'. On the day that happens, Cook has 90 days to file his petition for review to the SCOTUS. Extensions of up to two months are nearly always granted. After that the state has up to about 30 days to reply. It's a little while before cert petitions get ruled upon.
Any updates since this one in April?? Anyone know whats going on?
There are currently 1 users browsing this thread. (0 members and 1 guests)
Posting Permissions
Reply With Quote