The lawyer for a Concord man charged with murder for the fatal stabbing of 18-year-old Nia Wilson at the MacArthur BART station in Oakland in 2018 is asking that his trial be moved out of Alameda County because she doesn’t think he can get a fair trial locally.
In a change of venue motion she filed on Monday, attorney Christina Moore, who represents 29-year-old John Lee Cowell, wrote that “prevalent and persistent news coverage has demonstrably prejudiced potential jurors of Alameda County.”
Moore said 55 percent of respondents in a survey the defense recently conducted of 470 Alameda County residents said they believe Cowell is definitely guilty or probably guilty of murder.
She said those numbers include people who indicated they have no familiarity with Cowell’s case, but 81.5 percent of the 315 people who said they are familiar with the allegations against him said they believe he definitely or probably is guilty of murder.
Moore said nearly 40 percent of those people said “they did not need any additional facts before deciding the issue of guilt.”
Moore wrote, “These shocking numbers demonstrate the pervasive prejudicial effects of the media coverage of this case and the extraordinary circumstances that this coverage have created.”
Cowell is charged with murder and attempted murder for allegedly stabbing Wilson and her sister, 26-year-old Letifah Wilson, on the platform at the MacArthur station at 9:36 p.m. on July 22, 2018.
Cowell also is charged with a special circumstance allegation that he killed Wilson while lying in wait, a charge that would result in life in prison without parole or the death penalty if he’s convicted.
Cowell is white and Wilson was black and many black community members said after she was killed that prosecutors should consider charging Cowell with a hate crime.
But prosecutors never found evidence that would support that enhancement.
Moore wrote, “The pervasiveness of the news coverage and public interest derives, in part, from the speculative perception that this was a racially motivated crime, despite the fact that there is no evidence in support of that perception.”
Moore blamed Oakland Mayor Libby Schaaf and celebrities such as Golden State Warriors star Steph Curry and actresses Anne Hathaway, Reese Witherspoon and Regina King for fueling what she described as “that speculative theory.”
According to Moore, when Schaaf addressed the allegations against Cowell she said, “It may be time to recognize that if there is no explicit racial bias, but there is implicit racial bias, then maybe the proof should shift to the defense.”
Moore said if Schaaf’s proposition were accepted it “would violate the very notions of fairness that the criminal justice system is founded on.”
A hearing on Moore’s change of venue motion is scheduled for Jan. 6, the same day Cowell is scheduled to return to court to have a judge assigned for his trial.
The motion could further delay the long-delayed case against Cowell, who has pleaded not guilty by reason of insanity.
Alameda County Superior Court Judge James Cramer suspended the criminal proceedings against Cowell on Dec. 27, 2018, saying there was “substantial evidence” that he was mentally incompetent to stand trial.
But at a hearing on July 17 Cramer reinstated the criminal proceedings against Cowell, based in part on a new doctor’s report that found that Cowell was competent to stand trial.
At a hearing on Dec. 20 Moore said she thinks there are new indications that Cowell is mentally incompetent to stand trial based on a recommendation by a psychiatrist who had been appointed to evaluate Cowell’s current mental state but couldn’t do so because Cowell refused to meet with the psychiatrist.
At a hearing on Dec. 24 Cramer said Cowell’s trial can proceed but ordered that an additional evaluation be done by psychiatrist Jason Roof of the University of California at Davis.
Cowell’s trial could be suspended again if Roof indicates in his report, which is scheduled to be discussed at a hearing on Jan. 15, that he thinks Cowell is mentally incompetent.
District Attorney spokeswoman Teresa Drenick declined to comment on Moore’s motion for a change of venue.
All the pretrial stories show is how accurate our local news reporters can sometimes be. We’ve seen both arguments in the press; there’s really no need for a formal trial. Our technological age allows us to see all the facts in the media, so perhaps it’s time to eliminate courtrooms and the legal process and just have the people decide guilt or innocence. I’ve seen nothing about the victim attacking the accused, forcing him to defend himself; therefore, he belongs on death row with an execution date in January. The only thing this defense can offer is lame excuses about the mental ability of a piece of dirt. Vicious does not equal mentally deficient.
How about he is the “usual fare evader” that BART let’s in for free everyday to the danger and detriment of all paying passengers. The only reason these two sisters were stabbed was because they couldn’t get off the train quick enough because they were blocked by some inconsiderate B and her stroller that would not let passengers disembark before trying to board with her stroller. One inconsiderate POS passenger boarding at MacArthue caused this creep to have a meltdown. She should be arrested too.
A) He’s not a “suspect”. He fatally stabbed another man.
B) He deserves a fair execution.
Until the person is convicted, he is still a suspect or accused.
People are tired of the to mentally incompetent to stand trial. He was mentally competent enough to flee.
As soon as the surviving sister testifies the jury will be biased.
Try him for the crime. Consider his mental competency during the sentencing phase.
That makes the most sense.
I don’t understand how lawyers who defend killers can sleep at night. But I guess it boils down to money.
It’s So unfortunate this beautiful young woman didn’t get fair chance to live out her life.
End it now!!! Don’t waste our resources turn out the lights!!!!
The sad part about this is BART had a chance to do more about this crazy guy. He had physically attacked two BART station agents and nothing was done. He still rode the system and terrorized people just the same. His own family had a restraining order on him.
Absolutely correct, I looked up the restraining orders against Cowell.
But none of that matters to the Racists here……Cowell did it because he was W h i t e and Wilson was Black Privilege.
Irrespective that Mr. Cowell is deemed mentally incompetent and alleged that his own family had a restraining order on him, a large number of these black-on-white/white-on-black on white are poorly investigated due to fear of being racist. When Burris is brought into the picture, everybody is now walking on eggs!!
Changing venues may help but I doubt it with whole state and country in the toilet!
Rightfully so. Read the Oscar Grant sealed report to see what a shady dishonest organization BART is.
The bottom line is that this guy should not have been released from the institution in the first place.
How about he is the “usual fare evader” that BART let’s in for free everyday to the danger and detriment of all paying passengers. The only reason these two sisters were stabbed was because they couldn’t get off the train quick enough because they were blocked by some inconsiderate B and her stroller that would not let passengers disembark before trying to board with her stroller. One inconsiderate POS passenger boarding at MacArthue caused this creep to have a meltdown. She should be arrested too.