Judge drops murder charge against Cobb
From The Daily Union, March 31, 2000:
By DAVID A. COLLINS
Daily Union
Staff Writer
The trial judge dropped a premeditated murder charge against
Artis Cobb when the prosecution rested its case Thursday after 6
1/2 days of testimony.
With the jury outside the courtroom, Salina public defender Mark
Dinkel, one of two attorneys for Cobb, reminded Geary County
District Judge Steven Hornbaker, "the court said in its
pretrial order the evidence of first-degree murder was weak."
Dinkel moved for acquittal on all nine charges against Cobb,
which allege alternative theories of three crimes, including the
murder and rape of Kasey Blount and the murder of her 11-month-old
daughter, Alannah.
Hornbaker said he would later consider dismissing a charge of
rape of a person who is unconscious. He also said he would
consider instructing jurors to consider a second-degree murder
charge in Kasey Blount's death. He said he will make a decision
before the jury retires to deliberate the case.
The remaining charges allege rape, second-degree murder of the
infant or first-degree murder during the commission of a felony.
Cobb could still face a life sentence if convicted.
Dinkel began the defense's case Thursday afternoon, calling to
the witness stand Junction City resident LaTisha Garvin. Looking
directly at attorneys and testifying in a dry voice without
apparent emotion, Garvin said she became engaged to marry Cobb
after he was returned from Florida in 1999 to face Geary County
murder charges.
Garvin said she did not recall hearing of the Blount murders in
1994 but said Cobb recently told her "that he didn't do it."
She said Cobb told her he created a scenario based on information
detectives told him when he confessed to the crimes.
In earlier testimony, Garvin's sister LaKesha Green said Cobb
visited the home where the two sisters lived with their mother in
1994 and told her he had seen something bad. Cobb told
investigators during his videotaped July 26, 1999, statement to
investigators that he had told LaTisha about his role in the
murders.
When County Attorney Chris Biggs asked if she recalled Cobb
visiting her mother's house in late 1994, she looked down and
answered, "yes."
Other defense witnesses included Derrick Douglas, an Ellsworth
Correctional Facility inmate who said he overheard in 1994 Yvette
Nix implicate herself in Blount's death. Biggs asked questions
that would imply Douglas approached investigators with
information in an effort to get help with Kansas charges he was
facing at the time.
Junction City resident Stephan Reese, who appeared in an orange
Geary County Detention Center jump suit, told Dinkel he had been
in Blount's 733 N. Webster St. apartment with Anthony Cassel
around the time of the murders.
Police interrogated Cassel for several hours shortly after the
bodies were discovered, and Cassel indicated he might have been
in the apartment. Police later excluded Cassel as a suspect.
Under a threat of contempt charges, Douglas said Cassel was a
"grasshopper," which he defined as a gang member who
"went from set to set."
Kansas Bureau of Investigation Special Agent Ray Lundin then told
the court Cassel was a member of the Gangster Disciples or Folks
gangs in 1994.
Cobb told investigators in 1997 and 1999 he was forced to rape
and murder Blount as part of a gang initiation or promotion to a
more senior rank within a Fort Riley group called the "Pimps."
Several witnesses have confirmed the group's existence and the
role of an alcoholic beverage called "the blood" in the
group's activities.
Eighth Street resident Diane Johnson said she lived near the
crime scene when Cassel and Vernon Cobbs, who is not related to
the defendant, stormed into her daughter's apartment and demanded
that the daughter provide an alibi. She said Cassel and Cobbs had
boasted of their gang membership while dating her daughter Anna.
Johnson's daughter, Cheryl Zinkin, also of Junction City, told
the jury she, too, recalled the incident, perhaps on the night of
the murder, when Cobbs demanded that her sister say he had been
there all night.
Zinkin said her sister, a Topeka Correctional Facility inmate,
would likely contradict her mother's testimony because of long-standing
tensions between the mother and her daughter.
Defense testimony ended before lunch today and is set to resume
Tuesday. Testimony is scheduled to continue until at least April
8.