The fate of the case against 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 remained up in the air this week even though a trial judge was selected and a jury selection date was scheduled.
29-year-old John Lee 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’s trial on Monday was assigned to veteran Alameda County Superior Court Judge Allan Hymer, who was appointed to the bench in 1997 by former Gov. Pete Wilson.
Hymer said the first panel of potential jurors for Cowell’s trial will be brought to court on Jan. 15.
But Hymer also scheduled a hearing for Jan. 13 on a motion filed by Cowell’s attorney Christina Moore asking that his trial be moved out of Alameda County because she doesn’t think he can get a fair trial locally due
to the pervasive publicity his case has received.
In her motion, 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 she said 81.5 percent of the 315 people who said they’re familiar with the allegations against him said they believe he definitely or probably is guilty of murder.
Another twist to Cowell’s case is that Moore said at a hearing on Dec. 20 that she thinks there are new indications that Cowell is mentally incompetent to stand trial.
At a hearing on Dec. 24, Judge James 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.
Roof’s report will be discussed at a hearing in Cramer’s courtroom on Jan. 15, the same day that the first jury panel for Cowell’s trial will be brought to Hymer’s courtroom in the same building.
Cowell’s trial could be suspended if Roof indicates in his report that he thinks Cowell is mentally incompetent.
Cramer previously 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.
Alameda County prosecutor Butch Ford said after the short hearing for Cowell on Monday that the reason the jury panel is being brought to court before all the issues in the case have been resolved is that Cowell invoked his right to a speedy trial, which means that his case must move forward without delays.
Every time I see this guy I feel the same way…SICK
Mentally incompetent is such a farce. The guy gets up in the morning makes his breakfast puts on his cloths walks to BART with a knife and kills someone. Sounds pretty much as screwed up as other killers and competent enough to stand trial for sure.
I usually agree with you, but you’re totally Wrong on this.
This perp already had two restraining orders against him from BART employees (shows BARTs incompetence), and also many childhood friends and family have already commented that the dude is not right in the head.
It won’t be a fair trial because A.) He is Male, and B.) He is White.
But if that makes everyone feel like “justice has been served” in order to ease their conscience…..even though there is still 1000s of others out there just like him with mental issues that aren’t getting the help that they need.
Not exactly right in the head is no excuse. If you are able to function through the day you know right from wrong. Otherwise you would do many obvious mistakes all day. No need to list the things you could do wrong except say walking across the street no matter the color of the stop sign. If you know to only walk across the street on a green light you know right from wrong. As far as him being White, if we are for justice for all then he can be no exception. Millions of people in our country need help. It would be nice if there was help for every abnormality but without you paying for it you won’t get it. We are already paying for people who refused to get educated. We are paying for people who came here illegally. We are already paying for educated scam artists. The list goes on to politicians and beyond.
@ Anon
Lets take your points one at a time: How is BART incompetent? Restraining orders or keep away orders prevent the Asshat from contacting those individuals listed on the restraining order. Were the BART employees listed in the order contacted? It is unlikely the order prevent him for using the entire public transportation system. Even if it did, with an average ridership of 411,000 it is asking a lot of the police to notice one person even an Asshat like him.
Not right in the head. Is that a technical term? Having mental health issues does not absolve him of criminal culpability. I would argue that anyone who commits murder or attempted murder is “not right in the head” but that does not mean they did not understand the nature of their criminal act, OR Did not understand that what they were doing was morally wrong – M’Naghten rule.
So a white males should be criminally invisible? “Olly olly oxen free” all white males in Alameda County can commit crimes with no worry of criminal prosecution. I hardly think a sampling of 470 people out of 1.7 million residents is valid but even if it were, that is what a change of venue is for. Change the venue to a rural county and let us see if he fairs any better.
My conscience is clear by the way and justice will be served. I don’t want to jump to conclusions but one eyewitness/victim survived and BART has CCTV cameras everywhere so I feel pretty confident that Asshat will be rightly convicted and serve his time in a state prison or in state mental health facility (prison).
As to getting the help he and thousands of other need. The Government cannot indefinitely hold someone against their will – Lanterman-Petris-Short Act (W&I Code, sec. 5000 et seq.)
What happens is they get forced into the mental health system. They get put on meds. They get “better” so as not to be a danger to themselves, or others or gravely disabled and they get released. Some will come to believe they don’t like how the meds make them feel and stop taking them. You are now back into the catch and release mental health cycle.
I’ve never understood the insanity defense for murder. What sane person purposefully kills someone? You should be able to claim every murderer, except in wartime or by other means deemed non-criminal, is insane. If the allegations are true (innocent until proven guilty in a court of law) this guy purposefully killed another individual for no legal reason. He should be punished as such.
Wasn’t he sane enough to run?
Take him to the vet and have him put to sleep.
I believe this guy is guilty as charged.
I believe he’ll be found guilty.
I hope he gets the death penalty.
I wish the penalty could be carried out as soon as the verdict is ordered.
Tell that to Gavin…we voted for it and he simply said “too bad”
There is no death penalty in California, as our Governor has zero respect for the people that voted for him.
Our politicians say, “California is leading the nation with this new bill; California is leading the globe with this new bill; California is leading the universe with this new bill”.
California can’t find its own rear end with both hands.
He’s nuts. Send him the the funny farm for life.
He killed in cold blood. What makes you think he will not do it again. Like all other killers he should be fried.
Mentally incompetent-probably. Guilty of murder-absolutely!