Patterico's Pontifications

2/25/2010

The Trials of Milton Dwayne Gobert

Filed under: Crime — DRJ @ 8:47 pm



[Guest post by DRJ]

There is news outside Washington, D.C., such as the capital murder trial of Milton Dwayne Gobert in Austin, Texas:

“Gobert is accused of stabbing his ex-girlfriend’s friend, 30-year-old Mel Cotton, to death while attempting to rob and kidnap her.

Cotton’s son, who was 5 years old at the time, witnessed his mother’s murder. He was also stabbed during the attack. The boy survived, and now at 11 years old, is expected to testify sometime later this week.”

Cotton’s son Demetrius testified yesterday in chilling detail, and today the medical examiner testified Cotton suffered 107 stab wounds to her “ear, head, chin, chest, arms and elsewhere. She had 38 on her left upper chest.”

After the medical examiner’s testimony and outside the presence of the jury, Gobert complained today that his leg brace is uncomfortable:

“Gobert raised the complaint during a break in testimony, shortly after medical examiner Elizabeth Peacock told the jury that Mel Cotton, whom Gobet is accused of killing, had suffered 107 stabbing and cutting wounds.

While the jury was out of the room, Gobert spoke directly to Judge Bob Perkins about the leg brace that goes up his left leg and is designed to lock if he tries to run to limit his ability to move.

“I am here all day and my leg goes to sleep,” he said.

Gobert is wearing the leg brace, which goes up past his knee on one leg, under a pair of black pants. During jury trials, sheriff’s officers use the braces instead of chains that hold inmates legs together so defendants are not unfairly prejudiced by appearing to be in custody. Gobert said earlier in the trial he was wearing an anklet that was more comfortable.

That anklet, a sheriff’s security officer told Perkins, is designed to shock an inmate if they try to run, similar to a Taser. It was being used on a test basis and is not readily available, he said.”

The Judge denied Gobert’s request.

— DRJ

48 Responses to “The Trials of Milton Dwayne Gobert”

  1. Remove the thing – dont give this ass a retrial

    EricPWJohnson (43d798)

  2. Gobert should have had decafe six years ago.

    daleyrocks (718861)

  3. Did Breitbart get indicted today?

    JD (b537f4)

  4. I will buy the city of Austin an anklet to use for this guy, on the condition that I get a duplicate remote for the device, and am allowed to use it whenever I wish.

    Scott Jacobs (b8ed12)

  5. Kind of like a bark collar for a dog?

    JD (b537f4)

  6. JD – Maybe that little racist turd O’Keefe did. Isn’t it about time for him to be charged?

    daleyrocks (718861)

  7. the poor dear…. i say take the braces off and give him a nice belt…..

    one with a det cord center, say about 8-10 feet worth, that wraps all the way around his waist, and a proximity trigger that detonates if he gets more than 10 feet from the guard. make the outside of the belt Kevlar, to reflect the force back into his body to protect bystanders….

    “Cleanup on Aisle 4….”

    redc1c4 (fb8750)

  8. He’s not convicted yet. I realize he’s guilty, but he’s not convicted yet.

    He should have the option of this kind of effort to make him look like some shmo off the street in a suit, or he should have the option of normal ankle restrains and chains. I don’t think he has a right to ask for experimental stuff like the taser cuff, but they could chain him and give him a table that hides his legs.

    I think that would be a little cheaper. Dude stabs kids and I don’t care about his comfort, but that’s a different issue.

    Dustin (b54cdc)

  9. I don’t know, Dustin… I care deeply about his comfort…

    Specifically, his not having any at all, ever again.

    Scott Jacobs (b8ed12)

  10. Well, even Travis County juries tend to know how to deal with people like Milton, Scott.

    He’ll drag it out as long as he can, probably try to demonize the kid who saw his mom die (and got stabbed). Then he’ll rot in prison for the rest of his life and he’ll burn in hell forever.

    I say I don’t care about his comfort, when really, I am annoyed that scumbags get all kinds of measures to ensure they have a fair trial… all the way to wearing beautiful suits and hidden restraints, and then they always complain. This guy probably isn’t paying for his lawyer and will later complain that lawyer was ineffective. It’s just another attempt to cheat and steal.

    I would rather pretend it doesn’t phase me.

    Dustin (b54cdc)

  11. I won’t prejudge his guilt but his timing is definitely off. It’s not that bright to complain about being uncomfortable right after testimony that the decedent had 107 stab wounds.

    DRJ (6a8003)

  12. Dustin: my only concern is to make sure he doesn’t get away or endanger anyone else if he tries to escape….

    redc1c4 (fb8750)

  13. The timing is pretty insane. Not only for what DRJ points out, which shows some real gall, but also because the child was 5 when stabbed and he’s 11 today. That’s too long.

    “The defense is hoping to argue that Gobert is not guilty of capital murder because he did not commit the felony of robbery, attempted robbery or kidnapping, while in the process of murdering Mel Cotton. ” -DRJ’s first link.

    So when I say he’s not convicted yet, that’s really not super relevant. He’s not claiming innocence while asking for comfort.

    Dustin (b54cdc)

  14. The Constitution says the guy is presumed innocent still; I’ll give him the benefit of that unless and until the jury and judge say otherwise. If he’s not guilty but genuinely in physical distress from the brace, he would not see any particular inappropriateness or lack of tact from saying so: the horrific acts just described during testimony, under that world-view, were someone else’s, so why should he shut up and bear the discomfort of the brace throughout the break in the proceedings?

    Of course, many genuinely guilty defendants find ways to mentally and emotionally disassociate themselves from their deeds — rationalization on steroids and speed. To them, it also wouldn’t seem particularly tactless, for the same reason.

    Defendants literally on trial for their lives cope with that one way or another, in either better or less well-adjusted ways. It may be that the biggest emotion Gobert felt all day had to do with the brace, or with irritation at the length of a delay waiting for an elevator, or something else that seems to us, as outsiders, to be trivial compared to the stakes of the trial. But real people don’t act like TV and movie actors just because they’re in dramatic situations; they continue to act like real people, for the most part.

    Sometimes they pick their noses on national TV, too.

    Beldar (cd065f)

  15. JD

    🙂

    I forgot we are supposed to get permission from JD

    🙂

    He’s the one with the learning 🙂

    EricPWJohnson (43d798)

  16. If his defense theory really is that he’s merely guilty of straight murder and not a capital felony, then I think that should color how the judge responds to his requests. In some austere way (and I’m glad it’s on Beldar and other professionals and not me to deal with this), it’s still important not to prejudice the jury.

    but let’s be realistic. How can a chain on his leg prejudice a jury when he’s saying he stabbed a lady and her kid? How dare he ask for a more comfortable setup at the people’s expense when he’s already cost the people so much and caused so much suffering?

    Beldar and DRJ and nk and probably Patterico will recognize that the constitution says we treat him as innocent until he’s actually convicted, but still, how dare he [shakes finger]? And why should our constitution require this?

    [note: released from moderation. –Stashiu]

    Dustin (b54cdc)

  17. epwj makes a good point too, though. It’s better for everyone if anything he can appeal is remedied now.

    Dustin (b54cdc)

  18. JD

    BTW Landrieu is not dropping the matter

    http://www.nola.com/politics/index.ssf/2010/02/mary_landrieu_phone_tampering.html

    What I’ve heard is two are turning against okeefe and are bargaining for reduced sentences

    EricPWJohnson (43d798)

  19. epwj, not that I really want to get back into this, but the link you posted shows you were jumping the gun to say these people would go to jail or Breitbart would be indicted.

    Landrieu commented at some point, but probably not in relation to anything breaking in that story, that O’Keefe should save his excuses for a judge. That’s it? Otherwise, it looks like these people are going to get a slap on the wrist plea bargain, right? That’s the thesis of the link you posted, anyway. I hope they learned their lesson and plan things out better in the future. O’Keefe has a long career ahead of him.

    Dustin (b54cdc)

  20. Dog shock collars don’t work on all dogs. My daughter had a Pitt. They don’t work on them. Invisible fence is worthless for Pitts. Shock anklets will likewise be worthless on certain people.

    Heck, I’m effectively immune to some things that bother other people. I worked in a print shop, using water-based ink, which is a misnomer since it’s ammonia-based. To clean the plates and rollers, it took industrial-strength ammonia which you cannot buy at your local CostCo. Get an eye-itch? Scratch it with that ammonia on your finger and get used to the tingle. Play with jalapenos and jalapeno juice and scratch your eye and get a soothing cool sensation. Nothing painful at all.

    John Hitchcock (a656f4)

  21. dustin

    Neither do I 🙂

    However JD seems to think its relevant 🙂

    EricPWJohnson (43d798)

  22. dustin

    A Career? no, I dont think James has a career – the child sex slave trafficer thingy turns 98% of republicans off

    regardless of what they achieved..

    EricPWJohnson (43d798)

  23. And some people seem to think EPWJ is relevant for reasons I cannot fathom.

    John Hitchcock (a656f4)

  24. He could have a career, he’s got the motivation

    EricPWJohnson (43d798)

  25. Ahhh

    John

    Always with a quip and a tuck 🙂

    EricPWJohnson (43d798)

  26. 2% of Republicans is still over a million people. It’s enough to build a long lasting career on.

    In this era, even Alex Jones and Joseph Farah and more aptly, Michael Moore can eke out a career. Fact is, O’Keefe has already bagged 2 pretty powerful stories (Planned Parenthood and ACORN). He’s probably going to screw up in the future, and he’s going to get some more powerful stories out there. So far, I am cool with his conduct. He can’t walk into ACORN and ask them, as a journalist, if they would help a pimp’s pro import sex slaves and get a mortgage.

    I don’t really have a firm grasp on the Landrieu story, to be honest. I’m waiting for the video.

    Dustin (b54cdc)

  27. Of course you’re cool with his conduct, Dustin. He is on your side of the aisle.

    Intelliology (00d844)

  28. dustin

    It may go down as a misdemeanor, who knows – enogh noise has been made about it

    However – that was my advie to Andrew when it was in the obvious judgement call phase at the US Attorneys office – might not have been the best time to charge them with corruption – or whatever

    I really need to get approval on this from JD first 🙂

    EricPWJohnson (43d798)

  29. Let’s just drop it for the time being.

    We’ve got Milton Dwayne Gobert to thank for showing us what constitutes an actual villaie.

    Dustin (b54cdc)

  30. intell, can you even name a single conservative I have interacted with without disagreeing with?

    You’re the truther troll, right? So I guess you think the right is in a vast conspiracy. In reality, I don’t think O’Keefe and I are very similar politically.

    Dustin (b54cdc)

  31. This is an example of how we tend to use gimmicks just because we have them. If the legbrace were not available, the judge would have made a determination of the defendan’t dangerousness and decided whether there should be no shackles, an extra deputy in the courtroom, or shackles notwithstanding potential prejudice. It’s the age of Hiphaistos.

    nk (db4a41)

  32. Hey, don’t put Milton in any restraint at all. Just have a platoon of citizens outside the court house with semi-automatic shotguns. Give the citizens immunity to shoot to kill the fleeing Milton and his lawyer. End of complaints.

    PCD (1d8b6d)

  33. if he gets more than 10 feet from the guard. make the outside of the belt Kevlar, to reflect the force back into his body to protect bystanders….

    “Cleanup on Aisle 4….”

    Comment by redc1c4 — 2/25/2010 @ 10:10 pm

    Bailiff casually steps 12 feet away to confer with another bailiff.

    BOOM!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

    Bailiff in his best Steve Urkel voice, “Ooooh, did I do that?”

    peedoffamerican (2478c9)

  34. It doesn’t really work that way, you guys.

    Defense attorneys are the ones who really control their clients in court, if the client is sane. Please read what Beldar wrote above.

    nk (db4a41)

  35. When there is law, the guns are silent.

    nk (db4a41)

  36. When there are guns the criminals get dead.

    peedoffamerican (2478c9)

  37. Well, no, actually. There are a lot more dead victims than dead criminals. Normal people work, criminals practice criminality.

    We do have speciallists whose work is to defend against criminals. The collective word is “law”.

    nk (db4a41)

  38. No the courts have ruled that the law does not have to defend us against crime. The law’s job is to investigate after the crime has happened, and to respond to complaint’s of citizens reports of crime in process. In most cases, the law arrives after the fact. I know, I have been a police officer in Dallas, Tx. Most cases, we arrived after the crime had been committed and the perp had fled, thus our investigative job then began.

    The law will not and cannot protect you. Only you can protect yourself from the animals that the supposed holy courts of law keep turning loose to again prey on the public.

    peedoffamerican (2478c9)

  39. See these cases:

    SCOTUS CASTLE ROCK V. GONZALES

    (1) Richard W. Stevens. 1999. Dial 911 and Die. Hartford, Wisconsin: Mazel Freedom Press.
    (2) Barillari v. City of Milwaukee, 533 N.W.2d 759 (Wis. 1995).
    (3) Bowers v. DeVito, 686 F.2d 616 (7th Cir. 1982).
    (4) DeShaney v. Winnebago County Department of Social Services, 489 U.S. 189 (1989).
    (5) Ford v. Town of Grafton, 693 N.E.2d 1047 (Mass. App. 1998).
    (6) Warren v. District of Columbia, 444 A.2d 1 (D.C. 1981).
    “…a government and its agencies are under no general duty to provide public services, such as police protection, to any particular individual citizen…” -Warren v. District of Columbia, 444 A.2d 1 (D.C. App. 1981)

    (7) “What makes the City’s position particularly difficult to understand is that, in conformity to the dictates of the law, Linda did not carry any weapon for self-defense. Thus by a rather bitter irony she was required to rely for protection on the City of NY which now denies all responsibility to her.”
    Riss v. New York, 22 N.Y.2d 579,293 N.Y.S.2d 897, 240 N.E.2d 806 (1958).

    (8) “Law enforcement agencies and personnel have no duty to protect individuals from the criminal acts of others; instead their duty is to preserve the peace and arrest law breakers for the protection of the general public.”
    Lynch v. N.C. Dept. of Justice, 376 S.E. 2nd 247 (N.C. App. 1989)

    peedoffamerican (2478c9)

  40. nk, cops only write reports. I would like to see you in a time freeze as you are being assaulted or shot by a criminal. I would want to know if you want assistance from an armed citizen or do you want to wait until the cops and coronor arrive?

    PCD (1d8b6d)

  41. “Gobert is accused of stabbing his ex-girlfriend’s friend, 30-year-old Mel Cotton,…”

    You know what’s weird? There’s a long-time sporting goods store in this area with that name.

    [note: fished from spam filter. –Stashiu]

    Blacque Jacques Shellacque (5ef35b)

  42. Many criminal clients would not be criminal clients if they were sane.

    Traditionally, they suffer from ‘poor impulse control’ and a lack of restraint. They get a hair in their heads that they could somehow suddenly run away and escape. We all know they’d eventually get caught, but someone of them make it out the door, out the hall, and even out the building.

    luagha (5cbe06)

  43. Well, I’m sorry we don’t live in the world of “Minority Report”. The fact that the law cannot preemptively protect you from crimes that haven’t been committed yet doesn’t make it incompetent; it’s a deterrent. A legitimate deterrent, with the full force of the Social Compact behind it. I’ll take that over the State of Nature any day.

    Leviticus (f0f166)

  44. I once had a somewhat similar case. A woman came in with about 40 stab wounds. She had a circle on her left chest over her heart of about 20 wounds and then the rest were scattered in her neck and abdomen. When I got through with her, she had an incision from her left ear to her pubis. She survived and did well except for an infection in her median sternotomy that took a while to heal.

    Then, for reasons I still don’t understand, I had to testify against the stabber. The story was he was a black Muslim enforcer who got to liking killing people so much, he killed a few they didn’t want killed. The woman was a witness and the other people she had been with were all dead.

    Anyway, he was the meanest looking dude I’ve run across and he sat there staring at me as I described her injuries. I didn’t sleep too well for a week or two after that one.

    I think 100 stab wounds are probably enough but 40 didn’t do the job on that woman. She had a couple into her heart but it was a thin blade.

    Mike K (2cf494)

  45. “Gobert is accused of stabbing his ex-girlfriend’s friend, 30-year-old Mel Cotton,…”

    Weird. There’s a long-time sporting good store in this area with that name.

    Blacque Jacques Shellacque (5ef35b)

  46. There’s this guy in the neighborhood who walks around with a Zato Ichi sword cane. Kind of funny, actually. I like being more low-profile. http://krites.blogspot.com/2010/01/what-we-carry.html

    nk (db4a41)

  47. My Prayers, and Heart goes out to Cotton’s Son and Family! Her son is so Brave, I just Pray that he doesn’t give up on life and continue fighting for justice not only for his mother but for everyone who has or will be in a situation like this!! We don’t know WHY, but Please Stay Strong My Brother…GOD WILL SEE YOU THROUGH!

    1goodwoman (aef3cd)

  48. […] recent post titled “A Question for Opponents of Capital Punishment.” As noted in this February post, Gobert was on trial for capital murder in an Austin, Texas, courtroom: “Gobert is accused of […]

    Patterico's Pontifications » Another Question for Opponents of Capital Punishment (e4ab32)


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