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Lawyer seeks The attorney for a woman found guilty of murdering her husband, Habilitat executive Frank Cockett, in 1986, says he will try to have her released on bail now that a federal judge has thrown out her conviction.
bail release for
Janice Cockett
The conviction in the killing
of her husband has been
thrown outStar-Bulletin staff
U.S. Magistrate Barry Kurren, ruling last week that Janice Cockett's constitutional rights to confront her accuser were violated, reversed her conviction.
The state has 90 days to bring her to trial or release her, said her attorney, Michael Green. "Based on a favorable ruling by the court, we will ask that bail be set."
Cockett, who is serving a life term with parole at an Oklahoma prison, is "cautiously optimistic" about the latest developments in her case since numerous attempts to appeal her conviction in the past, including before the Hawaii Supreme Court, have been denied, Green said.
During Cockett's trial, state prosecutors called Billy Makaila, at one time a suspect in the murder, to testify after giving him immunity. The state contended that Cockett hired Makaila to kill her husband.
The state questioned Makaila on specific facts about the murder, but Makaila denied any knowledge, thereby depriving Cockett of the right to cross-examine him, Green said.
Green said he expects the state to appeal.
The state is preparing a response to the court's ruling, said Jim Fulton of the city Prosecutor's Office, which has 10 days to respond. A U.S. District Judge will hear oral arguments on the issues.