U.S. District Judge Helen Gillmor has denied a petition by convicted murderer Janice Cockett for release from prison, affirming her April 1995 murder conviction. ’95 murder conviction affirmed
By Debra Barayuga
dbarayuga@starbulletin.comCockett is serving a life term with parole at an Oklahoma prison for the slaying of her husband, Habilitat executive Frank Cockett, who was found in the trunk of a car at Ala Moana Center in 1986 bludgeoned to death.
The Hawaii Supreme Court denied Cockett's appeal of her conviction in February 1997 and again in October 1999. Her attorney presented the case to U.S. District Court in December 1999.
Cockett had contended that her trial and appellate counsel were ineffective in not objecting to hearsay evidence introduced at trial. Ineffective assistance of counsel could have been a basis for a new trial.
In a ruling issued Tuesday, Gillmor rejected the recommendation of U.S. Magistrate Barry Kurren, who had ruled Cockett's due-process rights to confront a witness had been violated.
Gillmor found that neither the trial nor appellate counsel had been ineffective, that Cockett had not presented evidence of her innocence and that she had been given a fair trial.
Gillmor also said Cockett failed to follow proper procedures in raising her claim in the state courts before seeking relief in U.S. District Court.
Cockett's attorney, Michael Green, said he will be appealing the court's ruling to the 9th U.S. Circuit Court of Appeals.