Still no trial set for 2003 murder suspect
Another hearing date has come and gone for the man accused of killing Mel Cotton.
Cotton, 30, was stabbed to death on Oct. 8 2003 for trying to help a friend get out of an abusive relationship.
Her 5-year-old son was also stabbed. He survived.
Milton Dewayne Gobert, 35, faces the death penalty for capital murder. His case is hung up on whether a confession he made to police can be used as evidence.
"The judge agreed with the defense that that confession should have been suppressed, because Mr. Gobert requested council and was not given council. The police continued the interrogation even after they were required to stop," appellate defense attorney Karyl Krug said.
Krug said she doesn't expect a resolution any time soon. Gobert's case has been circling through the courts for about the last year and a half.
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"We're just still litigating that preliminary issue of whether or not the confession was taken illegally and should be suppressed or not. That's the only issue going up before the appellate courts now and that what we expect to be litigating for quite a number of months," Krug said.
So far there have been eight hearings, appeals and motions. Two more steps in the process and the case will have been appealed all the way to the U.S. Supreme Court.
Gobert's trial date is still nowhere in sight.
"Right now the case is focused exclusively on the police investigation," Krug said.
Krug said this isn't an unusual timetable for death penalty cases. She calls it "appellate orbit."
"Karla Faye Tucker, I think her case sat at the Court of Criminal Appeals for seven years. Anything can happen. There's no way to accurately guess how long something like this is going to take," Krug said.
State prosecutor Gary Cobb said their case against Gobert will not be over if his confession to police is thrown out. Between DNA, confessions to other people, and the child as a witness, Cobb said they have enough evidence to convict, but they want as much evidence as possible.
Gobert is being held in the Travis County jail without bond.
His next hearing is Dec. 17.