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Updated 03/01/2010 12:42 PM

Gobert's brother takes stand for the defense

By: Harlan Schmidt

Michael Gobert
Michael Gobert
On the fifth day of Milton Dwayne Gobert's capital murder trial, members of the jury heard phone conversations between Gobert and his brother while Gobert was in jail.

Gobert is accused of murdering 30-year-old Mel Cotton in 2003.

The phone calls took place between 2004 and 2005 and featured Gobert talking at length about his case with his brother.

Gobert told his brother that the murder victim, Mel Cotton, had attacked him with a knife. When talking about Cotton's son who witnessed the attack, Gobert told his brother he thought about the boy with "dry eyes".

Prosecutor Gary Cobb aggressively cross examined Gobert's brother Michael on the stand about the phone conversations.

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"He did ask you and other family members to come to court and lie for you, is that correct?" Cobb asked.

"He did not particularly ask me to lie for him. He did, he just asked me to tell, you know, he told me to say this or this, and I couldn't recollect at the time those things. So I told him I would not say those things because I did not, um those things I did not remember or whatever," Michael Gobert said.

Closing arguments in the trial are expected early next week. If convicted, Gobert could face the death penalty.