Federal prosecutors have filed a response asking the court to keep the co-defendants together during trial.
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“Each count of the indictment arises from the same set of factual circumstances discussed with respect to the conspiracy charge and will require substantial overlapping proof,” the prosecutor’s response says. “Further, the interconnectedness of the charges clearly appears on the face of the indictment.”
Del Rio was shot in the face during a drug raid at a home on Ruskin Road in November. All three men could face the death penalty if convicted, however, in the motion filed by defense attorney Dennis Lieberman, he says it is believed that Goddard will be the only defendant who will face the possibility of the harshest penalty.
Goddard is accused of pulling the trigger and shooting Del Rio.
“If there is a trial in which all three defendants participate, and only defendant Goddard is charged with death, then defendant Cortner will be severely prejudiced,” the motion says.
U.S. prosecutors said in their response that they haven’t made any decisions about who will or will not face the death penalty in the case.
The motion says Cortner’s right to a speedy trial would be infringed because he will have to wait a long period of time to try his case because death penalty cases move slower through the justice system. Prosecutors rebutted by saying that the case has already been deemed complex by the judge, meaning both sides need an extended period of time to prepare for trial.
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The defense motion also argues that the jury itself wouldn’t be ideal for Cortner.
“In death cases, a defense team’s primary concern is a jury that can accept mitigation,” the motion says. “An attorney representing defendant Cortner will be primarily concerned about a jury that can listen to arguments relating to culpability. The two theories sometimes choose the same juror but oftentimes conflict. The Government will be focused on finding jurors that can accept death. Such jurors are often more likely to convict which will impact Mr. Cortner.”
Prosecutors disagreed, saying courts have held that defendant’s rights are not violated by having their case heard in front of a death penalty qualified jury.
There was no timeline presented for when a decision will be made.
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