Cosby Suspect’s Lawyer Seeks More Evidence

The case against the accused killer of Ennis Cosby relies on a number of potential witnesses who not only have criminal records but were on probation or parole at the time they cooperated with authorities, an attorney for the defendant said in court papers obtained Thursday.

In a motion that seeks an array of evidence not yet turned over by Los Angeles police and prosecutors, attorneys for Mikail “Michael” Markhasev, 18, also contend that names and other identifying information about witnesses have been deleted in documents provided by law enforcement authorities.

The court papers filed by Deputy Alternate Public Defenders Henry Hall and Harriet Hawkins represent the first public indication that there may be weaknesses in the backgrounds of prosecution witnesses linking Markhasev to the Jan. 16 slaying of entertainer Bill Cosby’s son.

And in a declaration filed to justify the receipt of more evidence from authorities, Hall suggested that the backgrounds of potential witnesses in the case are important in his preparation of Markhasev’s defense. The fact that potential witnesses were on probation or parole when they cooperated with police and prosecutors, Hall wrote, “provides incentive for potential witnesses to fabricate information against the defendant in return for favorable treatment by authorities.”

Both Hall and the district attorney’s office declined to comment on the motion, citing a gag order in the case. But during a brief appearance before Santa Monica Superior Court Judge David D. Perez Jr., Markhasev’s lawyers and Deputy Dist. Atty. Anne Ingalls said they will attempt to resolve the request for more evidence to be turned over to the defense before the next court date, scheduled for Aug. 4.

Markhasev was arrested March 12 and later indicted by the Los Angeles County Grand Jury on charges that he shot and killed Cosby, 27, in the Sepulveda Pass. The body of Cosby, who had stopped his Mercedes-Benz to change a tire, was found next to the car in what police described as a bungled robbery. Markhasev, if convicted, faces up to life in prison.

Although there have been many news accounts about evidence in the highly publicized case, the reports to date have almost exclusively relied on unidentified sources rather than official documents because of a gag order and a court-ordered seal on all but the most inconsequential of records.

But as the prosecution of Markhasev moved Thursday from the downtown criminal courts to Santa Monica, Markhasev’s attorneys filed papers seeking 17 items from the Los Angeles Police Department and district attorney’s office. The papers, which were not sealed by the court, seek the following:

* The criminal records and probation or parole status of all potential witnesses, including police informants.

* A statement of “promises” or other consideration made to informants in exchange for their cooperation in the case.

* Copies of all audio and video tapes of witnesses interviewed in the case.

* Records of any statement attributed to Markhasev.

* All physical evidence, including the alleged weapon used to kill Cosby and all the clothing allegedly worn by Markhasev--and any others with him--at the time of the slaying.

In his three-page declaration, defense counsel Hall offered a broad outline of what evidence has been shared with Markhasev’s attorneys and what items have not been provided.

Hall noted that while the district attorney’s office has provided “numerous and voluminous” police and other reports in the case, many of those have had the names, addresses and other identifying information of potential witnesses deleted. In some reports, he said, the “substance” of witness statements also has been deleted.

As a result, Hall said in his declaration, “it is impossible to properly investigate the allegations against the defendant unless I am provided with the identifying information related to the witnesses in this case.”

And that is particularly important, Hall wrote, because his review of the case suggests that it will be necessary to investigate the character of various witnesses.

Although Hall does not mention the witnesses by name, sources have previously disclosed that authorities have allegedly linked Markhasev to Cosby’s slaying by virtue of two sets of witnesses--one pair of friends who say they were with him the night of the shooting and two other associates of Markhasev who say he asked them to help recover the purported murder weapon.

In addition, authorities have interviewed jailhouse informants who say they have exchanged notes with Markhasev that tie him to the crime.

But in his declaration, Hall said his review of grand jury transcripts and other evidence shows that “many” of the potential witnesses have criminal records, including felonies, and misdemeanor conduct or juvenile offenses that demonstrate “moral turpitude.”