Witness in Cosby Case Is the Killer, Defense Says

Although no witnesses have testified yet, key elements in the Ennis Cosby murder trial continued to pour out as a defense lawyer said Thursday that a major prosecution witness is in fact the real killer and cooperated with police to protect himself from being charged in the case.

Deputy Alternate Public Defender Henry J. Hall also revealed that another key witness in the case was granted immunity from prosecution in return for testifying before the grand jury last year.

The defense attorney said in a court hearing that he has evidence it was not his client, but Eli Zakaria, who killed entertainer Bill Cosby’s 27-year-old son, Ennis, during a failed robbery attempt on a side road off the San Diego Freeway last year. Zakaria and a companion were with Hall’s client, Mikail Markhasev, the night Cosby was killed.

Hall, who is defending Markhasev, 19, against murder and attempted robbery charges that could put him in prison for the rest of his life, said he can point to “specific facts in this case [that] I believe create more than a reasonable doubt as to Eli Zakaria.”

“By his own statements, he was with Mr. Markhasev, went to the same area and was in the same car,” said Hall. “He was arrested on the same day . . . and was released after making statements incriminating Mr. Markhasev. He was involved at the minimum as an accessory,” Hall said, arguing that Zakaria’s involvement gave him motive to point the finger at Markhasev.

The new revelations drive home the increasing importance of physical evidence in the case. If Hall can present a strong argument that Zakaria is as likely a suspect as Markhasev, then such evidence as hair fibers and DNA analysis linking Markhasev to the murder weapon could become the decisive factors in helping the jury to decide who did it.

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Thursday’s developments follow an explosive disclosure earlier this week that the prosecution intends to argue that Markhasev is a member of the notorious prison gang called the Mexican Mafia.

They came during a hearing on a prosecution motion that would have prevented Hall from using his opening statements to the jury to accuse someone other than the defendant without providing some support for the accusation.

Superior Court Judge David D. Perez agreed to let Hall argue that Zakaria may have committed the crime.

Relatives and friends of Cosby filled two rows of the courtroom Thursday. They refused to identify themselves by name and declined to comment. Cosby’s parents, Bill and Camille Cosby, did not attend the hearing.

The jury will begin hearing opening arguments Monday.

The killing occurred on a chilly January morning last year after Cosby, en route to Sherman Oaks to visit a friend shortly before 2 a.m., drove up the Skirball Road/Mulholland Drive exit from the San Diego Freeway to change a flat tire.

Not far away, Zakaria, companion Sara Ann Peters, 22, and Markhasev were at a bank of phones at a nearby park-and-ride lot, trying to call a drug dealer.

Zakaria was making the phone call while Markhasev walked up the road and killed Cosby, Deputy Dist. Atty. Anne Ingalls said Thursday. Zakaria and Peters are in Orange County Jail facing charges of burglary, theft and receiving stolen property in an unrelated case.

After the killing, the three friends drove away, and Markhasev disposed of the gun that day about five miles away, police have said. Acting on a tip from someone seeking a tabloid’s reward offer, police later found the gun, a .38-caliber pistol, with a knit hat.

Zakaria and Peters later were arrested with Markhasev, but were released without being charged. Hall said they agreed to blame Markhasev to avoid prosecution.

Hall said Peters “has less involvement” than Zakaria. He did not elaborate.

A source confirmed that Peters was granted immunity for the grand jury testimony. The source said Zakaria has not been granted any immunity, and he did not testify before the grand jury.

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In responding to Hall on Thursday, Ingalls accused him of trying to “conduct a mini-trial” on Zakaria.

“I’ve heard through the grapevine that they have subpoenaed witnesses on Eli’s other cases. . . . They’re trying to show that Eli’s propensity to commit crimes makes him more than likely to have committed this particular crime,” she said, adding that such an argument would not be permissible.

Yet, Ingalls conceded that, but for Markhasev’s quick action, Zakaria might have helped him commit the crime.

“Yes, he’s present at the scene and more than likely if this hadn’t happened so spontaneously by the defendant, possibly Eli might have joined him [Markhasev],” she said. “The defendant saw an opportunity, and he went for it while Eli was on the phone.”