Judge agrees to seal motion in case of Nia Wilson’s alleged BART killer
OAKLAND — Because the high-profile case of the man accused of killing Nia Wilson on a BART platform has gathered national media attention, a judge has agreed to seal defense arguments as to why charges should be dismissed.
John Lee Cowell, 29, is accused of slashing the throat of the 18-year-old Wilson on July 22, 2018, at the MacArthur BART station platform. He’s also accused of the attempted murder of her sister, Letifah Wilson, who was stabbed. The two sisters were on their way home from a family gathering in Concord and did not know Cowell; police said the attack seemed unprovoked.
Authorities said Cowell slashed Wilson’s throat, then wiped and dumped the weapon in a construction yard near the station.
On Friday, Cowell’s attorney, public defender Christina Moore, asked to seal a future motion to dismiss the case — meaning the details of her reasoning to ask for dismissal won’t be made public. Cowell was indicted by a criminal grand jury in 2018, the records of which are also sealed from the public.
Nia Wilson’s death sparked a nationwide reaction. A young African-American woman allegedly attacked by a white man brought on discussions of it being a racist-fueled hate crime attack. Cowell has not been charged with a hate crime.
Moore argued that if the records were made public, they could taint a jury pool if members of the media got their hands on any references to the grand jury transcripts.
Moore wrote that the case “has already garnered an overwhelming amount of media attention.”
“Such a result would interfere with Mr. Cowell’s ability to obtain a fair and impartial trial, as the potential jury pool would be exposed to inadmissible evidence,” Moore wrote.
Judge Kevin Murphy agreed with Moore, saying in court that there would be a high likelihood that the information “would be splashed into the press.” He granted the motion to seal the motion and any prosecution response to the motion.
Typical motions to dismiss contain defense attorney’s arguments for why the case should be dismissed entirely, or portions of it, such as special circumstances or special allegations. For example, it may contain arguments for insufficient evidence to support the charges or failure for the prosecution to provide evidence to the defense.
The written arguments will be sealed, although both the defense and prosecution will orally make their arguments before a judge in open court.
In addition to murder and attempted murder, Cowell also faces the added special circumstance of lying in wait, which could have made him eligible for the death penalty. The Alameda County District Attorney’s Office announced in August that it would not seek the death penalty in the case. Cowell, however, still faces life in prison without the possibility of parole if convicted.
Cowell was found competent to stand trial in July, after his attorney questioned his competency in December 2018. Court-appointed doctors mentally evaluated him: One found him incompetent, but another could not reach a conclusion. A third doctor found him competent, and a judge agreed that his case should move forward.
Cowell will next appear in court Nov. 22 for the motion to dismiss and to enter a plea. Cowell could still plea “not guilty by reason of insanity,” which means if he is convicted, he could face time in a state mental hospital instead of prison.