OAKLAND — The man accused of killing Nia Wilson at an Oakland BART station in July, who could face the death penalty, has not yet entered a plea.
John Lee Cowell, 27, appeared in the Alameda County Superior Court on Friday at the Rene C. Davidson Courthouse. Dressed in red jail clothes, but barely visible on the far right corner of the the packed courtroom of Judge James Cramer, Cowell is not ready to enter a plea yet, said defense attorney Christina Moore.
Public Defender Brendon Woods, who was present for Cowell’s hearing, said outside the courtroom that his office is still waiting on discovery, or evidence, from the prosecution. He said they are “still disappointed” on the prosecution’s filing of the special circumstances of murder while lying in wait — a charge that could qualify Cowell for the death penalty.
The Alameda County District Attorney’s Office will not decide whether to seek the death penalty until after the preliminary hearing, when a judge will decide if there is enough evidence to hold Cowell to answer to his charges.
Cowell, a Concord resident, was arrested on suspicion of murdering Wilson, 18, who was stabbed in the neck at the MacArthur BART platform in Oakland on July 22 at 9:38 p.m. She and her two sisters, one of whom was critically injured, were waiting for the next Warm Springs-bound train. He is also charged with the attempted murder of Wilson’s sister and use of a deadly weapon, a knife, which was said to be used in both attacks.
His case was continued to Oct. 26, at which time he could enter a plea.
At least a dozen of Wilson’s family members and supporters, some wearing her photo on lanyards around their necks, showed up at Friday morning’s hearing, including her sister and father. They made no comment as they left the courtroom.
Alameda County District Attorney Nancy O’Malley has sought the death penalty for only two other cases since becoming top prosecutor in 2009. The most recent case of Mark Estrada, who is accused of killing Hayward police Sgt. Scott Lunger in 2015, is awaiting trial.