Attorneys file motions for separate trials for Garrett and Cook

By WKTV News

UTICA, N.Y. (WKTV) Two men charged with a May, 2011, murder in Utica were in Oneida County Court on Tuesday.

Octavious Garrett and Dominique Cook are charged in the shooting death of Anthony Garrett on James Street. Their attorneys have made motions to sever their trials. A judge denied the motion for now, but said he would revisit it as the trial date draws closer. Garrett's attorney explains why he feels a separate trial would be most fair to his client.

"I think that there is some evidence that is particular to Mr. Cook that if heard by my jury so to speak might be potentially damaging and sway them in a direction that they shouldn't be swayed," says Defense Attorney Christopher Pelli.

The judge says he has three options in this case: a joint trial with a single jury; a single trial, with two juries; and two separate trials. Defense Attorney Pelli says he has a fourth option if he is not satisfied with the option the court provides. He may ask for a bench trial, in which case the judge, not a jury, will hear the case and render a verdict.

Garrett and Cook are due back in Oneida County Court October 31st.

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