Kirkland Trial Day 9: Murder Investigation Continues

WOBURN, Mass—Both sides in the Kirkland shooting trial agreed in court yesterday not to bring up a conversation that allegedly took place between co-defendants Jabrai Jordan Copney and Blayn Jiggetts while the two were being transported from the courthouse to jail Tuesday afternoon.

The murder trial for Copney, who allegedly shot Cambridge resident Justin Cosby in the basement of Kirkland’s J-entryway on May 18, 2009, was suspended Wednesday afternoon so that Copney’s attorney John A. Amabile could investigate the alleged conversation that took place in the transport van.

Associate Justice John T. Lu asked the jury not to return until Friday morning.

In yesterday’s hearing, which was also attended by District Attorney Gerard T. Leone Jr. ’85, Amabile began to call to the stand all available parties related to the alleged conversation, including several guards and an inmate who was also in the van.

But when court resumed after a recess yesterday, the Assistant District Attorney Daniel J. Bennett ’85 and Amabile both agreed to leave the van conversation out of the trial.

Amabile then requested the release of the pending witnesses who were about to be called to testify about the van situation.

Copney had informed Amabile on Wednesday that such an exchange took place because he and Jiggetts were placed in close proximity while they were loaded into the sectioned van on Tuesday.

Yesterday’s testimonies revealed little detail about who exactly was the responsible party for placing the two inmates next to each other. None of the witnesses could provide details about the contents of the conversation that allegedly took place.

According to an indiviudal familiar with the case, Copney said he confronted Jiggetts about Jiggetts’ testimony, which Copney believed to be false. Jiggetts allegedly told Copney in the van that he would continue to tell his version of the story.

In a 47-minute interview conducted by Mass. State Trooper Christopher Donahue on Wednesday, Jiggetts gave a different account.

Amabile said in court on Wednesday that the conversation in the van could provide grounds for a mistrial if the prosecution introduced the incident as evidence in the trial.

In September 2010, Jiggetts, who was originally charged with first-degree murder like Copney, pleaded guilty to the lesser charge of manslaughter after making an arrangement with the District Attorney’s office to testify in Copney’s trial.

In return, Jiggetts was promised a 9 to 12 year sentence. He began his testimony on Tuesday.

The trial will resume today with the continuation of Jiggetts’ testimony.

—Staff writer Julie M. Zauzmer contributed to the reporting of this story.

—Staff writer Xi Yu can be reached at xyu@college.harvard.edu.