No new trial for man convicted of killing student

James Cooke Jr.

July 27, 2012 12:58:13 PM PDT
A man convicted of raping and murdering a University of Delaware student has lost his bid for a new trial.

Forty-one-year-old James Cooke Jr. had argued that a juror's failure to disclose she had seen a domestic violence incident in 2011 meant that Cooke's second conviction for murdering 20-year-old Lindsey Bonistall in 2005 should be thrown out.

The News Journal of Wilmington reports that Superior Court Judge Charles H. Toliver IV, in a ruling made public Wednesday, wrote that the juror's acts did not require a new trial.

Cooke was convicted in April. The jury recommended the death penalty, but the final decision is up to Toliver, who has not set a sentencing date.