Lafayette Damon Ester Cosby

The Kansas Supreme Court this morning overturned the murder conviction of a man accused in a 2004 fatal shooting.

Lafayette Cosby, then 25, was accused of shooting Robert Martin, 28, at close range April 4, 2004, at a late-night party at Jefferson Commons, an apartment complex at 2511 W. 31st St.

In this morning’s ruling, the Kansas Supreme Court said Cosby’s rights were violated when prosecutors introduced evidence at the 2004 trial that Cosby, under interrogation following shooting, had invoked his Miranda rights to remain silent. Prosecutors are not allowed to imply a defendant is guilty – because he or she invokes Miranda rights and doesn’t attempt to clear his or her name.

“We agree with defendant that the prosecutor committed misconduct with regard to defendant’s invocation of his rights,” Justice Carol Beier wrote in the ruling.

Chief Justice Kay McFarland dissented, saying the error “was harmless under the facts of this case.”

The case was prosecuted by the office of then-Dist. Atty. Christine Kenney; she has since been replaced by Dist. Atty. Charles Branson. Douglas County Judge Jack Murphy oversaw the case. The case will be returned to Douglas County District Court for retrial.

The full opinion can be found at the Kansas Supreme Court Web site.