SEAN O’SULLIVAN

THE NEWS JOURNAL

WILMINGTON – As expected, a New Castle County Superior Court judge has stayed the Dec. 4 execution date for convicted killer James E. Cooke so that Cooke’s appeal can be considered by the U.S. Supreme Court.

Cooke, 43, was convicted and sentenced to death for the 2005 rape and murder of University of Delaware sophomore Lindsey Bonistall in her off-campus apartment.

The order delaying the execution, which was not made public until Thursday, was signed on Nov. 5 by Superior Court Judge William C. Carpenter Jr., the same judge who last month set the execution date.

Cooke’s conviction and death sentence were upheld by the Delaware Supreme Court. But attorneys for Cooke are arguing to justices in Washington that Cooke should have been given more time to prepare for trial after he fired his court-appointed attorneys in order to represent himself.

The Delaware Attorney General’s Office has until Nov. 26 to respond.

If Cooke fails at the U.S. Supreme Court, he still has appeal options in lower federal courts.

Bonistall’s family said this month that they are no longer focused on Cooke or the appeals process, but are instead focused on remembering Lindsey.

Contact Sean O’Sullivan at (302) 324-2777 or sosullivan@delawareonline.com or on Twitter @SeanGOSullivan