Exclusive: Cox accused of threatening defense counsel in death row case

Caddo’s acting district attorney Dale Cox threatened to cut the throats of counsel representing Eric Mickelson, court documents filed with the Louisiana Supreme Court say.

In the documents, Mickelson’s defense counsel wrote they were within earshot of Cox when they heard the prosecutor tell his co-counsel he wanted to “kill everyone in here.” Mickelson is being re-tried after his previous conviction was overturned.

“I want to cut their (expletive) throats. I’m just being honest and if any of them want to go outside we can do it right now,” Cox is quoted as saying.

Mickelson was found guilty a second time Wednesday for the 2007 murder of Shreveport businessman Charles Martin. The penalty phase of his trial starts today.

According to a transcript attached to the filing, the comments were made while First Judicial District Court Judge Katherine Dorroh, who’s presiding over the case, was out of the room. The jury was in the jury room. Mickelson’s defense counsel wrote they were concerned Cox’s comments were loud enough for the jury to hear.

The Times obtained a copy of the documents, which were filed Tuesday, from the Louisiana Supreme Court.

The defense attorneys argue Cox’s continued prosecution of Mickelson was a “gross departure from the proper judicial proceedings,” violated the state’s recusal rules and violated his state and federal constitutional rights to due process and a fair trial.

When the issue was raised in court, Cox did not deny saying he wanted to “cold-cock” the defense counsel and take the argument outside, the court documents said.

Neither Cox nor Mickelson’s defense attorneys returned calls and messages seeking comment for this story.

Earlier this week, Mickelson and his defense attorneys requested a mistrial because of Cox’s alleged hostility, personal interests and for the possibility the jury overheard the prosecutor’s comments.

His defense attorneys filed a motion with the trial court to rescue Cox and his office from the case. But Dorroh denied the request and implied both sides were to blame for the misconduct, the court documents say.

On Tuesday, Mickelson’s defense counsel — which is comprised of attorneys from the Baton Rouge Capital Conflict Office — filed documents asking the Louisiana Supreme Court to expedite a review of Dorroh’s ruling. They also sought to halt the proceeding.

The Caddo DA’s office responded to their filings, but it was not available at the Louisiana Supreme Court late Wednesday afternoon.

Mickelson’s capital murder trial began Oct. 19. He originally was convicted and sentenced to die in 2011 for Martin’s death. But, the Louisiana Supreme Court overturned the conviction and sentence because of a reversible error.

A new trial was set.

This isn’t the first time he sought to have Cox recused from prosecuting the case, according to court documents. His attorneys previously filed motions to remove Cox based on the prosecutor’s outspoken and “ideologically base zeal for the death penalty.”

Cox is a polarizing figure whose unapologetic support of the death penalty is well documented in The Times and in national news interviews.

According to the documents, Cox told the court he and his family are receiving death threats because of his views on the death penalty.

The threats are so severe the prosecutor said he had to move his family and has ongoing security, the court documents say. In the writ, the defense attorneys wrote Cox openly told the court he holds the defense counsel responsible for the death threats.

Mickelson’s counsel argued a hearing is essential to determine whether Cox is being threatened, the circumstances of the threats and whether the threats impacted Cox’s ability to be impartial.