BY IRIS B. HOLTON
Sentinel City Editor
James C. Preston, Jr., Prosecutor for the U. S. District Court, Middle District of Florida, announced on Thursday morning that he plans to retry Ms. Cortnee Brantley. Her first trial ended with a deadlocked jury on Wednesday.
Prosecutor Preston said in a press release, “Pursuant to this Court’s inquiry, following the declaration of a mistrial in this case, the United States informs the court of its intent to pursue its prosecution and to retry the defendant at such time as the court deems appropriate.”
The trial of Ms. Brantley, 24, who is linked to the deaths of two Tampa Police officers began on Monday. She was charged because she did not tell police that her passenger was a convicted felon in possession of a firearm during a traffic stop.
The case was given to the jury for deliberation Tuesday evening. Attorney Grady Irvin, her court appointed counsel, did not call any witnesses. A motion to dismiss the case was submitted last month.
However, U. S. District Judge James Moody, Jr., denied the request.
On Wednesday afternoon, jurors notified Judge Moody that they were deadlocked and unable to reach a verdict.
Ms. Brantley was arrested two years ago on a federal charged of concealing information from law enforcement after her companion, Dontae Morris, 26, allegedly shot and killed Tampa Police Officer David Curtis, 31, and Officer Jeff Kocab, also 31, two years ago.
During the early morning hours of June 29, 2010, Officer Curtis stopped Ms. Brantley’s vehicle because the license plate was not visible. Officer Kocab was his backup unit.
Ms. Brantley pulled over to the side of the road on N. 50th Street and E. 23rd Avenue.
Morris was a passenger in the vehicle. Morris is alleged to have shot both officers in the head as they attempted to arrest him on an active warrant for worthless checks.
Attorney Irvin had successfully had the charge dismissed last year. However, federal prosecutors won an appeal.
Last month, Attorney Irvin stated in a brief submitted to the court, “Discovery materials in the murder prosecution(s) of Dontae Morris were released to members of the media. Included with released material was a 38-page transcript of Quinisha McMillian, who is apparently an occasional Morris paramour.
“…McMillan witnessed Morris in possession of a firearm and ammunition on no less than two separate occasions. The first occasion occurred shortly after McMillan saw Morris near a dead body in her apartment complex. While the second occasion occurred shortly after Morris admitted to McMillan that he had killed the person.”
Attorney Irvin further said Ms. Brantley is the target of “emotional and selective prosecution” while there is a lack of prosecution of Ms. McMillan “who possibly could have saved the lives of those officers and two others after she witnessed the first victim, Derek Anderson, laying on the ground dead in the apartment complex where she lived.”
He further stated that in addition to knowing that Morris had recently been released from prison, Ms. McMillan watched him remove spent cartridge shells from his handgun and reload it with fresh bullets.
Attorney Irvin also requested an Evidentiary Hearing based on the newly released information. Judge Moody had not issued a response to either request at press time.
Derek Anderson, 21, was killed on May 18th while at the Kenneth Court Apartment Complex on East Hillsborough Avenue. On May 31st, 41-year-old Rodney Jones was shot and killed as he left a West Tampa nightclub. Harold Wright, 25, was shot and killed on June 8th, in Palm River.
Ms. Brantley was arrested July 3, 2010, on an active warrant the day after Morris surrendered to police, ending a massive nationwide manhunt.
Judge Moody gave Prosecutor James Preston, Jr., until Monday, to determine if he will seek a re-trial.
