Txexecutions.org

Marcus Bridger Cotton, 29, was executed by lethal injection on 3 March 2004 in Huntsville, Texas for the robbery and murder of a 27-year-old man.

On 18 September 1996, Cotton, then 21, and Lawrence Watson were riding bicycles through a Houston parking lot. They were both armed with pistols. They spotted two men, Sean Caruthers and Gil Epstein, walking toward their cars. Watson first approached Caruthers, put his .38-caliber pistol to his head, and robbed him of his cash. Caruthers then drove off to call the police.

Meanwhile, Cotton pulled his 380 pistol on Epstein and demanded money from him. Epstein told Cotton that he had no money, but he did have an expensive snow board in his car. Cotton then put Epstein into the back seat of his car and began going through his wallet and glove compartment.

After he called the police, Caruthers returned to the parking lot. There, he saw Cotton in the front seat of Epstein's car, and Watson sitting on his bicycle. In an effort to ward off the robbers, Caruthers began honking his car horn and flashing his headlights. Watson then aimed his pistol at Caruthers, but did not fire. Cotton shot Epstein twice in the head. Next, Cotton got on his bicycle and began riding towards Caruthers. Caruthers drove his car into Cotton and knocked him down. He managed to escape on foot. Watson also escaped.

At his trial, Cotton claimed he was innocent and that he was not at the shooting scene, but Watson, Caruthers, and Carla Chisholm, a security guard, all testified that they witnessed Cotton shooting Epstein. Lawrence Watson testified that when Caruthers began honking his horn, Cotton ordered him to shoot him. He aimed, but then he heard a shot come from behind him. He testified that he thought Cotton had shot at Caruthers, but then turned and saw Cotton still in Epstein's car. He then saw Cotton shoot Epstein again.

Epstein was an assistant district attorney in Fort Bend county, and carried a gold badge in his wallet. That badge was found at Epstein's feet. Several people testified that Cotton told them he decided to kill Epstein after he discovered the badge in his wallet.

Cotton had several previous felony convictions and prison sentences. In January 1992, he was convicted of cocaine possession and sentenced to four years in prison. Due to strict prison population caps imposed by U.S. District Judge William Wayne Justice, Cotton was never actually sent to prison.

Instead, he served 3½ months in the county jail, then was released because of Justice's ruling against the state using county jails as overflow capacity. In November 1993, Cotton was sentenced to 6 years for attempted murder. He was released in February 1996.

Cotton's first trial ended in a mistrial because of a jury deadlock. A new jury in a second trial found Cotton guilty of capital murder in November 1997 and sentenced him to death. The Texas Court of Criminal Appeals affirmed the conviction and sentence in June 1999. All of his subsequent appeals in state and federal court were denied.

Lawrence Edward Watson pleaded guilty to aggravated robbery and received a 10-year prison sentence. Information regarding his current status was not available for this report.

"Well, Mom, sometimes it works out like this," Cotton said in his last statement. He then made several more statements of love and encouragement to his family. He was pronounced dead at 6:13 p.m.

Cotton's execution set for Wednesday for murder of Fort Bend Assistant DA Epstein

March 1, 2004

Huntsville - Seven years ago, Fort Bend County lost one of its brightest stars. Gil Epstein, a talented, young and well-liked prosecutor in the District Attorney's Office, was killed on Sept. 19, 1996 after playing basketball at the Jewish Community Center in Houston.

Next Wednesday marks a new chapter in a years-long process of grieving for fellow prosecutors and those who knew Epstein. Marcus Cotton, the man found guilty of Epstein's murder in 1997, will be executed by lethal injection in Huntsville. Prosecutors, along with other family members and friends of Epstein, will attend the event. Employees of the District Attorney's Office individually say the execution brings closure for them.

Epstein, who died at age 27, was raised in New York City and attended the University of Miami in Florida before the University of Houston law school. Epstein joined the office as an intern and was hired six months later to prosecute misdemeanor crimes in County Court at Law No. 2.

The memory of Epstein continues strong in the District Attorney's Office, and some prosecutors continue wearing bracelets made in his honor. A memorial adorns a wall in the District Attorney's Office, featuring Epstein-related memorabilia. Also, the office awards the Victim Assistance Gil Epstein Award each year to a Samaritan outside law enforcement who helps crime victims.

On Sept. 18, 1996, Epstein had been playing basketball at the Jewish Community Center. Cotton and friend Lawrence Watson were riding bicycles into the parking lot of the center, when they split up to rob Epstein and another man exiting the center.

Watson testified in court that he saw Cotton holding up Epstein, who was in his car, at gunpoint. Cotton then shot Epstein, and Watson testified Cotton did so after seeing Epstein's law enforcement badge. The two suspects fled, and the Houston Police Department arrested them on Sept. 26 and Sept. 27, 1996 after news media released suspect sketches.

On Nov. 11, 1997, a jury sentenced Cotton to death by injection. A previous trial resulted in a hung jury. Watson agreed to a 10-year aggravated robbery prison sentence for testifying against Cotton.

Friends and co-workers remember Epstein for his many passions in life and his all-around likability. Greg Gilleland, who took Epstein under his wing as a prosecutorial partner, said he learned much from the young prosecutor. "I became a much better trial lawyer after working with him for just about 5, 6 months," he said. Epstein, said Gilleland, had an effervescent personality, an ability to communicate with people of diverse backgrounds in an effective manner, an engaging personality and was entertaining, making him a great lawyer.

Specifically, Gilleland remembers a case in which Epstein prosecuted a woman in her 50s who had been driving drunk. The woman was experiencing a divorce, and Gilleland said Epstein at one point in the trial turned out the lights in the court room and asked jurors to look at the woman like any other defendant. "He told the jurors they need to look at this defendant like they would any other defendant," he said. "Not to feel sorry for her because she's got a bad marriage or because she's otherwise a pillar of the community."

Prosecutor Michael Hartman called Epstein innovative, and Shelly Strimple said Epstein would always try new techniques for prosecuting, rather than following the typical formulas. Even many of his defendants have expressed admiration for Epstein. Notably, one-time defendant Richard Shaw, better known as rapper Bushwick Bill of the Houston group Geto Boys, wrote a tribute song titled "Let D.A. Rain Come Down." Gilleland said the Geto Boys ranked among Epstein's favorite musical groups, and the song's title refers to the rainy weather on the day of Epstein's death.

Hartman remembers Epstein called his parents just about every day, no matter from what location. Defense attorney Rocket Rosen, a friend of Epstein's, remembers Epstein had passion for sports, religion and his family. "When you look in his eyes - and I always judge a person by his eyes - it was always a breath of fresh air," he said. "You could not help but like him."

Prosecutors also recall Epstein as quick-witted and always able to tell a good story. Strimple recalls the many "Gillisms," the sayings Epstein would call upon at appropriate situations. Epstein, said Strimple, would place his fingers together and say "Excellent" like Simpsons character Mr. Burns. "He was always fun, no matter what was going on," said Hartman. "Always some kind of story about something and something exciting and entertaining all the time."

Cotton's execution will be attended by some of Epstein's friends, family and co-workers. Gilleland said among those planning to view the execution are himself, District Attorney John Healey, Epstein's brother Benji and Harris County District Judge Ken Wise, while others including Rosen and Epstein's parents, plan to attend the event but not watch the execution.

First Assistant District Attorney Fred Felcman said Cotton's death will be the end of a long process. "Unlike any other punishment, this really will bring closure to the justice system that will be more satisfying than probably anything else. You don't have to worry about anything else. You know this person killed Gil Epstein, the jury said 'yes,' they gave him the death penalty, and it'll probably be a closure. "We'll still be talking about Gil, but once it happens, we won't be walking around wondering, what happened to the guy who killed Gil Epstein? Is he still in jail? What's his appeal status?" Strimple chimes in. "It will be a relief to have that part done," she said. "But it doesn't mean that it's all over.

Rosen explains why he wants to attend the execution. "I want to look [Cotton] in the eyes and let him know he made a tragic mistake that deservedly so cost him his life," he said. "But no matter what happens to Marcus Cotton, our memories of Gil Epstein will always be cherished and never pass." Gilleland said Cotton belongs in hell and said Cotton enjoyed privileges he took away from his victim. "Mr. Cotton has enjoyed the full complement of civil rights, Constitutional rights and due process protections that Mr. Epstein spent his prosecutorial career fighting for and that Mr. Epstein similarly did not get to enjoy," he said.

Killer of assistant prosecutor is executed

AP - March 3, 2004

HUNTSVILLE - A repeat felon convicted of slaying a Houston-area prosecutor during a robbery attempt was executed Wednesday. "Well, Mom, sometimes it works out like this," Marcus Cotton said from the death chamber gurney as his mother, among the witnesses, watched through a window. "When you are dealing with reality, real is not always what you want it to be." Cotton, 29, was executed by injection at 6:13 p.m.

Cotton had been out of prison less than seven months after serving time for attempted murder when he was arrested for gunning down Gil Epstein, 27, a Fort Bend County assistant prosecutor. Epstein was shot in 1996 while leaving Houston's Jewish Community Center after playing basketball with friends.

Cotton denied he was the gunman who confronted Epstein in the community center parking lot and demanded his wallet. According to testimony at his trial, Cotton shot Epstein after spotting his district attorney badge in the wallet. A second gunman testified against Cotton in exchange for a 10-year prison term. Another man robbed outside the center the same night testified he saw Cotton inside Epstein's car, where the prosecutor was found dead in the back seat, shot twice in the head.

Killer of Young Lawyer From NY to Be Executed Tonight

AP - March 3, 2004

HUNTSVILLE, Texas — Gil Epstein and the man convicted of killing him couldn't have been more different. Epstein, about a year out of law school, was considered a rising star at the Fort Bend County prosecutor's office, where he dazzled colleagues with his skills and attitude. Marcus Cotton, less than a year out of prison, had an extensive criminal record for theft and drug dealing, and prowled an area of southwest Houston. He said one of his heroes was the Miami drug lord played by Al Pacino in the violent 1980s movie "Scarface."

Their paths crossed one night 1996. Epstein had left Houston's Jewish Community Center after playing basketball with friends when he was approached by a gunman demanding his wallet. He was shot fatally in the head when his district attorney's badge was spotted, according to testimony at Cotton's trial. Cotton was convicted and condemned for the slaying. He is set for execution tonight. He'd be the eighth convicted killer to receive lethal injection this year in Texas and the first of two on consecutive nights this week.

"I was not there," Cotton, 29, insisted recently from the visiting area of Texas' death row. "I don't have any remorse because I didn't do it." Asked where he was that night, he replied: "I have no alibi. I don't know. I'd just done 4 1/2 years in prison and I wanted to be alone. Nine times out of 10, I was in my apartment." Tips to police led to Cotton, who was arrested at his girlfriend's home about a week after the slaying.

Epstein, 27, was one of two men confronted by robbers that night. The other victim testified that after he was robbed, he saw Cotton inside Epstein's car. Epstein was found dead in the back seat, shot twice in the head. A former security guard also testified she saw Cotton point a gun at Epstein. "I'm not saying these people didn't see what they saw," Cotton said. "I'm saying it wasn't me."

The second gunman, Lawrence Watson, testified against Cotton in exchange for a 10-year prison term. Both had ridden their bicycles to the community center. "I regret I befriended Lawrence Watson," Cotton said from prison. "They had absolutely nothing to point me to this crime."

Cotton was tried twice for the slaying. The first trial was declared a mistrial when a juror refused to deliberate. Cotton had pleaded guilty earlier to attempted murder for shooting a man at a Houston apartment complex, had served four years of a six-year term and was released under mandatory supervision. The day of the killing, Cotton's parole officer had received approval to place an electronic monitor on Cotton's ankle.

The U.S. Supreme Court last week refused to review his case, and the Texas Board of Pardons and Paroles rejected a clemency request. "It's the end of the line either way it goes," he said. "If I get a stay, it's a starting point. But what I'm facing now, it's the finish line. I've had hopes rise and fall. This whole ordeal is numbing. It's indescribable. You can't put it into words. It's like being in a coma."

Epstein was raised in New York City and attended the University of Miami in Florida, then went to law school at the University of Houston. He was hired at the Fort Bend County prosecutor's office after interning there. "He was just a wonderful young man — born to be a trial lawyer," says Greg Gilleland, a former colleague. "He had an ability to connect with people. "It was a horrible thing. There's pain still there. He was like a brother to everyone in the office because of his engaging personality and because of his general friendly help-anyone-anytime nature."

By Dale Lezon and Eric Hanson - Houston Chronicle

Stop The Execution: March 3, 2004 - Marcus Cotton, Texas Death Row

Information Provided By Marcus Cotton and His Supporters

PETITION - Please Sign To Help Save The Life Of Marcus Cotton

Marcus Bridger Cotton was born in Houston on September 28 1974. He was adopted by a couple as a two-weeks old baby. His whole childhood was unsettled and very traumatic. As soon as he was a teenager he decided to live on the streets. A criminal career was hereby pre-ordained. In fact, Marcus spent a lot of time in various institutions. In March 1996 he was discharged from his last term of imprisonment. Marcus Cotton found himself an apartment and had a regular job.

On September 18 1996 the promising prosecutor, Gil Epstein, and another man were at the car park of the Jewish Community Center in Houston when they were brutally assaulted and robbed by two men. While one of the men, Sean Caruthers, could get away and raise the alarm, Gil Epstein was forced to get into the back of his car, where he was then shot. After Sean Caruthers had alarmed the police he got into his car and drove into Gil Epstein's murderer, who was trying to escape by bicycle. Both culprits escaped.

A small piece of material from the murderers clothing was found on the headlight of Caruther's car. With today's technologies and testing capabilities, a fiber is just as testable and important as a whole shirt. However, this piece of evidence, which might have contributed to finding out the truth, was only glossed over. The man who had attacked Caruthers was caught relatively quickly. Sean Caruthers identified him. He was a dark-skinned African-American named Lawrence Edward Watson.

On September 27 Marcus Cotton was arrested as a suspect. Sean Caruthers and another witness, Carla Chisholm, were asked to attend line-ups to identify the murderer. Their statements were contradictory and extremely unsure. The contradictions and uncertainty were particularly with respect to Marcus Cotton's skin color, facial hair and stature. Sean Caruthers spoke of a light-skinned man. He could not say if it was a Hispanic, a light-skinned black or a white male. Carla Chisholm could not identify Marcus Cotton as the offender until the second line-up that took place on February 17 1997, nearly half a year after the crime took place, where Marcus was the only light-skinned black person.

Carla Chisholm was 50 to 60 feet away from the scene of the crime and saw everything through a fence, but still claimed that it was on account of his eyes that she could recognize Marcus Cotton as the offender. There are also contradictory statements concerning the wound on Marcus Cotton's left leg, which was supposedly caused by the collision with Caruther's car. He himself claims that it was from a broken step. His sister stated that she treated the wound, and that was two days before the murder took place.

He was put on trial twice. The first trial ended without the jury agreeing on a verdict. In the second trial two witnesses who had given evidence under oath at the first trial that Marcus Cotton was not one of the men that they had seen at the scene of the crime were not allowed to testify. It seems incomprehensible that the importance and credibility of the evidence of these two men should be played down to this extent. Instead, the accomplice, Lawrence Watson, gave evidence in the second trial. He seriously incriminated Marcus Cotton.

Lawrence Watson testified to being a gang member of the 'Black Gangsta Disciples' since his early youth. It is assumed the true murderer can be found in the ranks of Watson's affiliates. All the other people, incidentally, who testified that Marcus Cotton had spoken to them about the crime, were members of this gang. Watson said that the gang enforced harsh punishments to members who informed against other members. Marcus Cotton was not a member of this gang.

Interestingly, Lawrence Watson was offered a deal from the state to shorten his sentence, he got ten years in prison in exchange for his testimony against Marcus Cotton. This was just two days before the trial against Marcus Cotton began. In the first trial, on the other hand, Watson did not give evidence at all. In November 1997 Marcus Cotton was finally sentenced to death by the trial jury.

The judgment was reached above all on account of Watsons testimony, although he was known to the police to be a liar. Marcus Cotton has always protested his innocence, whereas he admitted to all his other criminal offences. Unfortunately he has no alibi, as he preferred to spend his time quietly at home after his term of imprisonment.

All his remedies of appeal have now been exhausted. The date for his execution has been set for March 3rd, 2004. There are many inconsistencies in this case and we ask for these to be examined before such an ultimate judgment be enforced. The true offender is perhaps still free and an innocent man could die in his place.

Marcus' Penpal Request:

I find it rather difficult to write an 'open-letter' without a person to direct my attention toward. Therefore I ask that the reader not be mislead into believing me to be shallow or without depth... I am a man incarcerated on the infamous Texas death row; am an indigent prisoner who has no one able to procure the funds to assist my growth, mental-stability. Of course, there are myriad of things needed on death row which lends to one fight for life as well as emancipation, and his sanity. Even so, I am a man of conscience and consciousness. This, which disallows me to simply accept sympathy on-rewarded. I have often times attempted to reach out to a person who could possibly aid me. To no avail.

I am an artist, of sorts. "Of Sorts, " because I am very limited by both my mental state - from being here and facing what I do face, as well as being surrounded with and by those whom have undergone a certain psychosis because of the full conditions and the creative bloc that has prevented me from producing good impinative works.

I draw mostly what I see-literally. I do add and subtract to make the sight my own. Because of the low grade and quality of utensils here, I am thus limited to ink-pen-art. Even-so I've been lauded as extremely talented and worthy of better business by fellow constituents. Hopefully, this can be established...

I'm asking now for both friendship as well as potential outlet and/or person(s) willing to build a rapport, exchange ideas and eventually establish a base whereby my talent may be showcased. My problem lies in not having a portfolio of any size that would surely serve to punctuate this letter and lend credibility to my claims of artistic value. This, of course can be dealt with and worked around if only I had the assistance of someone knowledgeable in the avenues of free-lance art sales. I'm reaching out and I am asking that someone reach back.

Note: I tend to lean mostly toward Afro-cantric works in particular; historical/cultural works in general. In other words, I would like that my work stand for something worth teaching/learning or being used as a tool to do so with. In closing, as well as my desire to reach out to anyone interested in the art works I may offer, I also ask that anyone who believe they may help me in my plight against injustice, blatant disregard for fairness under the law, classism, racism in our court system.

I'm also asking for a chance...

Marcus B. Cotton # 999252
Polunsky Unit
3872 FM 350 South
Livingston Texas 77351 USA

To: Texas Governor Rick Perry, Texas Board of Pardons and Parole

Marcus Bridger Cotton was born in Houston on September 28 1974. He was adopted by a couple as a two-weeks old baby. His whole childhood was unsettled and very traumatic. As soon as he was a teenager he decided to live on the streets. A criminal career was hereby pre-ordained. In fact, Marcus spent a lot of time in various institutions. In March 1996 he was discharged from his last term of imprisonment. Marcus Cotton found himself an apartment and had a regular job.

On September 18 1996 the promising prosecutor, Gil Epstein, and another man were at the car park of the Jewish Community Center in Houston when they were brutally assaulted and robbed by two men. While one of the men, Sean Caruthers, could get away and raise the alarm, Gil Epstein was forced to get into the back of his car, where he was then shot.

After Sean Caruthers had alarmed the police he got into his car and drove into Gil Epstein’s murderer, who was trying to escape by bicycle. Both culprits escaped. A small piece of material from the murderer’s clothing was found on the headlight of Caruther’s car. With today’s technologies and testing capabilities, a fiber is just as testable and important as a whole shirt. However, this piece of evidence, which might have contributed to finding out the truth, was only glossed over.

The man who had attacked Caruthers was caught relatively quickly. Sean Caruthers identified him. He was a dark-skinned Afro-American named Lawrence Edward Watson. On September 27 Marcus Cotton was arrested as a suspect. Sean Caruthers and another witness, Carla Chisholm, were asked to attend line-ups to identify the murderer. Their statements were contradictory and extremely unsure. The contradictions and uncertainty were particularly with respect to Marcus Cotton’s skin color, facial hair and stature. Sean Caruthers spoke of a light-skinned man. He could not say if it was a Hispanic, a light-skinned black or a white male.

Carla Chisholm could not identify Marcus Cotton as the offender until the second line-up that took place on February 17 1997, nearly half a year after the crime took place, where Marcus was the only light-skinned black person. Carla Chisholm was 50 – 60 feet away from the scene of the crime and saw everything through a fence, but still claimed that it was on account of his eyes that she could recognize Marcus Cotton as the offender.

There are also contradictory statements concerning the wound on Marcus Cotton’s left leg, which was supposedly caused by the collision with Caruther’s car. He himself claims that it was from a broken step. His sister stated that she treated the wound, and that was two days before the murder took place.

He was put on trial twice. The first trial ended without the jury agreeing on a verdict. In the second trial two witnesses who had given evidence under oath at the first trial that Marcus Cotton was not one of the men that they had seen at the scene of the crime were not allowed to testify. It seems incomprehensible that the importance and credibility of the evidence of these two men should be played down to this extent. Instead, the accomplice, Lawrence Watson, gave evidence in the second trial. He seriously incriminated Marcus Cotton.

Lawrence Watson testified to being a gang member of the ‘Black Gangsta Disciples’ since his early youth. It is assumed the true murderer can be found in the ranks of Watson’s affiliates. All the other people, incidentally, who testified that Marcus Cotton had spoken to them about the crime, were members of this gang. Watson said that the gang enforced harsh punishments to members who informed against other members. Marcus Cotton was not a member of this gang.

Interestingly, Lawrence Watson was offered a deal from the state to shorten his sentence, he got ten years in prison in exchange for his testimony against Marcus Cotton. This was just two days before the trial against Marcus Cotton began. In the first trial, on the other hand, Watson did not give evidence at all. In November 1997 Marcus Cotton was finally sentenced to death by the trial jury.

The judgment was reached above all on account of Watson’s testimony, although he was known to the police to be a liar. Marcus Cotton has always protested his innocence, whereas he admitted to all his other criminal offences. Unfortunately he has no alibi, as he preferred to spend his time quietly at home after his term of imprisonment. All his remedies of appeal have now been exhausted. The date for his execution has been set for March 3rd, 2004.

There are many inconsistencies in this case and we ask for these to be examined before such an ultimate judgment be enforced. The true offender is perhaps still free and an innocent man could die in his place.

Sincerely,

The Undersigned

The Save the life of Marcus Bridger Cotton Petition to Texas Governor Rick Perry, Texas Board of Pardons and Parole was created by and written by Petra E. Herrmann, ALIVE e.V. . This petition is hosted here at www.PetitionOnline.com as a public service. There is no endorsement of this petition, express or implied, by Artifice, Inc. or our sponsors. For technical support please use our simple Petition Help form. Send this to a friend.

Thurs., Nov. 13, 1997 --TEXAS:

Despite defense pleas of childhood abuse, neglect and drug use, a Houston jury on Wednesday sentenced Marcus Cotton to die by injection for murdering a young Fort Bend County prosecutor.

Jurors deliberated more than 7 hours before agreeing to the death sentence for Cotton, 23, who they had convicted in 58 minutes Friday for robbing and killing Gil Epstein, 27. When the jury was sequestered Tuesday night, Epstein`s parents feared another hung jury was looming.

In April, state District Judge Michael McSpadden declared a mistrial when the jury could not reach a decision after 21 hours of deliberations. 1 juror held out, refusing to even discuss the case with the others, shouting profanity and at one point blurting out an anti-Semitic remark.

On Wednesday, the jurors would not discuss what they had talked about for more than 7 hours. "Justice has finally been served for our son," said Baruch Epstein, Gil's father, who lives in Florida. "This negative ordeal is over."

Zohara Epstein, Gil's mother, said she wants to see Cotton's execution and would give the injection herself if she could. As he had been throughout the trial, Cotton was stoic when the verdict was read. Asked by the judge if he had anything to say, he replied, "No, sir." While Cotton stared blankly ahead, Baruch Epstein read an emotional statement from the witness stand to the jury. "We have suffered the most tremendous loss. Now society will be a safer and better place," he said.

He did not address any remarks directly to Cotton, just talked briefly about his son and how he called home every night at 6. He also thanked the jurors and the citizens of Houston for their support. During his talk, several jurors dabbed their eyes with tissues. For the 2nd time, the Epsteins had to sit through a trial and listen to the details of their son's final moments.

The evening of Sept. 18, Cotton and a friend named Lawrence Watson rode their bikes into the parking lot of the Jewish Community Center. They split up to rob 2 men who had just left the center after playing basketball. Watson testified that after he robbed his man, he went to find Cotton, who was holding up Epstein near his car.

Watson, who did not testify in the first trial, said his victim then pulled up in a car, flashing his lights and honking his horn. He said that while he was waving his gun at the man, he heard a shot. He said he turned and saw Cotton shoot Epstein a 2nd time, in the head. The 2 fled, but were arrested later, after Cotton bragged openly about what he had done. Watson said Cotton told him he killed Epstein after seeing his law enforcement badge. Watson pleaded guilty to aggravated robbery and was sentenced to 10 years in prison in exchange for his testimony.

In an attempt to save Cotton's life, defense attorneys Chuck Hinton and Mack Arnold told jurors of Cotton's horrendous upbringing. Cotton's adoptive mother was a drug addict and habitually abused her children. Cotton 1st tried drugs when he was 5, and when he was 10 he watched his mother shoot his father. "His whole life he's been knocked down and kicked," Arnold told a reporter. He said his client fully expected the death penalty, which will be automatically appealed.

Cotton's adoptive father, Edward, who heard much of testimony, said he still doesn't believe his son is guilty. The verdict, he said, is unfair. "I love him," he said. "I'm gonna see if I can still help him."

Cotton has an extensive criminal history, dating back to 1987, when he was 13. The list includes theft, carjacking, and armed robberies. He pleaded guilty to attempted murder and served 4 years of a 6-year sentence -- and killed Epstein 6 months after being released from prison. "I think the jury did what had to be done," said prosecutor Luci Davidson. "The death penalty statute was written for a man like Marcus Cotton."

Rick Halperin, AI-Texas

"Man given death penalty in slaying of prosecutor," by Stafanie Asin.

(1997 Houston Chronicle)

Despite defense pleas of childhood abuse, neglect and drug use, a Houston jury on Wednesday sentenced Marcus Cotton to die by injection for murdering a young Fort Bend County prosecutor.

Jurors deliberated more than seven hours before agreeing to the death sentence for Cotton, 23, who they had convicted in 58 minutes Friday for robbing and killing Gil Epstein, 27. When the jury was sequestered Tuesday night, Epstein`s parents feared another hung jury was looming.

In April, state District Judge Michael McSpadden declared a mistrial when the jury could not reach a decision after 21 hours of deliberations. One juror held out, refusing to even discuss the case with the others, shouting profanity and at one point blurting out an anti-Semitic remark. On Wednesday, the jurors would not discuss what they had talked about for more than seven hours. "Justice has finally been served for our son," said Baruch Epstein, Gil's father, who lives in Florida. "This negative ordeal is over."

Zohara Epstein, Gil's mother, said she wants to see Cotton's execution and would give the injection herself if she could. As he had been throughout the trial, Cotton was stoic when the verdict was read. Asked by the judge if he had anything to say, he replied, "No, sir."

While Cotton stared blankly ahead, Baruch Epstein read an emotional statement from the witness stand to the jury. "We have suffered the most tremendous loss. Now society will be a safer and better place," he said. He did not address any remarks directly to Cotton, just talked briefly about his son and how he called home every night at 6. He also thanked the jurors and the citizens of Houston for their support. During his talk, several jurors dabbed their eyes with tissues.

For the second time, the Epsteins had to sit through a trial and listen to the details of their son's final moments. The evening of Sept. 18, Cotton and a friend named Lawrence Watson rode their bikes into the parking lot of the Jewish Community Center. They split up to rob two men who had just left the center after playing basketball. Watson testified that after he robbed his man, he went to find Cotton, who was holding up Epstein near his car.

Watson, who did not testify in the first trial, said his victim then pulled up in a car, flashing his lights and honking his horn. He said that while he was waving his gun at the man, he heard a shot. He said he turned and saw Cotton shoot Epstein a second time, in the head. The two fled, but were arrested later, after Cotton bragged openly about what he had done.

Watson said Cotton told him he killed Epstein after seeing his law enforcement badge. Watson pleaded guilty to aggravated robbery and was sentenced to 10 years in prison in exchange for his testimony.

In an attempt to save Cotton's life, defense attorneys Chuck Hinton and Mack Arnold told jurors of Cotton's horrendous upbringing. Cotton's adoptive mother was a drug addict and habitually abused her children. Cotton first tried drugs when he was 5, and when he was 10 he watched his mother shoot his father. "His whole life he's been knocked down and kicked," Arnold told a reporter. He said his client fully expected the death penalty, which will be automatically appealed. Cotton's adoptive father, Edward, who heard much of testimony, said he still doesn't believe his son is guilty. The verdict, he said, is unfair. "I love him," he said. "I'm gonna see if I can still help him."

Cotton has an extensive criminal history, dating back to 1987, when he was 13. The list includes theft, carjacking, and armed robberies. He pleaded guilty to attempted murder and served four years of a six-year sentence -- and killed Epstein six months after being released from prison.

"I think the jury did what had to be done," said prosecutor Luci Davidson. "The death penalty statute was written for a man like Marcus Cotton."

Cotton v. Cockrell, 343 F.3d 746 (5th Cir. 2003) (Habeas)

Defendant, convicted of capital murder in state court, petitioned for writ of habeas corpus. The United States District Court for the Southern District of Texas, Vanessa D. Gilmore, J., granted summary judgment for state, and petitioner sought certificate of appealability. The Court of Appeals, Edith H. Jones, Circuit Judge, held that: (1) any error in prosecutor's closing argument was harmless; (2) counsel was not ineffective for failing to call two witnesses; and (3) trial judge's comments to jury venire did not violate defendant's due process. Relief granted in part; judgment affirmed.

EDITH H. JONES, Circuit Judge:

Marcus Bridger Cotton was convicted of capital murder and sentenced to death for murdering Assistant District Attorney Gil Epstein during a robbery in November 1997. After he exhausted state remedies, Cotton filed a § 2254 petition for a writ of habeas corpus in federal district court raising twelve issues. The district court granted the state's motion for summary judgment on all twelve issues. The district court granted summary judgment and denied Cotton's petition. The district court also refused to grant a certificate of appealability ("COA") on any of the issues raised by Cotton.

Cotton now seeks a COA from this court on four issues: (1) whether the prosecutor improperly commented on the defendant's failure to testify, (2) whether his trial counsel provided constitutionally ineffective assistance by failing to call two witnesses to testify at trial, (3) whether he was denied due process by comments made by the trial judge during jury selection about the history of the Texas capital sentencing scheme, and (4) whether his trial counsel provided constitutionally ineffective assistance by failing to object to the trial judge's comments regarding the Texas capital sentencing scheme. We grant a COA on the first issue but deny the application for COA on the other issues. With respect to the issue regarding the prosecutor's closing argument, however, we affirm the district court's denial of habeas relief.

BACKGROUND

At Cotton's second trial for capital murder, Lawrence Watson testified that on September 18, 1996, he and Cotton decided to commit a robbery because they were broke. Sometime later that day, Cotton and Watson observed Gil Epstein and Sean Caruthers walking toward their cars in the Houston Jewish Community Center parking lot and decided to rob them. Watson approached Caruthers, pointed a . 38 caliber revolver at him, and demanded money. Caruthers gave his wallet to Watson and Watson ordered him to leave.

At the same time, Cotton accosted Epstein. Cotton forced Epstein to the ground with a .380 caliber semi- automatic pistol and demanded his money. Epstein told Cotton he did not have any money. Cotton walked Epstein to his car, forced Epstein into the back seat, and began to search Epstein's wallet and glove compartment.

Caruthers testified that after being ordered to leave by Watson, he drove to the front of the community center and went into the center seeking help. Caruthers came back outside and drove to the side of the building where he saw Cotton in Epstein's car. Watson was on a bicycle outside of Epstein's car. Caruthers began to flash the car's lights and honked the horn in an attempt to alert the police.

Watson testified that when Caruthers created this disturbance Cotton yelled to Watson to "kill that bitch." Watson aimed his gun at Caruthers, but without having fired his weapon, he heard a gunshot behind him. Watson turned around and saw Cotton fire his gun while still in Epstein's car.

Several witnesses testified that Cotton said he decided to kill Epstein when he found in Epstein's wallet a badge identifying Epstein as an assistant district attorney for Fort Bend County, Texas. After shooting Epstein, Cotton left the car, jumped on his bicycle and rode toward Caruthers' car. Caruthers drove into Cotton, knocking Cotton off his bike. Cotton and Watson then escaped.

Cotton was first tried for the murder of Epstein on March 17, 1997. Jury deadlock caused a mistrial. At a second trial in November 1997, a jury convicted Cotton of capital murder. Cotton was sentenced to death. On direct appeal, the Texas Court of Criminal Appeals upheld Cotton's conviction and sentence. Cotton v. State, No. 72,964 (Tex.Crim.App. June 30, 1999) (unpublished). The Supreme Court denied Cotton's petition for writ of certiorari. Cotton v. Texas, 530 U.S. 1277, 120 S.Ct. 2747, 147 L.Ed.2d.

Before the Supreme Court's denial of his petition, Cotton filed a state application for habeas corpus. The trial judge entered findings of fact and conclusions of law, which were adopted by the Court of Criminal Appeals in denying habeas relief. Ex parte Cotton, No. 49,499-01 (Tex.Crim.App. June 7, 2000)(unpublished). On June 29, 2001, Cotton filed a petition for a writ of habeas corpus in federal district court.