The two murder suspects in the 2011 James Street homicide were back in Oneida County Court Tuesday morning.
Octavius Garrett and Dominique Cook are charged with 2nd degree murder in the death of Anthony Garner. Both their attorneys have filed motions to separate their trials. But, Judge Michael Dwyer has denied the motion. However, he says he will look over it again as the trial approaches.
Garrett's attorney says if his client cannot get a separate trial, he will look into a bench trial where the judge instead of a jury will hear the case and come up with a verdict.
"I think there is some evidence that is particular to Mr. Cook that if heard by my jury so to speak may be potentially damaging and they may be swayed in a direction they shouldn't be swayed," said Garrett's attorney, Christopher Pelli.
Cook and Garrett are due back in court October 31st. Marshall Jackson is already serving time after being found guilty this year involving Garner's death.
If found guilty, Cook and Garrett could spend 25 years to life in prison.