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

    Monday, March 1, 2004 2:58 PM CST
     

    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.

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