State Rests in Kevin Cobus Trial; Defense to Start Thursday

Specially "branded" packets of heroin could tie a 24-year-old Waukesha man to a Milwaukee dealer and two overdose deaths. However it will be up to a jury to decide if the relationship left him guilty of reckless homicide in those deaths.

The trial of for the overdose deaths of Muskego woman Jamie Hansen and Delafield man Cody Riggs in separate incidents, entered its third day on Wednesday. Hansen died in July of 2011 and Riggs died in January of 2012; both were involved with Cobus the day before they died.  

The state rested its case at the end the day. Judge William Domina denied the defense's request for a dismissal, so the trial will resume on Thursday with the defense's witnesses taking the stand. It has not been decided whether Cobus will testify.

The prosecution was hoping to show Cobus as the person who had the connections to deliver the drug to the deceased, making him liable for their deaths under the "Len Bias law".

Assistant District Attorney Susan Opper presented witnesses who established a connection between a dealer in Milwaukee called "Tay" and Cobus.

Cell phone records indicated that Cobus arranged a purchase of heroin with Tay the night before Riggs died in January 2012. Prosecutors argued he was asked to arrange the purchase by Riggs, his brother Derek and another man named Vince Scrima because of his familiarity with the dealer.

However, defense attorney Gary Schmaus pointed out that Riggs and Scrima recently had their cell phones replaced with new numbers, and they were unable to connect with Tay. Generally, he argued, dealers will not pick up calls from numbers they don't recognize, and it could have been Cobus' number would allow them to make the deal. He also stated that Scrima was the one to purchase the drugs, not Cobus.

The prosecution explained that Tay used a specific cellophane packaging that featured mini basketballs and a colored staple, which was a common thread among Cobus, Hansen and Riggs.

A similar package was found in Hansen's bedroom, according to Detective Shawn Diedrich of the Muskego Police Department, who testified on Wednesday.

Officer Steven Schubbe of the Delafield Police Department also told the court that the same package was found among Riggs' possessions. Schubbe also said that during an interview with Cobus, he voluntarily produced the same type of packaged heroin from his wallet.

Schubbe also testified that text messages sent between Cobus and Tay revealed an "extensive relationship," with the two often communicating several times a day.

However, defense attorney Gary Schmaus questioned the ability of law enforcement to confirm that the specific bags of heroin were what either Hansen or Riggs used on the day they died. Under cross examination, Schubbe confirmed that the evidence collected from Riggs was brought into the police department in a plastic bag by his family, and that no search of Riggs' home was done on the day he died. 

He also confirmed with Detective Diedrich that other packets of heroin were found in Hansen's room that did not feature the unique packaging.