A defective indictment has forced prosecutors to start from scratch in the case against a former UNC School of Medicine professor who police say is responsible for the death of a Carolina Ballet dancer.
Due to faulty wording in legal documents, Raymond Cook, of Raleigh, was indicted for manslaughter rather than second-degree murder, said Wake County Assistant District Attorney Jeff Cruden.
The indictment did not include the phrase “with malice aforethought,” which is necessary in a second-degree murder charge.
“We believe he is guilty of second-degree murder,” Cruden said.
Cruden said he told the judge Cook’s indictment was insufficient. The judge said the trial could continue if the defendant would waive the indictment, but Cruden said he knew Cook would not do so.
Cook’s attorney, Roger Smith Jr., could not be reached for comment. Cruden said Cook must now appear before another grand jury. He said he does not anticipate trying the case until the beginning of 2011.
“It’s hard enough to get people to commit to two weeks away from work in the best of conditions,” he said. “And now you throw in the holidays.”
Cook was also indicted for driving while intoxicated and felony death by vehicle. These charges will not change, Cruden said.
Cook was originally indicted after police say he rear-ended 20-year-old Elena Shapiro’s vehicle on Sept. 11, 2009.
