Published: August 19, 2008 11:47 am         

Whitaker ordered to find new attorney

Accused murderer was being defended by the late Robert Cato

Less than two months before he is scheduled to go to trial for murder, Edward Brian Whitaker is seeking a new attorney. Friday, Whitaker was told by Judge Roderick Messer he better have one when he appears in court again in September.

Whitaker, who is accused of shooting and killing his cousin, Benjamin Gilbert, was being represented by London attorney Robert Cato, who passed away in July.

“I need to know something rather quickly,” Messer told Whitaker during a pretrial hearing Friday, when Whitaker said he didn’t know if he was going to hire another attorney or asked for the court to appoint one.

Whitaker then told the judge that he did intend to hire another attorney. Messer said when Whitaker returns to court Sept. 19, his new attorney should be with him.

Whitaker is scheduled to go to trail Oct. 16. It is the fifth time Whitaker has had a trial date set since he was indicted by a Laurel County Grand Jury in Dec. 2006.

The case was initially set for trial on June 4, 2007. That date was continued because Assistant Commonwealth’s Attorney Franklin Stivers, who was prosecuting the case at that time, indicated he might not be available.

A second trial date was set for Oct. 1, 2007. That date was continued when Cato told the court he would not be available.

The case was set for trial on Feb. 4. However, it was continued because Messer was struck by an illness the weekend before.

Another trial date was set for April, but the case was continued when an agreed-to order was filed.

The order contained no reason for the continuation, only stating that the attorneys agreed to set aside the date and return to court in May for an additional pretrial hearing.

During a pretrial hearing in June, Messer set the Oct. 16 trial date.

Whitaker was arrested in November 2006 by Kentucky State Police Detective Mark Allen.

Allen said Whitaker came to the front door of Gilbert’s home on Sally’s Branch Road. When Gilbert answered the door, Whitaker allegedly pointed a single-shot 20-gauge shotgun at his cousin and pulled the trigger striking Gilbert in the torso.

Gilbert was taken to the University of Kentucky Medical Center where he died later that evening.

The first-degree assault charge against Whitaker was amended to murder when Gilbert died.

Allen said previously that the two men were on friendly terms and police where still trying to determine a motive for the shooting.

Whitaker is being held in the Laurel County Detention Center without bond.

Commonwealth’s Attorney Jackie Steele said if Whitaker is convicted of murder, he faces 20 to 50 years or life in prison.





Staff writer Dean Manning can be reached at dmanning@sentinel-echo.com.