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Former Harvard student indicted as accessory in dorm slaying

March 16, 2010 02:32 PM

WOBURN -- A former Harvard University student pleaded not guilty today in Middlesex Superior Court to being an accessory after the fact and other charges in the slaying last May of a 21-year-old Cambridge man at a Harvard dormitory.


Justin_Cosby_031610.jpg

Justin Cosby


Brittany Smith, 22, an aspiring lawyer from New York City's Harlem section, allegedly gave her ID card to the three New York men who fatally shot Justin Cosby, 21, at the Kirkland House dormitory. She also allegedly hid the gun that was used and lied to authorities about her involvement.

Smith was indicted this morning on the accessory charge, as well as charges of illegal possession of a firearm, willfully misleading a grand jury, and willfully misleading a police officer. Clerk Magistrate Michael Sullivan ordered her held in lieu of $2,500 cash bail at her arraignment.

"Today's indictment of Brittany Smith is a significant step in unraveling the truth in this case, and holding her accountable for her alleged complicity in, and subsequent attempts to cover up, the murder of Justin Cosby," Middlesex District Attorney Gerry Leone said in a statement.

A tall young woman with short hair and large silver hoop earrings, clad in a dark pantsuit, Smith appeared poised and collected during the hearing.

Her attorney, John Osler, said the state was wrong to charge her because she had cooperated fully with the investigation.

"She has never had any contact with the criminal justice system in her life until the events at Harvard," he said.

The three men who allegedly participated in the shooting, none of whom were students at Harvard, are already facing murder charges. Prosecutors say the trio arranged for a meeting with Cosby for the purpose of robbing him in a drug deal. Cosby was shot inside the Kirkland House dorm on the afternoon of May 18. He staggered outside and collapsed on a Cambridge street corner. He was pronounced dead early the next day at a hospital.

Prosecutors say Smith, a Harvard student at the time, had invited one of the men -- her boyfriend, Jabrai Jordan Copney -- to campus and had given the trio her college ID, which works as an electronic access card, to allow them to enter Kirkland House. After the shooting, prosecutors allege, Smith took the firearm that was used to another location and hid it under a friend's dorm bed, without her friend knowing. She then fled with the three men to New York, paying for all of their bus fares.

Prosecutors say that when she later returned to Massachusetts with Copney and was questioned by Harvard Police about her ID card, she lied to them, denying she had given it to anyone.

Smith also allegedly misled a grand jury when she testified she was unaware of the firearm until after the shooting. Prosecutors say Smith was present when the gun was loaded before the shooting.

Assistant District Attorney Daniel Bennett said Smith had been considered a cooperating witness but prosecutors eventually came to believe she was just "feigning cooperation."

Bennett said Smith had also lied to prosecutors about Copney's name, calling him "Jordan Coombs," and lied when she told a grand jury that she didn't know that Jiggetts and Jordan had previously lured two Yale students to New York and then robbed them.

Osler said his client had testified before the grand jury or been interviewed by police at least a half-dozen times. He noted that Smith is still in love with Copney.

A bail review hearing was slated for this afternoon.

Copney, 20, of New York; Blayn Jiggetts, 19, of Mount Vernon, N.Y.; and Jason Aquino, 23, of Manhattan; are all being held without bail on murder and other charges.

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Reporter Milton J. Valencia is covering the federal appeals court ruling striking down the Defense of Marriage Act.
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