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Former Travis County jailer Tasha Lass (Julie Karam/KXAN)

Gobert Trial

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Capital murderer Milton Gobert's mother, Alice Gobert, take the stand to plead for her son's life Monday morning in court (Jacqueline Ingles/KXAN)

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Jailer Tasha Lass

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Gobert defense granted day of extension

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Former jailer testifies in court

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Jury convicts Gobert of capital murder

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Gobert defense granted day of extension

Jury reset until Wed. morning

Updated: Tuesday, 09 Mar 2010, 6:12 PM CST
Published : Tuesday, 09 Mar 2010, 9:45 AM CST

AUSTIN (KXAN) - The jury in capital murderer Milton Gobert's trial has been reset until Wednesday at 9 a.m., in part because of former jailer Tasha Lass' testimony Monday.

While the convicted killer's trial nears its end during the sentencing phase, testimony halted Tuesday morning just before 9:30 a.m. as the defense geared up to research Lass' five-year term with the Chattanooga, Tenn. police department.

Lass took the stand Monday and detailed her alleged lover's plan to escape from the Travis County Jail. She admitted to having a secret relationship with Gobert and snuck him a pay-as-you-go cell phone in jail.

However, the defense asked the judge Tuesday for several days-worth of a time extension so it could dig into Lass' law enforcement history, wherein she has reportedly received some awards. The defense said it needed time to investigate and verify the truth of Lass' testimony.

"It's necessary because if, in fact, there is something about [Lass] which impeaches what she says, it may help us, because this may be, I hate to use the expression, the nail in this poor man's coffin," said Leonard Martinez, Gobert's defense attorney.

The defense said they were surprised to learn about Lass' history with the Chatanooga Police Department and wants to learn more about her before they go forward.

Lass walked the jury Monday through Gobert's plan to shoot a guard, steal his uniform and then steal his car.

She said Gobert watched the guard, who was not named, for months through jail windows.

Lass also said she talked with Gobert in person and over the cell phone she snuck in to him and testified that he'd asked her for a gun with a silencer, but she repeatedly refused his requests.

"Now that [Lass'] given info concerning this escape attempt by the defendant and giving info concerning his access to a cell phone that was found in his cell, they no longer like the fact that she is a credible witness," said Gary Cobb, the Travis County Assistant District Attorney.

She also denied being in love with Gobert, but said why she originally went along with his plan.

"He just made me feel needed,"  explained Lass.  "When he talked, he made me feel needed. Like he needed someone to talk to someone to share his problems with."

Lass said it was ultimately her conscience that prompted her to tell her attorney about Gobert's plot to escape.

"I didn't want anyone to get hurt," Lass said.

Earlier in the day, the defense began its arguments in a Travis County courtroom with family testifying about Gobert's character. The defense prepared to make its case that Gobert should not be executed for killing Mel "Nina" Cotton in 2003, stabbing her more than 100 times.

Alice Gobert, Milton Gobert's mother,  told jurors her son did not deserve the death penalty and that his problems even started before his birth.

Alice testified that Milton's biological father beat her while eight months pregnant resulting in Milton's premature birth.

"He came earlier than he should have come and I was threatening a placenta previa," said Alice.

Never once did Alice or other families deny what prosecutors have been aiming to prove--that Milton has a violent history.

Instead, they blamed head injuries from getting hit by a car at age five, for turning Milton from a normal "hyper" kid into an all out problem child.

"The demons had gotten into my child," Alice explained. "He changed so much. I didn't know him."

Milton's brother backed up his bad behavior starting after that accident.

"He began to have more temper tantrums," said Michael Gobert, Milton's brother.  "He got a little angry a lot faster."

Despite Milton's mother having noted that her son never underwent neurological testing, prosecutors pointed out counseling attempts and times when Milton attacked his own mother.

"He hit me over the head with a broomstick," Alice testified.

Prosecutors didn't directly ask Alice if she was afraid of her son, even when he held her at knifepoint.

Alice left court upset and did not speak to reporters.

Defense attorney did tell KXAN Milton may take the stand tomorrow and plead for his life, with testimony wrapping up Tuesday or Wednesday.

Lass is expected in court at 9 a.m. Tuesday morning where defense attorneys will finish questioning her.

Travis County sheriff's officials said Lass was already on administrative leave before the cell phone discovery, pending an administrative investigation into allegations she was involved in a relationship with Gobert.

"During the administrative investigation a separate criminal investigation was conducted by detectives when it was learned that she had provided the inmate with a cell phone in violation of state law," said Roger Wade, with the Travis County Sheriff's Office.

The 36-year-old jailer said she put $40 on a pay-as-you-go cell phone so that she and Gobert could talk, according to court documents.

"It's easy for him to arrange with someone outside to arrange an escape," said Travis County Sheriff's Deputy Craig Smith, detailing

the danger of having an inmate with a cell phone. "They can also find out about witnesses or jurors and create a threat."

In the sentencing phase of Gobert's murder trial, prosecutors continued to press their case Friday that the convicted murderer continues to be a menace to society and that he should be put to death.

Travis County Sheriff's Office Sgt. Nate Gillespie testified he was assigned to search Gobert's cell Thursday after officials revealed Lass gave Gobert a cell phone in order to make secret calls to him during his sentencing hearing, which is happening this week.

Gillespie said while it looked as though Gobert's cell had already been searched by the time he arrived, he found found the cell phone at the bottom of a cheese puffs bag.

"I tilted the bag and thought it was odd there were Doritos stuffed into the bottom of the Cheetos bag," said Gillespie. "I stuck my hand into it and found a cell phone. I realized it was going to be a crime scene, so I put it back into the bag and alerted my superior."

Gillespie is a witness for the prosecution in a case against Gobert, who was awaiting sentencing after being convicted of capital murder for stabbing Cotton, 30, more than 100 times while attempting to kidnap and rob her in 2003, eventually killing her. Cotton's son Demetrius, who was 5 at the time, was stabbed during the attack, which he witnessed in their North Austin apartment.

The prosecution's first witness Friday was Travis County jail corrections officer Darnell Dale.

He testified he witnessed in January Lass and Gobert talking at Gobert's jail cell. At the time, Gobert was in lockdown.

Dale said the cell door was cracked open, which is against policy. He said two officers must be present when an inmate's cell door is opened.

Lass asked Dale for his keys earlier, which he said is not unusual. Dale said he gave Lass his keys and noticed she was talking to Gobert for about 10- to 15 minutes.

Dale continued to say there was no physical contact nor did Lass enter Gobert's cell.

He said he confronted Gobert a few days later about Lass' and Gobert's conversation. Dale said Gobert told him, "That's somebody I got on the line."

Dale said there was only one other occasion that he spoke to Lass.

The details surfaced late Thursday surrounding the Travis County corrections officer who secretly gave the cell phone to Gobert while he awaited sentencing this week. The phone discovery came only after a juror reported to the bailiff about a suspicious phone call from jail early Thursday, court officials said.

The call reportedly was made by Gobert.

Officials arrested Lass Thursday - though she bonded out just before noon Friday - after admitting to court officials on Thursday that she had given Gobert the cell phone in order to have secret conversations with him about the case during the trial.

Tass had testified during the guilt-or-innocence phase of the trial last week.

And according to testimony, it wasn't the first time Gobert had been getting special attention from a corrections officer in the jail. In a bizarre sidenote during Thursday's testimony, a corrections sergeant testified that another female jailer had been put on restrictive duty because she had been giving special privileges to Gobert while he was under her watch.

Lass worked as a peace officer in Tenn. for five years before the Travis County Sheriff's Office hired her on June 1, 2009. Lass has been fired from the sheriff's office, according to officials.

Lass is charged with prohibited items in correctional facility. The third-degree felony carries a punishment of up to 10 years in jail and a fine of up to $10,000.

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