Building Nicholas Stanley's defense in the final weeks before trial

Stanley is charged with the June 2025 murder of Allen Cogswell, a convicted sex offender. He confessed to ABC57's Annie Kate last summer in an exclusive, virtual jailhouse interview. Wednesday, he was in court for a pre-trial status conference, where no rulings were made, so it's still a question what evidence will be allowed at trial.

There were brief arguments regarding the state's Motion in Limine, which is a motion to prohibit evidence from trial. Prosecutors are trying to prevent what's called "jury nullification," where a jury decides a case on personal feelings rather than the law.

The evidence the state wants to suppress is victim Allen Cogswell's 2018 prior conviction for child molestation. Stanley's defense is fighting the motion because Allen's prior conviction could be used in a "sudden heat" defense, which essentially means it was a crime of passion. After all, Stanley says the child Cogswell molested is his young relative.

A successful "sudden heat" defense means the rage or terror felt by the perpetrator is enough to obscure the reason of an ordinary man and could lead to a reduced charge of voluntary manslaughter rather than murder.

Stanley's public defender told ABC57's Annie Kate she is working to solidify an expert witness for trial. This would be someone like a psychologist who could testify to Stanley's mental state at the time of the crime and possibly aid a "sudden heat" defense.

ABC57 caught up with Jessica Stanley, Nic's sister, who was in the courtroom, and said her brother was in good spirits.

"I am feeling very optimistic. So is my brother," she said. "Definitely has been keeping his head held high and everything, and he's definitely hoping for a good, positive outcome. I mean, he's pretty sure he's going to beat this."

Jessica reiterated that her brother is not interested in a plea deal that's still on the table, which would give him a 55-year prison sentence for a guilty plea.

Stanley's final pre-trial court date is Aug. 20, then trial is set to begin Sept. 21.