DEATH PENALTY RULED OUT FOR COSBY SUSPECT; ENTERTAINER SUPPORTS DECISION.

Byline: Janet Gilmore Daily News Staff Writer

Prosecutors announced Friday they will not seek the death penalty against Mikail Markhasev, a decision that brought a smile to the 18-year-old suspect in the Ennis Cosby slaying.

Markhasev initially showed no emotion, but after a couple of pats on the back from his attorney, he smiled slightly and mouthed, ``Thank you.''

``He was pretty happy,'' said the attorney, Henry Hall.

During the brief hearing in Los Angeles Superior Court, prosecutor Anne Ingalls did not explain what led to the decision and declined to comment later.

A committee of high-ranking prosecutors in the Los Angeles County District Attorney's Office made the decision. As a result, the Valley Village teen faces life in prison without parole if convicted of all charges.

Markhasev is accused of murdering and attempting to rob 27-year-old Cosby, who was shot Jan. 16 atop the Sepulveda Pass. Cosby was slain while changing a flat tire on his $130,000 Mercedes-Benz sports car.

In a written statement, entertainer Bill Cosby and his wife, Camille, said: ``We support the district attorney's decision, onward to jurisprudence.''

Hall, who smiled through much of the court hearing, said prosecutors should be congratulated for making the right decision.

``This is not a death penalty case,'' Hall said. ``This is just a case that, but for the publicity value of it, would be a life (punishment) case.''

Markhasev's case will be heard June 12 in Santa Monica before Judge David Perez. The case was sent to Santa Monica to comply with local court rules that now virtually require that cases be tried in the jurisdiction where the crimes occurred.

Laurie Levenson, associate dean at Loyola Law School, said the prosecutors' decision likely was driven by the Cosbys' lack of opposition, Markhasev's young age and his lack of any substantial criminal history.

Still, Levenson noted that prosecutors may have decided against the death penalty because their evidence against Markhasev is not very strong. Jurors on death-penalty cases tend to look more closely at the facts because a life is on the line, she said.

``If you don't have a strong case you don't want to elevate the importance of the case,'' she said. ``You don't want to make it a death penalty case.''

Los Angeles Superior Court Judge John Reid issued a gag order for attorneys and prosecutors involved in the case. He also specifically barred attorneys from talking about a Time magazine story in the June 2 issue.

Days after the Time article was released, complete with a crime scene photo and references to other photos, Hall sent subpoenas to three of Markhasev's former attorneys and asked them to turn over any remaining case documents.

Hall declined to comment on the Time article. He said he issued subpoenas out of concern that Markhasev's former attorneys kept some of the case documents. This week, the attorneys turned over two additional boxes of documents, he said.