The Bobby Cutts Murder Case
In Stark County, Ohio, police officer, Bobby Cutts Jr., 30, was arrested and charged on June 23, 2007, with two counts of murder: one for the death of Jesse Davis, 26, and one for her unborn baby, Chloe, due July 3rd.
I would imagine June 13, 2007, was a fairly normal day for Jesse Davis, mother of two
year old Blake. As normal as being nine months pregnant and dealing with a two year old could be.
At 6:24 p.m. Jesse had gone shopping at Acme Fresh Market, in North Canton, Ohio.
At approximately 6:30 p.m., Cutts played in a baseball game at a Canton Recreation League team. It was his scheduled day off. Bobby Cutts said he spoke to Jesse, by phone, around 8:00 p.m. that evening, just before going to Champs Bar and Grill. At 9:00 p.m. Jesse spoke on the phone with her mother, Patty Porter for about 20 minutes. This was the last time anyone reports having contact with her.
Porter said she had expected Cutts to pick up Blake from her daughter around 10:00 p.m., but Champs said Bobby is seen on video hanging out with his friend, James, and flirting with two unidentified women, and was at the bar until 12:30.
On June 14, Jesse Davis does not show up at work at 8:00 a.m. Co-worker texted a message to Jesse around 8:15 a.m. It went unanswered.
According to Americas Most Wanted, Bobby Cutts is late, on the same morning, for a meeting with school officials to discuss a coaching vacancy for the fall of 2007 football season at his alma mater, Glen Oak High School.
At approximately 6:30 a.m., June 15, Porter attempts to call Davis, but gets no answer.
At approximately 8:00 a.m. that same morning, Patty Porter and Jesse’s sister, Audrey, go to Jesse’s Lake Township home to find two year old Blake alone. The bedroom is in disarray and her comforter and cell phone are missing. There was a strong odor of bleach in the air. Patty called 911 while Audrey tried to Contact Cutts to tell him Jesse was missing. Cutts arrived at the home, in full uniform, at around 8:30 a.m. He said he was on his way home from his overnight shift when he received Audrey’s call.
Sheriff’s deputies began the investigation including little two year old Blake who said, “Mommy was crying. Mommy broke the table. Mommy’s in rug.” They also talked to the Davis and Cutts families and Kelly Cutts, Bobby Cutts’ estranged wife. The sheriff’s deputies searched the area and the Davis’ home. They also searched the Plain Township home of Bobby Cutts.
On Saturday, June 16, as police dogs helped to search the area near her duplex at 8686 Essex Ave., NE, the investigators continued their inquiry. The Davis’ family posted and distributed more than 1,200 fliers that day.
On Sunday, June 17, sixty family members, friends and concerned residents search for Davis or any evidence in the case.
Monday, June 18, Bobby Cutts takes administrative leave from the Canton Police Department. Authorities subpoenaed Davis’ cell-phone records.
The FBI and State Highway Patrol joined in the investigation and at approximately 7:00 p.m. that evening searched Davis’ house and Cutts’ home, removing a number of items from each. They also searched a vehicle.
At around 7:40 p.m. a Wooster couple found a newborn baby girl in a basket on their porch. DNA tests were ordered to find out if she was the baby girl that Jessie Davis was expected to deliver on July 3.
On Tuesday, June 19, Texas-based EquuSearch, an all volunteer search group that opened in 2000, arrived in town. They are a volunteer horse mounted search and rescue team.
The Repository conducted an interview with Bobby Cutts. He Denies having anything to do with Davis’ disappearance and says he last spoke to her around 8:00 p.m. on the 13th.
The investigators said they had no suspects, at that time.
On Wednesday, June 20, the newborn baby was placed in temporary custody of the Wayne County Department of Job and Family service, with DNA testing pending.
At approximately 3:45 p.m. the FBI conducted another search of Cutts’ home, accompanied by a search dog. The street near the home was blocked off for more than four hours. They emerged with several bags of potential evidence to search through.
It was Thursday, June 21, when more than 1,500 volunteers gathered across fields just east of the Akron-Canton Regional Airport to search for Jesse. One of the team members discovered a mound of freshly disturbed earth, off Highland Park Street in Lake Township. Police and their cadaver dogs investigated further. It was not Davis’ body. It turned out to be a cache of marijuana.
Friday, June 22 Porter woke up feeling angry. “Whoever did this, we will find you,” she said. More than 700 volunteers continued to search for Jesse.
Officials announced that the DNA of the baby found outside a Wooster home did not belong to Jesse Davis.
Authorities arrest Bobby Cutts on murder charges, on Saturday, June 23. Americas Most Wanted sources say that Bobby Cutts, Jr. led law enforcement officials to Jessie Marie Davis' body in a national park in nearby Summit County, Ohio.
When questioned, Cutts told police that he didn’t kill her, but that he arrived at her home and found her dying. The Canton Police Union Attorney, Avery Friedman said, “He went to the scene. He saw Jesse Davis. She reached for his trousers. Her eyes rolled back and she died”. “He panicked. He called a friend. The friend came over and assisted him in the removal of the body.”
Friedman went on to say that the alleged accomplice, Myisha Ferrell, is the most important witness in the case. “If indeed it’s true that Bobby Cutts Jr. called her and they spent hours together, he obviously made incriminating remarks”.
According to a neighbor, police searched Ferrell’s home and discovered several bottles of bleach, and removed three empty containers of fabric freshener, a black address book, three cell phones, a partial roll of duct tape and garbage bags.
On Sunday, June 24, they arrested Myisha Ferrell, a high school friend of Bobby Cutts Jr., and charged her with obstruction of justice.
Bobby Cutts was arraigned on Monday, June 25, 2007. Judge John Poulos set Cutts bond at $5,000,000. Myisha Farrell was arraigned at the same time. Her bail was set at $500,000. That same day, Bobby Cutts Jr. was suspended without pay from the Canton Police Department.
On Monday, July 2, just one day before the expected birthday of Jessie’s daughter Chloe, each appeared at a separate court hearing before Judge Richard J. Kubilus. Because of the complexity of the case and the time frame of the arrests the hearing was called for the prosecution to present sufficient probable cause to hold the accused. However, both defendants waived the preliminary hearing, and the case will indeed go to a grand jury.
Update
Cutts gets 57 years before he can be paroled
It was a packed courtroom as the jurors were lead in to give their sentencing verdict decision in the Bobby Cutts Jr. murder conviction. The sentencing verdict recommendation pertaining to the murder of Jessie Davis is life in prison without parole for 30 years.
Sentencing verdict recommendation pertaining to the death of Baby Chloe is life in prison without Parole for 30 years.
Next was the sentencing phase.
The defense asked the Judge to have the sentences run concurrent, and merge them all together, as they feel it was a single course of conduct.
Bobby Cutts family declined to speak in behalf of him.
All of the sisters of Jessie Marie Davis gave tearful, sobbing, victim’s impact statements.
Jessie’s father spoke next, telling Cutts to not even look at him. His testimony was short and angry Then Jessie’s mother next took the podium and told Cutts that she wanted him to look at her. “I never in my heart wanted to believe you hurt her, but in my soul I knew you had.” Also, she said that, “There are mornings I have to cover her picture up because I can’t get out of bed. She said that she forgives him. She hopes and prays she’s able to raise Blake to forgive his father.
The judge sentenced Cutts to 15 years for the lesser degree of murder of Jessie Davis, 30 years for the death of baby Chloe, 10 years for aggravated burglary, 1 year for abuse of Jessie’s corpse and 1 year for abuse of baby Chloe’s corpse… 57 years to run consecutively. He will be 87 years old before he is eligible for parole. (NLH)
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02/26/08
Jury to resume tomorrow
Jurors deliberated for six hours and 20 minutes on Tuesday. They will resume deliberations Wednesday morning at the Stark County Courthouse in Canton, Ohio.
Possible sentences include death by lethal injection, life in prison without parole, 30 years to life or 25 to life.
Jurors were instructed to begin by considering the least severe sentence and work their way up the verdict sheet.
Read more...
http://www.cnn.com/2008/CRIME/02/26/cutts.trial/index.html
http://sprocket-trials.blogspot.com/search/label/Bobby%20Cutts
02/25/08
The Penalty Phase
The first witness in behalf of Bobby Cutts Jr., was his mother, Mrs. Jones. She started by describing pictures of Bobby and her grandchildren. She continued describing Bobby as a child, loving sports and being the clown keeping people happy. Cutts was visibly emotional as his tearful mother continued to depict his life growing up.
The second witness in behalf of Cutts was Kathleen Purdy, one of Bobby Cutts’ teachers. She portrayed Bobby as an upbeat co-operative student. She said his peers saw him as a buddy and a friend. She recognized early on that he was a gifted child, academically. After he became a COP he would come and speak at her classroom.
Bobby Cutts’ sister, Davonna Cutts was next to take the stand to talk about her relationship with her brother. She said Bobby was a big brother and like a dad at the same time, because of their parent’s divorce when they were very young.
Lamar Sharp, a police officer, was the next to take the stand in Cutts’ behalf. They went to academy together and were friends. He spoke about commendations that Cutts received and that he was a good police officer. He was the best man at Cutts’ wedding with Kelly, his former wife.
The defense called Larry Davidson, Cutts’ cousin, to testify in his behalf. Davidson described Cutts as more of a brother than a cousin. He testified that Bobby loves his kids and kids in general.
The next witness for the defense was Jennifer Peterson. They used to be co-workers. She has corresponded with words of encouragement during Cutts’ incarceration. Cutts had attended hearings in her behalf after she was incapacitated by a drunk driver who dragged her to a field to die.
Bobby Cutts Sr. took the stand. He described his relationship with his son as a child and in sports. He said it was his fault that he and Bobby’s mom got divorced, because of drinking and gambling, and he was proud that Bobby didn’t follow in his footsteps.
Lunch Break
Bobby Cutts’ ex-wife, Kelly is now on the stand and is describing Cutts as an involved loving dad. She said he was a good provider for his family. Kelly, also, said that it would be detrimental to their daughter, Briana, to not have her dad in her life.
A doctor who works in clinical psychology is on the stand, now. Dr. Fabian (?) works on assessments of criminals. He evaluates and gives opinions on what penalties should be given to an offender. He didn’t find significant chronic abuse in the Cutts family when they grew up. Cutts described, to the doctor, an estranged relationship with his father since the time of his parent’s divorce when he was five. Bobby Cutts doesn’t have any psychological or mental impairment problems. The doctor said that Cutts represses his anger and then can act out violently in a stressful situation. Doctor doesn’t feel that Cutts shows a propensity for violence in the future.
The prosecution is now questioning the doctor and pointing out places where they feel Cutts lied during his psychological assessment. Dr. Fabian said that Cutts shows no personality disorders. He doesn’t feel Cutts would be a repeat offender.
Bobby Cutts has now taken the stand to give a statement. The things that happened in June will be a nightmare to him for the rest of his life. Words can’t bring them back but he wants to apologize to Patty and the rest of the family. He’s crying and this time you can see the tears. He wants to apologize to the community for lying and thank them for opening their hearts to Jesse and the baby. Most of all he wants to apologize to Blake for leaving him alone… “his little Thunder,” (Nickname for Blake) in his panic and selfishness. He apologized to his mother, father Kelly family and friends. He then apologized to Myisha for bringing her into this nightmare. “Ladies and gentlemen of the jury I’m asking you to spare my life. Thank you.” Cutts left the stand and was sobbing at his table.
Tomorrow they will have closing arguments and then the jury will be sequestered until they come up with the appropriate penalty.(NLH)
02/24/08
Cutts Sentencing starts Monday
The sentencing phase of the Bobby Cutts Jr. murder trial begins Monday morning. Now, the 12-member panel must recommend sentences on the two counts of aggravated murder. They have four options: Death, life without parole, life with parole eligibility after 30 years and life with parole eligibility after 25 years.
In the trial's first phase, the jury has found aggravating circumstances, namely: Cutts killed two or more persons; he committed aggravated murder in connection with an aggravated burglary; and the viable fetus was a victim under the age of 13. Davis was just weeks shy of giving birth when Cutts killed her, and the child could have survived on its own at that point, doctors said.
Resources....
http://www.cantonrep.com/index.php?ID=400773&r=0&Category=11&subCategoryID=0
http://whbc.com/pages/1707869.php?contentType=4&contentId=1613671
http://www.woio.com/global/story.asp?s=7917498
02/15/08
The Verdict Is In!
A jury in Canton, Ohio, found former police officer Bobby Cutts Jr., guilty of murdering his pregnant girlfriend, Jessie Marie Davis, and their unborn child.
The jury of six men and six women reached the verdict after more than 21 hours of deliberations. Jurors found Cutts guilty of aggravated murder for the unlawful termination of Davis' pregnancy.
But the jury found him guilty of a lesser murder count in the death of Davis.
Count#1-Aggravated murder of Jessie Marie Davis-not guilty of aggravated murder
Sub-section:
4-Guilty beyond doubt to lesser degree of murder
Count#2-Unlawful termination of Pregnancy-Count 2 Guilty of Aggravated murder in lesser count
Sub-section:
1-Guilty of aggravated murder
2-Guilty of murder and fleeing
3-Guilty of purposely taking the life of baby Chloe
Count#3- Guilty of aggravated murder of Baby Chloe
Sub-section:
1-guilty of committing aggravated murder of Baby Chloe
2-guilty of fleeing
3-guilty of purposely causing the death of Baby Chloe
Count#4-Guilty of aggravated Burglary
Count#5-Guilty of Gross abuse of a corpse-Jessie Davis
Count#6-Guilty of Gross abuse of a corpse-Baby Chloe
Count#7-Guilty of endangering children-Blake Davis
02/13/08
Late Breaking News
Jurors late tonight asked a series of questions and in one they indicated they had reached a verdict on the first count of aggravated murder relating to the death of Jessie Marie Davis. The jury also asked if there was a lesser offense to consider on a charge of aggravated burglary.
Judge Charles E. Brown Jr. referred them to their instructions. They also asked about a list of contents of Davis' purse and to listen to a tape statement from a witness.
Check this out!!!
http://www.ohio.com/news/top_stories/15615867.html
02/12/08
Closing arguments end trial
Before the lunch break, the prosecution outlined its case, arguing Cutts is guilty of multiple counts of aggravated murder for the death of Jessie M. Davis and her unborn child as well as lesser charges of aggravated burglary, gross abuse of a corpse and child endangering.
Fellow defense attorney Fernando Mack told jurors that if someone wanted to commit aggravated murder, they would have cleaned up the house, driven away and gotten rid of the body in a remote location.
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Resource...
http://www.cantonrep.com/index.php?ID=399130&r=0&Category=9&subCategoryID=0
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http://blog.cleveland.com/plaindealer/2008/02/bobby_cutts_jury_to_continue_d.html
http://ericmansfield.blogspot.com/2008/02/bobby-cutts-jurors-given-second-option.html
02/11/08
Bobby Cutts testifies
Bobby Cutts Jr. testified in his own behalf today. Cutts demonstrated what he said happened. that fateful day, with his lawyer.
Cutts said, "I was pacing and trying to think what to do. That’s when I thought about getting Myisha to watch Blake". He wrapped Jessie and placed her in the truck. He concluded she was dead.
Why didn’t you call 911? I couldn’t get her cell phone to work.
“This can’t be happening, I’ve never hurt anyone.”
Why did you place Jessie in the bed of the truck? I just did.
He didn’t remember putting Jessie’s phone in the truck.
Was all of the bleach spilled out of the bottle? No.
Why didn’t you call the police? I didn’t know what to think. Like how the hell am I going to explain this?
Read and comment at J-13 Blog...
http://www.jurorthirteen.com/BLOGS/tabid/154/Default.aspx
See the February 11th complete blog here It's a GREAT read...
http://sprocket-trials.blogspot.com/2008/02/bobby-cutts-murder-trial-day-six.html
02/10/08
Trial now goes to the defense
Bobby L. Cutts Jr., 30, of Plain Township faces three counts of aggravated murder. One is for the death of Jessie M. Davis. The other two deal with the death of her unborn daughter: One for the unlawful termination of a pregnancy, the other for the death of a child, in this case a viable fetus
Bobby L. Cutts Jr.'s defense team is expected to put several witnesses on the stand Monday.
They have not said who they will call, and a gag order prevents them from revealing their strategy.
The remaining testimony could stretch into Tuesday or longer.
But a possible timetable was revealed today when Judge Charles E. Brown Jr. met with attorneys outside of the jury. He told both sides to prepare to give their closing arguments on Tuesday.
Brown sent the jury home early today and told them to return Monday.
Resources....
http://www.cantonrep.com/index.php?ID=398699
http://www.cantonrep.com/index.php?ID=398852
http://www.newsnet5.com/akroncanton/15251106/detail.html
02/07/08
DNA showed Cutts to be the father of the fetus
Thursday started off with an FBI agent, Christopher Garnett, talking about the processing of evidence at the scene, and of Bobby Cutts’ vehicle, a Chevy Silverado truck. He also went into the gathering of evidence that was found at Cutts’ home.
On June 23rd Garnett received a call that alerted him to the fact that Cutts was going to take Le to Jessie’s body. He went on to describe what they found and the procedures they took, including taking approximately 100 photos.
They processed the scene and gathered the bodies. In searching for additional evidence they found the small bones and fingernails of Jessie’s unborn child.
It was now time to put on the criminalists who explained what they searched for and what was found. The bleach bottle was tested for fingerprints and sampled for DNA evidence. A presumptive test was positive for blood, but needed to be tested further. There were no latent impressions of value on the bottle.
A DNA profile was obtained from the fetal bones. The DNA expert established paternity on the fetus bones found at the scene where Jessie was burried. Comparison on all of the profiles, Bobby Cutts could not be excluded as the father of the child. The test showed that Cutts was 13,160,000 times more likely to be the father of the fetus than a random selected male. (NLH)
02/06/08
The parade goes on
The day started off with Glen Oak HS football coach who said Cutts called him the morning of June 14 and said he’d be late for practice. He testified that Cutts never showed up from that day on.
Joe Antonelli, Senior Account Executive for Household Finance met with Cutts who was applying for a consolidation loan. After going over the amount that Cutts said he made per year (which was never verified), he eventually got a $15,000 loan which paid off one loan and left him with about $4,000 in cash.
His monthly payments, for all of his liabilities, were approximately $2,800/mo. This amount didn’t include child support payments. In later testimony from Canton police chief Dean McKimm, Cutts made approximately $41,000/mo with an additional $6,000/$7,000 in perks. This amount didn’t include the $800.00 plus dollars he reportedly made doing security work on the side.
The parade of women continued when Jill Butler was called to the stand to testify about her affair with Bobby Cutts Jr. She wasn’t aware of the many other affairs Cutts had been involved in.
The next affair was with Jennifer Sprout, who was still sleeping with Cutts in June of 2007. She also wasn’t aware of the other women he was seeing, although they did have an exclusive type of relationship.
(Personally, I’ve lost count of how many women this guy had in his life!!! Hmmm…one wife who is divorcing him…one dead 9 mo/pregnant girlfriend…one aborted birth on the same day Jessie dies… too much debt and more on its way (child support)… other girlfriends coming out of his ears…I wonder what made him go off the deep end that day? Geeze…guess nobody told him if you live on the edge… you just might fall off!)
The next witness was Kelly Cutts-Schaub, whose divorce was finalized from Bobby Cutts last month.
She testified that Bobby called her from Champs and told her that he’d still like to work out their marriage.
Kelly spoke of the on and off again relationship she and Bobby had over the 7 years of marriage. She didn’t know about the other affairs, except for Stephanie Hawthorne and Jessie Davis.
She testified that Jessie would call her and boast about what was going on between herself and Bobby. For instance… Jessie called to let Kelly know that she had just had sex with Bobby on her (Kelly’s) new patio furniture.
Kelly also testified that she found a pair of underwear in her make-up drawer. When asked how she knew it was Jessie’s she said that Jessie called and told her they were hers. The underwear got thrown at Bobby.
Kelly Cutts-Schaub said that it was her opinion that Jessie Davis was trying to destroy her marriage. She also testified that Jessie Davis was one of the reasons for her and Bobby’s separation in February of 2007.
Another one of Cutts friends takes the stand next. His name is Richard Mitchell, and they’ve know each other for about 10 or 12 years.
Mitchell had contacted the Canton Repository reporter, Todd Porter, so that they could do an interview for the public and get Bobby’s word out, instead of just the rumors.
Mitchell testified that approximately one month before Jessie went missing, Cutts had said to him, “I’m gonna kill that bitch and throw her in the woods.” Mitchell said he just thought Cutts was joking around.
The next witness was Todd Porter, writer for the Canton Repository. They discussed the taped interview that was done before Cutts’ arrest, and played it for the jury. To hear it click here.
The rest of the afternoon was taken up with different witnesses from the FBI and police. They discussed the cell phone pings picked up on the various cell phones, including Jessie’s.
Two phone calls were made to Jessie’s home on the 14th, after he buried her, asking for her to call him. (NLH)
02/05/08
Myisha Ferrell Testifies
This morning started off with sergeant Weisburn still on the stand. He stated that he found out through Bobby Cutts new attorney that Cutts wanted to show him where Jessie’s body was. Although Cutts had given them directions, he wanted to go with them to make sure they found the bodies. Weisburn described going to the location and finding the bodies at Hampton Hills Park.
When under cross examination the defense suggested that Weisburn saw Cutts as a suspect from the beginning.
They also suggested that 2 ½ old Blake Davis may have spilled the bleach found on the carpet in the master bedroom, as the boy was left free to roam the house for many hours. Weisburn testified yesterday that there were no bleach spots on Blake’s clothing when he examined him.
The jury asked if Weisburn saw any burns on Blake and he said, “No.”
Myisha Ferrell, 30, took the stand to testify against her long time friend, Bobby Cutts Jr. She has known him since middle school and described how she ended up at the site where Jessie and her unborn baby were buried.
Farrell stated that she’d been out the night before, and, after arriving home, was playing cards, drinking and smoking marijuana, until close to 6:00 am on June 14th. She said that was when she stepped outside and saw Bobby Cutts truck parked in the alley next to her house. She described him as looking dysfunctional. She said she’d never seen him look that way before.
After getting into the truck with Cutts, she said that Cutts stated that there was something wrong, something “bad”. He further stated to her that something was wrong with his baby’s mama, meaning Jessie Davis. Next he told her Jessie was in the back of the truck.
They headed north, down the highway. Myisha finally asked Cutts what happened. She testified that he said he kind of used his arm, and then she raised her arm near her neck for a visual explanation.
They made a quick stop at a truck stop so she could use the restroom and buy cigarettes. They got back in the truck and started down the highway again, when Cutts saw a fellow officer, much to his chagrin, at a stop light. He waved and went on his way.
Their next stop was at an open field. Ferrell said when they got out of the truck she looked in the truck bed, and saw Jessie’s feet and a blanket wrapped around her body.
Cutts then took off with her body, and buried Jessie, while Ferrell stayed at the truck. She said she saw several white garbage bags in the back of the truck. Once Cutts returned they stopped by a dumpster to discard the garbage bags.
Their next stop was at a car wash where Cutts sprayed out the bed of the truck. When they left the car wash she recalled Cutts making phone calls, one to a coach and one to Jessie’s home. Ferrell testified that she threw Jessie’s pink cell phone out of the window as they traveled down the road. After that they stopped to pick up some mulch to put in the back of the truck.
Ferrell testified that Cutts gave her $100 to spend however she wished.
They went back to Cutts’ house, where he asked Ferrell if she could see the marks Jessie left on his chest. Ferrell told him the marks weren't significant. She also saw the wound on his finger. He told her it was from Jessie biting him.
Cutts then took Ferrell back to her home.
Ferrell then testified that she spoke to Cutts the following day when he phoned and said that he “thinks his baby’s mama is missing.” Ferrell stated that she thought he was “gone”, as in crazy.
Bobby Cutts’ cousin, Larry, went to Ferrell’s home and picked her up to go to Cutts’ house. She testified that they left together and were on their way to Cutts’ house when they turned around to go back to speak with the sheriff. She said the sheriff didn’t show up in the half hour time line that he gave, so she and Larry went back to Bobby’s house. It was at that time that Cutts versed her on what to say to the sheriff when she talked to him. She was to tell the sheriff that she had been babysitting Blake.
She continued her testimony saying that she and Larry went back to her house and she talked to the sheriff. She told him that she had been babysitting Blake, as Cutts had told her to do.
Ferrell stated that she turned herself into the police on June 24th, and continued to lie to them as she didn’t like the way they spoke to her.
Ferrell was then cross examined by the defense starting with her and Bobby’s long time friendship. She testified that she had never seen Cutts be violent with anyone or usurp his authority in any way.
Ferrell testified that she was shocked by the whole event but found herself in the middle of it.
She said she had never met or seen Jessie Davis before, and testified that she had never babysat Blake.
Myisha Ferrell’s testimony ended there.(NLH)
02/04/08
First day of Trial
During the Prosecution’s opening statements to the Jury, they alleged that the Medical Examiner concluded Jessie Davis had been strangled. An interesting side note from In Session was that Bobby Cutts supposedly has a forensic expert who is to testify in his behalf. His name is Cyril Wecht and is busy with his own trial, so I wonder if he’ll be able to testify in the Cutts case. There’s information on Wecht on my IN THE NEWS segment.
The prosecution also says that Cutts had impregnated another girlfriend and learned, later, that the pregnancy was terminated the same day that Jessie Davis went missing.
The defense told the jury that the case is circumstantial and that nothing directly connects Cutts to the Murder of Jessie Davis.
Patty Porter, Jessie’s mother, took the stand first. She testified about the week leading up to her daughter’s disappearance.
Porter and her attending children welled up with tears as the prosecution played the 911 call she made on June 15th, when she couldn’t find her daughter.
After Porter’s daughter, Audrey and neighbor, Theresa Midkiff, finished giving their accounts, sergeant Eric Weisburn took the stand.
Sergeant Weisburn gave his accounts of that day and his first statements from Bobby Cutts interviews, that had been recorded, were played to the Jury. Cutts gave his first accounts of his whereabouts that night and the prior week. He also explained a cut on his finger he said he got from emptying his fire pit.
Weisburn said that after he was finished speaking with Cutts, he went over to the neighbor’s where little Blake had been removed to.
Weisburn said that he sat on the floor and colored with Blake for about 20 minutes. It was during this time that Blake, repeatedly, said “Mommy was crying. Mommy broke the table. Mommy’s in the rug.” Blake didn’t answer the sergeant when he was asked about his statement. He said Blake climbed up on the couch, looked over at his house, and driveway and said “Daddy’s mad”.
A second interview, of Cutts, was conducted by Weisburn at the station. That tape was also played to the jury.
In further testimony Weisburn talked about trying to get in contact with Myisha Ferrell. He said he’d made arrangements for an interview, but she wouldn’t answer the door. She’s been accused of being an accomplice to hiding Davis’ body. She may be testifying tomorrow. (NLH)
02/01/08
Two year olds voice will be heard
The words of the two and a half year old son of Bobby Cutts Jr. will be allowed in the capital murder case.
Stark County sheriff's Sgt. Eric Weisburn testified Friday at a pretrial motions hearing that he interviewed Blake Davis at a neighbor's house the day Davis was reported missing. Weisburn said they both sat on a floor, colored together with crayons and spent 15 to 20 minutes talking.
Near the end of their conversation, Weisburn said, Blake crawled onto a couch, looked out a window facing his house and said, "Daddy's mad."
The judge also denied a request for a change of venue by Cutts' defense team. The trial is scheduled to start Monday, February 4.
Read stories…
01/30/08
Jury seated for Cutts trial
Testimony is scheduled to begin Monday now that a jury has been seated to hear the murder trial of Bobby L. Cutts Jr.
The final selection occurred this afternoon.
The 12-member jury includes six men and six women. The six alternates include three men and three women.
Only one of those selected, a female alternate, is black.
Cutts, 30, of Plain Township, has pleaded not guilty to charges that he killed Jessie M. Davis, 26, of Lake Township and her unborn daughter in June. Cutts, who is black, and Davis, who was white, had a 2-year-old son together.
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01/16/08
Jury selection is underway for Bobby Cutts Trial
The first of three groups of potential jurors being considered for the capital murder trial of Bobby Cutts Jr. were called into court Tuesday to answer questions on pretrial publicity and the death penalty.
More potential jurors are due in court Wednesday and Thursday. The group is expected to answer questionnaires and then return to court for general questions on Jan. 23.
About 400 potential jurors from an original pool of 800 remain in consideration.
Stark County Common Pleas Judge Charles E. Brown Jr. is attempting to seat 12 jurors and an unspecified number of alternates for Cutts' Feb. 4 trial.
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http://www.ohio.com/news/break_news/13803477.html
01/08/08
Judge excuses hundreds of prospective jurors in Cutts case
A judge has excused nearly half of the 800 prospective jurors called as potential jurors in the murder trial of Bobby Cutts Jr.
Stark County Common Pleas Judge Charles Brown said about 350 prospective jurors were excused based solely on responses given to a questionnaire mailed last month.
No reason was given for the decision. Attorneys are under a gag order preventing them from commenting on the case.
Jury selection is expected to continue Jan. 23 as the remaining jurors are questioned on pretrial publicity issues and their thoughts on the death penalty.
Testimony is expected to begin Feb. 4. Cutts, 30, has pleaded not guilty to aggravated murder and burglary charges in connection with the June slaying of his girlfriend, Jessie Marie Davis and her unborn fetus.
Resource...
http://www.ohio.com/news/break_news/13511197.html
12/22/07
Cutts' lawyers lose motion against prosecutors
State not withholding evidence of confession from defense, judge says
A former police officer charged in the death of his pregnant girlfriend lost a round in his defense Friday as a judge overruled a motion accusing prosecutors of withholding evidence.
Attorneys for Bobby Cutts Jr., 30, say he never told his high school classmate he killed Jessie Marie Davis, 26, who was nearly full-term when she was killed in her Northeast Ohio home in June.
Defense attorneys accused prosecutors of trying to mislead the public and influence potential jurors by including the information in a court document filed this week.
If prosecutors have evidence of the alleged admission, they must turn it over, the defense wrote in a motion.
During a 30-minute hearing Friday, Stark County Common Pleas Judge Charles E. Brown Jr. overruled the motion, which accused prosecutors of withholding evidence.
Cutts, who resigned as a Canton patrolman after his arrest, is charged with three counts of aggravated murder, aggravated burglary, gross abuse of a corpse and endangering children.
Jury selection in his trial is to begin Jan. 23. If convicted, Cutts could get a death sentence. Read more...
http://www.ohio.com/news/12763047.html No longer available
12/21/07
Cutts' defense: No admission of killing
Bobby L. Cutts Jr. didn’t admit to killing Jessie M. Davis and her unborn child, say his attorneys, who accuse prosecutors of trying to influence potential jurors and the community with wrong information.
The issues, raised in a written motion filed with the court and made available Thursday, have prompted Stark County Common Pleas Judge Charles E. Brown Jr. to set a hearing for today.
Stark County prosecutors deny withholding evidence or intending to mislead the public.
Cutts, a 30-year-old former Canton police officer, is charged with three counts of aggravated murder, aggravated burglary, gross abuse of a corpse and endangering children.
He denies guilt and his trial is set to start in late January. If convicted of aggravated murder, Cutts faces a possible death sentence.
A gag order prohibits either side from commenting on the case outside of court hearings or written motions.
This latest dispute stems from a hearing held Tuesday at the Stark County Jail.
In court papers, Stark County prosecutors said Cutts admitted to co-defendant Myisha L. Ferrell that he killed Davis and her unborn daughter in June, and led police to Davis’ badly decomposed body. Ferrell, who pleaded guilty in November to obstructing justice and complicity to gross abuse of a corpse, has agreed to testify at Cutts’ trial. Read more...
http://www.cantonrep.com/index.php?ID=392406
12/18/07
Cutts led police to murdered woman's body, prosecutors say
Document provides new details in June death of Jessie M. Davis
Bobby L. Cutts Jr. led police to the badly decomposed body of Jessie M. Davis, and his codefendant has indicated that Cutts admitted to her that he killed the 26-year-old Davis and her unborn daughter, according to court papers filed by Stark County prosecutors.
The revelations came Tuesday during a pretrial hearing at the Stark County Jail.
Cutts’ attorneys brought up the issue, saying the written version of codefendant Myisha L. Ferrell statement, given after her plea agreement with prosecutors, didn’t contain information about an alleged admission by Cutts as cited by prosecutors.
Stark County Common Pleas Judge Charles E. Brown Jr. said he would hold a hearing on the matter and asked Cutts’ attorneys to put any request for more information in writing.
The paperwork — filed with the court — contains prosecutors’ most revealing public outline of the case against Cutts. Authorities have been tight-lipped about the details and Brown has imposed a gag order on participants in the case. Read more...
http://www.cantonrep.com/index.php?ID=391937&Category=15&subCategoryID=0
12/03/07
CANTON -- The Stark County Family Court has awarded custody of two-year-old Blake Davis to his maternal grandmother, Patty Porter.
The ruling came the day Porter and ex-husband Ned Davis were to go to trial over the boy's custody.
The two sides reached an out-of-court agreement that gives Ned Davis visitation rights.
The issues were settled on Blake's third birthday.
To news cameras as he left court, Ned Davis wished the boy a happy birthday and said Grandpa loves him.
Blake made national news after the disappearance of his mother, Jessie Marie Davis, this past June.
Porter discovered the boy in her daughter's Lake Township home, wandering around soiled and hungry. Blake told his grandmother, "Mommy's in the rug."
More than a week later, following a massive search, Jessie Davis' body was found in a shallow grave in a Summit County park. She was nine months pregnant.
Blake's father, Bobby Cutts Jr., remains jailed after he was charged with murder in the death of Jessie and her unborn daughter. Resource:
http://www.wkyc.com/news/news_article.aspx?storyid=79139
11/20/07
Home given to family of slain Jessie Davis
"This is just overwhelming," said Patty Porter, Davis' mother.
"This means that six people won't be living in a two-bedroom apartment anymore. It's a new beginning for all of us."
Davis, 26, was nine months pregnant when she disappeared from her Stark County home in June.
http://www.cleveland.com/news/plaindealer/index.ssf?/base/summit/1195551259201250.xml&coll=2&thispage=1
11/16/07
Judge denies effort to expand jury pool in Cutts case
Attorneys for Bobby Cutts Jr. were again denied their request to expand a jury pool to include licensed drivers and potentially more blacks.
Lawyers for Cutts, a Canton patrolman accused of killing his pregnant lover last June, argued at a hearing today that expanding the list would help create a more racially diverse panel.
http://www.ohio.com/news/break_news/11484501.html
11/05/07
CANTON, Ohio - A high school classmate of a suspended police officer who is accused of killing his pregnant girlfriend pleaded guilty Monday to helping dispose of the body and agreed to testify against him.
Myisha Ferrell, 30, quietly pleaded guilty to complicity to abuse a corpse and obstruction of justice — for lying to authorities — just before opening statements were to begin in her jury trial. She was sentenced to two years in prison but will be eligible for release after one year as part of a plea deal.
The plea gives prosecutors a witness with firsthand knowledge of the crime, but it leaves many questions in the case publicly unanswered until Bobby L. Cutts Jr.'s trial on aggravated murder and other charges begins Feb. 4. He could face the death penalty if convicted.
Researched by Cloey
References:
The Canton Repository
Wikipedia
http://www.cleveland.com/jessiedavis/
http://www.woio.com/Global/SearchResults.asp?vendor=wss&qu=bobby+cutts+confession
http://www.amw.com/features/feature_story_detail.cfm?id=1955&mid=0
http://blog.cleveland.com/metro/2007/06/officials_search_bobby_cutts_j.html
http://abcnews.go.com/TheLaw/story?id=3320952&page=1
http://www.foxnews.com/story/0,2933,286887,00.htm
http://www.youtube.com/watch?v=phGYXDLFhIY
http://www.youtube.com/watch?v=jLabj2GXHS4