Jessie Davis Case: The Sentence

On Wednesday afternoon the jury in the murder of Jessie Davis returned its sentence recommendation for Bobby Cutts Jr. and Judge Charles E. Brown imposed it. The jury didn't recommend the death penalty; they did recommend maximum sentences on all charges and Judge Brown took it a step further and ruled those sentences be served consecutively which means Cutts won't be eligible for parole until he is eighty-seven years -- 57 years from now.

Before the judge pronounced sentence, Jessie's parents and siblings spoke of the pain of their loss. Bobby Cutts sat like a stone through their heart-breaking statements -- what a difference from from the sobbing man who begged for his life on Monday. You can listen to the statements by the Porter-Davis family members and and read more here.

Here's how his sentence will work:

1. 30 years for the aggravated murder charges in Baby Chloe's death.

2. 15 years for the Jessie Davis' murder.

3, 10 years for aggravated burglary.

4. 2 years for two counts of gross abuse of a corpse.

Total: fifty-seven years before he would be eligible for parole. Had the judge designated that the terms be served concurrently, Cutts would have been eligible for parole after thirty years.

Was it a fair verdict? I don't know. The jury's foreman said that we didn't see what they did. What I do know is that Bobby Cutts is going to have a long time to think about it. And, of course there will be an appeal but given the tight rein Judge Brown kept on procedures, I'm thinking that that could well be to no avail. Today Bobby Cutts in the state correctional facility up in Lorain.

I just hope and pray that all the families involved can find some peace.

Kay Dennison

Jessie Davis Case: Sentencing Begins

The first day of the sentencing hearing in the murder of Jessie Davis began today. It will take at least another day until sentencing will take place. The defense team for Bobby Cutts Jr. has a list of sixteen people who will give testimony on his behalf. Judge Charles E. Brown sent the jury home at the end of today's session and told them to come back with their luggage so they will be sequestered again for the deliberation of his sentence.

On the stand today were his parents, his partner on the police force, his ex-wife and others including a psychologist. The last witness of the day was Cutts himself.

He took the stand with prepared notes and tearfully apologized to his family, Myisha Ferrell, the Davis family, his ex-wife, his children and his friends for being untruthful. He again mentioned panicking when Davis died. He ended his testimony, sobbing, by entreating the jury to spare his life.

Tomorrow, the remaining witnesses will testify and after closing statements and the jury will begin to consider his sentence and make the recommendation. Cutts could face the death sentence.

I'm not betting he'll get the death sentence. This county isn't known for imposing it. The thing that still bothers me is that he's never said why he waited nine days to tell law enforcement officials where Jessie's body was buried. I don't envy the jurors -- deciding whether someone lives or dies isn't something I'd want to have to do. If you're interested, you can read more about it here.

I'll be back with the sentence when Judge Brown delivers it.

Kay Dennison

Comfort food and Other Stuff

It's sunny but cold today and I still haven't dragged myself out for my newspaper. I missed Mass this morning because I'm still feeling lousy. It warmed up a bit so most of the snow melted which means it'll save me a ten spot or so. Allegedly, more snow will be here to replace it by Wednesday.

* Yesterday morning I got up and hobbled around here like the old lady that I'm becoming. I felt dizzy and achy and generally awful. What didn't ache, hurt and what didn't hurt, ached. After a few hours of attempting to get things done and failing miserably, I forced myself to shower and get dressed and made myself go out to The Evil Empire. I usually avoid that wicked place but there are a couple things I can't get other places that I buy there. While I was at it, I bought some groceries, too, so there would actually be food around that I might actually eat. While I was wandering the aisles, I had a sudden huge craving for Comfort Food. (You know -- the stuff that mom used to make when you were sick or the classics from your childhood in the good old days when families actually sat down together for supper every day at 5 o'clock.) Comfort Food isn't the same if you have to make it yourself. The last thing anyone wants to do when they don't feel well is cook. The light bulb in my brain lit up as I realized that my favorite source of comfort food was nearby. There was nothing to be done at that moment but escape the Evil Empire and head over to Pete's. Pete's is a really nice, reasonable restaurant on my side of town with a wonderful menu of Comfort Food and serves breakfast all day which is something I like a lot. I sometimes like breakfast for supper. It's probably no great surprise to y'all that Pete's has a rather large clientele of elders. Pete and his friendly, very competent, staff make everyone feel welcome -- even if you come in alone. (Has anyone but me noticed that going out to eat alone can make one feel like a leper?) The Muzak is 50s and 60s music and can spawn discussions between tables about the recording artist and Pete has been known to go back to his office and check the 'Net to settle friendly disagreements. In short, it's a fun place to eat. I ordered the hot meatloaf sandwich on excellent bread and swimming in really excellent gravy with a side salad and a cup of coffee that never was empty until I asked for my check. It was just what I needed. When I left, I actually felt somewhat human again. I need to get to Pete's more often and, even better, it's on my side of town.

* Hillary's people were by to see me today. I told them that I wasn't sure that Hilly-gal -- or anyone else -- was my cuppa. The woman kept telling me that we need a woman in the Executive Office. I was nice and said nada. The guy asked me what I thought of Bill Clinton as a Supreme court justice. I told him that I tried very hard not to think of such a thing. It did tell me what Bill's prize for keeping his pants zipped during the campaign (as far as we know) could be if Hillary is elected. I brought up HR:1955/S.1959 and the lady wrote the numbers down and I mentioned that since all of the candidates voted for the Patriot Act except Mike Huckabee who wasn't in a position to do so but probably would have, and the man the media ignores most: Ron Paul, I have a problem with ALL of them.

* Now that I've bashed the Democrats, I am going to give equal time to the Neocons. I'm an Equal Opportunity kind of girl. Has anyone besides me noticed that the Neocons are, for the most part, just plain nasty? I get emails with their opinion pieces attached and these so-called Christians are positively vicious in their cause. If that's being a Christian, it's time for me to re-think my faith. Ghandi once said: "I like your Christ, I do not like your Christians. Your Christians are so unlike your Christ." It rings very true for me when I hear or read some of the venom spewed by the conservative media. That these people have passed some of the most heinous pieces of legislation since the Alien and Sedition Acts furthers that belief and scares the hell outta me. I'm seriously considering becoming an expatriate.

* Coming soon: Tomorrow morning the judge will impose sentencing on Bobby Cutts Jr. in the murder of Jessie Davis and their unborn daughter, Chloe. The defense thinks the verdicts were inconsistent. We'll see what Judge Brown thinks. I will have the verdict for you here Tuesday or late Monday. On Wednesday, "How I Got to Be Me" will continue.

Happy Blogging!!!!!!!!!!!

Kay

Jessie Davis Case: The Jury Is In Redux

After deliberating late last night, this morning the jury in the Jessie Davis Case returned its verdict against Bobby Cutts Jr.

Six men and six women determined that Cutts is guilty of two aggravated murder charges in the death of his daughter, Baby Chloe, and murder in the death of Jessie Marie Davis. Aggravated murder in Ohio is a death penalty offense. Cutts was also found guilty of aggravated burglary, two counts of gross abuse of a corpse and child endangering (for leaving little Blake, his son, alone for over twenty-four hours).

On February 25th, the jury will recommend Cutts' penalty; they have four choices: death, life without parole, life with a chance of parole after twenty-five years and life with a chance of parole after thirty years. Judge Charles E. Brown will consider the jury's recommendation in determining Cutts' sentence. A gag order is in place so neither family has spoken with the press after the verdict was announced.

Judge Brown maintained iron control throughout the trial and today was no exception. He cautioned the packed room, "If anyone so much as coughs, they will be removed." regarding the reading of the verdict. Cutts, according to reports, showed no emotion when the verdict was read.

His attorney asked for a mistrial calling the verdicts inconsistent so I'm guessing that was groundwork for an appeal and this drama will continue for a long time.

I thought it was a pretty good verdict. I got a bit tired of people saying what a good guy Cutts is. A good guy isn't unfaithful to his wife. A good guy doesn't run out and leave his 2-year old son alone. A good guy takes responsibility for his actions. A good guy doesn't even think about hitting a pregnant woman. I could go on but I think you get my drift.

I feel sorry for both families -- the stress of all this is has to be taking its toll on them. They are in my prayers.

Kay Dennison

Jessie Davis Case: The Trial

It's been hectic here and I apologize for not bringing you good folks up to speed on this sooner. Life intrudes. I'll be so glad when this week is over.

It had been predicted that the Jessie Davis trial would take a month. Unless the jury is out an outrageously long time, that won't happen. The prosecution presented and rested its case last week. The defense rested Monday and the jury, which has been sequestered, began deliberation yesterday and, as of this afternoon, has not reached a verdict.

The Stark County Court house is not allowing laptops or cell phones or laptops in the building for the duration of the trial and court rooms were rearranged to allow room for spectators and the media as well as a press room for the media. And an entire block nearby has been blocked off for the satellite trucks and vans from over fifteen news sources. It's interesting to note that the national media is not a presence after their intense coverage in June when Jessie was missing. In the few journalism courses I took in college, I was taught that a good reporter always follows a case to its conclusion. Maybe they don't teach that anymore and Super Tuesday rhetoric obviously takes precedence.

Last week the prosecution presented its case. As it was suspected, the coroner had a difficult time establishing the cause of death due to decompoisition during the nine days she and here unborn child was missing but stangulation was named as the most likely cause. Myisha Ferrell was the key witness for the prosecution as she accompanied Bobby Cutts Jr. when he buried Jessie in a park in Summit County. According to her testimony, she did not participate in the burial but Cutts allegedly picked her up to watch Blake, his son with Jessie Davis and she didn't know until Cutts told her that Davis body was in the bed of his truck wrapped in a comforter. The thirty-six defense witnesses also included Davis' mother. Sheriff's deputies, and the other women with whom Cutts was involved (one of whom was also pregnant and terminated the pregnancy) with in addition to his wife and Ms. Davis. A male friend testified that while on duty as a Canton City policeman, Cutts would come visit and play video games. I don't think I need to comment on what I, as a taxpayer, think of that.

This week Bobby Cutts surprised everyone and took the stand in his own behalf. He painted Ms. Davis' death as an accident as a result of an argument between the two of them. His testimony is the hottest topic in town and you can hear it here. Some of the questions being asked by the people I've spoken with range from "Couldn't he come up with a better story than that?" to "A cop didn't know proper CPR or how to call 911?" You can see both print and video coverage here.

My take -- and that of a lot of others here -- is that while there are some questions as to whether Davis's death was accidental, she was nine months pregnant and her daughter may have been able to be saved. If anyone reading this has ever been pregnant, she knows that is the truth. Bobby Cutts Jr. was a trained professional and panicking, as he says he did, doesn't really ring true. I have watched our policemen in action for decades and several, now retired of course, are old friends. They are mostly good men who do their job well and face crisis, whether on duty or not, in a professional manner.

This whole case is a tragedy and I hope and pray the jury considers it carefully and takes all the time it needs. I'm trying very hard to be fair and impartial but a young mother's and her baby girl's lives were taken and I find that horrifying.

Kay Dennison

Jessie Davis Case: Gearing up for Trial

The jury for the trial of Bobby L. Cutts, Jr., the accused murderer of Jessie Marie Davis and their unborn daughter, Chloe, was seated Wednesday. Six men and six women will decide the fate of Cutts, who has pleaded innocent to three charges of aggravated murder, two counts of gross abuse of a corpse, aggravated burglary and misdemeanor child endangering.

If convicted, Cutts, a former Canton police officer, could face the death penalty.
As predicted, Cutts' attorneys requested a change of venue this morning when Judge Charles E. Brown heard several motions from Cutts' defense team.

Judge Brown denied the change of venue motion and left the death penalty specification in place. He also ruled that statements made by Jessie Davis' and Cutts' son, Blake, 2, made about his missing mother when his grandmother found him alone in their home may be used in the trial. The defense had attempted to have them dismissed as hearsay.

Testimony will begin on Monday. It will be interesting to see who testifies and what they have to say. I will also be interested in seeing what sort of defense Cutts' legal team has planned to support his plea of innocence. I'm assuming the key witness will be Myisha Ferrell, Cutts' friend who assisted him in hiding Jessie's body. She is testifying against Cutts as per a plea agreement with the County Prosecutor. If she fails to testify truthfully, her plea agreement can be thrown out of court so it's in her best interest to tell what happened.

I really feel for Jessie Marie's family. For the next month, they have to relive the horror of Jessie's disappearance and death and the tragic loss of their grandaughter. I feel sorry for Bobby Cutts' family, too. They, too, have carried a heavy burden throughout this tragedy; they, too, have lost a grandchild. This has to be taking a terrible toll on all parties involved.

This case has astounded me from the beginning -- that it happened here shocked me even more. I never cease to be amazed what we humans do to each other. It really saddens me. I only hope that the trial doesn't last the month that's been predicted. I pray that justice is served. The families and the community need to heal.

I'll be back with updates next week. You can, as always, read more here.

Kay Dennison

Jessie Davis Case: The Circus Is Returning Soon

The photo above depicts the clock tower on our beautiful County Courthouse. Legend has it that the angels whisper among themselves about what happens there. I wonder what they're saying about the upcoming trial and media circus.

I haven't written about the Jessie Davis murder case in a while because things have been pretty mundane and quiet -- the usual legal wranglings have been going on of course.

Both Myisha Ferrell and Bobby Cutts waived the right to a speedy trial. Myisha Ferrell's trial was set for November and a jury was empaneled from a larger pool than usual -- no big surprise -- and on the morning her trial was due to begin she accepted a plea agreement. Ms. Ferrell, 30, agreed to plead guilty to obstructing justice and complicity to gross abuse of a corpse and serve a two year sentence in prison (with the possiblity of early release) and testify against Bobby Cutts Jr. in his murder trial for the murder of Jessie Davis and their unborn daughter, Chloe. She will spend at least a year in prison. Her attorney called it a "business decision." She has a nine-year-old daughter and doesn't want to be away from her and that heartens me that she cares enough about her child to consider her well-being.

That brings me to something that's bugged me through this horrible case. How could a woman who is a mother herself participate in this? What kind of hold did Bobby Cutts have on her? If someone called me and asked me to do something like this, I'd be screaming in language not fit for polite company. Just my take.

Her attorney called the deal a very difficult decision emotionally for Ms. Ferrell and came after extensive negotiation. Jurors interviewed after they were excused expressed relief that they would not have to hear the case. I don't blame them.

Cutts' legal team has tried for a change of venue but our prosecutor, John D. Ferrero, has held his ground that Cutts can get a fair trial here and has kept a tight lid on the details of the case and maintains that Cutts can get a fair trial here. Frankly, I've never seen anything kept so quiet in this city. The rumor mill is usually going strong and I applaud our law enforcement, the Prosecutor's office, and the court system for their discretion. Judge Charles E. Brown has issued a gag order so no one involved with the case can say much about it. The trial date is set for February 4th and I expect we will be besieged by the national media again.

A huge pool of jurors was called -- 800 people -- and it's now down to 163 potential jurors. Cell phones and laptops were banned from the courthouse on the days prospective jurors were scheduled to appear. An acquaintance of mine was called and told me that they had to fill out long questionnaires about the death penalty and pre-trial publicity. She said that it seemed to her that the defense team was still trying for a change of venue. She was dismissed on Thursday to her relief as she really didn't want to serve. Selection will continue in the coming week with prosecutors and Cutts' defense team questioning the remaining candidates.

My take on changing venue is that with the huge national media coverage on Jessie Davis and her daughter is that it really wouldn't matter much where they have the trial. I'm just wondering if they've considered sequestering the jury at this point. I wouldn't want to serve on that jury nor would they have wanted me there. Had I been called, all I would have had to do was tell them I blogged about the case and they would have sent me home. On the other hand, I do believe that we have an obligation as citizens of this country to serve if chosen. I just have feelings about this case and don't think I'd be able to be a good juror.

They're predicting that the trial will last a month and I'm exhorting everyone I know to get any business they have downtown -- especially at the Courthouse -- done next week. I predict it's going to be crazy for the duration. I work downtown and, fortunately, our office is far enough away from the Courthouse that we won't be seriously affected by the media circus. Then again, I could be wrong. If anyone is interested in more detail, you can read about it here.

Kay Dennison

The Jessie Davis Case is Back in the News

The murder of Jessie Davis and her daughter Chloe has been inching back into the spotlight over the past couple weeks.

The Summit County coroner finally delivered his verdict and it's official: Jessie Davis and her unborn daughter's death were a homicide. No reasons were given for his finding. Officials are still keeping a airtight lid on information regarding the case and I'm convinced it's because they really want this case tried in Stark County.

Jessie's mother, Patty Porter was granted an extension of the temporary custody give her by Family Court and is requesting permanent custody of Blake Davis, Jessie's son by Bobby Cutts' parents. Cutts' estranged wife filed for divorce three days after his arrest and still refuses to talk to the media. I feel sorry for the families this ordeal has touched. I can only imagine how difficult this is for them.

On Friday an arraignment hearing was held and Bobby Cutts Jr. entered a plea of "Not guilty." to multiple charges: three counts of aggravated murder, aggravated burglary, and child-endangering as well as two counts of abusing a corpse. Our prosecutors didn't mess around -- they threw the book at him.

Cutts has "lawyered up" with new counsel -- a firm from Cleveland that specializes in death penalty cases. Yeah, we have the death penalty in Ohio and, if convicted, he could face up to three death penalties.

In another hearing on Friday, Cutts's accomplice, Myisha Ferrell , also delivered a "Not guilty" to obstruction of justice and gross abuse of a corpse. The Stark County Sheriff is not revealing Ms. Ferrell's role in Jessie Davis' death but she faces up to 6 years in prison if convicted.

In addition, Stark County Common Pleas Judge, Charles E. Brown, Jr., has issued a gag order limiting what can be said in reference to the case. Officials are being careful which tells me how badly they want to keep the trial here.

The Clerk of Courts is putting together a jury pool of five hundred names for Cutts' trial. The County Prosecutor is determined to keep the trial in Stark County. I hope they don't call me. I seem to get called rather frequently -- three times in the past ten years. I don't think they would let me serve anyway -- especially if I tell them I've blogged about it.

It looks like the media circus is over on this case as when I googled it there were few links to the latest events except for our local newspaper. I'm glad -- the families involved don't need any more turmoil. My prayer is that the guilty are punished swiftly so they can deal with their grief and get back to a semblance of a normal life.

Kay Dennison