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By Phil Trexler
Beacon Journal staff writer
POSTED: 11:11 a.m. EST, Feb 15, 2008
CANTON: Defense attorneys say their fight now is for the life of Bobby Cutts Jr.
The former Canton police officer was convicted today of murder in the death of Jessie Marie Davis and aggravated murder in the death of her unborn child. He now faces a potential death sentence.
Jurors will reconvene on Feb. 25 to begin hearing mitigating evidence before deliberating on a sentence.
Cutts was convicted of two aggravated murder charges and death specifications related to the death of Davis' unborn child. One count related to the termination of a pregnancy, the second for the death of a viable fetus.
He was also convicted of aggravated burglary, abuse of a corpse and child endangering.
Emotions were essentially nil in the courtroom before and after the verdicts were announced. Cutts maintained a stiff jaw and looked straight ahead as a series of guilty verdicts were announced.
Audrey Davis, the victim's sister, wiped her eyes. Her father, Ned Davis, wiped a tear.
Patty Porter, Davis' mother, maintained her composure, displaying no outward emotion. The same was seen on the face of Renee Jones, Cutts' mother. Bobby Cutts Sr., who appeared in court for most of the trial, was not in the courtoom.
One female supporter of Cutts left the courtroom in tears several minutes after the verdicts were announced.
Prior to the jury's appearance, Common Pleas Judge Charles E. Brown Jr. warned family members from both sides not to react to the verdict. He said a mere cough from a spectator would be reason for removal.
Defense attorney Myron Watson said the focus now is on Cutts' life.
‘‘We just want to fight for Mr. Cutts because this case is not over. There's a sentencing phase and we're going to fight very hard for him,’’ Watson said.
‘‘We're going to try to save his life, absolutely . . . we're going to keep fighting and fight for his life.’’
Watson said Cutts was disappointed by the verdict.
‘‘Obviously, I think anyone would be disappointed and I think it's reasonable for anyone to be disappointed with the results. But we're not critical of any of the verdicts. This case is not over.’’
In court, defense attorneys Fernando Mack and Carolyn Kaye Ranke asked the judge to declare a mistrial. They contend that the jurors verdicts with regard were legally inconsistent.
The defense cited the jury's decision to acquit Cutts of aggravated murder for Davis' death, but convicting him of the same offense for the death of the fetus and aggravated burglary.
Ranke pointed the dates of the verdicts and the fact that jurors voted on the burglary conviction after reaching verdicts on the aggravated murder charges, two of which relied on a finding that Cutts had committed burglary during the course of a planned killing.
The aggravated murder count related to Davis' death came Wednesday along with the guilty verdict on the first aggravated murder charge connected to the unlawful termination of her pregnancy.
The third aggravated murder count ` for killing a viable fetus ` came Thursday. The aggravated burglary verdict was reached this morning.
‘‘We believe this shows the jury had lost its way,’’ Ranke told the judge.
Assistant prosecutor Dennis Barr disagreed, arguing to the judge that the verdicts are consistent and that the jury ‘‘followed the law, looked at the evidence and made adequate findings.’’
Brown denied the defense motion.
A gag order on attorneys and witnesses was extended until after the sentencing hearing.
Family members of Davis and Cutts left the courtroom in a hurry escorted by sheriff's deputies to avoid commenting to reporters. They walked through a throng of media and on-lookers positioned outside the courtroom and some Cutts family members were followed to their car by news cameras.
Prosecutors shooed away reporters seeking comment. Barr said the gag order prevents him from talking to the press.
Defense attorneys met with reporters briefly. They cited the same gag order as prosecutors and were guarded in their comments to reporters.
‘‘Once the mitigation phase is over, we'll have plenty to comment on,’’ Mack said. ‘‘I just think that we have to soak this in, make an evaluation and comply with that gag order.’’
Ranke said Cutts is ‘‘doing OK.’’
‘‘We're all remaining strong and continuing our fight,’’ she said.
Prosecutors are expected to ask that jurors recommend Cutts be executed. Brown will issue the final sentence, but he cannot increase a jury's recommended life sentence to a death sentence.
Jurors can recommend death, life in prison with no parole, or life with parole after 30 or 25 years on each of two counts of aggravated murder.
Cutts, a former Canton police officer, was on trial this month accused of killing Davis, who was nine months pregnant with his child, on June 14 inside her Lake Township home. He admitted dumping her body in an open field.
He led authorities to her body on June 23. By that time, the bodies of Davis and her fetus were too decomposed to determine how they died. A co-defendant testified that he strangled Davis, a claim prosecutors supported in their arguments to jurors. A medical examiner said strangulation was a possible cause of death.
Cutts, 30, testified that he struck Davis, his lover for three years, with his elbow during a quarrel inside her home. He said he panicked and took the body with him, leaving their 2-year-old son, Blake, alone.
The boy was found a day later by his grandmother. When asked where his mother was, the child replied, ‘‘Mommy's in the rug,’’ ‘‘Mommy was crying’’ and ‘‘Daddy's mad.’’
At the time, Cutts denied any knowledge of Davis' whereabouts. The boy's words were repeated in court testimony by Davis' mother, Patty Porter and a sheriff's deputy.
A friend of Cutts' also testified that the former officer, a month before the killing, jokingly said he wanted to kill Davis and dump her in the woods.
Defense attorneys wanted jurors to acquit Cutts. They contended there was no evidence of aggravated murder and that the killing was unintentional. They criticized prosecutors, claiming they tried to use emotion and Cutts' extramarital affairs and his financial situation to deflect a lack of evidence of a murder.
CANTON: Defense attorneys say their fight now is for the life of Bobby Cutts Jr.
The former Canton police officer was convicted today of murder in the death of Jessie Marie Davis and aggravated murder in the death of her unborn child. He now faces a potential death sentence.
Jurors will reconvene on Feb. 25 to begin hearing mitigating evidence before deliberating on a sentence.
Cutts was convicted of two aggravated murder charges and death specifications related to the death of Davis' unborn child. One count related to the termination of a pregnancy, the second for the death of a viable fetus.
He was also convicted of aggravated burglary, abuse of a corpse and child endangering.
Emotions were essentially nil in the courtroom before and after the verdicts were announced. Cutts maintained a stiff jaw and looked straight ahead as a series of guilty verdicts were announced.
Audrey Davis, the victim's sister, wiped her eyes. Her father, Ned Davis, wiped a tear.
Patty Porter, Davis' mother, maintained her composure, displaying no outward emotion. The same was seen on the face of Renee Jones, Cutts' mother. Bobby Cutts Sr., who appeared in court for most of the trial, was not in the courtoom.
One female supporter of Cutts left the courtroom in tears several minutes after the verdicts were announced.
Prior to the jury's appearance, Common Pleas Judge Charles E. Brown Jr. warned family members from both sides not to react to the verdict. He said a mere cough from a spectator would be reason for removal.
Defense attorney Myron Watson said the focus now is on Cutts' life.
‘‘We just want to fight for Mr. Cutts because this case is not over. There's a sentencing phase and we're going to fight very hard for him,’’ Watson said.
‘‘We're going to try to save his life, absolutely . . . we're going to keep fighting and fight for his life.’’
Watson said Cutts was disappointed by the verdict.
‘‘Obviously, I think anyone would be disappointed and I think it's reasonable for anyone to be disappointed with the results. But we're not critical of any of the verdicts. This case is not over.’’
In court, defense attorneys Fernando Mack and Carolyn Kaye Ranke asked the judge to declare a mistrial. They contend that the jurors verdicts with regard were legally inconsistent.
The defense cited the jury's decision to acquit Cutts of aggravated murder for Davis' death, but convicting him of the same offense for the death of the fetus and aggravated burglary.
Ranke pointed the dates of the verdicts and the fact that jurors voted on the burglary conviction after reaching verdicts on the aggravated murder charges, two of which relied on a finding that Cutts had committed burglary during the course of a planned killing.
The aggravated murder count related to Davis' death came Wednesday along with the guilty verdict on the first aggravated murder charge connected to the unlawful termination of her pregnancy.
The third aggravated murder count ` for killing a viable fetus ` came Thursday. The aggravated burglary verdict was reached this morning.
‘‘We believe this shows the jury had lost its way,’’ Ranke told the judge.
Assistant prosecutor Dennis Barr disagreed, arguing to the judge that the verdicts are consistent and that the jury ‘‘followed the law, looked at the evidence and made adequate findings.’’
Brown denied the defense motion.
A gag order on attorneys and witnesses was extended until after the sentencing hearing.
Family members of Davis and Cutts left the courtroom in a hurry escorted by sheriff's deputies to avoid commenting to reporters. They walked through a throng of media and on-lookers positioned outside the courtroom and some Cutts family members were followed to their car by news cameras.
Prosecutors shooed away reporters seeking comment. Barr said the gag order prevents him from talking to the press.
Defense attorneys met with reporters briefly. They cited the same gag order as prosecutors and were guarded in their comments to reporters.
‘‘Once the mitigation phase is over, we'll have plenty to comment on,’’ Mack said. ‘‘I just think that we have to soak this in, make an evaluation and comply with that gag order.’’
Ranke said Cutts is ‘‘doing OK.’’
‘‘We're all remaining strong and continuing our fight,’’ she said.
Prosecutors are expected to ask that jurors recommend Cutts be executed. Brown will issue the final sentence, but he cannot increase a jury's recommended life sentence to a death sentence.
Jurors can recommend death, life in prison with no parole, or life with parole after 30 or 25 years on each of two counts of aggravated murder.
Cutts, a former Canton police officer, was on trial this month accused of killing Davis, who was nine months pregnant with his child, on June 14 inside her Lake Township home. He admitted dumping her body in an open field.
He led authorities to her body on June 23. By that time, the bodies of Davis and her fetus were too decomposed to determine how they died. A co-defendant testified that he strangled Davis, a claim prosecutors supported in their arguments to jurors. A medical examiner said strangulation was a possible cause of death.
Cutts, 30, testified that he struck Davis, his lover for three years, with his elbow during a quarrel inside her home. He said he panicked and took the body with him, leaving their 2-year-old son, Blake, alone.
The boy was found a day later by his grandmother. When asked where his mother was, the child replied, ‘‘Mommy's in the rug,’’ ‘‘Mommy was crying’’ and ‘‘Daddy's mad.’’
At the time, Cutts denied any knowledge of Davis' whereabouts. The boy's words were repeated in court testimony by Davis' mother, Patty Porter and a sheriff's deputy.
A friend of Cutts' also testified that the former officer, a month before the killing, jokingly said he wanted to kill Davis and dump her in the woods.
Defense attorneys wanted jurors to acquit Cutts. They contended there was no evidence of aggravated murder and that the killing was unintentional. They criticized prosecutors, claiming they tried to use emotion and Cutts' extramarital affairs and his financial situation to deflect a lack of evidence of a murder.
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