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Monday, October 29, 2007

[OH] Moves toward 1st trial in killing of Officer Cutt's girlfriend & full-term daughter, Jessie and Chloe Davis

Previous entries:
Waiting for the beginning of the truth
[OH] Officer Cutts in court for murdering Jessie & unborn baby Chloe
Ohio media could give life from Jessie's death, but sleep.

Autopsy ruling OK'd for trial use
Judge denies defense attempt to block testimony by medical examiner in first Jessie Marie Davis case

Beacon Journal
Phil Trexler
Oct 27, 2007
A judge on Friday denied a defense motion that claimed the autopsy findings in the death of Jessie Marie Davis should be excluded at a trial because they are "pure speculation"... [Defense attorney John] Alexander wants the doctor's testimony barred from the trial of Myisha Ferrell, which starts Nov. 5. Ferrell is accused of obstructing justice and abuse of a corpse... Ferrell, 30, is accused of helping Canton patrolman Bobby Cutts Jr. move Davis' body and then lying to investigators while the pregnant Lake Township woman was missing for nine days last June. An extensive jury selection process for Cutts' trial is to begin Dec. 3. Testimony is not expected until Feb. 4. Cutts faces a possible death sentence if convicted of aggravated murder of Davis and her unborn child. Kohler ruled that Davis, 26, died last June inside her Lake Township home of "unspecified homicidal violence." No cause of death, such as blunt force trauma or strangulation, could be determined because of extensive decomposition... Prosecutors said the [police] reports relate to Davis' normal health and pregnancy. They also include the apparent struggle that took place inside her home and her body being wrapped in a blanket and left in a field for more than a week last summer... Prosecutors contended that [Myisha] Ferrell told others during the time that Davis was missing that Cutts was responsible for the slaying. They also said Friday that she refused to take a lie-detector test, a claim the defense denied... Her attorney said that duress the fear that Cutts would retaliate if she went to police might play a part in her defense to the charge of lying to police. Prosecutors are fighting wide use of the duress defense... Alexander also wanted to bar prosecutors from introducing hearsay testimony on any statements Ferrell might have made to friends or others about Cutts and the slaying... Assistant prosecutor Dennis Barr said the statements should be allowed because they relate to the obstruction charge...

Myisha Ferrell trial set next week
Canton Repository
BY Shane Hoover
Saturday, October 27, 2007
...And while there will be evidence that Cutts killed Davis, it's Ferrell that will be on trial first, Assistant Stark County Prosecutor Chryssa Hartnett told the judge. Alexander said prosecutors should have to prove all the elements of aggravated murder because it's linked to Ferrell's obstructing-justice charge. Brown withheld ruling on that issue and several others involving the final set of legal instructions he will give the jury. Nor did he immediately rule on defense requests to:
- Question investigators on whether Ferrell was offered a polygraph.
- Exclude hearsay testimony of Cutts' alleged statements.
- Exclude Ferrell's statements regarding her alleged substance abuse.
Some of the issues won't be resolved until the trial is underway and the judge has had a chance to hear the evidence...


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