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February 13, 2008
Posted: 06:03 PM ET

CANTON, Ohio — Day two of jury deliberations and not a peep from the six men and six women deciding the fate of Bobby Cutts Jr. The former Canton, Ohio, police officer is facing murder charges in the slaying of his pregnant girlfriend, Jessie Davis, last June. Cutts’ trial is taking place in the same city he patrolled for six years.

Cutts, more accustomed to testifying for the prosecution, took the stand on Monday in his defense and described the killing as accidental. He said he panicked when Davis fell after he elbowed her in the throat.

Cutts faced a tenacious prosecutor who challenged this explanation and his behavior after the killing, when he drove 25 miles and dumped her body in a park. Perhaps some on the jury are grappling with this explanation of an “accident.”

As I write this, they’ve been deliberating nearly nine hours. Perhaps the jurors are still absorbing the 84 pages of jury instructions, replete with complicated legal definitions, and the 21 pages of verdict forms, each form to be signed by each juror.

Yesterday, shortly after I arrived at the courthouse, I met the attorneys and some family members from both sides. As I sat in the hall outside the locked courtroom, I watched Cutts’ mother and Davis’s father in a close, face-to-face discussion too far away to be within earshot. At the end of what appeared to be an intense dialogue, the two embraced. Not only do they share this tragedy but they share a grandchild. Cutts and Davis have a 3-year-old son, Blake, who now lives with Davis’ mother. When she died, Davis was just a few weeks away from giving birth to their daughter.

If, and only if, the jury returns a guilty verdict to the top charge of aggravated murder and finds at least one of the three “specifications” exists, there will be a penalty phase, scheduled to begin February 25. The state is seeking the death penalty. But this jury will have four choices: death, life without parole, 30 years to life or 25 years to life. Meanwhile, the wait continues.

Beth Karas, In Session correspondent

Filed under: Beth Karas • Trials • Verdict Watch


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Blonde08   February 13th, 2008 7:25 pm ET

It’s such ashame that Ms. Davis had to pass in such a tragic way, by the results of someone else’s careless actions. Even if what Mr. Cutt’s is stating has any truth behind it, he should have called for help. You were a policemen for how long and neglected to call for help? And whats even harder to swallow is the fact that Mr. Cutt’s would leave his 2 1/2 year old child in a house ALONE! I don’t like the thought of my toddler being in a room without an adult near, but heck…Mr. Cutt’s had no porblem just leaving a toddler in an empty house for over 24 hours. What is this world coming to? I think if founf guilty he should be charged with two counts of murder, one for Ms. Davis and another for the almost term fetus, if of course it is proven that it could have survived outside the womb. My thoughts and prayer go out to the Davis family. I’m sorry for you lost of a women and unborn child.

Molly   February 14th, 2008 12:55 am ET

I think that if the jury weighs the evidence with the qualifications for murder, they will have to acquit him. The DA should have also gone for manslaughter-a charge which he could far more easily get a conviction on. Murder requires premeditation and Cutts being a cop, he would have far more insight into how to commit and cover up a crime then what actually happened. I am sorry for the family but if the jury convicts on murder, they should all be prepared for it to be overturned on appeal.

Lora Myers   February 14th, 2008 10:17 am ET

I think more credit should be given to the jurors in some cases. I live in Ohio and had to serve as a juror recently. It was made mention that the lawyers traveled like 75 miles for the trial. I had to drive 76 miles one way everyday to be a juror. I don’t know how it is done in other states, however I know where I am from that if you live in the Federal Jurisdiction you can be called as a juror, distance doesn’t matter and all the initial expense for gas, parking, and eating are yours. Over half of us who served on the jury trial lived between 60 and 76 miles away, 2 lived in that particular city and the others lived 30-60 miles away. We were an all white jury with a black male defendant, where race was never an issue with us. I get tired of hearing about race always being an issue. Never once was the color of ones skin come up in discussion. I don’t think jurors are given the credit they deserves. At least in our case we all put forth every effort for fairness, even though at times we were very frustrated with the way we were treated as jurors. It is true that dispite what you may personally feel if the prosecution does not do their job, there is nothing a juror can do but follow the letter of the law in that jury room. Those forms we have to sign (each and every one of us, on each and every form) are specifically spelled out and you can’t say “well I think this or that” if the proof is not there thats it, its not there. We don’t leave common sense at the door, as a matter of fact when listening to “Experts” common sense plays a big roll sometimes. In our case we were allowed to ask questions of the witness when the lawyers were done (written questions, that had to be o.k. by both lawyers and judge) we asked logical questions, some of us asked questions we were sure we knew the answer to but the “Expert” didn’t give the appropriate response you could tell they were being evasive. Which you get in deliberations and you talk about the credibility of them, so the lawyers and “experts” tend to make things worse for the jurors.

Kari   February 14th, 2008 12:57 pm ET

Bobby Cutts knew what he was doing. I am a police officer and you are trained how to handle certain situations. He had fake tears during his testomony. He went into detail and “made up” reasons for the actions he took to COVER up his crime. I remember as a little girl my dad telling me that men dont hit women. What ever happend to that? And why did he leave his little boy? That goes to show that he is a bad parent, not just a cold blooded killer.

TW   February 14th, 2008 1:14 pm ET

“Accident”? I accidently punched her in the throat?! I tried to revive her with CPR and bleach? You are a police offcer, you have been trained to respond to accidents and crime scenes…the trained response is to administer aid and call for additional assistance. If her death was a accident, why not attempt to save the life of your unborn child? …He paniced? Why, because he had just murdered his pregnant girlfriend in front of his child! He then leaves the child behind unattended in order to cover up his misdeeds. This is not manslaughter…and the prosecution is right on to go for the murder charge. His explanations (excuses) are flimsy to say the least.

nancy   February 14th, 2008 1:55 pm ET

guilty…and he knows it…he is the exact reason the law enforcement is looked upon so gravely…he will get what he deserves in prison … oh and he knows it too…
idiot

Kathy   February 14th, 2008 2:00 pm ET

Regarding them showing the interviews that Bobby Cutts did…would the predjudice out weigh the probative?

Sherran   February 14th, 2008 2:04 pm ET

Mr. Cutts had a wife. I think that’s why he didn’t call the police. All of his relationships were probably hanging on with a thread. Why young people keep having sex with out protection is beyond me. Nonetheless, I think he accidentially killed her. I don’t think he loved her or the baby. Just himself. I think he should get 30 to life. I think the pressures mounted up on him and he accidentially killed her–I don’t think he went there to kill her.

mayfiesh   February 14th, 2008 3:00 pm ET

This happened in my town, down the street from a school in my town, around the corner from where I shop. I felt protected by the police in my town, and I still do. Bobby Cutts admitted to killing Jessie Davis, and his training and upbringing lend to his knowing right from wrong. He will be found guilty by a jury of my peers from my town, who dont want this to happen in our town, ever again.

Kim P   February 14th, 2008 3:29 pm ET

I don’t get why Cutts waited to get on the stand to tell his story. Why didn’t we hear about it before? I also think that being a Police officer makes it easy to make things up. He KNOWS the system. Also I didn’t beleive the tears on the stand.

Tim   February 14th, 2008 4:03 pm ET

The one thing that will make this a win for the DA is that bleach will never be used to revive a victim!!!

Frances in NC   February 15th, 2008 8:38 am ET

Ok - first of all, bleach, to the best of my knowledge, is NEVER used to try to revive someone. Smelling salts are made from ammonia.

Second, he was trained as an officer to handle emergency situations and even when faced with a personal emergency, formal training that has been drilled into your head over a period of time, not to mention handling many emergency calls over time, well, that training does not just fly out the window. He killed her, he covered it up and knowingly kept that information to himself. Though it may not have been premeditated, it is still murder.

My final point is this: Those who are empowered to protect and serve the public in the name of upholding law should be held to a higher standard when it comes to breaking those laws that they are employed to enforce.

Elvira   February 15th, 2008 4:02 pm ET

Congratulations to Mr Dennis Barr on a well done summation in the end and I think it put the icing on the cake so to speak. Also, I feel Judge Charles Brown Jr. maintained a well ordered courtroom throughout the complete trial. I was very happy with him not declaring a mistrial. Hold your heads up because when I heard she was missing and was dating a policeman; I figured he had something to do with her disapperance. The more I kept up with the trial the more it appeared to me he was GUILTY. Thanks to eack juror that deligently and intently listened to the case and did a fine JOB with the outcome. I consider each of you to be extremely intelligent. I wished I would’ve been a juror or the foreman. I would love to give each one of you the biggest hug in history. The verdict was true and as authentic as could be.

jane jones   February 28th, 2008 2:38 pm ET

enough with bobby cutts. please broadcast another trial.

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Sidebar takes you behind the scenes of the day's legal headlines with breaking news and in-depth analysis from In Session's anchors and correspondents.

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Ashleigh Banfield
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Former prosecutor Beth Karas covers trials around the country
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