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February 15, 2008
Posted: 08:01 PM ET

NEW YORK – Hand me a tissue, please. I’m about to be sick. Criminal defendants who lie through their tears in an effort to engender our sympathy deserve an extra consecutive sentence tagged onto their punishment.

Take for instance Bobby Cutts Jr., an Ohio police officer who was found guilty Friday of aggravated murder, a death penalty-eligible crime. The verdict was reached just four days after he led us down a tearful garden path on the witness stand.

A blubbering Mr. Cutts tried to persuade the world he was so frightened after “accidentally” killing his girlfriend, Jessie Davis, nine months pregnant at the time and the mother of his 2-year-old son, that he wrapped her body and dumped her in a national park, abandoning the toddler at the murder scene.

The hungry child was found wandering in a soiled diaper, near an open bottle of bleach (Prosecutors said it was used to destroy forensic evidence.) more than 24 hours later. For nine days, Davis and her fetus were left to rot, while 2,000 volunteers searched for her, and while Cutts pleaded with the country for her safe return.

It brings to mind Susan Smith, another peach of a criminal defendant, who back in 1994 tried to convince everyone that she’d been the victim of a carjacking in which a black man had abducted her two precious baby boys. The story was simply riveting. For nine days we listened to her repeated pleas for the safe return of those boys. Then police discovered Smith had strapped those children into their car-seats and rolled the vehicle into a lake, drowning them to appease her boyfriend. She’s serving 30 to life in South Carolina.

Next up, Scott Peterson, the murderous husband who in 2002 killed his wife, Laci (also nine months pregnant). For four months, Laci Peterson’s body and that of their unborn son, Conner, decomposed under the waters of San Francisco Bay. All the while, Peterson tearfully navigated his way through countless interviews, pleading for us to help find his beloved wife. But a jury convicted him of the crime, and he is now rotting on death row.

The unbridled insolence, the contemptuous gall, and the shameless audacity of these uncommon criminals all serve to highlight why we employ aggravating and mitigating penalty phases in American jurisprudence. Some people’s crimes are beyond the pale. And just when you think they can’t get any worse, they do. These liars cry like babies, and beg for our love and our sympathy. More often than not we oblige. But when their duplicitous deceit is exposed, we at least get retribution, sentences that equate to a lifelong “time-out” or a deadly “lights-out.”

Ashleigh Banfield, In Session anchor

Filed under: Ashleigh Banfield • Trials


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Red   February 15th, 2008 8:58 pm ET

I agree, we give these people to many rights for them to whine and pretend cry. What about that poor women and baby, did they get a chance to cry.

elena   February 15th, 2008 9:10 pm ET

I just hope that they are not convicting what could have possibly been an accident.

Jiggy   February 15th, 2008 10:20 pm ET

Amen, Ashleigh. Amen.

These people are beyond pathetic.

Marcene   February 15th, 2008 11:10 pm ET

I used to live in Lake Township in Uniontown, OH and my parents and most family still live there. I also served on grand jury a few yrs back in Stark County, Canton, OH.
I have followed your show lately the past couple weeks. I did not hear or read all the testimonies during the Cutts trial, but I was wondering if the question ever came up for jurors as I was thinking: I don’t know how tall Bobby Cutts is, but I’m guessing he is several inches taller than Jesse, and if he elbowed Jesse Davis as he demonstrated in court which looked like a high elbowing and not a low one at his waist, and she was only 5′2″ , then how could he possibly have hit her in the neck/throat area??? It just doesn’t make any sense to me.
I had no doubts they would find the man guilty, but will stay tuned to see if the jury will recommend a death sentence. I personally think he deserves the death penalty and then he will have to wait and anticipate his own death, but sometimes I think a life sentence without parole could be worse knowing you’ll never get out of there. Just my thoughts- Thank you.
Marcene- Cedar Rapids, Iowa

michael   February 16th, 2008 5:29 am ET

very well put; firey eloquence.

Joyce   February 16th, 2008 5:41 pm ET

You are so right, Ashleigh, this cry-baby killer should be ‘lights out’ and the sooner the better. In the above picture it looks more like he is smiling behind that tissue that, I might add, has not one tear on it or on his cheeks!

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About this blog

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.

Contributors
Ashleigh Banfield
Co-anchor of the daily trial program Banfield and Ford: Courtside
Ashleigh Banfield
Jack Ford
A former prosecutor and co-anchor of the daily trial program Banfield & Ford: Courtside
Jack Ford
Lisa Bloom
Anchor of the daily trial program Lisa Bloom: Open Court
Lisa Bloom
Jami Floyd
Former defense attorney and anchor of her own daily program Jami Floyd: Best Defense
Jami Floyd
Fred Graham
Senior Editor Fred Graham covers legal news in Washington, D.C.
Fred Graham
Jean Casarez
Attorney Jean Casarez covers trials around the country
Jean Casarez
Beth Karas
Former prosecutor Beth Karas covers trials around the country
Beth Karas
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