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Cutts Trial Blog Day 5: Jessie's Body Partially Skeletonized, Medical Examiner Says

3:25pm Attorneys, Bobby Cutts Jr. and the Judge are all leaving the courtroom as things have officially wrapped up for the day. Court will resume at 8:30 Monday morning with the defense calling its first witness. Day Five is over.

3:20pm The defense has said that it will in fact call witnesses. Those people will be called on Monday. Judge Brown has indicated that he is hopeful that the defense would rest before the end of the day on Monday and that closing arguments could start at 8:30 Tuesday morning. The defense also asked Judge Brown to allow the jury to consider lesser charges including involuntary manslaughter. No word yet on whether Brown will allow that. Arrangements have already been made for the jury to be sequestered starting on Tuesday. Should the defense's case go into Tuesday, it's still likley that closing arguments will come on Tuesday and the jury will get the case that day as well.

2:15pm Attorneys are back in the courtroom meeting with Judge Brown.

12:37pm As attorneys meet with Judge Brown this afternoon, it is possible that the defense will begin discussion about introducing lesser charges - such as manslaughter.

12:30pm Judge Brown has asked attorneys to reconvene at 2:00pm. Court is now in recess.

12:25pm Judge Charles Brown has now excused the jury for the day and informed them that attorneys and the court will be working on some matters this afternoon. The courtroom will be open but the jury will not be there. Judge Brown has asked the jury to return on Monday morning.

12:15pm Summit County Medical Examiner, Dr. Lisa Kohler, is now finished on the witness stand.

12:13pm Kohler is answering jury questions and said that she feels confident that it was not an accidental death. There is no evidence that she had any injuries prior to her disappearance. She also said that she doesn't know what affect bleach would have on decomposition.

12:04pm While we're waiting, it's important to note that Attorney Ranke also spoke to Dr. Kohler about blunt force trauma and that the condition of the body wouldn't show any evidence of blunt force trauma either. Kohler agreed that there is no evidence of asphyxiation or blunt force trauma because of the state of the body.

12:00pm Attorneys are now finished asking Dr. Kohler questions. The jury is now supplying its questions.

11:55am Assistant Prosecutor Dennis Barr asked another question. He asked about cause, manner and mechanism of death. Kohler said that cause is unspecified homicidal violence, manner is homicide and she can't determine the mechanism. Barr is again finished questioning Kohler and Defense Attorney, Carolyn Ranke has returned to ask questions.

11:52am Carolyn Ranke is finished asking Dr. Lisa Kohler questions.

11:48am Ranke asked if an unintended act that lead to death would still be ruled a homicide. Kohler said that it would.

11:43am Ranke asked Kohler how she can rule homicidal violence. Kohler said that it's based on the examination of the body and the fact that the circumstances were suspicious - Jessie did not die a natural death.

11:39am Kohler has testified that her determination of a June 14th death is an estimation.

11:36am Correction, the jury did not leave the courtroom. Ranke is once again questioning Kohler.

11:34am There is now a sidebar and the jury has been asked to leave the courtroom.

11:30am Ranke said that there was no evidence of asphyxiation or of strangulation and Kohler said that is correct.

11:28am Kohler said that the missing neck bone as well as the fingertips and toetips could likely be missing because of decomposition.

11:23am Ranke is showing a copy of the death certificate that shows that Kohler determined June 14th as the time of death and Kohler explained that June 14th was the time of the injury. She noted on the certificate that the injury on the 14th occurred in the AM hours, at home. Ranke asked if that information was supplied based on what she learned about the investigation - Kohler said that in part, it was.

11:18am Ranke made clear that while homicide may have been ruled the manner of death, it is not the cause of death. Kohler agreed.

11:16am Kohler said that there are five different manners of death: Natural, Suicide, Accidental, Homicide and Undetermined.

11:14am Dennis Barr is finished questioning Dr. Kohler. Defense Attorney, Carolyn Ranke, is now questioning Dr. Kohler.

11:08am Barr asked if a body is wrapped in a comforter and then placed in the back of a pickup truck if Kohler would expect any bodily fluids to be in the bed of the truck. Kohler said that it would be highly unlikely.

11:06am Kohler again said that the time of death was June 14th. Kohler also said that on June 14th, her body would not have appeared like it did during the autopsy. She said that on the 14th, she would have appeared very much like she did in life and Kohler may have been able to determine cause of death.

11:03am Kohler said that the cause of death for the unborn child was ruled maternal death. She also said that if the infant had been born at the time of Jessie's death, the child should have survived.

11:01am Kohler said that based upon what she knows about this case, manual strangulation is a possible cause of death.

10:55am Kohler said that a very minor amount of bodily fluid may be released during asphyxiation if at all.

10:54am Kohler said that it takes several minutes for someone to die from asphyxiation.

10:50am Kohler said that if the body had been found earlier, it would have been easier to determine if asphyxiation had occurred. She said that in asphyxiation, you could see bleeding into the skin under the eye. Barr then showed a picture of a skull and confirmed that it was the way Jessie's head looked when it was found and examined.

10:47am Kohler said that it is possible to asphyxiate someone using an arm. The testimony came after Barr asked a hypothetical question. The defense objected and Judge Brown overruled the objection.

10:43am Barr just showed pictures of the skeletal remains of both Jessie and the unborn child. Jessie's father is not in the courtroom at this time - her sisters Whitney and Audrey are still in the courtroom. Jessie's mother has not been in the courtroom since being the first witness on Monday.

10:40am After a brief sidebar, Barr is again questioning Kohler. He has confirmed that the condition of the body made it difficult to rule on the way the death occurred. In fact, Kohler said that if the body had been found earlier, there would have been a larger amount of evidence and cause of death would have been easier to determine.

10:31am Kohler said that to a reasonable degree of medical certainty, she ruled the cause of death as "unspecified homicidal violence." She ruled that based on the fact that Jessie was a missing person and since the body was found a far distance from her home, she was caused harm. She said an accident was ruled out. She also said that she couldn't determine how Jessie died. Kohler said that it appeared that the date of death was June 14th.

10:29am Kohler said that toxicology reports were done using some of the remaining internal tissue since there were no remaining bodily fluids. She said that there were no drugs found in the body and there were no apparent injuries.

10:27am Kohler said that along with an anthropologist, they found no damage to the bones.

10:25am Kohler said that the next step of the autopsy was removing the remaining skin from the bones. She found that all of the bones were not present. The comforter and the scene were searched and the missing bones were not found. She said one of the bones from the neck was missing and some fingertip and toetip bones that were absent.

10:24am Prior to the autopsy, on Sunday, June 24, 2007, Kohler said that Jessie's identity was confirmed through a dental examination.

10:23am Kohler said that the area where the body was found would speed the decomposition of the body as it was not protected from the sun.

10:21am Kohler said that the body's skin was drying out and there were exposed bones. She said that if insects could get to the body, that will speed up the loss of tissue.

10:18am Kohler testified that Jessie was wearing a camisole, a pair of underpants and capri pants. Once they were removed, they were sent to the Sheriff's Department as evidence. Kohler then examined Jessie's body and said that the body was in an advanced state of decomposition and had become partially skeletonized. She also testified that she saw the body of the unborn child. Jessie's internal organs and her brain were all gone. Her eyes were gone as well. This is important because part of an autopsy is using bodily fluids.

10:14am Kohler testified that she performed the autopsy on Jessie's body on June 27, 2007. She first examined her wrapped in the comforter and took pictures and x-rays. Then, the body was unwrapped and examined with clothes on. She testified that there were no bullets or knife tips found in the x-rays.

10:12am Assistant Prosecutor, Dennis Barr, is doing the questioning. He just showed a picture of the decomposing bodies. She testified that there was some insect acitivity on the bodies - maggots and spiders. She then said that the body was placed on a sheet, put in a body bag and the area beneath the body was inspected. Small bones and fingernails were found and transported with Jessie's body back to the Summit County Medical Examiner's Office in Akron.

10:11am Kohler testified that on June 23, 2007 she was asked to go to Hampton Hills Metropark. She said that she saw the body on that day.

10:08am Kohler said that she has performed more than 2,000 autopsies and has also testified in court before and that her testimony has been accepted in the past.

10:03am Court is back in session. Dr. Kohler is now on the stand being questioned by Assistant Prosecutor, Dennis Barr. Kohler has been the Summit County Medical Examiner since 2001.

9:32am Dr. Kohler was not in the courthouse when Dr. Polifrone finished testifying - thus, the recess. I've also learned that Dr. Kohler's testimony should be finished before lunch and it's not expected that Judge Brown would take a break between the prosecution and the defense questioning her. If the defense decides to call any witnesses, they would be called on Monday morning. Closing arguments could still happen on Monday and the jury would then get the case. The jury will be sequestered.

9:22am Something interesting that I've now seen for the last two days. In the hallway, outside of the courtroom, Bobby Cutts, Sr. had shaken the hand of Ned Davis (Jessie's dad) both today and yesterday. Yesterday, I heard Cutts, Sr. say to Ned that he continues to be in his prayers.

9:15am Court is now in recess for 30 minutes.

9:13am Dr. Polifrone is finished on the witness stand. Summit County Medical Examiner, Dr. Lisa Kohler, is the next on the witness stand and is the prosecution's final witness.

9:10am Polifrone testified that Jessie Davis first became a patient with the office in 2004 in early pregnancy. This is the pregnancy that resulted in Blake's birth. Jessie Davis was pregnant a second time. That pregnancy resulted in a miscarriage in November, 2005. Jessie Davis then had a 3rd pregnancy. Polifrone saw her on June 4th of 2007 and Polifrone said that she was one day short of 35 weeks. He then saw her on Monday, June 11th. He said all things were normal at that time and she appeared happy and healthy. He also testified that the baby had no complications at that time. The next appointment was scheduled for June 18th. Polifrone testified that Jessie Davis did not show up for that appointment. He then said that there were no complications throughout the pregnancy. Polifrone also testified that if Jessie had given birth on June 12th, the day after he saw her, the baby would have been viable - there was a very good chance that the child would survive.

9:05am Polifrone said that Jessie Davis was a patient with his office.

9:02am Dr. Brad Polifrone is now on the witness stand. He is an OB/GYN with The Reserve.

8:56am Mendillo is finished on the witness stand.

8:52am Essentially, Mendillo is here to verify phone records. These records have been discussed in prior testimony, but this is official verification of who made the calls and when. It's possible that this testimony is happening today because Mendillo had to be flown in from New Jersey.

8:43am Mendillo is testifying about Bobby Cutts Jr.'s cell phone records. Currently, Hartnett is asking him about a phone call made at 7:11am on Thursday, June 14th. The call lasted no more than 1 minute. Previous testimony indicated that this was the call to Jessie's phone when Cutts left a message saying if Jessie wasn't going to drop off Blake, she could have called. Previous testimony also said that Cutts picked up Myisha Ferrell at around 6 o'clock that morning with the body in the back of his truck and they went to Hampton Hills Metropark.

8:39am Court is in session. Assistant Prosecutor, Chryssa Hartnett, is now questioning Jonathan Mendillo. He is a T-Mobile employee. Also to testify today, Jessie's OB/GYN and the Summit County Medical Examiner.

As for the length of this trial, today is the last day for prosecution witnesses. If the defense calls no or very few witnesses, closing arguments could happen Monday and the jury could also get the case Monday. Of course, the trial could go into Tuesday as well.




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