Cutts Trial Blog: Day One Ends
NewsChannel5's Pete Kenworthy Offers Exclusive Updates
4:30pm The trial is in recess until tomorrow. Sgt. Weisburn is still on the stand. Myisha Ferrell will follow him tomorrow. That's all for today. 4:25pm Weisburn said that while Cutts told him that he left Champs to go home, they determined that Cutts actually went to the home of Stephanie Hawthorne. 4:03pm Weisburn later spoke with Myisha Ferrell who also agreed with the timeline that Cutts had provided. Weisburn said that Bobby Cutts Jr. was not the sole focus of the investigation at that point. 3:59pm Sgt. Weisburn said that he and others followed up with the two people who were at Champs bar with Cutts and also with Cutts' wife Kelly (they're now divorced). All three of those people agreed with the timeline that Cutts had provided to Sgt. Weisburn. 3:57pm Sgt. Weisburn said that after he finished interviewing Cutts on that tape, he followed him home and looked around his home where he didn't notice anything unusual or collect anything from the home. 3:51pm Sgt. Weisburn again asked Cutts on the tape if he got home around 1:30 in the morning on Thursday (June 14). Cutts said that he did. Weisburn then said that Ferrell would have been the next person to see him at 6:30 the next morning. Cutts said yes. The taped interview has ended. 3:47pm Cutts reiterated on the taped interview that he spoke with Jessie on Wednesday night (June 13th) around 6pm. He then spoke with her again on the phone around 8pm. 3:32pm Cutts said that on Friday morning, June 15th, he was getting ready to go to work when he got the call from someone at Jessie's house to get over there. June 15th was the same morning as the 9-1-1 call made by Jessie's mother. 3:27pm Cutts said on the tape that later that day (Thursday), he went back to his home to pick up Myisha to take her back home. Sgt. Weisburn asked if Cutts still had to pay her for babysitting and Cutts said yes. 3:22pm Cutts said on the tape that he called Jessie's phone after 7am on Thursday morning to say that if she wasn't going to drop off Blake, she could have called him. He said that he waited around until 8:40 that morning. He then went off to play football. 3:19pm Cutts said on the tape that he got up at 6:15 Thursday morning to pick up Myisha Ferrell who was supposed to babysit Blake that day. He said he had to get her back to his house before Jessie left for work - Jessie was supposed to drop Blake off at his house. 3:16pm Cutts tells Weisburn on the tape that he played softball on Wednesday night, June 13th. He then called Jessie and then stayed to watch a second softball game that started around 9pm. He then went to Champs with some softball friends - William Moses and James Ladson (both are on the witness list for later in the trial).Cutts then said he got home at about 1:30 in the morning (Thursday, June 14th). 3:09pm The trial is back in session. The tape of the 2nd interview between Sgt. Weisburn and Bobby Cutts, Jr. is now being played. We're told that this tape is about 30 minutes long. Cutts just said on the tape that the last time he spoke with Jessie was Wednesday night, June 13th. 2:40pm Sgt. Weisburn interviewed Cutts again later that day, Friday, June 15th. He also tape recorded that interview. We're about to hear that tape.Instead, the trial is in a 15 minute break. 2:32pm Sgt. Weisburn said that Blake told him, "Mommy's crying. Mommy's in the rug. Mommy broke table." 2:25pm Sgt. Weisburn said that Blake told him that his Mommy was at work. 2:23pm The interview tape ended. Sgt. Weisburn said that after interviewing Cutts, he went next door to where 2 year old Blake was. Weisburn said he sat down to color with Blake and then started speaking to him. 2:13pm Cutts said that his relationship with Jessie was mostly sexual. He said that he had a wife who he was trying to work things out with. 2:05pm Cutts said the last time he spoke with Jessie was on Wednesday night and that she was supposed to bring Blake to his house on Thursday morning and that she never showed up with Blake. 2:03pm Cutts says that Jessie had sex with at least one other man at the time she got pregnant with the current pregnancy. 2:01pm The tape of the Weisburn/Cutts interview tape is now being played.Bobby said he's not sure if the child that Jessie is carrying is his. He did confirm that Blake is his son. 1:58pm While other deputies were talking to Patty Porter and Audrey Davis on the scene that morning, Sgt. Weisburn was interviewing Bobby Cutts, Jr. in the driveway. He taped the conversation. We have not heard that tape yet. Weisburn says he noticed a cut on Cutts hand and asked him how he got that cut. Cutts told him he got the cut while doing work on his patio. 1:54pm Sgt. Weisburn is describing what he saw when he went into the Davis home after he arrived on the scene. He's describing the purse, mattress, bleach, etc. 1:48pm Deputy Baad is finished on the witness stand and Sgt. Eric Weisburn is now on the witness stand. 1:47pm Baad said that they were looking for Jessie's cell phone because it was missing. He tried to call her and the phone went immediately to voice mail. Baad also said they were looking for a red comforter that day. He was out canvassing the neighborhood looking for both the cell phone and the comforter. 1:36pm Defense Attorney Carolyn Kaye Ranke is now questioning Baad. He's essentially describing the scene of the Davis house on Friday morning, June 15th.For the record, here are the attorneys involved:State of Ohio: John Ferrero - Stark County ProsecutorDennis BarrChryssa HartnettDefense: Fernando MackMyron WatsonCarolyn Kaye Ranke 1:25pm Deputy Darin Baad was the first officer on scene on the morning of Friday, June 15th. He is confirming much of what we've already heard from other witnesses about the purse on the floor and the bleach in the bedroom. 1:12pm We are waiting for the afternoon session to start. Witnesses will be Stark County Deputy Darin Baad and Sgt. Eric Weisburn. Bobby Cutts' childhood friend, Myisha Ferrell will testify first thing tomorrow morning. 11:58am Midkiff is finished on the witness stand.There is now a one hour break for lunch. 11:48am The Defense is now questioning Midkiff. 11:45am Midkiff is confirming what we have already heard about the morning of Friday, June 15th. She also said that she changed Blake's diaper and then at the request of police, took Blake to her house and made him breakfast, got out some coloring books and crayons and put on cartoons. 11:34am Midkiff said she heard a loud scream next door on the morning on Friday, June 15th - the morning the 9-1-1 call was made by Patty Porter. She also said that she had never spoken to Jessie Davis. 11:32am Margaret Midkiff, Jessie's neighbor, is the third witness on the stand. The State is questioning her now. 11:29am Audrey Davis is finished on the witness stand. 11:07am Audrey said that the morning on Friday, June 15th, after her mother called 9-1-1 and Bobby Cutts was on the scene at Essex Avenue, she asked Bobby why he was there. He asked if she didn't want him there and she said she did not. 11:01am Audrey said she tried to call Jessie about 5 times on Thursday, June 14th. She said she was a little concerned. She confirmed that she went to Jessie's house with her mother, Patty Porter, on the morning on Friday, June 15th. 10:58am Audrey Davis has requested not to be videotaped on the witness stand. If you're watching the trial on this web site, you will not see her face while she's on the witness stand. There will also be times when the audio goes away. The judge will request at certain times that the audio recording be stopped - generally this happens when attorneys approach the bench. 10:54am Mack finishes questioning Patty Porter and the State declines further questioning of her. Patty Porter is excused. Audrey Davis, Jessie's sister, is called to the stand. 10:49am Mack asked Porter if Blake ran to Cutts when Cutts arrived at the home. She said that he did not - instead, Blake started crying. 10:46am Porter said that Blake could have been the one to dump the purse on the kitchen floor. 10:43am Barr finished his questioning and Defense Attorney Fernando Mack begins to question Porter. 10:41am Porter said that Cutts called her on Saturday, June 16th. She asked him if he or his ex-wife did anything to Jessie. She also told him that she'd support him until she had reason not to. She said that Cutts asked her if Blake saw anything and she said that she thought he did. Porter then was asked to identify Cutts in the courtroom. She did. 10:36am Barr shows pictures of the inside of Jessie's home and Porter verifies the purse on the kitchen floor. She also verified the picture of the bedroom - bleach on the floor and the mattress askew. 10:33am Porter said that Cutts arrived on scene. 10:32am The 9-1-1 tape ended and Porter verified that it was her voice and that the 9-1-1 tape is authentic. 10:28am Porter is told by the 9-1-1 operator to go outside and not to touch anything. She begins to cry as she goes outside. She also asked the 9-1-1 operator to call Bobby Cutts, Blake's father. 10:24am The 9-1-1 call was made at 7:56am and Porter was heard saying, "We need help at 8686 Essex Avenue. My daughter was nine months pregnant and she's gone. Something's wrong." The 9-1-1 call cut off and then Porter called back. She then told the 9-1-1 operator that the 2-year old is home alone and the house is trashed. 10:17am Porter said that as she walked in the sliding glass door into the kitchen, she saw a purse strewn about on the floor. She then saw Blake and said she could smell his dirty diaper before she even saw him. She asked Blake where mommy was. He said, "Mommy's crying, mommy broke table, mommy's in rug." Porter said she then ran upstairs to Jessie's bedroom and saw the mattress knocked over, the table was knocked over and there was bleach poured on the floor.Porter cried momentarily as she continued and said that the comforter was missing as well. She said she screamed, "where's my daughter?" She checked Blake's room and the basement and then called 9-1-1. 10:15am Porter said that she tried to call Jessie after 6am on Friday, June 15th. She left Jessie a message saying that she was starting to get concerned and then later that morning, after Blake was not dropped off, she and her daughter Audrey went over to Jessie's home. 10:13am Porter said that Bobby was supposed to pick up Blake that night and so she didn't expect to see Blake on Thursday, June 14th. She also said that she didn't speak with Jessie on Thursday and that it wasn't unusual when she didn't have Blake. 10:10am Porter said that she last saw Jessie on the morning of Wednesday, June 13th. That night, Porter spoke with her daughter on the phone. She spoke with her for about 5 minutes. Jessie's sister Audrey also spoke with Jessie at that time. 10:07am Patty Porter, Jessie Davis' mother, is the first witness called. Prosecuting Attorney Dennis Barr is questioning her first. 9:42am Mack finished his opening statements by saying that the State of Ohio will not be able to prove Aggravated Murder beyond a reasonable doubt and that what's he's asking the jury to focus on.Judge Brown then called for a 15 minute recess before the first witness is called. 9:38am Mack tells the jury members that they will see pictures of decomposed bodies and they will not like seeing those pictures. But those pictures do not prove Aggravated Murder or Aggravated Burglary. 9:32am Defense Attorney Fernando Mack is now addressing the jury with his opening statements. He started by telling the jury that the prosecuting attorneys will fail miserably in trying to prove Aggravated Murder and Aggravated Burglary. 9:31am Hartnett finished her opening statements by saying that the jury will be asked to find Bobby Cutts, Jr. guilty of all charges. 9:27am Hartnett tells jury that they'll hear that Bobby Cutts Jr. led police to the body in Hampton Hills Metropark on Saturday, June 23rd. 9:24am Hartnett tells jury members that they'll hear from people who were with Bobby Cutts Jr. on the night of Wednesday, June 13th. She added that Cutts left Champs bar that night and drove over to the home of Jessie Davis. 9:18am Hartnett said that Bobby Cutts Jr. called and left messages on Jessie's answering machine even though he knew that she was dead. 9:15am Hartnett continues by telling the jury that Bobby Cutts Jr. killed Jessie Davis on Thursday morning, June 14th. He then left his son, 2-year old Blake, alone in the home and drove to Myisha Ferrell's home. With Jessie's body in the truck, he and Ferrell drove north to dispose of the body. Hartnett says that Ferrell was horrified when she got out of the truck and saw feet coming out of the comforter. She then watched Cutts dump the body - "not bury," said Hartnett, "dumped." 9:11am Prosecuting Attorney Chryssa Hartnett is giving opening statements. She said that during this trial, the jury will hear about pressure - financial, child support and job pressure felt by Bobby Cutts, Jr. She added that the most important pressure to pay attention to is the pressure that Bobby Cutts Jr. put on the neck of Jessie Davis. That he snuffed out the life of her and her unborn daughter and then dumped them in the woods to rot away. 9:06am The judge has finished giving instructions and opening statements are about to begin. The State of Ohio will begin. It's important to remember, as the judge just told the jury, that opening statements are NOT evidence. 8:59am Bobby Cutts Jr. is in the courtroom, wearing a suit, sitting between attorneys Carolyn Kaye Ranke and Myron Watson. The judge continues his instructions to the jury. 8:50am Judge Charles Brown is giving instructions to the jury. 8:44am We are awaiting opening statements.
Copyright 2008 by NewsNet5. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.











