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Cutts Trial Blog Day 3: 'I'm Going To Kill That B----'

4:40pm McMurtry is finished on the witness stand. FBI Special Agent Joe Oliver is now on the witness stand. Unfortunately, I have to exit the Stark County Courthouse to appear on the air on Live On Five. Oliver is expected to testify about more phone records. It is probable that he is the last witness of the day. I'll be back blogging tomorrow morning.

4:33pm McMurtry was asked if he looked for calls only between Jessie and Bobby Cutts Jr. or if he looked for other calls. He said that he asked Jessie's sisters to look at phone records and identify whom she was speaking to on her cell phone. He said that other people, besides Bobby Cutts, Jr. were being interviewed about their phone contact with Jessie Davis. They also interviewed people who had been talking on the phone to Bobby Cutts Jr.

4:29pm McMurtry is still on the stand, being questioned now by Defense Attorney, Myron Watson. They are still discussing phone records.

4:18pm McMurtry is now talking about riding with Cutts up to the Hampton Hills Metropark on Saturday, June 23rd. He said that he found, while talking with Cutts, that the 7:11am phone call was made while Cutts still had Jessie's body with him. This allowed McMurtry and other authorities to change direction and help locate the body.

4:10pm Jessie's cell phone messages are being played. Messages from Thursday, June 14th. Two calls were from Bobby Cutts Jr. telling Jessie that if she wasn't going to drop off Blake, she could have called. A couple of calls each from Jessie's sister Audrey and her mother, Patty Porter. In one call, Porter said she was getting worried.

3:55pm McMurtry testified that a call was made from Bobby Cutts Jr.'s cell phone at 7:11am on Thursday, June 14th. He said that the call hit a cell phone tower in Richfield - not near Cutts' home (he had told police he made that call from his home). The call was made to Jessie's cell phone. He made another call around 5pm that night.

3:50pm McMurtry is confirming much of what we've already heard from Captain Shankle and from EMA Director Tim Warstler.

3:47pm Assistant Prosecutor, Chryssa Hartnett is questioning McMurtry. He is testifying about cell phone records.

3:43pm Defense Attorney Ranke asked Clouse if this technique was taught to all officers and he answered that it is. Clouse is finished on the witness stand. FBI Special Agent Mark McMurtry is now testifying.

3:36pm Clouse is testifying that he teaches police officers about restraint techniques. Techniques where officers would put their arms around people's necks. He also said that he teaches the right way and the wrong way. The wrong way may cause unconsciousness. He also testified that he worked with Bobby Cutts, Jr. and that Bobby was in this class.

3:33pm McKimm is finished on the witness stand. Canton Police Officer, David Clouse is now on the stand.

3:30pm McKimm testified to the length of Cutts' time with the Police Department and how much Cutts made in salary - approximately $47,000/year.

3:25pm Porter is finished on the witness stand. Canton Police Chief Dean McKimm is now on the witness stand.

3:18pm The tape ended. Todd Porter confirmed that the tape recording was made on Wednesday, June 20th.

3:16pm Cutts said on the tape that he hoped Jessie would be found alive and that he had nothing to do with her disappearance. He also said that he had an attorney.

3:11pm Cutts said on the tape that he thought that the national media attention is great.

3:08pm Cutts said on the tape that he understood why the investigation would start with him since he was seeing Jessie Davis. He said that during this time (while Jessie was still missing), he spoke with Jessie's family to see how Blake was doing. He also spoke with Blake a couple of times. He also said that he has 3 children and possibly expecting a 4th with Jessie.

3:05pm Cutts said on the tape that everything seems like a movie. Nothing seems like reality and he's not holding up. He says that he cries and stares into space. He says that it doesn't seem like it's real. He then says the last time he spoke with Jessie was on Wednesday night (June 13th).

3:03pm The audio tape of the interview is now being played for the jury. Cutts starts out by saying that it's been a nightmare since Jessie has gone missing. The interview was done a few days after she went missing.

3:00pm Todd Porter is confirming that he did interview Bobby Cutts, Jr. after Jessie Davis disappeared in June of last year. Porter said that he had time to prepare for the interview prior to questioning Cutts. Porter said that he recorded the interview with Cutts. You may recall parts of this interview being broadcast on NewsChannel5 during the time that Jessie was missing last year.

2:55pm Court has resumed. Canton Repository Sports Writer, Todd Porter, is now on the witness stand. He's not related to Jessie's mother, Patty Porter. Todd Porter says that he met Bobby Cutts a couple of years ago while working on a semi-pro football story.

2:40pm The court is currently in a brief recess.

2:25pm Mitchell said that he didn't think that Cutts' comment was a threatening one. He believed he was just joking around. He also said that Cutts was never violent in his presence.

2:11pm The Defense is now questioning Mitchell. Carolyn Ranke asked Mitchell about the comment he just made about what Cutts said. Ranke said that Mitchell never told anyone about this alleged threat earlier.

2:06pm Court is back in session. Mitchell is talking about a conversation at his house, one month before Jessie disappeared. Mitchell said that Cutts said to him, "I'm going to kill that b---- and throw her in the woods."

1:52pm The Judge said the court is in recess until 2 o'clock.

1:41pm Mitchell was then asked if he remembered being with Cutts one month before Jessie disappeared. He said yes. He was asked if he remembers his wife saying something. The Defense objected and the Judge then called a recess saying that a matter has been brought to his attention that is going to take some time to resolve.

1:39pm Mitchell was asked why he asked Cutts, "Did you do something to that girl?" Mitchell said that he was joking around.

1:37pm Porter met with Cutts while Mitchell was there. Porter had a list of questions that he wanted to ask and Cutts crossed out questions that he didn't want to answer. The interview between Porter and Cutts then took place. Porter was at Cutts home doing the interview.

1:35pm Mitchell said he contacted Todd Porter (Canton Repository Sports Writer) so that Todd and Bobby could talk to "get Bobby's word out" instead of what other people were saying.

1:33pm Mitchell said that he found out that Jessie Davis was missing when he talked to Bobby Cutts Jr. on the phone. He asked her, "Did you do something to that girl?" Mitchell said that Cutts said no.

1:31pm Mitchell testified that sometimes, while Cutts was working, he would stop by Mitchell's house to hang out or play video games - while in his uniform and driving a police cruiser - working the midnight shift with the Canton Police Department.

1:28pm Mitchell says that he's known Bobby Cutts Jr. for about 10-12 years. Mitchell is 34 years old. He says reconnected with Cutts about two years ago when they were coaching a 7th grade basketball team together. At that time, Mitchell says that he and Cutts became close friends.

1:26pm Warstler is finished on the witness stand. Next up is Richard Mitchell.

1:18pm Warstler is testifying that Jessie's phone was turned off when they started looking for its activity. He found that the last time her phone had been used was at about 9:00pm on Wednesday, June 13th. The last call made was 19 minutes long and the cell tower that the call hit was on Mt. Pleasant Road. Warstler later found that the cell tower on Mt. Pleasant Road was near 8686 Essex Road - Jessie Davis' home. He also said that the phone was shut off at 5:30am on June 14th.

1:13pm Shankle is now finished on the witness stand. EMA Director, Tim Warstler, is now on the witness stand.

1:11pm Shankle said that on Friday, June 22nd, in a meeting, authorities told Bobby Cutts Jr. that they had records that showed that Cutts was not where he said he was while making phone calls. Cutts left that meeting with his attorney. Cutts' attorney told authorities that they would be back in touch with them in the morning. This is the day before Cutts showed authorities where to find the body.

1:10pm Shankle testified that after the investigation started, he contacted Tim Warstler with EMA (Emergency Management Agency) to get the 911 call and cell phone records of Jessie Davis. Warstler is on the witness list for this trial as well.

1:05pm Court is back in session. The first witness is Captain Gary Shankle with the Stark County Sheriff's Department.

11:51am Kelly Schaub is now finished on the witness stand. Court is now in recess for lunch break.

11:36am Assistant Prosecutor Dennis Barr asked Kelly if she ever found out that Bobby and Jessie were seeing each other while Bobby and Kelly were still together. Kelly said yes.

11:30am Defense Attorney Fernando Mack asked Kelly if Jessie Davis played a role in her February 2007 separation from Bobby. Kelly said yes. Mack asked, "because of everything that had been going on?" Kelly said yes.

11:27am Kelly said that at one point, not knowing what to do about all the phone calls from Jessie, Kelly turned to Bobby's mother for advice. She also said again that she and Bobby had been separated since February of 2007 and the divorce had nothing to do with this case.

11:22am Kelly said that she later found out that Bobby and Jessie had sex on her patio furniture. She also said that Bobby had picked up Jessie from the hospital after Jessie had lost a baby. Kelly said Jessie contacted her many times. Kelly thought that Jessie was trying to destroy Kelly's relationship with Bobby.

11:18am Kelly said that she and Jessie had multiple phone conversations after the underwear incident. She also told Bobby that she didn't want Jessie in her house when she was dropping off Blake. This was early in 2006.

11:10am There are many times during the trial that there will be objections by one side or the other. At this time, the volume is turned down on the court microphones and therefore there is nothing to hear if you're watching on our streaming video on newsnet5.com. This also delays the updates on this blog.

11:05am Kelly said that after that incident, she told Jessie that she and Bobby were happily married.

10:50am In November of 2005, Kelly said that she found a pair of Jessie's underwear in her makeup drawer. She said she found out they were Jessie's underwear because Jessie told her.

10:45am Defense Attorney, Fernando Mack is now questioning Kelly. She said that at no time was Bobby ever violent or threatening toward her. She has also said that he was always supportive of Brianna as a father and that he was good to Blake. She said that Bobby was always a wonderful father to all of his children - wasn't abusive and never complained about financial responsibility.

10:40am Kelly said that she spoke with Bobby on Wednesday night, June 13th and that he was at Champs. He told her that he wished that they could be back together. She went to his house on Thursday and saw him finishing mulching. She said that at that time, Bobby told her that Jessie was going to drop off Blake and that he had to get Myisha Ferrell to watch Blake because he had to go to football practice.

Kelly said the divorce from Bobby became official in January of 2008. She learned of Jessie's pregnancy in November of 2006 - Jessie told her about it. Kelly said she also knew of Stephanie Hawthorne but none of the other women who have testified. Kelly also said that at the divorce, Bobby was ordered to pay $495 per month for child support for Brianna.

10:37am Kelly said that in February of 2007, she moved out of the home with Bobby and moved in with his parents. She said that Brianna would get off the bus after school and stay with Bobby until she got off work. Bobby did not provide financial support.

10:35am Kelly stated that in 2004, Bobby told her that he had a one night stand, the woman was pregnant and it could be his. Kelly said that it turned out it was his, the baby was named Blake and the mother was Jessie.

10:30am Court is back in session. Kelly Cutts is now on the stand. She now goes by Kelly Schaub (her maiden name). She said she met Bobby Cutts Jr. in Spring of 2000. They were married in July of 2001, two months after their first child was born.

10:20am We have received word that Kelly Cutts (Bobby's ex-wife) is in the Courthouse. No word on when she'll testify.

10:05am Recess has been extended to 10:25am.

9:53am The Judge has called a recess until 10:15am.

9:47am Defense Attorney Ranke is now questioning Sprout. During this time, Sprout has said that during the 7 years that she has known Bobby Cutts Jr., she never saw him become violent or angry and in fact, Cutts is a "jokester."

Sprout is now finished on the witness stand.

9:42am Sprout said that after she saw Cutts on TV helping out with the search for Jessie Davis on Sunday, June 17th, she contacted him to offer her support. At that time, Cutts told Sprout that he couldn't believe that Jessie was missing.

9:40am Sprout said that she was unaware that Cutts was involved with any other women and doesn't know any of the other women whom Cutts was involved with who have testified in this trial. Sprout said she did know about Cutts wife Kelly and also Cutts 3 kids - assuming that Blake was Kelly's son - she had never heard of Jessie Davis.

9:36am Jennifer Sprout is now on the witness stand being questioned by Assistant Prosecutor Chryssa Hartnett. Sprout says that she has known Bobby Cutts Jr. for about 7 years. She said that there was a time while both she and Cutts were separated from their spouses that they became involved. Both reconciled with their spouses after that involvement. Sprout said that throughout the years, they stayed in touch and their relationship did become physical again during that time. She said that she was still involved with Cutts in June of last year. She said that they had been seeing each other for about few months at that time.

9:32am As she is speaking to Defense Attorney Ranke, Butler said that she texted Cutts multiple times to offer support. She also testified that she never saw Cutts become violent in any way during the 7 years that she has known him.

Butler is finished on the witness stand.

9:27am Butler said that the time she went to his house was the last time she spoke with Bobby Cutts Jr.

9:22am Butler said that she called Bobby Cutts Jr. on the night of Wednesday, June 13th. She was trying to get the schedule for her son's freshman football workout program (Cutts was the volunteer coach). Butler said when she spoke with him that night, he was at Champs bar.

She later testified that she had never heard of Jessie Davis but she did know about Blake. She said she assumed that Blake was Kelly's son (Cutts' ex-wife).

Butler then said that she called Cutts Jr. on Friday, June 15th after she heard about a missing woman who was dating a Canton police officer. She wanted to know if he knew the police officer. He was sleeping when he took the call and she apologized for waking him and hung up.

Butler read the newspaper on Sunday and then texted Cutts Jr. on Monday. She said she went over to his house to offer support on either Monday or Tuesday. She said his sister and mother were at his house along with his cousin Larry and the FBI.

9:17am There is no word as to whether or not Cutts' ex-wife will take the witness stand today.

9:15am Butler said that she ran into him in December 2006 and the two of them were physically involved again on a couple of instances in February 2007.

9:14am Butler said that she met Cutts Jr. about 7 years ago and they were romantically involved for a couple of months. They stayed in touch over the years.

9:07am Defense Attorney Carolyn Ranke is now questioning Antonelli. She has verified with him that Cutts used the $15,000 loan to pay off a previous $10,000 loan and only netted a little over $4,000. He did all of this while consolidating his debt and achieving a lower interest rate. She also verified with Antonelli that Cutts' monthly income was reported on his application as a gross of $5,000. Cutts Jr. also claimed that he was grossing over $800 per month in private security.

Antonelli is finished on the stand. Cutts' ex-wife Kelly Cutts was next on the witness list, but the prosecution has skipped her and moved on to Jill Butler.

9:01am On the morning of June 14th, Cutts Jr. came to Antonelli looking for another loan.

9:00am The new loan payment was $275 per month.

8:57am Antonelli said that Cutts Jr. had applied for an additional loan at the end of May, early June and was turned down originally for the loan. He was later approved for a $15,000 loan after consolidating some of his debt. The $15,000 loan was at an interest rate of between 23 and 25%.

8:55am Antonelli said that Cutts Jr. had a total of $2,800 in monthly payments.

8:51am Antonelli said that Cutts Jr. also had a $10,000 loan with a 26% interest rate. His monthly payment on that loan was $236.

8:49am Antonelli said that Cutts Jr. had one mortgage for $108,000 and a second mortgage for $27,000. His monthly payments would have been $733 and $273.

8:47am Antonelli is testifying that Cutts Jr. approached him about consolidating credit card debt around May/June of 2007.

8:35am Day Three is underway. Scott Garcia, GlenOak HS football coach, was first on the witness stand. He testified that Bobby Cutts Jr. called him the morning on Thursday, June 14th to say that he'd be late to practice (he was volunteer coaching). Garcia also said that Cutts never showed up that day, or any subsequent day.

Garcia is finished and Joe Antonelli, a bank employee, is now on the stand.




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