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Cutts Trial Blog Day 4: No Blood Found In Jessie's Home

4:10pm Court is in recess for the night. Summit County Medical Examiner, Dr. Lisa Kohler will be on the stand tomorrow as will Jessie's OB/GYN. The doctors are two of the final three prosecution witnesses. Testimony will begin at 8:30am.

4:03pm Assistant Prosecutor, Chryssa Hartnett, asked one more question of Hopwood asking if Jessie Davis were dead, would Bobby Cutts Jr. be required to pay support for Blake. Hopwood said that he would not.

3:58pm Defense Attorney, Carolyn Ranke, asked Hopwood whether or not child support payments were adjusted with a 2nd child from the same mother. Hopwood said that they are. Total child support would have been $1,572 per month if his 2nd child with Jessie had been born. The Prosecution pointed out earlier in the trial that Bobby Cutts Jr. had about $2,800 in loan payments per month. The total of the two would have been $4,372 per month.

3:51pm Hopwood testified that Cutts would have had to pay $365 per month for the unborn child.

3:47pm Hopwood testified that Cutts also has to pay $300 per month for his child with Nikki Giavasis. Hopwood also said that Cutts is required to pay $496 per month for his daughter with ex-wife Kelly - though that ruling didn't happen until December, 2007. Blake's payments were required since 2005 and the payments for his child with Nikki Giavasis have been in place since June, 2006.

3:45pm Assistant Prosecutor, Chryssa Hartnett, is now questioning Hopwood. Hopwood said that Bobby Cutts Jr. was required to pay Jessie Davis $411 per month for Blake.

3:42pm Kim Hopwood is now on the stand. She works for Stark County Child Support Enforcement.

3:40pm Wolf is finished on the witness stand.

3:34pm Wolf is testifying that Jessie was at work on Wednesday, June 13th. Wolf said that based on her conversation with Jessie, she was not led to believe that she wouldn't see her the next day. On Thursday, Wolf said Jessie was not at work. On Friday, Wolf said that Jessie was not at work again and Wolf called Jessie's emergency number and left a message. Wolf asked another employee if Jessie had called off work and there was no record of her calling off work. Wolf said later in the day, Jessie's sister called her to see if she had seen Jessie.

3:30pm Court is back in session. Regina Wolf is now on the witness stand. She is a supervisor at Allstate Insurance - Jessie Davis worked for her.

3:09pm 20 minute recess.

3:06pm Foster is finished on the witness stand.

2:53pm Ranke is covering much of what we already heard while Dennis Barr was questioning Foster.

2:34pm Foster reiterated that Bobby Cutts' DNA was not found on the bleach bottle but Jessie's was and Blake could have been a minor source of DNA on the bleach bottle cap.

2:32pm Ranke is asking Foster to explain how DNA is collected.

2:20pm Foster testified that based on DNA evidence, Bobby Cutts Jr. was likely the father of Jessie's unborn child. She also testified that 9 of the 12 semen stains that were found on Jessie's bedroom carpet belonged to the man who lived at that address prior to Jessie. Dennis Barr is finished questioning Foster. Defense Attorney Carolyn Ranke is now questioning Foster.

2:14pm Foster said that they were also trying to find DNA from certain sections of the comforter. She said that because of the decomposed product on the comforter, she would have been surprised to find any other DNA on the comforter other than Jessie's.

2:11pm Foster is now holding the cookies that were found on Jessie's kitchen counter (they're in plastic bags). She said that the DNA from cookie number one is possibly from Blake Davis. On cookie number two, with reasonable certainty, the DNA belonged to Blake Davis.

2:08pm Foster is now talking about water bottle swabs that were taken. She did swabs on the bottle that was open, not on the other that was closed. I'm assuming that these are the bottles that were found next to Blake's bed (they were seen in the picture). Foster testified that the DNA that was found on the mouth area of the bottle and the cap of the bottle was that of Blake Davis.

2:05pm There were 9 other stains found on the carpet and none came from Bobby Cutts.

2:02pm Foster said that one of the stains, with a reasonable degree of scientific certainty, belonged to Bobby Cutts. She also said that a 2nd stain contained a mixture of DNA (just like the first one). She said the second stain also came from Bobby Cutts. She said that there was also a minor source found that possibly came from Jessie Davis. Another stain was also found to belong to Bobby Cutts and Jessie could have been a contributor to that stain as well.

2:00pm Foster is now talking about semen stains that were collected from the carpet in Jessie's bedroom.

1:57pm Foster is now talking about a red and gold throw pillow that was found in Jessie's bedroom. She said that there was no blood or semen found on the pillow. She did say that there was a presumptive positive test for saliva and so she tested for DNA. The results showed that the saliva belonged to Blake Davis.

1:55pm Foster has also testified that there's no way to know how long DNA has been on the bed rail or how long bleach had been on the bed rail.

1:54pm Barr continues to question Foster. He is asking her about the bed skirt that was under Jessie's mattress. Foster said that she examined the bed skirt for both blood and semen. She said they found no valuable evidence on the bed skirt.

1:49pm Foster is now talking about the bed rail from the bedroom. She said that she had an indication that blood might be present on the bed rail. Again, the presumption of blood does not mean that there is in fact blood there but DNA could still be acquired. Foster said that a further test for blood came back negative. The DNA test on the same four locations on the bed rail, the results were the same in all four and all belonged to Jessie Davis.

1:46pm Foster is now holding a swab from a water bottle that was found on the floor of Jessie's bedroom. The DNA found on that swab (from the mouth area of the water bottle) was that of Jessie Davis (all these are being qualified as a match to a reasonable degree of certainty and barring an identical twin).

1:42pm Foster is now holding a swab that was used on both the cap and the handle of the bleach bottle. She found that there was multiple DNA samples. The major sample was from Jessie Davis. The possible source of the minor sample is Blake Davis. Also, Bobby Cutts Jr. was NOT the minor source or the major source of the DNA.

1:39pm Foster is holding swabs that were taken from the bleach bottle and a water bottle found in Jessie's bedroom. All of the evidence is in bags. She also has another swab from a suspected blood stain from the bleach bottle. Foster found that the DNA from the suspected blood stain swab matched to a reasonable degree that the source of the DNA is from Jessie Davis. Foster also testified that the DNA only shows that it was a bodily fluid; not that it was necessarily blood.

1:37pm Foster is now holding a rib bone sample and a tooth sample. The samples were from Jessie's body. From those, Foster was able to get DNA samples from both Jessie and her unborn child.

1:34pm Assistant Prosecutor, Dennis Barr, is the one questioning Foster at this time. Barr is now showing Foster DNA lab kits. Foster is testifying that they obtained DNA from Patty Porter, Audrey Davis, Whitney Davis, Jane Davis and Blake Davis, among others. Patty is Jessie's mother. Audrey, Whitney and Jane are all Jessie's sisters. Blake is Jessie's son. Foster also said that she collected DNA samples from Bobby Cutts Jr. and Myisha Ferrell.

1:32pm Foster said that there's no way to tell how long DNA has existed in a certain location. If a sample is found, there's no way to know how long it had been there.

1:30am Foster has been designated as an expert - as were the others from the Stark County Crime Lab. She's defining DNA - no two people have the same DNA and so it can be useful for identifying people. It can be obtained from blood, semen, saliva or hair roots.

1:28pm Michele Foster is now on the stand. She's a criminalist with the Stark County Crime Lab.

1:25pm Court is back in session. Michael Short was brought back to the witness stand to verify that two hamburger buns were moldy when found inside a bag on Jessie's kitchen counter. He's again, finished on the witness stand.

12:08pm Attorney Mack returned to the stand to ask if Creed knew about specific training that police officers received as it relates to bleach masking blood. She said she did not. Jennifer Creed is finished on the witness stand and the court is recessing for a lunch break. Court will resume at 1:15pm.

12:06pm Judge Brown asked a jury question about bleach destroying blood stains. She said that it's common knowledge that bleach destroys blood. In fact, she said that it's safe to assume that law enforcement would know that.

12:01pm Attorneys are finished questioning Creed.

11:56am Mack asked Creed that if there was blood or DNA found in the carpet, if it would remain for a long period of time. Creed said yes. He asked even if cleaning agents were used, if blood or DNA would remain and she said yes. He asked how long DNA could remain in a carpet and Creed said that under certain circumstances, it could remain for many, many years.

11:54am Creed testified that she never found any blood on any of the carpet. She also said that she found nothing on the camisole or the capri pants that Jessie was wearing. Creed just said that there's no way to determine how long the bleach had been on the comforter. Mack asked if the comforter had been washed in the past with bleach, if the bleach would still be there later and Creed said that it would.

11:50am Creed just testified that with a Luminol test for blood, you wouldn't be able to tell if the Luminol was reacting to the bleach or actual blood. Luminol was used by the FBI on Bobby Cutts Jr.'s truck and found no sign of blood.

11:48am Harnett is finished questioning Creed. Defense Attorney, Fernando Mack, is now questioning Creed.

11:45am Creed just testified that a significant amount of blood would essentially eliminate all traces of blood.

11:42am Creed was just shown a picture of a camisole that Jessie was wearing. She said that because of the degradation, she couldn't find anything usable on the camisole. Jessie was also wearing capri pants - nothing usable was found on the pants either.

11:39am Creed is being shown pictures of the comforter pointing out spots that are considered bleach stains.

11:35am Creed said that she also examined a red and gold comforter. She said that she found a large amount of decomposed bodily material which made it unsuitable to examine. She did find a corner of the comforter that was isolated from the large area that was unusable. She said that on that area, a presumptive blood test came up positive - again, not necessarily proof that it was blood. She also said that the decomposed body could have eliminated any DNA that was on the comforter.

11:30am Creed has testified that she examined the entire carpet in Jessie's bedroom and found no blood - either on the top of the carpet or under the carpet. She also found no blood on two large sections of the padding underneath the carpet. She did say that she found 12 semen stains on the carpet.

11:24am Jennifer Creed is now on the witness stand being questioned by Assistant Prosecutor, Chryssa Hartnett. Creed works for the Stark County Crime Lab - and evidence analyst. She is considered a Serologist - a specialist in serum - in this case, likely blood serum.

11:21am Short is now finished being questioned by attorneys. He is now finished on the witness stand. Prosecuting attorneys have reserved the right to recall him.

11:18am Short testified that the presumptive test that was done on the bleach bottle for blood was thought to actually be blood (though it's been said previously that presumptive tests are not proof of blood).

11:16am Defense Attorney, Myron Watson, is now questioning Short. Watson asked if Cutts' duty gloves were collected and examined. Short said that he does not recall.

11:11am Short said that there were no identifiable fingerprints on the hamburger bun bag or anything else obtained from Jessie's home.

11:10am Assistant Prosecutor, Chryssa Hartnett is still questioning Short. He just said that the water bottle that was found in Jessie's bedroom also turned up nothing of value. He used the same explanation as the bleach bottle fingerprints.

11:07am Short said that after conducting tests of the bleach bottle, its handle and the cap, there was nothing of value that was found. The fingerprints that were found on the handle could not be used for identification.

11:04am Short said that upon examination of the bleach bottle, he did a presumptive test of an area that he thought was blood and it turned out it was blood. Short stated that a presumptive blood test does NOT confirm that it is blood but that blood is a possibility.

11:03am Short testified that he examined the Clorox bleach bottle that was collected from Jessie's bedroom.

11:01am Stark County Crime Lab Criminalist, Michael Short, is now on the stand saying that he specializes in firearms and fingerprint evidence.

11:00am Jay Spencer is now finished on the witness stand.

10:57am Judge Brown asked the question about whether the seal on the water bottle found in Jessie's room had been broken. He said he wasn't sure but thought it might have been.

10:46am Attorneys are finished questioning Spencer. The jury questions caused a lengthy sidebar. Now Judge Brown asked a question to Spencer about fingerprints in Jessie's home. He said that saying that there were no fingerprints detected didn't mean that they didn't exist, only that the fingerprints aren't usable for evidence.

10:40am Spencer confirmed that the presumptive test for blood on the bed rail, does not mean that there was blood on the bed rail.

10:31am Ranke is asking about what Spencer's specific duties include. He said that DNA or fingerprint analysis would go to someone else in the lab. He would deal with bodily fluids.

10:29am Defense Attorney, Carolyn Ranke, is now questioning Jay Spencer, who's described himself as a Criminalist. Again, he works for the Stark County Crime Lab.

10:17am I've just learned that Dr. Lisa Kohler, the Summit County Medical Examiner will NOT be testifying today but instead, be on the stand tomorrow. The Prosecution plans to call 7 witnesses today - they've already called two and the 2nd is still on the stand during this recess. I've also learned that Bobby Cutts' mother, Renee Jones, may be called as a witness, though she's not currently on the witness list.

Another question that I've heard around the Courthouse is, "Why isn't the Prosecution calling Nikki Giavasis?" She's the woman who now lives in California who had a relationship and a child with Bobby Cutts, Jr. There was speculation that Cutts was involved in some sort of domestic violence charge involving Giavasis - thus the question around the courthouse. I've learned that Giavasis will not be called - there are questions about her credibility.

10:02am The court is now in recess for 20 minutes.

9:59am Barr just showed the bed frame rail and Spencer said that on Monday, June 25th, he was asked to examine white scrapings from the bed rail. He said it was determined that the white scrapings were bleach. Spencer also testified that it would take 20 minutes for bleach to change the color of the carpet. Barr is finished questioning Spencer.

9:58am Spencer said that he returned to the home on Tuesday, June 18th. He said that at that time, they were looking for DNA samples. He said they collected samples from various items including a hair brush.

9:56am Spencer is now testifying that he searched Bobby Cutts Jr.'s truck with Cutts' permission on the same day - Friday, June 15th - the day Patty Porter found her daughter missing and Blake home alone.

9:52am A wider picture of Blake's room was just shown and Spencer indicated that there were two water bottles by Blake's bed. We also saw a picture of the kitchen counter where two cookies were sitting. Barr then showed another picture of the kitchen where there was an open package of hamburger buns next to the stove.

9:50am Spencer is then shown a picture of Blake's bed. He testified that there were hamburger buns on the bed - adding that Blake had been there awhile.

9:48am Assistant Prosecutor, Dennis Barr, is the one showing the pictures and asking questions now. Spencer said that he cut the carpet where the bleach was spilled. He said that he was looking for blood stains and found none--only that the bleach had soaked through. Spencer also testified that tests were done at other locations in Jessie's bedroom to look for blood.

9:46am Spencer testified that the carpet, where the bleach was spilled, was still wet.

9:44am Spencer said he then went upstairs to Jessie's bedroom where he found bleach stains on the rug and an open bleach bottle on the floor with the cap of the bottle still on the floor near the foot of the bed.

9:41am Spencer said that he processed the sliding glass door and found no fingerprints and then inspected the leather wallet that was inside Jessie's purse that was found on the kitchen floor. He said that he turned his attention to the wallet thinking that the scene may be a robbery at that point.

9:38am Pictures of Jessie's home are being shown, Spencer is testifying that the pictures are of Jessie's home and describing the interior pictures as to which room is which.

9:34am Jay Spencer with the Stark County Crime Lab is now on the witness stand. He said that he was at Jessie's home on Friday, June 15th - the day it was found that she was missing.

9:27am The jury asked if Garnett found any blood stains anywhere, particularly the bed at Jessie's home. Garnett said that he wasn't at the home but there was a presumptive test that showed blood on the bed, but says that's not a definitive test for blood. He was also asked if mulch would cover up body fluids and he said he's not sure. Chryssa Hartnett asked if the spraying out of the truck would get rid of body fluids and he said that it could have. Another question was asked about the fingernails found under the body and Garnett said it wasn't his area of expertise -- the testing of the fingernails and finding out to whom they belonged. Garnett is now finished on the witness stand.

9:22am Mack has just a picture of the bed of Bobby Cutts Jr.'s truck asking about a stain and Garnett testified that he didn't know what the stain is - adding that if there had been anything suspicious, he would have collected it. Garnett is just about finished on the witness stand. As with every witness, the jury is given the opportunity to question the witness. Judge Charles Brown asks the jury questions.

9:19am Garnett is talking about the scene where the body was found again and said that he did not determine how long the body had been there.

9:13am Defense Attorney, Fernando Mack is now questioning Garnett. Garnett is reiterating that his team searched Jessie's home, Cutts' truck, Kelly Cutts' car and Cutts' home on Monday, June 18th.

9:11am Another picture that was just shown is the scene after the body was moved. There is a six foot black area on the grass. It is also clear that there was no grave. The body was placed on top of the grass. Garnett testified that while using a metal detector to search the area, they found nothing.

9:08am Assistant Prosecutor, Chryssa Hartnett, is now showing pictures of the crime scene. Garnett just testified that there was a comforter wrapped around the body. Hartnett just showed two more pictures of the badly decomposed bodies. They are almost black and you can also see the red comforter. Garnett testified that he and his team searched under the body after it was moved and they found some fingernails.

9:06am Garnett testified that he and others carefully took the body and rolled it onto a sheet. They then put that sheet in a body bag.

9:04am Upon arriving on scene, a photographer took many pictures (about 100) of the scene and the bodies. They then put a tarp over the body and started to search the area. Garnett said they were looking for human remains and physical evidence. He said the search was difficult in the high grass. Garnett said they then put a tent up over the body. He said that Dr. Lisa Kohler later arrived on scene. She is the Summit County Medical Examiner and is expected to testify later today.

9:02am Garnett said that he was in charge of searching the scene where Jessie and her unborn daughter's bodies were found. On Saturday, June 23rd along with his team, he went to the BCI crime lab in Richfield as a staging area. At 3:40pm that day, he got a call to head to Hampton Hills Metropark, the scene where the body was found.

8:59am Garnett said that they searched Cutts' home as well. They took a couple of cell phones from there.

8:52am Garnett said that from the Greentown Fire Department, he was called to scene where a volunteer had found bones and blood in a shallow grave. It turned out to be a German Shepherd. He then testified that they did a similar inspection of Kelly Cutts' car that they had done on Bobby Cutts' truck. The two tests on Kelly's car also came up negative for blood.

8:49am Garnett said that his team also searched Bobby Cutts Jr.'s Chevy Silverado truck at the Greentown Fire Deparment on that day. They pulled the truck into the fire department and closed the doors and covered the truck with a tarp. Garnett said they were going to use Luminol to try to detect blood. He said it needed to be dark to use Luminol. The test was negative for blood. An alternative light source test also came up negative for blood.

8:48am Garnett is testifying that he assembled a team to search Jessie's home on Monday, June 18th. He said that the Stark County Sheriff's Department had already searched the home.

8:44am On the witness stand now is FBI Special Agent, Chris Garnett. FBI Special Agent, Joe Oliver was the last to testify yesterday.

An interesting note: Jessie's mother, Patty Porter, has not been in the courtroom since she was the first to testify. As a witness in the trial, she's not allowed to watch other testimony. Jessie's sister Audrey, was also a witness, yet she has been allowed to watch further testimony. Attorneys have to agree who will or will not be allowed in - it can be assumed that attorneys may think that they'd need to recall Patty Porter and therefore don't want her to hear any other testimony.

8:40am Before the jury entered the courtroom this morning, Bobby Cutts Jr. was seen smiling while talking to his attorney. This is one of the very few times that we've seen Cutts show any type of emotion whatsoever. On Day Two, he did wipe his eyes after photos of Jessie's body were shown.




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