Cutts Trial Blog Day 7: Closing Arguments
12:37pm The jury is about to return to the courtroom to receive its instructions. If a verdict is reached before the end of this week, there will be no mitigation next week, the earliest that sentencing would begin to be decided is on Monday, February 25th. It's expected that the jury will deliberate until dinner time each night. There will be no updates during jury instructions unless they are warranted. We will now wait for the verdict. 12:10pm While Judge Brown is not allowing the jury to consider involuntary or voluntary manslaughter, he is allowing them to consider a lesser charge of murder. 11:40am Barr is finished and Judge Brown is telling the jury that their instructions will take some time to read and so he will now take a lunch break. Judge Brown said that deliberations have not begun and the jury should not begin to discuss the case. Brown said that the jury will be back in the courtroom at 12:30pm. 11:38am Barr says that all of the people who were called to the witness stand were called there so that the jury could put together the pieces of Aggravated Murder - to show that Bobby Cutts if capable of being dishonest. 11:34am Barr said Bobby didn't voluntarily lead them to the body, he knew the gig was up and tried to make himself look better. 11:33am Barr said that people act out of character all the time. 11:30am Dennis Barr is beginning his final 13 minutes. 11:22am Ranke has finished by telling the jury members that they don't know what happened at that house based on the evidence. There is now a sidebar. Assistant Prosecutor, Dennis Barr, will have 13 minutes left after the sidebar. 11:20am Judge Brown has given Ranke a two minute warning. 11:17am Ranke has reiterated the fact that there was no blood found at the scene. She asked that if there was no blood with a strangulation, why would the State say that the bleach was there to cover up blood. 11:07am Ranke said that child support as motive for killing somebody is not reasonable. 11:03am Mack is finished and Defense Attorney, Carolyn Ranke, is finishing the hour. 11:01am Mack said that people who commit murder do not take the authorities to the body. Mack said that Bobby gave in to his conscience -- he made a wrong decision and then a right decision. 10:59am Mack said that if Cutts was going to commit Aggravated Murder, wouldn't it have made more sense to clean up the scene afterward, make sure the house was tidy. 10:56am Mack said that in order for the State to prove Aggravated Murder, they have to prove that Bobby went to Jessie's with the intent to kill her and there's no evidence of that. 10:54am Mack said Bobby did not go to Jessie's house to commit murder. 10:51am Mack is reiterating more of what we heard from Bobby yesterday, that he can't figure out what to do. 10:48am Mack is telling the jury that after Bobby struck Jessie, he made the effort to go over to see if she was okay. He said that Bobby checked for a pulse and then began to panic. Mack said he still tried CPR on Jessie. 10:45am Mack is recounting Cutts' testimony about what happened on the morning of June 14th - repeating that Bobby went to the house, announced his presence and went upstairs. 10:42am Mack said there was never a problem between Bobby and Jessie. He said that Jessie would have said something to her mother on the night of June 13th if there was a problem and that never happened. 10:36am Mack is questioning the reliability of Richard Mitchell - the man who said that Cutts told him in May that he was going to kill Jessie and throw her in the woods. Mack is wondering why Mitchell never told anyone about that statement. 10:34am Mack said that other women who testified said that Bobby had no history of violence. 10:32am Mack said that the jury saw things that bothered them but ultimately, they have to decide whether those things shed light on Aggravated Murder and that they do not, Mack said they don't even come close. 10:29am Mack asked the jury to name one witness who came in and said that Bobby Cutts strangled Jessie Davis. He said that the State's own coroner could not determine the cause of death. 10:24am Mack said that the jury may be outraged at what they've seen but that outrage does not mean that Aggravated Murder was committed. 10:21am Barr said that not only did Bobby hide the body but he did it for 9 days knowing that when the bodies were discovered, he could say anything that he wanted. Barr then said, "Don't let him benefit by his continued deception. Find him guilty as charged." Barr is done with 13 minutes left on his time. He can use that time after Defense Attorney, Fernando Mack gives his closing arguments. Mack is now speaking to the jury. 10:19am Barr said that actions speak louder than words and Bobby's actions indicate a consciousness of guilt. 10:17am Barr told the jury that on June 16th (Saturday), Cutts called Jessie's mother and asked if Blake saw anything. Barr said, "Yeah, he did Bobby, he saw Mommy in a rug and he saw you mad." 10:14am Barr said that Cutts giving Myisha Ferrell $100, part for babysitting, wasn't reasonable, because Jessie was dead, Myisha wouldn't have to babysit. 10:12am Barr said Cutts said that he wasn't trying to hide the body. Barr asked, "What did he intend?" Barr said Cutts intended to destory the evidence of the case. Barr added that Cutts later washing his truck because of bugs on his windshield isn't reasonable - that he was again, trying to cover up evidence. 10:11am Barr said that there was no way that Blake could have gotten the hamburger buns onto his bed and then put the bag back up on the kitchen counter. Barr said Cutts left him food because he didn't know when he'd be back. 10:06am Barr said Cutts left a message on Jessie's phone at 7:11am on June 14th because he was already creating an alibi. 10:02am Barr said that Cutts said that he didn't want Blake so "see his mom that way," so why didn't he close the bedroom door and take Blake with him, unless he was trying to get away with murder. 10:00am Barr said that Cutts' story is unbelievable because his reaction was that of someone who was trying to cover it up. 9:58am Barr said that now that Cutts has testified, there's an issue of credibility. He said that Cutts had the opportunity to sit in the courtroom and listen to all the testimony and then mold his story based on the evidence. He also spoke about the nine days that Cutts lived a normal life while Jessie's body was rotting in the woods. 9:54am Barr said that for the Gross Abuse of a Corpse charge, the jury only needs to look at the pictures. He added that the Child Endangerment charge is shown by the fact that Cutts left Blake at home for more than 24 hours, creating a substantial risk to the health of a 2 1/2 year old child. 9:50am Barr said that Cutts knew when he was strangling Jessie that not only was he killing her, he was killing the baby inside of her. Barr said that if medical attention had come, the baby may have survived. 9:49am Barr said that Cutts didn't have to go in the home with the intention to commit murder, that intent can be formed in just an instant. He could decide it while he was strangling Jessie. He told the jury that they must follow the law. 9:47am Barr is explaining the Aggravated Burglary charge saying that someone can enter a home with consent and still become a trespasser. Barr said that it can be conferred that the privilege was revoked when Cutts put his arm around Jessie's neck. Barr said that he's using force to stay in the home and he's therefore a trespasser. 9:46am Barr is reiterating that Cutts had $2,800 per month in loan payments and more than $1,000 a month in child support payments with more to come with the unborn child. He is telling the jury that financial pressure is motive. 9:45am Barr said that you don't hide the body unless you're trying to cover up something - a criminal act. 9:41am Barr told the jury that Dr. Kohler testified that there was no bone damage to the body, there was no blood at the scene. He asked the jury what reason would tell them happened. He said the only reasonable explanation is that Bobby strangled Jessie. 9:36am Barr said that Bobby Cutts, Jr. did commit all the crimes that he is charged with and the jury, if they evaluate the evidence, will be convinced of his guilt - and that's beyond a reasonable doubt. 9:34am Assistant Prosecutor, Dennis Barr, is giving closing arguments for the State of Ohio. 9:33am Judge Brown has told jury members that they are about to hear closing arguments. He said that after closing arguments, there will be a lunch break and then the jury will receive its instructions. The instructions are over 100 pages. 9:30am The jury is now coming into the courtroom. 9:17am Judge Brown has ruled that lesser charges of both voluntary and involuntary manslaughter will not be allowed to be considered by the jury. 9:06am Judge Brown is currently discussing jury instructions with attorneys from both sides. The jury is not yet in the courtroom. 8:52am Attorneys are in the courtroom but we are waiting for court to be in session. Patty Porter (Jessie's mother) is in the courtroom for the first time since being called as the first witness last Monday - I expect that means that closing arguments will be the first order of business today.











