Blog: Cutts - 'I'm Asking You To Spare My Life'
3:48pm Judge Charles Brown is telling jury members to bring their luggage tomorrow as they will be sequestered during deliberations. Closing arguments will begin tomorrow morning. Both sides have rested. 3:45pm Cutts continues to cry. Looking up toward the sky multiple times. 3:43pm Cutts finished by saying, "Ladies and Gentlemen of the jury, I'm asking you to spare my life." He is now back at the table where he's been sitting for the entire trial. He has his head in his hand and continues to cry, using a tissue to wipe his nose and eyes. 3:41pm Cutts is crying now. He apologized to both of Jessie's parents and said that if there was anything that he could do to bring them back, he would. He asked for their forgiveness. Both of Jessie's parents are crying, as is Bobby's mother. He said he accepts responsibility for Jessie and the baby's death and is sorry that he left Blake home alone. 3:39pm Cutts said that he didn't become what he wanted to become. He said that he always loved being around and working with kids. Cutts' voice is shaking and he appears to be fighting back tears. 3:38pm Cutts apologized for reading from a statement but said that he was afraid he'd forget the words he wanted to say. He is not subject to cross examination since this is an unsworn statement. 3:37pm Bobby Cutts, Jr. is now taking the witness stand. He is giving an unsworn statement. 3:34pm Dr. Fabian is now finished on the witness stand. 3:32pm Barr asked if Fabian knew that the only people he spoke with about Bobby's past were Bobby's family and ex-wife. He said he is aware of that. Barr asked if Fabian ever bought a house and if so, if he took what the homeowner said for granted. Fabian said that he hired an inspector. Barr said, to verify things. Fabian said yes. 3:30pm Ranke is finished questioning Dr. Fabian. Dennis Barr is again questioning Fabian. 3:26pm Ranke pointed out that the charge against Cutts Jr. while he was a Canton Police Officer was dismissed. Fabian agreed. 3:19pm Barr is finished questioning Dr. Fabian. Carolyn Ranke is again questioning Fabian. 3:17pm Barr is asking Fabian about statistics surrounding intimate relationship murder. Fabian said that certain things would likely exist in someone's past if they were prone to committing intimate relationship murder and Barr pointed out that just because statistics are in favor of that, that they don't have to happen that way. Fabian agreed. 3:10pm After a sidebar, Dennis Barr again asked Dr. Fabian if he was aware of any prior conviction of Bobby Cutts, Jr. Fabian said that he is aware of a prior misdemeanor - he had previously testified that Cutts, Jr. had no prior record. 2:55pm Barr has asked Fabian if he saw the timeline that Bobby gave to police after Jessie went missing. Fabian said he did but did not include it in his report. Fabian said that Bobby has had deceptive practices in the past including looking for Jessie while she was considered missing. 2:53pm Fabian said that Bobby Cutts, Jr. was a pretty successful person up until this point. 2:49pm Ranke is now finished questioning Dr. Fabian. Assistant Prosecutor, Dennis Barr, is now questioning Fabian. Barr is asking about Fabian double checking what Bobby's family told him about Bobby's past. 2:43pm Fabian said that Bobby is not a psychopath and does not suffer from any kind of personality disorder. 2:40pm Fabian said that Bobby is not a high risk of future violence. 2:37pm Fabian said that Bobby would tend to repress anger and might occassionally act out aggressively based on his evaluation of Cutts, Jr. 2:32pm Fabian said that Bobby does not have a mental illness. 2:31pm Fabian said that Bobby told him that he didn't want to end up like his father. Fabian also said that to his knowledge, Bobby has no prior criminal record. He said that is significant because past behavior predicts future and in this case, there's no past history of violence. 2:30pm Fabian said that Bobby told him that his dad was not around during his childhood. Fabian said that Bobby described an estranged relationship with his father that continues to this day. 2:27pm Fabian said that certain things that happened in Bobby's childhood did not put him at any significant risk to do anything violent later in life. 2:24pm Fabian said that Bobby knew about some domestic violence between his parents. One such incident was when Bobby's father broke his mother's jaw. Fabian also said that Bobby's father was not there for his family. 2:22pm Fabian said he interviewed Bobby's mother, father, sister and ex-wife. 2:20pm Fabian said that he interviewed Bobby to obtain as much information as he could. He also interviewed Cutts' family. 2:18pm Fabian said that he reviewed various items. He looked at his file with the Canton Police Department - he also looked at prior child custody hearing records. 2:16pm Fabian said that his role as an expert in this setting is to educate the jury about potential mitigating factors in Bobby's life. He said he is not there to provide and excuse for Bobby Cutts, Jr. 2:04pm Court is back in session. John Fabian is now on the stand. He is a clinical psychologist. He is being questioned by Defense Attorney, Carolyn Ranke. 1:35pm Court is now in recess until 2pm. 1:32pm Cutts Jr.'s ex-wife, Kelly Schaub, is now finished on the witness stand. 1:31pm Hartnett is finished questioning Schaub. Defense Attorney, Fernando Mack, is questioning Schaub again. She said that Bobby would never have left his child home alone - referring to Blake. 1:27pm Schaub said that Bobby never left Brianna at home alone overnight. Schaub said that part of her decision to get a divorce was because of extra-marital affairs that he had in the past. 1:25pm Mack is now finished questioning Schaub. Assistant Prosecutor, Chryssa Hartnett, is now questioning Schaub. 1:23pm Schaub said that she still wants Bobby to be a part of Brianna's life - that she can't imagine what it would be like for Brianna not to have a father. Bobby is crying while he listens to his ex-wife. 1:22pm Brianna was born in 2001. Schaub said that when Brianna goes to see her father, she shows him things that she has done at school. 1:20pm Schaub said she first went to see her attorney to get a divorce from Bobby in March, 2007 and that it had nothing to do with this case. She said that she and Brianna have visited Bobby in jail. She said Brianna has also gone to see Bobby with her grandmother. Schaub said that both Bobby and Brianna light up when they see each other. She added that Brianna asks to see her dad. 1:19pm Schaub said that she finally left Bobby in February, 2007. She also said that Bobby was proud to be Blake's father. Blake is the son that Bobby had with Jessie Davis and Schaub said she welcomed Blake into their family. 1:17pm Schaub said that Bobby would play with the kids in the neighborhood. She also said that he was respected as both a father and as a police officer. 1:16pm Schaub said that Bobby had a great relationship with his nephew, Robert. 1:15pm Schaub said that Bobby would take Brianna everywhere - shopping, sporting events and to his mom's house. 1:12pm Schaub said that Bobby was a good provider. She said that he wanted their family to have better things. She said that he took care of Brianna and her financially. She also said that he took care of Brianna financially. 1:09pm Schaub said that Bobby was a good father to the child that they had together - Brianna. She said that Bobby would take care of Brianna or drop her off at Schaub's parents house. She said that he would do her hair. 1:07pm Schaub said that Bobby was always a good father to his first child, Taylor. Taylor is the daughter that Bobby had with Nikki Giavasis. Schaub said that Bobby tried to see Taylor as much as he could. 1:05pm Court is back in session. Kelly Schaub, Cutts Jr.'s ex-wife, is now on the witness stand being questioned by Defense Attorney, Fernando Mack. Schaub said that her parents and Bobby had a good relationship. 12:13pm All of the witnesses mentioned at the beginning of this blog may not be called to testify. It is thought that witness testimony will be finished today. Closing arguments would then take place tomorrow morning and the jury would get the case after that. Previous jury instructions took about 2 hours to read, this time, that should only take about 30 minutes. After closing arguments, the jury will decide on one of four options for sentencing on the Aggravated Murder convictions. The four options are death, life with no parole or life with eligibility for parole after either 25 or 30 years. 11:56am The court is now in recess for lunch. Jurors have been asked to be back in the courtroom at 1pm. 11:55am Cutts, Sr. said that there was one time when he hit his wife, Bobby's mother. He said that his family was otherwise very loving. Cutts, Sr. is now finished on the witness stand. 11:53am Cutts, Sr. said that his sone is the kind of person who would give you the shirt off his back. Ranke is finished questioning Cutts, Sr. Assistant Prosecutor, Dennis Barr, is now questioning Cutts, Sr. 11:50am Cutts, Sr. said that he is the reason that his marriage ended in divorce. He was drinking and gambling while married to Bobby's mother. He said that Bobby may have seen disagreements between his parents. 11:48am Cutts, Sr. said that he and Bobby had a great relationship when Bobby was a child. Cutts, Sr. said that his son was nicknamed Gobble because he looked like a little Butterball turkey when he was born. 11:46am Bobby Cutts, Sr. is now on the witness stand being questioned by Defense Attorney, Carolyn Ranke. 11:45am Defense Attorney, Fernando Mack, is now finished questioning Peterson. Prosecutors have decided not to question Peterson. She is finished on the witness stand. 11:43am Peterson said that she just told Bobby about what happened to her four days ago. She wanted him to know the power of forgiveness. She said that he told her that he misses his family, particularly his children. She said that her friendship with Bobby continues because she understands that he made a mistake. 11:42am Peterson said she told Bobby about what had happened to her because she wanted him to know that she understood both sides of what was going on. 11:38am Peterson said that when she was 16, she was hit by a drunk driver while on her bike and then taken to a field and left to die. She was found by a farmer the next day. She said that she lost part of her arm due to the accident. She said that the person who hit her was incarcerated and she went to his final parole hearing. She said she ended up forgiving the person who hit her. 11:36am Peterson said she's known Bobby for almost three years. She took her nephew to see Bobby play semi-pro football. She also said that since Bobby's been arrested, she kept in touch with him by sending him cards and then after he was in jail, they would correspond with letters back and forth at least once a week. She said the letters were words of encouragement. 11:34am Jennifer Peterson is now on the witness stand. She is not on the original witness list. She said that she's a student at Kent State University. She said that she is a former co-worker of Bobby Cutts, Jr. when they worked together at the HEAP office. He was an off duty officer there. 11:33am Davidson said that since June, it's like a big piece of his heart is gone. June is when Bobby Cutts, Jr. was arrested for the murder of Jessie Davis and her unborn child. Prosecuting Attorneys have chosen not to question Davidson, he is now finished on the witness stand. 11:32am Davidson is being questioned by Defense Attorney, Myron Watson. Davidson said that Bobby is very important to both Bobby's mother and sister. 11:30am Davidson said that Bobby is a great father and his kids love him. 11:27am Larry Davidson is now on the stand. He said that he is Bobby Cutts' best friend. 11:26am The jury has been asked to disregard the last question. Sharp is now finished on the witness stand. 11:23am Hartnett asked Sharp is he was with Cutts during the time for which he was reprimanded for covering someone's mouth. There was an objection and there is now a sidebar. 11:22am Defense Attorney, Myron Watson, is now finished questioning Sharp. Assistant Prosecutor, Chryssa Hartnett is now questioning Sharp. 11:20am Sharp said that while he and Bobby were at the scene of a shooting together, serving as police officers, Bobby screamed to Sharp to get out of the way of a car that was driving toward him. The driver was trying to hit him. Sharp said that if Bobby hadn't done that, he would at least be paralyzed. The suspect was arrested. 11:15am Sharp said he was Bobby's best man when Bobby got married to Kelly Schaub (now Bobby's ex-wife). 11:13am Sharp said that Bobby is a fun guy. Sharp said that Bobby never took anything too seriously. Sharp also said that Bobby received a Red Cross for saving someone's life. 11:10am Devonna Cutts is finished on the witness stand. Lamar Sharp is now on the witness stand. He is a Canton Police Officer. He went through the Police Academy with Bobby Cutts, Jr. and considers him a friend. 11:07am Devonna said she now lives with her mother but when she lived alone, he would drive by her house and check on her. She said he'd shine the light from his police cruiser in her windows to let her know it was him driving by. 11:04am Devonna said that since Bobby has been in jail, he continues to call her son Robert and joke around. She said that Bobby also tells Robert to listen to his mother. Devonna said that if Bobby stays in jail, she would still want him to keep in touch with her son. 11:02am Devonna said that Bobby's son Blake always wanted to be with Bobby. 11:00am Devonna said that Bobby had a good relationship with his kids and her son Robert as well. 10:58am Devonna said that after her parents got divorced, Bobby played the role of more than a big brother - he became like a father figure as well. 10:55am Devonna Cutts, Bobby's younger sister, is now on the witness stand being questioned by Defense Attorney, Carolyn Ranke. 10:30am Purdy said that she has been in touch with Bobby a few times while he's been in jail. Prosecuting Attorneys have said that they have no questions for Purdy - she is now finished on the witness stand. The court is now on a 15 minute break. 10:25am Purdy said that after her husband died, Bobby called to leave a message expressing that his thoughts were with her. 10:20am Purdy said that after Bobby became a police officer, she had him come back into her classroom to speak to her kids. She also said that she believed in teaching the whole child and that's why she stayed in touch with Bobby throughout High School and while he was at Walsh. 10:18am Purdy said that she school where she taught went up to 8th grade and Bobby would stop by over the next three years to see her. She also said that she maintained a relationship with Bobby while he was in High School at GlenOak. She said that she helped him at times during his those years. 10:15am Purdy said that she told Bobby's mother that she had a gifted child. She also said that she taught Bobby for 4th and 5th grades. 10:13am Purdy said that Bobby was always a hard worker in class who also enjoyed recess. She said she was impressed by him and he never resisted authority. 10:10am Kathleen Purdy is now taking the witness stand. She is a former elementary school teacher of Bobby Cutts, Jr. Defense Attorney, Fernando Mack, is questioning her. 10:08am Barr is finished questioning Jones. Watson is now questioning her again. Jones had said that Bobby never witnessed any abusive behavior by his father toward his mother. Jones is now finished on the witness stand. 10:00am Jones said that her divorce from Bobby's father (when Bobby was 5 years old) was hurtful for Bobby. She said that after that, Bobby told her that he wanted to be a different kind of father, be there for his children, which he was. Defense Attorney, Myron Watson, is finished with his questioning. Assistant Prosecutor, Dennis Barr, is now questioning Jones. 9:55am Jones said that having her son in her life means a lot to her. He is her first born. She said that before he got in trouble, he would call her 3-4 times a day. She said that he has told her that everything's going to be okay. Her voice cracked while saying that and Bobby dropped his head and wiped his nose again with a tissue - still fighting back tears. 9:52am While Jones talked about Bobby's son Blake, nicknamed Thunder, Bobby was seen fighting back tears. He is holidng a tissue in one hand. 9:48am Jones said that Bobby took all advanced classes in High School and then received a football scholarship to Walsh University. 9:44am Jones said that growing up, Bobby loved sports. She also said that he always had good grades. 9:39am The State of Ohio is not calling any witnesses. The first witness called by the defense is Renee Jones - Cutts' Mother. 9:31am The sentencing phase of this trial is now underway. Opening statements began with Assistant Prosecutor, Chryssa Hartnett. She asked the jury to consider whether the aggravating circumstances of the murder outweigh the mitigating factors. She said the answer to the question is yes and the only penalty that should be considered is the death penalty.Hartnett also told the jury that there are three aggravating circumstances to consider. The first is that the offense was committed while committing Aggravated Burglary (Cutts was convicted of Aggravated Burglary). The second is that two or more people were killed (Cutts was convicted of the Murder of Jessie Davis and the Aggravated Murder of her unborn child). The third is that he purposely cased the death of a child under 13 years old.Defense Attorney, Myron Watson, told the jury that Bobby Cutts' life is worth saving and worth preserving.Here's the 16-person witness list:Renee Jones (Cutts' Mother), Devonna Cutts, Bobby Lee Cutts, Sr. (Cutts' Father), Kelly Schaub (Cutts' Ex-Wife), Lamar Sharp, Denise Haidet (Cutts' Former Girlfriend), Kathleen Purdy, John Matthew Fabian, PSY.D., J.D., John Miller, Representative of Stark County Sheriff's Department, Jennie Snow, Scott Paradis, Wayne Paradis, Sandy Paradis, Michael Giollo, Larry Davidson (Cutts' Friend)
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