Home > Crime > Christian-Newsom – The Retrial Dilemma

Christian-Newsom – The Retrial Dilemma

12/13/2012

After Judge Blackwood was removed and Judge Walter Kurtz was appointed as his replacement, the task of deciding whether to allow retrials for Lemaricus Davidson, Letalvis Cobbins, and George Thomas fell to Judge Kurtz.  Today he is wading through the ton of motions filed by the defendants.

David Eldridge, Lemaricus Davidson’s attorney, is going on about issues of Baumgartner’s drug addiction and the fact he never acted as the 13th juror.

Basically, they want Blackwood’s decisions to stand on the 13th juror and he questions whether Kurtz can do that just reading old records.

Claims there were witnesses putting Davidson and Christian together before weekend of killing.

Eldridge alleges consensual sex with Davidson and drug use by Channon.

At this point, Gary Christian jumps up and storms out of the court saying bullshit loudly.

Claims Davidson wasn’t even there at the time Channon died, he had left the house.

Takisha Fitzgerald is now laying out the circumstantial evidence, Davidson is the one committed these crimes.

There is DNA evidence and Davidson’s fingerprints and he was in possession of Channon and Chris’ belongings.

She tells Kurtz, Eldridge didn’t raise these witness credibility issues until 2 years after trial.  Baumgartner pleaded in March 2011 but defense didn’t complain about 13th juror deal till Sept 2011!

Jan 10th there will be another hearing regarding Davidson!

Now on to George Thomas, he’s waived his presence!  Thomas has the same 13th juror issue and whether Kurtz can act or not.

Steve Johnson begins with while Thomas admits being in the house on Chipman Street, he was asleep when the kidnapping happened and he had no idea they were going to do it.  There is no DNA evidence he took part in the crimes.

Of course that doesn’t excuse the fact he did nothing to prevent the torture and murders.

Johnson says there are serious credibility issues with Detective Nevil Norman’s claim Thomas made a racist comment about Channon because Norman didn’t tell that story until more than year after his discussion with Thomas.

Johnson also says just because Thomas rode around in the 4 Runner does not indicate he wanted to take possession of the vehicle.

Now, Tom Dillard is arguing about legality of a warrant less arrest of Thomas.  This has been gone over about a gazillion times.  So, because this was an illegal arrest, the statements they obtained from Thomas should be suppressed.

An ankle holster found in car Boyd borrowed was tested only this year. Boyd’s DNA was found on it so Dillard claims now that they know this and no Thomas DNA was ever found, it highlights no forensic evidence against Thomas.

Defense claims a Brady issue because the State knew about it and had this been brought out in trial it would have helped Thomas.

Leland Price says the holster was collected and photographed early on before the trials and the defense knew about this for a long time and could have asked to have it tested at anytime.

Defense didn’t challenge credibility of witnesses at trial, instead argued proof at trial wasn’t enough to convict.  The fact the Thomas fled to KY is proof of guilt.

Price says if Kurtz looks at the case, he can act as 13th juror.

Kurtz will issue written decisions by mid January.

Now onto Letalvis Cobbins. Kim Parton is babbling about Baumgartner was a drug addict and his rulings on the 150 motions they filed, are suspect.

Parton says if Cobbins not given a new trial, they will be back in maybe 10 years retrying this case.

Parton complaining with all the changing of lawyers and the amount of evidence in the case caused them to file a motion to delay the trial, but Baumgartner denied the motion.  Therefore they didn’t have the time to do all the investigation they needed to do.

They were focused on looking into Eric Boyd’s participation because he worked at the same mall Channon worked so maybe he targeted her.

She’s also stating the photos used at trial were gruesome and shouldn’t have allowed.

Judge Kurtz says we are here to argue 13th juror issue and why aren’t you talking about that.

Parton is totally clueless here!

OMG! Patron just said, I can’t stand here and say there were overriding issues of witness credibility and admits there is no 13th juror issue here!

Takisha again says the State believes the court can act as the 13th juror.  The record and evidence show Cabins’ guilt.

Leland Price addresses all the side issues Patron brought up.

I’m not really even sure why Parton showed up here today!

Judge Kurtz will issue a ruling mid January.

So, we continue the waiting game!

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  1. ritanita
    12/13/2012 at 5:23 pm

    If you put the three hearings together, donchais, it seems to me that they were ALL in the house and NONE OF THEM did anything wrong. Oops, Ms. Parton admitted Cobbins admitted to raping Channon, Well, his DNA WAS recovered!

    So, we had all these guys in the house and, of course, “Nessa” who has already been retried and found guilty of a whole bunch of things.

    But these fellas, didn’t kill anyone! It had to be BOYD! Yeah, right! Balderdash!

    • donchais
      12/13/2012 at 6:05 pm

      I’ve no doubt Boyd played a much bigger role in this and the parents and the State must be terribly frustrated. It boils down to the “tried and true”, finger pointing defense. It is apparently clear, TN doesn’t have the ‘good samaritan’ law on their books or all these thugs would have been gone a long time ago….no further need to ask questions…guilty!!!

  2. David In TN
    12/13/2012 at 6:13 pm

    The thing about Boyd is that he apparently provided the “wheels” for the kidnapping. Davidson’s car supposedly didn’t run. Cobbins said in his police interview that it was Davidson, Boyd, and himself who carried out the abduction.

    Boyd never did admit to being in the Chipman house while the murders took place. Thomas, by contrast, did acknowledge being in the house.

    • donchais
      12/13/2012 at 7:04 pm

      Yeah, if I think about Moe, Larry, Curly, and Shemp…Boyd is Moe, the smarter one and kept his mouth shut while the others just babbled, pointing fingers! Boyd’s day will come.

  3. Annie Ladysmithj
    12/14/2012 at 1:26 am

    Thankyou for keeping us posted on this terrible ordeal the families are going through again. This is the worst racist crime ever committed in an American city and the fact that these 5 are still alive does not give me any hope for this nation. Justice? Just makes me sick! Time to posse up and swiftly make the punishment fit the crime. thank you again, take care.

  4. ritanita
    12/14/2012 at 7:08 am

    I agree that they need to get Boyd, but I don’t think his DNA on his own holster is going to get him. After all, it WAS his. Heck, the same could be said about his toothbrush had it been in his car.

    I do know that, to get Boyd, they need proof beyond the testimony of co-conspirators. I hope they come up with something, so they can at least charge him for the kidnappings.

    That does not, however, absolve the other 3 in any way.

    I still don’t get the concept that a person can be in a tiny house, knowing there is someone being raped and tortured, is NOT an accessory to the crime. That’s pretty much what Thomas’ attorney argued.

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