Home > Crime > Christian-Newsom Motion Hearing for Lemaricus Davidson

Christian-Newsom Motion Hearing for Lemaricus Davidson


Screen shot 2013-01-10 at 9.21.52 AMLemaricus Davidson’s attorneys are calling for a new trial claiming the jury held a religious praise service while deliberating on the death sentence for Davidson.

An unnamed blogger who was supposedly on the jury claims the jury was split eight for and four unsure about the death penalty.  The blogger claims, out of the five-plus hours spent deliberating, four hours were spent in prayer and reading the Bible.

Other jurors have since come forward after the motion was filed and insist the claims are just not true, nothing of the sort happened during deliberations.

Eldridge says the information was provided by the State.  Judge Kurtz asks, didn’t you receive this information in November of that year?  It was after the trial.

Defense calls Chris Baber.

Were you a juror at Mr. Davidson’s trial in 2009?  Yes, I was.

Baber is religious and led songs to cheer people up.  He had his guitar with him.  On the ride back to the hotel he asked a bailiff if he could play some songs that night because they had seen the horrific evidence photos and he thought they might help.  Bailiff said she would have to get permission.

Several pages of lyrics were copied by the bailiff and given to the jurors.  Baber had them with him because he leads church services and was practicing the songs.

Baber says the performance happened in the cafeteria area at the hotel.

Baber says he doesn’t remember if all the jurors were present.

Was a scripture also read?  Yes I believe so, by Rodney.

Was Rodney reading from the bible?  It seems so.

How long did this event take?  25 minutes maybe.

During deliberations did you all have a prayer?

Objection.  Judge allows the question.

I don’t recall having a prayer in the room.

Do you recall any mention of the songs you sang a few days before?  No.

Leland Price on cross.

Do you recall if the performance happened before the State concluded the case?  Yes.

Were you deliberating?  No.

Was the ‘service’ mandatory?  No.

Judge Kurtz asks if this happened only on 1 occasion?  Yes.

OMG, Eldridge says that’s it…the other juror waiting in the hall has been excused!!!!!

Now they are discussing which of all the motion attachments should be moved as exhibits.

Eldridge wants the blog post included.

Both sides agree it has not been verified as actual writing of a juror.

The blog doesn’t indicate who wrote the entry and the Judge says it’s inadmissible.

Judge sustains the State’s objection.  Says he won’t consider the blog post in his ruling

Pretty desperate on Eldridge’s part.  He’s just stumbling around, hemming, and hawing.

Eldridge says if the blog isn’t accepted, he has no more argument.

Motion is overruled!!!

Total waste of everyone’s time!

Kurtz says the motions for the 3 retrials will be decided by the end of next week!

  1. 01/15/2013 at 4:11 pm


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