The Knox County District Attorney's Office has filed an appeal of a judge's ruling that granted new trials to the four defendants convicted in the murders of Channon Christian and Chris Newsom.
The young couple was carjacked, tortured, raped, and murdered in January 2007. Four defendants were charged with their murders. Lemaricus Davidson was convicted of first degree murder and sentenced to death. Letalvis Cobbins and George Thomas were convicted of first degree murder and sentenced to life in prison. Vanessa Coleman was convicted of facilitation of first degree murder of Christian and other charges and sentenced to 53 years.
After all the trials had been completed, in March 2011, presiding judge Richard Baumgartner pleaded guilty to official misconduct and resigned from the bench. Baumgartner admitted he was addicted to pain medication. A TBI investigation found that he also engaged in illegal activities and had an affair with a former defendant in his drug court.
On December 1, Special Judge Jon Kerry Blackwood granted new trials to all the defendants in this case.On January 5, the state appealed Blackwood's decision based on three questions: Did the court err in ruling that each defendant was denied a fair trial before an impartial judge? Did the court err in concluding that Baumgartner was mentally incompetent during each of the trials? And did the court err in ruling that Baumgartner failed to exercise his duty as a 13th juror.
The state also argues that new trials would force the families and the community to once again have to relive the horrible crimes in new trials. They also point out the great expense of re-trying each defendant, and the fact that once again, jurors would have to disrupt their daily lives for weeks to hear the cases.
The state says there is no doubt that Baumgartner did not live up to the high standards required of judges, however, they say there was no proof offered to show how his misconduct outside the courtroom had an impact on these trials or defendants.
The state also says there is no evidence that Baumgartner's addiction to pain medication impacted his mental competency during the trials.
As for the 13th juror argument, the state argues that Baumgartner did approve the verdict in each of these trials, satisfying that requirement under that rule.
They also argue that there was enough physical evidence in these trial that even if witness credibility was a question, the other evidence was enough that the court could discharge its responsibility as 13th juror.
Finally, the state is worried this ruling could have far reaching implications for criminal justice. They say that in no other case has a judge's misconduct or substance abuse served as grounds for a new trial. The fear is this ruling could set that precedent, and other cases could be appealed. The state says prosecutors could be forced to conduct pretrial investigations of judges to ensure its trials will not be reversed. The state would have to determine what levels of medications would be allowed before motions to recuse are filed.
The state has requested a stay in all proceedings related to these cases until the appeals court has time to review them and make a decision.
A hearing date is scheduled on January 12 to address scheduling of the new trials.
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