Updated: 10/27/2009 8:44:46 PM
Victim impact statements reviewed
Judge Richard Baumgartner will listen to family members put into words their pain caused by the murders of Channon Christian and Chris Newsom.
Hugh and Mary Newsom shared their victim impact statements along with Chris' older sister Andrea Bowers.
"I specifically remember him walking up to me that day and putting his arm around me before he left to meet friends this was the last time I saw my brother," Andrea Bowers said. "I mourn the loss of my brother and the life he never got to live."
Mary Newsom's remarks were brief, but her point was clear. "I am the proud mother of Chris Newsom because I know what Chris Newsom was really like."
The baseball player from Halls High School was also memorialized by his father, who talked about the loss that the family and their friends suffered.
Newsom was expected to be a groomsman in a friend's wedding, but he was murdered before he could celebrate that day.
Hugh Newsom said his son was not replaced at that wedding. Instead an empty space was left to remember the 23-year old son, uncle, brother and friend.
"Chris was no saint and I don't believe we've ever tried to leave that impression, however, he's never been charged with carjacking or rape," Hugh Newsom said.
However, Judge Baumgartner asked Newsom to remove the wedding story and his remarks about his son not facing carjacking or rape charges.
"Our kids are the victims they should not have been put on trial here," Deena Christian said after she explained her close relationship with her daughter.
The West Knox County mother explained that she knew her daughter very well, and knew that she never did drugs. Christian called her daughter her best friend.
After Christian was finished with her statements, the judge asked her to remove mention of the victims being put on trial.
"People have the right to present evidence the way they think they ought to present evidence," Judge Baumgartner said. "I don't want you to refer to their particular trial tactics."
Prosecutors asked Gary Christian not take the stand. They told the grieving father that he could be cross-examined, and he could get frustrated with defense attorneys.
However, Channon's older brother Chase shared his statements with the court.
"I said I love you sis, and she said I love you Chaser," Chase Christian said. "Those were the last words she ever said to me. That was the last time I ever saw my baby sister, my inspiration, and my best friend."
Both families are wearing read as a show of solidarity and because Sutton testified Davidson would not let her wear red because he hated red.
Davidson admitted to officers that he was in a gang. Investigators say he and his brother Letalvis Cobbins are members of the crips. Crips typically wear blue and their enemies "bloods" wear red.
Judge Baumgartner approved several pictures of the victims for use during the sentencing phase of the Davidson trial.
The judge allowed baseball pictures of Newsom, Christian photographed with children, and the couple together. Photographs of the victims with their families will also be allowed.
However, the judge did not allow pictures of Christian and Newsom as young children.
Co-defendant monitoring trial
Lemaricus Davidson's trial isn't quite over, but attorneys for George Thomas are not wasting anytime is collecting information from the proceeding.
Thomas Dillard and Stephen Johnson want the timeline used by the prosecution during Takisha Fitzgerald's closing arguments.
In a motion filed on Tuesday, Thomas' attorneys also asked for the aerial pictures of Davidson's house at 2316 Chipman Street and Washington Ridge Apartments.
The diagram of Davidson's house that was entered into evidence during this trial is also on the list being requested by Thomas' lawyers.
Thomas is expected to go to trial on December 1st.
Before deliberations began
Judge Richard Baumgartner has called a panel of Knox County jurors attentive and inquisitive.
They have asked written questions throughout the trial, however they were told by the prosecution that they won't have all the answers.
Prosecutor Takisha Fitzgerald delivered the first half of the state's closing arguments in the Lemaricus Davidson trial on Monday.
First thing Tuesday, the judge said Fitzgerald's allegations that Newsom was repeatedly raped by Davidson and Christian was raped orally by the defendant prompted 3 more pages of jury instructions.
Defense closing arguments
David Eldridge began his closing arguments with a story of British soldiers living in Boston in 1770. During a skirmish, Eldridge told jurors that the soldiers killed some civilians and outraged the community.
Davidson's lead attorney compared that case, to the murders of Channon Christian and Chris Newsom which has caused outrage in the region.
Eldridge then started his attack on the prosecution's case by taking aim at the prosecution first.
Eldridge told jurors that Fitzgerald made up a story about Davidson's involvement in the murders of Christian and Newsom.
The defense pointed the finger at Letalvis Cobbins, George Thomas and Vanessa Coleman for the crimes. He talked about testimony from Stacey Lawson that Coleman tried to hide Cobbin's gun under a bed at Natasha Hayes' house in Lebanon, Kentucky. Eldridge alleges Coleman knew the gun was used to kill Newsom.
The testimony of KPD firearms examiner Patricia Resig was also used to remind the jury that she could not conclusively identify Davidson's gun as the murder weapon. Resig also could not eliminate Cobbins' gun.
"You don't send a person to jail because they're gun could have been used," Eldridge said.
Investigators have called Davidson the ringleader in the case, but Eldridge disputed that theory.
"If Mr. Davidson is in charge of all this, is he gonna ensure that it goes down a 100 yards from his house? Is he gonna make them leave the body in his house," Eldridge told the jury.
The defense attorney admitted that Davidson was a drug dealer, then continued to allege a connection between the victims and the defendant.
"So I want make clear there is nothing about those two young people's drug use or connection with Mr. Davidson that makes it any less terrible as to what happened to them or deminishes in any way the pain," Eldridge continued.
The testimony of the Knox County Medical Examiner also came under fire during closing arguments.
Davidson's attorney pointed out paperwork with a signature from Dr. Darinka Mileusnic-Polchan that indicates Christian died on January 9, 2007. That was the day she was found.
However, the medical examiner testified in this case that Christian could have died sometime between Sunday night and Monday afternoon.
During Eric Boyd's April 2008 trial in federal court, Dr. Mileusnic-Polchan testified Christian died sometime Sunday afternoon or night.
Also during the Letalvis Cobbins' trial in August, the medical examiner said Christian's time of death was sometime Sunday night into early Monday morning.
Rebuttal
Assistant District Attorney Leland Price started his rebuttal by reminding the jury about the lives of Christian and Newsom. He said they had each other, jobs and everything to live for.
"He was a young man with his whole life, his adult life ahead of him," Price told jurors. "She had a boyfriend that loved her she too had a lot going for her."
At that time, Price said Davidson was unemployed, didn't have money, the rent was due, Ethel Lynn Freeman wanted money and he didn't have a car.
Price said "he had nothing except, ladies and gentlemen, he had a gun."
Then Price painted a gruesome picture of how the victims lost everything, while Davidson gained their belongings and 'Christian's SUV.
"Chris Newsom's down there on the railroad tracks. Everything's been taken from him," Price said while showing the jurors pictures of the victims' bodies. "She had been stuffed in a trash can there, at 2316 chipman street and she was slowly suffocating to death. She had lost everything just like her boyfriend."
The prosecutor admitted there are going to be unanswered questions in this case.
"There's only two people who can tell you what really happened to them," Price said as he showed the jury pictures of Christian's and Newsom's bodies. "But Mr. Davidson and his accomplices made sure they would never tell you all those, give you all those answers."
"They're the ones who put this bag over her face so she would never talk again. They're the ones who stuffed the socks in his mouth," Price added.
Deliberations begin
Shortly after noon, Judge Baumgartner finished giving the jury the second half of their instructions before giving them case to begin deliberations. After eating lunch the panel went to work on the case at around 1 p.m..
The judge separated the 2 alternates from the panel of 12 during deliberations.
Meanwhile, the jurors will go through 41 pages of 38 charges against Davidson. Although the verdict form indicates there are 46 charges, some of the rape charges were merged after a motions request earlier this year.
