Updated: 12/1/2009 7:49:05 AM
An afternoon of motions in the third trial for the murders of Channon Christian and Chris Newsom has resulted in computer evidence being tossed out, but the bulk of rest of the disputed evidence is eligible.
While a delay was possible based on motions filed prior to Monday's hearings, the way is now clear for George Thomas to go to trial on Tuesday.
Judge Richard Baumgartner ruled in the defense's favor on one major issue, the computer evidence seized from the home of Natasha Hays. That's where George Thomas was arrested, and where investigators say Thomas searched for local news reports on the murders of Christian and Newsom.
Prosecutors intended to use the web history to back up other evidence that Thomas and co-defendant Letalvis Cobbins were looking for news of the crime.
Judge Richard Baumgartner ruled, however, that detectives will not be allowed to present evidence that the web history included a visit to knoxnews.com. The defense had argued against that evidence being allowed, on the grounds that it was not presented for discovery until extremely close to the trial.
The defense argued they'd need more time to examine it but that a delay to allow that time would be an unfair violation of Thomas' right to a speedy trial.
The judge agreed to the extent that he tossed the evidence out but said the controversy over the timing "doesn't even amount to a molehill."
The judge also ruled in favor of a compromise on letters between Thomas and Cobbins in jail. Baumgartner ruled that the person who intercepted the letters at the jail may read in court the friendly salutations and closings but none of the letter contents. Likewise, the letters themselves will not be introduced into evidence.
The prosecution will likely use those greetings and closings to argue that Thomas and Cobbins maintained a genial relationship and friendship even after the crimes, in an effort to defuse an argument that Thomas was an unwilling bystander to the crimes.
However, the judge did find the bill of particulars used in Thomas' arrest was specific enough. The defense had argued against it in an effort to get the evidence gathered at his arrest tossed.
The prosecution also got a victory in the judge allowing a statement by Detective Nevil Norman. This was an exchange between Thomas and Norman after Thomas' formal interview, not written down until months later, when Norman sent a memorandum about the exchange to the sheriff.
In it, Norman said Thomas had a dismissive attitude to whether Channon Christian lived or died.
Baumgartner found Norman to be a credible witness and ruled the evidence should be admissible.
"This is a circumstantial evidence case," Baumgartner said. "Intent is a jury question."
The defense also sought to have Thomas' phone calls from jail to then-girlfriend Stacey Lawson tossed out, to no avail.
The prosecution argued the content of the call was relevant. The defense argued the foul language would be prejudicial to a jury against their client.
However, Baumgartner found the call gave evidence as to Thomas' state of mind after the crimes. He found the probative value of such statements would outweigh any prejudicial impact, so he will allow the phone transcript evidence.
Previous: Hearing covers disputed evidence
The third of four defendants is set to face a Chattanooga jury in a Knox County courtroom for the murders of Channon Christian and Chris Newsom Tuesday.
Monday, attorneys for 26-year-old George Thomas and prosecutors were in court for a motions hearing before the trial begins. Thomas himself was not present.
Last week, Thomas' attorneys filed a motion to get the computer evidence thrown out. Thomas Dillard and Stephen Johnson said they just found out the state would be using the computer evidence at trial, and they want time to do their own study on the hard drive.
The evidence is from a computer, seized from a home in Kentucky.
The defense said they don't want to delay the trial, but if Judge Richard Baumgartner does not give them time to do their own review of the evidence, they want it excluded from their client's trial.
Monday, Judge Baumgartner decided to not allow a detective to testify during trial that the web browsing history on the computer indicated that Thomas and convicted co-defendant Letalvis Cobbins searched for news of the carjacking and double-murder. Baumgartner said the evidence "doesn't even amount to a mole hill."
Background
Thomas was arrested along with Letalvis Cobbins on January 11, 2007 in Natasha Hayes' Lebanon, Kentucky home.
Cobbins was tried and convicted for Christian's premeditated murder in August. A Nashville jury sent him to prison for life without the possibility of parole.
Then in October, Cobbins' older half brother and co-defendant Lemaricus Davidson was tried and convicted for the premeditated murders of Christian and Newsom. A panel of Knox County jurors imposed 4 death penalty sentences on the man police called the "ringleader" in the crimes.
During the Cobbins and Davidson trials, TBI DNA Serologist Jennifer Milsaps told the court the DNA from both men was found on Christian's body and her clothes.
KPD Fingerprint analysts Daniel Crenshaw and Tim Schade also testified that Davidson's prints were found in Christian's SUV and on the trash bags used to wrap her body.
Evidence in Thomas case
So far, the evidence revealed against Thomas amounts to library rentals, computer evidence and testimony from Davidson's ex-girlfriend.
Investigators used two DVDs and a video game found at 2316 Chipman Street to track down Thomas in Kentucky and to get his full name.
After police found Christian's body in the house, they seized several items from the property, including a Manchurian Candidate and 40-Year-Old Virgin DVD, along with a Grand Theft Auto video game. The movies were borrowed by Thomas from the Marion County Library in Lebanon, Kentucky, according to library records.
According to testimony from Natasha Hayes during the Cobbins trial, she let Thomas, Cobbins, and Cobbins' girlfriend Vanessa Coleman stay at her house in January 2007. Hayes testified that Thomas and Cobbins were monitoring news websites in Knoxville to follow the coverage of the crimes at Chipman Street. Hayes also said she heard the men arguing about what they saw on the computer upstairs.
Pending rulings
Judge Baumgartner also still needs to rule on the memorandum submitted by Knox County Sheriff's investigator Nevil Norman.
Norman testified on November 20th, that he had an "off the record" conversation with Thomas after his taped interrogation with investigators on January 11, 2007.
Norman said as Cobbins passed Thomas, he told him to tell the truth and not to go with the other story.
That's when Detective Norman asked Thomas why he didn't call someone about the crimes. The detective said Thomas' answer shocked him.
According to Norman's memo (caution vulgar language), Thomas allegedly said "(Expletive) that white girl. She don't mean nothing to me. You cops come into my neighborhood and kill us. Why should I get involved in something that's none of my business."
It took 17 months for Norman to tell anyone about the conversation he had with Thomas when the tape wasn't rolling. During his meeting with prosecutor Leland Price and Sheriff J.J. Jones, Norman was told to document Thomas' remarks in a memorandum.
The defense wants the memorandum excluded, along with Thomas' taped interrogation, because they believe Thomas' arrest was illegal.
The judge needs to rule on the admissibility of the memo and the interrogation. Those decisions, along with the judge's ruling on the computer evidence, could be revealed during Monday's motions hearing.
Witness testimony
When Thomas does go to trial, it is likely he will face Davidson's ex-girlfriend Daphne Sutton. Sutton has testified she saw Thomas in the Chipman Street house rolling a joint on Sunday January 7, 2007.
Medical examiner Dr. Darinka Mileusnic-Polchan testified during Davidson's trial that Christian died sometime Sunday afternoon into Monday January 8, 2007.
Newsom's shot and burned body was found January 7.
Chattanooga jury
Meanwhile, 12 jurors and 3 alternates are preparing to leave their families and lives in Chattanooga to be sequestered in Knox County for about 10 days.
In mid November, Judge Baumgartner, the defendant, and the attorneys involved in the Thomas case traveled to Hamilton County to question more than 160 potential jurors.
On November 18th, attorneys picked 5 white women, 5 white men, 1 black man and 1 black woman for the 12 member panel. However, as the judge began to brief the jury, the black male juror raised his hand and said his younger sister was murdered, and the gruesome pictures to be shown at trial would bother him.
The judge tried to talk the man into remaining on the panel, but the defense objected. The black male juror was replaced by a white female alternate.
Fifteen jurors will be driven to Knoxville on Monday afternoon and kept in a local hotel, where they will forfeit their phones, blackberries, and computers for the duration of the trial.
