Updated: 3/14/2009 7:01:10 AM
Judge Richard Baumgartner will decide if the search of 2316 Chipman Street was valid.
On Friday afternoon, defense attorney Douglas Trant told the court the affidavit to search Lemaricus Davidson's home was not properly signed.
"That this search warrant is not valid, I would submit for that reason the burden should then shift to the state," Davidson's attorney Douglas Trant said.
Defense attorneys for Davidson say because Knoxville Police Officer Todd Childress did not sign the first page of a search warrant, then the Court should not allow the search warrant or evidence discovered by the search.
The signature line is cut off. Childress said he did not realize there was supposed to be a signature line on the first page.
The second page is signed by Officer Childress and Judge Tony Stansbury.
Officers also said they were looking for Davidson because there was a warrant for his arrest on a misdemeanor unrelated to the murder case, but they found Channon Christian's body instead.
Attorneys also called in University of Tennessee forensic expert Dr. William Bass to prove officers weren't looking for Davidson, who is 6'4", in the trash can.
"Of the 21 subjects both males and females, only four could fit into a 32-gallon trash can," Bass said. "In stature, they were all under 5' 11"."
"That's why we're introducing this proof to show you that the state had no authority to look inside that trash can," Trant said, to justify calling Dr. Bass to the stand.
But prosecution witnesses say there was evidence that linked Davidson to the house and to Christian's Toyota Four Runner, which was found by her family on January 8, 2007.
Daniel Crenshaw remembered sending e-mails to investigators shortly after 2 a.m. on January 9, 2007, to let them know he made a fingerprint match.
He read his e-mail to the court.
"I have ID'd, identified the latent print from the bank envelope from the back seat of the Toyota, right thumb print of Lemaricus Davidson. According to records he has warrants on file not verified. Last known address 2316 Chipman Street," Crenshaw read.
SWAT officer Keith DeBow also took the stand to say it was obvious someone was in the trash can when police searched the house.
"When I entered into the kitchen, I saw in the far corner a large trash can that was oddly shaped, looked like it was overstufffed. I looked at Lieutenant Forkner and pointed at the trash can, and he immediately pulled his weapon up to bear, and I stepped forward, brought my weapon to bear, flipped the trash can lid, and saw the victim," DeBow said.
Judge Baumgartner will hear more arguments on this matter next month, and will make a ruling sometime after that.
Friday's arguments
Assistant District Attorney Leland Price told the court he was prepared to call Judge Tony Stansbury to testify to Childress' sworn statement. However, the defense waived testimony from the judge.
The prosecution then called Childress to testify to how he found Davidson's name.
Childress told the court Davidson's name came up when lab technicians found his thumbprint on an envelope found in Channon Christian's SUV.
Childress was also called to the stand by defense attorney David Eldridge on Friday morning.
Eldridge represents Lemaricus Davidson in a capital murder case in a double homicide. Davidson is one of four defendants accused of carjacking, raping, and murdering Channon Christian and Chris Newsom.
Attorneys are arguing over evidence found at 2316 Chipman Street on January 9, 2007.
In a motions hearing on Friday at Criminal Court Division I, the prosecution and defense called witnesses to talk about the lease and search warrant linked to the East Knoxville house, which has since been demolished.
The first exhibits submitted in the fight to suppress evidence were the search warrants for the Chipman Street house and the affidavit in support of the search warrant.
Childress testified furniture, clothes, and toothbrushes were found in the search of the house on January 9, 2007.
Prosecutor Leland Price also called James Mitchell to the stand to testify. Mitchell collected rent and took care of maintenance for the owner of the house, Sam Peroulas. Mitchell testified he went to the Chipman Street house in January to collect rent, but was told he would have to go back in a few days. Mitchell identified Letalvis Cobbins as the person who answered the door.
When Mitchell went back to the house, officers had taped it off for a murder investigation.
The prosecution also noted Mitchell's testimony also establishes inevitable discovery, which means, he would have discovered Channon Christian's body in the home after a period of time without rent.
Judge Richard Baumgartner ruled Lemaricus Davidson and Daphne Sutton were the lease holders to the house and had not abandoned the property.
However, the argument over the search warrant will continue Friday afternoon, with more testimony from more witnesses.
Knoxville Police officers found Channon Christian's body stuffed in a trash can that Tuesday afternoon.
Investigators recovered DNA evidence from her body and other evidence at the scene that also linked the house to the murder of Chris Newsom.
Officers also found bedding which matched the comforter that was wrapped around Newsom's shot and burned body.
Defense attorneys say the search warrant to get into the house rented by Lemaricus Davidson was not signed properly and they want the evidence thrown out.
Letalvis Cobbins' attorney Kim Parton filed a pile of motions on October 10, 2008, including a motion to suppress the search of the Davidson residence.
Cobbins is Davidson's half brother. He and his girlfriend, Vanessa Coleman and their friend George Thomas were staying at the house at the time of the murders.
Each defendant faces the death penalty if convicted for the crimes.
Two attorneys have been appointed by the state to represent Davidson, Cobbins, Coleman and Thomas.
