
Accused killer Lemaricus Davidson pointed the finger at his brother after he was arrested for the murders of Channon Christian and Chris Newsom.
During a motions hearing on Friday, lawyers argued over whether Davidson's statements to police should be allowed.
In the interrogation video submitted into evidence on Friday, Knoxville Police Investigator Ryan Flores read Davidson his rights, had him sign a waiver then spent the next 3 hours trying to gain his trust.
"You tell me the truth and we work with you," Flores told Davidson.
"How can you work with me on two murders, man? How can you work with somebody on two murders?" Davidson responded.
Davidson admitted to Flores that he was a drug dealer and convicted felon. However, Davidson tearfully denied harming Christian or Newsom.
In a 97 page transcript, Davidson says his brother Letalvis Cobbins and friend George Thomas stole the Toyota 4-Runner that belonged to Christian. Davidson said he blamed himself for the carjacking because he had been pressuring his brother for money.
Davidson told officers that he believed Thomas killed Newsom and may have used Davidson's gun to do it. "I knew girl was at my house. I knew that G [Thomas] killed dude."
The suspect also told police he used the stolen SUV to take drugs to people in several different parts of town, but when Cobbins and Thomas began acting suspicious he did what he could to distance himself from them. "But I drove it and then after the fact they started acting funny I parked the car... wiped it down and parked it," Davidson admitted.
During the hours of interrogation, Davidson told investigators he saw Christian and Newsom tied up in the back of the SUV before he saw Christian inside his home. "They didn't bring the dude over there. Dude never did come in the house. The girl did though."
Davidson said he left the area after he saw the couple. "I knew that they were gonna kill them, man."
Before he left, Davidson said he saw the men lead Christian into the house untied. He admitted twice during the interview to speaking to the scared girl.
"She told me she didnt' want to die you hear me. Like she... she seen my face man," Davidson said.
Flores continued the conversation, "did you say anthing to her?"
"I told her that it was gonna be alright, you hear me. That she... I didn't think my brother was gonna kill that girl man or whoever did was gonna kill her, you hear me. I told girl I'll make sure she got out, you hear me," Davidson responded.
Although Davidson never admitted to being involved in the crimes against the couple, he did tell police he used a gun to rob a Pizza Hut for a couple of hundred dollars to buy drugs.
"I'm a drug addict, I smoke week constantly you hear me. I gotta have weed to almost function and I believe that I'm bi-polar too," Davidson explained. "But I never smoke crack, never. Cause I seen what it done to my mom. But like snorting... snort... snorting that's what I did all... with all that money, got some powder and some weed and went... went... went at it."
When Investigator Flores asked Davidson for DNA samples, the suspect started talking about his arrest earlier that day. The Memphis native said he didn't trust other officers after the way they pulled him out of the abandoned house on Ridgebrook Lane. "Dude telling me I can't wait to get you by myself," Davidson said.
Davidson repeatedly asked to speak to his girlfriend Daphne Sutton during the interrogation.
Davidson's attorney, David Eldridge told the court that investigators recorded phone calls between Sutton and Davidson before his arrest. However, the recordings are not available.
Assistant District Attorney Leland Price admitted the recordings were apparently lost while in federal custody.
Patrol car video showed a more composed demeanor as Investigator Gregory McKnight read Davidson his rights shortly after he was pulled out of an abandoned house on January 11, 2007.
The video shows McKnight repeatedly trying to start a conversation with Davidson, even telling him "you know you had to get this over with, all this hiding out," McKnight told Davidson as he helped transport the suspect to the safety building for questioning.
Prosecutors also called Sergeant Keith Debow to testify about how SWAT officers pulled Davidson out of a window at the abandoned house.
Debow said he was used a 9mm submachine gun to break open a window where Davidson was standing with his hands up in the air. The SWAT officer said there were about 30 officers from city, county, state and federal agencies at the scene when Davidson was taken into custody.
Eldridge asked Debow about the intimidation of the officers uniforms, weapons and armored vehicle.
Assistant District Attorney Takisha Fitzgerald played a video tape of Davidson in the interrogation room to show his physical condition, while showing the court his clothes. Fitzgerald was using the visuals to establish if Davidson was hurt during his arrest.
In previous motions, Davidson's attorneys say his arrest was unlawful and he was not made aware of all his rights. They are trying to get his statements thrown out.
Criminal responsibility argument
Earlier Friday afternoon, defense attorney Thomas Dillard asked for Judge Richard Baumgartner to pressure the prosecution for more information on the long list of indictments in the case.
Dillard argued that the defendants have not been put on notice for their criminal responsibility for the carjacking, rapes and murders of Channon Christian and Chris Newsom.
Dillard and Stephen Johnson represent George Thomas who is one of four defendants in the case.
During his argument, Dillard told the judge the defendants do not know if they are being charged as the principal suspect, accessories or if they are accused of aiding and abetting. He then asked the judge to dismiss the indictments if specific notice is not provided by the state.
Letalvis Cobbins' attorney Scott Green says without proper criminal notice it is difficult to prepare a defense without knowing what the state believes his client did.
Assistant District Attorney Leland Price says the indictments are appropriate for each of the defendants.
The judge has not made his decision on whether he will order the state to specify their theory on the role of each defendant in the crimes.
Attorneys argue over search warrants
On Friday morning, attorneys reopened the argument over the legality of the search warrant that led to Knoxville Police finding Channon Christian's body.
In January 2007, investigators say Channon Christian and Chris Newsom were on a date when they were carjacked, raped and killed in East Knoxville.
Christian's body was found on January 9, 2007 at 2316 Chipman Street. The house was being rented by Lemaricus Davidson and his girlfriend Daphne Sutton.
The first page of the search warrant was not signed by the requesting officer, because the signature line was cut off when he printed the document on the wrong sized paper.
In March, the court heard testimony on the issue. The judge was expected to make a ruling on the search warrant admissibility, but the decision was delayed by the information received from TBI in April.
TBI rough notes handed over to the defense in April caused attorneys to file another motion to argue anew against the search warrant.
Friday morning, defense attorney David Eldridge called TBI agent Denise Morissey to the stand to talk about her rough notes.
Morissey testified she had written notes calling the first warrant a "bad warrant" and writing "DA's office doesn't think they can charge".
The TBI agent told the court she was helping to serve a federal warrant on the Chipman Street house when she made her notes.
During questioning from Eldridge, Morrissey also said a KPD investigator told her that clothing had been added to the house between search warrants. Her notes state, "items in floor between second and third warrant by someone?"
She also testified that investigators told her that there were Wendy's cups found at the scene after previous search warrants were served.
Eldridge told the judge that he is questioning not just the first warrant, but the third search warrant on January 12 as well. He says Morissey's notes reveal an unexplained entry that added evidence to the scene between the second and third search warrant. Eldridge says this is proof that the scene was not pure, it was contaminated.
Assistant District Attorney Leland Price says the crime scene video shows the cups were there for the first search and Morissey was misinformed that the scene was tainted.

Updated: 7/18/2009 7:00:16 PM 




