Updated: 9/8/2009 8:31:02 PM
Judge Richard Baumgartner said he will not allow the state to use Lemaricus Davidson's prior carjacking conviction against him if he decides to take the stand during his trial.
The judge says he feels the previous carjacking conviction would be prejudicial to the jury and could create the thought that "if he was convicted for carjacking before, he must have done it again."
However, the judge will allow the prosecution to use Davidson's aggravated robbery charge, which was connected to his carjacking conviction in 2001.
Judge Baumgartner says the aggravated robbery charge shows a trend of dishonesty and violence that could impeach Davidson's credibility.
Baumgartner says research revealed Davidson pleaded guilty to using a deadly weapon or by force and intimidation committed the carjacking and aggravated robbery. The language on the record confuses the issue on whether or not the conviction is a prior violent act and if it can be used as an aggravator.
Davidson's defense attorney David Eldridge says his client's prior carjacking conviction would cause confusion with the jury.
"That he has a propensity if you will, to commit crimes of this nature, and as a result invites a jury to convict Mr. Davidson for the wrong reasons," Eldridge told the court.
In January 2001, Davidson was sentenced to 8 years for aggravated robbery and carjacking, but he was released from the West Tennessee State Penitentiary early, in August 2006.
"He was in custody up until just several months before these crimes were committed; therefore, we think that actually enhances the value his prior convictions," Assistant District Attorney Leland Price told the judge.
But the judge said if Davidson takes the stand, the prosecution can use the aggravated robbery, but the carjacking is not admissible.
"Why shouldn't that come up? Why should that not be put on the table? I don't understand when things like this happen," Chris Newsom's mother Mary said during an interview after Tuesday's motions hearing.
"What does he do? Another carjacking, and we lose two great kids. Why should that not be heard by the jury and everybody in the United States?" Chris Newsom's father Hugh added.
Davidson was released from prison just 5 months before the carjacking and murders of Channon Christian and Chris Newsom.
"If they wouldn't have let him out early, my daughter would be standing here with us, but they let him out early for carjacking, and now she's dead, and they won't let them talk about it in court," Channon Christian's father Gary said.
"It went from carjacking to murder, so you tell me why it's not relevant. Every time he gets out of prison, he gets more violent," Channon Christian's mother Deena said.
Defense fighting other evidence, wants more time to question jurors
Attorneys argued over Lemaricus Davidson's criminal history in Criminal Court Division I on Tuesday afternoon.
Judge Richard Baumgartner will decide if Davidson's prior convictions can be used as evidence in his upcoming trial, later this month.
Davidson was convicted of a carjacking in Memphis or Madison County in 2001, which landed him in the West Tennessee State Penitentiary for years. At that time, Davidson was convicted for aggravated robbery and carjacking and sentenced to 8 years on January 16, 2001. However he was released early. Davidson was released on August 5, 2006.
Davidson's co-defendant and younger brother Letalvis Cobbins went on trial for the carjacking and murders of Channon Christian and Chris Newsom in August.
During Cobbins' trial, prosecutors called Vincent "Vinnie" Wernimont to the stand to testify about his friendship with Davidson, which started while the men were imprisoned in the West Tennessee State Penitentiary.
Wernimont says Davidson, also known as "Slim," got out of prison in 2006. That's when Davidson moved to Knoxville to live with Wernimont.
In October 2006, Davidson and Daphne Sutton moved into a rental property at 2316 Chipman Street.
Cobbins testified that his brother had been in and out of prison most of his life.
One of Cobbins' sisters, Misha Davidson, testified that Lemaricus Davidson was already incarcerated at the age of 14.
Jury selection for Davidson is expected to begin on September 21.
On Tuesday morning, Davidson's defense attorneys submitted several motions in an effort to get critical evidence against their client thrown out.
One motion asks the court to exclude fingerprint evidence.
During Cobbins' trial two Knoxville Police Officers took the stand to testify about finding Davidson's fingerprints.
Dan Crenshaw and Tim Schade testified about finding Davidson's thumbprint on a bank envelope in Christian's SUV, and on her paystub, on her Blockbuster video rental card. The investigators also identified Davidson's prints on the trashbags, which held Christian's body.
Defense attorneys David Eldridge and Doug Trant have argued the fingerprints meet the standards for admissability. The defense is also asking the court for more time to individually question potential jurors.
Judge Baumgartner's staff has scheduled 25 jurors for the morning and 25 for the afternoon sessions beginning Monday September 21 and going through Thursday.
Defense attorneys said that only allows an average of 7 minutes to question each prospective jurors, which they say is not enough time to talk about controversial subjects such as the death penalty.
On Tuesday afternoon, Judge Baumgartner agreed with the defense that they would not be able to question 25 people in 3 hours. The judge is suggesting they schedule 15 potential jurors per 3 hours.
Baumgartner told the attorneys he thinks jury selection will take more than a week, but he hopes to hear testimony beginning October 5th.
The judge also informed the attorneys that he wants to hand out about another 100 jury questionnaires on Monday September 14. That jury pool is for other trials, but the judge wants to hand out more questionnaires to increase the number of potential jurors for Davidson's trial.
