Bobby Cutts Murder Trial: Day Three

Bobby Cutts Murder trial
Day 3 – 2/6/08

Scott Garcia, Glen Oak HS football coach, is the first on the witness stand. He says Cutts called him the morning on June 14th and said that he'd be late to practice. Cutts was a volunteer coach. Garcia said that Cutts never showed up that day, or any other day.

Next witness is Joe Antonelli, he works at Key Bank and Household Finance as Senior Account Executive. In May or June 2007 he met Cutts. He was applying for a loan to consolidate bills. Cutts at the time owed 2 mortgages worth $135K. The monthly payments were over $1000 per month.

He had another personal loan in March of $10,600; monthly payment was $236. 26.22% interest, yikes! His credit history at the time he applied for the latest loan indicates his total monthly payments were $2800!

On a cop's salary! Talk about living above one’s means!

Cutts got approved for a $15,000 loan because his wife was making the payments on the car. $10k was used to pay-off the original personal loan.

The bank notified Cutts on June 14th that he was approved and he made an appt to sign the papers at noon. Cutts was at the bank for about a half hour.

Cutts received a few phone calls while he was at the bank.

Cross~
As a condition of getting the loan his had to prove his wife was paying the car loan? Yes.

You had to verify he was paying his debts and paying them on time? Correct.

No more questions

Redirect~

The credit report doesn’t reflect child support? Some reports do, some don’t; child support not reflected on Cutts’ credit report.

What was his monthly income? $5800.
But you don’t verify that? No.

Re-cross~

The income wasn’t reported as fraudulent? No.

Witness excused.

Next witness is Jill Butler. She works at New Horizon. She has known Cutts around 7 years. She met Cutts at the apartment complex she lived at. Cutts had moved into the complex also. Geez, another freakin affair! They were involved romantically for 2 months.

Is there anyone in town that Cutts didn’t sleep with? Egad!

After Cutts got married they started the affair up again in February 2007 for about a month! Cutts is a real stand up guy, huh? And dang, what’s up with all these women? They remain friends today.

She doesn’t know Denise Hainet. During your relationship did you know Cutts was having an affair with Denise? No.

Do you know Stephanie Hawthorne? Yes.
Did you know Cutts was having an affair with her? Not at that time.

(Cutts again sitting with his elbow on the table, hand over his mouth and staring at the table.)

Jill spoke to Cutts on the evening of June 13th, about her son playing football.

Jill knew about Blake but didn’t know anything about Jessie.

Jill called Cutts on the 15th because she saw the news about Jessie and wanted to know if he knew who it was. Cutts was asleep when she called.

Jill texted him on Monday to see if everything was ok.

Monday or Tuesday she went to his house to offer her support.
She was at the house for an hour. Cutts, his sister, the FBI and other people were at the house.

Jill points out Cutts in the courtroom.

Cross~
Are you aware of how you got involved as a witness in this case?
Objection – sidebar – Sustained.

You had phone and text communications with Cutts in June 2007?Yes.

The FBI questioned you about your communications with Cutts during that week? Correct.

June 18th, 2007 Jill sent a text message to Cutts asking him if he was ok. You were giving Bobby your support because you were friends? Correct.

When you went to the house that day, there was a circus going on with the media all over, the FBI, family and friends stopping by? Yes.

You never knew Bobby to be violent at any time? No.

No further questions, Jill is excused.

Next witness Jennifer Sprout
She lives with her 3 children and she is currently separated.

She points out Bobby Cutts in court. She’s known Cutts for 7 years. Neither was married when they met. Later, they dated for a while they were both separated. They were having affair in June 2007! The affair began in March. Off-and-on they saw each other maybe twice a month.

They met mostly at her house. She was not aware that Cutts was having affairs with other women. She was aware Cutts had children because he talked about them and was proud of them.

She heard Jessie had disappeared and she learned Bobby was involved on the TV. She was surprised! The last time she saw Cutts on June 10th.

She called Bobby to see if he was ok. She said Cutts was upset and crying and there was a lot of people and noise in the background.

Cross~

You had contact with Cutts in June 2007? Yes.
You’ve known Bobby from way back, 7 years? Yes.

You and Cutts were confidants because you had similar home situations, the separations from your spouses? Yes.

Any expectations that you and Cutts were dating exclusively? No.

Ever see Cutts get violent and angry? No.

No additional questions. Jury has questions.

When Cutts told you he couldn’t believe Jessie was missing, did you know Jessie was pregnant? It was on the news.

As a confidant, were you surprised he never told you about his other the affairs? I don’t know how to answer; we didn’t talk about other relationships.

Witness excused.

Court on break.

State calls Kelly Cutts-Schaub. Oh boy, this ought to be great!
Bobby is just staring at her!

Her daughter with Cutts is Brianna, who is 6 years old.

She met Cutts in the spring of 2000. The got serious with each other in the summer. They moved in together before she had Brianna. They married in July 2001. They separated during November 2003 till September 2004.

They moved back in together in September 2004. Cutts told Kelly he had a 1-night stand with somebody. Kelly learned the woman was pregnant. Kelly knew about Blake and Jessie.

Cutts was paying $240 every 2 weeks for Blake’s support.

Kelly moved out again in the summer of 2005.

October 2005 they got back together and moved into a new house.

She moved out again February 2007 and filed for divorce in March.

February through April Kelly paid $500 a month towards the mortgage.

Cutts helped out with Brianna’s care.

June 13, she spoke to Cutts on the phone from Champs. Cutts told her he wished they could work out their relationship.

June 14th she went to Cutts’ house to pick up Brianna. Cutts told her that Jessie was supposed to bring Blake over and he forgot he had to coach so he was paying Myisha to watch Blake. (Big lie!!!)

She was aware the Jessie was pregnant again because Jessie had told her.

Kelly knew about Stephanie Hawthorne, but none of the other affairs.

Do you know how much child support Cutts was ordered to pay for Brianna after your divorce? $495 per month.

Cross~

Divorce was final of January of this year.
Bobby has always treated his children well? Correct.

Did Bobby ever get violent or physical with you during the 7 years you were married? No.

Did you and Bobby come to an agreement about Blake? Yes.

Describe Bobby as a father. He is a very good father.
Has Cutts ever complained about being financially responsible for his children? No.

Kelly was concerned about communications between Bobby and Jessie at that time.

In 2005, Kelly found underwear in her drawer that weren’t hers. They were Jessie’s!

Kelly and Jessie spoke on the phone.

Did Jessie say why she placed her underwear in….

Objection! A very long sidebar….

(Camera pans to Kelly's lap; she appears to be very nervous and is tapping her foot and clasping and unclasping her hands. Very fidgety.)

Objection is sustained, jury to disregard.

Jessie underwear was in Kelly’s makeup drawer. She spoke to Jessie and asked why her underwear was in her house.

Jessie called Kelly. Kelly told Jessie that Bobby and she were happily married and living together.

Was there a conversation about one of Bobby’s basketball games? Yes.

What did you say to her? My parents, Brianna and I were at that game.

Did she tell you why she was asking about that basketball game?

Objection! Another very long sidebar

Did you make any attempt to find out if Bobby was seeing Jessie? She wasn't able to verify whether or not their affair was still going on from talking to Jessie. She felt Jessie was being dishonest about it at times. Jessie would call her "After the fact".

Feb 2007 separation between Bobby/Kelly - Jessie Davis played a role in that because of everything that had been going on.

About Blake - did you openly embrace that relationship? Yes, and interacted with Blake.

No further questions.

Did you talk a number of times with Jessie? Yes. Talked with Bobby about them most of the time.

She knew there were times that they were not separated that Bobby was still seeing Jessie.

Pass

How would Bobby respond to incidents with Jessie? He shrugged them off. Did not go into rage or anger. Even though Jessie was trying to destroy your relationship –

Objection. Sustained.

Was it your opinion that Jessie was trying to destroy your relationship with Bobby? Yes.

When did this begin?

Judge gets mad, cause he's told the attorney to move on from this topic!

Another sidebar.

Objection is sustained - no more questions.

Kelly is still fidgeting on the witness stand. Cutts is looking off to the side and down; not looking at Kelly.

Judge reading several questions from the jury now….

What was the time of the phone call between you and Bobby while he was at Champs? Around midnight.

When you talked to him did you state that Bobby told you he had made prior arrangements with Myisha for babysitting? No.

Was it common for him to discuss this with you?
No.

Were there confrontations between you and Jessie?
No.

What advice did you ask for when you called Bobby's mother?
I wanted advice on how to hold my marriage together.

You and Bobby never had heated arguments - tempers ever lost? We had heated arguments but nothing was ever bad, Bobby always walked away so we didn't argue.

How was Bobby acting the day he was doing his mulching? Not acting any way out of sorts.

Does the State have any additional questions?

When did you have conversation about babysitting? Thursday 14th, not when I was on the phone with Bobby at Champs.

Defense~

You spoke with Bobby on the 13th, evening, correct? Yes.

What time? Midnight, maybe earlier.

When you had the conversation, where were you? At my parents' home.

The phone records are on the screen.

On June 13th, what time does it show for the call? 9:56 pm, not midnight? Yes.

Kelly is excused, but may be called back.

Next witness for the state is Captain Gary Shankle, he is with the Stark County Sheriff’s Office. He supervised the investigation and worked with the FBI.

He called Emergency Management Assistance. He asked them to get Jessie’s cell phone records. He also asked for the 911 call.

He was at the 22nd meeting with Cutts, his attorney at the FBI office.

Agent Bartholomew and Shankle told Bobby that they had technology and knew that some of his calls were not made from the location he said. The also told him that they were moving the search for Jessie to the north.

Iams and Cutts spoke privately and then told them that Cutts and he would be in touch the next morning.

Defense has no questions, nor does the jury.

Witness excused.

Tim Warstler on the stand, Director of Emergency Management Assistance. He was the one that provided the cell phone records for Jessie’s phone.

Jessie phone was inactive for 1,888 minutes on the 14th.

He contacted the local hospitals to see if Jessie had been admitted to any of the local hospitals.

He also retrieved the 911 call from Patty.

No further questions.

Defense has no questions.

Witness excused.

State calls Richard Mitchell. He’s known Cutts for 10-12 years. They knew each other as kids and reconnected about 3 years ago. He and Cutts coached a basketball team for 7th graders.

They hung out a lot.

He knew Cutts was a cop. He saw him sometimes while he was on duty. When Cutts came by they talked and played video games. Cutts was on duty and was driving a police cruiser.

Mitchell knew about Blake. He knew about Jessie also.

Cutts told Mitchell that Jessie was missing. Mitchell asked Cutts, “Did you do something to that girl”? Cutts told him no.

Mitchell said he contacted Todd Porter (Canton Repository Sports Writer) so that Todd and Bobby could talk to "get Bobby's word out" instead of what other people were saying.

Porter met with Cutts while Mitchell was there. Porter had a list of questions that he wanted to ask and Cutts crossed out questions that he didn't want to answer. The interview between Porter and Cutts then took place. Porter was at Cutts' home doing the interview.

Mitchell is asked why he asked Cutts, "Did you do something to that girl?" Mitchell said that he was joking around.

Mitchell was then asked if he remembered being with Cutts one month before Jessie disappeared. He said yes. He was asked if he remembers his wife saying something. Objection!

Judge called a recess. A matter has been brought to his attention that is going to take some time to resolve.

Objection overruled.

Did you have a discussion with Cutts about Jessie Davis a month before she disappeared? Yes.

What did Cutts say to you? “I’m gonna kill that bitch and throw her in the woods”. OMG!

Mitchell identifies Cutts.

How is it you knew he was talking about Jessie? I just knew.

Cutts used Mitchell as reference on 2 loans. Mitchell was only aware of one.

Cross~

In June 2007, you were interviewed by LE? Once.

They asked if you had any involvement? Yes.

The asked you about your relationship with Bobby? Yes.

You never told them about the alleged threat? No.

You told them that if you knew anything, you wouldn’t tell them? Yes.

They told you about obstruction of justice? Yes.

Mitchell got a lawyer 2 days ago!

You never disclosed this information to investigators? No.

You never disclosed this information prior to today?

Objection! Sidebar…sustained and disregard the last question.

When did Bobby make this statement to you? I don’t know the exact date.

Did you call the police? No.

You didn’t think he was serious? No.

When you asked Bobby if he did anything to that girl, you weren’t serious, were you? No, I was joking and trying to make him laugh.

When Bobby made the statement, was he upset? No.

When he had the discussion with you, it wasn’t menacing? No, I thought we were joking around.

Have you seen Bobby be violent or verbally abusive? No.

The interview with Todd Porter, did you set that up? I made the phone call.

Redirect~

You spoke with investigator? Yes.
If he asked the same questions I asked you would you have told him? Yes.

Defense has nothing further. Several questions from the jury.

You and Bobby would joke about things when it came to Jessie? No.

Did you joke about any other women Bobby may have been involved with?

May I speak to my lawyer? Yes.

We joked about women but never joked about killing them.

Was it Bobby’s idea to talk to Porter to get his story out? No, that was my idea.

For Bobby to make the statement about Jessie, what happened to make him say that? I don’t know.

After reading about Jessie in the papers, did you contact LE? No.

Defense

Just to understand, that statement Bobby made, you took as a joke? Yes.

Witness released.

15 minute break

On the stand is Todd Porter. Sports writer for the Canton Repository.

He knows Cutts from 2005 when Cutts was playing semi-pro football. Porter did a feel good story about a cop playing football.

He would also run into Cutts at other sporting events where Cutts was working security.

Are you familiar with a man named Richard Mitchell?

Objection…disregard the question.

You interviewed Cutts in June after the disappearance of Jessie Davis? Yes at his home.

Did you prepare questions before you went? Yes.

There were other people there. His mom, another gentleman, maybe another relative. There were 5 people there in addition to Cutts.

Porter had a digital recorder and created a CD of the recording.

Did you have conversation prior to recording? Yes.

Cutts told Porter he was having second thoughts about the interview. Porter allowed him to review the list of questions.

Cutts is saying how terrible this whole situation is. He’s sort of crying on the tape. He says he’s numb.

He isn’t surprised he’s a suspect. He understands because of his law enforcement background.

Cutts tells Porter he and Kelly are in discussions about divorce but they haven’t filed.

Cutts says he is in contact with Jessie’s family to see how they are doing and how Blake is doing.

Cutts says his co-workers and supervisors have his back and are supportive.

Cutts says people have misinformation. They have no idea what’s going on. It’s terrible.

Do you believe Jessie will be found alive? Hopefully.

Did you have anything with the disappearance of Jessie? No, I didn’t.

Do you have an attorney? Yes I do.

Cutts says he has been told he and his wife aren’t suspects, but they aren’t being treated that way.

The interview took place on the 20th.
Both Cutts and his attorney spoke to Porter before the interview.

Porter was not supposed to ask Cutts about a timeline.

Nothing further.

Cross~

June 2007, completely a circus media outside the Cutts house? Yes.

The interview was news exclusive for you? Yes.

You said you weren’t leaving without an interview? Correct.

Witness is excused.

State calls Canton police chief Dean Mckimm. Been a police officer for 29 years.

Do you know Bobby Cutts? Yes as former police officer, we hired him 2001.

Cutts worked the midnight shift that runs from 10pm to 8am. He worked patrol.

Cutts’ salary was $37k in 2004.
05’ he made $40k
06’ he made 41 k

Cutts went through some training. McKimm compiled a file of Cutts’ training.

Cpr, racial profiling, giving court testimony.

Defense has no questions at this time.

Witness is excused but may be called back.

State calls David Clouse, Canton police officer for 18 years.

He teaches, “subject control defensive tactics” for the department and the police academy.

He worked with Cutts and also taught him at one of his classes.

Are neck restraints considered a control tactic? Yes.

Respiratory restraint involves the trachea.

Vascular is safer and that’s what we teach. They do demonstrate the respiratory and show them what not to do and why not to do it.

They do an in-court demonstration of both techniques.

So Mr. Cutts was instructed that way in your class? Yes, he was.

Cross~

When did Bobby take your class? Can’t tell you the exact year.

It’s part of the training to be a police officer? Yes.

Do you also teach them how to defend themselves against a suspect? Yes.

For the restraint technique you have to do certain things to make it work properly.

No further questions. No jury questions.

Witness excused.

Next witness is Mark McMurtry, an FBI agent.
He has been in the Canton office since 2001.

Did you assist in the Davis investigation? Yes. I got involved on the 18th.

He reviewed the phone records for Jessie and Bobby.

Jessie and Cutts had several calls on Wednesday and Thursday.

They then accessed cell tower locations and Jessie’s voice mail.

The call he was initially interested in the 7:11 am call on the 14th to Jessie’s phone.

(The information was documented in an FBI 302 report.)

The tower for that 7:11 call was located in Richfield, not anywhere near Cutts' home, which is what he, told police!

8:47 am call was from Akron.

9:01 am call was from Akron also.

Calls on Bobby’s phone the 14th were made from all over. He made another call to Jessie’s phone at around 5pm.

Jessie’s voice mail was retrieved and recorded on the 19th, prior to Jessie’s body being found.

There was a message on the 7:11am call.
Cutts says, are you there?

Audrey leaves several messages.

Patty calls and says she worried, please give me a call.

Her office called.

Cutts left a message at 5:28pm.

McMurtry was present at the meeting on the 23rd. McMurtry asked Cutts where they could find the body.

Cutts gave him the directions and advised the body was in the tall grass. Lying on the ground, not buried.

Cutts went with them to the park to recover Jessie.

Cutts was in the vehicle with Weisburn and an Agent.

Asked Cutts where he was when he made the 7:11am call and if he was with the body when he made it. After being non-responsive several time, he finally responded in the affirmative.

Cutts pointed to the direction where Jessie was, about 60 to 75 feet away.

Agents Bellinger, Garrett and myself followed a path into a small clearing and found Jessie.

Cutts can’t even look at the photos of the recovery area.

Patty’s and her family’s heads are down and she is crying.

FBI processed the scene and Cutts was arrested.

Anybody here think Cutts isn’t guilty?

McMurtry identifies Cutts in court.

Sidebar

Cross~

Your intention was to locate Jessie’s body? Yes.

You worked with LE and the family in gathering information? Yes.

When you obtained the phone records you thought they might help you find Jessie? I never thought the phone records would lead to the body, just who Jessie was taking to. We were trying to locate a pregnant, missing woman.

Did you check other individuals phone records? No I was not instructed to.

John Mendillo provided the call and message information so I could figure out the location of the phone when the calls were made.

Did you interview anyone else in connection with the phone calls? Some of the individuals who talked to Jessie and Cutts? Yes, we talked to Patty, Audrey, another sister and a co-worker of Jessie’s.

We also spoke to Mr. Landon, Myisha Ferrell and William Moses.

There was no confusion when you met Cutts and Iams that you were going to find the body? I don’t know what Cutts and Iams thought; I know what I was thinking.

No more questions. No jury questions.

Witness excused.

State calls Joseph Oliver. FBI agent. He has specific training in reviewing phone records. There is a database that has all the cell phone towers locations at Quantico that is updated regularly!

What did you do with the information the McMurtry gave you? I looked at the first calls in the morning to see where the towers located. I plotted a map to show where the towers were.

They show a map of the towers and where Jessie’s body was found. Towers are quite close to where she was found.

They established the triangulation of the calls Cutts made at 7:11 am and 8:42 am, by plotting the towers they hit on.

From the calls, they could see the person making the calls was moving south.

Cross~

Your expertise is in phone analysis. Correct.

You were trying to find out where Bobby was when he made the 7:11am call. Yes.

You focused on all the calls on the 14th? Correct.

You expanded your investigation of where other calls were made, right? I had all the records, so I looked at all of them.

No further questions.

Redirect

The map that you were asked about is contained in your report? Yes.

Can you tell calls going either way? The towers record incoming and outgoing calls.

Did you provided narrative on your findings? Yes, I did.

Is there anything in the report that appears to be inaccurate? No.

No further questions. No jury question.

Witness is excused.

Court is adjourned till 8:30 am.

Have a great evening!

Thanks Intrepid for all your help!

CNN.Crime

Akron News Now.com