Wednesday, February 27, 2008


This report has been compiled by Sprocket and donchais.

Cutts enter the courtroom and is speaking with his attorneys. The jury is not present yet. Right from the start, the attorneys request a sidebar. Patty and Audrey look very serious and tense. Now, the Judge is back on the bench.

In just a minute, the court is going to instruct the bailiff to bring the jurors back into the courtroom. The Judge speaks to the gallery. "I do not know what that verdict is. However I do need to anticipate, if the verdict is death, then the sentencing hearing will be evoked tomorrow afternoon, in Stark County courthouse. IF the verdict is not death, then the court will immediately move to sentence."

The Judge continues. "When the jury comes in, we’re going to have a departure from the normal procedures. We are going to change the procedure, only the judge will rise. No one, even the defendant will rise. If the sentence is not death, as I said we will move immediately to sentencing. I realize there be member of the family who may what t address the court according to sentencing. You will have to opportunity to do that."

"Anything that you may want to say will be limited to sentencing. If anyone wanders from that they will be cut off immediately. I won't listen to anything and you won't be in the courtroom. We will follow the same rule as at time. No one stands up or leaves, until I say soy. If anyone coughs, or anything you will be escorted out of the courtroom. At the conclusion of this again, I don't know the sentence, I would apparently be aware o the media if the sentence is not death, because if it is death, because what you may talk about is in full force and effect. Effectively what is referred to as a gag order. Is still in effect."

"At the conclusion of the sentencing I will feel sure that the family of Mr. Cuts and the family of Miss Davis and will want to talk to the media and the media will want to talk to you. There will not be any media in the courthouse or any photographs. Other than the cameras and the still cameras in the courtroom. Deputies will escort both families out of the courthouse."

"Will appreciate the cooperation of the media and the families. You all did an excellent job and should all be commended for that, and I'm sure the same thing will happen this afternoon."

Nothing else to be put on the record.

donchais and I speculate on why the judge is not letting anyone stand while the jurors come in.

The camera is focused on Cutts' face. Then the jury is being brought in.

Wonder if Bobby is going to perform his crocodile tears routine?

Judge ensures that no one has influenced them and that they have been sequestered and no outside influences. And he reads them four questions. The jurors all answer individually to each of these questions.

1. Have you been sequestered during your deliberations during the trial and the sentencing phase, so that you are free from any outside influences that may in any way influence your verdict.

2. Has anyone associated with the court had any communications with you, concerning this case, during the proceedings except here in open court, on the record?

3. Has any one except in the deliberations said anything, done anything, that tried to to attempt to influence your verdict in any way?

4. Has anyone else except the twelve main jurors participated in any way? In your deliberations?

Cuts is stoic, and stares straight ahead.

I can hear donchais is very tense and breathing heavily over the phone. She's' on the edge of her seat.

The judge reiterates that the jury has reached a verdict and they went outside for a short while with the court officers. donchais would have gone out and smoked a whole pack of cigarettes.

The judge verifies that their sequestration, they had no media access, to TV, media.

Are these verdicts all signed by all twelve of your members?

Mr. Davidson please hand me the verdict form.

donchais is ill. She's ready to throw up.

Aggravated Murder, Jessie - Life without parole for 30 full years.

Aggravated Murder, Baby Chloe Life without parole for 30 full years.

Aggravated Murder, Viable fetus Life without parole for 30 full years.

Count four: Aggravated burglary! Guilty 3-10 years.

Count five: Gross abuse of a corpse! (Jessie) Guilty 6-12 months

Count six: Gross abuse of a corpse! (Baby Chloe) Guilty 6-12 months.

Count seven: Endangering children! (Blake) 180 days.

Mack addresses the court: We understand that you have sat through both phases of this trial and heard all the mitigation evidence, you heard him express remorse. You heard he has a family. We believe aggravated charges should be run concurrently as it was a single act. All the counts should run concurrently.

Watson~ I agree with the comment and the remorse Mr. Cutts expressed is sincere. We are not trying to demean the family of Jessie and our hearts go out to them,

Ranke~ All sentences should run concurrently.

Cutts has no statement for the court. Nor does his family.

Letter read by a friend on behalf of one of Jessie's sisters~Bobby Cutts took my sister from me; you took a chink out of my heart. Jessie meant everything to me. I was adopted into the family at a very young age. I stayed with her and Blake many times. She took me to school everyday. I still wait for her, but only the bus comes.

How could you do this to Jessie and our family? How could you do this to Blake? How could you help with the search? You have destroyed so many peoples lives and especially Blake. I hope when he is older he can ask you questions and you can answer them.

Audrey~Weeping so hard she can barely speak. She went to a funeral a few days before Jessie dies and remembers saying to her I can’t imagine losing any of my brothers and sisters. I was the one who sat for hours on the porch holding Blake while he was crying and asking for his mommy and she was never coming home.

You sat there and lied. I hope one day you can look at your son and tell him the truth. I’ll just never understand that.

Ned Davis~ Don’t even look at me, just put your head down. Your honor, he violently murdered her…5’4”. Baby Chloe could have been saved. You won't give me time, (meaning the Judge) but I'd like to have so quality time with you (meaning Cutts).

Patty Porter~ I have had the conversation with you in my head a million times. This is a day I will never forget. When I walked into that room the presence of evil was so strong, I knew Jessie never walked out of that room. I serve an amazing God that forgives and restores people. I forgive you and I hope you find faith and someday tell the truth.

Patty asks that the judge allows Bobby to be free someday.

Just wow!

Dennis Barr~ 30 years to life is along time, but Bobby will have the opportunity to visit with his family. The Davis and Porter families won’t have that opportunity. They lost a daughter, a sister and a mother. Barr wants the counts to run consecutively.

Judge imposes:
Murder charge 1 - 15 years
Murder charge 2 and 3 are merged - 30 years
Count four: Aggravated burglary! -10 years.
Count five: Gross abuse of a corpse! (Jessie) -12 months
Count six: Gross abuse of a corpse! (Baby Chloe) -12 months.
Count seven: Endangering children! (Blake) 180 days concurrently served with the felonies.

57 years to run consecutively totally.

Cutts is also responsible for court costs and fines.

I have followed this case since the day Jessie went missing. I believe Cutts should rot in hell for the rest of his days. I openly wept as Jessie’s family spoke and can’t imagine how Patty had the strength to offer Cutts forgiveness; she is a far better person than I.

I accept the Judge’s sentencing and hope and pray that Jessie and Chloe are finally at peace. donchais

CNN In Session Sidebar Commentary by Beth Karas