Christopher Newsom & Channon Christian
GUEST ENTRY by DAVID in TENNESSEE!August 12, 2019As Day 5 begins, the prosecution reads into the record Adrienne Mathis testimony in the 2008 federal trial of Eric Boyd.
"Mathis said Boyd, her cousin, borrowed her car
(white Pontiac used by the suspects to get to the apartment complex
where they carjacked the couple) on either the fifth or sixth of
January."
"Mathis said she found a bag of bullets in her car."
The
state rested its case. The defense moved for the case to be dismissed
due to lack of evidence. Judge Bob McGee ruled it can go to the jury.
The defendant declined to testify. The defense rested.
ADA Phil Morton gave the closing argument to the jury. Morton
emphasized Xavier Jenkins' testimony of seeing the Pontiac Sunbird which
Boyd had provided for the drive to the apartment complex where the
victims were kidnapped. Jenkins also saw activity at the Chipman house,
Christian's car, the Pontiac Sunbird parked behind Christian's car, and
four black men in Christian's car. If there were four black men, one had
to be Boyd.
Morton mentioned Mathis'
testimony. He points out what George Thomas saw in the Pontiac. Thomas saw
Boyd bring the victims in the house, bring Newsom to the tracks.
Morton
mentions the violence inflicted on the victim's bodies, the attempt to
destroy evidence with bleach, and Boyd's DNA on the gun holster.
The
state said Boyd hid Davidson after the crimes. The state said Boyd was
the only one with transportation to fulfill plans to steal a car and
carry out the carjacking. "How are they going to get there? It's miles
away."
The state goes through all 36 charges in
order and shows the evidence on every charge. The charges are 9 counts
of first degree murder of Newsom, 9 counts of first degree murder of
Christian, two counts of especially aggravated robbery, four counts of
aggravated kidnapping and 12 counts of aggravated rape.
The
state goes over the concept of criminal responsibility, which was used
to convict Thomas twice. Then the timeline is reviewed.
Morton said of Boyd, "He set the wheels in motion, literally and figuratively for all this to happen."
Morton
said the suspects were a team who had choices in their actions. They
were a "team of rapists." And "it was there for just unimaginable
reasons, they decided to brutalize these kids. They decided to rape
these kids," Morton said.
Morton used Thomas'
account to say Boyd shot Newsom in the head. Morton explained why they
were previously unable to use Thomas' statement against Boyd.
One
suspects statement to police can't be used against another suspect
unless he takes the stand. Photos of the victims came on the screen when
Morton finished his argument.
The defense
attorney, Clinton Frazier, began by saying the acts were "disgusting"
but it was Davidson, Cobbins, Thomas, and Coleman.
Frazier pointed out none of the DNA evidence belonged to Boyd. The state proved its case against the others, but not Boyd.
Frazier
claimed Jenkins saw only silhouettes, not features. He said Thomas's
loyalty is to Cobbins, and still doesn't implicate Cobbins.
Frazier details Thomas' conflicting accounts, which "don't make sense."
Frazier
said "Don't let your anger make the decision for you." He asks the jury
to hold the state to its burdens and find Boyd not guilty.
The defendants have been skillfully defended in every trial.
Takisha Fitzgerald, who has been the lead prosecutor throughout, gave the rebuttal.
Fitzgerald
said the state had proven its case beyond a reasonable doubt. She
reviews all the evidence and said testimony corroborates it.
"Mr.
Boyd was a part of it...We ask you to hold Mr. Boyd accountable,"
Fitzgerald said. She said it took 12 years because they want to get it
right."
The judge read the instructions to the jury. Three men and one woman were excused. The final panel is seven women and five men.
The jury deliberated for two and a half hours Monday and recessed for the evening. They are to resume deliberations at 9 am.
David in TN