We have another guest post from T&T contributor David in Tennessee!
Judge Rejects New Trial for Lemaricus Davidson in Christian-Newsom Torture-Murder Case
On Friday, November 8, 2019, Judge Walter Kurtz turned down a bid for a new trial by Lemaricus Davidson in the January 2007 murders of Channon Christian and Christopher Newsom.
Davidson has been considered all along as the ringleader and prime mover of the crimes.
"But Kurtz ruled Friday that killer George Thomas' claim that Davidson had no role in Newsom's death was suspect and not enough to merit either a new trial or a new sentencing hearing."
Judge Kurtz decided "the newly presented facts related to Mr. Davidson's role in the death of Christopher Newsom would not have affected the guilty verdicts in this case nor the imposition of the death penalty."
Davidson's attorneys contended Thomas' testimony at the August trial made Boyd responsible for Newsom's murder with Davidson not involved.
Judge Kurtz ruled Davidson was a central figure in the crimes with "... an active and prominent role in the commission of the crimes for which he was convicted."
In other words, the Judge considered the totality of the evidence.
Thomas had taken a secret deal to testify against Boyd. For doing so his sentence would be reduced from Life Without Parole to 50 years. He put the blame for the rape-murder of Newsom on Eric Boyd.
Kurtz didn't believe a lot of what Thomas said. Why? "The court has difficulty in crediting all of Mr. Thomas's testimony given the court's knowledge of his role in these crimes," Kurtz wrote.
A major point is that even in his putting blame on Boyd, Thomas gave still more proof of Davidson being the ringleader of the crimes.
"The court accredits Mr. Thomas's testimony that Mr. Davidson ordered the killing of Mr. Newsom, and that Boyd was the person who killed Mr. Newsom and (set his body afire)."
The full details of the crime are told in earlier articles at Trials and Tribulations.
In his 2009 trial, Davidson claimed that Christian and Newsom weren't kidnapping victims but had come to his house to buy drugs. Davidson claimed the killings happened while he was out selling drugs.
All five suspects claimed to have seen and heard nothing, either stoned, asleep, frightened, etc.
When Davidson and attorneys learned of Thomas's deal, they tried to use it to their advantage. This, despite Thomas's testimony completely refuting Davidson's assertion the couple were willing visitors, not kidnap victims.
"Prosecutor Takisha Fitzgerald argued Thomas's testimony would have 'destroyed' Davidson's defense strategy in his 2009 trial and shouldn't be used now as a basis to attack his convictions and death sentence."
The Judge ruled Thomas's testimony did nothing to absolve Davidson's guilt. Thomas's testimony has Davidson ordering Boyd to kill Newsom and told Thomas to go with him.
Taking Thomas at face value, Boyd and Thomas left the house with Newsom under orders from Davidson.
My own view is that Davidson, Boyd, and Thomas -all three- took Christopher Newsom out to be killed. This was after Newsom had undergone horrendous torture.
Judge Kurtz based his ruling on the "totality" of the evidence. Davidson's attorneys will undoubtedly appeal the ruling.
Incidentally, when Davidson was captured, he was wearing Chris Newsom's shoes. Newsom's cap's and partially burned drivers license were found in the house in which Davidson was hiding.
Eric Boyd provided the vehicle used in the kidnapping.
Here is a video report by Knoxville's ABC affiliate.
Showing posts with label Judge Kurtz. Show all posts
Showing posts with label Judge Kurtz. Show all posts
Tuesday, November 12, 2019
Wednesday, May 4, 2016
Lonnie Franklin, Jr. "Grim Sleeper" VERDICT WATCH
This post will be updated every 45- 60 minutes for the latest news. Sprocket
Prior post can be found HERE.
Wednesday, May 4, 2016
Deliberations will begin at 9:00 am today in the murder trail of Lonnie Franklin, Jr., aka the "Grim Sleeper.
I will be sitting "verdict watch" in this trial. This means that I will be inside the courtroom waiting to hear those three buzzes, that tells us the jurors have reached a verdict on, hopefully, all the charges.
I will try to publish an update on this post every 45 minutes to an hour. Judge Kennedy does not allow live transmissions from inside the courtroom. I will be stepping outside to publish updates.
If something significant happens, for example, three buzzes for a verdict or two buzzes indicating the jury has a question, I will step outside to publish an update on this post. I believe your fastest news for updates on this case will be to keep checking this post.
While I'm waiting, I'll be working on completing my notes of the closing arguments as well as the last two weeks of trial. When I have a section of those notes completed, I will include a link on this post.
8:46 AM
Seymour Amster arrived a few minutes ago. Right behind him was local ABC7 reporter Miriam Hernandez.
8:47 AM
I see some jurors have already arrived and are waiting near the middle of the hallway.
Defense attorney Kristen Gozawa arrives. She greets the two defense investigators that were here on the 9th floor when I arrived.
8:59 AM
Prosecution team arrives. I'm now headed into Dept. 109. Next update in 45 minutes to an hour.
9:02 AM
Inside Dept 109.
DDA's Beth Silverman, Marguerite Rizzon and Paul Pzrelomiec are here, along with their two clerk interns. DDA Silverman has handed the two evidence binders to the clerks and they are starting to review them.
The bailiff asks the parties, "Are you ready?" They said yes. DDA Jamie Castro enters the courtroom, followed by a few members of the press including local NBC's Fritz Coleman.
Once the attorneys say they are ready, Judge Kenney's bailiff takes his weapon out of his holster, puts it in the lock box on the wall, and goes to get the defendant. Deputy Sargent Westphal is also hanging out in Dept. 109 by the clerks desk.
The prosecution team is in a huddle going over things.
9:07 AM
Franklin is brought out. He is in an orange jumpsuit. He has the standard, white long-john shirt on underneath the jumpsuit. For those who don't know, the jumpsuits are short sleeved.
9:11 AM
ABC7's Miriam Hernandez enters and takes one of the comfortable seats by the door. A minute later, three of the male family members, arrive. These are gentlemen that have been at the trial every day.
9:15 AM
More family members arrive and take a seat in the gallery.
9:18 AM
The bailiff to the clerk: Did you call the judge out?
Clerk:No.
Bailiff: Can I put the jurors in the back?
Clerk: Sure.
The bailiff leaves to get the jurors.
9:20 AM
The jurors are not brought in through the courtroom. It's my guess that they were brought back through other employee corridors.
9:22 AM
The judge takes the bench. Amster has some redactions on items that have already been admitted. The court states that she's willing to hear Amster's argument. Amster is arguing on DNA exhibits and the language on documents, and that they are not representative of testimony.
Asking that the word "unrelated" to be in there.
DDA Rizzo, tells the court we have no problem adding the word unrelated to the exhibits that do not have them.
Once those are corrected, they will be shown to the defense.
Amster wants to talk about the discovery in penalty phase.
Raw data of Georgia May Thomas, when are we going to receive
Rizzo, Becasue that item is not part of the standard discovery. It's the "E" data and sent a request to the [criminalists].
The prosecution is stating they are going to bring the vicitm of the rape case from Germany. Amster doesn't have any memory of witness statements or discovery on this witness.
DDA Silverman, "It's been turned over."
Judge, "He claims he doesn't have it."
The people request that the defense go back and look through their own information. Every time this has happened it's been shown that they've turned it over.
Amster is asking if there is any additional discovery on this witness.
DDA Silverman states that a transcript from the trial in Germany was provided to the defense. She goes onto explain the case to the court. Franklin was charged in Germany with rape [and I believe another charge] while Franklin was serving in the military. Franklin was tried, convicted and served time in prison in Germany. The people believe that two female witnesses may be coming. The witnesses speak German. They have been coordinating with someone who speaks German.
The people ask if the defense plans on calling their psyciatrist. Amster replies that he doesn't think he will be calling this witness.
And that's pretty much it.
9:35 AM
Defendant is remanded.
9:41 AM
When I get back inside Dept. 109, I hear Judge Kennedy address her clerk. "I understand they started deliberations?" The clerk replies, "9:18 am, is what I told the press."
9:48 AM
DDA Rizzo and one of the clerks left the courtroom to get the change to the exhibits that the defense requested.
Before she gets up to leave, DDA Silverman talks to the family members. She tells them there's a conference room that they can wait in instead of sitting inside the courtroom. The family chooses to leave and they follow Beth out.
Amster is still in the well chatting with Deputy Sargent Westphal. DDA Jamie Castro and one clerk intern are still in the well, going over papers. Once the last exhibits are changed out then I expect I'll be the only one waiting in the gallery.
It's interesting about jury deliberations. It's my understanding that the jurors cannot start deliberating until the verdict forms are in the jury room. Earlier, in her review of the verdict forms while they had the short hearing, DDA Silverman states she found at least one error, a case number was wrong.
So at this time, I do not know if the verdict forms have been given to the jurors yet or not.
10:05 AM
The bailiff tells the parties that the jurors need to come out and get their books. The jurors enter the jury room to pick up their things.
10:07 AM
All jurors are back in the jury room now.
DDA Rizzo returns with one of the clerk interns. Amster feels they are going need to put this on the record.
10:10 AM
Bailiff comes out from the back area that holds the jury room. Amster tells the bailiff they need the defendant to put the change in the exhibits on the record.
10:11 AM
Juror #2 is the foreperson. The bailiff tells counsel. This juror is a petite black woman.
10:14 AM
Franklin is brought back out.
10:15 AM
Judge Kennedy takes the bench. Have those three exhibits been modiified? Yes your honor. Are you satisfied? she asks?
Have the verdict forms been approved by both sides? Yes. Are we ready to send the verdict forms and exhibits to the jury the court asks her clerk?
The clerk states that she just needs to do one last review of the exhibits.
There are no other issues to go over and the defendant is ordered remanded.
DDA Rizzo states she needs to stay on the record. There is something else. DDA Rizzo wants to take a quick review of the defense exhibits to ensure that ones that were objected to were removed. The court approves this request and leaves the bench.
10:20 AM
I'm just waiting to verify that the jurors have the exhibits and verdict forms
10:23 AM
The bailiff gets a laptop, cords and question forms from the clerk, but he hasn't taken anything back to the jurors yet. The bailiff and the clerk are having a nice chat.
10:34 AM
Clerk to Bailiff, I think they're all ready now.
10:37 AM
The bailiff and the clerk take all the exhibits and other items back to the jurors.
10:41 AM
I checked with Judge Kennedy's clerk. The jurors can start deliberations before they have the verdict forms. There are things they can do, before, like pick the foreperson, which they did.
10:42 AM
The bailiff comes out from the jury room area and tells the clerk that they need question forms.
10:45 AM
The bailiff takes question forms back to the jury room.
10:53 AM
It's very quiet in the courtroom. On camera reporter Miriam Hernandez is here in the gallery. The bailiff suddenly realizes he needs to go talk to the alternates! They have been waiting patiently in the hallway. The alternates are sometimes told to stay reasonably close to the courthouse, and to give the court a number how they can reach them. Sometimes, they give the alternates an empty jury room from another court to hang out in. I've seen both of those situations happen.
11:52 AM
The bailiff takes some papers back to the jury room area. Judge Kennedy comes out and asks her clerk about an issue with a totally different case.
11:57 AM
The jurors leave for lunch.
1:30 PM
I'm on the 9th floor. I see Amster, DDA Rizzo and DDA Silverman. Something must be going on. Maybe they sent a note out, before they left for lunch? It's just a guess.
1:33 PM
I'm inside Dept 109. The clerk is showing Amster a piece of paper. The bailiff handed the laptop to DDA Pzrelomiec and said something about files. The people were supposed to provide the jurors a device to watch any video evidence. Now the clerk showed DDA Silverman the same piece of paper.
Apparently, from what I'm overhearing, the jury thought the interview with the defendant was on computer. It isn't. It's on a CD that they need to load into the computer. That's probably what the court will explain to them.
1:41 PM
The defendant has not been brought out yet. The jurors are still in the hallway. I'm waiting to hear the bailiff ask counsel if they are ready.
1:43 PM
Defendant is brought out.
1:44 PM
Court is in session. This is a very meticulous jury. But it shows my mistake that none of us caught. In the jury instruction, the judge mentions count 10. The new instruction states to ignore count 10 in that instruction.
They told the bailiff they were looking for things, they were preloaded. DDA Silverman states it's a clean laptop. There's nothing there to be loaded.
1:48 PM
Jurors are called to enter Dept. 109. All jurors and alternate jurors.
On the record. In receipt of note. 17.109 . Count ten was included in that instruction in error. Ignore that count in that instruction.
Explains the purpose of the laptop, and that they actually have to put the exhibit in the laptop in order for it to play.
Judge tells the jurors that the PowerPoint in the closings or the pieces of papers that Mr. Amster placed on the ELMO are not evidence.
The jurors head back into the jury room and the alternates left the courtroom.
1:52 PM
Buzz! The jurors are all there and inside the jury room. The defendant is taken back. Judge Kennedy is off the bench.
2:32 PM
There are a few family members that have joined the media in the gallery. Miriam Hernandez with ABC7 is here, along with Stephen Ceasar and Pat from the LA Times. I've had a nice chat with one of the deputies about a few of the cases I've covered.
Unfortunately, there's nothing new to report from the jury
3:10 PM
CNN reporter Paul Vercamman dropped in to see if there was any news.
3:19 PM
BUZZ! BUZZ! The jurors have a question.
3:20 PM
The bailiff heads over to the jury room.
3:21 PM
It's not a question. The jurors are going on break.
3:33 PM
The jury returns from break.
3:49 PM
Terri Keith from City News drops in to say hello, .... and work. She's always carrying a stack of papers. I've never seen Terri NOT working.
3:59 PM
I hear a door close coming from the jury room area.
4:00 PM
BUZZ! BUZZ! The clerk goes back to check.
The jurors exit for the day. The clerk comes out with a sheet of paper that she takes back into the back rooms.
And it appears that's it for the day.
Lonnie Franklin, Jr., during closing arguments, 5/2/16
Photo Credit: Pool Camera, Mark Boster, LA Times
Prior post can be found HERE.
Wednesday, May 4, 2016
Deliberations will begin at 9:00 am today in the murder trail of Lonnie Franklin, Jr., aka the "Grim Sleeper.
I will be sitting "verdict watch" in this trial. This means that I will be inside the courtroom waiting to hear those three buzzes, that tells us the jurors have reached a verdict on, hopefully, all the charges.
I will try to publish an update on this post every 45 minutes to an hour. Judge Kennedy does not allow live transmissions from inside the courtroom. I will be stepping outside to publish updates.
If something significant happens, for example, three buzzes for a verdict or two buzzes indicating the jury has a question, I will step outside to publish an update on this post. I believe your fastest news for updates on this case will be to keep checking this post.
While I'm waiting, I'll be working on completing my notes of the closing arguments as well as the last two weeks of trial. When I have a section of those notes completed, I will include a link on this post.
8:46 AM
Seymour Amster arrived a few minutes ago. Right behind him was local ABC7 reporter Miriam Hernandez.
8:47 AM
I see some jurors have already arrived and are waiting near the middle of the hallway.
Defense attorney Kristen Gozawa arrives. She greets the two defense investigators that were here on the 9th floor when I arrived.
8:59 AM
Prosecution team arrives. I'm now headed into Dept. 109. Next update in 45 minutes to an hour.
9:02 AM
Inside Dept 109.
DDA's Beth Silverman, Marguerite Rizzon and Paul Pzrelomiec are here, along with their two clerk interns. DDA Silverman has handed the two evidence binders to the clerks and they are starting to review them.
The bailiff asks the parties, "Are you ready?" They said yes. DDA Jamie Castro enters the courtroom, followed by a few members of the press including local NBC's Fritz Coleman.
Once the attorneys say they are ready, Judge Kenney's bailiff takes his weapon out of his holster, puts it in the lock box on the wall, and goes to get the defendant. Deputy Sargent Westphal is also hanging out in Dept. 109 by the clerks desk.
The prosecution team is in a huddle going over things.
9:07 AM
Franklin is brought out. He is in an orange jumpsuit. He has the standard, white long-john shirt on underneath the jumpsuit. For those who don't know, the jumpsuits are short sleeved.
9:11 AM
ABC7's Miriam Hernandez enters and takes one of the comfortable seats by the door. A minute later, three of the male family members, arrive. These are gentlemen that have been at the trial every day.
9:15 AM
More family members arrive and take a seat in the gallery.
9:18 AM
The bailiff to the clerk: Did you call the judge out?
Clerk:No.
Bailiff: Can I put the jurors in the back?
Clerk: Sure.
The bailiff leaves to get the jurors.
9:20 AM
The jurors are not brought in through the courtroom. It's my guess that they were brought back through other employee corridors.
9:22 AM
The judge takes the bench. Amster has some redactions on items that have already been admitted. The court states that she's willing to hear Amster's argument. Amster is arguing on DNA exhibits and the language on documents, and that they are not representative of testimony.
Asking that the word "unrelated" to be in there.
DDA Rizzo, tells the court we have no problem adding the word unrelated to the exhibits that do not have them.
Once those are corrected, they will be shown to the defense.
Amster wants to talk about the discovery in penalty phase.
Raw data of Georgia May Thomas, when are we going to receive
Rizzo, Becasue that item is not part of the standard discovery. It's the "E" data and sent a request to the [criminalists].
The prosecution is stating they are going to bring the vicitm of the rape case from Germany. Amster doesn't have any memory of witness statements or discovery on this witness.
DDA Silverman, "It's been turned over."
Judge, "He claims he doesn't have it."
The people request that the defense go back and look through their own information. Every time this has happened it's been shown that they've turned it over.
Amster is asking if there is any additional discovery on this witness.
DDA Silverman states that a transcript from the trial in Germany was provided to the defense. She goes onto explain the case to the court. Franklin was charged in Germany with rape [and I believe another charge] while Franklin was serving in the military. Franklin was tried, convicted and served time in prison in Germany. The people believe that two female witnesses may be coming. The witnesses speak German. They have been coordinating with someone who speaks German.
The people ask if the defense plans on calling their psyciatrist. Amster replies that he doesn't think he will be calling this witness.
And that's pretty much it.
9:35 AM
Defendant is remanded.
9:41 AM
When I get back inside Dept. 109, I hear Judge Kennedy address her clerk. "I understand they started deliberations?" The clerk replies, "9:18 am, is what I told the press."
9:48 AM
DDA Rizzo and one of the clerks left the courtroom to get the change to the exhibits that the defense requested.
Before she gets up to leave, DDA Silverman talks to the family members. She tells them there's a conference room that they can wait in instead of sitting inside the courtroom. The family chooses to leave and they follow Beth out.
Amster is still in the well chatting with Deputy Sargent Westphal. DDA Jamie Castro and one clerk intern are still in the well, going over papers. Once the last exhibits are changed out then I expect I'll be the only one waiting in the gallery.
It's interesting about jury deliberations. It's my understanding that the jurors cannot start deliberating until the verdict forms are in the jury room. Earlier, in her review of the verdict forms while they had the short hearing, DDA Silverman states she found at least one error, a case number was wrong.
So at this time, I do not know if the verdict forms have been given to the jurors yet or not.
10:05 AM
The bailiff tells the parties that the jurors need to come out and get their books. The jurors enter the jury room to pick up their things.
10:07 AM
All jurors are back in the jury room now.
DDA Rizzo returns with one of the clerk interns. Amster feels they are going need to put this on the record.
10:10 AM
Bailiff comes out from the back area that holds the jury room. Amster tells the bailiff they need the defendant to put the change in the exhibits on the record.
10:11 AM
Juror #2 is the foreperson. The bailiff tells counsel. This juror is a petite black woman.
10:14 AM
Franklin is brought back out.
10:15 AM
Judge Kennedy takes the bench. Have those three exhibits been modiified? Yes your honor. Are you satisfied? she asks?
Have the verdict forms been approved by both sides? Yes. Are we ready to send the verdict forms and exhibits to the jury the court asks her clerk?
The clerk states that she just needs to do one last review of the exhibits.
There are no other issues to go over and the defendant is ordered remanded.
DDA Rizzo states she needs to stay on the record. There is something else. DDA Rizzo wants to take a quick review of the defense exhibits to ensure that ones that were objected to were removed. The court approves this request and leaves the bench.
10:20 AM
I'm just waiting to verify that the jurors have the exhibits and verdict forms
10:23 AM
The bailiff gets a laptop, cords and question forms from the clerk, but he hasn't taken anything back to the jurors yet. The bailiff and the clerk are having a nice chat.
10:34 AM
Clerk to Bailiff, I think they're all ready now.
10:37 AM
The bailiff and the clerk take all the exhibits and other items back to the jurors.
10:41 AM
I checked with Judge Kennedy's clerk. The jurors can start deliberations before they have the verdict forms. There are things they can do, before, like pick the foreperson, which they did.
10:42 AM
The bailiff comes out from the jury room area and tells the clerk that they need question forms.
10:45 AM
The bailiff takes question forms back to the jury room.
10:53 AM
It's very quiet in the courtroom. On camera reporter Miriam Hernandez is here in the gallery. The bailiff suddenly realizes he needs to go talk to the alternates! They have been waiting patiently in the hallway. The alternates are sometimes told to stay reasonably close to the courthouse, and to give the court a number how they can reach them. Sometimes, they give the alternates an empty jury room from another court to hang out in. I've seen both of those situations happen.
11:52 AM
The bailiff takes some papers back to the jury room area. Judge Kennedy comes out and asks her clerk about an issue with a totally different case.
11:57 AM
The jurors leave for lunch.
1:30 PM
I'm on the 9th floor. I see Amster, DDA Rizzo and DDA Silverman. Something must be going on. Maybe they sent a note out, before they left for lunch? It's just a guess.
1:33 PM
I'm inside Dept 109. The clerk is showing Amster a piece of paper. The bailiff handed the laptop to DDA Pzrelomiec and said something about files. The people were supposed to provide the jurors a device to watch any video evidence. Now the clerk showed DDA Silverman the same piece of paper.
Apparently, from what I'm overhearing, the jury thought the interview with the defendant was on computer. It isn't. It's on a CD that they need to load into the computer. That's probably what the court will explain to them.
1:41 PM
The defendant has not been brought out yet. The jurors are still in the hallway. I'm waiting to hear the bailiff ask counsel if they are ready.
1:43 PM
Defendant is brought out.
1:44 PM
Court is in session. This is a very meticulous jury. But it shows my mistake that none of us caught. In the jury instruction, the judge mentions count 10. The new instruction states to ignore count 10 in that instruction.
They told the bailiff they were looking for things, they were preloaded. DDA Silverman states it's a clean laptop. There's nothing there to be loaded.
1:48 PM
Jurors are called to enter Dept. 109. All jurors and alternate jurors.
On the record. In receipt of note. 17.109 . Count ten was included in that instruction in error. Ignore that count in that instruction.
Explains the purpose of the laptop, and that they actually have to put the exhibit in the laptop in order for it to play.
Judge tells the jurors that the PowerPoint in the closings or the pieces of papers that Mr. Amster placed on the ELMO are not evidence.
The jurors head back into the jury room and the alternates left the courtroom.
1:52 PM
Buzz! The jurors are all there and inside the jury room. The defendant is taken back. Judge Kennedy is off the bench.
2:32 PM
There are a few family members that have joined the media in the gallery. Miriam Hernandez with ABC7 is here, along with Stephen Ceasar and Pat from the LA Times. I've had a nice chat with one of the deputies about a few of the cases I've covered.
Unfortunately, there's nothing new to report from the jury
3:10 PM
CNN reporter Paul Vercamman dropped in to see if there was any news.
3:19 PM
BUZZ! BUZZ! The jurors have a question.
3:20 PM
The bailiff heads over to the jury room.
3:21 PM
It's not a question. The jurors are going on break.
3:33 PM
The jury returns from break.
3:49 PM
Terri Keith from City News drops in to say hello, .... and work. She's always carrying a stack of papers. I've never seen Terri NOT working.
3:59 PM
I hear a door close coming from the jury room area.
4:00 PM
BUZZ! BUZZ! The clerk goes back to check.
The jurors exit for the day. The clerk comes out with a sheet of paper that she takes back into the back rooms.
And it appears that's it for the day.
Saturday, May 18, 2013
Thomas Convicted For Second Time In Christian-Newsom Torture-Murders
Christopher Newsom, Channon Christian, date unknown.
On Friday, May 17, George Thomas was convicted for the second time in the January 2007 torture-murders of Channon Christian and Christopher Newsom.
For the victim's families, this made seven trials and over 300 court appearances.
A Davidson County (Nashville) jury found Thomas guilty on all counts, the same as in Thomas' previous trial in 2009. The jurors were unaware that George Thomas had been convicted of the same crimes in 2009.
On the same afternoon, the panel of six men and six women gave Thomas a sentence of life with the possibility of parole. The previous conviction saw a sentence of life without parole. By law, he cannot come up for parole until after serving 51 years. With six years to his credit, Thomas would be 75 years old.
On June 4, there will be a sentencing hearing on the lesser charges and more can be added to the sentence.
Thomas defense attorneys were much more aggressive than in 2009. They argued for his innocence on the grounds of no DNA or fingerprint evidence against him.
Lemaricus Davidson, the ringleader, was sentenced to death. Letalvis Cobbins is serving life without parole. Judge Walter Kurtz rejected new trials for these two because of overwhelming DNA evidence tying them to the rape and murder of Channon Christian.
Attorneys for Davidson and Cobbins are appealing but most observers think their convictions will stand.
The lone female defendant, Vanessa Coleman, was convicted of facilitation for the second time last November. Her sentence was 35 years, down from 53 after her first trial.
A fifth man, Eric Boyd, has always been suspected to of taking part in the carjacking and other crimes. Boyd was clever enough not to admit being in the Chipman Street house and there was no forensic evidence against him.
Boyd was convicted in 2008 in federal court as an accessory and sentenced to 18 years.
Thomas and Cobbins in police interviews said Boyd participated in the carjacking but these statements could not be used in court unless they took the stand. The families believe Boyd got away with murder.
Both the Christians and Newsoms vow to attend any more proceedings in this horrific case.
Here is a link from WATE with several videos of the reaction of family members to the verdict and another from WBIR.
David in TN
George Thomas at his retrial.
Friday, May 17, 2013
Cristian-Newsom Torture-Murders - Notes from the George Thomas Retrial
GUEST ENTRY FROM David In Tennessee!
UPDATE: Verdict came in for Thomas around 9:30 AM PT Guilty on all counts This is a sweep for the prosecution. Sprocket
May 13th, 2013
I arrived in the courtroom at 9 am on Monday, May 13, for the retrial of George Thomas for his part in the torture-murders of Channon Christian and Christopher Newsom in January 2007.
Thomas was convicted on all counts in 2009, but the verdict was overturned because of the criminal behavior of former judge Richard Baumgartner. Judge Walter Kurtz ruled that Thomas had to be retried because he could not act as 13th juror without hearing the testimony.
Before opening statements, Judge Kurtz told the jury they would be general outlines of the respective cases. The prosecution opening by Deputy Attorney General for Knox County, Takisha Fitzgerald fit this description. The opening by defense attorney Stephen Ross Johnson went over an hour and was like a closing argument, rather than an opening.
The judge admonished Johnson toward the end, but allowed him to go on.
Throughout the trial, the defense attorneys have come on far stronger than in Thomas' first trial.
In her opening, Fitzgerald referred to what Thomas said to detective Nevil Norman as "F*** that girl, she don't mean nothing to me!" Johnson, however, gave Norman's full account: "F*** that white girl, she don't mean nothing to me!"
Johnson then accused the prosecutor of trying to "appeal to your emotions." Actually, the prosecutor played down the racial aspect of the statement, while Johnson emphasized it.
The defense attorney used a power point demonstration to attack criminal responsibility as it applied to Thomas. Again, much like in a closing argument.
I counted 14 people present who were friends and family of the victims. There were about 30 spectators on average on Monday. There were up to 40 at times on Tuesday in a courtroom that would hold well over a hundred people. On the other hand, everybody in Knoxville is aware of this case and trial.
On Tuesday morning I was in line waiting to go in and a man and woman in their twenties were behind me. They weren't sure they were at the right courtroom and asked a sheriff's deputy (you had to empty your pockets a second time to see the trial) "It's not that big one, is it?" The deputy answered, "Yes it is." They went in another courtroom.
Perhaps the key witness in Vanessa Coleman's trial was Xavier Jenkins, who worked at a waste treatment agency next to the Chipman Street house. Jenkins saw four black males in Channon Christian's Toyota 4Runner. The defense cross-examined him very aggressively but couldn't dent Jenkins" testimony.
In this trial, the defense asked how he could tell it was four black males, but Jenkins easily answered, saying in effect, as a black man myself I can tell.
The defense did not cross several of the witnesses, especially the fingerprint and DNA specialists. Neither were found belonging to Thomas and they were claiming Thomas was not involved with what happened to the victims.
The mothers of Channon and Chris testified as they have in six previous trials. The defense had no questions for them.
Throughout you heard the name Eric Boyd and many have wondered why Boyd was not charged. It appears he provided the "wheels" for the carjacking. The reason? Boyd was clever enough not to admit to being in the Chipman house.
Each of the other suspects were read Miranda warnings and told they did not have to speak to the police, but insisted on doing so without a lawyer. Each of them tried to blame it on the others. Their police interviews were vague and not informative anyway.
Whenever Thomas came into the courtroom from a holding cell (before the jury is brought in) he would have his hands clasped behind his back. There were no handcuffs on his hands.
Thomas had an air of complete indifference sitting at the defense table. He was the same way in police interviews played in court, with a sneering dismissive tone.
Daphne Sutton testified on Tuesday. Last November I wrote that she looked and dressed like a poor relation of the Kardashian sisters. This time Sutton was dressed in a plain fashion.
Daphne Sutton described George Thomas as being in the house just like the others. More people were in the courtroom during Sutton's testimony.
On cross, defense attorney Tom Dillard spent a fair amount of time on cross, but was not near as aggressive as Vanessa Coleman's attorney, Ted Lavitt.
After a cell phone expert testified, court was adjourned for Tuesday.
Speaking of cell phones, the prosecution was able to show that Lemaricus Davidson, the ringleader, allowed Thomas to use his cell phone to call Stacey Lawson, Thomas' girlfriend, back in Kentucky.
The inference is that Davidson would not allow someone to use his phone who was not involved in what was going on.
Because of family obligations, I had to go back home after Tuesday's session.
The prosecution finished their case on Wednesday. Thomas declined to testify and the defense rested without calling any witnesses. Thursday morning saw closing arguments. The jury was given the case Thursday afternoon.
David in TN
UPDATE: Verdict came in for Thomas around 9:30 AM PT Guilty on all counts This is a sweep for the prosecution. Sprocket
May 13th, 2013
I arrived in the courtroom at 9 am on Monday, May 13, for the retrial of George Thomas for his part in the torture-murders of Channon Christian and Christopher Newsom in January 2007.
Thomas was convicted on all counts in 2009, but the verdict was overturned because of the criminal behavior of former judge Richard Baumgartner. Judge Walter Kurtz ruled that Thomas had to be retried because he could not act as 13th juror without hearing the testimony.
Before opening statements, Judge Kurtz told the jury they would be general outlines of the respective cases. The prosecution opening by Deputy Attorney General for Knox County, Takisha Fitzgerald fit this description. The opening by defense attorney Stephen Ross Johnson went over an hour and was like a closing argument, rather than an opening.
The judge admonished Johnson toward the end, but allowed him to go on.
Throughout the trial, the defense attorneys have come on far stronger than in Thomas' first trial.
In her opening, Fitzgerald referred to what Thomas said to detective Nevil Norman as "F*** that girl, she don't mean nothing to me!" Johnson, however, gave Norman's full account: "F*** that white girl, she don't mean nothing to me!"
Johnson then accused the prosecutor of trying to "appeal to your emotions." Actually, the prosecutor played down the racial aspect of the statement, while Johnson emphasized it.
The defense attorney used a power point demonstration to attack criminal responsibility as it applied to Thomas. Again, much like in a closing argument.
I counted 14 people present who were friends and family of the victims. There were about 30 spectators on average on Monday. There were up to 40 at times on Tuesday in a courtroom that would hold well over a hundred people. On the other hand, everybody in Knoxville is aware of this case and trial.
On Tuesday morning I was in line waiting to go in and a man and woman in their twenties were behind me. They weren't sure they were at the right courtroom and asked a sheriff's deputy (you had to empty your pockets a second time to see the trial) "It's not that big one, is it?" The deputy answered, "Yes it is." They went in another courtroom.
Perhaps the key witness in Vanessa Coleman's trial was Xavier Jenkins, who worked at a waste treatment agency next to the Chipman Street house. Jenkins saw four black males in Channon Christian's Toyota 4Runner. The defense cross-examined him very aggressively but couldn't dent Jenkins" testimony.
In this trial, the defense asked how he could tell it was four black males, but Jenkins easily answered, saying in effect, as a black man myself I can tell.
The defense did not cross several of the witnesses, especially the fingerprint and DNA specialists. Neither were found belonging to Thomas and they were claiming Thomas was not involved with what happened to the victims.
The mothers of Channon and Chris testified as they have in six previous trials. The defense had no questions for them.
Throughout you heard the name Eric Boyd and many have wondered why Boyd was not charged. It appears he provided the "wheels" for the carjacking. The reason? Boyd was clever enough not to admit to being in the Chipman house.
Each of the other suspects were read Miranda warnings and told they did not have to speak to the police, but insisted on doing so without a lawyer. Each of them tried to blame it on the others. Their police interviews were vague and not informative anyway.
Whenever Thomas came into the courtroom from a holding cell (before the jury is brought in) he would have his hands clasped behind his back. There were no handcuffs on his hands.
Thomas had an air of complete indifference sitting at the defense table. He was the same way in police interviews played in court, with a sneering dismissive tone.
Daphne Sutton testified on Tuesday. Last November I wrote that she looked and dressed like a poor relation of the Kardashian sisters. This time Sutton was dressed in a plain fashion.
Daphne Sutton described George Thomas as being in the house just like the others. More people were in the courtroom during Sutton's testimony.
On cross, defense attorney Tom Dillard spent a fair amount of time on cross, but was not near as aggressive as Vanessa Coleman's attorney, Ted Lavitt.
After a cell phone expert testified, court was adjourned for Tuesday.
Speaking of cell phones, the prosecution was able to show that Lemaricus Davidson, the ringleader, allowed Thomas to use his cell phone to call Stacey Lawson, Thomas' girlfriend, back in Kentucky.
The inference is that Davidson would not allow someone to use his phone who was not involved in what was going on.
Because of family obligations, I had to go back home after Tuesday's session.
The prosecution finished their case on Wednesday. Thomas declined to testify and the defense rested without calling any witnesses. Thursday morning saw closing arguments. The jury was given the case Thursday afternoon.
David in TN
Saturday, May 11, 2013
Christian-Newsom Torture-Murder Case: George Thomas Retrial Set to Begin
GUEST ENTRY FROM DAVID IN TENNESSEE!
On Friday, May 10th, sixteen jurors were selected for the retrial of George Thomas for his part in the torture-murders of Channon Christian and Christopher Newsom.
Judge Walter Kurtz announced that 12 will be chosen by lot to deliberate at trial's end.
Back in 2009, I wrote an account of the crime for T&T.
The jury panel is made up of three white women, five black women, and eight white men. The trial is set to begin Monday, May 13th.
The jurors will travel by bus from Nashville to Knoxville over the weekend. They will be sequestered in a Knoxville hotel and be transported together to court. This has been the procedure in the previous trials in this case.
George Thomas was convicted on all counts in 2009, but was granted a new trial because the judge in his first trial, Richard Baumgartner, was forced from the bench and is now serving a six-month sentence in federal prison.
The lone female defendant, Vanessa Coleman, was convicted of the facilitation of Channon Christian's rape and murder for the second time last November. The other two defendants, Letalvis Cobbins and Lemaricus Davidson, were denied new trials due to extensive DNA evidence against them.
There was no DNA linking Thomas to the crimes, but he admitted to being present in the Chipman Street house the entire time. Judge Kurtz decided he could not act as 13th juror without seeing the testimony and ordered a retrial for George Thomas.
The same prosecution team of Takisha Fitgerald and Leland Price that has handled all the trials in this case will be retrying Thomas. The defense team is led by Tom Lillard, with co-counsel is Stephen Ross Johnson. They were appointed by Judge Richard Baumgartner and represented Thomas in his first trial.
I will be traveling to Knoxville on Sunday to cover the first two days of the trial.
David in TN
CHRISTIAN NEWSOM MURDERS QUICK LINKS TO ALL T&T STORIES
Knox News Jury Story
On Friday, May 10th, sixteen jurors were selected for the retrial of George Thomas for his part in the torture-murders of Channon Christian and Christopher Newsom.
Judge Walter Kurtz announced that 12 will be chosen by lot to deliberate at trial's end.
Back in 2009, I wrote an account of the crime for T&T.
The jury panel is made up of three white women, five black women, and eight white men. The trial is set to begin Monday, May 13th.
The jurors will travel by bus from Nashville to Knoxville over the weekend. They will be sequestered in a Knoxville hotel and be transported together to court. This has been the procedure in the previous trials in this case.
George Thomas was convicted on all counts in 2009, but was granted a new trial because the judge in his first trial, Richard Baumgartner, was forced from the bench and is now serving a six-month sentence in federal prison.
The lone female defendant, Vanessa Coleman, was convicted of the facilitation of Channon Christian's rape and murder for the second time last November. The other two defendants, Letalvis Cobbins and Lemaricus Davidson, were denied new trials due to extensive DNA evidence against them.
There was no DNA linking Thomas to the crimes, but he admitted to being present in the Chipman Street house the entire time. Judge Kurtz decided he could not act as 13th juror without seeing the testimony and ordered a retrial for George Thomas.
The same prosecution team of Takisha Fitgerald and Leland Price that has handled all the trials in this case will be retrying Thomas. The defense team is led by Tom Lillard, with co-counsel is Stephen Ross Johnson. They were appointed by Judge Richard Baumgartner and represented Thomas in his first trial.
I will be traveling to Knoxville on Sunday to cover the first two days of the trial.
David in TN
CHRISTIAN NEWSOM MURDERS QUICK LINKS TO ALL T&T STORIES
Knox News Jury Story
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