Christian-Newsom Torture Murders Status Update, Lemaricus Davidson New Trial Bid

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.

Christian-Newsom Torture Murder - Day 5 Eric Boyd Trial

 Christopher Newsom & Channon Christian

GUEST ENTRY by DAVID in TENNESSEE!

August 12, 2019
As 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

Christian-Newsom Torture Murder - Day 4 Eric Boyd Trial

Eric Boyd at his murder trial

Photo Credit: knoxnews.com

UPDATE 8/11: Corrected where Jenkins workplace was in relation to crime scene house. Sprocket
GUEST ENTRY by DAVID in TENNESSEE!

August 10, 2019
I have watched the trial on live stream all four days.

Friday was the fourth day of testimony in the trial of Eric Boyd for his role in the January 2007 Christian-Newsom murders in Knoxville, Tennessee.

Boyd was indicted in 2018, 10 years after being convicted in federal court for aiding "ringleader" Lemaricus Davidson after the crimes.

It was long thought Boyd had provided the vehicle used in the carjacking and was involved. There wasn't much more evidence against George Thomas, but unlike Thomas, Boyd didn't admit to being in the Chipman street house. 

The only testimony directly linking Boyd was by Xavier Jenkins. Jenkins worked in a waste treatment facility in the neighborhood of the Chipman street house. Jenkins testified to seeing four black males in a white Chevy Sunbird, which was the car Boyd provided for use by the suspects. In every trial, defense attorneys have tried to shake Jenkin's story but he stood firm again in this trial. 

The other witness linking Boyd to the murders was Adrienne Mathis, Boyd's cousin. She testified in an earlier trial to loaning Boyd the Sunbird. This week, Mathis claimed to have "amnesia" and couldn't remember. She didn't change her story, she claimed to not remember.

More on this later.

The first testimony of the day had to do with Davidson's phone records. Then a friend of Boyd and Davidson gave a lively account of the two visiting her apartment. 

Forensic specialist Jennifer Millsaps testified to a piece of Boyd's stained clothing. Although it could not be linked directly to the murders, Judge Bob McGee allowed it in.

The key testimony of the day was by Dr. Darinka Mileusnic-Polchan. She is the medical examiner. The live stream doesn't show the autopsy photos. I saw them when I attended the Vanessa Coleman retrial.

Here is what I wrote after seeing the medical examiner's testimony and the photos in 2012. The testimony on Friday was identical.

"The first photo was of Chris Newsom's burned body lying beside the railroad tracks. His body was blackened from about the knees up with the face unrecognizable. There was a blindfold over his eyes which somewhat preserved them. A police officer who was a friend of the Newsoms could recognize Chris 'because of his eyes,'

"The other photo was of Chris Newsom's bare feet which were still tied by a belt and ligature." 

"Now came Dr. Mileusnic-Polchan's (ME) presentation concerning the rape and murder of Channon Christian. Her body was not removed from the garbage can until at the medical examiner's office. The can was covered by a tarpaulin while being hauled there. Her face had been covered by a white plastic bag and the body enclosed in several black plastic bags. 

"Channon Christian was a beautiful 21-year old woman who stood five feet, eight inches, and weighed 122 pounds."

"On the screen appeared a photo of Channon's body lying on a gurney. Her body was still contorted in the position it was in after being 'crammed' into the trash can. She was naked from the waste down."

"The mouth was open. The eyes were half-closed. Her face was frozen in horror. She had died of asphyxiation after hours of agony. The left arm was extended upward from the elbow."

"This photo hit me like a punch."

"The next photo showed abrasion inside the lips. Her gum had been knocked loose from her teeth. A photo of her face was next."

"Then came a photo of her genitals. It revealed tremendous trauma. She had been kicked and beaten repeatedly in the vagina. During Davidson's trial, a beginning female deputy DA fainted at this photo."

"The next photo was of her anus with still more heavy bruising. It looked like she had been clubbed, She had been raped anally, vaginally, and sodomized."

I repeat viewers of the Court TV live stream didn't see this. The Court TV talking heads in their Atlanta studio could not see it.

Knoxville News Sentinel reporter Jamie Satterfield tweeted from the courtroom "Jurors are struggling with these images. One guy rubbed his face and kept his head down, another rubbing his temples, lady covers her mouth, etc..."

Of Newsom, Satterfield tweeted "Savaged-that's the best way to describe what happened to Chris."

On Friday, Dr. Mileusnic-Polchan said there was tearing, bruising and lacerations of Newsom's anus. "That was indication of damage," she told the courtroom. "Plus, on the inside there were some additional tears and additional bruising." 

The anal injuries occurred one to two hours before Newsom was shot, she said. She confirmed that Newsom was raped.

George Thomas' testimony this week and prior by the suspects said nothing about the horrible wounds inflicted on the victims. 

The prosecution rested. 

Now, the state asked Judge McGee to allow Boyd's cousin Adrienne Mathis' prior testimony in which she told of loaning Eric Boyd the Sunbird. Without this testimony, the state can't connect Boyd to the Sunbird. 

Prosecutor Takisha Fitzgerald asked McGee to let in prior testimony only from Boyd's 2008 federal trial. 

Judge McGee gave the state a win. He ruled Mathis was "unavailable" because of her claimed loss of memory and will allow into evidence prior federal testimony.

That was the end of Friday's session. Court resumes on Monday.

David in TN