February 11, 2009 3:27 PM

Ex-Cop's Murder Trial Goes To Jury

(CBS/AP)  A jury began deliberating Tuesday in the trial of a former police officer accused of killing his pregnant lover, wrapping her body in a comforter and then dumping it in a park.

Bobby Cutts Jr. testified through sobs that he went to Jessie Davis' house last June to pick up their 2½-year-old son, Blake, and accidentally killed her with an elbow to her neck as he was trying to leave.

Thousands turned out to search for her for more than a week. Cutts denied any knowledge of her whereabouts. But in the end, it was Cutts himself who led authorities to the park where he had hidden her body, reports CBS News correspondent Meg Oliver .

Cutts, 30, has pleaded not guilty to charges including aggravated murder in the deaths of the 26-year-old Davis and her near-term fetus. If he is convicted he could be sentenced to death.

In closing arguments, prosecutor Dennis Barr said the former Canton police officer's story made no sense. Barr said Cutts wanted Davis and her fetus dead because of mounting debt and child support for a fourth child.

"You don't hide the body unless you're trying to cover up a criminal act, a purposeful killing, especially when you're a trained police officer sworn to serve and protect," Barr said.

Defense attorney Fernando Mack conceded that Cutts must take responsibility for dumping her body and leaving their son home alone for more than 24 hours. But he said those actions don't prove Cutts committed aggravated murder.

"They don't even come close," he said, pointing out that no witnesses testified that Cutts had been complaining about child support payments or about Davis' pregnancy.

Mack also reminded jurors that the medical examiner could not determine the cause of Davis' death and that a key witness, Cutts' friend Myisha Ferrell, didn't testify that Cutts strangled Davis.

Mack also told jurors that Cutts tried to perform CPR and revive Davis with bleach.

"The panic is increasing now," Mack said. "He knows that this is not supposed to be, not because he went in there with the intent to commit murder but because something escalated and got out of control."

Barr responded in his rebuttal by reminding the jury of what Blake told an investigator: "Mommy's crying. Mommy broke the table. Mommy's in the rug," and later "Daddy's mad."

"How can a 2½-year-old make that up?" Barr asked. "That's evidence that Bobby committed aggravated murder."

Defense attorneys asked the judge to instruct the jury on lesser charges of involuntary manslaughter or voluntary manslaughter, but the judge rejected their request, saying it wasn't warranted by the evidence.

Jurors may consider a murder charge, which would spare Cutts from a possible death sentence. They were sequestered overnight Tuesday, and are set to resume deliberations on Wednesday.

© 2009 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
Add a Comment See all 12 Comments
by runningralph February 13, 2008 8:49 PM EST
Antonio123,
No, it''s not just you. In fact, the majority of the world believes in the death penalty. A billion Chinese, a billion Muslims, Israelis, Africans and South Americans(don''t know how many there are)Indonesians, Malaysians on and on are right there with you. I don''t think the liberals really know how outnumbered they are.
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by michellem99-2009 February 13, 2008 3:19 AM EST
Bleach? no way.. We use it for cleaning..
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by byeneocons February 12, 2008 8:39 PM EST
"Mack also told jurors that Cutts tried to perform CPR and revive Davis with bleach."

Bleach revives the dead? I thought it only covered up blood stains. Hmmm.
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by byeneocons February 12, 2008 8:37 PM EST
You know the jury is playing Scrabble so it will look like they put a lot of thought into the guilty verdict.

Sorry dude. Dead man walking.
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by observer2020 February 12, 2008 5:18 PM EST
Twigsstems: How do all your quotes have anything whatsoever to do with this story? Or do you just like to spam? Anyway, I''m sure that this lowlife will be convicted, despite his crocodile tears, but they''ll probably put him in the wing for ex-cops just to keep him away from the general population. The general population knows already and is drooling, hoping they''ll get their chance with him.
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by johnstossel February 12, 2008 4:13 PM EST
You just know that this guy is gonna be another prisoners ***!!!
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by antoniof123 February 12, 2008 3:57 PM EST
Is it just me or does any one else believe that this guy serves no useful purpose to humanity and should be done away with.

Hey but I beleive that all murders should be put down. As long as it is beyond a reasonable doubt and it this case it is. He led them to the body.
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by michellem99-2009 February 12, 2008 3:55 PM EST
Have him fixed in a doc''s office..no more babies..They will handle him in prisom..
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by killtheliars February 12, 2008 3:18 PM EST
It is hard to believe anything this guy says but it is also hard to support the death penalty or even a life term since there have been numerous murders committed by women recently (the preachers wife who shot him while he was sleeping to name one) and they did not recieve severe sentances. There can be no double standard, they need to take precedent from cases like that and give him a similar sentance
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by kevzgrl February 12, 2008 3:03 PM EST
He didn''t think police would believe him right after it happened - why should he think the jury will belive him now??? How could the little boy know that "Mommy was crying. Mommy broke the table. Mommy''s in the rug" if he was asleep, as this admitted liar says? Why would he think, repeatedly, that having unprotected se-x with someone who wasn''t his wife would not result in ANOTHER child that he would have to pay support for???
I, too, hope they put him in general population and make sure that the rest of the animals know he is an ex-cop - may take care of the death penalty he so richly deserves.
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