Saturday, September 29, 2007
A defense attorney said race likely will be a factor during jury selection.
CANTON (AP) — Lawyers considered Friday whether an impartial jury can be found in the Northeast Ohio county where a police officer is accused of killing his pregnant girlfriend.
Bobby Cutts Jr., 30, wearing red jail clothes, handcuffs and ankle shackles, appeared calm as various motions were considered during a 45-minute court hearing.
No evidence was presented and no testimony given.
Cutts could receive the death penalty if convicted of aggravated murder in the deaths of Jessie Davis and her unborn daughter. The body of Davis, 26, was found June 23 in a wooded area about 15 miles north of her home near North Canton.
Myron Watson, one of Cutts’ attorneys, said after the hearing that he expects race will be a factor during jury selection. Cutts is black and Davis was white.
“In this case, ignoring the racial dynamic to it, I think, would be irresponsible,” Watson said. “It is our hope to have a fair trial, but we have to do our homework and see if that can be accomplished here or in a different venue.”
The lawyers have not requested that the trial be held outside Stark County.
What’s expected
Stark County Prosecutor John Ferrero said he expects normal procedures for selecting a capital murder case jury will be followed. He wouldn’t speculate whether an impartial local jury could be found to try Cutts.
“We will not know that until we start talking to the jurors and asking the questions that need to be asked,” Ferrero said.
Among rulings made during the hearing, Stark County Common Pleas Judge Charles E. Brown Jr. said he will decide at the time of trial whether any items of evidence, such as crime scene photographs, should be excluded.
Defense attorneys had wanted the judge to make decisions about evidence before the trial, arguing that some things might be prejudicial.
Cutts’ attorneys did not specify to what evidence they were referring.
A trial date has not been determined.
Cutts has been suspended from the Canton police force without pay since the body was found. He is being held on a $5 million bond.