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Updated: 8:54 PM Oct 24, 2009
UPDATE: Davidson's decision deadline is Monday
A Knox County judge has given accused killer Lemaricus Davidson until Monday to decide whether or not he will testify in his double-murder trial.
Posted: 6:22 AM Oct 24, 2009Reporter: Mike McCarthy Email Address: mike.mccarthy@wvlt-tv.com |
Lemaricus Davidson
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KNOXVILLE, Tenn. (WVLT) -- A Knox County judge has given accused killer Lemaricus Davidson until Monday to decide whether or not he will testify in his double-murder trial.
The prosecution has rested it's case against Davidson Saturday morning.
Day six of Davidson's trial began with Judge Baumgartner denying a request by Davidson's attorneys for a mistrial, based on a lawyer with the district attorney's office fainting during graphic testimony.
Defense attorney David Eldridge argued the jury saw the lawyer faint and that could prejudice the jury.
Also, Eldridge said the photo being shown at the time was a photo the the defense argued shouldn't have been admitted in the trial originally.
The judge denied the request, but told the jury not to take the lawyer's or anyone in the courtroom's reaction into consideration when deciding it's verdict.
Lawyer Karen Manning fainted Friday afternoon while Knox County Medical Examiner Dr. Darinka Mileusnic-Polchan was testifying about the injuries Channon Christian and Christopher Newsom suffered.
The medical examiner's testimony was accompanied by graphic autopsy and crime scene photos.
Manning told the court she reacted to pictures as a whole, not just the single photo.
Davidson's on trial for allegedly carjacking, kidnapping, raping and murdering Channon Christian, 21, and Christopher Newsom, 23, in January 2007.
Davidson's defense team is to cross-examined Knox County Medical Examiner Dr. Darinka Mileusnic-Polchan, questionning Christian's time of death and how Davidson's DNA could have gotten inside Christian's body.
The defense called Jeffrey Bradley to the stand who said he saw Christian with her accused killer outside Davidson's Chipman Street house days before her death.
"I can't say 100% sure," Bradley said.
"Why?" The State prodded in cross-examination.
"In my heart I believe it was her. I hate to say that," Bradley continued.
But Davidson's ex-girlfriend has testified she was living Davidson up until just before the crimes.
She also said Davidson was dating two other girls.
Prosecutors attacked what Bradley said he saw.
"Is a second you saw her face, 15, 20 seconds? What is it?" Leland Price asked.
"I looked up and looked again. I didn't follow them going into the house," Bradley answered.
"You were turned around?" Price continued.
"Yes," Bradley admitted.
"I"m 100% sure that she didn't know those people. She didn't have anything to do with those people," Gary Christian, said.
"She wasn't on Cherry Street until she was forced there," Deena Christian added.
Another defense witness, Ethel Lynn Freeman, testified she saw the couple at a Cherry Sreet gas station the weekend of their murder.
"Did they say anything?" Leland Price asked.
"Channon said they had run out of gas and they asked me for money," Freeman responded.
Freeman later said she talked to Davidson the night police have said the couple was carjacked.
"Were you worried?" Price asked.
"Yes, I told him whatever he was doing to slow down or he was going to have a heart attack becuase he sounded so flustered or whatever," Freeman said.
Unlike Davidson's half brother, Letalvis Cobbins, who has already had his day in court, Davidson requested a Knox County Jury.
Volunteer TV's Mike McCarthy is at the courthouse, and he'll be providing updates all day on Volunteer TV News and on VolunteerTV.com. You can also follow his updates on Twitter. Just follow @WVLT.
