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Updated: 9:08 PM Dec 5, 2009
George Thomas double murder trial, day 5
The prosecution has rested its case in George Thomas' double murder. He's the third of four defendants to stand trial for the January 2007 carjacking, kidnapping, rape and murder of Channon Christian, 21, and Christopher Newsom, 23.
Posted: 7:33 AM Dec 5, 2009Reporter: Mike McCarthy Email Address: mike.mccarthy@wvlt-tv.com |
Defendant George Thomas listens to proceedings on the third day of his
torture-murder trial Thursday, December 3, 2009 in Knox County Criminal
Court. Thomas is the third defendant to be tried for the January 2007
slayings of Channon Christian, 21, and her boyfriend, Christopher Newsom,
23. Thomas could get the death penalty if convicted. (Photo Courtesy: J. Miles Carey, Knoxville News Sentinel)
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KNOXVILLE, Tenn. (WVLT) -- The prosecution rested its case against accused killer George Thomas Saturday.
Thomas is the third of four defendants to stand trial for the January 2007 carjacking, kidnapping, rape and murder of Channon Christian, 21, and Christopher Newsom, 23.
Thomas is expected to announce whether or not he will testify in his own defense Monday.
The defense plans to file a motion of acquittal later Saturday, auguring the prosecution didn't prove its case.
Judge Richard Baumgartner said it's a standard procedure in criminal cases. The judge plans to rule on the motion Monday.
Prosecutors are trying to prove Thomas criminally responsible for actions of convicted co-defendants Lemaricus Davidson and Letalvis Cobbins.
A Knox County jury sentenced Davidson to die for the couple's death. Cobbins was sentenced to life in prison without parole for Christian's murder by a panel of Davidson County jurors.
Thomas' jury of Hamilton County residents now has heard all the prosecution's proof in this case.
However, jurors didn't hear any forensic evidence linking Thomas to the crimes against the couple.
"You're saying you didn't find George Thomas' DNA on anything we've discussed so far?" Assistant District Attorney Leland Price asked TBI Serologist Jennifer Millsaps.
"Correct," Millsaps responded.
Millsaps was the state's final witness, and she testified didn't find any DNA from Thomas on the victims.
However, she did identify DNA from Davidson and Cobbins, linking them linking them to Christian's rapes.
But Newsom's rape kit only identified his DNA, Millsaps testified.
Earlier this week, Knoxville Police finger print analysts testified they didn't find Thomas' finger prints on the trash bags that held Christian's body.
The police evidence technicians also said they didn't identify any prints on the guns prosecutors have tried to link to Newsom's death.
In his police statement, Thomas told police he saw the couple--blindfolded and bound--being brought into Davidson's Chipman Street House.
Thomas also admitted he rode in Christian's stolen SUV.
But Thomas said he didn't pay much attention to what happened to couple otherwise, didn't participate in the crimes, and he tried to leave.
"Everybody basically like hold oh, you know what I'm saying let us, let us finish doing, what not, and then basically like, you know what I'm saying, I want to go right now cause I ain't trying to set up in here basically," Thomas told investigators.
Prosecutors have argued Thomas benefited the crimes.
Thomas' defenders won their bid Saturday to instruct jurors being at a crime scene and knowing the perpetrators doesn't make someone criminally responsible.
"The way its been included in the charge here seems to flow," Judge Richard Baumgartner said.
Closing arguments are set for Monday.
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Previous story:
12:15pm--Court going through the wording on the jury instructions for deciding Thomas' innocence or guilt. Jurors have been excused for the day.
11:25am--The state rests it case against Thomas. Millsaps testified she didn't find any DNA of Thomas on either the bodies or clothing or either Christian on Newsom. Judge said jury will get this case on Monday. Defense doesn't plan to call witnesses, but will make final decision Monday.
10:35am--The defense has prepared a motion to request the judge to give jurors special instructions, calling the instructions "fundamental to the case."
In short, the defense wants the judge to tell the jury a defendant can't held criminally responsible for the crimes if he knew about the crimes, but failed to act, prevent, render aid, or report the crimes.
Also, it cites case law that being at the crime and knowing the perpetrator of the crime doesn't make someone criminally responsible either.
The defense also want the jury to be told Thomas hasn't been charged as an "accessory after the fact."
Thomas' attorneys also want the jurors to be instructed "draw no inference about Mr. Thomas' guilt or innocence based on the fact that he was in jail prior to this trial."
The judge has not yet ruled on this motion.
10:15am--Day 5 begins with DNA expert Jennifer Millsaps. The TBI technician is the last witness for the state. Millsaps will discuss forensic evidence in the case.
