George Thomas double murder trial, day 6
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Updated: 1:48 AM Dec 8, 2009
George Thomas double murder trial, day 6
The jury in George Thomas' double murder trial deliberated for about an hour-and-a-half before going home Monday. 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.
Posted: 5:43 AM Dec 7, 2009
Reporter: Mike McCarthy
Email Address: mike.mccarthy@wvlt-tv.com
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Channon Christian & Christopher Newsom share a special moment.
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KNOXVILLE, Tenn. (WVLT) -- Jurors in accused killer George Thomas' double-murder trial deliberated Thomas' fate for nearly two hours Monday afternoon, before calling it a night around 5:30.

Thomas is the third suspect to face a jury for the kidnapping, rapes and murders of Channon Christian and Chris Newsom. This case comes down to criminal responsibility: how it's defined, and how the jury interprets it.

Thomas' fate is buried in paragraphs of legalese and the legal definition of criminal responsibility.

"This crime needed multiple people to accomplish. It's complex," said Knox County Assistant District Attorney Leland Price.

Assistant D.A. Takisha Fitzgerald argued that Thomas is criminally responsible for the actions of already convicted co-defendants.

"It's the encouragement he gave his co-defendants, by being there with them," she said.

Fitzgerald argued Thomas admitted to police he knew his co-defendants planned a carjacking, and that he saw the couple, blindfolded and bound, being brought into the Chipman Street house that was the scene of the crime.

Prosecutors also argued that Thomas benefited from the crimes by riding in Christian's stolen SUV.

"He's down with the theft, with the robbery, and everything flows from that," said Fitzgerald.

"If he has knowledge, and that's it, he's not guilty," said defense attorney Thomas Dillard.

The defense argued the prosecution's presented too many speculative statements.

"We're here about the facts. Not what could have been," said Dillard, arguing that the facts showed no forensic evidence that Thomas took part in the crimes. Instead, he said, Thomas didn't pay much attention to the couple and tried to leave.

"We know who committed these offenses," said Dillard. "They've been tried. George Thomas didn't."

Now, it's jurors who will decide if Thomas' actions, in plain English, mean he's guilty.

The judge has also postponed ruling on a defense motion to toss out the case. It's a routine request, arguing the evidence isn't sufficient for the prosecution's case.

The judge could wait and rule on that motion after the verdict comes, possibly affecting the verdict.

Jury deliberation will resume Tuesday morning.

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KNOXVILLE, Tenn. (WVLT) -- The jury in George Thomas' double murder trial deliberated for about an hour-and-a-half before going home Monday. 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.

You can watch the entire trial streaming live at VolunteerTV.com.

Get up-to-the-minute trial updates from Mike McCarthy by following @WVLT on Twitter.com.

5:24pm---Jury has ended the day without a verdict. Jurors will begin deliberating Tuesday morning at 10:00 am.

3:26 p.m. -- Jury deliberations begin.

2:45pm---Closing arguments done.

2:30pm--State begins rebuttal closing, saying that this crime was complex and needed the work of multiple people, including George Thomas.

1:50pm--The defense says the state's case is full of hypothetical statements, what "could've or might've happened." Thomas' attorneys say the jury's here to decide on the facts of the case, and don't rule based on emotions. Defense attorney Thomas Dillard says Christian and Newsom were brutally and savagely murdered, but there' s no evidence that Thomas was part of it.

1:45pm---Prosecutors tell the jury Thomas is not guilty of facilitation; instead, he is an equal partner. They say Thomas gave his co-defendants encouragement and commended them on stealing "a nice ride."

1:20pm--The prosecution recaps in graphic detail the murders and rapes of the couple. Prosecutors walk jurors through the time line of the fatal crime scene.

12:50pm--Prosecution begins closing arguments. Assistant DA Takisha Fitzgerald told jurors this case requires critical thinking and remind jurors they told the state during jury selection that could convict Thomas if the prosecution proves the elements of the crimes.

11:35am--Jury charge is done. Closing arguments set for around 12:30pm.

10:30am--Judge Baumgartner is reading the jury charge to jurors, instructing them on the legal process they must follow in determining Thomas' innocence or guilt. This is quite lengthy and will take some time to complete, given Thomas faces 38 counts, which also include lesser-included offenses.

9:36am--Thomas has told the judge he will not take the stand in his own defense. The defense rests without putting on any proof.

9:30am--Judge Richard Baumgartner will have the final say in George Thomas' fate. The judge has reserved judgment on Thomas' attorneys request for acquittal. Baumgartner will take the request under advisement, but case will still go to the jury.

His decision will be made after the jury comes back with its verdict. Judge said he's heard the proof in this case many times by now, but it still "remains shocking."

Judge Baumgartner says this case is different that the previous trials for Letalvis Cobbins and Lemaricus Davidson because of the lack of any forensic evidence linking Thomas to the crimes.

However, the judge said there's no question Thomas was present at the start of this, and he knew what was going on at least in terms of a planned carjacking, and was aware of events as they unfolded, at least to some extent.

The big question, Baumgartner said, is whether or not Thomas participated in helping the others in this "criminal enterprise."

The prosecution argued the evidence infers Thomas guilty. While failure to report a crime isn't criminal, prosecutors said, you can draw an inference of guilt from it. The prosecution also said Thomas saw the couple, blindfolded and bound, being brought into the Chipman Street and later saw Chris Newsom being led out. Prosecutors said based Thomas knowledge of the planned carjacking, it's reasonably foreseeable someone could be taken with the car. They also said Thomas' staying at the house showed he intended to participate, and then fled to Kentucky.

The defense argued there's no evidence Thomas actively encouraged the crimes or joined in them. Defense Attorney Thomas Dillard also said the prosecution can't prove Thomas was present during the time frame on Sunday when the medical examiner testified Channon Christian died. Dillard said just seeing the couple being brought into the Chipman Street house isn't enough for criminal responsibility.

9:25am--Judge discussing Thomas' defense team request for an acquittal, citing the prosecution has insufficient evidence to prove its case.