15 February 2008

Viernes.....

So happy it is Friday! February is way busier than I thought it would be. But it has been a fun busy month so far. :)

This week there were soooo many things going! Then last night I went to AJ Rocco's to see fellow CTCer TriFolk play. Well done, Charlie! A good time was had by all, illustrated by the three empty pints I had in front of me when I left. ;)

Tomorrow is jam-packed which is nice! First, Chili Bowl then (possibly) swimming with Monica, then I have a mayoral ball for the mayor of South Euclid and then my cousin wants to go to a bar after. I know totally nutz, but I'm sure it will fun! You all are welcome to join us out!!!! Well, the ones that live in Ctown. I mean of course ALL of you are welcome but I don't think you would want to travel that far. ;) Anyhow, we are planning on the Boneyard in Mayfield so come join two of the lovely Z ladies for a few drinks! :) I've never been but Kristin loves it so we shall see what I come up with! ;) Anyone have opinions???

Next week is crazy too but the highlight is new socks!!! Now not just any socks my friends, Balega socks. I have a credit waiting for me at Fleet Feet and Diva Night is Wednesday so I'm going to get some socks!!!! :) LOVE THEM! They are so comfy. My fav are the XTerra Trail Socks so I'm excited to get a few more pairs of those! I know, just socks, but my friends for me it is about the little things!

Then I will be in the Blo again and I have a meeting with one of my profs because the lead prof for my project option thinks my proposal is not that great for my project. :( You can check it out for yourself and tell me what you think! (You really don't have to! I just like constructive criticism.) See the thing is that:
A. Yes, while there is alot to cover, I don't necessarily have to go in-depth with each recommendation of the community.
B. Several of the goals can be solved together with a couple of strategies, so it isn't like I'm going to be 'solving' all the world's problems. (Just a few.)
and
#3: Seriously, I can totally kick some planning (and nonplanning) ass, so why you gotta be down on me Sternie?! I always get it done and done well, so just believe. Believe in the dream Sternie! ;) (Sternie is short for Dr. Sternberg; I don't think he knows I call him that though!)

Gosh, I had so many other things I was going to write about today! :( Then I got sidetracked. Ok let's see I had one particular message I wanted to get across. If you aren't interested in criminal law please proceed to just my message which is AFTER the LAST white line.

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Today, the verdict was returned in the Jessie Davis murder trial. For those who are not familiar with the case a quick google search will produce ENDLESS results.

Having a legal background from undergrad and having worked for the DA's office in the city of Buffalo, I know a little bit about the law. I was concerned that although Cutts took the police to her body that he would still be able to get off, as it were. The remaining evidence was all circumstantial. I will say that his defense was poorly done. I'm not sure if a plea was offered but if I had been counsel I would have urged my client to take the plea. I'm not sure that everyone is aware of this, but when someone is charged with a crime, that individual has NO REQUIREMENT TO PROVE INNOCENCE. The burden of proof lives on the State. The only time this becomes fuzzy is when you have confessions. Now I'm not positive that he confessed, I believe he only told them where they could find her body and then refused to give any further info without an attorney. Instead his counsel thought that it was prudent to allow him to take the stand and concoct some totally unbelievable story about what happened that night. Delivered between sobs. What was striking about the testimony is that it was the only time Cutts showed any sort emotion the entire trial. He did not show emotion when pictures of her decomposing body were shown.

Here are the two biggest flaws with his story (besides the fact that he was a police officer and if it was truly an accident he would have felt comfortable alerting EMS to assist in resuscitating the victim):
1. He claims that an argument ensued and at one point he violently lifted his elbow striking the victim in the throat rendering her unconscious. FLAW: Her windpipe was severely damaged (collapsed I believe) and she had two broken vertebrae. Additionally there were ligature marks on her neck. Any CSI or ME will tell you that kind of force required to produce such results cannot come from violently striking someone with an elbow.
2. He claims that he used bleach to try and 'wake her up' because of the smell. FLAW: It appears as though at least a half of a bottle of bleach was spilled on the floor of the bedroom.

So today he was found guilty of all counts except one, aggravated murder of Jessie Davis. I don't know the CPL here but I believe aggravated murder requires use of a weapon with premeditation and knowing intent to kill. Clearly, they were not able to convince all the jurors beyond a reasonable doubt that he did this.

Here are the charges and verdicts:
* Count 1--Aggravated Murder for purposely causing the death of Jessie Davis: NOT GUILTY, FOUND GUILTY ON LESSER CHARGE OF MURDER (15 years to life)
* Count 2--Aggravated Murder for purposely causing the unlawful termination of Jessie Davis' pregnancy: GUILTY (Death penalty or life in prison)
* Count 3 --Aggravated Murder for purposely causing the death of a viable, unborn child; a child under 13 years of age: GUILTY (Death penalty/or life in prison)
* Count 4--Aggravated Burglary for with the purpose to commit murder, trespassing into Jessie Davis' home: GUILTY (10 years)
* Count 5 & 6--Gross Abuse of a Corpse for reckless treating the corpse of Jessie Davis and her unborn child:GUILTY & GUILTY (1 year each count)
* Count 7--Child Endangering for creating substantial risk to Blake Davis in leaving him home unattended: GUILTY (6 months)

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The whole point of sharing this story is to remind/alert you that this is an EXTREMELY common occurrence. Here are some frightening statistics:

-Around the world, at least one in every three women has been beaten, coerced into sex or otherwise abused during her lifetime.
-Nearly one-third of American women (31 percent) report being physically or sexually abused by a husband or boyfriend at some point in their lives.
-Nearly 25 percent of American women report being raped and/or physically assaulted by a current or former spouse, cohabiting partner, or date at some time in their lifetime.
-On average, more than three women are murdered by their husbands or boyfriends in this country every day. In 2000, 1,247 women were killed by an intimate partner. The same year, 440 men were killed by an intimate partner.
-Pregnant and recently pregnant women are more likely to be victims of homicide than to die of any other cause. Homicide is the leading cause of death overall for pregnant women, followed by cancer, acute and chronic respiratory conditions, motor vehicle collisions and drug overdose, peripartum and postpartum cardiomyopthy, and suicide.
-Approximately one in five female high school students reports being physically and/or sexually abused by a dating partner.
-Forty percent of girls age 14 to 17 report knowing someone their age who has been hit or beaten by a boyfriend.

I am completely aware that these stats are thrown around all the time, but obviously people aren't listening or paying attention or the violence would stop. We need to be teaching our young people that violence is not a viable option when dealing with conflict, disappointment or anger. We need to set an example as adults that it is never appropriate to be physically, emotionally, economically, psychologically or sexually abusive to another person. Further, it is our responsibility to offer support and help to those who are experiencing such atrocities. Jessie Davis is just another face of this epidemic. Chloe, days away from birth, is too. Please take time to be aware of those around you and help people that need it. One person really can make a difference. Even if you touch just one other person in your entire life that is enough!

2 comments:

triguyjt said...

cutts argument about accidental does not wash here..
i agree...far too many cases of violence against women in the country and of course so many things happen that are not reported.

hope your chili run went well

triguyjt said...

ohh and thanks for advice on the site counter... thingy.. i just may check that out