Defense wants evidence quiet in mom's death

Accused officer waives preliminary hearing in pregnant woman's killing

	Sarah Crislip is escorted by Scott Sander from the casket of her high school friend, Jessie Davis, following a graveside service at Greenlawn Memorial Park Saturday in Akron, Ohio.
Tom E. Puskar / AP

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updated 2:28 p.m. ET July 2, 2007

CANTON, Ohio - The police officer accused of killing his pregnant girlfriend and her unborn daughter waived a preliminary hearing Monday because his attorney didn’t want evidence to be disclosed publicly.

Forgoing the hearing for Bobby Cutts Jr. will help ensure his right to a fair trial, attorney Bradley Iams said. He plans to do everything he can in “not allowing bits and pieces of the evidence out,” he said after a brief court appearance.

Cutts, 30, is charged with two counts of murder in the deaths of Jessie Davis and her unborn girl, who was to be named Chloe. Davis was due to deliver Tuesday. Cutts is the father of Davis’ 2-year-old son, and her family says he was the father of the unborn baby.

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If the hearing had been held, prosecutors would have been required to inform the court why Cutts was arrested.

“I already know the answer to those questions,” Iams said.

Davis was last heard from June 13 and was reported missing 1 1/2 days later when her mother went to her home in North Canton and found Davis’ son, Blake, in a dirty diaper and the bedroom furniture toppled. “Mommy was crying. Mommy broke the table. Mommy’s in rug,” Blake said.

Body found 25 miles from home
Thousands of volunteers searched for Davis. Authorities found her body June 23 in a park about 25 miles north of her home in northeast Ohio. Authorities have not said how they found it.

Cutts was arrested on the day the body was found and has been held in lieu of $5 million bail.

He stood before a packed courtroom that included Davis’ mother, Patricia Porter, and her sister, Whitney Davis. He was barely audible when he answered “yes” three times after Judge Richard Kubilus asked whether he understood what he was doing in waiving the hearing.

After the hearing, Cutts’ family and his pastor, C.A. Richmond, declined to comment.