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Nancy Grace

Boyfriend Charged With Murder of Missing Ohio Mother

Aired June 25, 2007 - 20:00   ET


NANCY GRACE, HOST: Tonight, breaking news. A young Ohio mom, nine months pregnant, just weeks from giving birth to a second child, vanishes from her own home, her 2-year-old son found home alone in dirty diapers by grandmother, possibly alone for days. The toddler tells police, "Mommy was crying," "Mommy broke the table," "Mommy`s in the rug."
Headlines tonight, two arrests and murder charges come down after police discover Jessie`s remains in a national park still carrying her unborn baby girl, baby Chloe. Behind bars on $5 million bond, the baby`s biological father, Bobby Cutts, Jr. And also behind bars tonight, an associate of Cutts`s, Myisha Ferrell.

How was Jessie found? What was discovered when police searched the home of his alleged accomplice? And of course tonight, why?


UNIDENTIFIED MALE: We recovered the body of Jessie Marie Davis in Summit County, Ohio. We have placed Bobby Cutts under arrest. He will officially be arraigned on two counts of murder, which includes the unborn child.

UNIDENTIFIED MALE: Case number 2007-CRA-02802 (ph), the state of Ohio versus Bobby Lee Cutts, Jr. Mr. Cutts is charged with two counts of murder. Number 2007-TRE-02825 (ph), state of Ohio versus Myisha Lynne Ferrell. She`s charged with one count of obstruction of justice.


GRACE: Good evening. I`m Nancy Grace. I want to thank you for being with us tonight. Stunning developments. The body of a young Ohio mom nine months pregnant, just weeks from giving birth to a second child, found murdered along with her unborn baby girl. Tonight, police arrest the biological father for double murder. And Bobby Cutts`s alleged accomplice sweats it out behind bars.


UNIDENTIFIED FEMALE: Canton police officer Bobby Cutts and his high school friend, Myisha Ferrell, walked in shackles into the Canton municipal court. Police say Cutts murdered Jessie Davis and her unborn child. Ferrell is charged with obstruction of justice.

UNIDENTIFIED MALE: Mr. Cutts is charged with two counts of murder.

UNIDENTIFIED FEMALE: Inside the courtroom, Cutts stood quietly as bond was set at $5 million. Davis`s mother stood through the proceedings and looked Cutts right in the eye.

QUESTION: Did you want Bobby to see you?

PATTY PORTER, MOTHER: Absolutely, I wanted him to see me.

QUESTION: And did he look at you?

PORTER: Yes, he did. I believe my whole life has prepared me for this moment. And I`m not sitting down when I see Bobby Cutts.

QUESTION: Did your client murder Jessie Davis?

UNIDENTIFIED MALE: I`m not going to talk about the evidence.

UNIDENTIFIED FEMALE: For the thousands who volunteered to search for Davis`s body, it`s time for swift justice.

UNIDENTIFIED FEMALE: I don`t know if there are even words to express the heartache, the absolute -- just -- you know, we know that only God can heal this kind of pain because if there was something we could take to make it go away, we would have. It`s just an unbearable loss.


GRACE: Tonight, the family devastated after that weekend discovery. Bobby Cutts, Jr., and alleged accomplice sweat it out after bars tonight, that bond set at $5 million on Cutts. And today his first court appearance.

Out to Phil Trexler with "The Akron Beacon-Journal." What happened in court?

PHIL TREXLER, "AKRON BEACON-JOURNAL": Well, as you said, Nancy, today there was quite a staring match in the courtroom today. Patty Porter, Jessie`s mother, stood while everyone else sat and stared straight into a glass window that held Bobby Cutts, and she never took her eyes off of him. She kept her jaws straight. Her lips quivered a little bit, but she held onto her daughter, Whitney`s, hand throughout the proceedings, and she never took her eyes off of him. You could see the disdain in her eyes filling the courtroom. It was quite an emotional scene.

GRACE: What was Cutts`s reaction to the mom of the murder victim staring him down?

TREXLER: Well, Bobby Cutts stood there behind the glass window, looking into the packed courtroom, and showed very little emotion. His hands were cuffed and he looked straight forward. Patty said that at one point, she felt that he even locked eyes with her, and as she remarked to reporters afterwards, she said she saw absolutely nothing in those eyes.

GRACE: Also with us on WEWS, Duane Pohlman, also in the courtroom today. Duane, welcome. What did you observe in the courtroom? What was the purpose of the court appearance?

DUANE POHLMAN, WEWS: Well, the purpose of the court appearance was an initial appearance. We were told it was an arraignment, but it was an initial appearance.

Let me tell you, I was right behind the mother, Patty Porter, when she was staring at Mr. Cutts. And as she stared at him, I had a view of Cutts looking at her. He would glance over, and there were several times he`d glance over her way and then look back. So when I did ask Patty Porter why she did it, she said she did want to get him to look at her and look at the family.

By the way, she was locking hands with her daughter. She was in there locking hands with her daughter, Whitney. And as she was doing that, at the end of it, when she was staring down Bobby Cutts, they both began to cry when he left that courtroom.

GRACE: That is Patty Porter we`re talking about. You met her here on the show many, many nights in her desperate search to find her 26-year-old girl, Jessie Marie Davis, Just a week away from giving birth to an unborn baby girl already named Chloe. Tonight behind bars, the biological dad of that baby girl, Bobby Cutts, Jr., and an alleged accomplice, Myisha Ferrell.

I`ve got a lot of questions about what kind of case the state has. First to Michelle in Georgia. Hi, Michelle.



UNIDENTIFIED FEMALE: My question for you this evening is, is I`m aware that Blake is not old enough to testify, as he`s a minor. So what are the chances that the police recorded his interviews with him so that they could seek the information that they found to ultimately arrest his father?

GRACE: Actually, Michelle, in most jurisdictions, there is no age limit -- for instance, you`re too young to testify or you`re too old to testify. In a lot of jurisdictions -- and Georgia used to be one of them - - for children -- and the statute said morons, children and morons -- they had to be qualified before they could testify in front of the jury. And that qualification process, I`ve done it many a time with a child, is whether you understand the difference between telling the truth and telling a lie. And then, the testimony -- if that hurdle can be passed, the testimony is for the jury to determine the weight, the admissibility not always a question.

In this jurisdiction -- out to you, Phil Trexler, with "The Akron Beacon-Journal." Do you believe -- not that I think the state would necessarily call the little boy, but is he eligible to testify?

TREXLER: Well, I`ve been covering the courts in Ohio for 16 years and never in my experience have I seen someone 2-and-a-half years old testify in court. I think the prosecutor would be hard pressed to do that. I`m not even sure that they would want to do that.

What they can do, however, and what we have seen in previous cases, are social workers who testify as to what the child has said. And we understand that Bobby -- sorry, that Blake was questioned by a social worker the morning his mother turned up missing. And what was said in that conversation we don`t know, but I`m sure that that will be played out at the trial.

GRACE: Well, the child has already been through enough trauma. He`s 2-and-a-half years old now. By the time this goes to trial, he may very well be 4-and-a-half years old. But the reality is, from what I know of the state`s case tonight -- and that may all change -- they`ve got a pretty strong case. They don`t necessarily need the little boy.

And back to Jon Leiberman with "America`s Most Wanted," joining us tonight. Jon, remember the other night, when you and Phil and I were analyzing the facts, the mom, Patty Porter, was on with us, and she was asked, Has the little boy said anything else? And she said, Yes, but I can`t comment on it. That says to me the little boy, Blake, who is also Bobby Cutts`s natural child, does know something that is probative to this case, Jon.

JON LEIBERMAN, "AMERICA`S MOST WANTED": That`s the same indication that we got from law enforcement also, was that little Blake did say other things that they explicitly told Patty not to put out into the public domain and the police didn`t want out there early.

But you mention all the evidence building up. I mean, our understanding is that Bobby and his attorney gave a lengthy interview with police on Saturday, and our sources are telling us Bobby actually led police to Jessie`s body.

GRACE: Was his lawyer with him at that time?

LEIBERMAN: We understand a lawyer was with him when he gave his statement to police.

GRACE: Let`s unleash the lawyers. Joining us, Sue Moss out of New York, Doug Burns and Richard Herman, also veteran defense attorneys in this jurisdiction. Out to Sue Moss. Weigh in.

SUSAN MOSS, FAMILY LAW ATTORNEY: Well, I`ll tell you something. Everything that`s been going on and everything that the evidence has shown has pointed to Cutts from the very beginning, so this is really no big surprise. I`m just very thankful today that the court gave custody of the child to grandma. This child has been through enough. The grandma has had de facto custody since the beginning of this case, and also his aunt, as well, has taken care of this child.

It would be just horrific to put this child through any more evil because the only thing that Bobby Cutts is going to have custody of is an orange jumpsuit that says "Prisoner," and maybe some of Paris Hilton`s self-help books. And that`s all he deserves.

GRACE: Out to Doug Burns. Doug, I would have thought -- you know, we saw this in other cases...


GRACE: ... allegedly in the Danielle Van Dam case...

BURNS: Right.

GRACE: ... the little 7-year-old girl out of California -- her neighbor kidnapped her and murdered her -- as well as the Scott Peterson case. There were allegations, there were suggestions that the lawyers bargained -- there`s Danielle Van Dam. She was identified by a Mickey Mouse earring.

BURNS: Right.

GRACE: That was all that could be identified. Of course, Scott Peterson -- nobody will ever forget that face. Long story short, the lawyers very often can bargain, We`ll tell you where the body is if you agree not to seek the death penalty. I haven`t heard a word about that in this case, Doug.

BURNS: Yes, that`s interesting because I had another take on it, too. Sometimes -- there was a case of a guy in New Hampshire who actually was claiming he didn`t do it but led them to the body. But let`s put that aside and go with your point. And I think you`re right, they may have been trying to strike some kind of bargain like that. Very good point.

GRACE: So far, I haven`t heard of any kind of bargain like that. What about it, Phil Trexler? Do you know of any kind of bargain such as that?

TREXLER: We`re not aware of any. Patty Porter, however, was asked today about the death penalty, and she said she`s going to leave that up to God. She`s not seeking vengeance. She said she`s seeking justice.

GRACE: Out to Richard Herman, another veteran trial lawyer. Richard, it was also put out there from several sources today that Cutts said, I didn`t have anything to do with her death. I came upon her body, but I thought everyone would blame me for her death, so I -- I disposed of the body. I can only pray he continues to say things like that.

RICHARD HERMAN, DEFENSE ATTORNEY: Nancy, he`s going to stop talking like that. I don`t even know if he said those kind of things. The fact that his lawyer allowed an interview and the fact that after that interview, he led them to the body, I mean, we can be very confident that there is some deal pending here, whether it`s out in the public or not.

You`re right, this is a death penalty state. This is an aggravating factor, unborn child, 9 months of age. It`s over. I mean, they`re going to seek death penalty and get it on him. And I think that`s the basis of the meetings over the weekend. That`s what led to the finding of the body. And I guarantee you that there is a deal in the works here to save him from the death penalty.

GRACE: I want to go back out to Jon Leiberman, who had an exclusive with "America`s Most Wanted" with Kelly Cutts. What did you learn?

LEIBERMAN: Well, Kelly Cutts told us -- the estranged wife -- she made it clear to us on day three of this whole thing that she thought Bobby had nothing to do with this disappearance. So she clearly -- her gut instinct was wrong. And she had been talking to Bobby all through this. She said she spoke to him at least once a day during this ordeal. So she was wrong.

The other thing I wanted to point out was we`re not going to know the cause and manner of death for some time now, but that`s going to be very important when we talk about, was this a premeditated killing or was it some sort of fit of rage? He goes there, Bobby goes to the house after he`s done at the sports bar. He`s had a few drinks. They have an argument, and then, you know, this happens. So that`s going to be very important, as well.

GRACE: Speaking of the sports bar, joining us tonight is John Shaheen. He is the owner of Champs sports bar grill and patio. This is where Cutts went following a softball game the evening we believe the murder went down in the early morning hours of Thursday. Mr. Shaheen is joining us there at the Ohio courthouse. Mr. Shaheen, thank you for being with us.


GRACE: What was observed about Cutts the night he was at your bar restaurant?

SHAHEEN: Well, he came in -- his friend came in first, about 9:15, approximately. He came in around 9:30. And they sat there for a while and just talked, like anybody else would. I think he was drinking Corona beer. And a lot of the stuff I didn`t really even notice because I saw the FBI -- the FBI and I went over the tapes together. And then he played the jukebox a couple times, and then he went out to the patio.

After being there for maybe about 45 minutes or so, a half hour, two girls came in. And I don`t know if he knew them or not, but they were sitting close by each other. And then they all went out on the patio. They were talking. And they left approximately -- according to the bartender because I wasn`t there at the time -- 12:30.

GRACE: Did they all leave together?

SHAHEEN: I was told no. In fact, his friend stayed there. He left by himself. His friend stayed a little bit later. The girls, I don`t know if they left before him or after that.

GRACE: Do we know how much alcohol Cutts consumed?

SHAHEEN: I really don`t know. And I think he had -- one of the bartenders said he had three beers with her, and he ate dinner. Then he went out on the patio. I don`t know how many he had out there. I didn`t check with the bartender. I don`t even think she remembered.

GRACE: Well, wouldn`t there be a tab?

SHAHEEN: Well, the tab was paid -- you know, you pay as you go, so it`s not like -- you know, like it`s a running tab or anything like that.

GRACE: Gotcha. With us is John Shaheen. This is the owner of Champs sports bar and grill.

I want to go to Mike Brooks, former D.C. cop, former fed with the FBI. So he`s out having some wings and some Coronas while the mom and the little 2-year-old baby is waiting for him to come pick up the baby for visitation. OK, let`s just frame it right there. But I want to go back to the theory - - do you think a deal has been cut to avoid the death penalty in exchange for him showing them where the body was?



BROOKS: Well, you know, this is a death penalty state. You`ve got a rogue cop here. You know, I mean, just the fact that he was a cop, that really just bothers the hell out of me. But this -- he`s going to -- he better help himself. But this is going to help them, along with Myisha Ferrell, who is their (ph) client associate, which we`re not hearing that she was an accessory after the fact of this alleged homicide. Apparently, only obstructing justice. I don`t want to say only obstructing justice, but apparently giving false information.

A lot of people on Saturday, as this was breaking, was thinking that she had actually gone over to the house and assisted him in removing the body. But apparently, that would have made her an accessory after the fact, Nancy, if I`m not mistaken. But she`s charged with obstructing justice.

But I guarantee you a deal is in the works with him to probably plead because he went ahead and led them to the body, from what sources are telling us.

GRACE: I don`t see it. This is a double homicide. Sue Moss, in this jurisdiction, like many other jurisdictions, by the time a baby is viable, in other words, can live outside the womb, that qualifies as a murder in itself, the murder of baby Chloe. This is a double murder. I cannot believe the prosecution would deal away the right to seek the death penalty.

MOSS: This is such a public case that if there is some type of substantial deal that has been inked or is in the works, there will be public outrage. The entire world is watching Ohio and what is happening. And if there is some sort of sweetheart deal to an inside police agent, there will be -- there will be heck to pay.

GRACE: To Dr. Michael Hunter, medical examiner, joining us out of Plantation, Florida, an expert in his field. Dr. Hunter, why is it taking so long to determine the cause of death? And I -- it`s hard for me to reconcile these beautiful pictures of this young expectant mother with the fact that I know the body was so badly decomposed. How did that happen in such a short space of time?

DR. MICHAEL HUNTER, MEDICAL EXAMINER: Well, one thing that`s curious about the delay is it makes you wonder exactly what`s occurred to the body. First of all, decomposition really does hamper the medical examiner doing his examination. It certainly breaks down tissue.

GRACE: Dr. Hunter -- Dr. Hunter, you`ve seen as many cases like this as I have.


GRACE: Wouldn`t you say that it`s got to be a manual or a ligature strangulation or a beating?

HUNTER: Yes, you know, at this point, you know, penetrating injuries such as stab wounds, gunshot wounds, that should be very obvious. If someone`s been beaten to death, you really should still be able to identify those types of injuries. So I agree. I think when you can rule those out, the question mark is really strangulation. And because of the findings we see with strangulation, sometimes it`s very difficult to define it in decomposed bodies.



UNIDENTIFIED MALE: We recovered the body of what who we believe to be is Jessie Marie Davis in Summit County, Ohio.



TODD PORTER, "CANTON REPOSITORY": Bobby, did you have anything at all to do with the disappearance of Jessie?



UNIDENTIFIED MALE: Mr. Cutts has been charge with two counts of murder, which is the murder of Jessie Davis and also her unborn child.


GRACE: This weekend`s discovery of Jessie, 26-year-old Jessie, was an incredible disappointment, a huge blow to Jessie`s family -- just a week away from giving birth to unborn baby girl Chloe.

Out to the lines. Olivia in Colorado. Hi, Olivia.


GRACE: What`s your question, dear?

UNIDENTIFIED FEMALE: I`m wondering if the discovery of Jessie and Chloe in a national park might lead to any federal charges in this case.

GRACE: What a great question. What about it, Richard Herman?

HERMAN: This is a state crime. This is not federal. It`s going to be prosecuted in the state, and that`s how it`s going to go.

GRACE: OK. Just go out on a limb, Doug Burns, since Richard Herman rejected it so quickly. I think it`s called something like knee-jerk. Doug, is it possible -- would it be possible, since it`s on national land?

BURNS: I can do more than go out on a limb because there is the Unborn Victims of Violence Act, which came out of the Laci Peterson case. It was interesting because when I looked at it quickly, it requires a federal crime. So this caller`s question is brilliant, actually, because if it`s on federal property, it might lead to it. It`s possible.

GRACE: Dueling legal minds, Burns versus Herman.

To Dr. Robi Ludwig. Why is it that bodies are often hidden by people familiar with the victim? If it`s random, they just leave the body out in the open.

ROBI LUDWIG, PSYCHOTHERAPIST: Well, I think very often, when it comes to a domestic homicide, it`s not always planned and deliberate. It comes out of almost like road rage type of rage. And so the hiding of the body is almost to get away with it, and in a way, to undo it. If you hide the body, you can almost talk yourself out of it -- Hey, maybe this really didn`t happen. So I think the desire is to save oneself. That`s why they murder the partner in the first place. They feel like a victim. And that`s why they hide the body after the fact, to protect themselves. And it usually doesn`t work.



PORTER: I believe my whole life has prepared me for this moment, and I`m not sitting down when I see Bobby Cutts.

I just wanted him to see us, to know what he has done to our family.

I don`t know if there are even words to express the heartache. It`s just an unbearable loss.


GRACE: That is the mom of 26-year-old Jessie Davis, and stand up she did in court today, staring down the man accused of killing her daughter and unborn granddaughter.

Out to the lines. Sandy in Georgia. Hi, Sandy.

UNIDENTIFIED FEMALE: Hi. Yes. My question is, what relationship did he have with his accomplice? It seems a little strange that he would go to someone...

GRACE: Excellent question. What was their relationship, Jon Leiberman?

LEIBERMAN: They`re saying that they were just friends from high school. They graduated together. But we`re hearing they were actually much closer than that. It`s unclear if they were having some sort of intimate relationship, but we do know...

GRACE: You mean another woman?


GRACE: For Cutts?


GRACE: Good God in heaven!

LEIBERMAN: Nancy, make no mistake about it. We are hearing this guy had other relationships, as well.


DISPATCHER: Can I help you?

PATTY PORTER, MOTHER OF JESSIE DAVIS: Yes, we need -- we need help at 8686 Essex.

DISPATCHER: 8686, what street?

PORTER: Essex.

DISPATCHER: What`s the problem?

PORTER: My daughter`s gone.

UNIDENTIFIED MALE: Bobby, did you have anything at all to do with the disappearance of Jessie?


UNIDENTIFIED MALE: Bobby, what have the last five days been like for you?

CUTTS: The past five days have been like a nightmare. I can`t sleep. I can`t eat. It`s just been Hell.

UNIDENTIFIED FEMALE: I think everybody knows what happened here. Everybody knows who`s guilty, yes.

UNIDENTIFIED FEMALE: We do not want vengeance. We want justice.

DISPATCHER: Does the house look like it`s messed up or like she just walked away?

PORTER: Everything`s just everywhere. She would never walk away.

DISPATCHER: OK, say that again. I need you to slow down.

PORTER: I don`t know. There`s stuff everywhere. Her purse is dumped out.


PORTER: Oh, I can probably get that.

DISPATCHER: OK. This is your grandson?

PORTER: Yes. He`s...

DISPATCHER: OK. What is his name?

PORTER: Blake. His dad works for the Canton Police Department.

DISPATCHER: OK. What`s his dad`s name?

PORTER: Bobby Cutts.

DISPATCHER: Bobby what?

PORTER: Cutts, C-U-T-T-S.

DISPATCHER: OK, you haven`t made contact with him yet?

PORTER: No, my other daughter is trying to get a hold of him.

DISPATCHER: OK. Stay on the line with me. Do you know if he`s on duty today?

PORTER: I have no idea. He had him yesterday, and he was supposed to drop him off last night.


GRACE: The case came to a devastating close over the weekend. The remains of 26-year-old Jessie Marie Davis and her unborn baby girl, Chloe, were found in a national forest. Behind bars tonight, the biological father of not only the unborn child, but her 2-year-old toddler, Blake, and his alleged accomplice.

I want to go out to a special guest joining us, Justin Lindstrom . This is the accomplice, Myisha Ferrell`s, neighbor who was there when police broke down the door to search the home. Welcome, Mr. Lindstrom. Thank you for being with us.


GRACE: What did you observe when police conducted their search?

LINDSTROM: Well, pretty much the entire thing. I saw them show up, you know, actually serve the search warrant. And then, you know, I was there. They were inside about two hours. Other than that, I just was able to watch from the outside like everyone else.

GRACE: How did they get in?

LINDSTROM: They went through the front door with a battering ram.

GRACE: Describe what happened.

LINDSTROM: Coming down the stairs, you can hear them beating on the door saying, "Search warrant," you know. And I opened the door. I told them that I had keys, and they used the battering ram and went through. They actually looked at me and says, "I used my key."

GRACE: Mr. Lindstrom, do you have any idea what they were searching for?

LINDSTROM: I do not. I don`t know what they were looking for. I know they...

GRACE: Didn`t they find a comforter, but it turned out to be your comforter?

LINDSTROM: Yes, that`s true. They had asked me to show them the basement and asked me whether or not those things were mine after I had already told them what was hers and what was mine.

GRACE: They also took some bleach?

LINDSTROM: Yes, they carried a couple of bottles of bleach up out of the basement. My wife had thought they were hers, but mine were still there.

GRACE: Mr. Lindstrom -- with us is Justin Lindstrom, this is the alleged accomplice`s neighbor -- what can you tell us about Myisha Ferrell?

LINDSTROM: She liked to have loud nights every night. Aside from that, you know, we didn`t really socialize often. So, you know, I don`t know too many of the personal details about her.

GRACE: What do you mean loud nights every night?

LINDSTROM: She liked to have the music on until, you know, 4:00 or 5:00 in the morning, nightly, regardless of the fact that I had tried to explain to her I have children who were sleeping. You know, those things just didn`t matter.

GRACE: Have you ever seen Cutts at her apartment before?

LINDSTROM: No, not to my knowledge.

GRACE: Does she have a job?

LINDSTROM: Yes, she worked at Denny`s here in town.

GRACE: Well, I don`t know how you can hold down a job and have late- night parties at your house every night.

LINDSTROM: I know she worked nights, so I`m sure that had something to do with it.

GRACE: Is it true that she was evicted?

LINDSTROM: Yes, actually that was carried out this morning. The eviction had already gone through for non-payment of rent about a month ago, and it was just scheduled for the bailiff with the appointment this morning.

GRACE: And, Mr. Lindstrom, did you get to speak to the agents before or during their search? Did they mention anything they were looking for in her apartment?

LINDSTROM: No, they did not.

GRACE: Out to Mike Brooks, former D.C. cop, former fed with the FBI. What do you make of this search of this woman`s house and the revelation by Leiberman that there was a romantic relationship between Cutts and Myisha Ferrell, the accomplice?

MIKE BROOKS, FORMER D.C. POLICE: Well, the FBI used the master key, Nancy. That`s what you call the battering ram. And I have no problem with that at all.

And what they were looking for in the house, they probably were look for a number of different things. I`m hearing that they took out a number of different bags, and those are evidence bags that the FBI evidence response team would use on a normal basis, so they found something of some interest there, along with the bleach that they will take back and compare it to the puddle of bleach that we`re hearing about that was in the Davis home when she was found. So they can compare that to see if maybe she had given him some of the bleach she used there at the house when it happened.

But, you know, this is still early on. There are still a lot of things that they`re trying to do right now, Nancy. And there could be some other searches as this case develops and as she gives them additional information. I`m sure she`s not holding back information anymore, and as Bobby Cutts has his come to Jesus with himself and decides to go ahead and cooperate with law enforcement.

GRACE: Let`s break it down, Richard Herman and Doug Burns, Sue Moss, the reality is, with her behind bars, how fast do you think she`s going to roll over, Sue Moss, and tell them everything Bobby Cutts said and did?

SUSAN MOSS, FAMILY LAW ATTORNEY: I`m surprised she hasn`t done it already. And I`m not so sure that isn`t what, in fact, has happened. She`s not going down for this guy, and I think she`s going to talk. This guy had two children while married to a third person. Honesty and trustworthy isn`t this guy`s strong suit, and I don`t see this woman standing up for this man.

GRACE: Hey, Sue, Sue, have you seen Cutts` alleged dating Web site?

MOSS: Right.

GRACE: The first picture -- and it says, "Do you want any children?" And he says no. Hello? You already have children by three different women. I think it`s a little late to say "no," you don`t want children.

Now, there`s an outside chance that someone else created this. Maybe he didn`t do it himself. But I`d like to find out how they got this picture of him, Richard Herman, wearing nothing but a towel. And then, right below, that -- I don`t think it`s funny.


GRACE: And then right below that, there he is in his police uniform.

HERMAN: Are you asking me how they got that picture, Nancy? Is that really what you`re asking me?

GRACE: No, I`m saying to me, this goes to motive. He says, in this dating Web site, if this is truly his, "I don`t want children. I don`t want children." And all this rigmarole we heard someone mention earlier about how it`s not premeditated murder if you get angry and kill, that is incorrect. The intent to kill can be formed in an instant, in the blinking of an eye. It does not have to be a long, drawn-out plan, such as a protracted poisoning or a murder for hire. Murder by that type of premeditation happens every day in this country. That is a murder one, Herman.

HERMAN: It is, Nancy, Ms. Nancy Grace, however, on these Web sites people put a lot of information, and 90 percent of it is false. So I don`t know the true veracity of this.

GRACE: Oh, really? Really?

HERMAN: Absolutely.

GRACE: What part of this, Dr. Robi Ludwig, do you think is false? It says the city. It says he`s a Taurus. It says he`s 6 feet, true, 30-year- old African-American, black hair, Baptist, doesn`t want children.


GRACE: I mean, everything -- profession, law enforcement.

LUDWIG: But you forgot the best part, looking for someone to light my fire. And I think this speaks to who this guy is. And very often, when you see pregnancy killers, men who kill their pregnant wives, they feel that the pregnancy will interfere with their hedonistic freedom. They want to have fun; they want to have a good time. And so I think what`s on this Web site is actually true. This is who he really is. And the fact that he had kids was just a byproduct of him having an active sex life.

GRACE: And, Doug Burns, don`t tell me if this is not his Web site, this can`t come into trial to show his true motives, his true intent, when they paint him out to be a good father.

DOUG BURNS, DEFENSE ATTORNEY: Well, I have no idea. But I want to get back to one other thing, and that is that somebody made the point that, with this accomplice, it`s going to depend if she`s an accessory after the fact or obstruction of justice. If they have her as an accessory, they`ll be able to put a lot more pressure on her to cooperate, and that will be a lot more effective. If it`s just obstruction, it will be harder. But I think she`s going to be a key to unraveling the mystery.

GRACE: To Duane Pohlman with WEWS, reporter, he`s at the courthouse right now, he was in court today, how did it unfold over the weekend? Explain to the viewers.

DUANE POHLMAN, REPORTER, WEWS: Well, it unfolded very fast, just like the whole case has. All of a sudden, we`re hearing that they did discover the body, the body out in the Cuyahoga Valley National Forest, near an amphitheater. Next thing we know, they`re searching, and they find the body, and they announce that we`re having Mr. Cutts in jail. So we`ll continue that.




UNIDENTIFIED FEMALE: Did you want Bobby to see you?

PORTER: Absolutely, I wanted him to see me.

UNIDENTIFIED FEMALE: And did he look at you?

PORTER: Yes, he did. I believe my whole life has prepared me for this moment, and I`m not sitting down when I see Bobby Cutts.

UNIDENTIFIED MALE: What did you see in his eyes?

PORTER: Nothing, absolutely nothing.

DISPATCHER: Can I help you?

PORTER: Yes, we need -- we need help at 8686 Essex.

DISPATCHER: 8686, what street?

PORTER: Essex.

DISPATCHER: What`s the problem?

PORTER: My daughter`s gone. She`s due in two weeks, and my grandson`s here alone, and this whole house has been ransacked.


GRACE: You`re hearing the voice of Jessie`s mother, Patty Porter. She went over to discover her 2-year-old little grandson wandering alone in the home, dirty diapers, hadn`t eaten or drinking in what she thought was days, her daughter missing. Her daughter`s remains found this weekend in a national forest, still carrying her unborn baby girl, baby Chloe. She was to give birth on July 3rd.

Out to Diane in Illinois, hi, Diane.

CALLER: Hi, dear friend. How are you?

GRACE: I`m good. I`m just -- had hoped to a different resolution in this.

CALLER: I know, me, too. I just don`t understand the law, I suppose. But how and why is bail even available to a murderer and someone who`s committed a murder or an accomplice to a murder, especially that he confessed? I just don`t understand the bail deal.

GRACE: Sue Moss, explain.

MOSS: First of all, certainly, he is not guilty until either he admits to the crime or he is proven guilty by a group of a jury of his peers. It is a sufficiently high amount that this guy is not going to see the light of day ever.

GRACE: And the reality is that, under our Constitution, you have a right to apply for bail, whether it`s set or not. You can see what this judge did. He wanted to give him the constitutional right to seek bail, but not enough that he would actually make bail, so he made it at $5 million. I agree with you.

Out to Gloria in South Carolina. Hi, Gloria.

CALLER: Hi, friend.

GRACE: Hi, love. What`s your question?

CALLER: I was wondering if, by some chance, that he did make bail, would the authorities consider him to be a flight risk?

GRACE: What about it, Doug Burns?

BURNS: That`s the whole analysis of bail in the first place. Are you a risk of flight? And that`s why they set it so high. As Susan pointed out, in a murder case, you have to set a really high bail because you think the guy may take off.

GRACE: And to you, Mike Brooks, what about the $5 mil bail?

BROOKS: I`ll tell you what, Nancy. He`s not going to make the $5 million. He`s a cop. You know, he doesn`t make that much money, and he probably doesn`t own that much property. So he`s not going to make bail.

And, secondly, you know, if they think he`s a flight risk and he did happen to make bail, they`re going to go ahead and take his passport, and I guarantee you they would keep him under surveillance and make sure he didn`t go anywhere.

GRACE: To Sherry in Ohio, hi, Sherry.

CALLER: Hi, with Bobby and Myisha knowingly leaving that little boy in the house to die, couldn`t they be charged with attempted murder?

GRACE: At least, at least, Sherry, a child endangerment, at least. That`s something I don`t understand. Back out to you, Phil Trexler. These are the initial charges; this has not gone to grand jury yet, correct?

PHIL TREXLER, REPORTER: That`s correct, Nancy. We`ve talked to the lawyers today. And it`s my understanding that they`re waiting the final autopsy results before presenting it to the grand jury. That`s expected. And, also, the prosecutor has said last week that, once it is presented to the grand jury, he expects enhanced charges, probably for both of them.

GRACE: And to Duane Pohlman there in Canton at the courthouse, do we know for a fact, do we know for a fact that he confessed and/or led police to the body? Do we know that for sure?

POHLMAN: We don`t. We don`t know what he said to police. Police have been closely guarded on the whole thing. We`re just hearing bits and pieces from what would be hearsay in court, but it`s once-removed. We hear that there was a confession. Obviously, the body was found in a location that was far enough away that you believe that police were led to the body. But, no, we don`t know for sure if there was a confession.

GRACE: And to Jon Leiberman with "America`s Most Wanted," Jon, there`s two ways to go, well, really, three, but most typically, a preliminary hearing where the state puts out some of its evidence. We saw that in, for instance, the O.J. Simpson trial, and a judge binds it over to the correct court, a felony court or there`s the grand jury. Are we pretty certain they`re going with the grand jury?

JON LEIBERMAN, CORRESPONDENT, "AMERICA`S MOST WANTED": No, I don`t think that`s a foregone conclusion at all. I mean, preliminary hearing set for Monday. The grand jury has been talked about, but I don`t think that`s a foregone conclusion at all, really.

GRACE: I`ve got another question, and I want to go out to Phil Trexler with the "Akron Beacon Journal." How did investigators determine Jessie was killed in the home?

TREXLER: I guess you would have the base that on the facts as they know it and perhaps what Bobby has supposedly told them. The fact is, I think...

GRACE: And we know there was a struggle there, Phil, because the table was broken.

TREXLER: Obviously there`s a lot of signs there, and obviously there`s some things that Blake has said that I think we don`t know.

GRACE: And another thing, Phil Trexler -- Phil is joining us from the "Akron Beacon Journal" -- is if the baby said, "Mommy`s in the rug," he was talking about the comforter off the bed. If she left in the comforter, I guarantee you she was either knocked out or dead at that time.

TREXLER: Exactly. He also said -- and we reported over the weekend on -- that he said, "Mommy was put on couch, and Mommy go to sleep."

GRACE: Oh, oh, oh.

Also, to Dr. Robi Ludwig, we have been told tonight that they gave little Blake an old cell phone, and he keeps calling his mom in Heaven trying to talk to her.

LUDWIG: And this just shows that this is this little boy`s way of resolving the loss. And when, you know, little children who are two, they don`t really have a sense of death. It`s not real; it`s not permanent to them. So I think it`s very healthy that he`s trying to process it in his own way. And that`s why I think you can see why therapists use play therapy as a way to help children, you know, grieve, and to process death, and to come to terms with trauma.

GRACE: You know, you`ve got the little boy, Blake, who is two. You`ve got the sisters. You`ve got the mother, Patty Porter, who`s been so strong in court today.

Back out to Dr. Michael Hunter, medical examiner. Dr. Hunter, if he is given a confession, we don`t necessarily need a cause of death for a murder trial.

DR. MICHAEL HUNTER, FORENSIC PATHOLOGIST: Oh, absolutely. You don`t need, you know, that specific cause of death. And, oftentimes, when you have cases where, say, someone`s been decomposing for a much longer period of time where they`re partially skeletonized, you oftentimes do not determine what that cause of death is. But what are the circumstances around finding that body? What occurred to that body? What are you hearing about the events leading to the finding? And those are things that can be used to establish cause.



PORTER: We`re trying to get her boyfriend on the phone, because he had to have dropped the baby off yesterday, because he had him.

DISPATCHER: OK. Dropped what baby off?

PORTER: There`s a 2-year-old. He`s been here -- he`s by himself, and my daughter`s gone.


GRACE: Very quickly to Phil Trexler with the "Akron Beacon Journal," two things very quickly. One, do we know whether Jessie was buried? I know that she was greatly decomposed. And, number two, from what you can tell, what is the alleged participation of Myisha Ferrell, the alleged accomplice?

TREXLER: Well, the alleged participation of Myisha is that she falsely gave information to police that kind of thwarted their investigation. There are allegations out there that somebody helped Bobby move the body, and that`s yet to be heard. And, in terms of the grave site out there at the national park, it`s been reported as a shallow grave, but my observations are that it`s not. And then, of course, officials aren`t saying anything about anything really.

GRACE: And 10 seconds, Mike Brooks, will she roll over?

BROOKS: You know what? I think she will. You know, she doesn`t have anything at all. She will roll over, Nancy.

GRACE: Let`s stop to remember tonight Army Private First Class Matthew Bean, 22, Pembroke, Massachusetts, killed, Iraq. A landscaper who studied at University of Massachusetts Stockbridge School of Agriculture, also a certified EMT, loved softball, judo, outdoors, snowboarding, fishing, and working with his church youth group. He was awarded the Purple Heart and Bronze Star. Bean leaves behind parents, Dana and Mary, brothers, Timothy, Adam, sisters, Molly Brennen. Matthew Bean, American hero.

Thank you to our guests, but most of all to you. And tonight, our prayers to Jessie`s family. Good night, friend.