Davis murder trial: two charges dismissed as prosecution rests

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Wendy Sack

CULLMAN – The prosecution rested its case late today against accused murderer Emmett Leroy Davis, 57, of Arab. Immediately afterward, the defense made a motion for an acquittal, which was promptly denied. Judge Martha Williams did approve the dismissal of two charges. Counts two and three of the indictment against Davis, first-degree burglary and first-degree assault, were dismissed. Davis now faces the two remaining charges of felony murder and first-degree robbery.

Davis is accused of murder in the death of Helen June Mayo, 87 who was allegedly violently attacked in her Cullman home in Dec. 2012. Mayo died of her injuries in Jan. 2013 at UAB Hospital.

The day was full of testimony about forensics and DNA analysis and included expert testimony from members of the Alabama Department of Forensic Sciences (ADFS), including Senior State Medical Examiner Dr. Stephen Boudreau, who testified about Mayo's autopsy findings.

Defense Attorney Greg Johnson at one point objected to Boudreau's testimony because Boudreau's credentials are from Canada and he is not a diplomat of the American Board of Pathology; however, Williams quickly overruled him, saying that Boudreau is employed by the State of Alabama, who accepts his credentials. After more back and forth between Johnson and Cullman County Assistant District Attorney Jeff Roberts, Williams stated, "I accept him as an expert witness in this court."

Today's testimony was slow-going, as Johnson challenged each witness on almost every point, especially about the DNA results of the blood found in Mayo's home and on a pistol in Davis' home, which, according to the prosecution's witness, showed blood from both Davis and Mayo in Mayo's home and Mayo's blood on a pistol that was recovered from Davis' home.

The defense began its case late this afternoon, calling Cullman City Police Lt. Jody Martin back to the stand. Martin testified extensively for the prosecution yesterday.

Johnson then said that he had no further witnesses prepared for today, so court recessed at approximately 4:40 p.m.

The trial will resume on Thursday morning at 8:45 a.m.