Davis murder trial: closing arguments to begin in the morning

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Wendy Sack

CULLMAN – The testimony phase of the Emmett Leroy Davis murder trial concluded this afternoon, after almost four full days of witnesses. Closing arguments will begin tomorrow morning.

Today was all about the defense, as the prosecution rested its case against Davis, 57, of Arab at the end of the day yesterday. 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.

After four morning witnesses, the defense brought out its expert in the afternoon. Dr. Adel Shaker, a forensic pathologist, took the stand and defense attorney Greg Johnson made quick work of attempting to use Shaker to cast doubt on the prosecution's expert, Senior State Medical Examiner Dr. Stephen Boudreau, who testified on Wednesday.

The main point of contention, according to Shaker, is that Mayo's autopsy was only external, relying on an external examination along with Mayo's medical records. Shaker said, "It was external an examination of the deceased, not an autopsy."

When it was time for cross-examination, Cullman County Assistant District Attorney Jeff Roberts was ready to strike, immediately attacking Shaker's statements that an internal autopsy might have revealed something that would have changed the ruling on Mayo's official cause of death. Shaker stated in his final report that because there was no internal autopsy, "there is no way to know if the victim suffered from Alzheimer's Disease or a seizure disorder, which may have contributed to her demise."

The men went back and forth and were forcefully reprimanded by Judge Martha Williams.

In the end, Shaker testified that he, Boudreau and the medical examiner who actually performed the autopsy, Dr. Emily Ward, all reached the same conclusion. Mayo's death was the result of post-operative complications that occurred as a result of her attack.

After the defense rested, the state called one rebuttal witness, James Marty, who was a neighbor of Mayo.

Johnson again moved for an acquittal of all charges against Davis, a request that was immediately denied, as it was yesterday.

Court was recessed at approximately 2 p.m.

Closing arguments are set to begin in the morning at 9 a.m.