By MYRA THRIFT Staff Writer
After being told the judge would study the case and render a decision on bond at a later time, Wilson left the courtroom weeping as several of her family members remained seated in the courtroom.
The baby died Sunday, Feb. 12. Georgia Bureau of Investigation officials have said she died of blunt force trauma.
Wilson is expecting another child and is due to deliver around April 26. She arrived at court wearing pink jail clothing, her light red hair tied up on top of her head.
Both Wilson and Cutshall were wearing leg irons and belly chains.
GBI agent Niklaus Antczak testified that the baby had numerous internal injuries including a lacerated kidney and pancreas, with more internal injuries that he did not specify.
Antczak said Cutshall’s version of the events that day are that he knew nothing about what happened.
Wilson has no previous criminal history but prosecutors believe she may intimidate witnesses.
Her attorney, William Johnson, asked the judge to set bond for her, given the fact she is expecting a baby in a matter of days.
Wilson’s grandmother, Stella Wilson, testified on behalf of her granddaughter, saying she lives very close to Marley’s home and that she has not committed any previous crimes.
She promised to work hard to make sure Wilson gets to court and has no contact with her co-defendant in the case.
“Are you aware that Cutshall lived there?” Johnson asked the grandmother.
“Yes,” she answered.
“Are you opposed to that?” the attorney asked.
“Yes,” the grandmother answered.
The prosecuting attorney asked Wilson if she goes to school? Does she have a GED? She answered “no” to both questions.
“What does she do just sit about?” the ADA asked.
“If you saw her meet Cutshall would you report it?” Johnson asked of the grandmother.
“Yes,” the grandmother said.
Wilson has been in jail since the day after the baby’s funeral when she was taken into custody.
Public defender Clay Culp, representing Cutshall, asked his client if given bond would he show up for future court dates.
“Yes, sir,” Cutshall said.
He said he worked two to three months at a stretch. He testified he was living with Wilson at her home at the time of the baby’s death.
Culp told the judge that Cutshall was willing to agree to any stipulations, drug testing or whatever.
“This case will proceed to trial,” Culp said. “It does not make sense to hold both of them. This is an unusual situation.”
Johnson argued that Wilson is only 18 with no criminal history and several family members were present in support, all of whom live nearby.
“She is about ready to have a baby. She needs to be out to deal with that. There is no evidence that she is a flight risk or that she is a threat to any person or any witness,” Johnson said. “She is entitled to reasonable bond. She is willing to submit to home confinement.”
Culp noted that there are two people involved and nobody knows who did what.
“Nobody shot anybody. This case hinges on the autopsy,” said Culp.
The prosecuting attorney told the judge that the DA’s Office is “… adamantly opposed to any bond. An innocent 16-month-old baby died. I don’t know if they protect each other but we believe they are a flight risk, a significant risk to intimidate or do anything to prevent spending the rest of their lives in prison. We oppose bond. I hope we can get to trial quickly.”
After hearing from both sides, Judge Kight said he will “… take the case under advisement. These are very serious charges.”
He did not give any time frame for rendering a decision on bond.
Cutshall, who was seated at the end of the defense table, was escorted out the door behind the judge’s seat.
Wilson, who was seated at the center of the table, was tapped on the shoulder by Deputy Craig Pittman. She stood, turned around and slowly walked out the other end of the courtroom, weeping as she made her way past her family and friends.