Joshua Fulbright takes the stand in his trial for murder

Yahoo

05-03-2025

MONTAGUE COUNTY (KFDX/KJTL) — A man accused of abusing a 2-year-old girl to the point of her hospitalization and ultimate death in October 2018 took the witness stand in his own defense on Tuesday afternoon.
Joshua Thomas Fulbright is charged with the murder of 2-year-old Scarlette Olivia Newsom after she was admitted to the Clay County Hospital on Oct. 15, 2018. After she was transferred to Cook Children's Hospital, the child died four days later, on Oct. 19, when she was taken off of life support.
PREVIOUS STORY: Olivia Newsom's mom, grandma take the stand in Fulbright's trial
A Montague County jury of four men and eight women was seated on Monday night, Feb. 24. Testimony began on Tuesday, Feb. 25, in Fulbright's trial. A recap of testimony in Fulbright's trial can be found below:
Day 1 — Testimony begins in third retrial of Joshua FulbrightDay 3 — Texas Ranger, attending pediatrician from Cook Children's testify
Day 4 (Morning) — State temporarily rests its case in Fulbright's trial
Day 4 (Afternoon) — First witnesses take the stand in Fulbright's defense
Day 5 (Morning) — State rests after calling final witness in Fulbright trial
Day 5 (Afternoon) — Defense calls more witnesses in Fulbright's trialTestimony resumed on Tuesday, March 4, 2025, at 1 p.m. in the 97th Judicial District Courtroom in the Montague County Courthouse, with Judge Trish Coleman Byars presiding.
Jessica Dunning, the former housemate of Fulbright and his then-girlfriend, Sarah Newsom, who testified before the jury was dismissed for lunch, returned to the stand to be cross-examined by the prosecution.
During cross-examination by lead prosecutor Katie Boggeman, Dunning testified there was a heavy amount of tension in the home in the days and weeks leading up to the death of Olivia Newsom. She testified that she and her husband were fighting with Fulbright and Newsom.
READ MORE: Fulbright's defense calls more witnesses in murder trial
Dunning testified that allegations were made against her husband that she called a 'bald-faced lie.' She testified that there were also accusations made that she and Fulbright had something going on that was more than friendship, which she claimed were not true.
Dunning testified that at a point, her husband had brought up the subject of moving out of the home to Fulbright and Newsom due to the tension that had arisen and the allegations of intermingling of relationships.
Facebook messages exchanged between Dunning and Newsom were admitted into evidence. Dunning testified that she and Fulbright are friends. Boggeman asked Dunning if she's a loyal friend to Fulbright.
'I'd have to be to sit through all of this for six years,' Dunning testified.
Boggeman then reviewed statements from a phone call from Fulbright while he was in jail. Dunning testified she didn't recall the exact things that were said during that phone call.
READ MORE: State rests after calling final witness in Fulbright's trial
Dunning testified that Fulbright's never been anything but a straight shooter with her. She testified that she'd like to believe Fulbright didn't do what he's accused of doing.
Lauren Allen, co-counsel for Fulbright with defense attorney Mark Barber, then questioned Dunning regarding the fighting prior to the child's death. She again testified the tension in the home stemmed from Sarah Newsom accusing Dunning's husband of acting inappropriately towards her.
Dunning testified that when Olivia Newsom got sick, her mother didn't seem to care. She testified that she might have heard Sarah Newsom call her child names, including 'spawn of Satan.'
Dunning was released from the witness stand just before 1:30 p.m. on Tuesday, March 4.
Mark Barber, Fulbright's lead defense attorney, then called Dr. David Sabine to the witness stand. Dr. Sabine, a clinical psychologist based in Wichita Falls, spent about an hour on the stand on Friday, Feb. 28, outside of the jury's presence.
READ MORE: First witnesses testify in Joshua Fulbright's defense
Dr. Sabine testified that if he were to conduct a psychological evaluation on an individual, he'd first investigate their history to determine if any other psychological testing or diagnoses existed. He testified he'd then use a battery of tests and analyze how an individual responds to that testing to determine if a diagnosis is appropriate to guide treatment.
Dr. Sabine testified that an individual's personality is their style of interacting with the world. He testified that personality disorders are disorders of personality style that may affect a person's relationships in a negative way.
Dr. Sabine testified that a person with avoidant personality disorder would likely avoid certain social situations, like parties, or who may call into work often, that they would likely have a low self-esteem, and they fear rejection and ridicule. He testified that because of that, a person with avoidant personality disorder may not go into new social situations.
Dr. Sabine testified that a person with dependent personality disorder would likely feel like they may not feel like they're able to make it on their own, that they might often ask if everything is okay, and they have a fear of conflict.
Dr. Sabine testified that he evaluated Fulbright earlier in February 2025. He testified that based on his evaluation, Fulbright had signs of both avoidant personality disorder and dependent personality disorder.
READ MORE: State temporarily rests after penultimate witness in Fulbright's trial
On cross-examination, Boggeman questioned Dr. Sabine about how he came to his findings regarding Fulbright. Dr. Sabine testified that all of Fulbright's history was gathered from Fulbright self-reporting it.
Dr. Sabine was released from the witness stand at around 1:45 p.m. The jury was then escorted from the courtroom. Barber called the defendant, Joshua Fulbright, to the stand to admonish him regarding his Fifth Amendment right not to testify against himself.
Fulbright indicated that he did wish to testify. At around 2 p.m., the jury was brought back into the courtroom, and the defense called Fulbright to the stand.
Fulbright testified that he and Newsom began dating very quickly after initially meeting and getting to know each other. He testified Newsom moved in with him at the Dunning's residence around June 2018. He testified he knew Newsom had a daughter when they began living together.
Fulbright testified that Newsom told her that her daughter wasn't with her most of her life and she wanted to pursue her relationship with Fulbright. He testified Newsom wanted her daughter, Olivia Newsom, to move in with them, and Fulbright was on board.
READ MORE: Texas Ranger, Cook Children's doctor take stand in Fulbright's trial
Fulbright testified that initially, he wanted to clear out the third bedroom in the Dunning's home for Olivia Newsom to stay in. He testified that the idea was quickly shot down, so they cleared out the closet for the child to sleep in.
Fulbright testified that Sarah Newsom began disciplining her daughter in front of Fulbright within two weeks of the child moving in with them. He testified he first saw Newsom spanking the child with her hand on the backside but it eventually progressed to something else.
Fulbright testified that Newsom began using a belt about two weeks later, and she didn't care if she missed the child's bottom or not. He testified that the spankings were hard, especially for a 2-year-old. He testified it was a source of conflict between himself and Newsom.
'Eventually, it was more of a rage fit than discipline,' Fulbright testified.
Fulbright testified that he attempted to step in and intervene when Newsom would strike the child, but when he did, Newsom instead would yell at him, throw things at him, and hit him. He testified that he tried to end the relationship.
Fulbright testified that Newsom's 'mood switches' became too much. He testified that he packed her stuff for her multiple times. He testified that 'anything could flip her mood.'
READ MORE: Mother takes the stand in toddler's murder retrial
Fulbright testified that during several points in his relationship with Newsom, he saw her present what seemed like multiple personalities. He testified that at times, she would act like a child and want Fulbright to interact with her as if she was a child.
Fulbright testified that in one instance, the child got fingernail polish on the wall. He testified that Newsom grabbed the child by the arm, holding her up so she couldn't run away and striking her with both an open and closed fist.
Fulbright testified that on the night before Olivia Newsom was admitted to Clay County Hospital, he was awoken to screaming. He testified that he saw Sarah Newsom on top of her daughter and hitting her in the face. He testified that he told her to stop and he consoled the child. He testified he should've done more to prevent the abuse.
'I think about it every day,' Fulbright testified.
Fulbright testified that Newsom 'really hated' her daughter, and that at a point, she wanted to sign her parental rights away to her mother, Brenda Thomas, who testified earlier in the day.
Fulbright testified that he lied when he said he hit the child. He testified that his primary concern was staying in a relationship with Sarah Newsom at that point. He testified that now, six years later, he realizes 'that's kinda crazy.'
After about an hour of testimony, Fulbright's defense team passed the witness to the prosecution for cross-examination. 97th Judicial District Attorney Katie Boggeman began questioning Fulbright just before 3 p.m. on Tuesday.
READ MORE: Testimony begins in third retrial of Joshua Fulbright
Boggeman asked Fulbright if he remembered asking Newsom to send him videos of herself to ensure she wasn't cheating on him. Fulbright testified he didn't remember that and asked Boggeman if she would show him.
Boggeman asked Fulbright if his attorneys went over the 'thousands of pages of Facebook records in this case.' Fulbright testified they went over 'very few.' Boggeman then reviewed a number of Facebook messages with Fulbright.
Fulbright admitted on the stand that he slapped Olivia Newsom on multiple occasions. Then, Fulbright said he made up his entire statement to law enforcement in an effort to keep Sarah Newsom out of jail.
At times during cross-examination, Boggeman and Fulbright appeared to become combative.
Fulbright again reiterated that he made up his entire statement to law enforcement, as well as statements made to members of his family from jail because he was still attempting to protect Sarah Newsom.
'Mr. Fulbright, you realize a child died, right?' Boggeman asked Fulbright. Fulbright responded that he was aware.
'Did you love Olivia?' Boggeman asked Fulbright.
'Yes, I do,' Fulbright responded.
'Why did you kill Olivia?' Boggeman asked.
'I didn't,' Fulbright responded.
Fulbright testified that he doesn't remember ever leaving a mark on the child. When Boggeman asked if both he and Sarah Newsom are responsible for the bruising on the child, Fulbright testified that only Newsom is responsible.
At around 4:05 p.m. on Tuesday, March 4, Barber, on behalf of Fulbright's defense, rested the case for the defense.
Boggeman called a single rebuttal witness to testify, Dr. Jayme Kaufman, a child abuse pediatrician at Cook Children's Hospital. Dr. Kaufman has testified in several Wichita County trials, most recently in the trial of Anthony Patterson in Fort Worth.
Dr. Kaufman testified that while most children live after suffering abusive head trauma, Cook Children's typically sees between five and eight child deaths a year as a result of abusive head trauma.
Dr. Kaufman testified that she is unable to give a specific date and time as to when the child suffered the ultimately fatal blow. She testified that she saw no way that the child would have been normal after she suffered the injury, based on how severe the injury was.
Dr. Kaufman testified that there was no indication, based on her analysis, that the child's death stemmed from an accidental injury to herself. She testified the child's injuries were 'so horrific' that she determined her death was a result of abusive head trauma.
After a brief cross-examination from Fulbright's defense, Dr. Kaufman was released from the witness stand. Boggeman then rested the case for the prosecution once again.
Boggeman then closed the prosecution's case, and Barber closed Fulbright's case at around 5:20 p.m.
The stage is now set for closing arguments in Fulbright's trial. Both the prosecution and the defense will have the opportunity to bring their final statements to the Montague County jury of four men and eight women beginning at 9:30 a.m. on Wednesday, March 5, 2025.
After closing arguments conclude, the case will be given to the jury to begin deliberating to determine whether they believe Fulbright is guilty or innocent.
If the jury finds Fulbright guilty, the trial will move into a punishment phase, as Fulbright elected for the jury to set his sentence.
Both sides will again bring evidence and testimony to the jury, who will once again deliberate to determine a fitting sentence.Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.