Latest news with #97thJudicialDistrictCourtroom
Yahoo
05-03-2025
- Yahoo
Joshua Fulbright takes the stand in his trial for murder
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 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
04-03-2025
- Yahoo
Olivia Newsom's mother, grandmother testify in Fulbright's trial
MONTAGUE COUNTY (KFDX/KJTL) — The mother and grandmother of 2-year-old Scarlette Olivia Newsom took the stand for the defense in the trial of Joshua Thomas Fulbright for the child's murder in 2018. Fulbright is facing up to life in prison if found guilty by the Montague County jury made up of four men and eight women. PREVIOUS STORY: Fulbright's defense calls more witnesses in murder 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 trial The State of Texas is being represented by Katie Boggeman, 97th Judicial District Attorney and lead prosecutor of Fulbright's trial. Mark Barber, a defense attorney based in Wichita Falls, is representing Fulbright. Testimony resumed at 9 a.m. on Tuesday, March 4, 2025, in the 97th Judicial District Courtroom in the Montague County Courthouse, with Judge Trish Coleman Byars presiding. Barber, on behalf of the defense, recalled Sarah Newsom, the mother of Scarlette Olivia Newsom and the former girlfriend of Fulbright, to take the stand once again. Newsom also has charges pending related to the death of her daughter. READ MORE: Mother takes the stand in toddler's murder retrial Having previously been called as a witness on behalf of the prosecution, Barber's questioning of Newsom seemed to readdress her previous testimony. Facebook messages between Sarah Newsom and several other individuals were admitted into evidence. The messages were printed out and given to the members of the jury. Newsom testified that at the time of the offense, she was not taking any medication for her mental health, nor was she when she was in a relationship with Fulbright. She testified that she didn't spend any significant time in a mental health facility during that time. Newsom testified that her daughter, Olivia, was an issue in her relationship with Fulbright. She testified that Fulbright hated the attention that was taken away from him because of the child. 'There were many times when I asked him to stop hitting her,' Newsom testified. PREVIOUS STORY: State rests after calling final witness in Fulbright's trial After a brief recess, the defense called Brenda Thomas, Sarah Newsom's mother, to the stand. Barber's co-counsel, Lauren Allen, questioned Thomas regarding Olivia Newsom and Sarah Newsom's living arrangements before the child's death. Thomas testified that the child lived with her at first before she and Sarah Newsom moved to El Paso. She testified they returned and lived with them for a few months before moving into an apartment in Wichita Falls. She testified they moved back in with her for a few months before Sarah Newsom moved in with Fulbright. Thomas testified that the child didn't want to go with Sarah Newsom to live with Fulbright. She testified that when she met Sarah Newsom at the Jolly Truck Stop to drop the child off with her, the girl began to cry. She testified that Sarah Newsom would call the child 'a loser.' Thomas testified that she coordinated doctor's appointments for Olivia Newsom because Sarah Newsom, her mother, would forget. She testified Sarah Newsom went to about half of the child's appointments. READ MORE: First witnesses testify in Joshua Fulbright's defense At multiple points during Thomas's testimony, Boggeman objected to questions asked by the defense on the grounds of improper impeachment. Those objections were sustained by Judge Coleman Byars. Thomas testified that Sarah Newsom would lie to get what she wanted, and that she was manipulative. She testified the last time she talked to her daughter was over a year ago. On cross-examination, Boggeman questioned Thomas regarding her personal knowledge of her daughter's relationship with Fulbright. She testified she wasn't aware of any issues between the two of them. Thomas also testified she never saw her daughter abuse Olivia Newsom. The next witness called by the defense was Erin Owen, a former employee at Clay County Memorial Hospital. She testified she was working there on Oct. 15, 2018, when Scarlette Olivia Newsom was brought into the emergency room by her mother. Owen began crying on the witness stand as she was asked to remember what happened to Olivia Newsom. She testified the child was unresponsive; her eyes were slightly open, and at one point, she had foaming drool come out of her mouth. She testified the child was covered in bruises and scrapes. READ MORE: State temporarily rests after penultimate witness in Fulbright's trial Owen testified that she never came in contact with Fulbright that night, but she saw him in the waiting room. She testified Fulbright was fidgeting in the waiting room. She testified he was 'literally sitting on the edge of his seat.' Owen testified that she observed Sarah Newsom caressing the child's head, and she thought it was inappropriate because the child's head was covered in bruises. She testified that Sarah Newsom was emotionless when she interacted with her. During cross-examination, Owen testified that it was evident to her that the child was 'profoundly beaten' and she was in critical condition. She testified she '100 percent' felt that the child had been abused. 'I've never seen a case like this since,' Owen testified. 'I hope I never see one like it again.' Owen testified that she'd seen circumstances in her experience working in emergency care where the mother of an abused child would cover for an abusive boyfriend. She testified neither Newsom nor Fulbright gave any explanation of how the child received her injuries. Owen testified that other than what she's seen on the news, she's never seen a case in which a mother has abused their own child. The next witness to testify for the defense, Jessica Dunning, took the stand at around 11:24 a.m. Dunning owned the home in which Fulbright and Newsom lived, along with 2-year-old Olivia Newsom, prior to the child's death. READ MORE: Texas Ranger, Cook Children's doctor take stand in Fulbright's trial Dunning testified that her husband and Fulbright have been friends since childhood, and that she quickly became friends with him. She testified that other than when they'd get in 'stupid arguments,' she never saw Fulbright get angry. She testified that Fulbright came to live with them at first in January 2018, then again later that year. Dunning testified that she'd known Sarah Newsom for quite some time as well. She testified that she came to live in their home with Fulbright, and they stayed in a room together. She testified that the child, Olivia Newsom, later came to live in the home as well. Dunning testified that, in one instance, Newsom threw herself into a wall. She testified that Newsom would often tell her that bruises on her child came from a fall when she was playing outside. She testified she 'never really put much stock' into what Newsom would tell her. Dunning testified that in the four months she lived in her home, she saw no signs of any mental health issues with Newsom. She testified that she knew nothing of Newsom or Fulbright disciplining the child while the three of them lived in the home. The defense then passed the witness to Boggeman for cross-examination. However, before she began questioning Dunning, Judge Coleman Byars dismissed the jury for a lunch break. Testimony will resume at 1 p.m., with Dunning returning to the witness stand for cross-examination by the 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
28-02-2025
- Yahoo
State temporarily rests after penultimate witness in Fulbright's trial
MONTAGUE COUNTY (KFDX/KJTL) — An expert in child brain scans representing the second-to-last witness for the prosecution took the stand on the final day of the first week of testimony in the trial of Joshua Thomas Fulbright. Fulbright is charged with the murder of 2-year-old Scarlette Olivia Newsom after she was hospitalized in Clay County in October 2018 with injuries that authorities said appeared to be a result of abuse. Four days later, the child died after she was taken off life support. A first attempt to try Fulbright in 2019 ended with a mistrial when a jury could not be seated in Henrietta out of a pool of 80 residents. His second trial in 2022 ended with a mistrial when his defense attorney was picked up on a DWI with a child passenger charge. PREVIOUS STORY: Texas Ranger, Cook Children's doctor take stand in Fulbright's trial The third attempt at Fulbright's trial began with jury selection on Monday, Feb. 24, 2025. Testimony got underway on Feb. 25 in the 97th Judicial District Courtroom in Montague, with Judge Trish Coleman Byars presiding. 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 The State of Texas is being represented by Katie Boggeman, 97th Judicial District Attorney and lead prosecutor of Fulbright's trial. Fulbright is being represented by Mark Barber, a defense attorney based in Wichita Falls. Due to the scheduling conflict, counsel for the prosecution and Fulbright's defense agreed that the state would call one of its final two witnesses on Friday, Feb. 28, and then Barber would call several witnesses on behalf of the defense out of order. Testimony resumed just after 9 a.m. on Feb. 28, with Boggeman calling the state's penultimate witness, Dr. Mahdan Bosemani. Dr. Bosemani testified that he is the attending pediatric neuroradiologist at Cook Children's Hospital and an expert in the field. Dr. Bosemani testified that he worked with Olivia Newsom when she was admitted to Cook Children's Hospital in October 2018. Slides prepared by Dr. Bosemani that included scans of the child's brain were admitted into evidence and shown to the jury. Dr. Bosemani testified that a CT scan of the child's head revealed fluid, blood, and swelling around the brain. He showed images from the CT scan to the jury, as well as images from an MRI taken 12 hours after she was admitted to Cook Children's Hospital. READ MORE: Mother takes the stand in toddler's murder retrial Dr. Bosemani testified that Olivia Newsom's CT scan showed swelling on both sides of the brain, which is indicative of an excessive amount of force. He testified that the MRI revealed the child had blood behind both of her eyes and was likely comatose. 'The entire brain is injured,' Dr. Bosemani testified. 'There's no normal-looking brain there.' Dr. Bosemani testified that the scans on the girl's brain were indicative of abusive head trauma. He testified that a slap to the face would not cause the injuries the CT scan and MRI of Olivia Newsom showed. He said it would require 'considerable force' to cause those kinds of injuries. 'When the entire brain is injured, unfortunately, there's nothing left that's salvageable,' Dr. Bosemani said. 'I think the trauma is what actually caused… that injury that creates a downward spiral.' Dr. Bosemani testified that the child suffered a devastating brain injury and had no chance of survival. READ MORE: Day 1 of the trial of Joshua Fulbright Barber cross-examined Dr. Bosemani, who testified that he could not pinpoint when the severe brain injury occurred in Olivia Newsom. He testified that just based on imaging, he cannot give a range of dates for when the traumatic brain injury occurred. Barber asked Dr. Bosemani about his analysis of the CT scans and MRIs taken of Olivia Newsom's brain and why they differed with the opinions of other pediatric neuroradiologists at Cook Children's Hospital. Dr. Bosemani testified that due to the presence of blood and fluid rather than just blood in the brain, the other doctors were incorrect. Dr. Bosemani testified that he could not give a specific definition of the severity of the injuries the child suffered to the brain. He testified that a lot of force would have been required, but he could not testify regarding the exact number of blows the child took to the head. At around 10:47 a.m., Dr. Bosemani was released from the witness stand. Boggeman, on behalf of the prosecution, rested the state's case on the condition that the defense would not object to the case being reopened on Monday, March 3, when Boggeman said the final witness for the prosecution would be called to testify. Judge Coleman Byars released the jury so that attorneys for the prosecution and defense could address legal issues regarding a witness Barber intends to call as an expert. Testimony will resume following a hearing outside the jury's presence, with Barber calling witnesses on Fulbright's 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
