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     By  Staff Reports Published 
    11:46 am Thursday, June 11, 2009

    THURSDAY UPDATE: Testimony begins in Scott case

    By Staff
    Melissa Cason
    Franklin County District Attorney Joey Rushing told the jury the state will building a wall of circumstantial evidence to prove Christie Michelle Scott, 32, of 180 Signore Road in Russellville, intended to kill her six-year-old son, Mason, during opening remarks in what could be the longest criminal trial in Franklin County history.
    "This case is emotional," Rushing said. "There's no weakness in the case just because it's based on circumstantial evidence."
    Rushing outlined what he thinks the evidence will show. He asked the jury to look at Scott's actions before, during and after the fire.
    Rushing said those actions included buying $100,000 worth of life insurance on her son the day before he died; not initially telling her neighbor Mason was in the burning house when she left for help; not attempting to get back into the house to get her son out, and telling investigators she did; and joking at a hair salon the same day her son was killed in the fire.
    However, Defense Attorney Robert Tuten says Rushing's 'wall' cannot stand because the child's death was a tragedy but not criminal.
    "It's a case that will change your life forever," Tuten said to the jury. "Christie Scott does not have to prove a single thing to you."
    Tuten said that while it's true that a criminal case can be based on circumstantial evidence, more is needed to prove a criminal act besides a 'tornado of gossip.'
    Tuten said the rumors circulating around town about the fire clouded the investigator's judgment, leading to an innocent woman being accused of killing her own son.
    "They did not see. They did not view this event," Tuten said. "The tornado of gossip has convicted Christie Scott."
    Tuten said Scott's actions before, during and after the fire could be explained.
    "Having insurance is the responsible thing to do," Tuten said. "It's what they were supposed to do. As far as her actions during and after the fire, there is not manual or book to tell you how to act after a tragedy such as this. People deal with things in different ways. That's what makes us unique."
    Tuten asked the jury to look at the evidence, and make a judgment call on the evidence, not the gossip.
    "Once you look at the evidence, you will see all of the bricks don't fit together, and Mr. Rushing's wall cannot stand," Tuten said.
    Circuit Judge Terry Dempsey dismissed the jury after opening statements to cover motions for the trial, witness testimony will begin Friday at 8:30 a.m.

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