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Stewart County Circuit Court Judge David D. Wolfe on a post‑verdict hearing said he would take under advisement a second amended motion for a new trial filed on behalf of Abdul Powell and left several evidentiary and procedural questions for written ruling, after hearing argument from Powell’s attorney and the state and brief testimony from the defendant’s father.

Nut graf
The motion challenges convictions entered after a jury verdict on Dec. 2, 2022, in case 2017‑CR‑155, principally arguing insufficiency of evidence, alleged improper admission of a forensic DNA analysis, alleged improper rebuttal cell‑tower testimony and claimed prejudice from the prosecutor’s closing argument and the court’s denial of a midtrial request to replace counsel. The court allowed defense counsel to make an offer of proof and to lodge photographs as exhibits, but said the remaining issues would be addressed in a written order.

Body
William Silver, identified in court as counsel for Mr. Powell, opened the defense argument by telling the court that the defendant’s second amended motion for new trial (filed Feb. 28, 2025) largely incorporated earlier grounds and added a more specific claim about admission of a forensic analysis on a scarf recovered in a related burglary. Silver argued the evidence was insufficient to support convictions on counts 2–4 of the superseding indictment (first‑degree felony murder and related felony counts), saying, “the evidence presented was not sufficient to support the convictions.”

Silver summarized several lines of attack: absence of physical evidence placing Powell inside the Cooksey residence (no fingerprints or DNA tying Powell to that home), lack of proof of non‑consensual entry required for burglary under the Tennessee burglary statute, the need to scrutinize accomplice testimony from codefendants, and concerns about a computer‑assisted DNA analysis performed by a private firm the defense called “Cybergenetics.” He described the scarf DNA as “touch” or transfer DNA that can be easily transferred and argued the jury could be misled about the probative value of that analysis.

The court allowed Silver to incorporate the issues raised in Powell’s initial motion for new trial into today’s hearing and to rely on the written memorandum already filed. Silver also asked to make an offer of proof about a midtrial request Powell made to replace his attorney and offered to call Abdul Malik Rasheed—Powell’s father—to testify about the events that precipitated Powell’s request for new counsel. The judge permitted the offer of proof and allowed Rasheed to testify for that limited purpose.

Abdul Malik Rasheed testified that on the morning of Dec. 2, 2022, he overheard discussion about a “key witness,” Eric Cooksey, and that defense counsel had told the family Cooksey had been subpoenaed but had not appeared. Rasheed recounted a disagreement about whether Cooksey had been subpoenaed; he told the court he believed Cooksey was later produced voluntarily and that differences between Powell and counsel preceded Powell’s request for new counsel.

On the state’s behalf, an Assistant District Attorney (identified in the transcript only by role) argued the record contains corroborating eyewitness and video evidence: testimony from Tiffany Miller and Amy Hankins identifying a white pickup and occupants, Miller’s testimony that she heard a phone call in which Powell discussed going to commit a robbery, Hankins’ testimony that the men left together from Powell’s house, and trial video showing a white truck tied to the sequence of events. The prosecutor also buttressed the significance of the scarf DNA and the connection the jury could draw from the combination of testimony and physical evidence.

The state addressed the defense’s cell‑tower argument by saying cell‑tower evidence concerning John Perry was used to rebut aspects of the defense narrative and to show Perry and Powell were together; the state disputed the defense characterization that rebuttal testimony was improper. The state also responded that the court had ruled pretrial to admit the DNA/scarf evidence and that appellate authority had affirmed such evidence in other cases.

Judge David D. Wolfe said he would take the motion under advisement and issue a written ruling. On the record the judge noted that in his view the jury had evidence—video, witness identifications and corroborating testimony—sufficient for the jury to weigh. He also ruled earlier trial decisions (motions in limine and severance rulings) would be considered as part of his written analysis. The judge allowed the defense to file exhibits (photographs the defendant wishes to lodge) and to make its offer of proof; he also allowed the defense to submit the father’s testimony for consideration even though it was not presented contemporaneously when Powell moved to replace counsel during trial.

The court also addressed the defense’s claim that the prosecutor vouched for a witness’s credibility in closing argument and noted that any sustained contemporaneous objection will be reflected in the record for purposes of the motion. The judge said he would take all briefing and the hearing record under advisement and prepare a written ruling on the second amended motion and the incorporated original motion.

Ending
Judge Wolfe announced that a written ruling would follow and that Powell would remain in the custody of the Tennessee Department of Correction pending resolution. The court granted the defense leave to lodge the photographic exhibits and accepted the limited offer‑of‑proof testimony from Abdul Malik Rasheed for consideration in deciding Powell’s post‑trial motion.

Speakers
- Judge David D. Wolfe — Circuit Court Judge, Stewart County Circuit Court (government)
- William Silver — Defense counsel for Abdul Powell (business/legal)
- Abdul Malik Rasheed — Witness; father of defendant (citizen)
- Assistant District Attorney (unnamed in transcript) — Prosecutor for the State of Tennessee (government)
- Tiffany Miller — Witness (citizen)
- Amy Hankins — Witness and codefendant (citizen)
- John (JC) Perry — Witness and codefendant (citizen)
- Eric Cooksey — Defense witness (citizen)
- Detective Sean Atkins — Law enforcement rebuttal witness (government)

Authorities
- rule: Tenn. R. Crim. P. 33 (motion for new trial) — referenced_by: [\"motions filed Nov 2024\",\"second amended motion Feb 28, 2025\"]
- statute: Tenn. Code Ann. § 39‑13‑202 (felony murder, underlying felonies such as burglary/theft) — referenced_by: [\"count descriptions in motion\"]
- motion: motion in limine (pretrial order limiting mention of prior convictions/trials) — referenced_by: [\"closing‑argument objection\"]

Actions
- {\"kind\":\"motion\",\"identifiers\":{\"case_docket\":\"2017‑CR‑155\"},\"motion\":\"Second amended motion for new trial (filed Feb. 28, 2025), incorporating issues raised in the original motion for new trial (filed Nov. 2024)\",\"mover\":\"Defense (William Silver)\",\"second\":\"not specified\",\"vote_record\":[],\"tally\":{},\"legal_threshold\":{\"met\":false,\"notes\":\"Court will issue written ruling after taking matter under advisement.\"},\"effective_dates\":{},\"outcome\":\"tabled\",\"notes\":\"Judge took the motion under advisement, allowed offer of proof and directed filing of exhibits and a written ruling; defendant remanded to TDOC custody.\"}

Discussion/Decision
- discussion_points: [\"alleged insufficiency of physical evidence tying Powell to victims' residences\",\"admission and probative value of computer‑assisted DNA analysis from a scarf\",\"proper use of cell‑tower location testimony and whether it was improper rebuttal\",\"credibility and corroboration of accomplice testimony\",\"defendant's midtrial request to replace counsel and whether the court inquired adequately\" ]
- directions: [\"defense may lodge photographic exhibits and file an offer of proof; court will accept limited father testimony for record\",\"court will issue written ruling after review of filings and hearing record\"]
- decisions: [\"motion taken under advisement; defendant remanded to custody pending resolution\"]

Clarifying details
- {\"category\":\"filings\",\"detail\":\"Second amended motion for new trial filed Feb. 28, 2025; original motion for new trial filed Nov. 2024\",\"value\":\"dates\"}
- {\"category\":\"case_docket\",\"detail\":\"Superseding indictment reference provided in hearing: 2017‑CR‑155\",\"value\":\"case docket\"}
- {\"category\":\"convictions\",\"detail\":\"Defendant convicted Dec. 2, 2022, on counts 2–4; acquitted on count 1\",\"value\":\"dates/counts\"}
- {\"category\":\"evidence\",\"detail\":\"Scarf recovered at a burglary, DNA analysis performed by Tennessee lab then Cybergenetics; defense characterizes result as ‘touch’ or transfer DNA\",\"value\":\"not specified\"}

Proper_names
[{\"name\":\"Abdul Powell\",\"type\":\"person\"},{\"name\":\"Judge David D. Wolfe\",\"type\":\"person\"},{\"name\":\"Tennessee Bureau of Investigation\",\"type\":\"agency\"},{\"name\":\"Cybergenetics\",\"type\":\"organization\"},{\"name\":\"Tennessee Department of Correction\",\"type\":\"agency\"},{\"name\":\"Eric Cooksey\",\"type\":\"person\"},{\"name\":\"John (JC) Perry\",\"type\":\"person\"},{\"name\":\"Amy Hankins\",\"type\":\"person\"}]

Searchable_tags
[\"new trial\",\"felony murder\",\"DNA evidence\",\"cell tower\",\"Stewart County\",\"Tenn. R. Crim. P. 33\"]

Salience
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Stewart County Circuit Court processed a full docket of arraignments, probation hearings, plea entries and scheduling matters in a session that produced multiple dispositions, a bail revocation order and several trial dates through August and October.

Nut graf
The court recorded plea agreements, reinstatements of probation with conditions, continuances and at least one bond revocation motion granted; judges or counsel announced trial dates for cases set in May and August. The session included a furlough arrangement that will send one defendant to a residential program, several appointments of counsel for indigent defendants and remands of defendants to custody where bond was revoked.

Body
Among the docketed matters: the court accepted a guilty plea from David Lee Parr to a fentanyl possession charge (case 2020‑CR‑18B) and sentenced him to eight years as a Range II offender, suspended to supervised probation with credit for time served, and dismissed remaining counts. The court also accepted several negotiated dispositions to revoke and reinstate probation with extensions as follows: Gerald P. Dodson Jr. admitted a probation violation and was revoked to time served, then reinstated and extended for one year with an alcohol‑and‑drug assessment requirement.

The court granted a state request to revoke bond for Josiah Nixon after the arrest record showed multiple new charges alleged to have been committed while he was on conditional release; the judge appointed counsel (Crystal Wilkerson) and set a speedy‑trial date (May 13). The court also set a trial date for Lester Gavin Williams and appointed a public defender after Williams reported he had recently been laid off and could not afford counsel; Williams’s trial was set for mid‑May.

In probation‑related actions, the court approved a plan in a probation violation matter for Kelly Lynn Babcock: the judge accepted a plea and arranged to delay sentence to permit a one‑year furlough placement at the Hope Center program (transportation and bed‑availability to be confirmed), then set a review date in August. Another probationer, Sarah Hale, was conditionally allowed to seek inpatient treatment; the court discussed whether to furlough her for the remaining three months of a one‑year consecutive sentence and asked for more information before ruling.

Clerks and counsel announced multiple continuances and appointments: several defendants who asserted indigency were given affidavit forms to request appointed counsel; court staff noted scheduled status and trial dates (August 11–14, August 12–13 and October settings appear on the calendar). The court also remitted fines and costs for Christina Schlesinger after reviewing treatment and payment history and ordered reduced cost payments for another defendant who demonstrated efforts to obtain work and complete court‑ordered tasks.

Several arraignments were continued to allow defendants time to retain counsel; for defendants in custody the court set status dates for August and reminded counsel to confirm availability. The court confirmed that orders of protection issued ex parte remain in effect until the respondent is served and a hearing is scheduled; multiple domestic‑relations protective matters were continued pending service.

Ending
The court concluded the docket by appointing counsel where conflicts or indigency were asserted, setting multiple trial and status dates for May, August and October, and instructing the clerk to process exhibits and discovery as ordered. Several matters were continued to the May 12 status docket or to dates in August for trial readiness.

Speakers (selected)
- Judge David D. Wolfe — Circuit Court Judge (government)
- Assistant District Attorneys and prosecutors (unnamed in transcript) — Office of the District Attorney General (government)
- Various defense attorneys (named when present in transcript: e.g., Greg Smith, Chad Cox, Jake Finley, Mark Clemons) — private counsel/public defenders (business)
- Multiple defendants and witnesses as listed in transcript — citizens

Authorities referenced
- Various arraignment and probation statutes and local court rules (not always cited by code section in transcript). Specific references in individual cases included probation rules and Tennessee sentencing ranges; no single statutory citation governed the full docket beyond standard criminal procedure.

Actions (selected highlights)
- {\"kind\":\"motion\",\"identifiers\":{\"case_number\":\"2024‑CR‑44\"},\"motion\":\"State moved to dismiss (settlement)\",\"mover\":\"State\",\"outcome\":\"approved\",\"notes\":\"Case resolved by agreement, details case by case.\"}
- {\"kind\":\"referral\",\"identifiers\":{\"case_number\":\"2025‑CR‑13\"},\"motion\":\"Appointment of public defender for Lester Gavin Williams; trial set\",\"mover\":\"Court\",\"outcome\":\"appointed/set\",\"notes\":\"Trial date and indigency finding; defendant to cooperate with counsel.\"}
- {\"kind\":\"referral\",\"identifiers\":{\"case_number\":\"2025‑CR‑24\"},\"motion\":\"Guilty plea and suspended sentence (David Lee Parr) count 1 possession of fentanyl\",\"mover\":\"Defendant\",\"outcome\":\"approved\",\"notes\":\"8 years Range II suspended to supervised probation; remaining counts dismissed.\"}
- {\"kind\":\"motion\",\"identifiers\":{\"case_number\":\"Nixon_docket\"},\"motion\":\"State motion to revoke bond based on arrests while on conditional release\",\"mover\":\"State\",\"outcome\":\"granted\",\"notes\":\"Bond revoked; counsel appointed; speedy trial date set May 13.\"}
- {\"kind\":\"other\",\"identifiers\":{\"case_number\":\"Kelly Babcock\"},\"motion\":\"Probation revocation plea with delayed sentencing to permit furlough to Hope Center (one‑year program)\",\"mover\":\"Defense/State\",\"outcome\":\"approved with conditions\",\"notes\":\"Furlough and program placement pending transportation/bed availability; review in August.\"}

Votes at a glance (selected docket outcomes)
- David Lee Parr (2020‑CR‑18B): pleaded guilty to fentanyl possession — sentence 8 years suspended to supervised probation; other counts dismissed.
- Kelly Lynn Babcock: guilty plea on probation violation; furlough to Hope Center for one year (pending logistics); sentencing delayed and review set in August.
- Josiah Nixon: state motion to revoke bond granted based on new arrests; counsel appointed (Crystal Wilkerson); trial set for May 13.
- Gerald P. Dodson Jr.: admitted probation violation; revoked to time served, reinstated and extended 1 year with alcohol/drug assessment requirement.
- Christina Schlesinger: fines and costs largely remitted after review of treatment participation and financial status; litigation tax retained.

Proper_names
[{\"name\":\"Hope Center\",\"type\":\"program\"},{\"name\":\"Tennessee Department of Correction\",\"type\":\"agency\"},{\"name\":\"TBI\",\"type\":\"agency\"},{\"name\":\"David Lee Parr\",\"type\":\"person\"},{\"name\":\"Kelly Lynn Babcock\",\"type\":\"person\"},{\"name\":\"Josiah Nixon\",\"type\":\"person\"},{\"name\":\"Crystal Wilkerson\",\"type\":\"person\"}]

Clarifying details
- {\"category\":\"trial_dates\",\"detail\":\"Multiple trial/status dates set: May 12–13 (selected matters), August 11–14 (multiple trials), October (some matters)\",\"value\":\"dates\",\"units\":\"calendar dates\",\"approximate\":false,\"source_speaker\":\"Clerk/Court\"}
- {\"category\":\"furlough\",\"detail\":\"Kelly Babcock furloughed to Hope Center for one year program pending bed/transportation; sentencing delayed for review\",\"value\":\"1\",\"units\":\"year\",\"approximate\":false,\"source_speaker\":\"prosecutor/defense\"}
- {\"category\":\"plea\",\"detail\":\"David Lee Parr pleaded guilty to possession of fentanyl; 8 years Range II suspended to supervised probation; $2,000 fine remitted\",\"value\":\"8\",\"units\":\"years\",\"approximate\":false,\"source_speaker\":\"court\"}
- {\"category\":\"bond_revocation\",\"detail\":\"State sought and the court granted bond revocation for Josiah Nixon based on subsequent arrests alleged to have occurred while on release\",\"value\":\"not specified\",\"units\":\"\",\"approximate\":true,\"source_speaker\":\"prosecutor\"}

Community_relevance
{\"geographies\":[\"Stewart County, TN\"],\"funding_sources\":[],\"impact_groups\":[\"defendants and families\",\"victims\",\"local criminal justice system\"]}

Meeting_context
{\"engagement_level\":{\"speakers_count\":40,\"duration_minutes\":540,\"items_count\":50},\"implementation_risk\":\"low\",\"history\":[{\"date\":\"2025-02-28\",\"note\":\"Powell case new‑trial filings referenced\"},{\"date\":\"2025-04-15\",\"note\":\"Multiple docket dispositions and scheduling actions\"}]}

Searchable_tags
[\"arraignments\",\"probation\",\"bond_revocation\",\"trial_dates\",\"Stewart County\",\"fleeing_programs\"]

Salience
{\"overall\":0.54,\"overall_justification\":\"Routine but consequential local court business: pleas, bond revocations and treatment furloughs that affect individuals and court calendars.\",\"impact_scope\":\"local\",\"impact_scope_justification\":\"Directly affects Stewart County defendants, victims and court operations.\",\"attention_level\":\"medium\",\"attention_level_justification\":\"Multiple dispositions and scheduling decisions; a bond revocation and felony pleas attract monitoring.\"}

Engagement forecast
{\"newsworthiness\":{\"national\":0.02,\"regional\":0.08,\"local\":0.65,\"justification\":\"Primarily of local interest; some regional relevance when cases implicate multiple jurisdictions.\"},\"predicted_read_time_minutes\":2.5}

Provenance: transcript evidence for docket items drawn from the hearing record supplied in the transcript.","Stewart County Circuit Court processed a full docket of arraignments, probation hearings, plea entries and scheduling matters in a session that produced multiple dispositions, a bail revocation order and several trial dates through August and October.","actionData","errors"]

Article not found

Judge David D. Wolfe takes under advisement Abdul Powell’s renewed motion for a new trial

Stewart County Circuit Court docket: guilty pleas, probation rulings, bond revocations and scheduling