The trial of Joshua Thomas Fulbright, accused of murdering 2-year-old Scarlette Olivia Newsom, has reached a critical stage. On Friday, February 28, 2025, the State of Texas temporarily rested its case, and Fulbright’s defense team began calling witnesses.
This marks the third attempt at trying Fulbright for the 2018 death of the child, with previous trials ending in mistrials. If convicted, Fulbright faces up to life in prison.
Trial Overview
- Jury selection began on Monday, February 24, 2025.
- Prosecutor: Katie Boggeman, 97th Judicial District Attorney.
- Defense Attorney: Mark Barber, Wichita Falls-based lawyer.
- Judge: Trish Coleman Byars presiding in the 97th Judicial District Court, Montague County.
The prosecution plans to reopen its case on Monday, March 3, with a forensic pathologist expected to testify at length.
Friday’s Key Testimonies
1. Defense Seeks to Introduce Expert Witness
- The defense attempted to call Dr. David Sabine, a Wichita Falls psychologist, as an expert witness.
- Dr. Sabine had evaluated both Fulbright and Sarah Newsom, the child’s mother and co-defendant.
- Prosecutor Boggeman objected, arguing the evaluation took place six years after the child’s death and was an improper attempt to discredit Newsom.
- Judge Byars did not rule immediately but may allow Dr. Sabine to testify on Tuesday, March 4.
2. Testimony from Sgt. Jody Polvado
- First defense witness: Sgt. Jody Polvado, now with Midwestern State University Police.
- Polvado investigated the case and interviewed Sarah Newsom.
- Newsom told him she slapped the child multiple times after she began growling and thrashing as if having a seizure.
- Polvado also interviewed Fulbright, who stated the child had been having seizure-like episodes for two weeks.
- Fulbright admitted he hit the child “as hard as he could”.
3. Testimony from CPS Investigator Crystal Wright
- Second defense witness: Crystal Wright, a Child Protective Services (CPS) supervisor.
- Wright interviewed Newsom at Clay County Hospital the night the child was admitted.
- Newsom initially said the child was clumsy, later admitting she had slapped and spanked her.
- Newsom claimed the bruising was due to low iron, which runs in her family.
4. Testimony from Former Clay County Lieutenant John Catron
- Third defense witness: John Catron, former lieutenant with the Clay County Sheriff’s Office.
- Catron, along with Texas Ranger Jake Weaver, interviewed both Fulbright and Newsom on October 16, 2018.
- Fulbright admitted to slapping the child once but showed little emotional response to the child’s condition.
- Catron testified that both Fulbright and Newsom lacked typical emotional reactions for parents of a severely injured child.
- He noted Fulbright’s disturbing admission:
“I hit her so hard I thought I injured my own hand.”
Looking Ahead to Week Two of the Trial
With no further witnesses available on Friday, the court adjourned early. The second week of testimony is set to resume on Monday, March 3, 2025, just three weeks before Scarlette Olivia Newsom’s ninth birthday.
What to Expect Next Week
- Prosecutor Boggeman will reopen the state’s case by calling a forensic pathologist to testify.
- Defense will continue presenting witnesses, possibly including:
- Dr. David Sabine (pending Judge Byars’ ruling).
- Sarah Newsom, in an attempt to impeach her testimony.
- Once both sides finish presenting evidence, closing arguments will take place, and the jury will begin deliberations.
This trial is the furthest Fulbright’s case has progressed without a mistrial.
- 2019 trial – Mistrial due to failure to seat a jury in Henrietta.
- 2022 trial – Mistrial after Fulbright’s defense attorney was arrested for DWI with a child passenger.
With testimony now underway, the jury of eight women and four men will ultimately decide Joshua Fulbright’s fate.