- JM (Juan Martinez) is going over her scenario to the jurors of what happened on the 4th. She told the jurors that she wasn’t sure if Travis stopped to pick up his camera. JM indicates that would have given her even more time (to get away).
- JM is trying to discern when exactly her ‘fog’ set in and if she can remember anything. She had said that her brain ‘freezes’ and she doesn’t hear words but this time she did hear Travis say: “F’n kill you bitch.”
- JM says her scenario is impossible given the time stamps on the photos (62 seconds for the entire event). He claims she did not have the time to do all she did and then all the stabbing as well.
- JM points out that because she testified that she did not know where the knife was she would have had to take some time to go and find it…unless she had it right there with her. (She implies maybe Travis had the knife). He reviews that she said they both went down after the gunshot and neither had a knife at that point. That means according to JM that Travis was down and she had to go get the knife and then come back to him to attack him with it.
- This entire time she has been mincing words and arguing details of the questions with Martinez. She does not appear to shake and drinks water easily. Also Nurmi is doing a lot of objecting.
- Ends with technical difficulties—back at 1:15.
- JM brings up the fact that she does remember having the knife in her hand at one point. She argues with him saying she doesn’t remember gripping the knife…eventually she has to admit it must have been in her hand for her to have dropped it and remembered the sound of it hitting the tile floor. She doesn’t want to agree with anything JM has to say.
- JM asks her about where her shoes went- did she leave them behind as she did not have them on when she stopped in the desert. She does not remember.
- JM gets her to admit she put gas in the car on the way to Nevada but then she back tracks and says she must have, but she does not remember. He is trying to prove she used the gas cans at that point.
- JM mentions that everything that has something to do with the case she managed to get rid of.
- Doesn’t remember if the gun was in a holster or box—she says there never was a box.
- She admitted buying a gun for protection for a camping trip with all guys (though she claims they were still asking people and there eventually may have been some girls). JM says she did not need to go on the trip (why go if you are so afraid you need a gun?) She claims her violent encounters with Travis were part of the reason for the gun.
- JM brings up her claim to have read and followed the Book of Morman. When it came to caffeine she stopped drinking it. JM had her read about lying and she had to say that if you lie you are “more or less condemned to Hell.”
- JM brings up fight after Dan Freeman removes items from her backpack (they argue over when the actual fight started). She had said Travis said “Fuck you” to her that day and that was when she realized he was not father material but JM got her to admit she had used the exact same words against Travis.
- JM got her to admit she had no problem ignoring the Law of Chastity even when she was clear on it saying (re: sex) if it’s wrong I don’t want to be right.
10. JM asks again about why she never called 911 regarding abuse from Travis. They went over the incident with Bobby and her 911 call. She admits there was nothing stopping her from calling 911. She also admits she never took any pictures of injuries although she did take pics of her hurt finger from work. She says she didn’t take pics because she was ashamed of those.
11. JM points out that the closet shelves are sitting on pins (and he throws in they are made to hold 40 lbs). He points out if she had put her weight on like she said the shelf would have tipped over. But nothing on the shelves is out of place. She insists she just stepped on the edge briefly.
12. They go back and forth over whether she thought the gun was loaded (her story was ‘unloaded’ to the jury earlier, now she’s not so sure). JM asks her “if you thought the gun was unloaded what were you going to do with it…throw it at him?”
13. JM tells her you know you have to have your finger on the trigger to shot the gun. He says: “You shot him in the head and killed him right?” and she answers “yes”.
14. JM rests.
JUROR QUESTIONS AND ANSWERS (paraphrased):
- How many times did you see Travis’ gun? Three- one when I discovered it, another time when cleaning and June 4.
- Re: Derald and guns…he showed you the safety. Did you practice? I didn’t even touch it.
- Were you and Matt living in separate cities while he was with Bianca? Yes.
- Was it possible you were on a break or broken up at the time? I guess it’s possible…we were intimate…we didn’t break up.
- If you still felt threatened by (Travis) why did you use a knife instead of just shooting again? I dropped the gun when he hit me…we fell..I don’t remember picking up the knife.
- You said you remember putting the knife in the dishwasher…but you also don’t remember anything after dropping the knife. Which is correct? I have a vague memory of putting a knife in the dishwasher…I’m not sure if that is the memory of June 4…or a prior incident.
- Does being baptized generally require that you follow the doctrine…in The Book of Morman? Yes.
- Did you take photos of injuries to your neck? I took a photo of myself in the U-Haul…I know I had makeup on …to hide the bruises. I was trying to not make a record of them.
- How many phone calls, texts and e-mails were exchange between you and Travis on June 3 & 4? Between 5 and 9 phone calls…texts were not saved or recovered and no e-mails.
Follow up- Nurmi:
- She admits she wasn’t a ‘perfect Mormon’ and did see the Bishop about her sexual transgressions.
- She said the neck injuries were not captured in photos as they were something she wanted to forget, that this was against the Law of Attraction and it could hurt Travis. She also said she sometimes felt ashamed and that she had provoked it.
1. She said she was not broken up with Matt when she confronted Bianca but JM said she told her Social Worker something different. She denied it.
2. JM confirmed that she told the Bishop about the sex but failed to mention the murder.