Martinez vs. LaViolette

1. JM gets AL to admit that she based her opinion ‘in part’ on the 44 hrs of talking to JA and that she found her to be “believable.” AL says she did not rule out secondary gain as a motive for JA to lie but that she focused on Domestic Violence (DV).
2. AL only spoke to one party (JA) and didn’t speak to Travis. JM points out that because she said: “communication is 90% non-verbal” that would mean her assessment is 45% wrong.  AL says: ”No.”
3. AL admits JA lied after the killing but maintains she was not a liar before that. JM asks who she interviewed to confirm that (no one). JM asks if she ever talked to JA’s Dad. AL: “No.”
4. Jury is sent out.  JM brings out JA’s Dad on tape saying: “…she’s never been honest with us since then and she was 14.” AL states that this was ‘not something she knew’ and that she wouldn’t use a sound bite as part of her assessment.
5. Jury in. JM brings up that JA told her that the cuts on her hands right after the murder were from cutting apples. (WOW) Asked if she believed it she says: “I didn’t believe that,” then backtracks and says: “I don’t recall that I focused on that.” JM points out she never checked about this with any other source and mentions this is JA’s  FOURTH story about cutting her finger. Asked if that was a problem for her AL said: “I can’t answer yes or no.”
6. AL has in her notes: “JA told Derryl she was taking a long trip to Mesa.” She also wrote on her notes: “I thought this was a last minute decision.” AL admits she wasn’t concerned about this after talking to JA and reading other evidence.
7. JM gets AL to admit (after a long pause to think about the criminal cases she’s been on, and because it’s apparently been a while) she bases her opinions primarily on paperwork. (Not interviews).
8. Apparently a Manager at ‘The Purple Plum’ called JA a manipulator in particular with men. But because no one said that about her at Casa Ramos AL says that is not a characteristic of JA’s. JM says she was manipulative with Ryan right after the murder. AL did say she could be manipulative at times but when JM then says:  Then it stands to reason she was manipulative 2 weeks earlier-the day of the murder.” She responds: “It doesn’t stand to reason.”
9. JM gets in that a friend of JA’s from High School said she was not abused and she liked to play the victim. AL say’s that’s one person’s opinion.

10. JM asks if she thinks the Text she made up was used to ‘get a rise out of Mr. Alexander.’ She says it’s possible.

11. Apparently AL believes that making out with Ryan was to ‘make JA feel normal.’

12. AL admits she didn’t ask JA certain questions because she was ‘old fashioned.’ She points out she did listen to the sex tape. JM brings out the Tape recording of his interview with her where she says she didn’t ask who initiated the anal sex (with Matt or Bobby) because she’s ‘old fashioned.’

Afternoon Session

1. Jury is out. Hearing on the recording of JA’s Dad and Det. Flores. JM asks if knowing about her lying to her parents changes her opinion. AL: “No it doesn’t.” JM says AL’s work on this case is ‘shoddy’ and her opinion ‘flawed.’ JA saw herself as the victim. The Judge rules the state may ask if her opinion is altered by this evidence.
2. Jury in. JM asks AL if it’s a problem re: JA’s truthfulness. AL: “Correct.” JM says she was playing the victim even though she wasn’t abused <Sidebar> as a teen. AL thought she was younger.
3. Because AL is old fashioned she didn’t really go into questions about the anal sex- JM asks about who initiated it. She doesn’t know, just that it was uncomfortable. AL says it’s not relevant. JM points out that if it doesn’t feel relevant to her than it’s not relevant?
4. In her interview with JM, AL misspoke and said Travis requested that it be recorded. They get off on a tangent about how she had this interview in November and then she looked at more data later. JM had a problem with this as she had already come to her conclusion in November that JA was a victim of DV. Back to the sex tape. They argue over whether it’s better to actually hear Travis than just read his texts. AL says: “No.” They fight over secondary gain. When faking the orgasms comes up she drops “Have you seen When Harry Met Sally?” JM points out there is no real way to know if they were faking. JM goes back to how she just jumped to the conclusion that Travis requested the recording showing her bias again. (my feed is cutting out)
5. Regarding the first sexual contact; oral- JA told AL she was uncomfortable. JM says she seemed comfortable on the tape. AL points out it was 7 months later.
6. JM says JA has nothing negative in her journals partly due to the Law of Attraction. AL says there are some negatives. JM clarifies there is nothing about any physical abuse. AL agrees. He says : “Nothing about Mr. Alexander ever laying a finger on her-correct?” AL: “Correct.” JM “Nothing about masturbating to pictures of boys?” AL “No.” JM: “But you still believe the defendant?” AL: “Based on other things…”
7. JM asks about when Travis supposedly hit her the day she was leaving. AL admits she took JA’s word for it. JM goes into Dan Freeman’s testimony where he had a conversation with Travis about how he wanted her to leave and told her to leave. AL says it’s important but there’s no evidence and JM says: “Assume he came into court and said it.” AL admits that if that’s true it would have been important to her but it doesn’t mean there was no DV.
8. JM goes into the fight before the trip to Havasu (sp) and Alyce does not know who started it. JM compares the journal entry which says the trip ‘didn’t start out very well’ to what Dan Freeman testified to. AL admits (after arguing) she took the journal entry as truthful. JM goes through Freeman’s testimony point by point saying “assume that” after several points proving JA’s journal entry is at the very least, incomplete. It takes a while but AL finally concedes the entry is incomplete.
9. Regarding AL’s contention that JA has never been jealous. JM gets AL to agree (after arguing again) JA may have left her jealousy out of her journal because it was negative.

10. JM goes through what he refers to as a pattern of jealous behavior with JA’s previous boyfriends- from the phone calls to the leaving food at the door to going to see Bobby on weekends (even though he moved to Oregon) and sleeping in his bed uninvited. AL says she just has a hard time letting go. AL does admit it ‘could be the beginning of a pattern.’ JM brings up her confronting Bianca. AL says they just ‘had a talk’ and that this is not controlling or jealousy.

11. JM brings out an exhibit (I believe the ‘continuum’ she made up). He says that it’s not a pattern of jealousy but it IS A PATTERN OF STALKING!

12. JM mentions the text where Travis says he is ‘exceedingly afraid of her stalking behavior.”