Martinez cross examines LaViolette
- JM gets AL to admit that in an i-m with Regan Travis said that he was afraid of JA and her stalking behavior.
- JM takes out her Continuum. He asks if Travis’ frightened response indicates he was being stalked. AL disagrees, saying he didn’t behave that way.
- JM points out that after the relationship ended JA moved from California to Mesa, closer to Travis. AL says that’s not an indication of stalking.
- JM brings up the incident where JA was watching him with another women through his window. This indicates Travis had moved on, and that she was stalking him. AL says: “she tried to go through the garage… and she immediately left.” JM points out she had to be there for a while watching to see them kissing and the bra strap undone. (AL waffles…) AL is admonished by the Judge for not answering the question. JM asks AL: “To go to an ex’s house and in the window…stalking?” AL: “No.”
- JM points out that there is nothing in JA’s journal about her peeking in the window. AL just says it is incomplete. JM deduces that therefore her journals are not a complete picture of the truth. AL gets in that Travis was talking to other women. JM points out that AL is making that sound like a ‘really bad thing.’ AL says: “Not at all” in her most condescending voice.
- JM manages to get in that Lisa was the aggressor with Travis and he actually refused her advances at first. Also that AL never spoke to Lisa.
- Al says that JA going over to speak to Travis the day after seeing him with someone through his window is “Not stalking…when I look at everything.”
- After this the stories about abuse start. Regarding Travis throwing her down…AL admits she could have just left. Then the incident in the car- no reports of it anywhere. Not in her journal. AL says: “That would make sense.” and JM says: “That’s because you’re biased.” AL says every man in her group would say Travis was abusive. JM asks if she bases her findings on what the men in group say.
- Dan Freeman testified that Travis asked JA to ‘Move away’ at the end of January. AL has not heard this.
10. JM points out that the story JA told about pedophilia and the threat to tell others is another form of stalking/abusive behavior. AL calls it ‘blackmail.’ She says people being stalked have behaviors regarding the stalking. JM asks if Travis asking JA to move would be a behavior in response to stalking. (AL goes off on not seeing a pattern…)
11. JM points out that despite all these incidents of stalking she chooses not to believe it, but she does believe JA is abused based on her word. She says stalking and domestic violence are 2 different things.
12. JM brings out her continuum. He points out JA’s family history:
Dad-lies, sexually inappropriate, mean, controlling, pushed her.
Mom-beat w/spoon, screaming at her.
AL admits these are family of origin issues.
13. AL says she: ‘misspoke’ three times telling JM in her November interview that Travis was looking at pics of boys on the computer, even with her notes present. She says it’s not in the journal because JA promised not to write negative things. JM says that this is always to JA’s benefit, and there’s no corroboration. AL says there is- in the sex tape. JM says no corroboration but she still believes JA regarding the pedo incident and AL says: “I believe that.” She says he talks about “Porking (I think that’s what she said) a little girl in the sex tape” and “orgasm like a little girl,” and then asking her to wear “Spiderman underwear.” JM asks if she knows who Cameron Diaz is and that Travis was into her. AL has no idea. JM says: “So far there’s no interest in little boys?” AL says: “No.”
14. JM brings up the incident where she told Travis she was moving and he supposedly hit her. AL admits there is no proof but JA’s word. JM says there is no proof of Travis being stalked just like there is no proof of JA being abused.
15. AL admits Travis saying he felt like a ‘dildo with a heartbeat’ is ‘not a good thing.’
16. JM breaks out the continuum again and aligns the ‘dildo’ comment with humiliation and degradation. He gets AL to admit you do not have to have every qualifier on the list to be stalked. He lists (pointing out these are on her continuum) that JA made Travis afraid, sexually degraded him, and had a poor family of origin. He says: “It does appear the abuser was the defendant.” AL: “Not at all…not in my assessment.”
- According to AL’s interview JA knew the gun was unloaded and she said she shot Travis in the closet.
- AL says JA told her that the knife was used to cut the ropes after he tied her up and then left on the nightstand.
- JM goes into the text May 26 and lists some of the comments like ‘You are a sociopath’ and ‘you only cry for yourself’ and asks if there is any reason to believe he’s not telling the truth. She says it’s just an argument where they are name calling. Again JM points out she believes JA’s words but not Travis’. She admits she doesn’t know what he is angry about. JM reads: “You are the worst thing that ever happened to me” and says “and that is true in this case.” (It is stricken from the record).
Re-Direct by J. Wilmott:
- JW goes into why battered women’s syndrome isn’t in the DSM 4.
- JW compares JA’s family history of abuse (limited) with Travis’ (drugs, verbal and physical abuse…)
- AL goes into her continuing education requirements and how she exceeds them.
- AL defines ‘Keynote Speaker.”
- JW says Travis picked women who were vulnerable because they were married, younger, single moms, or chaste.
- They go into feeling jealous (common) vs. a pattern of jealousy (used to control). Also that JA had a hard time breaking up but she ‘wasn’t jealous.’
- AL says Stalking is a pattern of behavior and that the person being stalked is in fear and doesn’t connect with their stalker.
- JW points out that the same day Travis complained about a stalker he was texting JA. And JW points out he was in contact with 3 different women that day.
- JW goes through the following examples to prove Travis was not afraid of JA:
-He texted he ‘loved her’ in January.
-He took her on 2 trips.
-They were in constant communication.
-They made a sex tape.
-He texted: “Let yourself in.”
-He called her pretty “inside and out.”
-JW claims JA went to his house June 4th because he asked her to.
-He contacted her the day after they broke up.
-They fell asleep together June 4th.
-He let her clean his house even if he wasn’t home.
-He asked her for some nude pictures-He threatens her (to tell everyone she’s ‘crazy.’) (JW says this is nasty and untrue.)
-He’s jealous when she sends a text to another guy to him by mistake.
- 10. JW claims JA would not send a text to incur Travis’ wrath.
11. JW claims JA does have a high IQ but that it doesn’t affect her self esteem.
12. AL says just because her journals don’t include every detail they are not incomplete.
13. JW points out that if JA wanted to she could have lied about being abused to prove her claim. She then has AL go into all the reasons why women ‘don’t tell.’
14. AL says JA showed her the broken finger.
15. JW goes into the argument about the back-pack and how Travis said harsh words and chased JA upstairs.
16. They go over Travis telling JA to tear out journal pages.
17. JW says JA never wrote all the bad names Travis called her in the journals either.
18. AL says she doesn’t take every case and she wouldn’t take cases if someone’s lying to her (or not enough time, or not enough info).
19. AL said she apologized when she met JA because she felt she had invaded her privacy.
20. Regarding truthfulness-The childhood friend was a long time ago, the manager at Purple Plum was 20 years later, and her Dad calling her a liar, well all teens lie.
21. JW says Travis was not sexually degraded because:
-He wasn’t uncomfortable with Lisa-she felt used
-The phone sex tape
-He did oral on her first time –she was the one who was uncomfortable.
Resumes tomorrow at 10:30