Martinez cross examines LaViolette

Morning:

1. JM gets AL to admit that in an i-m with Regan Travis said that he was afraid of JA and her stalking behavior.
2. 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.
3. 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.
4. 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.”
5. 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.
6. 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.
7. 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.”
8. 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.
9. 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.”

Afternoon Session:

1. According to AL’s interview JA knew the gun was unloaded and she said she shot Travis in the closet.
2. 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.
3. 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:

1. JW goes into why battered women’s syndrome isn’t in the DSM 4.
2. JW compares JA’s family history of abuse (limited) with Travis’ (drugs, verbal and physical abuse…)
3. AL goes into her continuing education requirements and how she exceeds them.
4. AL defines ‘Keynote Speaker.”
5. JW says Travis picked women who were vulnerable because they were married, younger, single moms, or chaste.
6. 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.’
7. AL says Stalking is a pattern of behavior and that the person being stalked is in fear and doesn’t connect with their stalker.
8. 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.
9. 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 4^th because he asked her to.

-He contacted her the day after they broke up.

-They fell asleep together June 4^th.

-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.

1. 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

(From: http://mixedbagblog.com)

Juan Martinez cross examines Alyce LaViolette

Morning Session:

1. JM reviews that AL based her opinion of this case on 44 hours of talking to JA and reading numerous documents.
2. JM gets AL to say she did not use the Continuum for this case, then she has to back track as she did use it to describe a ‘range of behavior.’
3. AL misrepresented herself as the Keynote Speaker at a Conference in LA in 2010. JM brought out the conference schedule and nowhere is she indicated as the Keynote Speaker- Katherine S. Connell was the Keynote speaker. AL admits it does not say she is “Keynote” anywhere, but she was involved in keynote breakout sessions.
4. AL admits she never wrote any report for this case!
5. JM points out her method does not require interviews. JM points out: “You’re willing to come into court and give an opinion without talking to Shatanya or Travis.” AL: “I didn’t speak to either one of them.” But she came up with the opinion that Shatanya was ‘vulnerable.’
6. JM brings up her comment that 90% of communication is non-verbal.  Therefore she is 90% wrong on everything she read without doing interviews to confirm her opinions. AL says he is taking that out of context. JM points out that AL has no way to know if Shatanya was just joking as 90% of communication is non-verbal and AL is basing all this on written texts. AL says that Shatanya stopped communicating. JM points out she has no way to know if they stopped communicating as they could have spoken to each other by phone. She admits she does not know if they spoke by phone.
7. Regarding Reagan and Travis’ communication. AL said that Regan was vulnerable, anorexic, and she was asked by Travis to send photos of her in a bikini. JM points out she readily believed everything Regan wrote in these texts but doesn’t believe what Travis wrote about how he had a stalker and that he was ‘extremely afraid.’ AL admits she choose not to believe him, with a qualifier (based on his behavior).

Afternoon Session

1. JM points out that AL made judgment calls on the relationships Travis had with other women based on texts without ever meeting anyone.
2. Back to Snow White- they argue about Snow White being battered. JM points out she also found Snow White to be a victim without ever speaking to anyone (because you couldn’t!)
3. JM says her opinion is subjective. They go back and forth over this, including going into DNA for a bit, but all we have to rely on is her interpretation- nothing can be verified by tests and another person could come up with a completely different conclusion based on the same facts.
4. JM brings up a text where JA told AL one name and apparently told Travis 2 other names. AL points out that Travis may have made a mistake. JM points out that since AL jumps to the conclusion Travis made a mistake and not JA  she is biased. JM also points out that she adopted the story that JA told her about a girl approaching her in the restaurant to tell her about Matt cheating as the truth. (She believes everything that Jodi tells her!) JM brings up that JA told the same story to Travis- that 2 girls came to her in the restaurant and said Travis was cheating. JM asks if that should raise a red flag. AL says she would need clarification. AL admits JA lied after the killing. Still she says Travis is the liar and JA has no ‘pattern’ of lying. (Really??) JM adds that Travis had a right to be angry over her lies.
5. On to the text JA supposedly sent Travis ‘by mistake.’ (Actually to make him jealous). He’s asking for a second text- she stands up to him and doesn’t send it. Then she ‘made up’ another text’ and sent it to him.  AL somehow missed that, then said it wasn’t as important as the way Travis talked on the text. AL implied it didn’t make a difference that she lied as she ‘has no pattern of lying.”

Afternoon Break

1. When AL first met JA she apologized to her! JM says there is no need for a forensic investigator to apologize when they first meet a client and that she felt sorry for her. JM also points out that she bought JA several books. AL says she has done so before.
2. When interviewed by JM, AL told him after meeting with JA she had a ‘good feeling’. JM implies she is biased.
3. Regarding JA’s self esteem…JA was excited to get her IQ tested because she believes she’s as smart as Einstein(!) And she’s signing Manifesto’s because she believes she will be famous. AL says JA’s self esteem wasn’t tested until after she had been in jail for years.

Alyce LaViolette/J. Wilmott – defense direct:

1. Nurmi wants to sequester the jury (the jury is not in the room). He has a problem with Jodi’s parent’s police interviews and Jodi’s Journal. Also has a problem with HLN possibly video taping some of the jurors. Martinez- the jurors say they are not watching any media and will abide by the court’s instructions. The judge says she has asked each juror and they indicate they have not seen anything so she denies the request. Regarding motion for mistrial-Ms. Wong is apparently a witness for the Defense.
2. AL takes the stand. Jury enters.
3. Texts from March, 2008. Travis invites JA over and says to ‘make your self at home.’ Mentions Travis saying there’s a ‘stalker’ around to some women <Sidebar> AL says no evidence of any stalking activity. Late March texts- still a general relationship between them. Travis tells her to empty her voice mail as he can’t get through. <S> Travis communicating with ‘Krishell’ (sp)–graphically sexual- she was vulnerable. Journal (Travis’)- About JA moving to Yreka as good for both of them, he will miss her but wants to get married and move on. He needs more discipline. They argue through texts <S> he’s upset because she hung up on him (because he swore at her). She’s establishing a boundaries on this occasion.
4. April 1-Text from Travis about how he will miss her. He’s apologetic and says she’s a fantastic person. Implying he feels he didn’t treat her right. Fourth violent incident- according to JA. Argument about her interest in 2 other men. He got angry, threw her down and choked her, she passed out. Life threatening- high on abuse scale. An escalation of the physical abuse. She says she started to defend herself but didn’t want to hurt him. Not unusual according to AL. JA minimizes the incidents- typical of abused women. April 7- texts-normal conversation which later turns into the long angry Text from Travis. (“Do not call/text me…”) He wanted the identity of the woman who came to her restaurant and told JA about Lisa. He threatens her – to tell others about all the crazy things she’s done. He was in a relationship with Lisa at the same time as JA .<S> They go into the ‘feel the wrath’ comment- abusive. Texts from the next day- she left a picture which he signed behind. He says she’s ruining his days. He asks her to stop before he seeks revenge. She is apologetic. He says he is trying to save his house. He says if he had done this to her she would cry for weeks. She is trying to calm him down. She tells him she loves him. April 8 he’s talking about JA and Deanna moving so easier to focus on marriage. (From his Journal). He misses Lisa and feels foolish for going after Mimi. April 19 Texts- He feels insulted by JA about his speaking ability. She tries to calm him down. She has physical distance but not a lot of emotional distance. <S> Next day he sends her a nice text about JA is one of the most beautiful <O> He is in a club and he compares her with other women-she’s beautiful inside and out.
5. May-fights. He is the one ranting, she isn’t. JA accidently sends a text to him and he’s upset she’s communicating with another man. Even though they’re not in a relationship. AL- He’s jealous and insecure. He’s afraid of losing her. She’s apologetic. She still cares about him. They agree to stop talking about their intimate affairs with others. He says they should just stop talking. She wants him to stop ranting, but he keeps going…’Times are going to get tough for you.’ She’s ‘sorry’ and ‘loves him.’ He apologizes too. Conversation lasts more than 3 hours. Next day instant messages- about Wayne Dyer’s daughters teasing him about his temper. Travis talks about his temper <S> is far worse. JW reads the i-m to AL. Travis ‘if I could transmute that fury…” AL- Anger is huge energy and can be scary for them- hey need help. They are both acknowledging his anger. Later she talks about her self-esteem. She was the ‘innocent porn star’ who now feels bad about her self. He’s comparing her to 2 or 3 other women, and she has no sexual equivalent, that these other 2 were enjoyable, and a 3^rd whom he didn’t get that far with. These women were before JA. Deception of his claim to being a virgin. Phone sex tape- indicates she still wasn’t fully separated from him. Journal (hers) May 22- The separation is good for them, Laws of Chastity- he gets upset. <S> Their physical relationship has to end. He wants to know who she’s seeing and if she’s ‘getting her kicks’ with someone else. She says she didn’t freak out when he was with Lisa. She tells him she hasn’t been with anyone else. (He’s jealous). She’s more assertive, but still attached. The abusive man has lost more power and so there is more rage. He has ‘undying love for Mimi’ and she’s ok with it. He apologizes. She talks about him positively. Sad that they are agreeing to part ways.

Lunch Break

1.  AL defines character assassination. More than verbal assault- assault on their character…much more harmful. May 26 text- a tirade from Travis to JA. Her ‘sick agenda’ a ‘pure whore’ and a ‘sociopath.’ She does not get angry. (6 hrs. long). Next- i-m’s-he continues with ‘character assassination’ and escalates it. She’s ‘rarely heard’ words like these strung together. (the i-ms last 16 pages). Give examples- ‘What a freaking whore’ <S> ‘corrupted carcass’ ‘going on to the next dick’ she’s a rotten lunatic’, ‘liar’, ‘3 hole wonder’, ‘worthless’, ‘he was a dildo with a heartbeat’…(My Live Stream Cut Out and I can’t find a new one!)

(OK…it’s back) <S>

2.  Talking about Travis suffering from severe verbal abuse as a child. AL- people learn from those who raise them. Need to get some mental health. Back to the i-m and JA referring to sex with Travis and how it made her feel more special. The more she complied the closer she felt. AL ‘men give love to get sex and women give sex to get love.’ Men and women judged differently- women get names like ‘slut’ where men are ‘studs.’ May 26…her journal- she talks about his tirade as ‘classic rude.’ She minimizes it. She talks about their pattern of getting into fights then making up. Says it is happening every few days. She compares Travis to her Dad in athleticism, republicans, rude then nice. May another journal entry about Ryan Burns and the Utah trip (her moving on). May 30- Has a plan for her trip. June 1 mentions seeing Matt and Derryl. She tells Travis about Utah and he’s ‘not thrilled.’ Didn’t want Travis to know about Ryan. Travis ‘gui;t’s her’ about coming to see him. She’s not going to see him. Travis is bothered by it but she reminds him he will be seeing her in CA. soon. Some texts between them- just conversation.

3. Communications between Travis and other women. AL- his ongoing deception. They happen late at night (most). Denise- <S> she is vulnerable. He flirts and makes sexual innuendos. Nicole- in a relationship. He is insulting her about the relationship and also flirts. Lisa- 10-11 years younger than him. She complained about his pushing sex. Deanna- still talking to. Krishell-Married- vulnerable –graphic sexual content. Regan-Flirting and asking for ‘close to naked’ pictures. He complains about an ex stalking him 3 days after he had phone sex with JA and after nice texts. She -Regan- was also vulnerable. Shatania-Vulnerable. Not LDS. Gave her the book of Mormon. Graphic sexual talk..having his head between her legs- something that occurred in the past. He was manipulative. He alluded to suicide because she wouldn’t come over. Eventually she stops contact. March lost Lisa, April lost JA (physically). Still missing Lisa. Maria- LDS. Sexual talk with her- sneaking her out of Grandma’s. He asks her how far they would go before they would have to see the Bishop- she doesn’t want to talk about it anymore. AL- He has a pattern of going for vulnerable women, pushes sexual boundaries. No long-term relationships, many over the internet, also joining PPL. He puts himself out there as a virgin. He has a problem with some women pulling away- desperation. <Afternoon Break>

4.  June 1^st JA Journal- he’s ‘guilting’ her to come, later she does decide to visit him. AL begins to go through June 4^th. Tying her hand to bed, take pictures. She showers, they look at CD’s-m it’s scratched, he’s upset…he bends her over and they have sex (to quell her anger). He wants shower pics- she drops camera- body slam, she runs and gets gun, he comes at her, she through gun wasn’t loaded and she shots and then doesn’t remember anything. AL was retained to see if there was DV in this case. How women cope with trauma- can repress/block memories, minimize, deny. Victims will detach from memories in part because painful and because they want to heal. With JA she was aware of her shame. Wrote and took pics of stuff she never thought would be seen. AL starts to talk about Travis’ escalating violence <S> he has the ability to be rage-full. Fear of partner leaving and powerlessness can turn to anger and rage.

Her opinion is that she was in an abusive relationship and is a battered woman. People are capable of an isolated act of aggression. Back to the Contiuum. JW asks her why she says JA is a battered woman. AL goes through the Continuum. And relates it to JA. Relationship didn’t start out abusive. Is this info all coming just from Jodi- AL: no- reviewed im’s text’s 48hrs, e-m’s, journals, exchanges between Travis and other women and JA. Being sexually intimate makes a difference. He never had issues with Lisa- they dated only 8 months and were’t intimate, no physical violence but sexual pressure and put downs. With Travis JA had a change in personality. Brewer says he saw her change. She maintained relationships with her exes. After Travis she was described as bi-polar (moody). She wasn’t depressed or suicidal before. Not described as a liar.

1. AL sent her 4 books and a magazine subscription. “Do you have a memory proble?” AL: No I don’t . ..Feelings for JA…? No. Was JA ever aggressive or verbally abusive or controlling, jealousy- No”

CROSS:

1. BA in 1969. MA 1980. Did not continue in her studies- no PHD AL: ‘but continued in studies’. No PHD means restrictions- no tests, can’t read tests, can’t score tests. DSM 4-She knows about it-psychotherapists also use. JM-No diagnosis of ‘Battered woman’ or ‘abused woman’.  AL: ”True”. What we have in this field in people like her with experience – clinical interviews- her sitting across from the person who may or may not be a victim-is ‘One of the things I use’. 44 hours was her clinical interview. –“yes”. Interview- are you talking-AL: ‘are you angry at me?’ Is that important to you? Does that make any difference…? Yes or no. It makes a difference how you speak to me. You perceive him as being angry does it have anything to do with your evaluation. <O> …No’
2. Back to the interview- speaking to JA for 44 hours. …other interviews, and all the other stuff she looked at for an evaluation. Didn’t talk to anyone herself. Just read what someone else had written. No guide to tell when battered or abused- ‘That’s not correct’ (ex 558-contiuum) to tell in her opinion-‘ not the only thing “Do you want to spar with me…<S> She referred to it- Yes”. Questions about it and involving the defendant- “Not exactly’- I don’t relie on just this—as one piece of information. Journals-“I reviewed the Journals” Something in the Journal and how it relates to the continuum.  You indicated she never said anything negative-AL-“ I didn’t read anything negative.” You read other journals- Yes”. Nothing negative about the person she killed- no. Nothing negative about herself- She was paid $250? AL: ‘the standard fee.’ Anything negative about herself? AL: ”depressed, felt bad about herself.” From your reading with your memory what negative? Your reading- rightAL:  “yes, I did?” Anything negative? “I can’t tell you specifically” You need it in front of your face to read it right? AL: ”No”. Anything Negative?-AL: “not productive,  feels lousy about herself, not advanced in PPL, not forwarding her goals, I’m sure there are other things.” Giving us a positive view of the defendant as those aren’t that major? AL: ‘not that major.’
3. Only conducted one interview JA- “Yes”. Then left with this roadmap-AL:” Isn’t this a guideline to take us to a post- a guideline you created ? AL: “Yes.” …and you can change it whenever you want? AL: “Yes”. She doesn’t even need to talk to anyone to reach her opinion. Snow White was a battered woman…AL”… If you show the entire you tube video.” That’s the title (AL because it was catchy). Gave a short form in Las Vegas. Also in LA in 2010 “An altered version.” One of the items used is her continuum “Not at all in speaking engagement.”
4. Family of origin-of TA- AL:“Yes” Snow White had family of origin issues…AL:  ”for the perpetrator.” So you see him as the perpetrator? AL: ”Yes.” Use of Grimm’s Snow White fairy tale- AL: “I use the Walt Disney version” Father was King? AL: “yes.” He remarries? AL: “Yes” She’s less that savory with regard to Snow White – abuses Snow White- Father who has failed to protect? AL: “yes.” Snow White not treated correctly? AL: “She’s being abused “  Then she is out- then in the woods. The defendant suffered some abuse-AL: “yes.” Wicked stepmother was her Mom- and Father hit her? AL: “…Yes” One incident where he hit her and lost consciousness.  She did look at JA’s background. JA is sent out ‘into the woods.’ AL: “She chose to leave.” Why did she choose to leave? AL: “…abused and controlled.” She moves n with Bobby J. in less than ideal circumstances. S.W. lived in a shack- “I thought it was a cute cottage”. Other little kids to play with? No- cooking & cleaning? And singing…BJ was not working- providing money for food- “I don’t know what she said on the stand…yes she brought food in. Then the incident with the apple- her and BJ- “yes he choked her and verbally abused’ A violent act? Right? AL: “Correct.” She’s waiting for Prince Charming (unconscious).AL: “well unconscious.”   Then the Kiss right? AL: “Right” …and lives with Prince Charming- balance of power…AL: “she’s queen not sure …” Well he’s the King AL: “…yes more power.” She doesn’t have much power, right? <S> Power- King or Queen? AL:“not the content.” Even if it’s all made up you can still come to the opinion that the person on this fantastical world can be a victim of DV? AL: “That’s not what I say in my speech…not about Snow White being a battered woman.” Using your continuum and by reading this myth we can say Snow White was a battered woman” Judge-“” JM:…using Continuum and a myth we can determine Snow White was a battered woman? AL: “No…”
5. Continuum—columns are not exclusive–….AL: “I don’t know about Snow White….not about child abuse.” Conference agenda dealt with adults? AL” yes it did.” Now you’re telling me I don’t want to talk about Snow White. AL: “No that’s not what I said.” Now you don’t want to talk about Snow White….AL: ”I didn’t talk about Snow White’s intimate relationship with the prince.“
6. She “spoke to adults…about gender…in DV convention”. What you learn as children and bring into adulthood…like TA? “Correct”. Use as a victim of abuse (ex 558). Now disregard?  <O>
7. (Wow—it’s nearly impossible for me to keep up with Martinez!)

Back Monday at 9:30.

The ousted Juror is, according to HLN back in the courtroom today. She is watching the trial from the gallery with the other spectators. (Her statement to the press is in an earlier post on this site).