Tag Archives: juan martinez

Juan Martinez Closing Argument-Part 2

  1.  (31) Money is tight, she needs to use credit cards. People can’t link her to Arizona. She calls Derryl. He still has feelings for her. He gulped before talking about the call where she says she’s going to Mesa. Alyce has the same in her notes. She needed gas cans. Alyce thought it was supposed to be an unplanned visit.
  2. Utah- Ryan…no one will know she was in Arizona. Gets 2 gas cans from Derryl. Rents a car from 90 miles away. Says Priceline didn’t offer same deal in Yreka. Her bank statement says she used Budget. She used Priceline for the flight to Travis’ Memorial. She lied to you. People won’t recognize her in Redding. Won’t be recognized at an airport. Gets a nice little red car. Says she’s just driving ‘around town.’ Red gets the attention of police and we certainly don’t want that. She’s on a mission to kill somebody. Why would you take a gun if not to kill this guy?
  3. They have sex down in the office. She scratched the CD- he throws it. He gets mad at everything! Why take these CD’s? To show who- other than him? She planned it- it’s a good way/excuse to show up…’the only reason I dropped by…’ She left Yreka with the CD’s but forgot when attempting to manipulate from the stand. She had to take those CD’s from her house then put in her car then in rental.
  4. The red car- police will see her. She was stopped by police in West Jordan. Wants to hide she’s going to Mesa because she’s going to kill him. Nobody would be upset if she showed up in Mesa…not the Bishop, not her family. Only reason is to kill. She makes preparations…you gotta tip your hat to her. The white car- gonna drive around…a field of lies sprouted around her on the witness stand.
  5. Spends a night at Matts, then Derryls. Got gas cans. Gas cheaper in Utah, Arizona- that was one of her reasons…so why fill them in Pasadena? For taking the drive to Mesa with no evidence she was here.
  6. Takes a detour- with some afterthought. A meticulous approach to killing. Buys a gas can in Walmart. Admits it. $12.96…I guess that’s the price of pre-meditation today. She is very specific: “I took it back to the same store that day.” JM: “Would it surprise you there’s no record of a return?” JA: “Yes it would, I got money back.” Why did she you tell you that? It’s pre-meditated…going to Mesa with a gun and knife. Knives are not in the bathroom.
  7. She doesn’t want to be recognized. (He puts up pic of her with dog, her hair has blond streaks). You don’t need anybody to tell you her hair color believe your eyes. She’s pre-meditating the murder. The state doesn’t even need to prove a whole plan like this, just that she thought about it. Now she can freely drive through Mesa.
  8. ‘Mr. Alexander guilted me into coming.’ Not her fault. She told him she was going to Utah. Problem is her word. Do we really know what he told her on that call? Or did she call to see who’s there and what he’s doing? Did he even know she was coming? Are you gonna take her word- she has no problem telling lies. ‘Yeah I was fakin’ it’…Squealing like a cat…’because I need 2 hands.’
  9. She lies outside the courtroom and on the witness stand.  She looked each one of you in the eyes and lied to you. Gas cans, Priceline, the finger- he kicked me (but no medical).  Cut at Casa Ramos or Margaritaville on a metal edge or a glass, or June 4th at Travis’ on a glass. What story are you gonna believe?

10. Something bizarre and coincidental – a hoard of skateboarders that carry screwdrivers (or you’re not allowed in the club). Get a Strawberry Frappe and things will happen to your plate. ‘I was pulling put and saw something flat on the ground. What would motivate you to go pick it up if you’re concerned with safety and you don’t know what it is? She didn’t even look at the back plate. Then it was a rectangle. No suspicion it’s for your car- why get outside of car and go back? When you’re lying – that’s when you do that. She didn’t compare the numbers, she takes it so now you’re a thief. In Utah one is upside down. So she can’t be identified. Can’t see because I need glasses, picks it up with bugs on it…thought it was mine. Who does that? No one does that! Because she got stopped and has to explain, so she made up a story.

11. Fills cans in Pasadena to get enough gas to get through Arizona. She said she stopped for gas. There is no evidence of it. She turned off the phone so she can’t be traced. Lost the charger…bought one at a store (that’s what she told Ryan) when cleaning up (from killing Travis) she found the charger under the seat. There is no electronic or physical  trail of her being here. She knows she was coming to kill him. No need to stop the phone, she loves the phone. Has a white car, gun and a knife.

12. She shows up to see him. She admitted she lied like that’s good. She knows the code 0187. She didn’t knock on the front door or peep in the back window. There’s no indication he came to the door.  It’s 4 am. Remember she said ‘I came in and stood by the door and watched him for 30-45 seconds.’ Who does that? Some stalker- unannounced- to surprise. The dog barks. ‘Hello.’ Brings purse in- big enough for gun and knife. They go to sleep. No sex? The sex fiend? ‘I was tired.’ She said no and he abided. They slept. The next day they have sex. Dr. Samuels says the photos were taken when she was straddling him. She tells him Travis had pictures of all these breasts on his computer.

13. He didn’t go to Yreka, she drove there. The camera- Thank God for the camera! Religious overtones. It’s all about him nothing about her. About the Mormon faith- she wants to manipulate you. He’s holding himself out as a virgin. With Deanna they transgressed and went to the Bishop and never did it again. The willing partner is right here…1 hand or 2 hands…she enjoyed it. (Shows pic of her naked on bed) Her face- can you tell by her grimacing face if that’s a bad face? The psych’s said that. It’s all about Travis. She never wanted to do it- it was all him. She was enjoying it so stop pointing a finger at him! Being a Mormon isn’t being a human? The finger points at both. That’s not what this case is about. Travis adopted what she provided (KY) what she introduced.

14. Shower pics- she says Travis wanted to show off his body.  She told Detective Flores that he really didn’t want to, he was reluctant. She told him she loved the way he shaved- old fashioned. She got him into the shower- it was more her idea than his. Think back to Derryl- he was asked if she ever took photos of him and he said only once, ‘I didn’t want them, I was in the shower.’ She takes photos…sexy…ill will there. Armed with both the knife and gun at that point. It’s ‘Calvin Klein’ the water dripping…it’s bucolic. That’s not what’s going on.

15. The rope. 20’ long tied to the bed. Depends on who whether tied at wrists or ankles and wrists. She’s making it up to justify the knife there. Why ankles? Then wrists and ankles? She changes positions- she has a lot to remember. There’s NO ROPE! She would’ve had to move to clean up the bedroom, wet with water and blood and go into bedroom and leave a trail. Nothing’s there.

16. The last photo of Travis (seated in shower) while still living. Quite a legacy. Defenseless- no gun, no knife. No dignity either. If anybody’s defenseless it isn’t Jodi Arias. His killer standing there dressed with a camera. Part of this story of hers is this is an accidental photo but look at the acuity/sharpness. She held camera firmly and pushed the button. She has him in that position, she can approach him. It’s her with the man she just had sex with and planned to kill May 28. Although pre-meditation requires thinking, not a plan, not days. It’s cold, without feeling pre-meditation, intimate with and attacks. Shot to head? Forensics say otherwise.

17. She lied to the police, the experts and here. Now we believe her with this one aspect? The cuts (knife) were in front, defensive wounds. He was alive. A knife wound to the heart, he’s not dying immediately, blood’s coming from his mouth. In a sense she’s already killed him. We know he gets up because throughout the bathroom everywhere there’s blood- that equals movement. Not ‘flopping if the fish’ but purposeful movement to save his life. As this time goes by there’s pre-meditation. After the first stab wounds he ambulates (she didn’t carry him to the sink) he goes there by himself. (Photo of the blood on the sink). The sink with his blood after he’s been stabbed. There’s patterns on this photo, injuries to the hands, more on the left…the smudge. Slight injury to right hand. He’s still alive but he’s still bleeding. There’s drops by gravity. Blood in his mouth. He’s stabbed in the back while there (pics) and the back of the head as he stands at the sink. Took time…he stood there. The defendant was there with the knife stabbing him. The mirror has blood spatter. Force was applied to his head (pic) when he was standing there- spatter on the mirror. He’s not dead. Still standing there. She came to visit him. (Pic) Blood transfer…the item with blood was Mr. Alexander. It’s a rainbow. Ironic, no good luck at the end of that rainbow.

18. He’s stumbling with somebody after him. He’s trying to get away from her. (Juan sees JA crying) Oh, she may cry now on instructions sympathy is not to be considered. Blood on the other wall, more at the bottom. She chases him down, that’s what she did. He’s still alive. How many stab wounds? Do we need to count? One to the chest will kill him. The back of the head, his back, accelerating his departure from earth. The end of his rainbow. That’s what she does (pic) slits his throat from ear to ear. He got there by his own movements as he tried to get away from her. He collapses. She goes for the throat. And you want to believe she doesn’t remember now? Why is she so directed if it’s just heat of passion? You wouldn’t have a directed hit to kill it would h=be all over the place. Indication of thinking. I caught him and now (pic0. This was a well orchestrated killing and it took time. People think…now stabbed, he tried to get away, at the sink, the mirror is reflective of what’s behind him. He’s seeing her stabbing him. She’s not done with him yet.

Juan Martinez Closing Argument-Part 1

This is a not a transcript I have paraphrased. Please try to watch as the dripping sarcasm and tone of Mr. Martinez’s voice are important. I will post in 3 parts.

  1. Main themes: JA is a manipulator, a liar and nothing is her fault.
  2. She looked at the jurors and lied directly to them (re: gas cans).
  3. Relationships- She manipulates the facts. She moved in with Bobby (who cheated) and I was so good (sarcasm) and lived in a trailer (never mind I was skipping school). She hits the backspace button to read his private e-mails (not her fault there isn’t better security on the computers in the library) just as she did with Travis. She immediately went to Bobby and confronted him.
  4. This individual killed Travis and even after stabbing him over and over and slashing his throat and even after shooting him she will not let him rest in peace. Now she uses lies.
  5. She staged the scene for the police.
  6. She uses the media, craves the limelight. She autographed her manifesto for when famous. Said: ‘No jury will convict me.’ Now let’s bask in the light of the truth. See who she really is. A manipulator. She wants to play the victim even though there’s no abuse. Her own e-mail said she was destructive.
  7. After Bobby she got with Matt. It’s not her fault she’s a good worker, a waitress and someone comes in and tells her things (what she wants you to believe just like with the Travis’ story, it repeats because she’s lying. She’s trying to manipulate you.
  8. Derryl- not her fault he doesn’t want to marry or have more kids. How can it be her fault that people have free will? She looks for someone else. Those Mormon boys are a good catch- family values, successful and to Travis’s misfortune he was that boy. Wanted a Mormon, a child- perfect catch.
  9. He (Travis) was so sexually interested in her (not her fault the word ‘No’ is not in her lexicon). She was thinking ‘No’- at least that’s what she told you. Never communicated to him. Manipulates and pretends to be the victim. She can’t point the finger enough that Travis was a bad Mormon. Why not leave if he is so bad? You are Mormon too.

10. She converted and had classes/met with missionaries. Not her fault they didn’t tell her (Law of Chastity). Travis is the bad guy- he said it was ok. In conceivable- she’s in the same situation. She wants your sympathy.

11. This relationship was long distance. She couldn’t reach out and shot him in the face. She stalked him and showed up unannounced.

12. They weren’t mutually exclusive so it’s ok to send texts to other women. But it’s ok after his Memorial to talk to a guy on the airplane and get a phone number. After all, the guy she was with up and died after she stabbed, slit throat and shot him.

13. Travis did see her and have sex. They are trying to shock you. He does what others do behind closed doors and he doesn’t want people to know.

14. On Feb. 14 she talks about her violent tendencies. One of the things she doesn’t talk about is receiving the package. It’s 4:30 – 5 pm (if mail is slow in Palm Desert) and there’s no mention of Spiderman underwear, no ‘Thank you’ for the chocolates, no such delivery. It can’t be verified- but she will make things up. She forgot about the e-mail. With the truth you don’t have to remember nothing.’ She can’t show the undies…she threw them away.

15. When she came over in Feb. she was ‘happy.’ Why did she have to go through his computer and hit ‘back-space?’ It’s not her fault, it’s his fault he has contact with men and women and how dare he attempt to spend New Year’s Eve with someone- he should be in a hut somewhere.

16. They are on vacation. She goes through his phone. One of the things she liked about him was he was social. There’s no names of anyone having sexual contact with him at that time. So that justified it, this person with borderline- so that’s it. We’re gonna break up (and she’s oozing through those fake tears on the stand) – yeah, I’m really hurt but let’s go on vacation anyway. She wants to curb his free will. But she’s not letting him go that easy. She moves close to him after the break-up. The stalking begins. Well, before she did the phone and the computer the first day they were officially boyfriend – girlfriend. There was stalking behavior from the beginning.

17. She’s in Mesa. Why is she here? He’s so persuasive he talked her into it. She just can’t say ‘No.’ According to her he asked her. When here rather than dating and being social she begins to be more attentive, perhaps then she’ll be the only one.

18. August 2007 she goes to his house unannounced. Peeps in the windows. By the light of the TV (now the light of truth) she sees them kissing. That is the end of the world. So what? He’s entitled to do it. The lights are off and he’s moved on. She could’ve left or never come in the first place. She’s so upset- sees the bra unhooked…so what is she? The Mormon conscious? She wants to manipulate your perception. Ruin his reputation. She comes back the next day (they are broken up) it’s ok to peep but she wants an explanation. What explanation did he ever owe her at that point?

19. The first domestic violence (DV) event she didn’t write because she’s a nice person. Or the Law of Attraction. You lie. It’s ok to lie to your journal- you’re lying to yourself. She’s making it up. There’s no corroboration of any incident.

20. Exploitive sex. She regaled us with these intimate details but she’s ‘uncomfortable?’ In the texts she’s the one requesting the sexual acts. ‘If you’re good…’ They were both in it. He never forced her to do anything. It’s an attempt to manipulate you.

21. The physical violence ‘wasn’t so bad’ so she didn’t write. No one knows, sees, no police calls – had a similar situation with Bobby and after calling 911 they didn’t come out. Justification. No 911 calls. Because it never happened. Everything in this case points to it did not happen. No medical records.

22. March 2008 she’s leaving and he hits her. In journal he ‘didn’t want me to leave’ and ‘gave me 3 tender kisses.’ Kissing is domestic violence. Then an apologist like Alyce LaViolette says: ’those words don’t mean what they say.’ Law of Attraction- it means just the opposite.

23. Jan. 22- DV – no corroboration. Says in journal ‘nothing noteworthy has happened.’ You are being asked to make a leap.

24. April 2008 another DV incident. She doesn’t tell anyone. She was very specific as to 4 of them. If telling the truth you don’t need to remember nothing. ’She told Dr. Karp there were 10, 15, 20 incidents of DV at that point for PTSD. What’s true? None of it is true. She’s manipulating the evidence. Karp said she had PTSD based on these DV acts. Not actually an attempt to manipulate- they are lies!

25. She moves and it’s like a ray of sunshine for Travis. When she was here she came over unannounced, broke into accounts and hid behind his Christmas tree.

26. May 10th– the sex tape. It’s very important to hear how she deals with him. He doesn’t know he’s being recorded. He can’t listen to it so what’s the benefit? Yes, he said some things, it was a private conversation between he and her even though they were broken up and she had stalked. He enjoys the sexual contact. She introduced him to certain things and opened his eyes sexually. What’s wrong is one is recording it. You can listen, draw your own conclusions. She kept it.

27. May 19 2008 Travis i-m’s Regan that he’s ‘extremely afraid of Jodi because of her stalking behavior. He has less than a month to live. He knows what’s going on between them. Alyce said it wasn’t true. She can read minds from the past and know what Travis is thinking. No- Jodi is manipulating. It says: ‘Jodi-read this.’

28. It was pre-meditated-who would know better than him? The peeping, tires, ring stolen, Christmas tree.

29. May 26. Well, he’s mean to her. That’s correct- he’s extremely afraid when those names are called. ‘I’m nothing more than a dildo with a heartbeat’ that’s how she made him feel. He feels derogatory to himself. She manipulates with sex. May 26 he tells her. She apologizes to him and all is supposed to be forgiven. He’s had enough. “I don’t want your apology, I want you to understand what I think of you. He’s afraid and he does think she’s evil. And look at the next words- how prophetic: ‘You are the worst thing that has ever happened to me.’ Any doubt that’s the truth? Do we need to look at pictures of his slashed throat? His frog-like crumpled up state in the shower- bullet in the temple? Yes he’s angry over everything she’s done to him. Like she‘s manipulated you with the gas cans- she lied. Then he says ‘you are a sociopath’ that expresses his feelings. ‘You only cry for yourself- you saw her cry on the witness stand. She never expected to get caught!  ‘You have never cared about me…you have betrayed me.’ He believes she has done something horrific. He’s done with her. ‘You’re sick and you have scammed me.’ Are you going to allow her to scam you- buy the lies?

30. May 28 (2 short days after) there’s a plan. No doubt she’s intelligent. She could buy a gun but in California there’s a waiting period. She indicated it. Knows her grandfather has guns. Begins the actual steps to Mesa to kill Travis. There’s no other explanation- she stole it, a very small gun ‘looks like a toy.’ The burglary was strange- they went through four rooms talking one thing from each room. Didn’t take money, left the large guns – rifle. Burglars don’t do that. The burglar is Jodi Arias sitting right there (points) and she needs a gun that can’t be traced. She began to take these steps after the text where he had had enough of her.

Arias Trial 5/1 part 2 (includes JM’s cross)

Afternoon Session

  1. JW goes back to his credentials- what National Organizations he is affiliated with.
  2. JW asks if he knows anyone from this case- he know Alyce DeLaviolette. They are colleagues. They do not work together.
  3. In this case he did not discuss testimony with anyone. He just went over the tests and reports mostly by Demarte and Samuels.
  4. She goes into some of the cases he has had prior problems with and they are mostly in the appellate stage when he has been through with the case. There was nothing unethical. Some testimony was struck.
  5. He is a Diplomate in Neuropsychology so he’s trained in brain function. He has seen 3 projectile frontal lobe injuries that did not incapacitate. He reviewed the ME’s report and since the membrane around the brain was not damaged he does not se how the brain could be affected. JW says the ME even said there was ‘No apparent injury to the brain.’ (This is news to me!) He also says the motor strips would have had to have been affected to lose motor control and they are too far back.
  6. The Dr. says he did not diagnose this case, he focused on records- not enough info to diagnose. He says Dr. Demarte doesn’t have adequate training/understanding of the tests. He cites not knowing about summary scales, the TSI 1 instead of the TSI 2, the TSI to diagnose BPD, floating profiles (outdated). He does say JA has consistent anxiety and trauma over the years.

 

J. Martinez is up:

1.  JM gets out a judge called him a ‘hired gun’ and it was at trial level—not appellate. That judge found his testimony ‘without merit.’ In the O’Rourke case the Dr. gave an opinion without speaking to the father (in a child custody case). In the Clark case he ‘lacked credibility.’ (See these cases cited in my earlier blog ‘What’s Wrong With Dr. Geffner.’) JM accused him of making things up. The Dr. admitted some was based on hearsay. In Hawaii some of his testimony was excluded.

2.  He admits knowing Alyce and co-editing her book.

3.  He does get his salary while in Arizona. JM says he will still show up to court and make things up.

4.  He’s been on the case since Nov. 2012, and then it was dropped until he came back 2 weeks ago.

5. They argue over the floating profile. The guy who came up with the test actually said in an article that the floating profile is frequently an axis 2 personality disorder, and that is most often BPD. The Dr. says it has been re-labeled. They argue over whether you can use the MMPI to diagnose BPD.

6.  There were signs of possible malingering and over-reporting on the test. They go over all of the elevated scales (we have done this at least 4 times- they are in an earlier post).  The most interesting ones elevated are ‘psychopathic deviant’ and ‘schizophrenic.’  <<Break>>

7.  JM cites a study where they took 61 people with BPD took the test and they had the same profile as JA. The Dr. does not agree.

8.  They go into the TSI tests. They argue because Dr. Demarte didn’t do the summary scales (which are, after all just summaries). JM implies if you’re smart enough you don’t need the summaries…you can do it yourself. They are not required (Dr. agrees). He doesn’t know how he knows she didn’t know about the summary scales. (I am losing it…) JM ends with: You need a summary? The Dr. starts to answer and says: “No…” and JM cuts him off with: “Thank You.” 

9. They are talking about the TSI being for trauma and the MMPI for personality. The Dr. starts to get into the area of the questions regarding sexual disfunction: # of partners, unprotected sex….

10.  Dr. Brier (sp) identified 89% of BPD patients with the TSI test- and he developed the test. Goes against what the Dr. said. The Dr. does not want to back down he says it is not for diagnosing.

11. JM asks how many times he’s gone inside a brain and looked at it?  ‘Zero.’

Ever do/been at an autopsy?  ‘No.’

12. PDS test has no validity scales. Is it important that you’re truthful about the trauma? ‘It is of importance.’ The Dr. says he only fills out forms for the impaired. If filled out with no trauma still valid? ‘It would be questionable.’ Is sitting and talking to take this test a red flag?  ‘Yes.’

13. JM shows photos of skull injury. The Dr. has nit seen these. Asks if he can tell the trajectory…he can’t. His opinion is based on ME’s report and his background. JM asks: “To understand you would go to an expert?”  “Yes.”

 

JW is up:

  1. She goes over the court cases…he testified against the judges ‘friends’ and there were complaints about the judge who retired after the case. In the Clark case his affidavit was limited due to time. The 3rd case he was told he had excellent credentials.
  2. The money made today goes to the institute.
  3. ‘Floating profiles’ is not used , it has to do with pain.
  4. You don’t diagnose with the MMPI. BPD and PTSD have some similarities.
  5. The malingering could be a ‘cry for help.’
  6. The high schizophrenia could be alienation or lack of ego. The psychopathic deviant could be impulsivity. The MCMI would be a better test.
  7. The Brier article is old (2-3yrs) and is about chronic pain.
  8. He is relying on the ME’s report. The membrane is intact so how could brain be affected?
  9. On the PDS she could have exaggerated but she didn’t.

10. ME said where the bullet entered and stopped. It’s possible it didn’t go through the brain.

Arias Trial 4/25

Rebuttal- Martinez

  1. Dr. Horn, the Medical Examiner is up. If the gunshot was first it would have been immediately incapacitating. Travis could have gone a step or two and then lost consciousness in seconds. JM shows many of the autopsy pics including the throat slash. The Dr. says after the shot there would be no holding onto someone, no attempt to defend, no grabbing at the knife or raising of his hands (his hands have defensive wounds), no crawling away, no walking to the sink, and no walking down the hallway.
  2. Willmott establishes the Dr. has done over 6000 autopsies, many gun shot wounds. A 25 caliber gun is not that powerful, the bullet didn’t exit as it was stopped by bone. Also he was shot from a few feet away- so even less force. She gets him to say it wasn’t immediately fatal- but was immediately incapacitating. A shot to the face can make you bleed through the nose. She tries to get the Dr. to say he told Detective Flores that the bullet would not have been immediately incapacitating. He doesn’t recall saying that. She points out he did say something to that effect in testimony- he admits he did but immediately corrected in the very next statement. Willmott tries to get him to say there was no injury to the brain and he says that you can’t see it because of decomp but that it is ‘simple geometry’ the path the bullet took. The knife wound to the vena cava is from below- Willmott points out- so from someone shorter.

 

Jury Questions: (paraphrased)

1.  If shot and bleeding from the nose and mouth wouldn’t there be blood on the bathroom floor?    Yes.

2.  Could you be mistaken that Travis could still ambulate (after the shot)?   No.

3.  Is there any way Travis could have still moved well?     If the bullet had not passed through his brain.

4.  How do you know he was still alive when his throat was cut?    The amount of hemorrhage requires a beating heart.

5.  How many cases have you had with a 25 caliber gun?   At least 100-200.

 

Martinez:

1.  If the bullet was the first wound would it be immediately incapacitating?   Yes.

2.  Is there any situation where a bullet goes through the frontal lobe and you are ambulatory for several minutes?    Only if you were already walking and took a step or two.

3.  If you are shot and already on the ground could you get up and walk around?   No.

 

Willmott:

1.  If still alive when the knife wound was made there would be quite a bit of blood in the hallway?   Yes, an injury of some kind happened there.

2.  The gunshot went from right downwards to the cheek?   It could be deflected.

3.  With the neck wound within seconds he would not be able to hold up his head?   Yes.

4.  After the neck wound he would have been lying flat?  Depends on where they are (he gives example of if in a chair they might stay up).

 

***According to Chris Stark on Twitter the judge has excused juror #8.  He is described as the ‘Dad’ type with a goatee who took lots of notes. Jurors are asked to be back on Wednesday, May 1 at 9.  We expect the Defense surrebuttal witness Dr. Robert Geffner that day. He is an editor for Alyce DeLaviolette and works in domestic violence. Vinnie Politan just tweeted they brought a bomb sniffing dog in today! 

Finished- 4/18 summary (with juror questions)

(#18 continued)

-Identity: JA changes the way she looks; implants, hair color, to fit in. Changed religion in 2 months after meeting Travis.

-Suicidal Ideation-In her journals.

-Instability: She has quick changes in emotions-all her men saw this.

-Emptiness: She told JD she often felt this way.

-Intense anger: Breaking door and windows, In journal she says she has hate inside of her. Though 1 anger score was los 2 others were high.

       19.  Travis was angry in the e-mail because she had invaded his boundaries and       lied.

      20.  JM asks if JA was a victim of abuse. JD says there was no pattern of abuse.

 

Juror Questions:

1.  How many forensic cases have you worked on?   I’ve been working on them for several years.
2.  How many times have you testified ?   3 times.
3.  How many cases involved abuse?     In my general practice it’s common to have abuse involved. For forensic cases I’ll need a second to think…
4.  Hypothetically if a person suffered PTSD from a bear attack while hiking would you throw out their PDS test if they lied and said it was a tiger?     Yes- those would be different events. A lot of time with PTSD is there are triggering events that remind them of the trauma so a bear and a tiger would look different, smell different, act different. The subsequent symptoms would be associated with those variables.
5.  Would the person be answering the question the same whether they called the animal a bear or a tiger?     They would be answering it very different.
6.  Do you believe absolutely that it is possible to remain purely unbiased in an evaluation once compassion creeps in?    I do think it’s possible to remain unbiased.
7.  What types of people are at risk for having Borderline Personality Disorder?    Anyone’s at risk but there’s a higher rate in individuals who have been exposed to trauma and neglect in their lifetime. One of the things that’s often talked about is this idea of constantly being invalidated by family members. For example if a child gets hurt and is crying, an example of invalidation is a parent saying: “you’re not hurt, you’re fine” They’re invalidating their feelings. That increases the chances of developing BPD if it happens frequently throughout their childhood.
8.  Do you feel ‘mark my words no jury will convict me’ is part of borderline personality disorder especially since she is smiling when she says it?     That’s a sign of immaturity that I talked about before. These kinds of immature statements are often seen in people with BPD.
9.  Wouldn’t taking the camera rather than leaving it show more organizational thinking capability?    Both are an example of organizational thinking, just different types of organization with the goal being to hide the evidence.
10.   When asked by the defense about efforts to avoid real or imagined abandonment you stated you had other examples for this category that did not involve Travis. Can you share those examples?
Throughout her diary she used the word abandon ‘I feel abandoned’ She made that comment at least a couple times with other boyfriends. They would cheat on her and she would continue in that relationship and subsequently befriend them despite being treated in that kind of way.
11.   Do you think trying to delete photos and washing the camera as an attempt to destroy evidence?   Yes, it gives the impressions that she was trying to destroy evidence.
12.   If you had not seen pictures proving the evidence was recovered from the camera, would you have viewed this as an effective attempt to destroy evidence?
Yes, my knowledge of cameras is that it would be destroyed if you put it in water.
13.  In your opinion is it normal for a person who is incarcerated to be depressed and have anxiety?    Yes, I’ve worked with many individuals who have been incarcerated. It’s not something unusual.
14.  Do you consider Arias shooting; stabbing and slitting Alexander’s throat a traumatic event?    It depends on how Jodi reacted it to it. If she had this horror and fear associated with it then yes, I would consider it being associated with PTSD.
15.  Why didn’t you re-administer all the tests that the previous experts had given?    I felt like the tests that I gave answered the questions I needed.
16.  Do you know what the differences are between the TSI1 vs TSI2?   There’s a slight difference but I’m not that familiar with it
17.  Regarding the PDS answer sheet, do you know whose handwriting is on it?     No, I would have to assume…
18.  Do you see any issues with Dr. Samuels filling out the answer sheet and possibly summarizing?     Yes, the only time that should happen is if there’s an impairment  (physical handicap) that prevents the person from filling it out themselves. .
19.  Does it cause concern that the written answers appear to be answered by someone who is familiar with psychological verbiage and not layman’s verbiage?
Yes, that’s very concerning.

 

JM is up:

  1. He asks how many forensic cases she has worked on- JD: around 75.

JW is up:

  1. JW says staying in relationships with cheaters could just be low self esteem.
  2. Anxiety and depression could be jail is not uncommon. JA still scored high on those when she did the TSI for before jail.
  3. They go over why JD didn’t use the newer version of the TSI- her workplace had not purchased it. She has only done the TSI one other time since.
  4. JW gets JD to admit if the data is transferred correctly it may be okay to hand write the answers and transfer them to the answer sheet.

Arias Trial Summary 4/15

Hearing Motions (no jury present)

  1. Grace Wong from In Session takes the stand. She is asked about whether she recognizes the faces of the jurors – she does. They show the story with JM taking pics and signing one autograph. She did not see any jurors present.
  2. Next up is Bryan Neumeister- a video/audio expert. Nurmi goes through his credentials. They bring up the picture of Travis’ face in the shower. He has enlarged it so that he claims he can see JA standing with both hands on the camera a few feet away (and no knife). The picture has lines drawn in by Neumeister to make the image clearer. He says it looks better in his lab. JM says he sees a dog and the picture is subjective. Nurmi claims it proves JA was telling the truth. JM doesn’t want the pic with the lines drawn in – let the jurors figure it out. He says it is unreliable. Judge will rule on later.
  3. Next issue- Nurmi brings up Prosecutorial Misconduct. Claims JM has bullied witnesses and deprived JA of a fair trial. He says it’s a cumulative issue, including the Fan Club. He refers to JM as: “The Great one.” JM says it was 1 incident out of view of jury. He says Nurmi wants to connect that with the social media. JM points out Wong saw nothing and they are just wasting the courts time, everyone except the defense who gets more money (implied). Judge rejects the motion as it didn’t affect the jury.
  4. Next issue- Nurmi claims that JM attacked LaViolette and bullied Dr. Samuels (also called Dr. Samuels ‘Mr. Samuels’ – degrading him). He plays a tape from closed proceedings where JM and Samuels go at it over the new exhibits- the Power Point, the Instrumental vs. Expressive (pre-med vs. not pre-med), the Time magazine article and the Brain pic. Things heat up when Dr. S. says: “… even a blind person can run the bases.” You can hear the attornies and Dr. Samuels arguing loudly. Nurmi asserts JM was intimidating the witness. JM states the proceedings were not in front of the jury and the judge was present at these proceedings. He also says LaViolette had a reason to be upset because of what was revealed. He points to the fact the Defense brought all this new evidence in the eve of the trial- no disclosure, a clear violation. He says the defense was arguing the loudest in the tape. There was no impact on their testimony. JM states the attempt to make the state responsible for the media (which they have no control of) is ridiculous when JA is actually ‘fanning the flames’ by being on Twitter through Donovan B. She is breaking the courts rule and discussing the case- even putting down the Prosecutor (his height). He wants her to desist. Nurmi says JM is trying to take the focus off himself by pointing the finger at the defendant. Twitter ‘doesn’t change the game.’ The Judge says: “There is a fine line between zealous advocacy and unethical conduct.” She says both were outside of the presence of the jury and no evidence was affected. There is no basis for a mistrial. She states: “The prosecutor was not in any way outside the bounds of proper behavior.” Regarding the Tweets from jail- Nurmi wants proof, a motion in writing and sites freedom of speech. JM doesn’t want to investigate this as he might be called intimidating again. The judge says it is a matter for the Sheriff.

Afternoon Session:

  1. There is a closed-door hearing being held with Alyce LaViolette. I am guessing it has to do with her approaching Samantha, Travis’ sister. Apparently after trashing Travis, Alyce went up to Sam and said something like: “It’s not personal.”  I am now getting rumors that this could also be about perjury. Also- Chris Stark tweets that: “Alyce to testify about discussing her testimony – rule break –in chamber today 1:15.” That is news to me. It is 2:25 as I write this.
  2. 3:14- The jury comes in. The Judge tells them that there is a stipulation: That when the picture of Travis that was taken in the shower at 5:29:20 (his face) JA was not holding a knife or gun. The jury is then dismissed and court recessed for the day.

Arias Trial Summary 4/9

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.”