Tag Archives: Martinez

Arias Motions Still Unresolved

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This is getting ridiculous! Today they had a closed door meeting to address issues that were supposed to be addressed the last three times and guess what? No resolution. What is the point? Well at least the defense is getting some more money. I have linked the article about today’s hearing and it is worth a read. It brings up how silly it is for the defense to want to deny media access when the defendant was all over the media. They also want to sequester the jurors, move the trial and monitor the jurors twitter accounts. Read the article for Mr. Martinez’s response. He is the only voice of reason.

Link: http://www.abc15.com/dpp/news/region_phoenix_metro/central_phoenix/jodi-arias-trial-update-will-judge-sherry-stephens-set-a-start-date-for-the-sentencing-phase

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Jodi In Chains

Here is a play by play of what happened in court today via Twitter:

From ‘@WildAboutTrial’:

-In the courtroom at the Jodi Arias trial. Many of the usual faces are here in the spectator section. Media is rather thin. I see Tara Kelley and some other jurors in the gallery. Nurmi and Willmott just went back into chambers. Jodi Arias is not in the courtroom yet. Juan is here…Det. Flores just arrived. Just to remind everyone, this will not be live streamed and most of the hearing will be held in chambers and sealed. Jodi just came in wearing her gray prison striped outfit with salmon socks. Jodi Arias was just escorted back by the well armed sheriff’s deputies. She is in chambers now. These guys are scary looking.

@Chriswnews: Never seen a Jodi Arias escort like this. Arias walked to chambers her shackles making a racket. Arrives in chains surrounded by what appears to be an MCSO SWAT team.

@WildAboutTrial: Willmott just bolted out of chambers and smiled at Flores and Juan, she is getting something from her desk and heading back in. No sign of Travis’ family, just supporters.

@chriswnews: Was told Travis Alexander aunt the only family member expected in the gallery. Sis Samantha to attend via phone. Family civil attorney here.

@WildAboutTrial: Looks like other attorneys here for other trials. Nurmi, Willmott and Jodi Arias are still back in chambers. Flores and Juan continue to semi-reclinate and laugh while they chat. The courtroom is full of chatter. Flores and Juan were just summoned back into chambers. Everyone is coming out of chambers. Jodi Arias has full umbrella bangs and makes a clanking noise as she walks. She went to her room.

@maryellenabc15: Jodi Arias is walked back through court to her holding cell…she is shackled, handcuffed and in jail stripes. Jail SWAT is guarding her.

@WildAboutTrial: The armed sheriff seems to be clearing Jodi Arias’ table. She is brought out now and is sitting down. There are 4 fully armed sheriff deputies here to keep an eye on Jodi Arias. These are some serious deputies. Wow. Jodi Arias is sitting with the DP mitigation specialist whispering. Sheriffs haven’t left her side. Jodi Arias did not seem to have a smile on her face, looked rather tired. Attorneys are back. Judges Stephens is present and addressing the court now. Court is deferring the ruling on the motion to delay the trial until July 18. The hearing is over.

@tarakelley320: Seeing Jodi in shackles was totally worth being at the courthouse today!!!

Motion To Deny Moving Trial To 1/2014

According to ABC15.com’s Corey Rangel, the prosecution has filed a motion asking the judge to deny the motion for a delay filed by the defense. They defense had said they needed time to find other witnesses to stand up for Jodi (they have had 5 years) and that they had scheduling conflicts. Martinez responded: ““Neither reason warrants a continuance of the proceedings until the first part of next year.” For more here’s the link:

Jodi’s Aunt Has A Petition

From ‘The State Vs. Jodi Arias’ Facebook page (link below):

Jodi’s aunt, Sue Allen Halterman has started a new petition on Change.org. She is trying to stop the prosecutor, Juan Martinez, from writing a book on this case: Image

I find this interesting as I remember someone brought up Mr. Martinez writing a book and If I remember correctly he said that he was too busy being a prosecutor to write a book.

Link: https://www.facebook.com/Justice4Travis

Jodi’s Not Crazy

According to Wild About Trial’s Brian Skoloff, Maricopa’s County attorney, Bill Montgomery said that Arias is competent to stand trial and any statement that she isn’t fit for the proceedings “is simply inaccurate.” This is in response to an earlier statement from her defense attorneys that she was mentally ill. (See a previous post). At a news conference today he also said: “We’re continuing to prepare for a retrial.” Apparently both the prosecutor, Juan Martinez and the Alexander family want to pursue the death penalty. A status conference is scheduled for June 20. The retrial date for the start of the penalty phase is scheduled for July 18.

Transcript re: Sex Tape

Here are some of the more interesting points from this transcript. (The link to the entire transcript is at the bottom). (Thanks, NancyB!)

1. Here’s one thing we can all be thankful for: According to a comment by Willmott on page 12 there were 2 other recordings that weren’t played in court- they were Jodi singing.

 

2. Regarding the penis and breast pictures from her phone, (p. 6) Martinez: said: “Quite frankly I don’t think he (the expert witness) can distinguish those, to whose penis those are or whose breasts those are.” As we know now those pictures were allowed into the trial.

 

3. The bulk of this transcript is about the argument that what is in the tape will be asserted as fact. The defense argues it is not, but if you recall the trial all the fantasies Travis described in that tape were actually presented as fact- like the 12 year old comment, which was actually Travis describing Jodi’s voice sounding like a 12 year old, and the ‘tie you to a tree…’ comment- was said over and over and over again by both Nurmi and Willmott as if it was a fact. Here is the way the defense actually said they would present this evidence:

On page 6 is the first time Willmott asserts: “None of it (the sex tape) is for the truth of the matter asserted, we’re talking about the particular statements. So the statement that he’s going to come and stick it up wherever is not for the truth of whether he was actually going to do that. They’re not assertions.” On page 10 Martinez makes the comment: “In terms of the sexual knowledge, they’re offering it for the truth of the matter asserted. And their experts rely on it as truthful. Also they are being offered as to how Travis broke down Jodi’s boundaries sexually.”

On page 11- Willmott says: “So as it was with the ‘3 hole wonder’ conversation, we’re not putting it in evidence to prove or disprove that Ms. Arias was a quote, unquote ‘3 hole wonder.’ On page 12 Martinez continues to argue that the tape is being offered for the truth of the matter asserted. That regarding the things said on the tape ‘that’s what they want to do.’ Martinez goes on to say: “I don’t see how they can then make the argument later on and say, well, none of this was true. Their argument would then have to be, they never had anal intercourse. They never did any of that.” On page 13 Nurmi says that while Travis said those things “We’re not attempting to prove that he was going to do those things.” On page 14 Nurmi reiterates: “…we’re not using it to prove that he was going to actually do the things on the tape.”

Martinez then goes into the testimony of Dr. Samuels and how he asserts that Travis was ‘the only individual who had anal sex with the defendant. And this is proof of that. It is offered for the truth of the matter. Willmott counters with ‘Dr. Samuels is not considering whether  or not Travis was actually going to take Ms. Arias to the forest or whether he did take Ms. Arias to the forest.”

On page 17 Martinez Says Travis wasn’t going past her boundaries. “No he’s not. What he’s doing is he’s responding to her. And so it is being offered for the truth of the matter asserted. He’s not the aggressor, she is.” Both Wilmott and Nurmi respond: “That’s all for cross.” Martinez argues who can he cross? Ms. Arias or Travis? “Neither of which I have access to.” Willmott suggests he cross the doctors. Martinez: “I don’t want to cross the doctors. I want to cross the declarants which is what the rule is designed to allow me to do.”

Next (page 19) Martinez says Travis did not know he was being recorded. He and Nurmi argue the point.

“She (Jodi) can introduce it when she takes the stand.” On page 22 Nurmi says: “This is distinct form of self defense. And how he treated her is germane to that and not hearsay, not being offered for the truth of the matter asserted.”

Finally the judge decides she will have to listen to the tape to see whether or not it should be admitted.

4. Other arguments from the defense as to why the tape should be admitted were:

– On page 9 Nurmi argues the tape goes to ‘The way he treated her’, …degrades her opinion’ – showing a pattern of abuse.

– Willmott adds it ‘goes to his sexual knowledge.’

– On page14 Nurmi claims this is proof that while he was calling her a stalker he was having phone sex with her.

Link to entire transcript: http://www.azcentral.com/ic/pdf/0607arias-sex-tape-proceeding.pdf Thanks again, NancyB!

Arias Trial Transcripts

We are finally getting a glimpse of what was going on behind the scenes in the courtroom. During the testimony of Alyce LaViolette, Willmott was trying to get in an example of Travis telling Jodi he was going to kill himself and Martinez said: ““But the thing is that if Ms. Willmott and I were married, I certainly would say I F’g want to kill myself. That doesn’t mean I want to kill myself. It just means there’s a bad relationship and I want you to leave me alone.” (From an article by Michael Kiefer: http://www.azcentral.com/community/mesa/articles/20130605arias-trial-transcripts-juror-questions-unsealed.html?nclick_check=1z).

In a released transcript during an argument regarding hearsay evidence Martinez tells Willmott: “…maybe you ought to go back to law school.” Nurmi asks the judge to admonish Martinez for his statement about wanting to kill himself if married to Willmott and for the crack about going back to law school. The judge responds: “Council, I know some of this is tongue and cheek, some of it is just the stress of the trial, but let’s try to be as professional as possible when we have these bench conferences.” (Link to transcript: http://www.azcentral.com/ic/pdf/arias-april4-transcript-excerpt.pdf).

Thanks to NancyB for these links!