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!