According to azcentral.com the defense attorneys filed another motion for mistrial on Sunday. They say the witness Patty Womack withdrew from testifying due to death threats. Kirk Nurmi wrote in the motion ‘After returning home Ms. Womack began receiving threats, threats that included threats on her life if she were to testify on Ms. Arias’ behalf. On May 19th, 2013, Ms. Womack contacted counsel for Ms. Arias that she is no longer willing to testify due to these threats. It should also be noted that theses threats follow those made to Alyce LaViolette, a record of which was made ex-parte and under seal.’
The article goes on to say whether a defense attorney presents mitigation evidence becomes an issue on appeal.
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.
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.
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.
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.
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.
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.
Info from Chris Stark off of Twitter (thanks) who read the most recent mistrial filings indicates the following:
1. Nurmi is still trying to get a mistrial for ‘Prosecutorial Misconduct.’ He will bring in the film footage of Martinez signing autographs. HLN producer Grace Wong is being brought in (it is assumed) to talk about the claim that Jean Cazares saw Martinez signing autographs for fans in front of a juror (Jean didn’t say that- she actually testified that she DIDN’T see any jurors doing that).
2. Alyce is being brought back in on either Monday or Tuesday to face charges that she approached Sam (Travis’ sister) after testifying last week. Rumors say that after tearing up Travis’ reputation she had the nerve to go up to Sam and say: “It’s not personal.” This is a huge mistake as it is against the rights of the victims family to be approached like that. Should make for an interesting start to the week.