Tag Archives: questions

Unasked Juror Questions

Getting inside the minds of the jurors is one of the most interesting parts of a trial. I have transcribed about half of the questions from the pdf- you can use the link at the bottom of this post to read the rest. You will find some of these questions are mixed with ones that were asked. Also there are the handwritten questions delivered to the judge during the deliberations (p.25-27)
1. Considering all the lies you’ve told and admitted to, would you consider yourself a pathological liar?

2. What pets did you have as a child? Did you ever intentionally hurt a pet or animal?

3. If the defendant feels she has a high I.Q – is it possible she would try to outsmart psychological tests?

4. Do you feel you should be punished for what transpired on 6/4/08?

5. For LaViolette: You say Travis gives no indication of being stalked-displays no fearful behaviour and continues his contact w/ Jodi of his own accord. How do you reconcile Jodi’s claim of D.V if she continues her contact w/Travis of her own accord? Where was her fearful behaviour?

6. Is there a type of stalking, or what could be considered stalking, that a person is comfortable around someone in person or when they are speaking with them, but are afraid of what they do or what they or what they are capable of when they are not around? Is this a possibility of this in the relationship between Jodi & Travis?

7. A lot of your testimony has been based on what Jodi has told you. It has been proven that Jodi has lied multiple times since killing Travis. How are you able to know everything she is saying is truthful?

8. Did you ever see any proof that Travis physically abused Jodi?

9. Isn’t it possible that Jodi didn’t write some of those incidents in her journal because they never happened?

10. You stated that you spoke to Jodi’s friends and family early on. Did you ever speak to Travis’s friends and family to find out more about who he was? If no don’t you feel that would have been important?

11. If something is premeditated is amnesia more or less likely to occur?

12. How could you be a sister to Matt, someone you had sex in the past?

13. Why didn’t you read the Book of Mormon to see what you were and weren’t allowed to do?

14. Why did you ask Travis about everything you did?

15. Why did you start a relationship with Ryan Burns when you said earlier ” When I am with one guy I don’t see other guys”?

16. Would it be possible to see what Jodi’s hand looks like when draped over a shoulder now?

17. Were you paid for the interviews with 48 Hours and Inside Edition?

18. You testified that Travis gave you the Book of Mormon at Starbucks. Did you read it thoroughly? If so, when?

19. Does the Book of Mormon go into detail regarding the Vow of Chastity?

20. Where did the information about Travis ‘being a flirt come from?

21. Where do the date and the time stamps on the text messages come from? Are they “send’ dates? Why would he say “Goodnight” at 8:13 am?

22. Was the gun that was used to kill Mr. Alexander found in Ms. Aries posession?

23. In regards to the knife or gun used…was Mr. Alexander’s old BMW searched?

24. Did you feel that Travis’ job interferred with your relationship mainly with regards to travel & phone calls?

25. If you were shocked to hear Travis was a virgin, why did you break up with him after you found out he was cheating on you?

26. Are date and time stamps on photo’s taken by digital cameras able to be manuallly changed and/or manipulated?-1. before photos are taken? 2-after photos are taken?

27. Who was involved in all the tire slashings? ie-Travis, You, Mimi, Lisa. Who’s vehicles were damaged?

28. You stated you were aware that the police recorded the calls because an attorney told you. Can you tell us when you were told this and how the subject came up?

29. After all the lies you have told, why should we believe you now?

30. What happened to the suicide letters you wrote to your Grandmother?

31. Were you kneeling when you  dropped the camera?

32. When Travis stepped out of the shower to attack you was he wet? If so, did he slip at all on the tile in the bathroom or hallway?

33. When entering the closet, why didn’t you just go in the door closest to you?

34. Do you know how tall the ceiling in Travis’s closet was?

35. Was the gun in a case or just laying on the shelf?

I will probably transcribe the rest of these questions for a second post, but if you would like to see them now here is the link:

http://www.kpho.com/link/640242/read-jurors-questions-not-asked-in-jodi-arias-trial

 

Tara Tweets- Again

Today Wild About Trial conducted a twitter interview with Tara Kelley, juror 17 (an alternate). Here it is:

 

Read from the bottom up!

 

Wild About Trial @WildAboutTrial
Perhaps we can get @tarakelley320 back soon for another session? Your WAT will be sent asap (so will Valenators). 🙂

Wild About Trial @WildAboutTrial
We would like to thank our amazing followers as well for their great questions! #17WAT

Wild About Trial @WildAboutTrial
Thank you very much Tara! We are all very appreciative that you took some time out to share with us your thoughts! What a great twinterview!

Tara Kelley @tarakelley320
@WildAboutTrial yes the system works! It was a very long, emotional process but I am happy I got to do this!Met alot of great people #17WAT

Wild About Trial @WildAboutTrial
@tarakelley320 So, does the system work? Are you happy that you were a juror? #17WAT

Tara Kelley @tarakelley320
@WildAboutTrial he was good, a little over the top at times but it worked! They were very flustered on that stand with him! #17WAT

Tara Kelley @tarakelley320
@WildAboutTrial about sex over and over again #17WAT

Wild About Trial @WildAboutTrial
@tarakelley320 Last few ?’s. What is your opinion of Juan’s style towards Dr. Samuels and Laviolette? #17WAT

Tara Kelley @tarakelley320
@WildAboutTrial for some reason I’m not seeing the ? But it was hard listening to the sex talk over and over and Nurmi liked to talk #17WAT

Wild About Trial @WildAboutTrial
@tarakelley320 Did you find Nurmi very hard to listen to with all the sex talk day after day after day? #17WAT

Tara Kelley @tarakelley320
@WildAboutTrial would have made it ALL Better!Valerie just emailed me And said we can’t make fun of her water and she wants her mug! #17WAT

Wild About Trial @WildAboutTrial
@tarakelley320 How nice would it have been to drink court water out of a sweet WAT mug instead of those tiny styrofoam shot cups? #17WAT

Tara Kelley @tarakelley320
@WildAboutTrial wow that’s a hard one!! Probably the camera! Showed a timeline of how quickly things happened! #17WAT

Wild About Trial @WildAboutTrial
@tarakelley320 What was the most damning piece of evidence against Jodi? #17WAT

Tara Kelley @tarakelley320
@WildAboutTrial no! I feel she is an advocate and truly believed Jodi was abused! However there was NO proof only her word #17WAT

Wild About Trial @WildAboutTrial
@tarakelley320 Did you think Alyce’s analysis of domestic abuse applied to Jodi? #17WAT

Tara Kelley @tarakelley320
@WildAboutTrial I believed it! There was never interaction b/w him and Jodi at the table! He never looked happy by her #17WAT

Wild About Trial @WildAboutTrial
@tarakelley320 What did u think of Kirk Nurmi when he said “9 days out of 10 I don’t like Jodi Arias” #17WAT

Tara Kelley @tarakelley320
@WildAboutTrial I think those parent interrogation videos could have been a game changer! Shows they weren’t shocked she did it #17WAT

Wild About Trial @WildAboutTrial
@tarakelley320 Is there anything that your have heard or seen since trial has ended that stands out to you as a game changer? #17WAT

Tara Kelley @tarakelley320
@WildAboutTrial I wish!! We did puzzles , played UNO, cribbage, and that’s about it lol!

Wild About Trial @WildAboutTrial
@tarakelley320 Did the juror room have billiards, darts, xbox with a 60 inch screen and a fireplace as I envisioned it having? #17WAT

Tara Kelley @tarakelley320
@WildAboutTrial I gave her the benefit of the doubt, but when she sat up there and lied constantly, it was hard to believe she did #17WAT

Wild About Trial @WildAboutTrial
@tarakelley320 great multi tweet answer Tara! Very twitter savvy. In your mind, does Jodi have any redeeming qualities? #17WAT

Tara Kelley @tarakelley320
@WildAboutTrial I believe on May 26, Travis was trying to break it off completely with Jodi! She got mad and threatened him with the sex tape! He started calling her those names b/c he thought if he did she would finally leave him alone, especially when he said u r the worst thing that ever happened to me! He was hoping that would make her stop! It only made her really mad knowing he no longer wanted her! She couldn’t take it! She planned the burglary and started planning his death!She wanted to make sure she was the last he ever had sexually!She wanted that power of knowing she was his last

Wild About Trial @WildAboutTrial
@tarakelley320 Do you want to tell us more about your theory now? Take a few tweets and expand upon it if you would like. #17WAT

Tara Kelley @tarakelley320
@WildAboutTrial it’s part of my theory! I believe he found out about the sex tape and she threatened to blackmail him! #17WAT

Wild About Trial @WildAboutTrial
@tarakelley320 What is your opinion of that last text sent by Travis where he was so angry? #17WAT

Tara Kelley @tarakelley320
@WildAboutTrial May 26, 2008!

Wild About Trial @WildAboutTrial
@tarakelley320 When do you think the the premeditation began? #17WAT

Tara Kelley @tarakelley320
@WildAboutTrial can’t say that it would have! I believe the people that voted life did so b/c the felt some sort of abuse happened! #17WAT

Wild About Trial @WildAboutTrial
@tarakelley320 If prosecution was able to prove that Jodi slashed Travis’ tires, how would that have changed the jury’s perspective? #17WAT

Tara Kelley @tarakelley320
@WildAboutTrial We had talked before about putting names in a hat and picking that way but idk if that is how they did it! #17WAT

Wild About Trial @WildAboutTrial
@tarakelley320 How was the foreman chosen? Was he elected, or did he volunteer? #17WAT

Tara Kelley @tarakelley320
@WildAboutTrial no!!! I thought at times he said some mean things but I never thought she was abused! #17WAT

Wild About Trial @WildAboutTrial
@tarakelley320 Did you believe there was any abuse by Travis, either emotional or physical? #17WAT

Tara Kelley @tarakelley320
@WildAboutTrial out of 375 people..no way!!However the day of selections I had a feeling I would b/c I was the youngest female there #17WAT

Wild About Trial @WildAboutTrial
@tarakelley320 Did you think in your wildest dreams that you would be chosen for this jury? #17WAT

Tara Kelley @tarakelley320
@WildAboutTrial I had to drink it once after forgetting my water:/ it is disgusting!!!! #17WAT

Wild About Trial @WildAboutTrial
Soo @tarakelley320 How tasty is that tasty court water after all? I noticed it was getting huge pours. #17WAT

Wild About Trial @WildAboutTrial
I would like to thank @tarakelley320, Juror 17, aka The Manicurist from the #JodiArias trial for joining in this twinterview today.
The questions asked here will be a mixture of my questions and our followers questions that were submitted earlier. Enjoy!

Jurors 6 & 17 on Dr. Drew

From the Dr. Drew show, May 28

(I have paraphrased)

 

Featuring jurors: Diane Schwartz- #6 & Tara Kelley- #17 (an alternate)

1.You voted for death?  

D (Diane):  Yes I did.

How hard was that?  I can’t express how hard it was, it was what I believed my whole life. That you need to be held accountable. The day it was turned over to us I went home and spent the whole night thinking if  she could be put to death. I looked at all the aggravating factors; the brutality, the cover up, the lack of remorse, the untruthfulness all the way through. The mitigators just did not weigh enough.

 

2.  Do you know the other four jurors reasons for life?

D: They all felt there were mitigators. Look at the eight mitigators …I can’t remember all eight- what she could accomplish, she was 27, no criminal history, abused as child & with Travis…that was key to many. Plus evidence in the case could be used… like the texts and the voice mails- some felt there was some abuse there…it was up to each person.

 

3. When you knew you were to be an alternate how did that feel?

T (Tara):  It was very devastating when I heard my number called…when we left the room I started crying. I was invested…I asked a lot of questions. I thought Jodi deserved death as well.

 

4. Tara, tell us one of those Snarky questions you asked.

T: I really wanted to know- I asked her: ‘After all the lies you told how can we believe you are telling the truth now? I know I personally did not believe her.

 

5. Tara- on twitter you wrote: ”Jodi is Psycho”-what did you mean by that?

T:I meant that she did all of this stuff and she can literally sit there …with a straight face…how could you if you’re a normal human being?

 

6. Do you feel the system was served (no penalty)?

D: We have to believe in the system do I like it- no. It’s an individual choice, a hard decision to make. This was the hardest 5 months of anything that I’ve gone through. It’s part of our system and we have to abide by it.

 

7. Why did you mouth the words: “I’m sorry” to the Alexander’s?

D: ”I’m sorry” came right out of my heart. We were very invested…5 months…there’s a lot of emotion there. Then the deliberations… we worked well together to get pre-meditated Murder and aggravated, and then to not be able to issue unanimous decision…I took it very personally.  There was no way we could get there.

 

8. Tara, if you were called do you think you could have made a difference?

T: I’m only 1 vote…but if able to give my perspective and how things happened…maybe I could have swayed some…

 

9. How about the impact statements?

D: When they call them an impact statement, let me tell you- the impact statement had an impact that was unreal. I wanted to reach out & hold them…they were so distraught. We didn’t know who the families were…I didn’t know there were 8 siblings. I was so distraught over not being able to reach a verdict…and as I walked out it was heartfelt…I just did it (said “I’m sorry”).

T: The impact statements were one of the top emotional days of my life- she did so much more than kill Travis, it affected so many more lives out there. I didn’t know the verdict…when it was read I lost it. I felt like the family was let down. You could tell the family wanted the DP.

 

10. Tara, were you aware of the interview tapes?

T: I had a lot of sleepless nights then I got caught up in the clips. The most disturbing to me was when she said:  “Gosh Jodi, you should have put on some makeup” –she showed no remorse- she was worried about what she would look like when her picture was taken.

D: The tapes- I hadn’t seen those- they were new to me. It’s all about Jodi-her feelings, her way that she presents. Her statements in the penalty phase were very disingenuous, very disengaged, it’s all about Jodi. The family- the word sorry never ever came out…I didn’t believe a thing I heard.

 

11. Tara, you had a little reaction from her- no?

T: Yes, the stare downs. I would look to see what she was doing…you should be engaged in what’s going on, your life is on the line! She would be staring at me … then write something down, trying to get me kicked off?  It just showed me that she had no remorse- was not even interested in what was happening in her trial.

 

12. What U thought of Alyce LaViolette?

D: Alyce knew her topic, but was not an expert in terms of answering questions and presenting her side…more of a supporter of Jodi. She got very confused…

T: I wrote a question for Alyce- “Did PTSD have anything to do with what happened to Travis?” It had nothing to do with what was going on.

 

13. Did the foreman sway anyone?

D: No. He submits questions, signs forms and makes sure we don’t kill each other…we weren’t contentious…the attitudes of life were individual. There was absolutely no swaying. For me-this is what I, myself look at…can you give me anything that I am missing? The foreman didn’t have leverage/didn’t push us at all.

 

14. Diane, because it’s such a personal choice do you think they can reach a unanimous decision?  

D: It’s extremely hard, Mark, such a personal decision. I’d love to debate it because I think a minority won…if you were in the minority.

 

15. Have you learned anything the public was privy to that would have helped you?

T: Yes, one of the biggest things were interrogation videos of the parents- she was troubled since her early years.

D: I think so too…I also believe there was some significant amount about   stalking.

 

16. In room where you can finally speak to each other what’s the first thing that happened?

D: The first thing- we hugged & cried. There was a sharing of emotion. Since then a few of us have talked about the tapes, the interviews after the verdict- saying: ‘Can U believe it?’ Just another indication of the manipulation and game playing.

 

17. What about the Survivor T-Shirt?

T: I really didn’t understand the point that she was trying to make- she was already convicted, we didn’t believe she was abused…so really didn’t understand the concept…

 

18. Was there anything compelling from defense?

D: When Jodi first started I felt a little bit of doubt in my mind…am I really believing or am I making an opinion? They had a very difficult job.

 

19. Did you know about the entire world watching this trial?                  

T: We had no idea, they did a good job of keeping it away. We went out (of the building) different ways. I told them at my house it’s Lifetime, sports or Nickelodeon. I heard so much at court I didn’t want to go home and watch, and we weren’t supposed to.

 

20. You all were asked if could give the DP what pieces of the trial were used to not enforce death?

D: Looking at the mitigating- the abuse was biggest- the texts indicated some verbal and emotional (not physical) abuse. (Drew- you didn’t know the context).

 

21. Was there anything about her to give you compassion?

D: Not to me there wasn’t. At that point we had so much info and the lack of remorse there was just not a redeeming factor for me.

 

22. This trial went the way the public wanted but in other trials jurors had a lot of heat from the public. Were you worried about that?

D: It was never a discussion, we never had that feeling at all. We looked at it (the case) analytically. There was never any discussion of what the public would think.

 

23. What did you think of Juan?

T: During jury selection I was scared of him When he was in his element you could see his passion. He spoke for the family and as the voice of Travis. He was very effective, but sometimes a little too much…

 

24. Tara has a question: As far as Dr. Demarte diagnosing her with BPD…is that how you felt?  Dr. Drew:  We did…borderline with psychopathy…

 (Another guest) When she killed she was textbook psychopath…one of the scariest people walking this planet because she was cloaked in this little girl.

(Another guest)BPD very rarely become murderers-usually hurt self.

 

25. How do you feel knowing about a 2nd jury having to come in?

D: I feel hopeful, don’t know how they will present all the info but premeditation stands, aggravating stands, … I’m hopeful they can be objective.

 

26. Your feelings about Jodi doodling?

T: She was so disengaged except when her lawyer was speaking…a turn off for me. I felt like if your life is on line you should be paying attention, be remorseful.

 

27. If not self defense then why did she do it?

D: My personal belief- she was just obsessed with him- she couldn’t let him go….

 

28. Will you be disappointed if she doesn’t get death?

D: No, I won’t be…my own personal feeling- a little bit of disappointment.

T: …I would be disappointed but not upset.

Juror 17 Part Two!

Kara is still tweeting:

1. Did it creep you out the way Hodi stared at you whenever you would enter or leave the courtroom?     I never paid attention! I looked down when I walked in and down when I walked out.

2. What about how she looked at the jury when answering each question?     I understood it was probably their strategy! Didn’t phase me I was at the other end anyway!

3. What do you think of her tweets? If you had known all that you know now, would your opinion be he same?     Yes, because I’m not surprised!!

4. Have you seen all the interrogation videos?     Not all but quite a few.

5. Have you seen the media ‘blitz’ Jodi did before the sentencing? If so your thoughts?     Ridiculous but that’s Jodi wanting the spotlight!!

6. How hard was it for you to sit through it all and not vote? Were you able to take part in discussions or did you just have to sit and listen?     I was devastated! Cried as soon as we got out of the courtroom! The alternates were taken to a different area.

7. Did the 4 jurors acknowledge the Alexander family, like the ones that were crying and mouthed ‘I’m sorry?’     I don’t know! I was balling and looking down! I was too sad to look at them!

8. Did it freak you out how close Jodi was to you during allocution?     We were closer in judges chambers.

9. You were in chambers with her?     Yes, quite a few times!!!

10. Did you know she had a shock band around her waist?     Nope, had no idea!!

11. Is Dr.Horn as beautiful in person as he appears on TV?     Yes!!!!

12. What did you think of the 7 dwarf testimony?     I have to admit I did laugh when LaViolette said she didn’t know how old the dwarfs were! Was funny!

13. Were you shocked at the time-out comment?     I was irritated when she said this! But he was snarky with her too! Was a long 10 days or whatever it was!

14. Did you think the Locks of Love/book club/recycling was odd?      I did because I didn’t think you could just start your own program in prison!

15. Was it frustrating aitiing through Alyce & Samuels testimony knowing they were making $300 an hour spewing #blah?     It was frustrating period!!

16. Have you seen the video yet of TA telling the story of being robbed w/gun to his head that was identical to Jodi’s ninja story?     Yes!! We saw the video w/o sound and the story was so important!!

17. Did you think the gun used was her Grandfather’s?      Absolutely!

18. Did you ever notice Jodi peeping up through her hair to see the crime scene photos?     No I didn’t! I was too upset myself seeing those pictures!

19. What do you think came 1st- gun shot or knife wounds?     Idk that it truly matters…he suffered so much pain either way! But I think the stab definitely did!

20. How did you feel about Jodi when she was drawing and not paying attention in court?     Beyond irritating!!

21. Did you see the parent’s interrogation video where Mom said Jodi was growing pot on the roof?     Yeah I think those tapes would have helped.

Tara has stopped Tweeting for the moment. She’s heading to LA with Juror 6- Diane.

 

 

   

Juror 17 Answers Questions

Tara Kelley, one of the alternate jurors has been tweeting answers to peoples questions via twitter. Here is some of what she has to say:

1. Do you believe she was abused in any way?     Definitely not!

2. Did you believe her “fog” story?      Absolutely not!!! Was definitely not believable!

3. Regarding the jury ‘betraying’ her:      It’s all about her!!!

4. What did you think of LaViolette’s testimony?      Didn’t like her! I found her rude trying to spar with a prosecutor!

5. Regarding Nurmi wanting off the case:      Definitely can’t blame him for not wanting ti represent her!!

6. Regarding the juror who got kicked off for a comment she made- Tara confirmed the comment was about how if they can $300/hr for an expert you would think they’d get us more comfortable chairs. She also indicated that the jurors were not the ones who turned her in.

7. How did you feel about the pedophilia accusation?      Disgusting and ridiculous! I asked her for proof in my questions to her! Of course she said she didn’t have any!

8. Did anyone buy it (the pedophile comments)?     I don’t think anyone bought it!!! Too far out there!

9. What did you think about her claim of ninja skateboarders?     Ridiculous! And then Juan kept referencing the hoard of skateboarders and it was sooo hard not to laugh out loud!!!

10. How did you feel about the 2 minutes of silence?     Brilliant!!!

11. How did they ask you about the media issue with Juan (Signing/ photos)?     They didn’t mention it was Juan! Just asked a general question!

12. Do you feel Juan was too aggressive?      He definitely had moments but I think it was passion!!!

13. Have you seen the killer laughing and doing headstands in the interrogation?      What made me most mad was when she said: ‘Gosh Jodi you could have at least done your makeup.’

14. What did the jurors think about ‘child abuse’ claims?     She was probably spanked but weren’t we all?

15. Do you think the trial dragged on too long?      Definitely!!!!

16. (Nurmi) was basically calling you all liars and that you were going home at night reading, watching, etc.      I heard enough in court! No interest in goin home to hear more and we weren’t supposed to anyway!

17. Was Bill Z. the foreman throughout the trial or just the guilt phases?      Foreman was chosen at the guilt phase.

18. Travis’ anger all sounded normal relationship to us. You too?      Yes and I really hope to be able to explain what I think happened and what that May 26 text was about!!

And it looks like we will get a chance to hear Tara’s theory as she is scheduled to talk with HLN’s Darren Kavinoky and Dr. Drew this coming Tuesday.

 

Arias Trial Summary- 5/15

Aggravation Phase

Judge reads Jury Instructions.

Martinez:

She made sure she stabbed him over and over and over again and slashed his throat

He mentions her ‘painful’ suicide attempt and how excruciating Travis’ pain would have been during the attack. He takes us through the murder step by step. “It is only death that relieved that pain and anger and that is especially cruel.”

Nurmi:

All murder 1’s are cruel. This was not ‘especially’ cruel. You have to consider her state of mind and how the brain functions as mitigating factors.

Martinez:

He suffered pain every time the knife went into his body. He was able to see, breathe and hear- he knew what was coming.

Dr. Horn/Martinez:

Damage to nerve endings cause pain. A pierced heart can feel like a heart attack, affecting breathing and causing pain. JM takes us through the photos pointing out with each that there was nerve damage and therefore pain. He mentions the divots in the skull and the defensive wounds. Then he shows the throat picture and establishes Travis was still alive. There’s scalloping along the wound from either decomp or several attempts to cut the throat. The throat is not easily cut due to cartilage. Before this cut he could speak.

Willmott:

After the throat cut he wouldn’t have lasted but seconds and he wouldn’t feel anything so wouldn’t feel the shot. The top of the throat didn’t have scalloping. The chest wound didn’t cut the heart. Flight/fight means he had adrenaline and he was moving so he would bleed out faster. Adrenaline would have also precluded pain.

Martinez:

Regardless of the time he was alive when stabbed, slashed. Even with this adrenaline reaction he could still see, breathe, hear. He stands at the sink and can see, hear, feel, smell and think. Even with adrenaline he can still feel pain. The decomp can account for the scalloping but so can multiple wounds.

Jury Questions:

1.  Did you testify that Mr. A. had 3 rapidly fatal wounds?    Yes- the heart, the throat and the gun shot.

2.  In regards to the throat what’s more likely for the scalloping?     Because of the decomp I can’t really say.

Martinez:

Though all 3 wounds were fatal the chest wound would take minutes if not moving. The throat would have been seconds. He would not have been able to defend self or move around after that. The shot would have made him unconscious in seconds.

Willmott:

The first wound was the slowest but would have been faster due to movement.

State Rests.

Defense Rests.

Closing- Martinez:

She made sure Travis did not go gently. She also made sure he went nude. He was vulnerable in his shower, seated. Totally unaware. We know he felt the knife to the heart. Extreme mental anguish- he can see, breathe, smell and this is the person he was just with. Adrenaline or not it hurts, and she knows it hurts- it hurt too much for her to commit suicide. A knife in the heart- like a heart attack. She’s still standing, he tries to grab the knife and more pain. He can’t even get away- more mental anguish. It’s a paper cut to the Nth degree. He grabs the knife 3 times. This hurts. His hands and chest are bleeding. He’s still in a small area with a woman who’s ‘pretty strong’ according to Ryan Burns. She never lets go of the knife. He’s wanting to get away- what is he thinking about? His dog? His family? The grandma she sent irises to? To see himself bleeding. Not thinking about a vacation. He tries to get to the sink and get her to leave him alone. Adrenaline takes away the pain? Actually adrenaline talks to fear and terror and pain. He sees himself in the mirror. He’s in pain- is he screaming? Do you think he was quiet as a church mouse while all this is going on? He’s stabbed on the back of the head…sees blood, causes anguish, see’s the defendant. She’s striking the head- the knife goes into the head and causes a divot. That it painful. Seems like a short period- but it’s interminable for him. Lets just sit for 2 minutes (we wait 2 minutes). And now he got his throat slashed. Seem short? No- he’s continually stabbed and followed. It’s painful. Her ‘suicide’ was too painful. She gave him no choice. He tries to get away down the hallway but he has no strength. He’s bled out. He’s down, but still alive, seeing, hearing, breathing. The last thing he saw was the blade coming down to his throat. The last thing he felt before he left this earth was pain. Defense ‘Only 30 wounds.’ It’s especially cruel. Travis suffered enough for 2 lifetimes. He was stabbed in the heart and ran and his throat was slit.

Regarding jury instructions- to find especially cruel:

  1. Pain? He was conscious. He could see, hear, breathe. From the shower to the hallway the defendant was with him. He was conscious- he ambulated.

Physical pain. ‘It stings’ (referencing the suicide attempt) well he was stabbed on the back of the head, back of body, throat. He did suffer physical pain. Not what you want to do on a Sunday afternoon. He could see himself bleeding and being attacked. He tried to get away. He goes down and can’t defend himself. The defendant comes over- how absolutely horrific as the knife comes down. He knows. The defendant slits his throat. 

  1. Did she know he would suffer? She’s 27 years old. She knows what’s going on. She’s been cut at work, at Travis’ or stabbing him. Any reasonable person would know a stab to the heart would cause pain. She’s past her teens, almost 30. When she continued with the back? Absolutely. The throat is sensitive. That’s where she went. Every step of the way she knew, he’s hurting. Every time it goes in. The woman with the high IQ. It was directed to the neck. She knows. Whether Mr. A. was in fear or adrenaline doesn’t matter. She should have known how much he was suffering, until she put him into another life, and that is especially cruel.

Nurmi:

The jury has to determine whether cruel or especially cruel. He says to be mindful of the jury instructions- no sympathy or sentiment. A detached judgement. Has the state proven beyond a reasonable doubt? You have to give the defendant the benefit of the doubt. All first-degree murders are cruel to some extent.

The 2 elements:

  1. Suffer pain? The state changed it’s story from 62 seconds (where her story couldn’t have been true) to 2 minutes to play on sympathy. Dr. Horn/Flores changed testimony regarding the gunshot. If shot first no suffering. The experts talked about fight/flight and adrenaline preventing pain.
  2. Defendant knew he would suffer? About that suicide attempt- it was after she was in jail and the state said that it didn’t happen. She has to be conscious and processing what’s going on. Dr. Demarte said she had BPD and that she could have an extreme violent outburst. That’s what happened on June 4th. She didn’t know as she was functioning under this mental defect. Put emotion and sympathy aside. It’s hard not to react to the crime scene photos. Your job is to detach yourselves. The experts told you about her mental condition- she didn’t know she was causing pain. That is evidence enough. This aggravated factor was indeed not proven.

Martinez:

He is arguing instead of facing the evidence. He told you the state was trying to fool you. Not talking about the facts. The defendant should have known. She knew what a camera was and which of the 2 cameras had the photos she deleted. She cleaned up. If she didn’t know how did she even know she had done anything wrong? Who Travis even was? She cleaned up, took her clothing and put on the license plate. That’s the weakness of their argument. Of course she knew what was going on. You already used these jury instructions. They don’t want to talk about what happened. Changing stories? Why talk about that? He puts up a series of autopsy photos while asking: “Why don’t we talk about this?” Then he shows the shot to the head photo- the ‘Coup de Grace.’ In this case there is no doubt he suffered immensely. It can be physical OR mental pain. Dr. Samuels has a bad track record and Dr. Geffner is a ‘hired gun.’ If you take a knife you are going to hurt someone and cause mental stress. We don’t know the exact time of the first cut or when the throat was slashed. In those 2 minutes blood was gushing, the mental stress was only relieved by death. Thank You.

Judge gives instructions.

Deliberations begin.

Arias trial 5/1 part 3- with Jury Q & A

Jury Questions (paraphrased)

1.  How do you feel events such as incarceration…can affect the tests?”     MMPI- increase paranoia, depression, anxiety. No effect on MMCI (long term traits).

2.  Could an individual score differently after a traumatic experience like killing someone than before?      Depends on tests. Trauma inventories- yes, definitely. Personality tests- yes, can be impacted…depression.

3.  Discuss high/low scales on validity page of the MMPI. (He goes through and most are normal). Exaggerating is elevated- distress/cry for help.

4. OK for old version of test / old version of DSM?     DSM gives criteria for diagnosis. Like a guide. Not good to use outdated one.

5.  Changes between TSI 1 and TSI 2?    26 new or rewritten questions, 6 rewritten or taken out.

6.  PDS valid if lying about the event?     If lied…yes that’s important. If this didn’t do it and it’s made up then where did it come from? Why occurring?   Showing PTSD? Evaluator needs to find out.

7.  Lack of hemorrhage (blood) = lack of injury to the brain?   I assume gun shot is after death…depends on how far after…maybe not as much.

8.  A gun shot at a short distance wouldn’t drop a person?   Depends on caliber.  Even shot gun didn’t incapacitate…usually if through the side it will.

9.  If you get no compensation for this case…any organizations you are involved in?     Yes, the Institute will bill for services. 70-80 hours so far, $85-250 an hour, total $13,000 – $14,000. A small part of our budget.

10.  Regarding lying on the tests?    Validity tests detect these people.

11.  Possible to manipulate the four tests?    I could probably…you can go on the internet for the MMPI, tell how to fake it. Not possible with a battery of tests.

12.  If Dr. Demarte had additional evidence to support BPD would you see it in her report?   Yes.   Did she include this?    A little bit…most were from after meeting Travis. Has to have a pattern over years.

13.  Criminal act (?) cause anxiety?     If close by.   Considering years in jail?    I didn’t evaluate her- not my role.  (Not sure I got these right).

14. Did you know you were evaluating Jodi Arias.   I knew they were (the tests) Jodi’s.

15. Had you heard of the case?    No.              I was basically given the tests. I didn’t know the details.

16. Can bullets travel (again I missed part)? Yes, if it hits something it can.

17.If there is…(I missed)  answer: I could not.

18. Something about the summary scales…?    I was informed by the defense that she did not know they existed. Not using it is one thing, not knowing about it is another. Also using it to diagnose BPD…there’s entire books written on the MMPI…

Follow up, JW:

  1. DSM tr didn’t have different criteria for PTSD.
  2. PDS still had a trauma it matters but doesn’t make it invalid.
  3. TSI tests were similar over years.
  4. If she had/has BPD how do you explain all the trauma?
  5. Bullets aren’t his specialty but it would have had to go through sinuses and deflect through motor strips. Also the membrane is intact.

JM is up:

  1. He goes through and asserts that her pattern of consistency in tests is LYING! They argue over whether ‘exaggerate’ means ‘lie’. JM says so if the prosecutor says he’s 6 feet tall…Dr: “It’s likely both.” They argue some more.
  2. PDS test is based on a lie. Does it call into question the validity of the test?  “Correct.”
  3. MMPI info- says valid, but maybe exaggerated?
  4. The different DSM books come out around every 10 years. Dr. Demarte gave the TSI 1 when the TSI 2 had been out for 6 months.
  5. He didn’t know Dr. Samuels indicated to look at a possible personality disorder.
  6. They argue over what he had said about Dr, Demarte being unqualified. It was partly due to what the defense lawyers told him.
  7. He is getting his salary for today as well as the Institute getting paid.
  8. He no longer treats patients. He consults. JM implies he testifies mostly and he denies it.
  9. The Dr. has only worked with 2 projectiles in the head. JM points out that is less in terms of experience to the one who conducts autopsies. He agrees.

JM calls Dr Horn, the ME back up:

  1. Autopsy photos back.  Not a lot of blood in skull=bled out/deceased. He draws the path of the bullet (a direct line). The brain was too decomposed to find the trajectory. If last wound it did nothing, if 1st then he would have collapsed within 1-2 seconds.
  2. JW on cross: It would take seconds for blood to drain from the system. Though the brain was like pudding he could still get slices. There was no wound track. He is not familiar with research about people with frontal lobe injuries being ok. Never in his experience.
  3. Juror Question (HLN cut off the beginning- I got something like Are they deceased when you do the autopsy? “I hope so.”
  4. JM –Gun shot immediately incapacitating? ‘If he was alive.” And if dead that would explain the lack of blood.
  5. JW-This is your opinion? Yes- my training and experience.
  6. Jury question about the intact membrane—he looks at his report and says it was a typo.
  7. JM re: the perforation- he says there would have had to have been as it sits right where the bone was tore apart.
  8. JW – You reviewed your report- Yes. You know this case is serious? Yes. You made a mistake?  Yes.
  9. JM brings in Dr. Jill Hayes she does mostly forensics psychology.  Bachelors in 1990 from Armstrong State College. Augusta State=Masters 1992. Took a year off study- worked in testing. Then Louisiana State U. 1998=PhD. Was on faculty at LSU-asst. Prof. Licensed 1999. Became Associate Prof- was with for 8 years. See patients, research, admin…Katrina hit- LSU under water so came to Az. Now mostly forensic, still sees some people and police officers. Testified 75 times, 50/50 defense /prosecution.

10. She is familiar with the TSI test. It requires a trauma. She has not reviewed the PDS test in this case. Question #14 –the trauma. If it is a lie –that would give you concern. If the premise behind it is a lie it calls into question everything else. If symptoms are based on a lie how valid?   Of course the test would be invalid. If you know something is a lie how do you know what is the truth.

11. Floating profile- almost 8 in elevated range. Who coined it- a person named ‘Strong’ and it meant that they are experiencing arousal, overwhelmed and applied to BPD. JM shows her JA’s profile.  An outdated term… a little, but still researched and used. JM: Dr. Gatchell said it is no longer valid…Dr. Hayes: With all due respect I would disagree…he has done more research and changed the name for his purpose with spinal patients. It still was associated with BPD patients.

12. TSI –Measures trauma. Are you incompetent if you use the TSI 1 after TSI 2 available? No…some wait for additional research to see if the new test works. The peer reviewed literature doesn’t suggest that either…there is no standard. Includes summary scales – it can. Requires summary scales.  The hand scoring = there is no spot for summary scores. I contacted the publisher and asked…and it wasn’t a requirement. You can just look at the 10 scales.

13. MMPI-Use for BPD? It’s helpful but need other pieces of the puzzle. You can’t just look at a few tests and come up with a diagnosis, you need to evaluate, interview…JM- Would you need to give any test before you gave this one? <Objection> To determine level of reading ability? You have to insure they can understand it. In this case WRAT 4. In this case was it to get more money? In this case it would only take 5 minutes.

14. JW-Can’t you just give them something to read? No- you won’t have any normed opinion- JA was at 12th grade level. If she had read through thousands of pages of Journal and texts and she can read/write, and IQ of 112…isn’t that enough to say she can read at a 5th grade level. “Well it’s 6th-8th grade level…if she had not done that she would have been criticized for not doing it. She only did reading recognition. I would have done it.” MMPI not used to diagnose. For personality and psychopathology. MCMI normed against known psych. disorders. More research done with regard to personality disorders actually on the MMPI. I would give both. If just one I would choose the MMPI as it’s better researched. MCMI is great for helping determine characteristics but MMPI is research based as well. Scoring and summaries on the TSI. Best to use updated tests? You will know it’s coming out.  Dr. H: Generally the research before is done by the people who own the test so they have a lot to gain. Also a wealth of research on the old test. Because she didn’t have it is that a good reason? It sounds crass but these tests can get costly. JW- You had to call somebody to check if summary scales were required? On this case- yes. JW: There are instructions on how to score summary scales? Dr: Not on the hand-scored test.

15. JW- Floating Profiles and Dr. Gatchell. ‘Formerly known as the floating profile’ because he works with pain management. It’s called a ‘disability profile’ with his patients. Many had BPD also. Didn’t review the PDS. JW-If lied about how the trauma occurred but there was still a trauma. Dr: If they only lied that once how do you know if they’re telling the truth? If trauma was a bear/no tiger- does that invalidate the rest of the test. Dr: I would be very concerned. When this is self-report and the initial event was a lie then how do you know the symptoms stemming from that are true? The symptoms could still be there whether tiger or bear…with proof. Need to also look for more evidence.

16. If your not sure about the PDS test and PTSD can you give other tests? ‘Definitely.’ You can’t then ignore the tests given.

17. She has done 4 Death Penalty cases in last 4 years or so. For prosecution in all those.

18. License in 1999- so four years. She has had previous experience, pratice means you have a license…I wouldn’t.

19. JM back up.  Tiger vs. Bear…Gopher?  Difficult to continue? Yes if no physical symptoms confirms they lie. If event didn’t occur how it was stated then symptoms may not be true.

20. Floating profiles- out the window? No, author is clear- he never said don’t use Floating…State rests.

Court resumes tomorrow at 9.