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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 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! 

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.”