Gun Shot: First or Last?
Jodi's Sworn Testimony: Gunshot first. As he was charging her (in “linebacker” fashion) the gun accidentally went off, hitting him in the right temple - but that did not stop him from continuing the attack.
  • Medical examiner's report says the brain was not penetrated.
  • There are many instances of people who continued functioning after receiving a gunshot to the head, especially after being shot from any distance other than point-blank range with a mousy little .25-caliber gun.

State's Theory: Gunshot last after he was dead (“coup de grâce”)
  • Contradicts the State's original theory of "gunshot first" which changed only after Jodi said that the gunshot was indeed first.
  • Contradicts the evidence of blood coming from Travis' right ear which could only have occurred while he was alive. (Prosecutor Martinez led the jury to believe it came from a stab to the chest, an anatomical impossibility.)

Dr. Kevin Horn and Det. Esteban Flores: Perjury?

Aug 2008Dr. Horn's Medical Examiner's Report: "The dura mater and the falx cerebri are intact" (indicating the brain was not penetrated.)

Aug 2008Det. Flores' Supplemental Report: "The initial report from Horn was that the gunshot wound to Travis' head would not have been fatal. The gunshot would have possibly disabled him temporarily."

Aug 7, 2009Det. Flores' testimony in pre-trial Chronis hearing: Based on conversations with Dr. Horn and from his own study of the scene, Travis was first shot. Flores repeated this theory of the crime in interviews and sworn statements to Jodi's legal team.

Aug 8, 2009 -- Judge Sally Duncan Ruling: "The State presented evidence that the victim was first shot on the right side of his head near his eye with a .25 caliber handgun and that the bullet lodged in his left cheek. This wound was not fatal and may or may not have rendered the victim unconscious. The victim did not remain unconscious based on the infliction of the other wounds and the location of blood spatter evidence in the bathroom sink and blood in the hallway."

Jan 2, 2013Prosecutor Martinez's opening statement: Gunshot last!!! Being unfortunate for the State that their very own evidence, proving that the gunshot was first, fit so closely with Jodi's version of events, they had to change it at the eleventh hour if they were going to have any chance of convicting her and then killing her. (To hell with truth.)

Jan 8, 2013Dr. Horn's testimony: Travis would have been incapacitated so gunshot had to have been last. Denied telling Flores otherwise. (When would a medical examiner ever become an expert on the effects of .25 caliber gunshots to the head? He examines people who, by definition, are always "incapacitated" and never sees the many who are possibly not.)

May 2013Dr. Horn's testimony: Dura mater was not intact. “Typo” on ME report. (This is ridiculous because a "typo" is usually a one-word mistake. In this case, the remainder of the report supports the conclusion that the dura mater was not penetrated and Travis may have not been incapacitated. In what world is that a "typo"?)

May 2013 -- Det. Flores' testimony: He must have originally misunderstood Dr. Horn. (We must assume he also misunderstood the medical examiner's written report.)

Reasonable Doubt
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