Recent Changes

Saturday, April 28

  1. page ResponseToQuestions edited ... 1. Why stage the gun theft as a burglary (as the State contends) such that the police are imme…
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    1. Why stage the gun theft as a burglary (as the State contends) such that the police are immediately called and a record is created? Why not just “borrow” it? It might not be discovered missing for months and it probably wouldn't be known exactly when it went missing.
    Answer: A valid Question, but the answer is probably as simple as Jodi lacked the resources to get a gun. She had enough sense to change the bullets as they would easily trace back to her grand parents. Lets not forget that $30 was taken as well a DVD player. If you remember her testimony - she left Daryl Brewers house, only to return to give him the remote to his DVD player. In his deposition, Daryl stated that he bartered the gas cans with Jodi, for a DVD player that she gave him. Why would she do this rather than just return them? Perhaps to dispose of the cans to better cover her tracks and be able to maintain her original story that she was never in Arizona.
    ...
    from Jodi. (And you can be sure if he had and it proved to be her grandfather's, Martinez would have presented it during trial.) There is
    In addition, if she was going to steal a gun to commit a murder, why didn’t she “stage a burglary” at her parents’ house where her father kept numerous guns, including a 9mm, a gun with a silencer and several that were even unregistered? But the State would have us believe that among all the murder weapons available she chose the least powerful. And then, to make the killing even more difficult, she supposedly changed out the more powerful hollow point bullets in this already wimpy gun for less powerful round point bullets.
    4. Why visit friends in the rental car if its purpose was to travel in a car not connected with her?
    Answer: Jodi was attempting to hide from those who knew her and her car in Arizona. That's why she traveled at night, and left in the evening. No one knew much about Jodi in Utah, and she was driving a non descriptive car.
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    possible witnesses. And why not borrow a car from a friend such that there would be no paper trail and the mileage could not be determined?
    5. Why borrow gas cans from someone who will mention them to someone, should he ever be questioned? Why not buy gas cans with cash in no-man's land or in some large store where she'd be just one of many customers?
    Answer: She lacked the funds to do so... further in her plan she never intended to admit that she was ever in Arizona.
    ...
    8. Why didn't she kill him upon arrival at 4 am? She's already going to be late getting to her so-called alibi.
    Answer: Jodi needed to know at the time that she got there that none of Travis's roommates were home and able to detect her.
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    the front door?door, when anyone could be walking by the sidewalk near the front of house where the bathroom is? This is Jodi's brilliant plan?
    10. Why have sex with him and leave her presence all over the crime scene?
    Answer: As she said in her police interview, her "presence" is there because she has been there numerous times. She thought that answer would stick.
    ...
    12. Why would she first attack a man who has 16-1/2 inch biceps, and at least 70 pounds on her, using a knife if she supposedly came with a gun?
    Answer: Her intention was to kill him. Firing multiple times into him could be heard by neighbors or roommates. She figured to stab him while the water is running and when he was the most vulnerable; naked and wet.
    SoSo, again, instead she
    13. If she planned to stab him in the shower, why does she not do it during the 40+ seconds he is standing with his back to her?
    Answer: She stabbed him when she felt best that the opportunity presented itself.
    (view changes)
    11:59 am

Sunday, March 18

  1. page Ten Kinds of Unfairness edited ... 8 Nonsequestration of jury. An unprecedented media campaign of hatred against Arias preceded a…
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    8 Nonsequestration of jury. An unprecedented media campaign of hatred against Arias preceded and accompanied the trial. One channel, HLN, devoted up to eight hours a day to mocking, vilifying, dehumanizing, and demonizing her. HLN’s torrent of abuse has no counterpart but Oceania’s campaign against Emmanuel Goldstein, in 1984. Numerous hate sites also sprang up in social media. Jurors had free access via internet to all of this prejudicial material – not just at home, but even in the courthouse itself. The judge’s actions to avoid jury taint were clearly ineffective, since a dismissed juror admitted talking with other people about the case, though he had never said so when questioned by the judge. A juror question also showed access to news coverage. Even County Attorney Bill Montgomery had warned against not sequestering the jury in a case of such national prominence. Juries were sequestered in two similar high-publicity trials, those of Casey Anthony and George Zimmerman.
    9 Reasonable doubt on self-defense. LaViolette explained how the Alexander-Arias relationship resembled the abusive ones on which she is an expert, and she found Arias’ story wholly credible. The prosecution bore the burden (in Arizona) of disproving self-defense beyond reasonable doubt. On what basis can a juror conclude that an expert opinion is false beyond reasonable doubt? True, the jury had other evidence besides. But the state had earlier denied its own gunshot claims (§6), incapacitation was further rebutted by a defense brain expert, and the premeditation evidence was very weak (§5). None of this extra evidence shows that no reasonable person could hold LaViolette’s view of Arias’ mental state, as is required to vote for conviction.
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    jury deliberations.

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    3:48 pm
  2. page Ten Kinds of Unfairness edited ... 6 State perjury. Taken together, medical examiner Kevin Horn’s autopsy report and his testimon…
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    6 State perjury. Taken together, medical examiner Kevin Horn’s autopsy report and his testimony assert an anatomical impossibility: that the bullet passed through Alexander’s right frontal lobe, yet his dura mater (the outermost membrane covering the brain) was intact. This is as impossible as a bullet’s piercing the heart without breaking the skin. At trial, Horn said his dura-mater statement was a “typo.” But he did not say what it was a typo for. The error could not be just a missing ‘not’: autopsy reports describe injuries; they do not merely say organs are “not intact.” Moreover, the actual statement (p. 7) is: “The dura mater and falx cerebri are intact.” The falx cerebri is not near the alleged bullet track. Also, at a pretrial hearing and in depositions, Detective Esteban Flores testified that, based on what Horn had told him the day before the hearing, the gunshot came first, and it did not incapacitate Alexander or did so only briefly. This agrees with Arias’ self-defense story. At trial, however, Horn claimed that the gunshot wound came last and had to be incapacitating. He also claimed that he could not recall ever speaking to Flores about the case. So, before or during trial, the state switched not just the details of its charges, but even its key facts. It is probable that one or both of these state witnesses committed perjury.
    7 Other prosecution misconduct. Prosecutor Juan Martinez denied the existence of evidence, then introduced it against the defendant at trial. He also withheld other key evidence, like the camera, from the defense. At trial, he threw objects around the courtroom, including an exhibit (the camera). He continually bullied defense witnesses, including experts, argued with them, cut off their answers, and distorted their testimony. He even misdescribed his own witness’s testimony (the “bloody” handprint, which a state witness had said tested negative for blood). Defense objections to his outrageous courtroom conduct were consistently but wrongly overruled. In closing, he flagrantly misstated the law of felony murder (§4).
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    social media.
    Jurors
    Jurors had free
    9 Reasonable doubt on self-defense. LaViolette explained how the Alexander-Arias relationship resembled the abusive ones on which she is an expert, and she found Arias’ story wholly credible. The prosecution bore the burden (in Arizona) of disproving self-defense beyond reasonable doubt. On what basis can a juror conclude that an expert opinion is false beyond reasonable doubt? True, the jury had other evidence besides. But the state had earlier denied its own gunshot claims (§6), incapacitation was further rebutted by a defense brain expert, and the premeditation evidence was very weak (§5). None of this extra evidence shows that no reasonable person could hold LaViolette’s view of Arias’ mental state, as is required to vote for conviction.
    10 Governor’s statement of guilt. To complete a perfect storm of injustice, Arizona governor Jan Brewer stated on television that Arias was guilty – during jury deliberations.
    (view changes)
    3:42 pm
  3. page space.menu edited ... H. Martinez Bar Charges {martinezbarcharge.pdf} I. Questions to Ponder - A Typical Response …
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    H. Martinez Bar Charges {martinezbarcharge.pdf}
    I. Questions to Ponder - A Typical Response
    J. 10Ten Kinds of
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    3:39 pm
  4. page Ten Kinds of Unfairness edited ... JODI ARIAS TRIAL A TRIALA Summary by 1 Intimidation of defense. Defense counsel, expert …
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    JODI ARIAS TRIAL
    A
    TRIALA Summary by
    1 Intimidation of defense. Defense counsel, expert witnesses, and prospective character witnesses all received death threats, other threats, or actual injuries which affected their behavior. For example, domestic-violence expert Alyce LaViolette, during her testimony, was treated in hospital for anxiety. At the same time, there was a national campaign to ruin her reputation by posting bad reviews of her books and by pressing organizations to cancel speaking engagements. The judge took no effective action to protect the defense from any of these acts, which are state, and arguably federal, crimes.
    2 Due process I: essential elements. Arias was charged with first-degree murder on two alternate theories: premeditation and felony murder. Yet the felony in question was never definitely specified, even in the state’s closing argument. At midtrial, and briefly in closing, the state said it was second- degree burglary with intent to assault. More often in closing, the state said it was second-degree burglary with intent to steal a gun. It should be viewed as a Sixth-Amendment violation for a defendant not to be told the details of the charges against her – the essential elements of the crime – in her indictment, long before trial. Forgy v. Norris, 64 F.3d 399 (8th Cir. 1995). Also, the jury was not even instructed as to which such ulterior offenses are felonies, though ‘felony’ is a key term in the definition of burglary.
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    3:37 pm
  5. page space.menu edited ... H. Martinez Bar Charges {martinezbarcharge.pdf} I. Questions to Ponder - A Typical Response …
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    H. Martinez Bar Charges {martinezbarcharge.pdf}
    I. Questions to Ponder - A Typical Response
    J. 10 Kinds of Unfairness
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    3:36 pm
  6. page Ten Kinds of Unfairness edited ... ARIAS TRIAL A Summary by a Concerned Citizen 1 Intimidation of defense. Defense counse…
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    ARIAS TRIAL
    A Summary by a Concerned Citizen

    1 Intimidation of defense. Defense counsel, expert witnesses, and prospective character witnesses all received death threats, other threats, or actual injuries which affected their behavior. For example, domestic-violence expert Alyce LaViolette, during her testimony, was treated in hospital for anxiety. At the same time, there was a national campaign to ruin her reputation by posting bad reviews of her books and by pressing organizations to cancel speaking engagements. The judge took no effective action to protect the defense from any of these acts, which are state, and arguably federal, crimes.
    2 Due process I: essential elements. Arias was charged with first-degree murder on two alternate theories: premeditation and felony murder. Yet the felony in question was never definitely specified, even in the state’s closing argument. At midtrial, and briefly in closing, the state said it was second- degree burglary with intent to assault. More often in closing, the state said it was second-degree burglary with intent to steal a gun. It should be viewed as a Sixth-Amendment violation for a defendant not to be told the details of the charges against her – the essential elements of the crime – in her indictment, long before trial. Forgy v. Norris, 64 F.3d 399 (8th Cir. 1995). Also, the jury was not even instructed as to which such ulterior offenses are felonies, though ‘felony’ is a key term in the definition of burglary.
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    3:35 pm
  7. page Ten Kinds of Unfairness edited TEN KINDS OF UNFAIRNESS IN THE JODI ARIAS TRIAL 1 Intimidation of defense. Defense counsel, e…

    TEN KINDS OF UNFAIRNESS IN THE JODI ARIAS TRIAL
    1 Intimidation of defense. Defense counsel, expert witnesses, and prospective character witnesses all received death threats, other threats, or actual injuries which affected their behavior. For example, domestic-violence expert Alyce LaViolette, during her testimony, was treated in hospital for anxiety. At the same time, there was a national campaign to ruin her reputation by posting bad reviews of her books and by pressing organizations to cancel speaking engagements. The judge took no effective action to protect the defense from any of these acts, which are state, and arguably federal, crimes.
    2 Due process I: essential elements. Arias was charged with first-degree murder on two alternate theories: premeditation and felony murder. Yet the felony in question was never definitely specified, even in the state’s closing argument. At midtrial, and briefly in closing, the state said it was second- degree burglary with intent to assault. More often in closing, the state said it was second-degree burglary with intent to steal a gun. It should be viewed as a Sixth-Amendment violation for a defendant not to be told the details of the charges against her – the essential elements of the crime – in her indictment, long before trial. Forgy v. Norris, 64 F.3d 399 (8th Cir. 1995). Also, the jury was not even instructed as to which such ulterior offenses are felonies, though ‘felony’ is a key term in the definition of burglary.
    3 Due process II: guilt via state falsehood. In closing, the state invited the jury to convict Arias of felony murder based on the second-degree burglary of unlawfully remaining in Travis Alexander’s house with the intent to steal his gun. Yet the state, in attacking Arias’ self-defense story, had argued vigorously that Alexander owned no gun. Rather, a mainstay of its case for premeditation was to accuse Arias of stealing her grandfather’s gun a week before. Thus, the jury was invited to convict her of a crime by finding that one of the state’s own main assertions was false beyond reasonable doubt. That is likewise inconsistent with due process.
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    been voided.
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    First, the state
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    her receipts.
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    On such facts,
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    premeditation votes
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    as unreasonable. With
    ...
    bullet track.
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    ...
    key facts.
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    7 Other prosecution misconduct. Prosecutor Juan Martinez denied the existence of evidence, then introduced it against the defendant at trial. He also withheld other key evidence, like the camera, from the defense. At trial, he threw objects around the courtroom, including an exhibit (the camera). He continually bullied defense witnesses, including experts, argued with them, cut off their answers, and distorted their testimony. He even misdescribed his own witness’s testimony (the “bloody” handprint, which a state witness had said tested negative for blood). Defense objections to his outrageous courtroom conduct were consistently but wrongly overruled. In closing, he flagrantly misstated the law of felony murder (§4).
    8 Nonsequestration of jury. An unprecedented media campaign of hatred against Arias preceded and accompanied the trial. One channel, HLN, devoted up to eight hours a day to mocking, vilifying, dehumanizing, and demonizing her. HLN’s torrent of abuse has no counterpart but Oceania’s campaign against Emmanuel Goldstein, in 1984. Numerous hate sites also sprang up in social media.
    (view changes)
    3:29 pm

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