The Tables Have Turned part 6 – Phenomenon

Fact-based reporting and video blogging

by Rob Roman

Jodi Arias trial days 2 sm

In part 6, we look at the phenomenon that is Jodi Arias. Whether you want to admit it or not, Jodi Arias does have some amazing capabilities. I mean, could you make a perfectly normal and even bouncy sounding voice mail right after you hacked up your intimate partner? Could you smile for your mugshot, sing and do head stands right after you’ve just been arrested for murder? Could you go head to head with Juan Martinez and even get the better of him every now and then?

The phenomenon that is Jodi Arias

Could you stand in front of the jury that’s deciding whether you live or die and tell them that their verdict was wrong and show them your domestic violence Survivor T-shirt? Could you be profound, warm, and originally entertaining with tweets sent from 23 hour lock-down in jail while you are awaiting the remainder of your death penalty trial? – without even knowing what Twitter is?

Notice how Jodi Arias uses pieces of evidence and intertwines them in her narrative to lend credibility to her story? “He had some blood all over the floor and there was some  just coming down on his arms.”

Sound familiar?

crime scene foot photo lt

The funny thing about this interview is that Jodi Arias tells the story as if she was not there at all, the emotions aren’t there, the details aren’t there, and this is why some Jodi Supporters continue to claim that she was not involved in the killing.

Could you do a series of interviews taking on every subject under the sun and do a very impressive job of it, right at the end of your capital murder trial and just after almost being sentenced to death?

Would you have the nerve to actually beg the jury to give you the death penalty in your penalty phase re-trial? (No testimony other than testimony given under conditions impossible to be met by the court, no mitigation witnesses presented, no allocution) Jodi Arias is all that and more. Look at how well she handles her first interview with Troy Hayden.

Could you fabricate a story out of whole cloth and tell it to a nationwide audience on TV? Could you win a talent contest among scores of inmates? Could you sing the Star Spangled Banner for a large audience at a County Fair? Could you sell your artwork for thousands of dollars a pop? Jodi Arias can do all this and she does it well. She takes a story that she made up, to explain her presence in Travis Alexander’s home, tells it on National TV, and then she turns it into a sprawling manifesto.

Love her or hate her, you have to admit that Jodi Arias is a phenomenon.

Thoughts on Travis Alexander

Is there some kind of relationship between this story by Travis Alexander about how he was held at gunpoint at a Diner, and what happened on June 4th 2008? In this familiar film clip. Travis is sitting in the hotel lobby with a bunch of PPL friends (Pre-Paid Legal Insurance brokers). The friends are sitting in groups of couches and chairs, there are maybe 30 people, and some are standing. He’s relating a story about a time he was held with others at gunpoint. Jodi Arias seems to be tired and is not listening to the story, and she’s all over Travis in a very inappropriate way, especially for a single Mormon.

“To think this is how you die ….. this is it

and there’s this woman who’s about 10 feet away

and she started like crying uncontrollably.

So I got a gun against my temple and he keeps, like.

doing this with his gun (makes gestures).

and she’s very near,

so, I’m looking in my peripheral

because I don’t want to turn this way and I’m like:

“shut up”, because

he’s like: “SHUT UP! –  SHUT UP! – SHUT UP!”

and I got this gun against my head

and all he needs to do is squeeze, you know?

and I’m like

this woman is gonna get me killed

and I’m like looking at her like with

all the despair I can muster up in my retina

you know what I mean and it was…..it was….it sucked.”

Are we seeing some kind of communication here? (photo enhanced by Gray Hughes)
Are we seeing some kind of communication here? (photo enhanced by Gray Hughes)

It’s a mystery what is going on here, with Travis seated in the shower and seeming to look despairingly at the camera. It’s difficult to know if he’s being threatened with a weapon or just getting exasperated at Jodi Arias’ antics. This is right before what ever happened in the bathroom happened, just a minute before the attack.

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So does Travis’ story of a near-death experience play any part in Jodi’s plans? Did she hear that story ‘a million times’? It’s all part of the mystery, the things that only Jodi Arias knows for sure, and probably will never tell. Even if she did tell us, could we believe her? I think Jodi Arias revels and basks in the radiance of this deed. She tells the story her way, knowing that no one can contradict her and she realizes that “no one knows what goes on behind closed doors” except her and Travis.

Here is Travis’ story of his near-death experience, and then another story is told about a confrontation between Jodi and Travis’ good friend, Sky Hughes.

Was the gun first or last?

A reader reminded me that I did not address the gun first or last issue. It’s strange, because, if it could be proven that the gun was not first, then it’s game over for Jodi Arias without having to address anything else.

If the gun was not first, she’s guilty of 1st degree premeditated murder – The End.

Much has been made about the defense not having their own medical examiner to counter the prosecution’s charge that the gunshot was last. Really, if the defense actually had their own Medical Examiner, they could not counter the prosecution theory. The most they could do would be to say that gunshot first was a reasonable possibility. Maybe it just wasn’t worth it to go through all that with another expert just to say it was a reasonable possibility.

Important to remember: Gunshot first does not mean it had to be self-defense. There’s a gunshot first self-defense scenario and a gunshot first murder scenario, in addition to the gunshot last murder scenario.

Dr. Horn, the Medical Examiner who did the autopsy on Travis, stated unequivocally, and at three different times on the stand during the trial, that the gunshot had to be last, and could not have been first.  As a juror, that’s all I would have to rely on to find that Jodi Arias is guilty of 1st degree premeditated murder. I need to hear no other evidence at all (other than proof that she was at the scene and she did kill Alexander).

As such, the defense made a huge error in not opposing this idea that it’s impossible for the gunshot to be first. These missteps of the defense are not grounds for appeal. If the prosecution knowingly presented evidence to the jury that they knew was wrong, which I and many others believe they did, then that is grounds for an appeal, if it can be proven.

People like to point to the fact that the bullet casing landed on blood, indicating that the the stabbings came first before the shooting.

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bullet casing close up lt lg

This is not a “pool of blood”, but only a spot of blood that’s about 1″ or so long.

  • No one had proven that that casing was exactly where it first landed on June 4th, 2008.
  • The casing could have come first and the blood oozed under it.
  • That blood could have come from the gunshot wound
  • The casing could have been kicked by Arias, by a roommate, or by the police.

winchester .25 auto

  • Polished brass is a very slippery substance and blood does not adhere to it. It’s possible the blood fell on top of the casing.
  • The prosecution argued that a violent confrontation and a hasty clean-up happened in the bathroom, yet they want you to believe that the shell casing was found exactly  where it landed.
  • The prosecution argued that the floor, especially by the linen closet, was flooded with water, yet at the same time, they want to argue the casing never moved.

various hollowpoint bullets

bathroom sink closet shell

Video from the firing of a typical .25 caliber “Saturday Night Special” shows that the expired casings are ejected just over the person’s right shoulder. Most left handed people fire a gun with their right hand. Arias could have used either hand. Let’s see if we can trace the casing backwards:

Please bear with this video and watch how close to the end, you will see how the ejected shells fall and that the magazine is often the culprit when these guns jam. The man also notes that it is not best to fully load the magazine with 6 in the mag. and 1 in the chamber, as this can cause problems with the magazine. This is exactly how Jodi’s grandfather kept the gun: fully loaded.

crime scene bullet casing

  1. In the gunshot last murder scenario, assuming the body was brought in head first, the placement of the casing would eject over Arias’ shoulder, and this placement makes sense. If the body was dragged back legs first, then this scenario doesn’t work. The shell casing would be somewhere in the middle of the hallway. Here’s yet another reason why the gunshot last theory doesn’t fit the evidence.
  2. In the gunshot first murder scenario, if Arias shot Travis in the shower, the casing could eject over her shoulder, bounce against the shower door, and could roll or bounce to the location the casing was found in.
  3. If, in the gunshot first self-defense scenario, Arias somehow ended up with the pistol facing the back corner of the bathroom when she fired a shot and the casing ejected, the casing could also end up where it was found.

So the placement of the casing could support all three scenarios.

Remember that baseboard with the blood on it?

crime scene closet door trim 2

This evidence implies that the body was dragged down the hallway by the legs, then swung around by the arms to go into the shower, scraping the bloody head or hand against the baseboard. That would go against the bullet casing ending up where it did in a gun last scenario, assuming it never moved once it landed. Another possibility was that the body was brought in by the legs, spun around, and then placed directly into the shower before being shot. In this scenario, Arias would have to have him propped where he was sitting in the shower photo, shoot him in the head, then spin him around 180 degrees to the position he was found in. In that case, the bullet could get there in the same way as it could have in the gunshot first murder scenario.

Travis may have been shot as he sat in the shower stall. Here he is seated to Arias' left, which would make it difficult for a left handed person to stab someone.
Travis may have been shot as he sat in the shower stall. Here he is seated to Arias’ left, which would make it difficult for a left handed person to stab someone.
Travis was found with his back against the right hand side of the shower. You can see his leg and his bloated belly.
Travis was found with his back against the right hand side of the shower. You can see his leg and his bloated belly.

Besides, the Medical Examiner – Dr. Horn’s, testimony that the gunshot wound had no blood in the wound track and would have been immediately and permanently disabling, rendering a gunshot first scenario impossible in his opinion, there are a few other reasons for believing in such a scenario. one is the bullet casing found in blood, already mentioned. The other is the blood pools by the linen closet door, indicating the body may have been brought to that area to be shot. The body probably was not shot in the shower after being dragged back there, because the right side of the body was towards the rear of the shower.

crime scene closet 2 lt

That’s about all the evidence there is indicating this possibility. However, Dr. Horn’s opinion in past cases pointed to one of two possibilities as being the only possibility. This includes two wrongful convictions / prosecutions where Dr. Horn was found to be in error. One was a Death Penalty case. Why didn’t the defense hire their own medical examiner? No one knows at this point. Is it because no one can dispute the medical examiner? If that’s true, then this case is ‘game over’.

Reasons to believe the gunshot was first, whether self-defense or murder:

  • Injuries indicated by blood evidence in the bathroom to the left of the sink are consistent with a gunshot wound, while injuries indicated by blood evidence in the bathroom to the right of the sink are consistent with knife wounds.
  • The defendant claimed from the beginning that the gunshot was first. The defendant described the ringing of the gun and the decedent holding his head and letting out a high pitched wail.
  • If this was a gunshot first murder, then the defendant stole her grandfather’s gun. Why go through all the trouble to steal the gun if the plan was to use a knife?

25 raven 3

  • A gunshot wound like that is immediately and permanently incapacitating, according to whom?
  • It didn’t incapacitate Kevin Bright –
  • Kevin Bright survived two gunshots by the BTK killer. The first was directly into his brain. He went down, then cam back up and fought of the killer and survived.
    Kevin Bright survived two gunshots by the BTK killer.

    Kevin Bright of Kansas survived two gunshots by the BTK killer. He fought off the killer and was shot directly into the brain. He went down, and was shot again. He then came back up and was able to negotiate his way out of the house to safety. Kevin Bright was the only witness to see the BTK killer and survive. The bullet remains in Mr. Bright’s brain today.

    Kevin Bright of Kansas today. His sister was strangled and murdered by the BTK killer.
    Kevin Bright of Kansas today. His sister was strangled and murdered by the BTK killer.
  • Kevin Bright of Kansas survived two gunshots by the BTK killer. He fought off the killer and was shot directly into the brain. He went down, and was shot again. He then came back up and was able to negotiate his way out of the house to safety. Kevin Bright was the only witness to see the BTK killer and survive. The bullet remains in Mr. Bright’s brain today.
  • Travis’s left hand was severely cut up with 4 incised wounds, the majority were deep. Travis’ left hand would have been pouring blood. The scene at the sink is not consistent with that. It’s more consistent with a gunshot wound and a bloody right hand where he was holding the wound. Injuries to the scalp and forehead are very bloody due to all the small arteries and veins there.

sink 3 lg

  • If Travis were motionless, then why is the shot such a badly placed shot?
  • In order for a shot to be made to Travis lying on the floor at this angle and trajectory, the barrel of the gun needs to be around 8 to 12 inches off the bathroom floor. This is not a reasonable or natural position.

travis-floor

  • Shooting someone post mortem is the infliction of “gratuitous violence”. This perfectly fits the Arizona requirements for the Heinousness and the Depravity prongs of the “especially heinous, cruel and depraved” aggravator. Incredibly, Arias was only charged with the cruelty prong of the aggravator, demonstrating that the prosecution did not believe Alexander was shot post mortem at the time of the indictment and subsequent pre-trial hearings.
Inflicting more damage than is need to kill the victim almost always automatically qualifies the murder as both "heinous" and "depraved".
Inflicting more damage than is need to kill the victim almost always automatically qualifies the murder as both “heinous” and “depraved”.

atrocious not heinous

  • The only way felony murder applies to this case, is if this was gunshot first. This would be attempted murder and the gun failed to kill Alexander, so Arias switched to a knife to finish Alexander off. This indicates that the state believed this was a gunshot first murder, originally. That makes it a felony murder because the gunshot was not fatal and constitutes an assault. At this point Arias is not welcome in the home unless she renders aid / calls for help. Instead of helping Alexander, Arias gets a knife and finishes him off, constituting Felony Murder. If it was knife first, there is no separate assault and therefore it is not felony murder.
  • A person who is shot in the head is much more likely to go to a mirror to check what is wrong than a person who is stabbed. if you’re stabbed, you do not have to go to a mirror to see your wounds.

There are a bunch more good reasons, including that the trajectory for Travis being shot in the shower in the last position he was photographed in fits perfectly.

From Gray Hughes Video
From Gray Hughes Video

If he never saw the gun, from this angle, Travis would never know he’d been shot. There would be pain, blood, and confusion, prompting the trip to the mirror.

Gray Hughes, and a lot of other people who believe this was a 1st degree murder, also believe the gunshot was first, in spite of Kevin Horn, an M.D. and Medical Examiner, saying that this is impossible. Regardless of what Jodi Arias did, it seems that the state led the jury to believe something that the state itself did not believe to be true.

Look where Dr. Kevin Horn is pointing. That's not where the gunshot was. Too many autopsies for Horn?
Look where Dr. Kevin Horn is pointing. That’s not where the gunshot was. Too many autopsies for Horn?
Think Dr. Horn is always right? Ask these two people.
Think Dr. Horn is always right? Ask these two people.

So, just  like Forest Gump – “That’s all I have to say about thaaaaaaat.”

“Jodi couldn’t get Travis in life, so she chose to own him in death.”

This is what someone in our facebook group said, and truer words were never spoken, in my opinion. If you really look at Jodi’s actions:

  • She didn’t ask for an attorney
  • She didn’t invoke her 5th Amendment rights
  • She wrote that very strange manifesto and the letter to Travis’ family
  • Arias’ behavior in court indicates she feels she was justified
  •  Arias’ really begging for the death penalty in the 2nd penalty phase trial
  • Arias’ really odd interviews before and after the trial
  • Arias’ asking for make-up and her smiling mugshot
  • Arias saying in the 48 hours interview “He (God) knows, and I know, and Travis knows“.

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….. and her unceasing interest in what people are saying about her all scream

“I own Travis in death”. All these secrets, that only she knows, about what really happened are precious jewels to her, in all probability, because this is how she can own him outright and forever. The manifesto and letter to the family both show a strong will to be the writer of history where Travis is concerned. It’s way overblown, as this was a very brief relationship of only a few months, really. They were “official” for 5 months. They knew each other for a year and a half. – Whoopee!

I believe that, in Jodi’s mind, he is hers and no one elses for eternity.

This is the best way to explain what we saw at trial and in the interviews and in the writings.

Don’t give false hope

I think what I have learned in supporting Jodi Arias and reporting on “the other side of the story”, is that knowing what I know and what I have learned and reading what others have written, I cannot pretend that there is a chance for Jodi Arias to prevail in a new trial although she may be able to win a reversal of her conviction and a retrial. I think really caring for someone is to not give them false hope.

Always I had a belief that there was a reasonable possibility that Jodi was not guilty of the charge of 1st degree murder. There’s no doubt in my mind that the state had a strong will to give Arias the maximum penalty for this horrendous death. They may have gone too far, well, they did go too far, but that’s not a reflection of this being anything other than what it appears to be.

Now, I have exhausted all possibilities and find that I can see no way forward for her. I wish her luck with her appeal(s) and I really believe, at this point in time, that she deserves a new trial, which is much different than saying she can get a better outcome. I hope she is treated no differently in prison than any other prisoner, and I hope she has some dignity and something to look forward to in life.

People will disagree and say it was a fair trial, and the defense got everything they wanted and Judge Sherry Stephens “bent over backwards” for Arias and the defense, to make certain it was a fair trial, but that is all mythology. Errors happen in trials and one error is all it takes. That doesn’t mean the trial wasn’t as fair as could be. The longer a trial goes on for, the greater the chance of an error. The harder the prosecution is pushing for a certain outcome, the greater the chances for error as well.

Phenomenon

I always like to be on the right side of a case. I think the fairest thing I can do for both myself and Jodi Arias, is to say that I did my best to support her and to find every way possible to see that there was a reasonable possibility to her story, but there just isn’t, at long last, in my opinion. I think Jodi Arias has no respect for those she gets over on, and I hope she has respect for people who she can not get over on.

Most people are not blindsided by Arias because of sex appeal or attraction, or her Laws of Attraction. Most are not drawn to her because they were victims of abuse or reformed practitioners of abuse. They are drawn to her and they care about her and they idolize her because this woman is truly a phenomenon. I hope you can keep an open mind and just drop everything you know or believe about Jodi Arias for a moment and listen to this next section.

Watch how this exchange between Jodi Arias and Prosecutor Juan Martinez is eerily reminiscent of Abbot and Costello’s Who’s On First comedy routine.

I was really captivated by Jodi Arias because she can really draw you in and she looks believable and honest whenever she talks. Really, the post-guilty verdict interview is amazing, as are most of her interviews. Watch it and try to listen to it with an open mind. She’s completely believable. The other thing you should look at is her last full day of testimony. Who is in control and who is flustered here?

Anyone who has ever testified in a courtroom before knows how difficult and stressful this situation can be, even for a few hours on the stand. Jodi Arias testified for 18 days on the stand, returning to her cell every night on two meals a day and having to get up as early as 4:00 AM each day. To me it’s startling.

The woman is a phenomenon, as was Travis, but each in a different way. She’s clever and fast on her feet. I think she had him wrapped, I think she knew it, and I believe when she lost that control and Travis pulled out of her orbit, she snapped.

Incongruence

I think the key to the Jodi Arias case and the heart at the middle of the whole thing is this one word: incongruence. Once I understood that, it all became clear. Jodi Arias can make everything  look and sound good, but her actions, and the actions of her “fans” (Big difference, now, between “fans” and “supporters”) are incongruent. It’s just another word for inconsistent. When you see Jodi Arias through the lens of incongruence, you can finally see the truth.

Loving an ex lover, a friend, a person you admire and being forced to kill them in a violent and gruesome manner is incongruent with Jodi Arias’ actions and behaviors. Sending that letter to Travis’ family, people who lost a brother in a horrible fashion, is incongruent with someone who really loves this person and by extension, is sensitive to his family’s feelings at one of the worst times in their lives.

But, just look at what Jodi Arias writes to the family:

  • “Deanna Reid. I had no hostility towards her, from what Travis said, she seemed like a very nice girl. But he made it clear that she could under no circumstances ever know about us because if she found out she would freak out and he was tired of dealing with her every time he tried to date someone.” – Why would the Alexander family give a horse’s patootie about that?
  • “We often talked about family structure, baby names, how many children we wanted, boys, girls, etc.” – Great thing to tell his relatives who just buried him.
  • “No matter how painful it is, we must trust that the hand of God is at work in our lives.” – Well, okay, but I would not say that.
  • She talks about their trip to Daniels Summit, Utah, for which they had an inside joke on the phone sex tape. Remember? And then Travis said that Jodi was “at the top of his list”, and Jodi made a joke out of “in more ways than one!” (Here Jodi is talking about her last name, Arias, which when going by alphabetical order, puts her, and Travis also, near the top of the list. This is when she admits going through Travis’ text messages in his phone.
  •  Jodi Arias also admitted that she was caught going through Travis’ e-mail, because a friend of his noticed that his g-mail log-in said he was on-line at a time she knew for a fact that he was not online. Jodi was caught red handed, although she had all kinds of intricate explanations for her behavior.
  • Did you see in the trial, the phone expert? Jodi spent 16 minutes on June 4 after 11 PM, going through Travis’ voice mails after he was dead. Now that’s Nosy.
  • They broke up, but Travis didn’t want to break up. He asked Jodi to marry him. Jodi didn’t want to move to Mesa. Travis insisted that she come. One would have a hard time believing ALL of these statements.
  • In March 2008, they had a “come clean” conversation where Travis tells Jodi he was dating Lisa Andrews almost the whole time Jodi had been in Mesa. Travis admitted he was interested in Mimi Hall and was gushing about her. “But when it was my turn to come clean, his attitude changed 180 degrees. All hell seemed to break lose. He lost his temper and flew into a rage. He began punching himself in the head so hard that he injured his neck and his back and could barely turn his head from side to side. I was afraid to get near him, but I wanted him to stop.”  Well, do you suppose that Jodi might be re-writing history here?
  • “Travis never hit me in the face, but he bruised me in other parts of my body. It was easy to shrug off a few visible bruises to friends. I could blame it on work or clumsiness.” This shows that Jodi Arias was talking about physical abuse as early as 2 weeks after her arrest. But is that something you want to tell his family?
  • “I know it is common behavior for women in abusive relationships to protect their partner by covering for him (or her) by making excuses….”
  • “But even when I moved away, he didn’t let up…..Travis called me in the middle of the night, angry that I’d moved, angry that I’d dated other guys.”
  • “His cruelty and abuse never made me angry.” – Whoah
  • “Travis told me that I hurt him more than the death of his father. How is it that he could date and have relationships but if I did so he branded me a whore?
    “He would not let me escape his influential grasp. He called me at all hours of the night.” “He would send me sweet text messages in the middle of the night, beckoning me to get up out of bed and sneak over to his house.” – Possibly some re-writing of history going on here, too.

Notice how much Jodi Arias talks about herself and how little she talks about Travis.

  •  “At the time I didn’t notice the pain, maybe it was the adrenaline, but my left foot was later throbbing and bruised so I know she (the female ninja intruder) got me at least once, probably more on that foot, and she had caused two toenails on my other foot to bleed, which I didn’t discover until later as well.” – Oh, really? Why should Travis’ family give a hoot about that?
  • “I did not harm Travis, I did not take his life. But looking back on the way that I acted, I might as well be held equally responsible for his own death ***” I did not commit a murder that day, nor would I ever harm Travis.”
  • “I hesitate even mentioning all of the little knick-knacks he’d accumulated that adorned his house as a result of our travels together or the gifts from me that he treasured and proudly displayed for fear it would taint your opinion of those same items, which are no doubt now in your possession.
  • Jodi Arias explains why she smiled for her mugshot. “I know of my own innocence, and so does our Father in heaven.” “As for the physical way he retaliated during two arguments that we had, my father has done worse to me as a means of discipline.”
  • “Ultimately, the persons responsible will be held accountable. I however will not serve one day in prison for a heinous crime in which I had no part.”
  • “Travis lives. He is not far and it won’t be long until you see him again. “…and your sorrow will be turned into joy. – John 16:20”

Saying you don’t want to present Travis Alexander in a bad light at the same time your letter to the decedent’s family does just that, is incongruent. Not getting emotional when viewing Travis’ remains and crime photos is incongruent to Jodi Arias trying to present herself as a person who was forced to kill him. Allowing Simon Johansson and JAII to say horrible things about Travis Alexander’s family is incongruent with supposedly being forced to kill Travis. The same for her mugshot. The same for her writings and the interrogations which were all about Jodi and almost nothing about Travis.

That’s icongruence. Once you realize this, you cannot be fooled by Jodi Arias ever again. Perhaps this is the truth that Travis Alexander was just starting to realize and he realized too late.

In case you are STILL not convinced?

Get on the bus – the Omnibus.

The Omnibus hearing

Remember that Omnibus hearing – Motion to dismiss the Death Penalty, for lots of defendants facing the death penalty, to see if the death penalty should be taken off the table in their cases? Jodi Arias was supposed to be a part of that.

From Fox10Phoenix.com

“PHOENIX (KSAZ) –A major issue is taking center stage in superior court on Friday. A judge will hear arguments challenging how the death penalty is applied to cases in Arizona.

More than two dozen Arizona death row inmates have come together hoping that their lawyers can argue to have the death penalty taken off the table in their cases.

Death row inmates say the law is unconstitutionally arbitrary. Their reasoning is that under Arizona law, there are 14 aggravating factors listed giving the justification to apply capital punishment. By and large the most popular aggravating factor is “Especially Cruel”, one prong of the “especially heinous, cruel, or depraved, the F(6) aggravator.

The prosecution only has to allege at least one of those factors to seek the death penalty as a possible punishment.

Opponents say with that many options, nearly all first degree murder cases can be made to fit under at least one of these aggravating factors, leaving more defendants eligible for the death penalty at the whim of prosecutors.

The suit cites a 1972 ruling in which the US Supreme Court said the state’s laws must distinguish between cases for which a death sentence can be sought and ones that can’t. There must be a narrowing factor, that makes a Death Penalty case objectively in a separate category from non-capital cases.

The hearing will be held at 1:30 p.m.

It’s not clear what will happen to all the death row cases in Arizona if they judge rules that the law in unconstitutional.”

My understanding is that nothing happened at that hearing in front of Judge Steinle. So, it wouldn’t have helped Jodi Arias had she been sentenced to Death and would not be applicable if it had, since she was handed down a Life sentence.

thrown_under_the_bus_vision

Darryl Brewer

Will Jodi Arias throw you under the bus? The chances are great. Look at all the supporters she has done this to already. Earlier in the series, I reported all the people Jodi Arias turned on, but if you’re STILL not convinced, think about Darryl Brewer.

This man had to face scrutiny from his community and loved ones in order to defend Arias, a person who had left him hanging with a mortgage and bills he could not pay on his own. STILL, this man comes and does a wonderful job for Jodi Arias as her very best witness and character witness, even though she almost made him an accessory to murder with the gas cans. How does Jodi Arias pay Darryl Brewer back? She tells an embarrassing fact about him that he was trying to keep a secret from his son and lots of other people. Do you recall what that secret was? Nice job, Jodi!

More Evidence of Premeditation

So, if after all that AND the articles on the 6 elements of premeditation, the 7th element – the gas cans, the autopsy, and the crime scene, and not counting the hair color change, which Jodi Arias “forgot” all about until the selfies from June 3rd were introduced, and realizing that I am a Jodi Supporter and I tried in every way to give her every benefit of each and every doubt to make her story work – If after all that you are STILL not convinced, then how about this:

question mark

  • Jodi Arias is off on her way by 9:00 AM at the latest from her visit with ex-boyfriend Darryl in Monterey, CA. That was basically breakfast and it was about the time that Darryl’s son Jack was off to school. Then she drove 20 miles to Salinas, CA, which would take about 30 minutes.
  • But it isn’t until 3:22 PM that the receipt from the Salinas Walmart shows Arias shopping for a few items including the gas can. It’s around a 5 hour drive to Pasadena from there, which would put Jodi Arias in Pasadena by 8:30 PM or so. That’s what her gas receipts show, that was around 8:45 PM, when she was pumping gas in Pasadena.

Watch when Jodi Arias testifies. If she is giving too much detail, or she is adding things or if she is proactively being defensive, there’s something wrong with that testimony. She kept saying she had her nails done in Salinas and she had to wait a long time. She was very cagey about what she did in Salinas.

She told her own defense attorney that she couldn’t remember what else she did there. What was she doing for Five or six or more hours in Salinas? Her family used to live in Santa Maria, about 2 hours away. She’s familiar with that area.

She’s not just getting her nails done. She also colored her hair. What else was she doing? This was 5 or 6 plus hours of unaccounted for time. The most the nails would have taken is two or three hours, even with the wait. That leaves at least 3 hours.

How about this.? Take a look at this photo:

jodi arias ass lt lg censored

That is smooth. isn’t it? Smooth as a baby’s bottom. Did Jodi Arias get herself a Brazilian in Salinas? She would not do this for Ryan Burns, she doesn’t know him that well. Did she do this for Travis? That’s premeditation right there. She knew she was going to see him. What else was she doing? She was waiting for it to get dark, I’ll tell you that.

Still not sold? How about this?

Jodi Arias testified that she had no intention whatever to visit Travis until he “guilted” her and convinced her to divert from her plans and come to Mesa, Arizona to see him. Now, remember how many people point to the 2 CD’s Jodi Arias testified to, that she had with her of her and Travis’ travels that she never gave him the photos from? 

First of all, that clearly shows you her selfishness and lack of concern for others right there. She took all these photos from these trips, many from over a year before, and she never sent Travis copies of the photos? Selfish.

Second of all, I was quick to dismiss the Cd’s as evidence that she did in fact intend to see Travis, because WHO was she going to show the photos to, Ryan Burns? Hell, no.

So, I made the point that maybe those CD’s went everywhere her laptop went. This is because at that time, I always carried around lots of CD’s with my laptop, so we can dismiss the CD evidence as evidence of proof of intent to see Travis. Really though, I thought that was kind of strange that she did have those CD’s with her on her on a trip to Utah to see a new love interest.

By the way, if Travis’ CD player could not work because it had a virus, why not pop them in Jodi’s laptop? Easy solution, isn’t it?

But then, look at this:

“……Before leaving Pasadena, on an impulse I called Travis back and told him I was coming to Mesa and I’d be there before dawn. He said he’d wait up. I arrived at his house around 4:30 AM on June 4th, 2008. He and naps were in his office waiting for me and watching silly videos on Youtube.com.

Travis was happy to see me. The feeling was mutual. It had been months since I’d seen them and it made me realize how much I missed them both. I was exhausted from driving all night, but Travis insisted on showing me more videos on Youtube.com and on giving me a demo of the correct way to punch his new punching bag.

punching bag lt

We finally slept around 5 AM and slept until about 1 PM.

We hung out, among other things. I surprised him with the original, hand written copy of chapter one of his book, which I had in my possession for the purpose of typing and editing it.

Although I e-mailed chapter one to him several weeks earlier so he could post it on his blog, I hadn’t gotten around to dropping the original in the mail yet. We also tried looking at CD’s with pictures from our various Church history trips, but his computer had a virus and we were having a difficult time bringing up the disc drive, After a while, we gave up and went back upstairs. With Travis’ permission, I took pictures of him in the shower…..” – Jodi Arias’ Manifesto 7/29/2008

If that doesn’t show intent, then nothing does. This never made its way into the trial. As many people feel, I’m sure that there are more hidden truths that will come rolling out of the closet. Things precluded from trial as too prejudicial, will come to light.

People will one day be validated for their deeply held suspicions and beliefs about this case, I have no doubt.

Is that enough examples of  premeditation for you? How do you explain away the bad facts? Not 1 or 3 or 5 or 9, but literally legions of bad facts and contradictions and things that need to be elaborately explained. It just becomes absurd after a while, and you find yourself detaching from Jodi Arias more and more each day.

Travis Alexander

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If not, why not?

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29 thoughts on “The Tables Have Turned part 6 – Phenomenon”

    1. No, George, I really didn’t miss much with regard to the gunshot being first or last, notwithstanding your grandiosity. Your report contains a fundamental error – the idea that if the bullet did not enter the brain, Travis would not be incapacitated, but if it did go into the brain, he would be incapacitated. But what I’m saying is that even if the bullet did go into and pass through the brain, it would still not necessarily incapacitate Travis such that he could not defend himself. This is what Dr. Horn was wrong about.

      Dr. Horn did claim that the dura mater being intact was in fact a typo, and we can find that out by obtaining the medical record. I’m saying that really doesn’t matter.The bullet entered the skull for sure, as the hole in the skull was perfectly symmetrical as well as the hole through the skin.

      The whole dura mater controversy, though possibly indicative of wrongdoing or sloppiness by Dr. Horn, is irrelevant as to whether the gunshot was first or last because, like Kevin Bright, Travis could have sustained a shot through the skull, and still fought off further attacks. Dr. Horn was saying that no way could a bullet make that trajectory to enter into the skull and not pass through the dura mater, and I believe him about that.

      What you neglect to mention is that even if it were gunshot first, which many of us believe it was, it could still be a gunshot first murder, and the trajectory of the bullet fits very nicely with Travis seated in the shower and being shot in the head from above. You do not seem to address that question.

      Arterial spurting could have come from one of the 29 knife wounds. I neglected to mention the blood from Travis’ right ear and you are right about that. There is plenty more you could have said in your analysis, also.

      Also, I would not really trust your analysis as you are wrong about so many cases. Ingmar Guandique, Scott Peterson, Debra Dewberry, Diane Downs, Jodi Arias, Shawna Forde, James Stone, Richard Glossip, and Oscar Pistorius (2nd degree murder), these people are all guilty and there is no way any of them could possibly be innocent according to the available facts.

    2. Replying to an article where all comments are welcome and Rob is not only welcoming to both sides but willing to consider information other than what he wants or hopes is true makes him far more believable. You George demand that your ideas be accepted and brook no argument,, especially when up against facts you cannot explain. It is the same on the your Wrongly Convicted page. What is the purpose of such a page that allows no debate or questioning? As it stands it is just a list of names. You need to present outside links to back up what you are saying, not refer to something you have written yourself to be taken seriously. You accuse others of being a bully when I have been witness to your bullying tactics ie name-calling or banishing those who disagree. You should join Rob’s group about wrongful convictions where both sides are allowed to present facts and opinions, this is something that might actually prove helpful to anyone truly seeking truth and justice. You on the other hand want something to crow about even when the injustice corrected had nothing to do with you (Milke)

  1. Supporters constantly bring up Phineas Gage, the man who survived an iron bar passing through his head. The rod for sure penetrated the dura mater, so I believe the bullet did penetrate the dura mater, and did not incapacitate Travis.

    1. I wonder if the bullet, even if passing through the skull and the dura mater, could still miss or barely graze the brain? I am not a person with medical knowledge, but logically and dimensionally, it seems possible. I rember Phineas Gage from an old book my father had, the original Ripley’s Believe It Or Not Book, which was bigger than a dictionary, and had amazing stories from all over the world.

      1. Rob, the dura mater is a thin membrane covering the brain. There is a very small epidural space between it and the actual skull bone. There may be a very small subdural space between the dura mater and the brain itself, but this is evidence of a pathology.

        “Subdural space
        Dr Bruno Di Muzio and Dr Julian Maingard et al.
        The subdural space (epiarachnoid space) is a potential space that exists between the meningeal layer of the dura mater and the inner arachnoid mater of the leptomeninges which are adherent to each other 1.

        Gross anatomy

        The meningeal layer of dura mater is usually adherent to the underlying arachnoid mater via a series of tight junctions. The subdural space does not exist under normal circumstances and is appreciable only when there is underlying pathology 2.

        Bridging veins drain from the underlying brain to the dura mater and the superior sagittal sinus. They have a relatively straight course and do not allow for much movement of the underlying brain tissue. Thus, they are easily placed under high tension. This is particularly important in the elderly where the underlying atrophic brain places these vessels under higher than normal tension 3.

        Bleeding from bridging veins may strip the dura from the arachnoid mater. This collection of blood is known as a subdural haematoma.”

        Source: http://radiopaedia.org/articles/subdural-space

        In other words, if a bullet penetrated the dura mater with a 25 caliber bullet, the brain would be impacted by the bullet. There just is not enough space for it not to do so.

      2. Okay, Elizabeth Hall, you sound very medical-like, so I will take your word on that. In that case, Dr. Horn is correct about the typo, but I wouldn’t trust his opinion on incapacitation.

  2. Well, I believe what Dr, Horn testified to. I have been back and forth with gunshot first, gunshot last, I have now settled on the testimony of the M.E. Unless someone else had access to the body, and conducted a study, I will believe the person that did the report. And that, as they say, is that.

    1. Well, juliegregg, I would have to hear it from a different doctor than Dr. Horn before I believe it. I think I laid out lots of very good reasons why gun last just does not fit the evidence. I do believe gun last is possible, though.

  3. Many reasonable people do consider that gunshot first or last is still a debatable point. The evidence and testimony presented by the State did have its flaws, yet the defense was either unwilling to unable to refute the State with its own comparably qualified expert.

    In the end, it does not matter to me whether the gunshot came first or last. I don’t have access to all of the medical and crime scene evidence, nor do I have the expertise to be able to evaluate it. This was an exceptionally violent and brutal murder and Jodi Arias was properly convicted of murder in the first degree.

    1. Most of the medical and crime scene evidence IS available. Dr Horn had to invoke an implausible typographical error in his own autopsy report to sustain the prosecution theory. Moreover the blood evidence is very clear, the gunshot had to be first, as Flores and Horn first concluded, and more recebtly Beth Karas, Tory Hyaen, and most reasonably smart people who have looked at the objective scene evidence. So.. this is all nonsense, and doesn’t disprove Jodi’s testimony ( which is WHY the prosecution changed theory, for sure ).

      So… what objective evidence of guilt is there? Answer, the gas cans. But Amanda Webb admitted during the penalty retrial that she didn’t know if the records were intact after a store relocation in 2010. Not a surprise to those of us who have been pointing out this circumstance for some time, and that Jodi’s testimony was inexplicable (suicidal) if it wasn’t the truth. See https://freejodi.wordpress.com/about/the-gas-cans/ for the details.

      1. Sorry for the typos above – should be “Troy Hayden”, who agreed with me re the gunshot when I discussed the case with him in December 2013.

      2. That’s all well and good, but let’s look at the facts. !) There is no evidence at all that Jodi returned that gas can right after buying it – No return receipt and her original receipt was not marked which is standard operating procedure at Walmart. There was a record of the purchase, but no record of the return. Walmart does not lose records. Jodi claims she paid with a card but they gave her cash back. This is not Walmart S.O.P. All we have is Jodi’s word. That’s not very reliable.

        2) Jodi’s gas purchase in Pasadena suggests she had 3 cans, and Jodi’s gas purchase in West Jordan proves beyond doubt that she had 3 cans. She bought more gas than can possibly fit in 2 cans and her tank. 3) PLUS the math of Miles Per Gallon and miles from Pasadena, CA to Mesquite, NV, the next place Jodi went for gas, adds up almost perfectly when you factor in that she had and used 3 gas cans.

        4) If Jodi had 2 gas cans, she would only have MAYBE made it to Las Vegas before needing to re-fuel, UNLESS she stopped at Desert Center and Buckeye as she stated. Naturally, she has no record of stopping at either gas station, even though she fastidiously saved her records. She claimed she was in a hurry to see Travis yet she claims two stops. She lied about those two stops as well.

        5) At the same time, Jodi turned her phone off in Pasadena and didn’t turn it on again until ALMOST out of Arizona, which is NEAR Las Vegas. Her phone remained off the whole time she was with Travis. 6) Just coincidentally, Pasadena is at the junction of the highway to Las Vegas and the highway to Phoenix / Mesa. This was also the place where she (6) flipped her rear plate (or her plate was magically flipped by someone else) and (7) she dyed her hair earlier that day AND it appears that she had a Brazilian done too by a look at her explicit photos. WAY too many coincidences for any jury.

        Jodi’s explanation WAS inexplicable and it WAS suicidal – This answer of hers about the gas cans proves she lied on the stand and that is FATAL to her case.

      3. Jodi was careful not to testify about how many gas cans she had at Salt Lake City. See here: https://geebee2.wordpress.com/how-many-gas-cans-did-jodi-say-she-had/

        You are making an arbitrary assumption that she didn’t acquire a gas can after leav ing Pasadena.

        There is no evidence to that effect. The prosecution of course has the burden of proof.

        The location where Jodi turned her phone on is strong evidence she had no thought of concealing her movement. I was well inside Arizona, and pretty much showed she hadn’t taken the direct route from Pasadena to Salt Lake City.

        Coincidence is not proof Rob, there is no limit to the number of strange un-related coincidences that can occur in a complex case. Jodi has the same birthday as Amanda Knox. There are many other coincidences between the cases. Does it prove anything? No.

      4. Well said, George, but you are making an arbitrary assumption that she returned a gas can before leaving Psadena, but there is nothing to suggest that and there is good evidence saying this is false. No evidence she acquired a gas can after leaving Pasadena at all. After Pasadena, Jodi knew she was going to Mesa to Travis’, so why buy yet another gas can? Buy one, return one, and buy another, is what you are saying and there’s evidence of none of it.

        You are a good man George, no question. You are to be admired for continuing with this case even though the danger of the Death Penalty is past. You are a true humanitarian and someone a person in need would want on their side. But I think you are being fooled here, unfortunately.

      5. George, there is Travis going to the sink, not chasing Jodi, standing at the sink, no longer a threat to Jodi, not continuously attacking Jodi, and we do know Jodi does com back with a knife.

        From the jury instructions

        Self-defense justifies the use or threat of deadly physical force only while the apparent danger continues, and it ends when the apparent danger ends. The force used may not be greater than reasonably necessary to defend against the apparent danger.

      6. Mike, the violence, as you would expect in domestic violence, was not continuous. The incident in which Travis shot was merely the precursor to a later fight in which he died. Travis’ attacks were not continuous. I believe his final attack occurred at least a minute ot two after he was shot, and in this fight Jodi defended herself with a knife.

      7. Jodi at that point when she turned on her phone was trying to concealing her movement through AZ, I’m sure you heard the voice mail.

        So Jodi is making efforts to show at that point she was never there at Travis’s in AZ, so WHY would she call inside the AZ border? It was just another mistake on her part, most likely Jodi doesn’t know where she is when she made the call.

      8. Mike, it shows that Jodi had no thought about concealing her location. In the same way the fact that she kept the receipt for the 3rd gas can shows that wasn’t a secret either. In the same way that she allowed Travis to take photographs of her at the scene shows she wasn’t planning murder. You have been fooled by other “improbable” circumstances.

      9. Saying Jodi had a 4th gas can is as good as no evidence of a 4th gas can, when know one knows about it. In order for it to be evidence we need to know about it.

      10. MARTINEZ: And, ma`am, one of the other things that you said was that the reason that you did this was because you — it was expensive and — it didn`t seem to make sense to you to get that gas can, right?

        ARIAS: Yes, in hindsight I realized it didn`t make sense.

        MARTINEZ: All right. So why is it — are you — why is it then, ma`am, that you showed up with three gas cans in Salt Lake City?

        NURMI: Objection (UNINTELLIGIBLE).

        STEPHENS: Overruled.

        NURMI: (UNINTELLIGIBLE) question, as well.

        STEPHENS: Approach, please.

        MARTINEZ: You have three gas cans in Salt Lake City, ma`am?

        ARIAS: I don`t even recall going to Salt Lake City. I went to West Jordan, and I…

        MARTINEZ: Hold on. First let`s break that down. You`re saying you don`t ever even remember going to Salt Lake City ever on June 6 of 2008.

        ARIAS: I don`t recall where the city limits end and begin. But to answer the gas can question, I went to Mesa with two gas cans.

  4. Rob,

    You are reversing the burden of proof. The prosecution have to prove something for Jodi to be guilty beyond a reasonable doubt. The prosecution offered a proof, however it has turned out to be incomplete ( Webb failed to do any checking that the records she looked at were complete ).

    Admittedly the defense have not yet PROVED that the records were incomplete, and that Jodi did return the 3rd gas can as she testified, but it’s entirely possible that will happen in future, I think you would agree. That demonstrates that the proof is incomplete.

    This happens sometimes in mathematics. People think they have proved something, but when the proof is checked carefully, there is a fatal flaw.

    In this case there is an innocent explanation of the facts, which is in my opinion much more plausible that the guilty explanation, which is in fact inconsistent with the facts, despite Jodi telling all kinds of lies in 2008.

    This is the intellectual charm of the case. Circumstances that suggest one thing, but when you check carefully, the truth turns out to be something else entirely.

  5. George simply does not understand “burden of proof” Whether evidence or testimony has reached beyond a reasonable doubt is determined by the jury. Simply read the jury instructions, it could not be more clear, you may choose to believe all, part or none of any witnesses testimony. They believed Amanda Webb, period. Since you are talking about mathematical probabilities why don’t you tell us the odds that Ms Webb found the purchase receipt but missed the return? And no matter how astronomical that possibility it is you are still wrong because you do not understand Walmart process for keeping their records. You seem to believe each stores records are stored in that store. There was a quite lengthy post done on how those records are kept and stored and it is all done through a central location. It is absurd to believe that Walmart records are not computerized and that the central accounting office would not be able to track inventory and records of any store from the central server. It is done all the time when you are in a store looking to purchase an item they are out of stock on, they check their computer to tell you which store will have that item in stock. I do not have to be in the physical location of the store for them to look up inventory of any other store.
    Circumstantial evidence is used to convict everyday GB and any one thing on its own would have been inconsequential but when it is all put together, it more than proved beyond reasonable doubt, your doubts are simply not reasonable. You are saying if Jodi said that Travis chained her in a dungeon nightly and whipped her we cannot prove it is untrue so it must believed. Sorry but that is not how the system works. He does not have to disprove Jodi’s claims, he only has to prove his own. As for your “it doesn’t make sense” when speaking of Jodi’s motives, I am sure the first time Buliosi heard Mansons’ reasons for murder, it definitely did not make sense. The reasons others choose to kill another human seldom make sense to those of us who would not harm a dog.

    1. “Since you are talking about mathematical probabilities why don’t you tell us the odds that Ms Webb found the purchase receipt but missed the return?”

      Diana, this is not a valid application of probablility, mistakes occur with depressing regularity.

      If someone is trying to prove something that is not true, you expect mistakes. Like the mistake of the prosecution witness who testified that Travis’ laptop didn’t have a virus, and didn’t have porn on it. We now know that wasn’t true.

      And there is a likely source for Webb’s mistake – the store relocation that she apparently wasn’t even aware of until the second trial.

      The whole prosecution case is speculation – starting with the guess that Jodi might have stolen a gun from her own home and staged a burglary. That might have been true, but when you look at all the circumstances, it makes no sense. People tend to block out facts that don’t agree with their beliefs, and so it is here. See https://freejodi.wordpress.com/about/evidence-against-planning/

      1. Again George, you like Samuels do not have a clear view point of this case but you have feelings for Jodi. Walmart is not like a small family owned store on the corner that needs to box up their receipts when they move to a new location. I can sit in my living room, go to their website and enter a brand of frozen potato I like and it shows me which store has it in stock. In other words, their records are not kept IN the store, it is a central server or database somewhere. Do you honestly believe if there was a fire in the Salinas store that they would lose their records? Absurd. Again do some research on how records are kept by Walmart. Brad did it if you are “too busy”.
        As for the gunshot first/last, it will not amount to a hill of beans. This change was not done in secret hearings, it was brought in front of the jury, which again is the ultimate decider of truth. They were presented with the gunshot first or last arguments and with the typo on the report and it did not change their verdict. Since the AZ Supreme Court has already ruled that they did not feel that it changed the cruelty factor, I highly doubt they are now going to reverse a verdict on that.
        As for the porn which you bring up yet again. The defense was allowed to have an expert examine this computer and he did not find porn. Since you accused me of being ignorant of how appeals work, I did look into when new evidence is allowed. It would have to be something that could not have been discovered during the trial ie when DNA was discovered, it opened doors to many appeals. If you read Judge Stephens decision regarding this issue, she addressed it using that very argument.
        As for a Brady violation, one you would have to show that any changes were done intentionally by the prosecution side and you cannot. There is no logical reason for them to hide porn, it had no bearing on their case. Secondly, it would have to rise to the level that they believe a different outcome would have been reached. The best legal experts in the country have spoken out on this case and not one ever reached any conclusion other than she was guilty, Baez, Linda Baden, and Mark Geragos to name a few.
        You often say that Juans’ case was proving she was a liar. She is a liar, as you pointed out yourself she admitted that herself. You choose to believe that she stood up and because she was “under oath” she magically became truthful. At the same time, you accuse every other person who took that same oath as being liars, including the Bishop!
        You can create groups where you only hear things that you choose to hear but that will never free not only Jodi, but any of those who are guilty. Take a step back, go for a bike ride and detach from your personal feelings and look at the evidence. Everything needed to prove that yes, she did plan to kill Travis, she participated in a cover up not out of shame but to avoid punishment and yes she received the sentence she deserved is there for anyone truly interested in justice.

  6. This ones for George. Jodi claimed may many times she only had 2 gas cans, But we all know she needed 3 gas cans for the to stops, in Pasadena and SLC, and there was no 4th gas can

    MARTINEZ: Hold on. First let`s break that down. You`re saying you don`t ever even remember going to Salt Lake City ever on June 6 of 2008.

    ARIAS: I don`t recall where the city limits end and begin. But to answer the gas can question, I went to Mesa with two gas cans.

    .
    .
    .

    ARIAS: March 5? I believe that was — that was a hypothetical. I didn’t get — I had a third can when I originally purchased one (INAUDIBLE.) I returned

    it before leaving for (INAUDIBLE.) So what we were doing is throwing out a hypothetical as to why would I only put two gallons in a third tank –or third can. So, that was a hypothetical. I only had two gas cans with me.
    .
    .
    .

    UNIDENTIFIED MALE: Let`s talk about the gas cans. That`s another thing that keeps being brought up all the time. Was there a third gas can?

    ARIAS: There was when I originally purchased it, but I really did return it. I got $13 and change back. And I went on my way..
    .
    .
    .

    JUAN MARTINEZ, PROSECUTOR: You were filling up in California, right?

    ARIAS: Yes.

    MARTINEZ: And after you filled that, you filled up the third gas can, didn`t you?

    She called you again, asking about these gas cans to go to Mesa.

    ARIAS: I didn`t have a third.
    .
    .
    ..

    “Today, March 5, 2013, you stated before lunch that you think you filled the car up first. If you did have the third gas can, as we saw in several

    hypothetical situations after lunch, do you see it possible to put 8.301 gallons of gas in the car, Exhibit No. 237.011, and then 9.59 gallons and 2.774

    gallons for a total of 12.368 gallons in the remaining three gas cans? Exhibits 237.011, 237.012, and 237.013.”

    ARIAS: OK. That was a lot of elements to that question. So first, I didn`t have three gas cans.

    MARTINEZ: Objection, nonresponsive. She was asking if it was possible, assuming she had three gas cans.

    STEPHENS: Overruled. You may continue.

    ARIAS: I didn`t have three gas cans. I believe we were discussing a hypothetical, if I had three gas cans.
    .
    .
    .

    44) If you took gas cans with you, where did you get them?
    A: I got two, the two gas cans I took on that trip, I got from Darryl. Then I bought a third one,
    determined I didn’t need it, and returned it.
    .
    .
    .

    A: I didn’t have 3 gas cans, um, I believe we were discussing a hypothetical,
    .
    .
    .

    A:I only had two anyway, so there were never three on that trip, when I pulled out of Salinas.
    .
    .
    .

    ARIAS: There was when I originally purchased it, but I really did return it. I got $13 and change back. And I went on my way.
    .
    .
    .

    Jodi also testified she borrowed gas cans be cause they were expensive, and they weren’t in he budget.
    .
    .
    .

  7. Something else for you George, I’m sure you will invent some new evidence.

    Something interesting, another reason why the 2 gas stops she had no receipts never happened.

    Nurmi asked Jodi questions about the 2 stops for gas, Desert Center and Buckeye.

    Jodi said the car used a lot of gas so she had to stop a few times for gas between Pasadena and Mesa. Said she had to stop at Desert Center to by gas and also Buckeye, There is only 175 miles between Pasadena and Desert Center, 170 miles between Desert center and Buckeye.

    Martinez also asked Jodi questions about the 2 stops for gas, Desert Center and Buckeye

    Jodi said she was running out of gas quickly, She agreed that she would have put approx 12 gallons in the car between Pasadena and Desert center and the same for Desert Center and Buckeye.

    Now that would give her an MPG of about 14MPG for those 2 stops.

    The 2008 Ford Focus 35MPG highway

    All other parts of the Trip show she was getting approx 30.9 MPG She would need to be having some serious engine problem to go from 3O MPG to 14 MPG, Then go back to 30 MPG with out being fixed.

    Jodi had enough gas in her care when she filled up in Pasadena to make it to Mesa. plus she had no fear of running out of gas, because she had a trunk full of gas.

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