The Tables Have Turned (part 5 – Scenario plus 30 Things you must believe)

tables in court arias med

The SpotlightOnLaw murder scenario

What really happened (In my view)

In Article #5 of the series, we are looking at a scenario based on fact, of what could have happened between Jodi and Travis especially on June 4th, 2008. After that I list 30 things you must believe in order to believe that Jodi Arias is NOT guilty of 1st degree premeditated murder.

What was really going on in the “relationship”

Jodi Arias did in fact try to intimidate and chase away Travis’ girlfriends and she did monitor his activities and keep tabs on what he was doing in any way she could. Her brief romance / relationship with Travis failed and he returned to or continued to, as always, look down other avenues.

fc Travis jodi 1

Jodi Arias did in fact catch Travis having intimate communications with other women at the end of June, 2007. Travis would have called it quits there. The relationship having failed, here comes Jodi Arias trying to go ahead with plans for something that had already failed, a key personality feature of Jodi Arias.

Jodi Arias thought the distance would work for her because it would make Travis long for her and he would have to go on trips with her in order to have sex. Travis spent way too much on these out of state trips and he had to chill down. Now, the trips had come to an end. Jodi Arias moves to Mesa, Arizona after she realizes that Travis might be getting sexual with other women. That was always her trump card, as Travis was trying to be a devout Mormon, but now, she wasn’t so sure.

Travis C

Jodi Arias can fix things

Remember, Jodi Arias walked out on Darryl and the mortgage payments and bill payments and left him hanging, but even so, he feels very close to her. It seems that one can be up to their chin in muck that Jodi Arias caused and one phone call or one letter sweeps it all away, and the sun shines, the rainbow comes out, and sparkly unicorns appear.

unicorn

 

 

More about what was really going on

Definitely Alexander and Arias had arguments and fights, definitely it was a tempestuous relationship, definitely it brought out the worst in Travis, and definitely he was violating all his own voluntarily agreed to morals, tenets and precepts of the LDS / Mormon religion. In addition, Travis had emotional problems, anger issues, intimacy issues, stemming from his childhood, and he did act out very inappropriately on plenty of occasions.

Jodi Arias was perfect for him at the time, even after he found out she wasn’t what he thought she was, because she was not demanding of that kind of intimacy and she put up with and even normalized his inappropriateness and his dark side. Jodi Arias turned out to be a wonderful petri dish for Travis Alexander. He could use her as a sounding board and experiment with her in all sorts of ways.

Travis Alexander felt at some point that he had been cured of his intimacy issues enough to continue pursuing a chaste Mormon girl, and he wanted to fall back on that. Jodi Arias was not going to allow that. She was not going to be Travis’ Personal Brigham Young University of kinky sex and secret intimacy only for Travis to use all these new found skills on another woman.

jodi arias on stand

The religion angle

In spite Of Jodi Arias having read and remembered passages from the Book of Mormon, it is apparent from the trial that Jodi Arias was not interested in seriously pursuing the LDS Mormon religion or developing friendships within the church in any meaningful way.

Travis went to Palm Springs to baptize Jodi
Travis went to Palm Springs to baptize Jodi

Psychological processes

Between July and December of 2007, in this six month period, there were various back and forths, sexual dalliances, while Alexander was dating another woman (Lisa Andrews – Daidone). Intense Psychological Processes are involved here. This is Travis (heavy build, strong personality, dominant) representing Jodi Arias’ father who had abandoned her emotionally, in Jodis’ mind, for a younger girl – her younger sister, Angela.

lisa andrews daidone lt

Travis’ former girlfriend, Lisa Andrews Daidone, ended up marrying a friend of Travis’ roommate Zach Billings

The other thing in Jodi’s mind is she always feels both big and important, beautiful, powerful and sophisticated and at the same time she also feels, small and insignificant, ugly, powerless, and crude. This is why she has such a difficult time with her mother, as she sees in her mother what she does not want to see in herself. Not to say that Sandy Arias actually encompasses these negative qualities, but she does in Jodi Arias’ mind. This explains the constant berating of the mother and the correcting of everyone’s grammar, etc. The third thing in Jodi’s mind is she had been betrayed / cheated on twice before and she wasn’t going to let that happen again

Travis' former date MArie
Travis’ former date Marie “Mimi” Hall – Boyce

Following through on a plan that had already failed

So there is this going back and forth of Jodi Arias monitoring Travis’ activities, fearing abandonment, trying to get him to turn back towards her, making her feel bad about herself, feeling like she had sacrificed a lot for this relationship, and at the same time trying to put the pieces back together after it had already failed. This is very different than what’s going on in Travis’ mind. He’s is going along with it and taking what Jodi Arias is dishing out, and he’s happy to get the sex, but he’s not thinking too much of it and he’s  still pursuing his other romantic interests.

The trips reveal the relationship

The Havasupai / Grand Canyon Trip shows perfectly the Arias Alexander relationship: insecurity – dissatisfaction – jealousy – anger – misunderstanding – arguing – yelling – drama – the silent treatment – the trip – forbidden and secret sex – closeness and re-establishing of all those peak emotions.  Look at the photo. This was right after the sex after a morning of arguing and then the silence treatment. This trip is the whole relationship in a nutshell.

Here are Jodi and Travis with Dan Freeman at Havasupai Falls. Note Trav's baseball cap and the bathing suit under Jodi's blouse.
Here are Jodi and Travis are photo-bombed by Dan Freeman at Havasupai Falls. Note Trav’s baseball cap and the bathing suit under Jodi’s blouse.
Josi is now in the bathing suit and wearing Travis' hat.  Earlier that day they had a huge argument and fight, a long, stony silence, and then sex outdoors.
Josi is now in the bathing suit and wearing Travis’ hat. Earlier that day they had a huge argument and fight, a long, stony silence, and then sex outdoors.

Jodi Arias stated she was wearing a “tank top” on the day of the killing. I believe the blouse above may be the tank-top she wore, as this seems to have some important meaning for her and is dark in color.

Alyce LaViolette was right about the above cycle in Travis and Jodi’s relationship, but wrong about the cycle being about physical abuse.

Jodi’s destabilization

Prior to 2006, Jodi Arias had a wonderful relationship with Darryl Brewer, seemingly free of problems. I believe this was due to stability. Darryl brought lots of structure and stability to Jodi Arias’ life. A person with her Personality Disorder needs this in order to thrive. When she started her pursuit of Travis and all the things she thought she was missing out on, she began to destabilize. This continue to get worse and worse, until  it hit the breaking point.

In late 2007, after a big blowup with Travis, Jodi cries on the phone to Matt McCartney, and Matt calls Jodi’s Mom, saying she needs help and she may may be BiPolar. He thought that because she was really freaking out uncontrollably.

January 2008 and Travis’ big plan

By January, Dan Freeman is threading the needle between his two friends, Travis Alexander and Jodi Arias. I suspect Arias kind of wheedles out of Freeman what Travis is up to. (Someone should check to see if there are any phone records between Jodi Arias and Dan’s younger brother Josh. Apparently Jodi was getting inside information from somewhere).

Dan and Jodi continued to be friends and Jodi is friends of the Freeman family, while Travis is going to Dan Freeman and confiding in him about Jodi Arias.

Travis has a sort of recipe for success,like a present day Tony Robbins
Travis has a sort of recipe for success, like a present day Tony Robbins

 

Every year, Travis makes a long list of goals and his strategies for achieving those goals. Among his top goals for 2008? End it totally with Jodi Arias.

Travis tells Daniel Freeman he is intending to get rid of Jodi Arias totally by the end of January. He is evidently unsuccessful. No doubt there were large arguments and lots of drama, but whether Travis started getting physically violent with Jodi Arias, we don’t know. There is no evidence whatever of it, however.

The Lisa Andrews and Mimi Hall tug of war

Travis is not successful in getting rid of Jodi Arias, and there are some big tugs of war involving Travis, Jodi, and Lisa Andrews Daidone all the way through February. Maybe Jodi Arias will expose Travis’ escapades to his other women and the LDS church, maybe they can somehow end it amicably. After February, Lisa Andrews has had it with Travis (mostly because of all the problems with Jodi) and she stops seeing him. Jodi Arias has won. But then, Travis moves on to Marie “Mimi” Hall in April, 2008. Hey, that’s the same time frame that Jodi Arias left Mesa, Arizona. Imagine that?

Jodi Arias has to start all over again. No doubt the Mimi thing, coupled with Jodi Arias running out of funds and employment culminated in her breaking down, and asking her mom for help. Travis is pulling away and he’s becoming stubborn and losing patience with the entire Jodi Arias “thing”. A plan is made for Jodi Arias to move back to Yreka to recoup and regroup. All this in the midst of fighting and yelling with Travis, a continuing of the monitoring of his activities and a invasion of privacy, and Travis even flipping Arias the double bird from his front steps as she threatens to leave.

Arias tries to minimize Mimi Hall, but somehow, I get the feeling she knew everything that was going on. How she got the intel (hacking into e-mails and facebook, or from  an informant in Mesa, or both, no one knows).

http://jodiarias.blogspot.com/

http://www.travisalexanderjustice.com/

Arias tries to keep fires burning with Alexander from a distance 

Jodi Arias’ Mom gets in contact with Jodi and offers to help her move home. Jodi Arias reluctantly agrees. This is when Sandy Arias comes down to Arizona and they get a U-haul. A lot of her stuff is Stored at Travis’ house, so that gives her a reason to try to continue to be close to Travis. She offers to buy his BMW on credit, and this is where she hooks it up wrong and blows the engine. On the way up to Yreka, she visits Gus Searcy, who gives her the Helio phone with the recording function and she visits her half-sister

Maybe Jodi Arias thought the increased distance would bring them back together, maybe she just wanted to end things amicably, maybe she knew this relationship was just too volatile,  who knows?

There seems to be a sort of dueling banjos as Travis starts blogging, and Jodi Arias tries to harmonize with or outdo him. He blogs, then she blogs. Apparently, a few of their phone calls devolve into phone sex. Jodi Arias is constantly trying to arrange a meeting between the two, but Alexander is trying to avoid this.

“May 2, 08- EX 392-Text about Little Red Riding Hood
May 2, 08- EX 391- Long nasty text about photo shoots and sex
May 3, 08- A few texts where Jodi is hooking up with Ryan Burns
May 10, 08- Phone Sex Tape
May 10, 08- EX 495- Jodi admits to JM that she used the term “fuck you” on this day.
May 10, 08- EX 448-The text message about Steve Carrol
May 10, 08- EX 425, 426, 427-Breast pictures. (These were not shown in court) but they are pre surgery breast pictures before Jodi’s surgery in June 06
May 10, 08- Jodi posted the last entry to her blog. It reads, in part: “I cannot ignore that there is an ever-present yearning and desire that pulses within me. It throbs for gratification and fulfillment.”

May 11, 08-EX 499- The text where Travis tells Jodi she looks beautiful in her photos
May 15, 08- EX 452- The picture of Jodi and her sister with the blondish highlights
May 16, 08- EX 406- Long email that Jodi wrote to Travis
May 18, 2008-Travis makes a blog post titled “Why I want to marry a Gold Digger
May 19, 08- EX 399- The poem Jodi wrote to Travis
May 22, 08- Jodi says on the stand that she changed her passwords to all her accounts.

May 25-26, 08- EX 450- The text where Travis calls her a sociopath.
May 25 to 26 Jodi says she remembers that night very well! She called Travis about the pedophile pamphlets she sent him and Travis got upset. They had phone calls and text messages over the fight.
May 28, 08- Jodi’s grandparents home is robbed. A gun is stolen
May 28, 08- Jodi tells JM that this is the date she found out Travis was taking MiMi to Cancun. (She admitted this on Day 3 of JM’s cross of Jodi)

May 31, 08- EX 506 & 507- Jodi’s bloody finger she cut at work, then took pictures with her cell.
May 2008- Jodi answers the jury questions and says this is when Travis “hit her in her car.”

June 2008

June 08- Travis mentions to a friend that Jodi hacked his facebook account

http://mydeathspace.com/vb/showthread.php?26892-Jodi-Ann-Arias-shot-and-stabbed-her-ex-boyfriend-Travis-Alexander-to-death-(Part-II)

 

Jodi Arias is very unhappy that she helped Travis edit his first chapter for his intended book called Raising You. Instead, Travis gave editing credit online to his friend Katie Barnes (possibly his newest love interest), although Jodi claimed that 3 women helped him (Travis’ spelling and some grammar were atrocious).

Travis with FHE friend Katie Barnes
Travis with FHE (Family Home Evening) and UFC (Ultimate Fighting Championship) friend Katie Barnes

 

From the sex tape, you can see it is very evident that Travis is being very gracious yet balking at any mention of the two getting together. This is early May. Then we have the giant fight. Travis is unmovable and he wants Jodi Arias to admit she lied to him or to never speak to him again. She will not admit it, and she is now in a quandary. In spite of trying every manipulative trick she knows, Travis wouldn’t budge. Six hours later, it was the end. Travis had achieved his goal of ending it totally with Arias, albeit in a very messy and hurtful way. Jodi Arias was left broke, humiliated insulted, and made a fool of.  It was beginning to burn in.

A plan of revenge

Sometimes I think, as many others do, that Jodi Arias may have commenced stealth hostilities against Travis starting in April 2008, when she was forced to move back to Yreka, or even sooner, in March 2008, after Travis Alexander confessed he had been seeing Lisa Andrews the entire time Jodi was living in Mesa, or even before that, in July 2007, after Jodi believed Travis had cheated on her.

No doubt that there is a direct relationship to the words spoken on that day, and Alexander’s murder. This was the real motive and the reason he died, I believe.

Two days later the gun is stolen from the grandfather’s home where Jodi is staying,  and ASAP, Jodi Arias finds her way to Mesa. It’s difficult to tell whether they had sex or not. Probably. It seems that Jodi Arias threw it at him in every way she could.

Some people think that Jodi stole a chef’s super-sharp butcher’s knife from her work, and I think that’s probably true. She did not take anything out of Travis’ house that was his if she could avoid it, and I think the same goes for the knife and gun. I do not think she would risk leaving the murder knife in Travis’ dishwasher, etc. She brought them to the house and she took them away with her, in my opinion.

“Diversion to Mesa”

Arriving AT 4 am, Jodi Arias either parks the car in the garage and at some point, or backs it into the driveway. The front license plate is already off, and she removes the rear license plate. Now what I’m thinking is that Jodi Arias took off the front plate in Pasadena, like she said. But she wouldn’t risk turning the rear plate upside-down. The knife is in her purse. Before she arrived, Arias probably removes the gun from it’s place taped up under the hood in the rental car, and dumps in two of the cans of gas. The gun goes in her purse as well. She may have bought ammo for the gun and she may have practiced firing it with Matt McCartney, before they went out to Karaoke. Somehow it is very important to Jodi Arias that both former boyfriends participate in this murder in some way, in my opinion.

They go to sleep soon after Arias shows up, and in the morning, Jodi plays with the camera to put Travis at ease.

Understanding Jodi a little better now, it’s entirely possible that she got to Travis’ and he was already asleep. She fooled around on his computer for a while, looking at what he was looking at, or maybe just looking at stuff she found herself., then she just snuck in his bedroom. She did note that Travis was cleaning the floor and had moved chairs on top of the couch, etc.

The camera comes into play

I did note that the case for the camera was near the beanbag chair in the upstairs loft area. I’m thinking she grabbed it out of Travis’ office before he awoke, and she was messing with it (ie Looking through the pictures, etc.)….

Theory: Arias goes downstairs in the afternoon and takes the camera from off Travis desk where the camera box is.
Theory: Arias goes downstairs in the afternoon and takes the camera from off Travis’ desk where the camera box is.
Theory: Arias takes the camera up to the bean bag chair and searched the pics.
Theory: Arias takes the camera up to the bean bag chair and searches through the pics.
The camera case knocked over by the bean bag chair in the hallway
The camera case knocked over by the bean bag chair in the hallway / loft
Theory: Arias then proceeds to the chair next to the bed where she snaps the nude photo of Travis.
Theory: Arias then proceeds to the chair next to and behind the bed
Theory:Arias snaps the nude photo of Travis
Theory: Where she snaps the nude photo of Travis

 

….. at the beanbag chair in the hallway outside his bedroom. Alexander is surprised but playing along. He joins in the fun, but takes photos that are more revealing of his attitude towards Arias.

Arias nude a

jodi arias nude b

I believe Jodi and Travis hung out and ruminated over the good times, while Jodi continued to try to see when they could get together again. I think Travis either balked at this or led her on. Around 5:00 PM, Travis mentioned he had to get back to work and Jodi should get on with her trip. I think she packed up and may have been having cold feet about killing Travis. I think Travis was getting ready to take a shower when Jodi Arias brought up the idea about taking the photos in the shower. Travis reluctantly agreed to it as doing so was the best way to eventually get rid of her. He figures he’ll just delete the photos after she leaves.

shower pic lt

travis-alexander-slumped-over-in-shower-5-30-pm-june-4-2008-lt

Alternatively, she may have asked Travis to take the photos and he refused. she may have gone out to get in her car to leave as Travis went into the shower. Then in the garage, she hears the hot water heater kick on and she knows he’s in the shower. She turns around and heads up the stairs into Travis’ bedroom and she grabs the camera.

Arias carries out the plan

I think at that point she made the most fateful decision of her life, She grabbed the camera and went into the bathroom. She just started taking photos of Travis, who was oblivious to her being there.  When he finally noticed she forced or charmed him into sitting down in the shower enclosure, They had a very emotional conversation when Jodi Arias became overwhelmed and shot him aiming at his head from behind him. Travis had no idea what had just happened to him. When he came to, he was dizzy, bleeding and in pain and shock. He crawled out of the shower and this is when Jodi Arias flailed back and hit the button on the camera, taking the ceiling shot.

She stepped back, blocking the exit and she may have put the camera down on the floor by the linen closet. Jodi watched Travis writhing around in pain on the floor. With the exit blocked, Travis may have realized it was Jodi who did this and he may have tried to lock himself in the toilet room. Jodi Arias may have kicked Travis at this point.., leaving the blood spatter on the door frame of the toilet room.

crime scene toilet door frame 2 lt

Travis wasn’t dying, he was continuing to move, he is confused about what was happening to him. He was trying to get up on his feet and perhaps get a towel off the rack. There is blood spatter high on the blinds on the window by the bathroom scales. That could be Travis flinging the blood off of his hand or Jodi striking him with something, or it could be from Jodi cleaning up later. The gun isn’t firing again, Travis is not dying, he’s getting to his feet. Jodi needs another weapon. A real sharp knife form the restaurant may have been in her purse. She goes to her purse or to the kitchen to get a knife, leaving the camera on the floor.

This is when Travis is able to get to his feet and get to the sink. At some point he slipped and fell or collapsed and wound up on his back. Here Jodi Arias re-enters the bathroom with a sharp butcher knife and steps in front of Alexander, stepping on or kicking the camera she set down earlier, taking the foot photo, She lunges down and strikes sending the knife deep into his heart. He blocks the next few strikes with his hands, incurring deep wounds.

Travis suffers more stabs including a deep stab to the abdomen. This is when he flips over and tries to protect himself. Arias shifts over him and strikes at his back over and over. Travis gets up all the strength he can muster and manages to slowly scurry away. As he struggles down the hallway, Joid Arias is stabbing at him all the way. He’s trying desperately to get out of the bathroom.

Jodi Arias follows striking him in the back of the head and neck and his upper back. She is still stabbing at him as Alexander tries to get to his feet shouts that he can’t feel his legs and collapses into the wall right near the carpet. Jodi Arias straddles him as he continues to struggle, getting onto the carpet area. Jodi Arias cannot allow him to get out of the bedroom or mess up the carpet and she cuts his throat.

Covering her trail

Alexander is continuing to bleed out, the blood is blocking her escape. In a typical Jodi Arias move, she grabs him by the arms and spins him around pulling him down the hallway and back into the shower, as was the original plan. Doing this, she kicks the camera and it takes the “baseboard photo”. She uses water and a towel to clean the floor of footprints and excess blood, she deletes the photos. Jodi Arias gathers up the gun and knife and some bloody clothes and she finds some plastic bags. She showers over Travis, to remove her blood from his body, and she puts on clean clothes.

The plastic cup was found on top of the body
The plastic cup was found on top of the body

She goes down to the laundry. Earlier in the afternoon, Jodi and/or Travis brought the bed sheets down and threw them in the washer. That cycle had already finished. She throws the sheets in the dryer and throws the bloody clothes and towels in the wash. She grabs the camera, looks at it for a while, then dumps it in the water of the washer.

Knowing that water killed her old cell phone, she expects the water to kill the camera. besides, her prints are all over the camera in blood.

The killer was very concerned about DNA evidence. Note the camera to the left.
The killer was very concerned about DNA evidence. Note the camera to the left.

Jodi Arias loads up the car quickly in the darkness of the garage or in the driveway. She puts the back plate on hurriedly, but puts it on upside-down. She waits for a while, then she’s off on her way. Jodi Arias scoots almost all the way out of Arizona using the remaining gas in the gas cans, and she finally calls Leslie Udy, Ryan Burns, and Gus Searcy to re-establish her alibi. Leslie tells Jodi she called Travis but only got his voice mail. This is when Jodi Arias gets the idea to call Travis and leave a message. The message is so strangely carefree and even done in a joking manner.

Message

Playing possum

She feigns surprise and sadness when Travis’ body is found, 5 days after she thought it would be discovered. Jodi Arias goes to the memorial service, goes to the Police with friends and voluntarily submits to fingerprinting and DNA swab tests. Then they all go for a ride past Travis’ house. Jodi posts a memorial to Travis on her MySpace.

A funny thing here is that you can tell that Jodi is out of touch with Travis, because Jodi posts Travis’ comedy video of Eddie Snell’s “Possum balm” (instead of “Tiger Balm”), but she lists it as “Eddie Snell’s Paustenbalm”, proving that she has no first hand knowledge from Travis of this event. She is just going by phonetics.

She contacts Detective Flores and assists him in his investigation, calling him daily. After the DNA, the prints and the recovered photos all point to Jodi Arias, she’s indicted by a Grand Jury and Arias is arrested and interrogated, giving the intruder story, after first giving a flat out denial. Detective Flores and Detective Haney both suggest she contact Travis’ family.

The letter Jodi Arias wrote to the family, as her stories in the interrogation, were all about Jodi Arias, and hardly about Travis Alexander at all.

And this brings us to the present day.

Premeditation

The turning off of the cell phone, removal of the front plate and possible flipping of the rear plate, and the filling of the gas cans all at Pasadena makes this much more than a chance or casual connection. Jodi Arias is clearly trying to create the impression she got on the I-15 highway from Pasadena to Las Vegas on her way to Ryan Burn’s home in West Jordan, Utah.  This is why she keeps the Walmart receipt from Salinas, because it helps with her alibi, even as it hurts her with the purchase of the 3rd gas can.

What next for SpotlightOnLaw?

I think I will move on to other cases, old and new. There are many interesting cases out there and so little really written about them. It’s always good to try to bring a lot of different information about a case all together in one place.

What about Jodi’s Supporters?

I hope Jodi Arias will retain her good supporters and gain some new support. I can support her as far as wanting her to be treated humanely and fairly. I will support her efforts to win an appeal, but I don’t see how she could prevail in a new trial and convince all twelve jurors to give here a better outcome. Outside of this speculative scenario, I have tried to stick with the established and provable facts. I have deliberately avoided educated guesses, half-truths, speculations, and theoretical possibilities.

I challenge any reader to name one fact we mentioned in this set of articles (or anywhere on this blog), that is wrong, mistaken, or mere speculation. I have to go with the facts, and this is what the facts say. Jodi Arias is where she belongs and she’s proven it many times over with her behavior since the start of the trial.

What punishment does Jodi Arias deserve?

In spite of what she did, I don’t wish her spending her natural life in prison. This to me was a heat of passion domestic homicide, augmented by a very destabilized state of mind. I hope she gets out some day after getting the healing and therapy she needs. I think I have fought for her in every way I could. I’m not disappointed that I advocated for her. In spite of what she did, there is only one person, male or female, on Death Row, with a fact pattern anywhere near that of the Jodi Arias case. That person is Isiah Patterson, who really shouldn’t be on Death Row either, in my opinion.

This was a man who chased his wife naked out of their apartment building and stabbed her to death in front of eye witnesses, then coldly walked back into the apartment after calling her a whore. That’s not enough for the death penalty, in my book, and neither is this. This is biblical law Arizona style, and it’s disgraceful. This only brings all Arizonians down to the level of an Isiah Patterson or a Jodi Arias.

Reversal of the conviction possible?

I really do hope she gets the reversal, even though I feel there is no way she can get a better outcome, whether it’s 2nd degree murder, manslaughter or a complete acquittal. But an unfair trial is an unfair trial, and I know one when I see one, and this was one. I’m happy for the Alexander family that there was no death sentence. That would have dragged this on for decades, and Jodi Arias would have become the victim and the spotlight would be on her for years and years and years to come. This all would have continued to only about her.

gif unicorn 4

SJ and JAII’s support of Jodi Arias

I hope Simon Johansson packs up and gets out of the Jodi Arias biz, as he is a very bad representative of Jodi Arias or anyone, for that matter. The hard core “fans” surrounding him need to come to their senses and realize that this case is exactly what it looks like.

Even Supporters will realize the truth

If I do any more Jodi Arias projects, the one at the top of my list is to debunk the articles of the only ones left who have some form rationality. I won’t bother with the rest.

Little by little and more by more, people will see the truth, no matter what side they’re on. Supporters who stand by Jodi Arias should know that she’s gonna have the same address for decades to come. It’s gonna be a long ride, so settle back, people.

*******************************************************************************************************************************************************************************************************

30 things you MUST believe in order to believe Jodi Arias is

NOT GUILTY of

First Degree Premeditated Murder

So let’s evaluate and review: In order to believe that Jodi Arias is not guilty by reason of self-defense, one has to believe all this

1) Two days After Arias has a fight with Travis Alexander on multiple methods of communication lasting over 6 hours, someone else breaks into Arias’ grandfather’s home, where Jodi Arias is staying, and steals a .25 caliber gun, ignoring other things of much greater value.

 

Police photo of bureau in Arias' Grandfather's house
Police photo of bureau in Arias’ Grandfather’s house

2) The Monday after this huge argument, which is the end of the work week for Arias, she just happens to decide to go on a week long vacation, even though she just started the job and has very little money.

3) She just happens to decide to see a number of people who live south enough in California to bring her into close proximity to Arizona.

4) A friend’s baby (Darryl Brewer’s sister Laura) she wants to photograph in the Los Angeles area, the Hotel del Coronado in San Diego, a place in the “1,000 places to see before you die”, are some of the lame excuses Jodi Arias gives for continuing South another 319 miles (I was waiting for Laura to call me back, etc.), when Arias could have continued from Monterey / Salinas on to Utah via I-80 near Sacramento.

5) One would have to believe that even though Jodi Arias had no plan other than a vague mention of Death Valley, to go into remote desert areas, and even though her whole trip is on the Interstate highway system, that Jodi Arias makes a point of making sure Darryl Brewer had two gas cans for her before she left for the trip, and 30 minutes after securing those gas cans, she decides she needs a third can, but this is all happenstance. Three is better than two. A young woman is afraid for her safety, so she drives in the southwest in the summer with 3 full gas cans in the trunk of her car, because she might ‘go somewhere in the desert’?

6) Even though she claims she was thinking about a trip to Death Valley, one of the “1,000 places to see before you die”, her phone calls to Darryl reveal she needs those gas cans much more than merely just thinking about it.  Pasadena to Death Valley is 259 miles and Death Valley to Las Vegas is 150 miles for a total of 409 miles (1 gas tank full). There are plenty of places to get gas in between.

7) You have to believe that Jodi Arias, who had been calling Travis Alexander throughout her trip, suddenly decided to go see him on a whim, and left her new love interest she planned to see, hanging. If you believe that, please see the next and final article of the series.

 8) You have to believe that Jodi Arias had to fill those cans in Pasadena instead of anywhere else further South or West by happenstance, and not just because Pasadena was right at the beginning of I-15 to Las Vegas, the route Jodi Arias apparently wanted it to look like she took to West Jordan, Utah.

 9) You have to believe that

– at that key point in Pasadena,

– where Jodi Arias is supposed to be traveling north west on I-15

– where she filled the 3 gas cans and filled her tank, giving her an extra 450 miles of range

– and a total range of 855 miles

just then is when either:

a) Jodi Arias’ battery on her phone ran out of juice and she misplaced her charger and she just didn’t have time to find it.

b) Jodi Arias decided to turn off her phone because she didn’t want Ryan Burns calling her and interrupting her or making her feel bad for not getting to West Jordan quicker.

c) Jodi Arias’ phone ran out of juice and she lost her charger and had to buy a new one.

Jodi Arias gave all three answers. “Take your pick”.

Total range Jodi arias needs to sneak in and out of Arizona (701 miles)

Total range Jodi Arias has with 2 gas cans (705 miles)

Total range Jodi Arias has with 3 gas cans (850 miles)

Estimated Distance, in theory, Jodi Arias traveled since filling up 3 cans in Pasadena (15 gallons x 30 mpg = 450 miles) + (11 gallons x 30 mpg = 330 miles) = (780 miles)

Distance Pasadena, CA to Mesa, AZ to Las Vegas, NV (701 miles)

Distance Las Vegas to Mesquite, NV (82 miles)

Total Pasadena to Mesquite, NV (783 miles)

Coincidence?

Earlier, I had thought that Salinas was right next to Pasadena. I did not see the significance of all this until I checked it out carefully on a map. I didn’t realize that all these things Jodi Arias did that look like preparations All happened in Pasadena. I didn’t realize, until Brad Smith of Justda Truth pointed it out, that ok, maybe it’s possible that Jodi Arias can fit 2 more gallons into her car somehow, than everybody else, but in order to do that, the tank has to be completely and totally empty, which was so unlikely as to be pretty much impossible.

Pasadena is also where Jodi Arias’ license plate gets taken off the front of the rental car and magically gets flipped upside down on the rear of the car.

Jodi Arias is leaving from Pasadena at 9:00 PM (just happens to be just after dark) on a 386 mile,  5 and ¾ mile trip to Mesa, Arizona. This should easily get her there by 3 AM. Add the 1 hour time difference, and you get 4:00 AM, just as Jodi Arias stated.

10) You have to believe that Jodi drove all the way from Salinas, CA to the border of Arizona (530 miles 7 hrs 50 min) with no front license plate and an upside-down rear license plate and no one noticed. She drove all the way to Mesa, Arizona (692 miles, 10 hours 11 min) and no one noticed (someone beeping and pointing, the police, etc.)

11) You have to believe that both a 1 1/2 inch butcher knife and a loaded and cocked gun were within easy reach of the master bathroom, just by happenstance, on the one day that Travis Alexander decided to lunge at Jodi Arias and threaten to “kill her life”.

12) You have to believe that Travis Alexander would bend Jodi Arias over his desk and have sex with her when the bedroom is just upstairs and anyone could have come in the house.

13) You have to believe that Travis Alexander would agree to being photographed nude in his shower by Jodi Arias, when he is generally known to be very private about his showers and was not liking the idea in the past. By the way – anyone seeing these photos of a naked Travis in the shower, a supposedly devote Mormon, is going to wonder who was in the bathroom taking these photos of Travis, right? Why would Travis have wanted that? He wasn’t going to show those photos to nobody.

14) Additionally, do any of these photographs, with the possible exception of one, look professional?

shower 4shower 7shower surprise ltshower 6

15) Additionally who really takes a few photos, then discusses which to delete, takes a few more, then decides which to delete? Don’t people usually take a whole slew of photos and then delete the ones that they don’t want afterwards?

16) You have to believe that Jodi and Travis played sex games with a rope that was so long it needed to be cut, with a butcher knife, though the rope length used, the remaining rope, and any packaging the rope might have been in were never found (Brad Smith of Justda Truth came up with that on, too).

(show video)

17) You have to believe that Travis Alexander, after all the restraint he showed in the major conundrums with Jodi Arias, flew into a rage and lunged out of the shower, slippery and naked, wet on a tile floor, trying to assault Jodi Arias.

18) You have to believe that Travis Alexander, naked and wet, would chase Jodi Arias around the bedroom instead of just finishing his shower.

19) You have to believe that Jodi Arias stopped running away from Travis long enough to climb up the shelving in the bedroom closet to get the gun, the same caliber as the one stolen from where she was staying just 7 days before, placed in the only area of the closet that was not thoroughly photographed. You have to believe that Jodi Arias, in a panic and emotionally stressed, climbed up on the shelf disturbing absolutely nothing in the closet whatever, including the bench right in the middle .

show photo

20) You have to believe that Jodi Arias, having never fired a gun before or hardly ever, by accident and under duress, aimed and fired at a moving target and hit Travis in the skull above his right eyebrow – by accident.

21) You have to believe that Travis, once shot in the face with a bullet that crashed through his skull into his jaw and caused profuse bleeding, nevertheless, shrugged it off, and continued his deadly attack.

By The Way, Jodi’s story of shooting Travis  (“Oh crap” *)  by accident and then the two of them falling to the floor in the back of the bathroom together, side by side – does that remind you of anything?

  • Jodi Arias used the words “Oh, crap” to describe shooting Travis – a word that Travis specifically told Lisa Andrews that he hated and did not want her to use.

22) You have to believe that even after being stabbed with a deep wound to the heart, a deeper wound to the abdomen, 14 knife wounds to the back, and 12 other knife wounds, with his back and his neck and his head and his hands and his face all bleeding profusely, and after being down and bleeding in 2 other places in the bathroom, and after trying to get out of the bathroom and away from the other person, that Travis was still continuing to attack Jodi Arias and still posed a deadly threat to her.

Yet, Travis, as a Mormon, didn’t do drugs or even drink coffee or other caffeinated beverages.

23) You have to believe that Travis Alexander, with all those wounds and all that damage to his body and blood loss, still needed to have his throat slit to stop him and came after Jodi Arias in attack mode, covered in blood, with his chin tucked into his chest.

24) You have to believe that Jodi Arias remembers none of this after the gunshot until she is out of the state, – but she does, – but she doesn’t.

25) You have to believe that Jodi Arias killed Travis Alexander on autopilot, and in that autopilot mode, remembered to delete photos, attempt to destroy evidence, clean the area of some blood and prints, and remove items from the scene, leaving only a few small drops of blood beyond the main crime scene.

Evidence screener hand print

26) You have to forget Jodi Arias’ description, at the interrogation, of Travis shot and bleeding and letting out a high pitched wail as he is crawling around on his hands and knees (“Travis was just ………. there.”), as well as her reporting of Travis remaining stationary on his hands and his knees.

27) You have to forget about Jodi Arias’ description at the interrogation, where she stated twice that after being shot, Travis was left there alone for quite some time.

28) You have to believe that in spite of claiming PTSD from the trauma of being forced to kill in such a gruesome way, that Jodi Arias went to Travis’ memorial service, took a DNA test, and then took a sightseeing ride back to Travis’ house and scene of the crime and also, she qualified for and purchased a 9 mm handgun.

29) You have to believe that the 9 mm handgun, which was hidden so well and so cleverly in her second rental car that is wasn’t found for over a week, was taped to the hood of the car with duct tape and was the first time Arias had ever concealed a handgun in a car in that way.

30) You would have to believe that in January, Arias helped Travis put away Christmas decorations which she said were stored in the attic, when she came back and caught him masturbating to photos / computer images of young children, when the lead detective said the attic was utterly empty.

>>>>>>>> If you are still skeptical, what would you think if you saw a photo from June 10th 2008 of an empty attic? If I saw that, that photo alone would prove to me this was a 1st degree premeditated murder. <<<<<<<<<<

31) You would have to believe that Arias, a person who complained about her hurt toe from June 4th to Travis’ family, sustained a broken finger from Travis kicking her in the ribs, yet she never mentioned it to anyone or took a photo of it or was able to produce any witness to verify it.

32) You would have to believe that Arias unintentionally and meaning well, wrote the letter she wrote to the Alexander family and made her remarks to the judge at her sentencing.

33) You must believe that the strikingly insensitive comments in both instances were just completely misunderstood by nearly everyone.

34) You would have to believe one or more of George Barwood’s theories:

a) The special, extra large gas can that Jodi’s rental car had but no one else in America had.

b) That Jodi was-making-bandages-for-Travis’-head-after-he-got-shot-when- Travis-suddenly-started-attacking-her-again-theory. Even though people in America do not make bandages and no evidence of home-made bandages was ever found.

c) That Travis-slipped-and-fell-in-the-hallway-and-landed-on-the-carpet-and-“bled-a-bit”, -before-getting-up-and-running-back-down-the-hall-into-the-bathroom-to-attack-Jodi theory.  That,-therefore,-Travis-was-down-on-the-floor-bleeding-for-quite-some-time-now-in-three-(not just two)-different-places,-yet-this-was-still-self-defense theory.

Here, Travis
Here, Travis “slipped and fell while chasing Jodi, bled a little bit on the carpet, then got back up and ran back down the hall into the bathroom to continue his attack”.

d) The “4 gas can theory” (The Jodi-borrowed-2-gas-cans-from-Darryl- Brewer,-then-bought-a-3rd-gas can-immediately-returned-it,-then-bought-one (5 gallon)-or-two (2.5 gallon)-more-can(s)-in-a-fog-after-the-killing-theory).

4 can theory

35) You would have to believe that even though Jodi Arias wrote a letter to the Alexander family in July 2008, detailing how Travis Alexander abused and beat her, leaving bruises, that the reason she told the Ninja story to the authorities which completely absolves her of any responsibility for or any participation in the murder, that Jodi did this for the main purpose of protecting Travis Alexander’s reputation.

36) You would have to believe the prosecutor and the prosecution witnesses and the defense attorney and the jury and the media and the social media and judge were all in on the conspiracy to find Jodi Arias guilty of 1st degree murder and to get her the Death Penalty.

37) You would have to believe that Travis begged Jodi Arias to come to Mesa, Arizona and move to Mesa after they had broken up, even though Alexander was hot on the trail of other women.

38) You would have to believe that Deanna Reid and / or Chris and Sky Hughes are devious people and possibly murderers who wanted kill Travis Alexander and frame Jodi Arias.

39a) You would have to believe that this is the Travis we never saw:

Help! Help! He is choking me.
Help! Help! He is choking me.
Oh, you dropped my camera?
Oh, you dropped my camera?
“Effing Kill you, Bitch!!!!”

39b) Fill in your own:

You would have to believe _______________________________________________________ ___________________________________________________________________________________.

Would you believe ...... ?
Would you believe …… ?
Would you believe ..... ?
Would you believe ….. ?

By the way – In Estrella Jail, Jodi Arias called her first Boyfriend “86”, and he called her “99” (The secret agent numbers of Maxwell Smart and his partner).

40) Finally, you would have to believe that this guy, this guy who would sexually abuse young children as well as Jodi, the guy who choked Jodi to unconsciousness (Even though she said in the 48 hours interview: “I was never in fear of my life”), …

… the guy who kicked her in the ribs to the point of breaking her finger, body slammed her on solid tile, and continued to attack Jodi Arias and threatening to kill her, is the same person in the following video:

Okay, I promised you 30, but you got 10 bonus ‘things you would have to believe’, not including the one you were supposed to come up with. 🙂

Did you catch all that?

Im-So-Confused,-Mantled-Howler-Monkey

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The Tables Have Turned (part 4 – The Crime Scene)

Fact-Based Reporting by

Rob Roman

Warning!! This article DOES NOT contain explicit and graphic autopsy / crime scene photos.

There are two versions of this and every article, this one is a “post“, the other is a “page“. If you wish to view the more explicit and graphic autopsy / crime scene photos, please go to the alternate version here:

 https://spotlightonlaw.wordpress.com/the-tables-have-turned-part-4-the-crime-scene/ 

Most people comment on the “page” also.

 

The crime scene:

This camera is a Sony DSC H9 Camera, similar to what Alexander had. Price in 2008 was almost $2,000
This camera is a Sony DSC H9 Camera, similar to what Alexander had. Price in 2008 was almost $450

 

Now we move on to the crime scene. Is there anything here that can support Jodi Arias’ story? Here, we are dealing with real hard physical evidence, we are not relying on Jodi’s word. There are always unknowns, but is there something strong anywhere in the crime scene which would lead a reasonable juror to conclude that Jodi Arias may have been attacked, and Jodi Arias was forced to kill to defend her very life?

This video by Gray Hughes is an excellent way to familiarize yourself with the crime scene (Travis Alexander’s Master Bathroom and Bedroom).

So far, with an examination of the body, we have very little supporting a case for self-defense, and examining the crime scene does not help much, in my opinion.

This is one thing I was pinning my hopes on. Defense attorney Jose Baez, pointed early on to the crime scene evidence. He said since Jodi Arias had lied so much prior to the trial, the defense should not call her to the stand at all. Instead, they should look to the crime scene and the forensics to blow holes in the state’s case. Thanks to mostly Jodi supporters, arguing all their bizarre theories, they have proven to me that this is no longer a possibility either.

Jose Baez, lead defense attorney from Florida v. Casey Anthony
Jose Baez, lead defense attorney from Florida v. Casey Anthony

 

Whether you accept the prosecution version, that the attack started in the shower, or the defense version that Travis was shot by Arias by accident and in self-defense, as he rushed at her, we can surmise the movements of the victim. Movements seem to begin along the tub towards the toilet room, to the back of the bathroom by the scales, over to the sink and then down the hallway to the carpet.

A) There is one cast off blood stain just outside the shower enclosure by Travis’ bathrobe.

crime scene bathrobe lt

 

There’s a blood pool by the toilet room door, indicating Travis bled there on the floor for quite some time before getting to the sink. Something happens to cause blood spatter very low at the door frame of the toilet room. The blood spatter is such high-impact that it even hits the base of the toilet.

The blood pool by the toilet room door and high impact blood spatter on the door jamb

 

crime scene toilet door frame 2 lt

crime scene toilet lt 2

There is cast-off blood very high on the blinds of the bathroom window by the scales. This could have happened at the time that Travis seemed to be crawling away, or after the killing, because Jodi Arias came back to the back of the bathroom to clean up. There were 2 empty toilet paper rolls in Alexander’s trash bin in the corner. That’s unusual for a single person who has his home cleaned regularly.

There’s a towel rack on the outside wall of the toilet room and there’s more blood around that area.

The towel rack by the scales is missing a towel
The towel rack by the scales is missing a towel

 

Possibly Travis was on his feet at this point, but he doesn’t have to be. He may have gotten the towel off of the towel rack and he was heading to the sink. He may have still been on his knees and only tried to get on his feet at the sink.

crime sceen scales

There’s some blood drops over by the scales at the back of the bathroom. We do know at least one of these scales was knocked out of place, because the clear scale had blood drops directly under it. The next place Travis goes seems to be the sink.

 

Now, here’s a good question: How many people just happen to have a gun and a 1 1/2 “ butcher knife” just lying around in close proximity to the bathroom? Not many of us, that’s how many of us. Most likely, the reason why Travis Alexander can go to the sink and stand there with his back to his attacker was because Jodi wasn’t in the room. In theory, she had left him in the bathroom to go get the knife because the gun had failed to kill him.

As Gray Hughes noted, All the blood spatter in the bathroom up to the sink is consistent with a gunshot wound. All the blood evidenceto the right of the sink is more consistent with stabbing injuries.

A knife first attack is usually going to start and keep on going until it ends, there will be no “time-outs”. No chance to take a break and go to the mirror.  So a knife-first fight with either as aggressor has some problems. When was anyone going to get the chance to go to the sink and mirror?

 

crime scene sink closet lt

 

crime scene closet 2 lt

It seems that after going to the sink, Travis is again on the floor bleeding next to the linen closet. There’s quite a bit of blood there in two large pools. The prosecution theorized that this might be where Travis was dragged to be shot in the head, before being put back in the shower enclosure. If he he was shot first, that would preclude this idea. Then there would need to be another explanation.

 

This is a grizzly scene in the hallway on the way to the carpet. I just see this as a wild stabbing injuries as Travis tries to make it out of the bathroom.

 

Most people agree that Travis collapsed here leaving the large blood smear. Travis ends up with his throat slit at the carpet. This is carpet and padding and there’s a tremendous amount of blood loss at the carpet. You do see a lot of foot activity next to the large puddle of blood. Beyond this point there is virtually no blood besides a small smear at the washing machine, etc.

 

I think this is where most people think Travis ended up and would have remained, if he hadn’t been dragged back into the shower. It appears to me that Travis was almost immediately moved back into the bathroom. This blood trail on the right looks to me like blood dripping from a body as it is moved.

crime scene carpet to floor

 

I think this is showing blood trails and drips from the body as he is being dragged  back to the shower. Notice how the trail stops right before the angled wall leading to the shower enclosure. I think that was a really good theory the prosecution witness came up with, that Arias must have taken a wet towel and ran it straight up the middle of the hallway, or wet the floor and used the towel as a squeegee to remove prints, and to give her a clear path out of the bathroom. People also theorized that excess water got under the carpet, making that messy area you see on the right.

Now, as far as the idea that the body was brought back by the linen closet to be shot, there are two more reasons, besides believing the gunshot was first, why I don’t believe this. First, the body was bleeding out and was an obstacle for Jodi Arias. I think she wanted to get the body back in the shower right away so there wouldn’t be more blood than there already was. I don’t think she would have stopped at the linen closet to shoot him, and in the process cover the floor with more blood.

You can tell the 2 accidental photos were taken upside-down, as testified to, and on a slight angle.
You can tell the 2 accidental photos were taken upside-down, as testified to, and on a slight angle.

 

 

Besides the 15+ reasons I have for believing the gun was first, there are two more reasons why I believe the body was brought immediately to the shower stall. People theorize that Jodi cut her finger and bled on Travis, so she needed to wash the DNA off him in the shower, and that may be so. I think all the blood and Travis’ body were creating an obstruction preventing Arias from leaving the scene without leaving more evidence (footprints, fingerprints, transfers, etc.). So I think she needed to get the body out of the way and let the blood drain into the shower enclosure, instead of pooling up on the floor.

Here’s yet another answer to Heather’s question, why didn’t Jodi Arias shoot Travis Alexander the minute she first saw him? Well, after they had sex, she had to wait for him to take a shower, to wash off her DNA. The idea about Travis needing to be washed off because Arias bled on him makes sense. She would have to be real careful to keep her blood off of everything, including him.

The other thing I see is possibly, Jodi Arias, as is her style, completing a plan after the plan had already failed – i.e. her intention was to kill him in the shower, and she was bringing him back to where he was supposed to be.

Here’s the second reason: I think she dragged him down the right side of the hallway to avoid other blood, then she cut the corner too sharp, leaving these blood transfer stains.

 

crime scene closet trim lt lg

crime scene closet door trim 2

If Arias had stopped at the linen closet to shoot Travis, I don’t think she would have slid him against the baseboard on the way to the shower. This seems to be the path Jodi Arias took.

Still from the Gray Hughes video
Still from the Gray Hughes video

 

Now remember the foot photo? Some believe it was taken close to the carpet. Others believe it was taken more near the area of the linen closet. Most people agree that the “foot photo” was taken with Travis’ feet pointing towards the back windows of the bathroom and Jodi’s foot nearest the hallway. The light is coming from the direction of Travis’ feet and that is attributed to the light from the bathroom windows.

The famous "foot photo"
The famous “foot photo”

 

But, in photo #162, the “foot photo”, you see that Travis is down on the floor, either before or after he goes to the sink. It makes sense that his head was on the floor near the linen closet when the foot photo was taken. So, for me, that accounts for the second blood pool. As for people who believe the “foot photo” was taken closer to the carpet, even if it’s true, that’s yet another place where Travis was immobile. The only time Travis was down by the carpet was the final time, in most people’s opinion.

So we have good evidence that Travis was down and on the floor at least 3 times and in three different places in the bathroom / bedroom in this 3 minutes maximum of a “struggle” on June 4th, 2008. The two inadvertent camera shots are both taken when Travis was on the floor. No, that doesn’t play well towards self-defense, either.

So almost everyone agrees that Travis’ final resting place was at the end of the bathroom hallway where he fell over and his throat was slit. I believe everyone agrees that Travis first crawled towards the back of the bathroom towards the toilet room and the scales.

I think most people agree that Jodi Arias was talking about something that actually happened in her “ninja story”: Travis was on all fours, or on both knees and one hand, while holding his head with his free hand and moaning or screaming. There’s a blood pool there, indicating Travis was motionless by the toilet room door for some time.

Travis may have tried to get into the toilet room, and Jodi might have tried to stop him, causing the low to the floor, high-impact blood spatter on the toilet door frame. People who believe in self-defense need to account for that blood spatter.

Now a major question: Why would Travis take a left out of the shower and go further into the bathroom if he were under attack?

 

 

Still from Gray Hughes Video
Still from Gray Hughes Video

Was this because Jodi Arias was near the linen closet blocking the exit? That’s where it seems she put the camera down, as you will see.

One way to do it is this: Who says Travis took a left out of the shower? He could have gone straight to the sink and from there down the hallway. All of the other blood to the left of the sink could still be Travis’ blood, but it could all have been put there by Jodi Arias. She could have dripped blood from clothes and her own body. She could have put clothes and a towel on the floor creating the blood pool and she could have dropped or thrown something to the floor, creating the spatter. Could that create that much blood? I don’t believe this, but I guess it’s possible.

crime scene toilet door frame

Most of us agree that Travis then went from the scales to the sink, and then down the hallway. It seems like prior to going down the hallway, he was on his back when the foot photo was taken.

I believe that the foot photo was taken after Travis was at the sink. If we are theorizing that Travis was able to go to the sink because Jodi left the room, then the “foot photo” must have been taken when she came back. Travis was on his back, blood running over his right shoulder. I think the closet door was closed at the time.

Just a theory of Travis' location at the time of the "foot photo"
Just a theory of Travis’ location at the time of the “foot photo”

 

Everything also has to fit inside the time line. I think Travis went to the sink, then collapsed or fell, maybe this is when he said “I can’t feel my legs”, which was part of Jodi’s Ninja story, that I think is true. At some point, he crawled or staggered down the hallway where he collapsed. His throat is slit and he is then dragged back into the shower, where he was found 5 days later.

Check out this Gray Hughes video showing the crime scene pics:

 

Following the time line and the sequence of events, we have the four final photos:

5:30:30 “Sitting” pic #160
This is the last pic of Travis alive and well. He’s sitting in the shower

5:31:14 “Ceiling pic” #161
(44 seconds later) The “ceiling photo” where something causes Jodi Arias to point the camera upwards and snap the shutter release.

5:32:16 “Foot” pic #162
(1 min 2 sec later) (1 min 46 sec after “sitting” pic)

5:33:32 “baseboard” pic #163
(1 min 16 sec later) (3 min 3 sec after “sitting” pic) (2 minutes and 18 seconds after the ceiling pic)

State Supporters have more time in their sequence, the entire 3 minutes and 3 seconds. After the sitting photo is snapped, Travis could have been shot right away. Jodi Supporters have to start where Jodi says things started, when she dropped the camera at the ceiling photo. The time line from then until the final “baseboard photo” is 2 minutes and 18 seconds.

As Juan Martinez demonstrated in the court room,  2 minutes is a very long time when it’s life and death. But, Jodi Supporters have a lot more events to fit into a much smaller time line than State Supporters have.

Jodi Supporters have to include the part where Travis leaps out of the shower in a fury, lunges at and body-slams Jodi, she rolls away and runs down the hallway, Travis chases her into the closet, she grabs the gun, runs back into the bathroom and turns around, firing at an attacking Travis.

Jodi Arias demonstrating how Travis Alexander attacked her in a "linebacker" pose
Jodi Arias demonstrating how Travis Alexander attacked her in a “linebacker” pose

 

They both collapse right next to each other at the back of the bathroom. Then, with, whatever time is left, everything else has to be accounted for. Whatever aid Arias may have rendered to Travis, if any, and the rest of the knife attack all has to fit in that 2 minutes and 18 seconds with only 62 seconds until the foot photo.

1 minute and 46 seconds after Travis is sitting down in the shower, the foot photo is taken. That’s 1 minute and 2 seconds after the ceiling pic where most people think something happened and this is where the attack started. So whatever happened between the start of the attack and the foot photo, it had about 1 minute (62 seconds) to happen. Most people agree that by the time of the “baseboard pic”, Travis is already being dragged back to the shower enclosure.

Travis Alexander sitting in the shower
Travis Alexander sitting in the shower

 

Jodi Supporters believe Travis lunged out of the shower (ceiling pic) and attacked and chased Jodi, she came back into the bathroom through the closet with a gun as Travis was chasing her. She turned around and shot him, then they both went down by the bathroom scales. They believe that during this time, Travis left the first blood pool.

The "ceiling photo" You can see the very top of the entrance into the clost
The “ceiling photo” You can see the very top of the shower door and the entrance into the closet

You can theorize, as Judge Sherry Stephens did, that possibly there were more than 2 weapons used. Arias could have struck Alexander with a blunt instrument, or one knife could have broken, and she needed to get another. You can also theorize that Travis was shot last after he was dead or nearly dead. I don’t think that’s likely. It’s much more likely to me that Travis was shot and he didn’t really understand what was happening to him at first, and so he crawled around and then went to the mirror once Jodi Arias exited the bathroom.

Some Jodi Supporters want to believe that once Jodi shot Travis, that the fight continued to the end. There’s a problem with that scenario. How was Travis stationary long enough to leave the first two blood pools if this was self-defense?

Other Jodi Supporters would say that the “foot photo” is Jodi going to Travis’ aid, so that explains the first blood pool and the second blood pool by the linen closet door. The first blood pool is from Travis shortly after he’s shot and he is down by the toilet room door. The second blood pool happens by the sink and the linen closet as Jodi is assisting him. There’s no time to call 911. This is when the “foot photo” is taken, in my opinion.

The famous "foot photo"
The famous “foot photo”

The blood over the shoulder could all be from the gunshot to the head, or Alexander could have suffered stab wounds at the time this photo was snapped.

State Supporters believe that Jodi Arias shot or stabbed Travis Alexander in the shower, possibly causing the ceiling photo, shortly after the beginning of the stabbing or shooting. Alternatively, Travis could have crawled out of the shower as Jodi possibly stepped or jumped back suddenly, which could also have resulted in the taking of the ceiling photo. Travis crawled to the back of the bathroom and you have the first blood pool.

sony camera ltsony cybershot h9

sony dsc h9 3

 

Yet another theory is that all, or nearly all, of the 28 knife wounds could have been done in the shower, the back and the head wounds could have been done as Alexander moved and bent his head in efforts to protect himself.

The baseboard photo drives me crazy. What exactly are we looking at??? Is this Travis’ back and shoulders or is this some kind of reflection?

 

I think what happened is this: Jodi put the camera down by the linen closet more or less against the wall. The camera was upside-down as described in the trial. Arias either dropped the camera, kicked it, or stepped on it, to snap the photo. The camera may have been oriented like this:

crime scene camera 1

 

Some how the camera got kicked or moved, and it spun 130 degrees or so to give this angle:

crime scene camera 2

 

This takes the next shot, which is the “baseboard photo. The object appears to be closer to the camera and further away from the opposite wall. This coincides with the blood evidence indicating Arias dragged Alexander up the left side of the hallway, then cut over to the right to deposit him in the shower stall.

 

 

The final pic #163 - The "baseboard photo"
The final pic #163 – The “baseboard photo”

 

At trial, Jodi Arias did confirm that this was Travis being dragged back to the shower.Many theories have been put forward as to what we are seeing, and how this photo could be snapped as we are seeing Travis seemingly do a sit-up. His head does not appear to be tilted back, as would be expected.

 

one websleuth's interpretation of what photo #163 could be
one websleuth’s interpretation of what photo #163 could be

 

If this websleuth is correct, there must have been three people present, because who is left to step on or kick the upside-down camera to snap this photo?

Here Travis is about 12 feet tall, though …………. LOL. It’s the best theory I have seen. She could have stopped dragging him and picked him up, as pictured, to adjust him to one side or the other. Well, it only creates more questions. 🙂

This diagram depicts the Defense / Jodi Arias’ version of events. Jodi got the gun from the top shelf in the closet and she runs to the center of the bathroom, turns around and fires at Travis as he emerges from the bathroom. They both collapse together near the scales. This version fails to account for the blood spatter and the blood pool near the toilet room door. Somehow Travis needs to get near the toilet room and leave the blood pool and blood spatter, before he continues on to the sink. It’s a little illogical under the gun first theory, to be in pain and to have an emergency and then to criss cross back and forth in the bathroom.

crime scene bathroom lt jodi version

 

The next diagram shows A) The Prosecution version of Travis’ movements in the bathroom, and B) the Defense’s version of Travis’ movements. The red “X’s” are about where Travis was shot in each version. Here, in the defense version, Travis needs to get over by the toilet room somehow, and then C) the rest of the scenario is the same for both. Travis gets to his feet and goes to the sink. He falls or collapses to the floor by the linen closet, Jodi returns to the room or goes to assist Travis, kicks or steps on the camera,  and the “foot photo” is taken. Then the struggle continues down to the end of the hallway.

crime scene bathroom lt jodi version 3

 

 

 

Travis went to the mirror as Jodi left the room to get a knife. When she returns, Travis is on his back. Maybe this is when the “foot photo” is snapped.

 

crime scene overview 4 lt trail new

 

I suppose the two different accounts converge at the sink, as Jodi Supporters believe that Travis and Jodi then become involved in a deadly life or death struggle all the way down the bathroom hallway until Jodi is forced to cut Travis’ throat open as he was still coming at her. I suppose here Jodi is walking backwards trying to get away from Travis and fend him off with the knife?

Many State Supporters believe that Jodi came back with a knife and started stabbing him. At some point, Travis turned around and started heading down the hallway with Jodi Arias stabbing at him from behind. He collapses at the end of the hallway and she cuts his throat to make sure he’s dead.

crime scene overview 2 lt trail

 

So, as far as self-defense, you could go with the constant attack theory, where Travis never stops attacking once he lunges out of the shower and pounces. There are problems with that as there are two blood pools on the bathroom floor, showing that Travis was stationary for a significant amount of time bleeding. You will also have a tough time explaining how Travis, constantly attacking, stops to get up to the sink and the mirror.

The second alternative is the attack – rescue – attack scenario, where Jodi Arias shoots Travis, then comes to his aid, to account for the 2 blood pools and for Travis being able to get to the sink and mirror. They again become locked in a deadly struggle with Travis coming at Jodi relentlessly as Jodi backs up, I guess, with the butcher knife and she’s forced to keep stabbing him. I suppose at this point, since more than half the knife wounds are to the back, that they are both going backwards towards the bedroom? There are a few problems with this scenario, also, in order for it to work.

Show me exactly how this could work?

Nine of the fifteen back stabs are a pattern or cluster of nine stabs to the upper right back. It is theorized that these wounds had to be made when Travis was stationary. Some Jodi supporters believe Travis and Jodi were face to face either standing or with Travis lying on top of Jodi when Jodi reaches around Travis’ right shoulder to stab him in the back in self-defense nine times. The angle of the stab wounds would still be the same from that direction.

crime scene back b

crime scene knife 2

The stabs to the front of Travis’ body are deliberate and deep as Travis tries to fend Jodi off with his hands. The stabs to the back of Travis’ body, other than the ‘cluster of nine’ seem to be wild and chaotic stabs. This makes me believe that the front stabs came first, the five back stabs were more desperate and in motion.

The cluster of nine remains a mystery. I think either they happened by the linen closet and were an effort to get Travis to turn over on his back after he turned his back to her in self-defense, or they happened at the bedroom end off the hallway, as Travis was lying there, in an effort to determine if he was dead or not. This is just my opinion.

Jodi supporters who want to claim self-defense, first must choose between the constant attack model, or the attack – rescue – attack model. Then, even with the second model, a reasonable version has to fit the time frame (62 seconds until the “foot photo”). It must also fit the crime scene and autopsy evidence in order to be a believable scenario.

Also, why didn’t Jodi call 911 if she shot Travis accidentally? Was it because she had 3 cans of gas in her trunk or was it because she would need to produce the gun? Was it because Travis would tell his story? Maybe it was because her phone was dead?

It soon becomes pretty clear that the murder theory is much easier to explain than the self-defense theory. But even these rather tricky explanations are not so bad, except for the fact of all the other tricky explanations that have to be made to account for all the other improbable things that had to happen even before Jodi Arias gets to Mesa. :-p

So, if Jodi Supporters were going to place their bets on the autopsy and the crime scene forensics, this doesn’t seem to play out too well for them, either. The autopsy shows very forceful stabbings with deep penetration all in a more or less horizontal position to the front of the body, and the cluster of nine stabs (by a left handed person), most at the same angle, and then 5 chaotic knife wounds. Not the best information to derive a self-defense out of.

Then, remember, they also have to make the overall time frame fit. Because there are only 2 minutes and 18 seconds (the time from the ceiling pic to the foot pic) for Travis to throw Jodi to the floor, for Jodi to roll away and run down the hall, for Travis to chase her, for Jodi to get the gun and shoot Travis, for Travis to yell “F*cking kill you, b*tch”, and everything else up until the foot photo.

The crime scene shows that the deceased was stationary and on his back in one photo, was not moving on his own in another photo, and he had to be stationary for a while in at least two different times and places in the bathroom. Further, the deceased was stationary for the cluster of nine stab wounds. The deceased did have the space to get up and go to the sink / mirror. Finally it appears as if Travis was trying to get out of the bathroom when he fell and hit the floor. You could come up with a scenario where Travis is attacking Jodi up until the point where Jodi gains the upper hand and then she just keeps going under the effects of adrenaline until he’s dead, but that’s a tricky scenario.

The time frame for the defense is very tight. The deceased, by necessity and in order to fit the evidence, must criss cross around the bathroom in the defenses’ scenario. It seems as if Jodi Arias had many opportunities to get away from Travis if he was attacking her. Remember, he was naked, so he wasn’t going to go out of the bedroom, or out of the house, at the least. Then, you have to explain why it seems that Travis, rather then Jodi, is the one trying to escape from the bathroom?

 

crime scene hallway rainbow 2

The “rainbow” blood smear at the bedroom end of the hallway

– Travis received the nine stab wounds to the back most likely when he was stationary.
– Travis was stationary in at least two different places at two different times.
– Travis was most likely trying to exit the bathroom
– There are 5 chaotic wounds to Travis’ back
– There are some forceful wounds to Travis’ front as he tries to defend himself
– Travis was on his back and seemingly defenseless when Jodi Arias was standing in front of him with her back towards an exit. Could she have exited the bathroom at that time?

With Jodi Arias’ / Defense version, how does Jodi Arias account for the blood spatter on the toilet room door jamb? That spatter goes all the way back to the base of the toilet. Was Travis Alexander being Assisted by Jodi Arias after she shot him accidentally and he was bleeding profusely, or was he still attacking her? If he was still attacking her, then why is he staying in one place? If she was assisting him, then why didn’t she call 911? It’s a real conundrum.

Now is the time for those who feel this was less than 1st degree premeditated murder to chime in. How will Jodi’s defense answer for these things in a new trial.? Well, Travis was a pedophile? Do you think that argument will carry the day?

All of this information makes a self-defense theory highly problematic unless we are getting into the realm of the Matrix or something of that nature. My recommendation would be to not go with the self-defense theory in a new trial, it’s just not viable. A heat of passion homicide would probably be the best defense, in my opinion, but then you would still have to beat all that circumstantial evidence of premeditation to the satisfaction of all twelve jury members.

That’s a tough row to hoe, as demonstrated by parts one and two of this series.

 

 

Hing Hing Hing Hing
Hing Hing Hing Hing

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The Tables Have Turned (part 3 – Autopsy)

Fact-Based Reporting by

Rob Roman

Warning!! This version of the article DOES NOT contain explicit and graphic autopsy / crime scene photos.

There are two versions of this and every article, this one is a “post“, the other is a “page“. If you wish to view the more graphic and explicit autopsy / crime scene photos, please click on the link to the alternate version here:  

https://spotlightonlaw.wordpress.com/the-tables-have-turned-part-3-july-31/                         

The other version, the “page“, is also where the most people comment.

Travis' home on 11428 E. Queensborough Avenue, Mesa, AZ. The yellow arrow is pointing to the master bathroom windows.
Travis’ home on 11428 E. Queensborough Avenue, Mesa, AZ. The yellow arrow is pointing to the master bathroom windows.

In part three of the Table Has Turned Series, we are now going to review Jodi Arias’ attitude and actions as portrayed by the prosecution and the defense, to see which one fits best, according to Jodi’s actions throughout the trial. Then we are going to look at the autopsy (WARNING: Graphic Photos) and the crime scene to see what they can tell us about self-defense vs. murder.

Let’s take what we have learned about the 7 most salient pieces of circumstantial evidence, and add these indisputable facts that we were talking about earlier in (part 1):

jodi arias a

Facts about Jodi Arias

1. Accusations of stalking
2. A seemingly nomadic lifestyle
3. A poor work record / not doing much in PPL
4. Though Baptized into the LDS, little to no involvement in the LDS
5. No solid friends in Arizona save Travis Alexander, Daniel Freeman, her roommate, and a couple of females from her singles ward.
6. Arias had abandoned her responsibilities (Mortgage and Bills) in California with Darryl Brewer.
7. A habit of violating Alexander’s personal space and monitoring his activities.
8. Proof positive that Arias had stolen a diamond engagement ring from Alexander
9. No solid plan for the future
10. A habit of following through on plans even after the plan had already failed
11. Questionable move to Mesa, Arizona in the first place (after she “broke up” with Alexander).

All of this screams obsession with Travis and a single-minded plan to capture him. Notice how I said “accusations of stalking”? This is because I don’t see that any stalking at all was proven in court. I do believe she was following him around, though. That’s not stalking. The stalked person needs to know they are being followed and create a fear in the stalked person for it to be stalking. Travis telling someone he is fearful is not enough for me, because he didn’t take any of the actions a person who was truly fearful, would take, in my opinion. For example, did he call the police? No, he called his sister in California who is a police officer.

Travis and Samantha Alexander
Travis and Samantha Alexander

Now, let’s add Arias’ actions directly after the crime:

* She gives few details about the day of the crime, and is ambivalent about what happened the day before the crime. This is because she wants to give no details that can pin her down, in my opinion.

* When some part of her story is troublesome, then you get Technicolor detail and everything down to the split second.

* She altered the crime scene (Removed the weapons, deleted photos, attempted to clean the floor, straightened out the scales, dragged Travis back to the shower, threw bloody clothes and items in the washer, etc.).

* Jodi Arias immediately tried to cover up her involvement in the crime (text messages and voice messages to Travis).

* Jodi Arias went to Travis Alexander’s memorial service knowing she was involved in his death (there were over 1,000 people at Travis’ memorial service).

* She sent an exceptionally insensitive letter to the family complaining that she hurt her toe and lamenting that Travis’ family would get souvenirs from Travis’ home that she helped pay for. She lied to the family about what happened.

Jodi Arias Letter to Alexander Family (7 28 2008)

* She called Detective Flores and offered to help with the investigation while also trying to throw him off the trail, suggesting possible suspects, and monitoring his progress (what other interactions does this remind you  of?).

* She lied in the interrogation, and when shown proof she was at the scene and some evidence, she used that evidence to fabricate a second set of lies. (The “Calvin Klein photo” – Would Jodi Arias have said this if she never saw that photo? The ninja woman standing over Travis. – Would she have said that if she didn’t see that “foot photo”? (Would Jodi Arias have said there was a woman involved?)

Jodi Arias is a very well-practiced liar. Just look at her two pre-trial interviews. I’m still sold even after I know for sure she’s lying. This is why some Jodi Supporters feel she didn’t kill Travis at all.

Now, let’s add Arias’ character from inside and outside the courtroom into the mix:

1. Jodi Arias did write a manifesto in jail and she went on several interviews before the trial against the advice of her attorney(s)
2. Jodi Arias did manipulate her fellow inmates to have sympathy for her and advocate for her innocence and freedom
3. Even though Arias was facing the death penalty, she still managed to have serious conflicts with the lead attorney on her case, a person she was once very closely allied with, to the point that they no longer communicated with each other. That’s really not too bright.
4. Jodi Arias also had conflicts with at least 10 to 20 of her supporters, including personal friends who wanted nothing from Arias but to help her, because Arias thought she knew better than they did.
5. Jodi Arias has sided with Simon Johansson of JodiAriasIsInnocent .com and has condoned and approved of his actions in attempted jury tampering and intimidation, a violation of our US Constitution, our American values, and our Justice System.

She has condoned and approved of slandering and attacking the victim’s family members (People who have lost both parents and grandparents as well as their brother), posting a photo of Travis Alexander in a body bag, with a message that Justice was “served” and Justice was “in the bag”.

body bag sentencing jaii

She has condoned and approved of SJ calling the Alexanders the “Adam’s family” and calling Travis Alexander’s eldest sister, Tanisha Sorenson, “Morticia” and “Skeletor”. To this day, Jodi Arias has failed to repudiate anything SJ has said or done, giving more credence to the idea that SJ’s words and actions are synonymous with Jodi Arias’ words and actions.

With friends like these, who needs enemies?
With friends like these, who needs enemies?

6. On the day of the original trial guilty verdict, Jodi Arias got in a heated argument and screaming match with her attorneys over whether or not she should do an interview with Troy Hayden. What were the attorneys trying to do? They were looking out for Jodi Arias’ best interests. Juan Martinez chose not to use material from the interview, and Arias was lucky he didn’t.

(NOW, what is “Team Jodi” saying about Troy Hayden?

Is there any doubt whatsoever that Jodi Arias would have met her appellate fundraising goal were it not for this bunch of bananas?
Is there any doubt whatsoever that Jodi Arias would have met her appellate fundraising goal were it not for this imbecile and his bunch of bananas?

7. Jodi Arias, during her allocution, told the jury that she was a survivor of domestic violence in spite of their guilty verdict and spoke mostly about herself.

8. Jodi Arias showed no regard for the feelings of others, especially people who cared about her and tried to help her, on several occasions. (Detective Flores, Her attorney Kirk Nurmi, her parents, Donavan, George Barwood, Jason Weber, Elizabeth Schilling, A person named “Coco Elsie”, A person named Edd Stackowitz, numerous supporters who wrote to her and were left feeling she had treated them badly (I have this first hand from far too many supporters), and even Sheriff Joe Arpaio, who treated Jodi Arias well, as much as I hate to admit it.

Donavan was in court every single day, she did interviews, she answered E-mails, she advocated for and supported Jodi Arias. How did Arias treat her? Not too well. And amazingly, like quite a few supporters who were treated badly by Arias, Donavan is still out their pulling for her.

What happened with Donavan? She was smart enough to listen to a lot of Jodi’s supporters who felt her tweeting in between trials might endanger her chances. Donavan stopped doing the proxy tweeting for Jodi Arias. Jodi found someone else to register her tweets, and she took it out on Donavan, refusing to speak to her. Sound familiar?

Jodi Arias Supporter Donavan Bering
Jodi Arias Supporter Donavan Bering

These are just the ones we know of, as Jodi Arias was on trial for her life, people who were supporting her would want to keep quiet about problems like this. Of course, it’s remarkable that in the midst of a death penalty trial, Jodi Arias becomes intensely involved in everything that is going on in her supporter groups and in the social media at large. This is the fault of her super-supporters or “fans”, who got her all involved in the crazy internet goings on when they should have been taking Jodi’s mind off of all these things.

The sheer idiocy of these people has no limits.

The end result was it ended up dividing the supporters as Jodi chastised and humiliated some popular supporters, who had a big following, in favor of other supporters.  (See the Jodiland Wars). This in turn alienated a lot of supporters, including myself, because Jodi Arias attacked the unselfish and kind people who we knew were doing the most for her. 

And in the midst of all of this, Jodi Arias called for unity.

Jodi Arias was undeniably acting the way the Prosecution portrayed her, not the way the defense portrayed her, in my opinion. The same defense attorney who portrayed her that way is also the one who said that 9 days out of 10, he doesn’t like Jodi Arias and did not communicate with her at all for months and months.

After being accused by the prosecution of deceptively taping Travis without his knowledge and using the  phone sex recording for her own gain, and denying this, Jodi Arias went on to duplicate this exact same behavior by deceptively recording a supporter named Elizabeth Schilling, over the phone via a “third party” and then using the recording to try and discredit her. What Jodi Arias did to Elizabeth Schilling, a recent college graduate and well meaning and ardent supporter, was despicable.

9. Jodi Arias broke the rules of video visitation procedures and encouraged others, including minors, to follow suit.

Who was backing up Jodi Arias in ALL of this destructive behavior? Simon Johansson (“SJ”), His website JodiAriasIsInnocent  dot com, and his core handful of  baboons.

10. Jodi Arias treated her mother badly during the course of the trial.

11. Jodi arias lied under oath in her trial.

12. Consider that IF she in fact premeditated the murder of Travis Alexander, that means that during the trial, she told a veritable circus tent full of lies.

13. Jodi Arias has engaged in an almost adolescent “love affair” with a Supporter named Ben Ernst and has gone off the deep end with him, duplicating her capacity to get involved with obsessive relationships characterized by a childish over dependence on the other person.

Benjamin Ernst Arias' current boyfriend - The importance of being Ernst
Benjamin Ernst Arias’ current boyfriend – The importance of being Ernst –

Jodi Arias was 34 years old at the time of the writing of this letter:

Must run xxoo <3 JUDITH A.ITH ARIASITH
End of love letter from Jodi Arias to Ben Ernst, replete with special codes and inside jokes.

“(O.k., I’m in court now so I must cut these silly musings short. Ben, I love you so, so much. I’m a lucky lady. You mean more than the world to me.)”

Must run xxoo ❤ JUDITH A.ITH ARIASITH

P.S. Don’t forget your GRATITUDE! 🙂

4. At her sentencing, after hearing the prosecutor talk about how the family members found what little solace they could in the fact that Travis Alexander was most likely unconscious when his throat was cut, Jodi Arias told the court that no, contrary to what she said on the stand, she now remembers that Travis Alexander was conscious and was still attacking her when she sliced the knife into his throat and slashed his throat open.

In doing this, she completely contradicted the testimony of her Expert Psychologist, who thought it was possible that no memories of the traumatic event had been formed (if she really remembered nothing of the killing). There is no way possible to put Arias’ words to the judge and her actions at sentencing in a light favorable to the defendant, that I can see.

This is a person who seemingly begged for the Death Penalty by refusing to testify unless impossible conditions were met, not bringing in any character witnesses to speak in her favor, and refusing to allocute. She even states at sentencing that she wanted to allocute and “beg for the Death Penalty”, but she did not due to her family. Those words at sentencing seemed to be the words of a person who must have known that her only chance was the trial. Either that or she really just does do what suits her best at the moment with absolutely no regard for future consequences.

Now let’s go back to the beginning and bring down the defense’s portrayal of Jodi Arias and decide whether this portrayal fits her actions:

The Defense Portrayed Jodi Arias a driven and hard-working woman, who got into a toxic relationship. The salesman she fell in love with had a big ego, and he was controlling and abusive. Jodi Arias was a shy, withdrawn, passive bookworm type who was happy to just quietly read books and draw nice pictures. While trying to enter a professional career, she meets and falls for a charismatic leader and successful business man.

She becomes interested in the LDS religion, even becoming a Mormon herself. The relationship degenerates into sex only, as Travis Alexander cannot commit to any one woman. The more she tries to get him to commit to one woman, the more he runs away until one day, Travis Alexander reveals a terrible personal secret to Jodi Arias. Travis is tormented by sexual thoughts involving young children.

Having let that secret slip, Travis now starts to take his anger out on Jodi. He can’t end the relationship because Jodi will spill the beans. Mentally and emotionally abusive behavior on the part of Alexander towards Arias quickly turns into physical abuse as Jodi Arias tries to find ways to exit the relationship. This all culminates in tragedy when the exe’s get together one fateful day, and a simple light-hearted “photography session” turns deadly when Alexander snaps and attacks Jodi Arias. Alexander relentlessly attacks and refuses to back down. The demure and petite women uses everything she can find to stop him and defend herself when adrenaline kicks in, causing a massive overkill.

Do any of these look like professional quality photos from a woman with over 20 years experience taking photos?
Do any of these look like professional quality photos from a woman with over 20 years experience taking photos?

Travis Alexander continues to attack and refuses to back down even after he is shot in the face, stabbed deeply into the abdomen and heart, was lying down on the floor bleeding for a considerable period of time on at least two separate occasions, had his left hand deeply cut multiple times as well as the right, had received 7 additional knife wounds in the front and 14 more in the back.

Does this comport with everything we have learned about Jodi Arias both inside and outside the trial?

Let’s take a look at the prosecution’s portrayal of Jodi Arias:
The Prosecution painted Jodi Arias as a lying, manipulative, scheming stalker who targeted a rich Mormon and pursued him relentlessly. Another key element of Jodi Arias is that she will take an action that benefits her in her mind in the short term without giving any thought to long term consequences. Jodi crossed many personal boundaries and she continuously violated Travis’ privacy, read his private text messages and e-mails, and listened to his voice messages. Even when they were not officially dating, Arias was monitoring all Travis Alexander’s moves and his girlfriends and love interests.

Arias caused Travis to spend lavishly on her as they went on many personal trips together, yet sparks of anger and unhappiness kept flying. Finally Arias was told no and cut off and she flew into a rage, devising a plan to go to Mesa, Arizona fully armed and ready to tear Alexander apart for having the nerve to tell her “No”.

Keep in mind that they only knew each other about 1 year and 8 months and they dated steadily for less than 5 months. Yet she talks as if they had been together for 10 years or more. In that year and 8 months, what did Jodi Arias do to improve her own personal, professional, social, and spiritual situation in life? She did almost nothing at all.

Jodi Arias, says the prosecution, knows best what is right. She will defy anyone who tries to tell her what to do, and she’ll throw anyone under the bus at the drop of a hat. She will turn her back on and devalue anyone who “disses” her.

Does that sound like Arias’ both in and out of the courtroom? A few months ago, I would have said no. Now, I have to admit, it’s the correct judgment. She has duplicated so many of the behaviors that the prosecution suggested.

I can not overemphasize the incredible devastation that has happened among so many Jodi Arias Supporters. Almost everyone I know, either still believes in her but no longer supports her, or no longer believes in her and no longer supports her, or have simply moved on to other things due to The actions of Jodi Arias towards them. I contacted some former ardent Jodi Supporters to give them a “heads up” prior to writing this series of articles. Their reaction? Go right ahead. What changed them?

1. JAII and Simon Johansson

2. Jodi Arias’ own humliations of popular Jodi Supporters.

3.  Jodi Arias’ Statements to Judge Sherry Stephens at her sentencing.

The two sides of the story. Which do YOU believe?

From the 48 Hours interview. Jodi Arias and Samantha Alexander speak.

Now, let’s go to the crime scene and the autopsy.

The autopsy really fails to help Jodi’s case for self-defense, even if you factor in an adrenaline rush, trance, auto-pilot, trauma-induced overkill. Why? Take a look:

The autopsy mentions “blunt force trauma”, stating there are many abrasions and contusions.

The 3 sharp force injuries to the head were probably all done from behind. The one incised wound to the top of the forehead also seems to have come from behind.

Examination of the head reveals the following sharp force injuries:

1-2)    “Two (2) oblique linear full thickness incised wounds of the right and left posterior scalp, each measuring 2 inches in length”. *

*” Incised and roughly triangular cortical defects of the right and left portions of the skull calvarium, corresponding to the incised defects described above”.

crime scene back of head

crime scene back of head 3

3)    “A 1 ¼ inch oblique stab wound of the lower scalp (over the mastoid process), below the earlobe of the right ear, with an apparent blunt 1/32 inch wide end posteriorly, with penetration into scalp and superficial upper right sternocleidomastoid muscle”.

 

There’s one wound to the back of the neck:

4)    “A 1 inch oblique stab wound of the posterior left neck, with penetration of superficial posterior paraspinal neck muscles”.

We have the cluster of nine stab wounds to the back:

5 – 13)    “A cluster of nine (9) stab wound of the upper paramidline right and left sides of the back, ranging in size from ¾ to 1 1/2 inches, within a 6 x 5 ½ inch area; all wounds display blunt and sharply incised ends; all wounds penetrate soft tissue of back and impact upon ribs and lateral aspects of vertebral bone (transverse laminae and vertebral bodies), without penetration of chest cavity”.

crime scene back 2

 

14)    Here’s another wound in the same general area as the cluster of nine:
“A 1 inch oblique stab wound of the right paramidline neck base/upper back, with penetration into trapezius muscle”.

15 – 19)    There are 5 defensive wounds of the hands, one to the right hand and 4 to the left.

crime scene hands

 

 

crime scene hand 1 lt

So, out of 29 knife wounds, at least 14, or about half the wounds are coming from behind the target. It’s only logical that these wounds came after the gunshot, the deep penetrating stab wound to the heart (20), the stab wound to the sternum (21), the stab wound into the pectoral muscle (22), the 5 ¾” stab wound to the abdomen (23), the three incised wounds to the front of the neck (24 – 26), and the two shallow and parallel incised wounds to the front of the shoulder (27 – 28).

Then there is number (29)
“A gaping oblique deep incised wound across the anterior upper neck, 6 x 1 1/2″ with a lower right side (within 2 1/2 inches inferior to the right external auditory meatus (ear) and 2 inches inferior to the left external auditory meatus (Not quite ear to ear), and transection / perforation of the entire upper airway, strap muscles of neck, right jugular vein, and right carotid artery.”

crime scene back of head

 

 

All together there are 13 incised wounds & 15 stab wounds (cluster of 9 back stab wounds) + 6 other stab wounds). If you want to theorize that the cluster of nine stabs to the back were defensive in nature, then you could classify these 9 as “chopping wounds”, giving a total of 6 stab wounds. It’s only a different way of classifying the wounds, it doesn’t make them any less damaging. Also, some of the incised wounds (the wounds to the skull and hand, etc.) are devastating. The incised wound to the throat, was fatal.

The 14 wounds to the back most likely came after Travis turned his back in defense before and during his attempt to get down the hallway culminating with the slashed throat after he fell over and collapsed near the threshold of the carpeted bedroom.

Then there was the gun shot wound to the head and face, which could have come first or last. I think first makes the most sense, and I explain why in the next article. There are so many reasons to believe the gunshot was first. I have come up with 15 to 20 reasons why. It will be extremely difficult to prove that the prosecution purposely changed the order of injuries, although I believe this is true. The prosecution having a wrong or inaccurate theory is not cause to reverse a conviction.

shot in the shower

It’s interesting to note that Travis Alexander himself said that when he was a child, he would instinctively turn his back when his mother was trying to beat him:

“A good woman, with the intent at an early age to be a loving mom. A few poor decisions changed that. As she progressively got more involved in drugs she progressively got less capable of raising children. Most commonly was a beating for waking her up. It hurt but we got used to it. I learned how to turn so that when she hit me she would strike my back and arms, the pain was less there.”

Would Travis Alexander shower with the shower door open? Look what he said in his blog:

“We didn’t have the convenience of bathing every day so we tended to stink. I didn’t mind going with out a bath that much really. I was a boy like most and didn’t have a problem being dirty. But I was scared of bathing because if I once got the bathroom floor wet and my mother accused of me of urinating on the floor and threw me half way through a wall.”

–  Travis Alexander Being Better Blog http://travisalexander.blogspot.com/

This makes it much less likely Alexander would shower with the door open unless someone (such as Jodi Arias) intervened. This implies he knew she was there taking photos.

So, is this self-defense? The defense needs to come up with a scenario for self-defense when the “attacker” seems to be the one trying to defend himself. Now, that doesn’t look very promising for a defense team. How about the crime scene? Can they help a defense team to find self-defense was a possibility? Remember – you only have to show that self-defense was a reasonable possibility.

The crime scene:
In addition to all the wounds to the back of his body, it seems as if Travis Alexander was trying desperately to get out of the bathroom and away from his attacker. I don’t know how many self-defense cases you will have with the attacker engaged in retreat and escape from the victim? Can we theorize that Jodi Arias was being attacked, she went into an adrenaline induced overdrive and just went ballistic? After Jodi Arias had gained the upper hand, Travis would then try to get out of dodge with Jodi Arias, basically on auto-pilot, not being able to stop until Travis stopped moving?

Can a defense team convince all 12 jurors of this possibility? Hmmmmm.

Is this possible in light of the evidence? In light of some of the evidence, yes. But in light of ALL of the evidence, it’s not possible, in my opinion.

Yet, according to Jodi Arias, Travis, with 28 stab wounds, blunt force trauma, and 5 deep incised wounds to his hands, and, oh yeah, the gunshot to the face, and all the resulting blood loss, is Still coming after her when she took the knife and opened up his neck?

Most of the wounds to the front are made in the same direction and more or less horizontal, implying Travis may have been stabbed as he was lying on the floor..

crime scene back b

 

 

Travis was stationary at the time, or in a confined area. He could have been on the floor on his back when he received these wounds. I think it’s possible he was standing or sitting up, and stabbing from a further distance than the angled stab wounds in the back, which must have been at close range. I think her theory makes more sense, though.

Make a stabbing motion with your arm. See how it would most likely hit a target on an angle (  \ If you are right handed, / If you are left handed) but then flattens out to horizontal (—) as your arm gets farther and farther away from your body?

crime scene knife 2

So, we have in the front, wounds mostly made when Travis was not mobile, the cluster of 9 back wounds which seem to be made also when Travis is in one place, then chaotic stab wounds that seem to be when Travis was in motion. We have motion going down the hallway, so which wounds do you theorize came first? I think it’s possibly the motion wounds came first, but I think it’s much more likely it was the stationary wounds to the front, then the stationary cluster of 9 wounds to the back, then the chaotic, in motion wounds to the back.

 

The likely way this throat slash happened is with the victim crawling, or on their stomach and the attacker over the victim’s back. I believe Travis was on his stomach when he got the throat slash, because of a video, I was unfortunate enough to view. A man on his back on the sand had his throat slit by an ISIS fighter. Because of the victim’s neck diverting the blood flow, when the man was removed, there was a distinctive butterfly pattern. For Travis, there is no butterfly pattern. it’s more of a unobstructed blood flow, leading me to believe he was on his stomach.

butterfly pattern a

The throat wound is unusual in that it is immediately below the jaw line and follows the bones of the lower jaw (see photo above).

I was talking about this wound with a friend, The first thing he asked me was if Travis had any experience with wrestling. I said yes, he had, he was on the wrestling team all four years of high school. I asked him why?

My friend said that it makes sense that when someone was behind Travis and they drew an arm and a knife across his neck, that he would instinctively bring his jaw down to his chest, in a chin tuck, then the knife would naturally follow the line tight against bottom of the jaw. Imagine that: Even Travis’ last move was most likely defensive, as he tried to protect his throat.

wrestling 1

"Chin tuck"
“Chin tuck”

Nope, I don’t see how you can get a slashed throat like that face to face or from the front, or from someone beneath the “attacker” when the receiver of the throat slash has their chin tucked into their chest. You have my ear if you want to try to explain it, though.

skeletor

Note to JAII inner core of people –

No, it’s not speculation, it’s fact. Maybe you would care to challenge this series of articles with a little more than merely barking at the moon as usual?

de evolution

What’s YOUR opinion? Have your views evolved? Let me know, please.

Comments from all viewpoints are welcome. 

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The Tables Have Turned (Part 2- The Gas Cans)

In the first “Tables Have Turned” article, we looked at six out of seven of the most salient pieces of circumstantial evidence of a long premeditation of murder by Jodi Arias. Keep in mind that even if none of these 7 could be proved, it’s still possible to prove a short premeditation. To do that, we need to show that Jodi Arias was not under duress, she thought about it, had sufficient time to reflect upon her act (even if it was only a minute or less) then she went ahead and killed Travis Alexander. A significant amount of ‘cool reflection’ is all that is needed for premeditation.

This last major piece of circumstantial evidence is the biggest and it ties everything together.

7) The use of three gas cans in the trunk of the rental car, enabling Arias to cruise through Arizona without having to stop for anything and leave a trace.

Many Jodi Supporters as well as Jodi herself try to ignore or minimize or attempt to explain away this evidence, but they are not being honest with themselves. All the other circumstantial evidence can be explained away quite easily compared to this. The gas can evidence is a very serious problem for Arias defenders and any defense team that takes this case on will find the gas can evidence as difficult to surmount as Mount Everest.

gas cans question

When you tie in all the other circumstantial evidence with the gas cans, the defense has a major problem. Jodi Arias claims she borrowed two, 5 gallon gas cans, form her ex- boyfriend, Darryl Brewer. For some reason, Arias buys a third gas can at a Walmart in Salinas, CA. Darryl was in Monterey, CA and after meeting with him, Arias drives directly about 20 miles to Salinas where she buys the third gas can. Yet, Arias and her Supporters claim she immediately turned around, went back into the store, and returned the gas can.

>>>>>>>>>Question: Why does Arias even buy the 3rd gas can in the first place? This is a question Jodi Arias Supporters do not want you to ask, because there is no reasonable, innocent answer. They also want to pretend that a prosecutor in a possible future new trial will not ask the jury that question.<<<<<<<<<<<

mt everest 2

Jodi Arias needed to stop for gas by the time she got to Monterey / Salinas. Remember that she drove her 2004 Infiniti G35 to Redding where her brother Karl and his wife lived to pick up the rental car at the Redding Airport. She drove the white Ford Focus rental car to her brother’s place for a rest. Then she got on the road heading to Santa Cruz near where her ex-boyfriend, Matt McCartney, lived. Redding, CA to Monterey, CA is 318 miles and Redding, CA to Salinas, CA is 338 miles. Somewhere in there, probably after visiting Darryl in Monterey, Jodi Arias needed to gas up.

If she was reasonably smart, she could look up the miles from Pasadena through Mesa to Las Vegas on MapQuest, and this is the amount of miles she needs to travel while maintaining her alibi of going directly to Utah. She could have checked her mileage since leaving the Redding Airport rental agency with a full tank, checked her miles, added gas until the gas pump clicked off, then divided the miles by the gallons she just put in the tank to get her actual MPG (Miles Per Gallon).

Jodi Arias even testified that the Ford Focus was not getting the mileage she expected, compared to her Infiniti. But that’s not right, a 2004 Infiniti G35 has a gas tank capacity of 20 gallons, but gets closer to 20 mpg (20 g x 20 mpg = about 400 miles) . The Ford Focus has a gas tank capacity of 13.5 gallons, and gets better than 30 mpg (13.5 g x 30 mpg = about 405 miles. So, they are fairly even in range which goes to show Jodi was well aware of what her gas mileage was. She expected the Ford Focus to go further on a tank of gas than her Infiniti. She knew how far she could go comfortably on so many gallons of gas. Jodi probably did not expect the smaller gas tank.

She needs to fill up every 300 to 350 miles. Again, it’s about 338 miles from Redding to Santa Cruz. She needs to fill up once before she goes on to Pasadena. This has to be where Jodi Arias checked her miles per gallon and realized it was going to be awful close, even with 2 gas cans. She had better get a third can.

It’s a major coincidence that Jodi Arias is needing to fill up right around the time she makes the decision to buy the 3rd gas can. Was Jodi Arias thinking about such things as her mileage and range in her Ford Focus Rental?

The rental car was a 2008 or 2009 Ford Focus with a gas tank capacity of 13.5 gallons. How do we know that it was a 2008 or 2009? The car was brand new and only had about 1,500 miles on it. A low estimate of 30 mpg for the Focus yields a range per tank of gas at 13.5 g x 30 mpg = 405 miles of range. If you estimate that 4.5 gallons goes comfortably in a 5 gallon can, then you have another 4.5 g + 4.5  g = 9 x 30 mpg = 270 miles (or 300 miles if you assume each gas can had closer to a full 5 gallons of gas in it). Add that to the 405 miles of range from the gas tank for a total of 675 to 705 miles of range that Jodi Arias has with the 2 cans she borrowed from Darryl. With the 2 cans she has an extra 270 miles or an extra 4 hours of driving time at 60 mph. wouldn’t that be enough range to find a gas station in that area of the U.S. under almost any circumstance?

fill up gas

2 cans = 270 to 300 miles of Extra range.
2 cans + the tank = 675 to 705 miles of Total range.

Now, let’s take the prosecution’s theory that the gas cans were for the purpose of getting Arias in and out of Arizona without stopping anywhere. This is the path that Arias took to Mesa, AZ and on to West Jordan, Utah.

map jodi new 1

Since Arias’ staging area seemed to be Pasadena, CA, and since Interstate 15 begins near Pasadena and goes to Las Vegas, we can see that there is a high probability, assuming malfeasance, that Arias wanted to leave a trail suggesting she went from Pasadena directly to Las Vegas, and then from there to West Jordan, Utah. So it is very reasonable to assume that she wanted her trip to appear to look like this:

map jodi new 2

Jodi Arias claimed she wanted the gas cans for two reasons 1) She was worried about running out of gas and getting stuck in the desert and dying of exposure or being vulnerable to anyone who came by.  2) She planned on filling up in Utah or Nevada on the way home, where gas prices were cheaper than in her home state of California, to save money on the way home. Notice how this only works on the way home. If you fill up the cans in California to drive in Nevada and Utah, you are not saving money, you’re losing money. If you fill up the cans in Nevada and Utah only to do more driving in Nevada and Utah, you save nothing.

Here’s the part of the trip, assuming malfeasance, that’s Jodi Arias is not supposed to be on:

Note the gas stops Jodi Arias mentions at Desert Center, CA and Buckeye, AZ, also Jodi and Travis' former meeting place at Ehrenberg, AZ on the border.
Note the gas stops Jodi Arias mentions at Desert Center, CA and Buckeye, AZ. Also Jodi and Travis’ former rendezvous meeting place at Ehrenberg, AZ on the border between the two states. Also you can see Palm Desert, where Jodi lived with Darryl.

This area where Jodi Arias is not supposed to be has a distance of approximately 700 miles. Her range with the 2 gas cans is 675 to 705 miles. She can just about achieve her alleged goals with 2 gas cans. Jodi Arias really didn’t need the 3rd gas can. She especially didn’t need the 3rd gas can if she filled up at Desert Center. (Some people theorized that she wanted the extra can to take Alexander’s body out into the desert and burn it). Be that as it may, this is too close for comfort. If her calculations are off, Jodi Arias will run out of gas before getting out of Arizona.

Range with the tank and 2 cans = 675 to 705 miles
Distance to cover = 701 miles

It’s too close for comfort with 2 cans. Is this why Jodi Arias stopped at Salinas, only 20 miles after leaving Darryl’s house, and bought the 3rd gas can?

This is most likely her plan, from the prosecution’s perspective, to make it appear as if she went direct from Pasadena to West Jordan, near Salt Lake City, Utah via Las Vegas, Nevada. If so, this is all interstate highway driving and there’s little chance of getting stuck without gas. The only part of her drive that could involve desert driving may be in Utah or Nevada on her way home. Jodi Arias can still say she had other plans involving some desert driving after Pasadena until she decided at the last moment to go visit Alexander. In, fact, she did just that, claiming she intended a trip to Death Valley, CA. Then what she did after the killing, getting OUT of Arizona undetected, can be attributed to fear and shame from being forced to kill Travis Alexander.

But for a trip to Death Valley, is needing the cans reasonable? She didn’t tell Darryl that was her plan and she really just casually mentions it at trial. Here is a question and answer about Death Valley from 2007:

Frisco Roadrunner
San Francisco

Destination Expert
for Death Valley Junction, Death Valley National Park
posts: 11,558
reviews: 42

1. Re: Gas stations around Death Valley
Jul 23, 2007, 3:18 PM
“There are stations all along Hwy 395. Lone Pine is the last substantial town before the park. Panamint Springs resort in the western part of the park, about 50 mi/80 km farther past Lone Pine, has gas. But it is incredibly expensive; I’ve seen it up to $.50-.75 more per gallon than other stations in the area.
Stove Pipe Wells and Furnace Creek, the main resorts in the park, have gas. Stove Pipe Wells typically has lower prices. It’s another 25 mi/45 km or so to Furnace Creek.

If you want to go to Scotty’s Castle, there is no gas there now but you can make a round trip from either SPW or FC without filling up.
There are several routes to Las Vegas from Furnace Creek. Depending on the one you take, you’ll find stations in the towns of Beatty, Amargosa Valley, and Pahrump NV and in Shoshone CA.

Death Valley, CA
Death Valley, CA

On the stand Jodi Arias claims she went from Pasadena, CA to Mesa, AZ, but she stopped for gas at Desert Center, CA and at Buckeye, AZ.

Problem: It’s only 174 miles from Pasadena to Desert Center or 5.8 gallons of gas. Jodi Arias claims to also stop at Buckeye Arizona which is only 170 miles from Desert Center or 5.7 gallons. If she made a mistake, and only stopped at Buckeye, AZ, this is 344 miles or about 11.5 gallons, a little too far to go according to Jodi’s habit of not letting the gas gauge get in the red.”

Jodi Arias didn’t stop at Desert Center, CA or Buckeye, CA this time, though she was familiar with those two stops from previous trips to Arizona.

What is Jodi Arias doing? What she always does:

1) She gives explicit detail when there’s a problem with a part of her story.

2) For the rest, she leaves it as open as possible, so she has some wiggle room later.

3) She throws bright, shiny distractions out there and interesting diversions.

4) She tries to muddy the waters.

Jodi Arias gives some really unbelievable testimony about stopping for gas twice between Pasadena, CA and Mesa, Arizona.

fuel gauge showing and empty tank
fuel gauge showing an empty tank

Why did Jodi Arias throw in those extra gas stations during her testimony? She knows it’s too far to get to Mesa, Arizona from Pasadena, CA on a single tank of gas (400 miles or 13.3 gallons). She probably emptied two cans of gas into her tank before getting to Mesa. She knows she dumped two cans of gas in her tank, so she mistakenly adds two gas stops to compensate. But 2 cans, or 10 gallons, would be one gas stop. These two stops are too close together and really make no sense. In short, Jodi Arias lied on the stand, again.

Trial day 24, Jodi Arias testifies about the gas cans.

Other Jodi Supporters will put a lot of emphasis on the amount of gas Jodi Arias put into the cans and the tank prior to going to Mesa, Arizona. What does that prove? Arias filled her tank and filled all three gas cans in the trunk in Pasadena prior to heading off to Mesa, Arizona. Arias did not stop for gas in the State of Arizona or after passing Interstate 15 near Pasadena. Arias filled up her tank from the cans somewhere in Arizona. She testified to this. Three gas cans gives Arias (13.5 gallons x 30mpg) + ((4.5g +4.5g + 4.5g) * 30 mpg) = 405 + 405 = 810 or 405 + ((5g+5g+5g) * 30 mpg) for up to 855 miles of range.

There is no practical reason whatever to need an extra 405 to 450 miles of range for this trip. Two cans give an extra 270 miles or 4.5 hours of extra driving time at 60 mph.
Three cans give her an extra 405 miles of range or an extra 6.7 hours of driving time at 60 mph.

The defense could then say that Jodi Arias is a woman who is not really into cars and maps and math and she’s not really a physics or math expert. She is deathly afraid of getting stuck in the desert sun where she will bake with no AC. So, she overcompensates by getting 3 gas cans. She’s going into Nevada and Utah and she wants to be prepared.

fill up cans

So far, so good, but now we have another problem. Jodi Arias claims she bought the 3rd gas can, but then she turns around and returns it before leaving the store parking lot. Some Jodi Supporters say she definitely returned the gas can, and Walmart just cannot locate the records. But, Jodi Arias had the original receipt for the purchase of the third gas can, which was blue (kerosene) instead of red (gasoline). A Walmart employee found the copy of that original receipt.

Jodi Arias’ original receipt has no markings or signature on it, as would be expected if one item on the receipt is returned. Jodi Arias had no extra receipt, with just the new can return on it, which is also Walmart standard operating procedure. Walmart could not find a copy of this return, or any records of any gas can returned at all in that store, until 2 weeks later.

Also on that receipt was a twin pack of suntan lotion.

Wal Mart receipt

WalmartReceipt1

lotion jodi

Some Jodi Supporters will now start talking about Amanda Webb and how she was mistaken or lying or her search for the records was incomplete. Records were moved because that Walmart later became a Walmart Auto supply and repair store only, while a new Walmart store opened up down the road, taking the old store’s number.

The old Wal Mart in Salinas, CA (left) and the new store in Salinas (right).
The old Walmart in Salinas, CA (lower left) and the new store in Salinas (upper right).

Now they are both Superstores.

This is true but not really relevant. All this speculation that the Walmart employee was incompetent in locating the records is just a load of nonsense. The record of Jodi Arias’ original purchase WAS found. A record of a gas can return 2 weeks after June 3rd WAS found, indicating that there was no “mix up” with records. The idea that some of the records for some of the cash registers are in one location while other records from other cash registers that were moved to the new store are in a different location is just absurd. The records for THAT DAY, June 3, 2008, when there was only ONE store, are all in the same place. The record for that gas can return will never be found by anyone – because it does not exist.

So there is zero evidence (other than Jodi Arias’ word), that the can was returned, and all available evidence indicates that Arias did not return the can (No marked original receipt, no new receipt showing the return, and no record of the return found by Walmart). But then on top of that, we have this:

In West Jordan, Utah, Arias buys:

Tesoro, 1699 W North Temple, SCL, Utah 84116,

June 6th

10.672 gallons of gas (3:57 AM Mastercard 3.859 per gallon $41.18)
5.091 gallons of gas (4:01 AM Mastercard $19.65)
9.583 gallons of gas (4:05 AM At Register  $36.98)
_______________________________________________________

 = 25. 36 gallons of gas Total (Total price = $97.81)

13.5 gallons = Capacity of Ford Focus gas tank
4.5 to 5.0 gallons = Capacity of gas can #1
4.5 to 5.0 gallons = Capacity of gas can #2

22.5 to 23.5 gallons = Capacity of the tank and 2 cans

The comfortable capacity of the gas tank and 2 cans is 13.5 + 4.5 + 4.5 = 22.5 gallons. Even if you want, you can assume that 5 gallons will fit in the 5 gallon can, and you can then add it up like this 13.5 + 5 + 5 = 23.5 gallons. This capacity of the tank and 2 cans is assuming the gas tank and the cans are all completely empty.

We still have roughly 1.85 gallons that cannot fit into the tank and 2 cans. Add that to Arias’ statement on the stand that she tries to never let the gas gauge get in the danger zone, as is also the habit of many people.

Jodi Arias testified that

1) She usually doesn’t let the gas gauge get in the danger zone.
2) She ran out of gas in the night to early morning of June 5th, 2008

3) She almost ran out of gas in Nevada.

If she never lets it get below 3/4 ’s of a tank, then she will usually be putting 3/4 * (13.5) = 10.125 gallons plus or minus a gallon in the car. If that’s true, this would mean that she would normally buy 10.125 + 4.5 +4.5) = 19.125 or (10.125 + 5 + 5) = 20.125 gallons of gas (if you believe she filled the cans closer to 5 gallons each instead of a more comfortable 4.5 gallons).

9 gallons to 11 gallons: Total of a normal tank filling for Jodi Arias

15.350 gallons: The smallest amount Jodi Arias had to have put in the 13.5 gallon tank.

Here, even if she filled the 2 cans to capacity, this means she put 15.350 gallons of gas into a tank that only holds 13.5 gallons dry. You are straining a reasonable person’s ability to believe this to the maximum possible extent (Another Jodi Arias trait).

Jodi Arias is about 4 to 5 gallons over her habitual filling pattern. Hmmmmm, what a coincidence.

In West Jordan, near Salt Lake City, Utah, after visiting Ryan Burns, laughing and joking, and even falling asleep in his arms, she buys 25.346 gallons, which is more than 5 gallons over what she can comfortably fit into the tank and two cans.

Ryan Burns, Jodi Arias' new love interest
Ryan Burns, Jodi Arias’ new love interest in June 2008

Now remember what her actual purchase was: 10.672 gallons + 5.091 gallons + 9.583 gallons = 25.346 gallons

She’s about 1/2 a gallon over my rough estimate of 10.125 gallons, if the 10.672 gallons were put in the tank, and about 1/2 gallons below my rough estimate if the 9.583 gallons were put in the tank.

Some Jodi Supporters are suggesting that Arias fit an extra 1 or 2 gallons into the 13.5 gallon capacity tank, which would mean she let it run completely out of gas. Alternatively, they want to tell you that Jodi Arias paid for someone else’s gas or that the store clerk charged some other item off as gas, etc.

If she paid for someone elses’ gas, etc., why didn’t she say so in 18 days of testimony?

The gas pump was calibrated badly? No, i don’t think that’s an explanation that will work.

1) So, there are no markings/ initials on the original Walmart receipt,which is Walmart “standard operating procedure”.

2) There is no additional receipt for the returned fuel can

3) Arias expects the jury to believe that she paid for the can by card but received cash back, that’s not Walmart “standard operating procedure”.

4) A Walmart employee did a search and she found the original purchase receipt, but no record of a return for that can or any other fuel can at that store until 2 weeks later.

5) This means that she WAS looking at the right records, George Barwood.

6) It is impossible, by common sense, by math and by the laws of physics, for Jodi Arias to have fit 25.346 gallons of gas into a tank and two cans which can hold 23.5 gallons.

7) Even if the impossible were possible, Jodi Arias testified that she doesn’t let the gas gauge get in the red AND she testified that she ran out of gas the night before. The odds she would let that happen twice in two days is exceedingly, crushingly, staggeringly high.

Now, in order for Jodi Arias not to be guilty of premeditated 1st degree murder, besides EVERYTHING ELSE we have discussed, you must also believe that Jodi Arias returned that 3rd gas can despite all 7 items above. The odds of that are simply Trillions to one.

impossible odds

Well, a Walmart employee wanted the gas can for himself or herself, so they gave Jodi Arias cash and took the can for their own?

maxwell smart

No. Because employees get a discount and they could not walk out of the store with a gas can and no receipt for it. Nice try, though.

Okay, so having 2 or even 3 gas cans shows a plan to do SOMETHING, but does not prove premeditated murder, you say?

Maybe not, but we look at each item in isolation. We can come up with reasonable and alternative explanations for each item. We may even be able to surmount Mt. Everest which is the 3 gas cans and show how that was really something else entirely, even if Jodi Arias never claimed it was, in 18 days of testimony. What you cannot get away from is what happens when you add everything together in totality. Two things immediately happen:

1) You cannot make excuses or reasonable alternative explanations for all these really crushing pieces of circumstantial evidence that a reasonable jury of 12 will reasonably believe, without wallowing out into the land of absurdity.

2) Each one of these pieces of circumstantial evidence reinforces the other and they are entwined together and they fit together in a way that just cannot happen and would not happen in isolation, or by happenstance, or by chance.

As if this were not enough, it’s a proven and indisputable fact that Jodi Arias lied about a good number of things on the stand. There are maybe 10 things Jodi Arias stated that are beyond a doubt not true. There are so many more things we cannot prove, so if she lied about these things for sure, what else did she lie about? Her testimony is useless, and would be useless in any future trial, because she made the fatal mistake of lying on the stand. This is something she absolutely could not afford to do, because of all her lies in the past.

Who, me? Jodi Arias talks about the gun theft as if she heard about it 3rd or 4th hand. According to Jodi, the fight was over the same day it started and She and Travis engaged in phone sex after the big fight. Not likely.

What if there were 3 cans in West Jordan (Salt Lake City), Utah?

10.672 gallons fills up the Ford Focus gas tank,
5.091 gallons fills one gas can, and
9.583 gallons (about 4.8 gallons in each can) is put into the remaining 2 cans.

Or (less probably, in my opinion):

9.583 gallons fills up the Ford Focus gas tank,
5.091 gallons fills one gas can, and
10.672 gallons (about 5.33 gallons in each can) is put into the remaining 2 cans.

Let’s compare that to what Jodi put in the car in Pasadena:

June 3rd 20:46

Pasadena

8.301 gallons of gas (8:42 PM Cash 4.169 per gallon $34.61)
9.590 gallons of gas (8:46 PM Mastercard $39.98)
2.770 gallons of gas (8:53 PM Cash $11.55)
Total = 20.661 gallons. Total = $86.14

Some people claim that Jodi Arias returned the can in Salinas and she had only two cans in Pasadena. She put 8.301 gallons in her car, then filled the two 5 gallon cans, then she topped off her tank with the 2.77 gallons.

If you have 2 gas cans in your garage, like Darryl had, what are the chances they will both be empty? Kind of low, no? It seems that Jodi Arias actually filled the partially full gas can she got from Darryl with the 2.77 gallons.

The distance from Pasadena, California to Mesa, Arizona to Mesquite , Nevada, where Arias filled up next, is 781 miles. In Mesquite, Arias makes a purchase sufficient to buy about 11 gallons of gas.

781 miles = distance from Pasadena to Mesa to Mesquite
675 to 705 miles = Range with the tank and 2 cans
810 to 855 miles = range with the tank and 3 cans

So, Arias cannot make it to Mesquite, Nevada from Pasadena California on a tank and 2 cans of gas. On top of that, Arias testified that she became lost in the desert between Arizona and Nevada, so the distance is even farther (IF she was telling the truth).

Pamela Smart (then)
Pamela Smart (then)
Pamela Smart (now) Would you believe.....??
Pamela Smart (now) Would you believe…..??

You can do any amount of double checking through estimates and nothing adds up to a tank and 2 cans. This is so, no matter how far you are willing to stretch it.

In Mesquite, Nevada, Jodi Arias made a purchase sufficient to buy 11 gallons of gas. This means she used roughly 24.5 to 26 gallons of gas to get there from Pasadena, if she used 3 gas cans, which is a distance of 781 miles.

24.5 gallons x 30 mpg = 735 miles
26.0 gallons x 30 mpg = 780 miles

That would give Arias a range of 735 to 780 miles which fits very well with the distance from Pasadena to Mesquite, NV. Remember that the estimate of 30 mpg is low, especially if you are driving all highway miles. Seems like maybe Jodi Arias didn’t get lost, either. 🙂

In Pasadena, Jodi Arias bought 8.301 gallons to top off the tank + 9.59 gallons in two cans ( look how close that is to the 9.583 gallons she bought in West Jordan) + 2.77 gallons in the third can.
It appears as if Jodi Arias usually fills the car tank first, then fills the gas cans. Why does she say she doesn’t know in what order she filled the gas? She’s muddying the waters.

The tank and two cans would hold 22.5 to 23.5 gallons of gas.

Remember that in Pasadena, Jodi Arias bought 20.661 gallons, meaning if she only had the two cans as supporters want to claim, she bought just 1.84 gallons less than what would be needed if the tank and 2 gas cans were all completely empty, which Jodi Arias testified that she usually does not let happen.

gas cans tables med sm

Anyway you want to do the math, it does not work out comfortably with 2 cans and in most cases, it doesn’t work at all.

Inescapable Conclusion: Jodi Arias had 3 gas cans in Pasadena, CA and in West Jordan, UT. She did not return the can to the Walmart in Salinas or anywhere else. Jodi Arias lied on the stand about returning the 3rd gas can. Why would she do that?

Here’s the reason: Why on earth would Jodi Arias buy that 3rd gas can in Salinas, CA in the first place? There is no Innocent reason, justifiable reason or even a mistaken reason for doing so. Whether she did or didn’t return the 3rd gas can, there still is no reason for her filling those gas cans in Pasadena if Pasadena to Las Vegas, via Interstate 15, was her intended route.

Going instead to Mesa, Arizona still gives no reason for filling those cans as that route, also, is all interstate driving. Jodi Arias called Darryl Brewer a number of times about those gas cans. She wanted to be sure she had those cans before she left on her trip, so there must have been a very important reason for needing those gas cans. At no time did she tell Darryl Brewer she was going to Death Valley. At trial, she only states casually she may have gone to Death Valley, but AFTER going to West Jordan.

You can say that Jodi Arias planned on doing something artistic, etc. in the desert before she changed her mind to go to Mesa, yet she never mentioned anything about that, in 18 days on the stand, except for a casual mention of Death Valley.

Jodi Arias lied on the stand about the gas can because that 3rd gas can is such damning evidence, while in her mind, 2 cans could be explained away. Now, we have to wonder what else did she lie about on the stand? Because of Jodi Arias’ previous lies:

– directly after the killing,

– during the investigation,

– in the interrogations,

– in her Manifesto

– to her Attorneys

– in her letter to the Alexander family and

– in her TV interviews,

it was critically important that she did not lie even once on the stand.

Jodi Arias should have told the truth about the gas cans, as since she had 2 cans already, she may as well have 3 cans, but she decided it was a problem for her, and it is, but it was much more of a problem for her to lie about returning the 3rd can and to get caught doing it.

If there is a new trial, Jodi Arias must come clean about the gas cans and admit that she did not return that can. Much has been made of the idea that filling the cans at West Jordan proves that Jodi Arias had an innocent reason for having those gas cans. But actually, if she had a malicious reason for having those gas cans, she would be certain to fill them up again as this would help cover her story and reason for needing those cans.

gas cans

On top of that, we know Jodi Arias did fill those gas cans in West Jordan, Utah. This means that they were empty and she did use them. Well, you could say she was forced to kill Travis when he attacked her relentlessly in the bathroom, so that’s why she used the gas in the cans. But, then again, you have to ask what is the reason for needing an extra range of 405 miles and an extra 6 ¾ hours driving time, when with 18 days on the stand, we heard all about pop rocks and tootsie pops, but we never heard the big plan needing the gas cans.? That’s because the big plan was murder.

All the other circumstantial evidence that is difficult to explain, is still explainable within reason, but the gas cans tips the scales and makes the pendulum swing in the other direction. Now, with all the other evidence and the gas cans, the combination of all this becomes exponentially more difficult to explain away within reason. It just overwhelms a person who is trying to remain fair, objective, and reasonable. It propels a person into the twilight zone, where magical or other-worldly influence will be needed for a sane person to buy this story.

You must believe that you can walk on water in order to believe Jodi Arias’ story. That’s the truth that Jodi’s “fans” refuse to look at or see. There is no way around it.

Remember: This is a Jodi Arias supporter saying this.

So let’s double-check the method. In Pasadena, If Jodi Arias had 3 cans with 4.5 gallons in each can, she would have 27 gallons of gas or 810 miles of range. If she had 5 gallons in each can, she would have an additional 1.5 gallons or 28.5 gallons which is 855 miles of range. An average of the two would be 27.75 gallons and 832.5 miles of range. By coincidence, and purely by happenstance, the distance between Pasadena and the first recorded place after that, where Jodi Arias stopped for gas, is 795 miles. This is way above the maximum 705 miles of range that Jodi Arias would have with 2 cans of gas in the trunk, although it may have been enough to get to Las Vegas (713 miles).

Well, she bought gas before that and paid cash, so there’s no record? Sorry, but the math for that idea just doesn’t work.

No way did she have only 2 cans in that trunk. It’s impossible.

I challenge and dare anyone to debate the gas cans.

Still not convinced, Jodi Supporter? Now one of Jodi’s plans for the gas cans, we never really heard about, but the other one, we did. Jodi Arias will fill the cans and her tank with cheap Nevada gas to use in California, thus saving money.

Problem: Here’s the map from Reno, Nevada to Yreka, CA.

map jodi new z

It’s only 255 miles back to Yreka. You could make that 355 miles, because Jodi Arias went back to Yreka first, then she drove the 100 miles back to the Redding Airport. So, that’s about a tank of gas or about 3 gas cans worth of gas. So, Jodi could use the tank of gas to save money bringing the rental car back, but she still has to fill the tank with California priced gas when she returns the car.

For a tank of gas, here’s how much Jodi would save with her plan:

GAS    $3.86 per gallon x 11 gallons = $42.46

Gas     $4.17 per gallon x 11 gallons = $45.87

Total savings = $3.41

Even if she fills the tank and the 3 cans and figures out a way to use it all in California, this would still be 13.5 gallons + (3 x 5 gallons) = 13.5 g + 15 g = 28.5 gallons.

Gas    $3.86 per gallon x 28.5 gallons = $110.01

Gas     $4.17 per gallon x 28.5 gallons =$118.85

Total savings = $8.84

😦

Look at those whopper savings? Who is she trying to kid?

Now, let’s predict how much gas Jodi Arias will need when she gets to West Jordan from Mesquite, Nevada. We know she drove to the PPL meeting and lunch and back to Ryan Burn’s home, so we can make an estimate on that.

The distance from Mesquite, NV to West Jordan, Utah is 331 miles. Jodi arias may have driven an additional 30 miles, so let’s guestimate 361 miles.

That’s about 12 gallons of gas at 30 miles per gallon.

Jodi Arias purchased 10.672 gallons in West Jordan, which is enough to drive 320.16 miles. That’s pretty close considering that 30 mpg is a low estimate and this was all highway miles (Interstate 15).

331 miles = Distance from Mesquite, NV to West Jordan, UT
361 miles = guestimate of Joidi Arias’ gas usage prior to Tesoro fill up.
320.16 miles = range calculated using the gas Jodi put in the main tank at Tesoro x 30 mpg. This would be equal to the amount of gas she used between Mesquite and West Jordan.

That’s awful close, so the math appears to be sound.

So, we are stuck with the 3 gas cans. Jodi Arias bought them and filled them so as not to leave a trail in Arizona, and she used them. And she lied about the number of cans. There is no innocent or alternative explanation for the gas can evidence.

>>>>>If there were such an explanation or argument, trust me, I would be making it.<<<<<<

Anyone making an innocent or reasonable argument for the gas cans is either
– badly mistaken,
– not giving you all the facts
– or deliberately lying.

Then why does Jennifer Willmott say this should have been a 2nd degree murder case? My guess is because she only handled certain parts of the case and she never had the time or the inclination to sit down with all these facts, calculate them out and process them in her mind in totality.

jennifer willmott

Plus, she’s the defense attorney, what did you expect her to say?

Slick words from Jodi Arias or her Supporters can never make this evidence go away.

Now, with the gas cans, which by the way, conclusively proves premeditation in and of itself, all the other evidence follows this right over the cliff.

1) The rental car – Still, no proof of anything, in my opinion.

2) The License Plates – The odds of having both your license plated messed with, yet not stolen? Long, long, long. No one is going to take your license plate off in the front and turn the back one upside-down. They will either steal the plate or toss them away

cali plate

So, half way through California, she turns her license upside-down? Isn’t that too risky? Why does Jodi Arias give that answer? Because she knows she didn’t stop anywhere after that, all the way to Mesa. Why did this happen after going into Starbuck’s in Pasadena for a few minutes? It has to be after she filled the tank, or else she probably would have noticed the rear license plate. Jodi Arias is basically admitting she did not buy gas after Pasadena.

All the times she went into the trunk and she never noticed the license plate was upside-down? Come on!

ford focus 2009

3) Hair colored dark brown on the 3rd – Inconclusive as to premeditation. She could have been just trying to improve her appearance for Travis and/or Ryan Burns. But, do note that Jodi Arias denied dying her hair under direct examination. She got caught in this lie, due to the selfies she took in the rental car.

Jodi Arias forgets all about getting her hair colored, until her memory is jarred by the selfies she took in the Ford Focus on June 3rd, 2008.

Oh, yeah, THAT dye job. Uh……I forgot.

jodi arias selfie 2

4) The Major Argument – Just 2 days before the theft of the gun. As soon as Arias completes the work week, she’s off to Mesa and one week later Alexander is dead.

5) The phone was turned off before entering Arizona, stayed off at Alexander’s home and continued to be off until Arias is almost out of Arizona – Not reasonably explainable in light of other evidence.

6) The stolen .25 caliber gun – To ignore that the stolen gun was used in the killing, you have to believe Travis also had a .25 caliber gun,

conveniently located right near the bathroom, AND it was loaded and cocked. You have to believe it was sitting there with no extra ammo or accessories of any kind (accept for the holster and/or the box that Arias said was there but wasn’t there). You have to believe that Jodi Arias climbed up on the shelves in the closet in a fight for her life and got hold of the gun without disturbing anything in the closet.

travis closet

Don't try to tell me Jodi Arias ever went back into this closet after the killing. Look at the bench. Do you really think that would have not been disturbed in a life and death struggle?

Don’t try to tell me Jodi Arias ever went back into this closet after the killing. White carpet and not a mark? Look at the bench. Do you really think that would have not been disturbed in a life and death struggle and a chase through the closet?

Are you Kidding Me????
Are you Kidding Me????

You have to believe that Travis Alexander, naked and wet, ran and chased her around his closet and master bathroom, and that Jodi Arias aimed at and hit a moving target under extreme duress having hardly ever operated a gun before. You have to believe that Jodi took Travis’ gun out of the house even though there was no need for her to take it, if it was his, and even though it seems she took nothing else of Travis’ that she didn’t absolutely have to take, out of the house.

Additionally, Jodi Arias also had to state that her shooting Travis was an accident and the gun just “went off”. If, as she testified, Jodi Arias was thrown down on the tile floor, then chased after by Travis, she had every right to fire that gun. Why didn’t she just say I shot him to stop him after he attacked meand he was still coming at me? She refuses to say it was anything other than an accidental firing. So now, on top of the tiny possibility that Jodi Arias could hit a moving target in a life and death situation , and hit him above the right eyebrow, you also must now believe the gun went off by accident.

The fight, the gun, the gas, the phone and the plates = premeditation beyond a reasonable doubt when you put it all together. It’s way too much of a coincidence for all these things to happen by happenstance and independent of each other…..

….I really think Jodi Arias laughs at the people who actually buy her explanations. I think Juan Martinez might be correct about the plates. I’m not so sure she would risk turning a license plate upside-down and driving like that half way through California and all the way to Mesa (387 miles or over 5.5 hours at 60 mph). Nor do I think a teen vandal flipped her license plate.

On top of that, the hair dye evasion looks very suspicious, so I’m being real charitable in not including it in my analysis.

Jodi 2

I think she may have changed that plate inside Alexander’s garage in the dark or in the driveway in a big hurry after the killing, just as Martinez theorized. She may have changed it in Pasadena as she said, but that’s very risky, considering she does not want to be noticed on her way to Mesa. It’s also worse for her case if it happened the way Jodi Arias claims, rather than if she changed the plates at Travis’ home.

‘But even if her story is partially true and Arias did drive from Pasadena to Mesa with the flipped license plate, that’s even worse’? Why do you say that, Rob?

Remember this?

map jodi new 2

The probable route Jodi Arias wanted people to believe she took.

And the places she was not supposed to be at or leave any trace?

Note the gas stops Jodi Arias mentions at Desert Center, CA and Buckeye, AZ, also Jodi and Travis' former meeting place at Ehrenberg, AZ on the border.

Note the gas stops Jodi Arias mentions at Desert Center, CA and Buckeye, AZ, also Jodi and Travis’ former meeting place at Ehrenberg, AZ on the border.

Pasadena: Jodi Arias buys gas and fills the gas cans starting at 8:42 PM. It’s getting to be 9:00 PM. It just so happens, just by coincidence and happenstance, to be the dark of night at this point.

Watch this video carefully. If there any doubt about Jodi’s Pasadena planning?

pasadena at night

That’s why.

Pasadena was the staging ground for premeditated murder.

pasadena 3

BAM!

.

,

.

ewe

Do Ewe concur? Are Ewe Kidding me? Let me know in the comments, please.

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Spotlight On Jodi Arias – The Tables Have Turned (part 1 – Premeditation)

Fact-Based Reporting by

Rob Roman

Jodi Arias is fortunate to have a lot of really good supporters with big hearts who give her unconditional love and support.

These are some really wonderful and kind people, the silent majority of Jodi Arias supporters, who you will probably never hear about. This is because they do not want to interact with you. They stay to themselves in secret groups and quietly go about their business.

I have been proud to be a supporter of Jodi Arias, especially when she faced the Death Penalty, and I would do the same thing again. It’s good to know there are Americans and some foreigners out there who will stand up and fight when they see that a person is being bulldozed by both the media and social media on the outside, as well as the state and the prosecutor on the inside. This was an unfair trial, in my view, and the conviction will be reversed and remanded to court for a new trial some day. I feel that this case has something in common with the Darlie Lynn Routier case. This is another case where there was an unfair trial. There is more than enough evidence that there should be a new trial in that double child murder case from Rowlett, Texas.

Did Devon Routier kick for his life, or did an intruder attack Darlie Lynn Routier?
Did Devon kick for his life, or did an intruder attack Darlie Lynn Routier?

However, winning a new trial, as difficult as that is, is the easy part. Next, you have to convince 12 diverse people unanimously that the defendant is not guilty or guilty of a lesser offense. Jodi Arias would no longer face the Death Penalty, and this means no “death-qualified” jury. Death qualified juries are known to be more likely to side with the prosecution and to convict a defendant. But there will still be a spectrum of jurors sitting there and you will have to convince all twelve. Now, in the case of Darlie Routier, if there is a fingerprint in blood in the home that doesn’t match anyone in the home, then you have a giant problem with finding Darlie guilty of the murder of her child. My understanding is that the fingerprints are unable to be identified. That must be so, since this evidence had been ordered by the court to be tested / re-tested in 2009 and that’s almost 7 years ago. In other words, what is holding things back is probably that Darlie Routier cannot be excluded as a source of the prints to a reasonable degree of certainty.

Barring any conclusive evidence found that someone, anyone, either entered or left the home or was inside the home, there is little hope for Darlie Routier. There are too many problems with her story, and the common sense and the evidence that simply doesn’t match up with that story. This was a very sloppy job on the part of the Rowlett Police department, the court reporter, the prosecution, a lot of people. If there is any doubt about her guilt, Darlie Routier must be freed whether she murdered her two sons or not. If there’s a bloody finger print that absolutely belongs to no one in the home, and was an adult’s print (remember, the two boys were never fingerprinted), then absolutely, Darlie should be freed.

Darlie Lynn Routier
Darlie Lynn Routier

For Jodi Arias, there’s a different set of circumstances. Whereas Darlie Routier has more and more people saying she might be innocent, there are fewer and fewer people who think Jodi Arias is innocent or guilty of a lesser charge. Many people who believe she is innocent or guilty of a lesser charge have stopped supporting her, and many supporters continue to support her, but believe she’s guilty of 1st degree premeditated murder. Now, I will continue to support Jodi Arias in that I want her to be treated humanely and fairly, and she has every right to appeal her conviction. But, I must add my name to the growing list of supporters who believe she’s guilty of premeditated 1st degree murder.

I’m a facts person. I have to go by the facts. The facts as I have assessed them say she is guilty beyond a reasonable doubt. To be fair to myself and Jodi Arias, I have to accept these facts. For me, this really started in between the main trial and the 2nd penalty phase. Some things I thought were good points for Jodi Arias turned out to not be true and provably false. Some of my arguments that I thought were rock solid fell apart when I learned a little more. I debated with people, talked to people. People reasoned with me, and I gave my counterpoints. The turning point was the gas cans, when someone commented on this blog and we went back and forth about the gas cans. I will show you what I discovered in a series of upcoming articles, as I debated with people on all sides.

I looked up the Ford Focus, the size of the gas tank, and the gas mileage. I sat down with a calculator and some Google maps and all the distances between cities and towns. I checked it once, twice, three times. People on the other side were correct about the gas cans (Brad Justda / Justda Truth. Mike LeBlanc, Cate Ellington, a lot of people). Since this was a Death Penalty case, I decided to back Jodi Arias 100% until the end of the second penalty phase. Now it’s time to emerge out of the closet.

I hope I can still keep the friendships I have made with supporters and non-supporters alike. Of course, I don’t like a person based on whether they support Arias or not. I either like you or I don’t because of who you are, not what you believe. So if I didn’t like you before, non-supporter (or supporter), chances are I’m not going to like you now. If you like me better now, that’s fine. I’m still in Jodi’s corner as far as the dignity and rights she should be entitled to. I believe that Jodi Arias is severely mentally ill. She can never admit fully to what she did, because, she would then literally melt or cease to exist, in my opinion. This is because everything she is comes from her-self image that she has built up over a lifetime. This crime fits nowhere in that self-image. To admit all, in her mind, is to lose everything she has left.

jodi arias you matter

I explain below my inescapable conclusion that Jodi Arias is guilty beyond a reasonable doubt. I wish it weren’t so, but it is. The people that prevented me from making that conclusion much earlier are Juan Martinez and his emotional, speculative arguments, the state of Arizona, with their history of corruption and their push for the Death Penalty in this case, the media, (especially HLN), for creating a lynch-mob mentality in the public, and Pro-State and Pro-Travis as well as pro-Jodi zealots on social media, for preventing intelligent and factual discussion from taking place with angry dogma, memes and attacks. They all created an atmosphere of coming down on Jodi Arias and her defense (or on Travis Alexander) like a tidal wave, like a Tsunami. So naturally, like some others, I took the side of the underdog.

I saw the possibility of self-defense, and all that is needed is just the possibility, a reasonable possibility. But Jodi Arias has not been reasonable, especially during sentencing when she addressed Judge Sherry Stevens. This was the time for Jodi Arias to show her supporters and all trial watchers she was rational and redeemable. This was the time to step back and let the Alexander’s finally have their say. This was the perfect time for Jodi Arias to show gratitude to her supporters and all people who were in her corner, to show heart and to show grace. Instead, Jodi Arias acted like a 6 year-old spoiled child. She did nothing except prove that the prosecution was right about her all along. She showed the Jodi Arias that not only could have done this, but did do this.

I do not feel that Jodi Arias has any gratitude for her supporters nor do I think she can feel or show gratitude. It’s all part of her sickness. She even went on to double down on her remarks at sentencing and she said she wished she had said more. It was then that I felt that Simon Johansson and Jodi Arias were speaking with one mind. In the following articles, I lay out the reasons why I have come to my conclusions.

millstone SJ

Is Jodi Arias truly guilty of 1st Degree Murder

(beyond a reasonable doubt)?

Keep in mind that I’m a Jodi Supporter and I have been since shortly after the start of the trial in 2013. Unlike many Jodi Supporters, I have kept up with all the relevant facts in the case. These are facts as they stand now, after all the testimony and evidence has been considered, not the facts as they were at the very start of the trial. In groups with both Jodi Supporters and State Supporters, we have gone over it all, over and over, with a fine tooth comb. We have gone over it again and again, backwards and forwards- all of it.

Many Jodi Supporters have remained in their bubbles and talked it out only amongst themselves. They can’t see the flaws in their own ideas. Other supporters who do talk it out with people with opposing views, stubbornly maintain their outmoded ideas and theories, even when evidence and testimony from the trial makes some of their theories and ideas impossible. Like Jodi Arias’ parents, I can explain away and rationalize a lot of things Jodi said and did, but there comes a point when you cannot explain away all of the far too many problems with the defense case. Once you reach a certain point, you’re bordering on absurdity to explain away all these things, and the house of cards collapses.

living in a bubble

When evaluating reasonable doubt, especially when it appears like there is overwhelming evidence, I always want to look at the person who is the defendant. What is her character? What is her believability and reliability? What is her sincerity, and what is her temperament? How does she present herself? Why is this important? Our legal system recognizes that there are two sides to a crime, the criminal act (Actus Rea) and the criminal mind (Mens Rea). Looking at both the act and the mindset of the defendant will help to show if the theory of the crime and the portrayal of the mindset go hand in hand.

Of course we have from before the crime:
– Accusations of stalking
– A seemingly nomadic lifestyle
– A poor work record / not doing much in PPL (Pre-Paid Legal)
– Though Baptized into the LDS, little to no involvement in the LDS
– No solid friends in Arizona save Travis Alexander, The Freemans, Jodi’s room mate, and a couple of females from her LDS singles ward.
– Arias had abandoned her responsibilities (Mortgage and Bills) in California with Darryl Brewer.
– A habit of violating Alexander’s personal space and monitoring his activities.
– Proof positive that Arias had stolen a diamond engagement ring from Alexander
– No solid plans for the future
– A habit of following through on plans even after the plan had failed completely.
– Questionable move to Mesa, Arizona in the first place

Now, you can explain away and rationalize some or most of these issues, but the thing is, you have to explain them all. It all points to a single minded and reckless pursuit of Travis Alexander. Jodi Arias is doing nothing at this time to build her own friendships and to provide for her own security and future. It’s just reckless pursuit. Now, let’s look at what happened as part of the crime, as far as character.

(Manifesto, letter to family, excerpts from interviews)

– She gives few details about the day of the crime, and is ambivalent about what happened the day before the crime.
– Unless it is something that affects her guilt or innocence, then you get massive amounts of information in excruciating, painstaking, split-second detail.
– She altered the crime scene
– Jodi Arias immediately tried to cover up her involvement in the crime (text messages and voice messages to Travis)
– Jodi Arias went to Travis Alexander’s memorial service knowing she was involved in his death

– She sent a letter to the family complaining that she hurt her toe and lamenting that Travis’ family would end up with souvenirs from Travis’ home that Jodi Arias partially paid for.
– She called Detective Flores and offered to help with the investigation while also trying to throw him off the trail, point him in certain directions, suggest possible suspects, and monitor his progress. (sound familiar?)

jodi letter 4

jodi letter 1

Now, everything she did after the crime can be written off as covering up for either a terrible but necessary killing, or a murder. It could be either. All these things after the crime can be attributed to fear and shame and a cover-up due to being forced to kill, but we have to add it in with the other information in order to make that decision.

Next, it’s important to look at how the defendant was painted or portrayed by both sides. How does the way Jodi Arias behaved in the trial and behind the scenes comport with either of these two views? Is Jodi Arias’ true life character, as best as we can tell, more like the prosecution’s portrayal or the defense’s?

The Prosecution painted Jodi Arias as a lying, manipulative, scheming stalker who targeted a rich Mormon in a sort of adolescent adulation and pursued him relentlessly. Another key element of Jodi Arias, according to the defense, is that she will take an action that benefits her in her mind in the short term without giving any thought to long term consequences. Jodi crossed many personal boundaries and she continuously violated Travis’ privacy, read his private text messages and e-mails, and listened to his voice messages.

Even when they were not officially dating, Arias was monitoring all Travis Alexander’s moves and his girlfriends and love interests. Arias caused Travis to spend lavishly on her as they went on many personal trips together, yet sparks of anger and unhappiness continuously flew between them. Finally Arias was told no and cut off and she flew into a rage, devising a plan to go to Mesa Arizona fully armed and ready to tear Alexander apart for having the nerve to tell her “No” and trying to end the relationship completely.

Jodi Arias, says the prosecution, knows best what is right. She will defy anyone who tries to tell her what to do, and she’ll throw anyone under the bus at the drop of a hat. She will turn her back on and devalue anyone who “disses” her.

The Defense Portrayed Jodi Arias as a hard-working woman, who got into a toxic relationship. The salesman she fell in love with had a big ego, and he was controlling and abusive. Jodi Arias was a shy, withdrawn, passive bookworm type who was happy to just quietly read books and draw nice pictures. While trying to enter a professional career, she meets and falls for a charismatic leader and successful business man. She becomes interested in the LDS religion, even becoming a Mormon herself. The relationship degenerates into sex only, as Travis Alexander cannot commit to any one woman. The more she tries to get him to commit to one woman, the more he runs away until one day, Travis Alexander reveals a terrible personal secret to Jodi Arias.

Mentally and emotionally abusive behavior on the part of Alexander towards Arias starts to turn into physical abuse as Jodi Arias tries to find ways to exit the relationship. Alexander will not allow Arias to exit the relationship for fear she will reveal his terrible secret. This all culminates in tragedy when the exes get together one fateful day, and a simple light-hearted “photography session” turns deadly when Alexander snaps and attacks her. Alexander relentlessly attacks and refuses to back down. The demure and petite woman uses everything she can find to stop him and defend herself when adrenaline kicks in, turning this into a massive overkill.

jodi arias May 2008

We will need to look at how Arias’ actions and behaviors both in the courtroom and outside the courtroom match up with these two very different portrayals. Which one is more like the truth? She cannot be as the defense portrayed her AND guilty of 1st degree murder. If she is as portrayed by the prosecution, then she must be guilty of 1st degree murder.

After this, we need to look at the autopsy of the victim and the crime scene. What can the crime scene tell us about the respective theories of self-defense vs. premeditated murder? Speaking of premeditation, whether it is 30 seconds before the killing or 3 months before, the proof of premeditation is essential to find Jodi Arias guilty of 1st degree murder. Felony Murder is out of the question.

No matter what Arias’ defense strategy is, there has to be reasonable doubt about any circumstantial evidence of premeditation. If it was premeditated, then this must be an ambush killing when the victim was the most vulnerable.

The elements of a long premeditation are listed by most trial watchers as:

1) The use of a rental car to prevent detection (White car wanted, not a red car)
2) The upside-down and the missing license plate
3) The coloring of Jodi Arias’ hair one day before the killing
4) The cell phone which was switched off hours prior to the murder and remained off while Jodi Arias was in Arizona.
5) A serious argument and fight between Arias and Alexander just days before the gun was stolen and her trip was planned.
6) The theft of a .25 caliber gun from the home Arias was living in 1 week before the killing.
7) The use of extra gas cans in the trunk of the rental car, possibly enabling Arias to cruise through Arizona without having to stop for anything and leave a trace that she was in Arizona.

The defense needs to explain away, rationalize, minimize and neutralize all these items of circumstantial evidence as well as their cumulative effect.

1) The rental car – Much has been made about the rental car, but the fact is that Arias’ car was not in the best shape and also subject to being repossessed by her lending institution. In addition, Arias’ family members brought Jodi Arias from Yreka to the Redding Airport to rent the car, so how does that stop people from knowing she rented a car? She claims she parked her Infiniti at the airport, but it seems clear a brother or male cousin brought her there or at least was with her. I also would prefer a white car over a red car if I had a choice. The rental agent stated that Arias’ hair was blonde, yet there is a wide variety of “blonde” and Arias’ hair was closer to brown as demonstrated by the photos of Arias taken in May, 2008. Item #1 is effectively neutralized.

 

jodi arias may 2008

jodi arias may 2008 2

(photo of Arias’ hair color)

2) The upside-down and missing license plates. – There is ample evidence demonstrating that both license plates were removed from the rental car, the front plate being placed inside the car, and the rear plate refastened to the car, but upside-down. Arias stated young teen vandals must have messed with her plates as a trick in Pasadena, CA, prior to her trip to Mesa. The prosecutor, Juan Martinez, believes the plates were changed shortly after Arias arrived in Mesa, Arizona to avoid detection of a car with California plates. If this is so, changing the plates after, rather than before the crime helps the Defense, as this could be seen as a cover-up after killing Alexander in self-defense. If Arias actually did change the plates at any time after the killing, then she hurt her own case by saying the plates were moved around prior to the killing.

Changing the plates this way could have prevented cameras from identifying the vehicle from gas station cameras and cameras located at traffic lights. Saying the plates were changed prior to the killing is less believable because who ever had their plates messed with on a personal or rental car, but not stolen? Not very many people, indeed. This means Arias drove 530 miles in California, from Salinas to Ehrenburg, Arizona at the border, and another 470 miles in Arizona, then another 400 miles to Utah, before someone finally noticed the upside-down license plate. She also passed through the very sensitive checkpoint at the Hoover Dam. Here again, you can explain away evidence, but having to explain away 100 different things weakens each of the explanations. The odds this occurrence would happen on the same day her ex boyfriend gets justifiably killed? The odds are loooooong, very long. This is a damning piece of evidence, but not in isolation.

3) The coloring of Jodi Arias’ hair one day before the killing – There is no question that Jodi Arias stopped at a salon in Pasadena and had her hair colored dark brown the day before the killing. This is augmented by the fact that Jodi Arias did not admit to the hair color change until she was forced to by photographic evidence (Selfie taken in the rental car with date / time stamp). However, the fact she took the selfie can be used as evidence that she was not trying to cover up the salon visit and the hair color change was not nefarious. She was visiting one ex and a new love interest that week. One was an ex-boyfriend, and she would want to look her best and the other was a new love interest in West Jordan, Utah she was trying to impress. There was testimony Jodi Arias was short on money until she deposited her latest paychecks, which could explain her going to the beauty salon at the last minute. Item #3 is effectively neutralized.

jodi arias selfie 1

4) The cell phone which was switched off hours prior to the murder and remained off while Jodi Arias was in Arizona – This is a damning piece of circumstantial evidence. Anyone on a trip out of state, especially a young woman traveling alone, would make it a high priority to have a cell phone available and charged. The simplest explanation, and we invoke Occam’s razor here, (Occam’s razor in the vernacular is simply saying the most straight-forward, simple, explanation is usually the correct one) is that the phone was turned off the entire time Jodi Arias was in Arizona because Jodi Arias wanted it turned off the entire time she was in Arizona. Phone records even show that Jodi Arias turned her phone back on before she was completely out of Arizona, indicating she switched it back on at the very first opportunity. To complicate matters, Jodi Arias said both that she inadvertently ran at out of charge on her phone while at the same time misplacing her charger, as well as stating she deliberately turned the phone off so that Ryan Burns, etc. would not be bothering her with calls.

Helio-Heat-1

She also stated to Ryan that she lost her charger and had to buy a new one while telling authorities that she misplaced and later found her charger under the seat of the rental car. If in fact she had lost her charger or ran out of charge, one would think Jodi Arias could charge her phone at Alexander’s home in some way, shape, or form. The cell phone being turned off during the late night ride to Mesa is not as damning as Jodi Arias “maintaining radio silence” at the home and then also throughout Arizona. It appears Alexander made no calls and received no calls on June 4th as well.

Having her cell phone switched on from the night of June 3rd through the entire day of June 4th would have definitively placed Arias in Arizona and marked her path. Again, having the phone off prior to getting to Mesa is not so much of a problem to explain in a way favorable to the defense. The phone being turned off after the crime is also not difficult for the defense to explain. Shutting it off prior to leaving California, having it off all the time Arias was in Alexander’s home, and having it off until almost out of Arizona is a large problem. It’s not so easy to explain away especially in combination with the other pieces of circumstantial evidence

5) A serious argument and fight between Arias and Alexander just days before the gun was stolen and her trip was planned – Jodi Arias had a prolonged and high intensity fight / argument with Alexander. This argument showed Alexander as refusing to give in until he got certain truthful answers which Jodi Arias was not willing to give. In the argument, Travis’ language was abusive, mean, and misogynistic. Arias goes to the extremes of apologizing and even blaming herself. She is constantly trying to get Alexander to move past his anger in regards to certain events, but she is unsuccessful. Alexander is unmoved, and the argument continues throughout the day, lasting a reported marathon 6 hours. Nine days later, Travis was dead in his bathroom shower enclosure.

This was no ordinary argument. It seems that even the 1,028 miles that separated Jodi and Travis was not enough to mitigate their troubles. The prosecution maintains that Travis was moving on and trying to break it off completely with Jodi Arias. The defense maintains that Travis asserted more and more control as he felt Arias slipping out of his grip and moving on to other love interests. Listening to the sex tape of May 10th, it seems that Arias repeatedly tries to get Alexander to commit to coming up to visit her, while Alexander repeatedly tries to not answer her or change the subject. This indicates that the prosecution may have been correct, although Arias would say she was just trying to sustain the friendship part of their relationship.

Jodi Arias trying to get Travis to come up her way, Travis balking and not answering

 

May 10th – Sex Tape – Alexander and Arias are getting along well, although Alexander balks at plans / invitations for him to come up to the Yreka / Oregon area.
May 26th – Big, Nasty, major argument between Jodi Arias and Travis Alexander
May 28th – .25 gun stolen from Grandparent’s home where Arias is staying.
June 2nd – Arias hits the road to go to various places in California, Mesa Arizona and West Jordan, Utah on long thought about, but hastily arranged trip.

Is that major argument irrefutable proof that this was a murder? No, because this could have given Jodi Arias the impetus to go to Mesa to murder Alexander, or it could have motivated her to meet him face to face in order to straighten out their differences. Is this a major piece of circumstantial evidence? Not in isolation, but when combined with other pieces, it could have some relevance.

6) The theft of a .25 caliber gun from the home Arias was living in 1 week before the murder – A .small 25 caliber pistol was reported stolen form Arias’ grandparent’s house where she was staying, on the afternoon of May 28th. Five days later, Arias was on her way to Mesa, Arizona where Alexander was shot in the face with a .25 caliber gun. Jodi Arias claims that a thief stole the pistol at her Grandparent’s home and that Alexander had a loaded .25 caliber pistol lying around in the closet which he told no one about. No ammo, no accessories and no cleaning supplies were found for the gun. Could Alexander have had an old, loaded .25 pistol just sitting in his closet? Sure, it’s reasonably possible, however Arias had previously told the lead Detective that Alexander did not have a gun. Also, Arias had previously claimed both that the gun was in a box and / or that the gun had a holster. No gun box or gun holster was found in the home. Why did she testify to the box and the holster? Maybe she was worried that the prosecution would claim that if the gun were merely sitting on the closet shelf, there would be oil or a dust imprint or something of that nature. Why else would Arias claim a box and / or a holster that didn’t exist?

To believe Arias’ story, you will have to believe that a thief really did break into her grandparent’s house and stole a .25 caliber gun, plus a few items from each room in the house, ignoring more valuable items two days after she had a giant fight with Alexander and just 5 days before she went to Mesa where Alexander ended up being shot in the face with a .25 gun. Then you also have to believe that, coincidentally, Alexander also had a .25 caliber gun (a rare pistol that fewer and fewer people own since the 1980’s). He kept the gun close to the bathroom in his closet and never used it, but it was also loaded. There are more unlikely facts you would have to believe in order for Arias’ story concerning the gun to work, which I will get into, in more detail, later.

What about the shell casing (Winchester .25 Auto) found in Travis’ bathroom not being the same ammo the grandfather had on hand and the bullet type (round nose bullet) not being the type the Grandfather reported using in his gun (hollow point)? That’s something in Jodi Arias’ favor, but she could have gotten more ammo from a different source, or the Grandfather could have been mistaken. All in all, the .25 caliber bullet and the .25 caliber gun, stolen shortly before the killing, will remain a tough piece of circumstantial evidence against Jodi Arias. Not so much if it were a .22 caliber, 9 mm, .38 caliber or .44 caliber stolen in Yreka and used at the crime scene in Mesa. These popular calibers are much more in use nowadays.

If Jodi Arias claimed complete innocence (It was someone else who killed Alexander), then the .25 would make more sense, because this is an untraceable weapon often used in crimes, but fewer and fewer people have them for normal, law-abiding usage. They don’t have the knock-down or stopping power, and the rounds are too low of a velocity and often bounce or deflect off a target. Most have switched to the higher caliber weapon. Had it been one of these guns, the coincidence would be much less pronounced. Again, this can be explained away in isolation, but it becomes much more damning when put in combination with the other evidence.

 

25 raven 3

25 raven 2

The top 10 guns used in crimes in the United States, according to an
unpublished Bureau of Alcohol, Tobacco and Firearms report:

1. Smith and Wesson .38 revolver
2. Ruger 9 mm semiautomatic
3. Lorcin Engineering .380 semiautomatic
4. Raven Arms .25 semiautomatic
5. Mossberg 12 gauge shotgun
6. Smith and Wesson 9mm semiautomatic
7. Smith and Wesson .357 revolver
8. Bryco Arms 9mm semiautomatic
9. Bryco Arms .380 semiautomatic
10. Davis Industries .380 semiautomatic
Handguns Taken in Evidence in California, 1993

5,222 – .22
4,693 – .25
1,477 – .32
4,842 – .380
4,671 – .38
5,295 – 9mm
2,395 – .357
1,787 – .45
http://answers.google.com/answers/threadview/id/236976.html

What is the most common handgun caliber in the US?

25 raven
Answer #1 (From 2010)
“As far as the most common handgun caliber, I would say it is a toss up between the 9 mm and the .38 Special. Most police departments don’t use the .38 Special any longer because a semiautomatic has greater firepower and the venerable ‘0l .38 really is a bottom-of-the-line self-defense/combat round. If it were me and I was picking a semiautomatic for self-defense, I would either choose a .40 S & W or a .45 ACP. If I were picking a revolver, I would choose a .357 magnum. They DO and HAVE made revolvers in calibers such as .44 Special and .45 ACP, but they are limited in the number of models and styles from which to choose. Either of those would be more powerful than a 9 mm.”

Answer #2 (from 2010)
“I would say a 9mm. If you have the phobia I wouldn’t recommend a 9mm revolver they are a pain not to mention if it needs parts its not a common gun there for parts would be hard to come by…get a .357 mag plenty of stopping power and can shoot a .38 special round. So it doubles your chances of finding ammo in an anarchy situation. Look into a Ruger SP101 in .357 mag. I have 1 and its a beast it fires everything from .38 special +P to the most powerful .357 mag rounds you can find it will definitely outlast me, I couldn’t break it if I tried. Also look into the Ruger SR9 or SR9C for a 9mm it’s an awesome gun I have 1 of those as well. Ruger knows how to make great guns at even better prices.”

https://answers.yahoo.com/question/index;_ylt=AwrBT72gcLFVFc8AZpNXNyoA;_ylu=X3oDMTByOHZyb21tBGNvbG8DYmYxBHBvcwMxBHZ0aWQDBHNlYwNzcg&#8211;?qid=20100807133721AAxwjml&p=What%20is%20the%20most%20common%20handgun%20caliber%20in%20the%20US%3F

The .25 caliber pistol, one of the most popular being the Raven Arms .25 pistol, commonly called a “Saturday Night Special”. Very likely to be used by a criminal but not very likely to be on hand in a gun owner’s home.

In addition to all this, Arias also bought a 9mm gun shortly after the killing and she duct taped it under the hood of another rental car so well that it wasn’t found until days later. A piece of duct tape was found on Alexander’s master bedroom floor at the crime scene, and Alexander was a certified neat nick. It could have been for his body bug, it could have been from the gun, or it could have been something unrelated.

Was this the tape Arias used to conceal the gun in her rental car?
Was this the tape Arias used to conceal the gun in her rental car?

Keep in mind that I’m a Jodi Supporter and I am dealing with only the proven facts, no speculation and no denying facts or adding facts that are not proven. I have worked with these facts for a long time now, only seeing them as much as possible in the light most favorable to Arias. New information, such as proof positive Arias stole Alexander’s diamond engagement ring and took his original notes for his book, are facts that came out during the 2nd penalty phase of the trial.

Next article: Why the gas can evidence is the most crucial evidence and the crux of the Jodi Arias case.

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Rumble in the Jungle: Retrial Update with Geffner

Fact-based reporting

By Rob Roman & Amanda Chen

In this re-trial performance art, the part of Psychologist Robert Geffner will be portrayed by a hapless, knobby-kneed zebra. The part of prosecutor Juan Martinez will be portrayed by an athletic pack of hungry leopards.

The part of 2nd chair defense attorney Jennifer Wilmott will be portrayed by a bandage toting animal field medic.

 

The defense team takes a water break.
The defense team takes a water break. (click to enlarge)

Here we are in 2015, still watching the Jodi Arias penalty retrial finally wind down, and what’s changed in this case? We know there’s an overwhelming majority on one side and a small but dedicated following on Jodi’s side.

 

 

Trial by tweet is like listening to the World Series on an AM radio. You just don’t get a good feel for the tempo, the intensity, or the action. It’s so hard to get a sense of what the jury is actually experiencing. Then the story can be very different depending on who’s tweeting about it. Which courtroom tweeter can you trust?

We think the best are Monica Lindstrom (but she’s not there all the time), Michael Kiefer (some trial watchers see Michael as being against the prosecution), and Jen Wood from the Trial Diaries. The rest generally suck eggs, in our opinion. What do You think?

If we were to have a poll today of all interested trial watchers, the votes for Life would most likely easily win by a great majority. It’s only that those who want death are far more vocal. The percentages on social media can make it appear as if it’s 10 to 1 prosecution supporters, because Jodi Arias supporters are very present and vocal, but in fact the percentage of Prosecution supporters is easily 100 to 1.

The prosecutor at the ready (click to enlarge)
The prosecutor at the ready (click to enlarge)

The problems that Jodi supporters like to point out is that some facts are ignored, speculations are presented as fact, and non-facts are believed to be true. Interesting observations on the defense side in favor of Jodi Arias are often dismissed. Some important facts are not considered at all, and some prejudices that can distort the true facts inevitably leak in.

For prosecution supporters, Dr. Geffner is a slimy hired gun, who will say or do almost anything to prevent a mentally ill woman from being executed. He will cheat on tests and lie to the jury with a straight face. Plus, he’s a Dinosaur.

Geffner’s a sentimental relic of outdated psychology theory that people keep around out of nostalgia. He’s a liberal twerp who should be banned from Arizona.

Jodi Arias supporters see Dr. Geffner as another in a succession of experts trying to give the full story of precisely what went on in Arias’ head and in this relationship that lead to the grizzly killing .

I relied mostly on tweets from Michael Kiefer from the Arizona Republic and Jennifer Wood from the Trial Diaries to try and get a balanced idea of what transpired in the courtroom. Jennifer Wood blocked me on Twitter for tweeting that I thought she was biased. That really wasn’t fair, after looking at more of her tweets. One thing, I think, that gave me the wrong impression about Jen Wood is that people were re-tweeting her tweets, but then they added their own comment at the end of the tweet.

I mistakenly took this as ALL a tweet from Jen Wood. I was wrong about that, and

Jodi Arias greets the jury
Jodi Arias greets the jury

I apologize to her. Jen Wood’s tweets are actually the most complete and accurate that I’ve seen. I don’t think her reporting is biased at all, after taking a closer look. She even tweets the jury questions in exact quotes. Great job, Jen!

In our last retrial update https://spotlightonlaw.wordpress.com/jodi-arias-and-her-defense-add-insult-to-injury/, we were finishing up with Dr. Robert Geffner’s testimony. Juan Martinez was finishing his re-cross. They are discussing the PTSD testing and Martinez indelicately tries to ram in the coded messages written near the spine of a couple of magazines, supposedly intended for Matt McCartney. Jodi Arias allegedly tried to smuggle them out to Matt McCartney from the Estrella Women’s Jail in Phoenix via a reporter.

The prosecution side is cheering Mr. Juanderful for sticking another knife in Arias’ case for mitigation. Some Jodi supporters were claiming that those magazine messages were written by another defendant in another case, and Arias was blamed for it. Our take is this:

Dr. Geffner swears in
Dr. Geffner swears in

The magazine messages were in fact written by Jodi Arias and they were intended for Matt McCartney. Gray Hughes even pointed out on a FB page that the handwriting matched that of Jodi Arias. She was probably desperate to get some corroborating testimony from Matt. It is a legitimate fact to bring up, but we’re just saying that the foundation had not been laid down properly. This has no relation to the line of questioning. It’s just thrown in there while discussing the PTSD testing, Geffner keys right in on this, too. What does this have to do with the PTSD testing, he asks? He has never seen this before and he wants to know the context. They started arguing and talking over each other, and Judge Stephens had to admonish them. Geffner has no idea about the coded message in the magazines.

 

Geffner: What does this have to do with PTSD?

Martinez: Tries to ask more about the magazines and the hidden message.

Stephens: Stop talking over and interrupting each other!

Long Sidebar.

The poor court reporter is probably working up a good case off carpal-tunnel syndrome right around now.

Juan is attacking, demanding Yes or No answers. He demands to see Geffner’s notes. He’s getting all up in Geff’s grill. Juan’s always wanting to see the notes. Geffner is claiming he can’t answer these questions with a simple Yes or No. Kirk Nurmi objects to Martinez’ questioning as badgering and argumentative. Judge Stephens overrules the objection. Rumble in the jungle – it’s on.

Dr. Geffner answers a question
Dr. Geffner answers a question

Judge Stephens seems to have a very simple formula for objections. On direct and cross she sustains most objections. On re-cross and re-direct, she simply overrules most objections. Sidebars abound. The main point Juan wants to make is that Jodi Arias, still clinging to the ridiculous Ninja-intruder story, claimed a non-sexual attack by a stranger as the trauma giving rise to PTSD. The prosecution claims this invalidates the entire test, the defense claims it does not, that the trauma was actually a non-sexual attack by a known person, and all the other answers are valid. Jodi Arias suffers from Post-Traumatic Stress.

Martinez’ wingman, Detective Esteban Flores, whose teenage son recently died in a tragic accident, is noticeably missing from the proceedings.

It’s the old Lions and Tigers and Bears argument made famous by a juror in the original trial. Who cares if it was a Lion or a Tiger, or even a Bear? The attack is the same. Martinez puts the PTSD or PDS test up on the big screens. Geffner complains that the test questions are copyrighted and should not be shown to the public. Juan calls Dr. Geffner combative. Geffner actually has to appeal directly to Judge Stephens and tells her “Your Honor, this is getting real borderline”. Micheal Kiefer calls the questioning “snarly and contentious”.

The hungry leopards hang onto the hapless zebra and commence tearing flesh. The zebra is trying to shake them off.

Geffner tries to say that Martinez is mixing up two different tests. The back and forth is described as ‘going in circles’. Geffner reads verbatim from the test to show that Juan Martinez is paraphrasing and mischaracterizing what was said on the test. Juan transitions out of this and he questions Dr. Geffner’s certification to testify in Arizona. Dr. Geffner says there’s no such thing as a certification to testify. He’s licensed in California to practice, but not Arizona. Juan’s finished and Jennifer Willmott gets up for re-direct.

Juan Martinez is licensed to pounce. For now he’s returned to his chair and is crouching, scanning.

 

Juan Martinez waits patiently in his seat for his turn at the witness
Juan Martinez waits patiently in his seat for his turn at the witness (click to enlarge most photos)

Willmott explains that practicing in Arizona requires a license, testifying does not. This is where my theory about Juan Martinez comes in. Once in a while, Martinez will just throw things in that seem to be trivial, not related, to make no sense. Remember that Martinez didn’t want any co-prosecutors on this case. He has had co-prosecutors in the past. He wants to take care of this himself and he’s gonna handle every detail himself.

My theory is that he has a set way of handling witnesses. Juan has a list of testimony he wants to elicit, and points he wants to make. But he doesn’t want the defense to figure out how he prepares and how he picks the points he wants to cover, so he throws a couple curve balls in there. He brings up things which are irrelevant or not really important, just to keep the defense from discovering his system, which is pretty straightforward. I’ve noticed this a few times, and the not-being-licensed-to-practice-in Arizona is something he knows is not even an issue.

Other trial watchers have pointed out that it is an issue, and that out of state Psychologist enlisted as trial witnesses who aren’t licensed to practice in Arizona have gotten into trouble for things they testified to.

Juan Martinez contemplates his next move.
Juan Martinez contemplates his next move.

Here’s a strange occurrence in the trial. Willmott and Geffner are both saying that Juan Martinez did not tell the whole story about the porn found on the Bishop’s computer. This is the Friday before the Super Bowl football championship between the New England Patriots and the Seattle Seahawks, also going on in Phoenix. Judge Sherry Stephens sends the jury out.

The story of the porn at the Bishop’s residence is that the computer either crashed or was not working well. Witness # 1 sees pop-ups of sexy scantily-clad women. Witness #1 knows about computers and investigates the malfunctioning computer. He traces this back to a file or folder with Travis Alexander’s name on it. He claims he found some child porn. Witness #1’s affidavit continues the story with Travis and the witness going out to his car and they have a heart to heart conversation about the porn. Witness #1 says, “Travis, you are not who you’re supposed to be”.  Then Travis breaks down and explains he was sexually abused at age 12.

jungle porn 30

Then Martinez and Willmott have an argument over whether or not Travis confessed to being the one responsible for the porn. At this point, Judge Stephens tells the gallery “You are not to respond verbally to anything that’s about to be said.” That was quite unusual. The judge calls the two to the stand. They return. Geffner continues. “Travis, you are not the person you’re supposed to be. You would be homeless if I told the Bishop.”  Juan objects – another sidebar. Geffner interviewed the witness with associates. Willmott asks if Geffner believed that Travis confessed to the porn? Martinez objects, and it’s overruled. Geffner answers that was his understanding.

Jennifer Willmott then goes on to show that Travis Alexander had another issue with porn pop-ups in 2007. From testimony we know that Alexander was again having a computer problem from a virus or malware on the day of June 4th, 2008. So, she’s making a connection between Travis Alexander, computers, and an ongoing problem with masking his apparent porn addiction.

Willmott gets Geffner to explain that the date witness #1 gave as the date that Travis grabbed Deanna Reid, his girlfriend at the time, and pushed her down on the couch, was off at first, but he was sure about the incident. This was when Travis supposedly said “Get it through your f*cking head, I’m not going to marry you!” the jury is brought back in. Jenn moves on to Jodi Arias and elicits testimony relating to the months after she killed Alexander. Geffner explains to the jury that Jodi was hazy about what happened. She was not able to come to terms with what she did, so, she made up some stories.

She knew these stories made no sense, but she held onto them anyways. Wilmott asks Geffner if Jodi Arias disavowed the Ninja story and finally confessed. Geffner says that she did. Willmott asks Geffner why she made up the story. There’s an objection and another sidebar and Willmott drops the question. Then she moves on to the masturbation to the photos of young boys allegation about Travis Alexander. Why was there confusion between whether the photos were paper photos or images on his laptop? Geffner explains that all versions and all notes about that story talk about paper pictures, except Alyce LaViolette’s. She had apparently assumed it was images on a computer.

Jeifer Willmott and client
Jennifer Willmott and client

Now Willmott moves on to July 29, 2007, when Arias says she broke up with Alexander after finding intimate communications with several different women on Alexander’s phone. Next she wants to explore what the difference is between the two “going steady” or “officially going out” and being broken up. Geffner explains there was little difference, because they were still seeing each other, still having lots of sex and still hiding the relationship. During that summer, there were text messages of Travis Alexander jealously accusing Lisa Andrews of seeing her ex-boyfriend, while at the same time, he’s wooing Jodi Arias and another woman.

Now it’s time to review the idea about Travis keeping the relationship secret and what that means. Martinez likes to point out that most people do not talk about their sexual experiences and that Jodi Arias also kept it a secret. Keeping things secret, especially in a Mormon environment, is normal and has no application to abusive behavior or any other alleged malfeasance on the part of Travis Alexander.

But that’s really not the point, is it? It wasn’t just the sex, but Travis kept everything else secret from his friends, his co-workers, and his community, too. He didn’t go to dinner with her, or a movie, or a walk. He didn’t participate in any social activities with her, and he made sure she stayed on a different team at Pre-Paid Legal Services. As far as her friends, cohorts and community knew, Jodi hardly existed. That’s what the defense is talking about when they are alluding to abuse.

The questioning heats up
The questioning heats up

Beyond that, text messages between Travis and Lisa show a cycle of love-lust and anger-jealousy directed at Lisa Andrews by Travis. Next, Geffner and Willmott discuss the times Travis talks about marrying several women. The implication here is that in Travis’ world of the LDS church you promise marriage in order to get sex from single Mormon women.

And this is one part of this penalty re-trial and the original trial where the two sides of supporters dramatically diverge. Prosecution supporters seem to discount the whole of Alyce LaViolette’s testimony, when she was giving this same type of evidence. There were multiple women with whom Travis was exchanging risqué messages of love and lust. They were talking about encounters they had in the past and planning more of them. There was lots of sexually graphic talk, including talk about making babies, pubic hair and sexy underwear and clothes. There was talk of boobs, too.

Geffner had to make a graphic chart of the women, there were so many. Jodi Arias supporters believed this testimony and they understood it was objective testimony straight from Alexander’s phone. It didn’t come from Jodi.

Prosecution supporters felt it was just talk and didn’t mean much. They figured that the relationship with Jodi was casual anyways, and that it’s natural for a single man to pursue a number of women. Arias supporters saw this as a betrayal, a web of lies and secret trysts that were most likely also happening in real life with a number of these women, at the same time, Travis was claiming love and monogamy with Jodi, consistent with the Mormon precepts and tenets.

 

Judge Sherry Stephens at the helm
Judge Sherry Stephens at the helm

 

Prosecution supporters saw this simply as Travis playing the field, but Jodi supporters saw it as sexual and emotional abuse, especially when you add in Travis’ jealousy whenever Arias talked about her plans to see other men.

Prosecution supporters see this as manipulation on the part of Arias, trying to keep him and draw him in by the prospect of eligible rivals in the mist.

The implication on the defense side was that this game was going on long before Travis met Jodi and continued unabated the whole time they knew each other. At the least, there’s a misunderstanding as to the nature of the relationship. There’s also a psychological component, as Arias lost out on the affections of her father when her younger sister, Angela, was born.

From a psychological point of view, Jodi Arias may have then drifted from one overbearing or controlling boyfriend to another, doing anything to gain his affections. When she was finally rejected, even as a friend, and cast aside for a younger girl, she may have lost control. Travis may have paid for the sins of the father, in addition to anything he may have done.

The defense fleshes out this line of thinking further with testimony from Dr. Geffner. Travis Alexander and a woman named Chaitanya  Lay are seen on texts discussing a tryst they had while at the same time, Alexander is texting and sexting with other women. Geffner and Willmott then go into the early 2007 Chris and Sky Hughes e-mails, where Sky is talking about various ways Alexander supposedly toyed with and abused other women.

Geffner explains about copyrighted Psych. Tests, relating how Juan had put the actual questions up on the big screen, and answers he got from Dr,DeMarte out onto the public record. It’s a serious issue. The questioning moves to witness #1 and the porn on the Bishop’s computer and Travis’ alleged admission he had been abused as a child. Juan objects, asking what’s the relationship between the admission to childhood abuse and porn on the computer? Geffner replies that it was Travis and witness #1 that made that connection, not him.

Jodi Arias looks on
Jodi Arias looks on

Geffner amplifies the subject about witness #1 seeing Travis grabbing Deanna Reid by the wrists, pushing her down on the couch and yelling at her at the Bishop’s residence. Could it have been someone else he saw? Geffner relates that witness #1 knows exactly who Travis and Deanna are and he knows he saw them, although he may have been mistaken on exactly what month and day he saw the altercation.

Geffner explains that it was only one report from “Psychologist #1”, who everyone believes was Alyce LaViolette (although LaViolette is not a psychologist), that described Travis as being on his knees when Arias alleges she caught him masturbating to pictures of young children. I still cannot figure out why this would be an issue. I suppose Juan Martinez is skeptical about Alexander’s positioning? There were a number of things LaViolette seems to have misunderstood. Next time, she should get a tape recorder and document when she makes an error in her notes.

Dr. Geffner tried to explain why Jodi Arias made up the Ninja intruder story. According to Jodi, it was to find a way to halt further questioning without revealing or facing up to what she had done.  The questioning turns to the January 22, 2008 finger-breaking incident, where Jodi claims Travis threw her to the floor, kicked her in the ribs, and broke her finger while she was trying to protect her side.  They discuss a possible hidden meaning in her journal entry at the end of that weekend: “Nothing noteworthy to report”.

Then they discuss the Secret and the Law of Attraction (The philosophy that negative thoughts will bring negative events into a person’s life) as a reason why Jodi rarely mentions negative issues involving Travis. Geffner says Jodi adheres to the law of attraction consistently in her journal entries.

Dr. Geffner relates that Jodi was experiencing anxiety and depression early in her relationship with Travis. Juan Martinez suggests that perhaps Jodi was feeling these things because of financial problems and losing her house to foreclosure. Geffner said it wasn’t money or foreclosure because her journals only speak of Travis in relation to feeling anxious and depressed.

As a counter to charges that Travis was manipulating Jodi while seeing other women behind her back, Juan charges that Jodi was being manipulative with Travis in May and June, 2008, as she was seeing Travis while also courting Ryan Burns.

Jen from The Trial Diaries reported that Jodi Arias has had the same blank stare all day long in court with no visible emotions.

more intense questioning
more intense questioning

Geffner states that there had been no aggression in Jodi Arias’ history since the teen years and there was low aggression found in her testing. Dr. Geffner stated that Dr. Janeen DeMarte’s report discussed aggression between Jodi Arias and her rival for Matt McCartney, a woman named Bianca. Geffner stated this was not true at all as the encounter was casual and amicable. He stated that Dr, D. had based some of her conclusions on this misrepresentation of facts. Geffner stated that Jodi Arias had often stated that she always wanted the best for Travis, even when they were no longer an item.

Prosecution supporters see this as more manipulation from Jodi Arias. The hungry pack of leopards is poised under shade trees on the periphery, ready to spring.

He stressed that the Havasupai trip was devastating for Jodi, as a nice vacation was soured by a bitter argument with a chilling aftermath. Juan Martinez registered lots of objections here, which were all overruled. There were contentions about a letter Jodi Arias wrote to Abe Abdelhadi, a fellow team member in her PPL group, in December of 2006. In the letter, she was saying she could no longer see him. The idea was that Travis forced her to write the letter. Juan argued that she did it on her own, possibly as a manipulation of Travis to get him to commit to her, and that she never actually sent the letter.

Here’s a video of Abe Adelhadi talking about most of the stuff he discussed on the stand as a prosecution witness:

https://www.youtube.com/watch?v=aRU4NK-7O-g

 

Geffner also reported that there was no proof that Jodi wrote the coded messages in the magazines purportedly intended for a potential witness, her ex-boyfriend, Matt McCartney.

They move on to the jury questions:

jungle leopards 21

Question: Do norms testing for the PTSD tests include incarcerated people?

Geffner – No.

Question: Since JA tested years after the incident, how accurate was the test?

Geffner – I’m looking for consistency.

Question: Could depression, anxiety and PTSD come from murdering someone and being in jail?

Geffner – Yes but we talked to other people who knew her at the time to establish it was not the result of being incarcerated.

 

Question: Can Jodi fake non-aggression on a test?

Geffner – It’s very hard to do.

Question: Why does JA continue to have sex with Travis after being abused?

Geffner – That’s the cycle.

Question: Why does JA call Travis the T-Dogg?

Geffner – That was Travis’ macho side.

Question: Who was the recipient of the coded messages?

Geffner – I don’t know.

 

Question: Is there any supportive documentation of DV?

Geffner – No, just Jodi’s word.

Question: In your review of records and expert opinion did physical abuse take place?

Geffner- Yes.

Question: Why was the DV not powerful enough to write about it?

Geffner – JA was going by the Law of Attraction but some of it still sank into her journals.

Question: Did verbal abuse really happen?

Geffner – Yes.

Just another manic sidebar
Just another manic sidebar

Question: Can a person be attracted to young girls AND young boys?

 

Geffner – Yes and also to adults as well. This would be a non exclusive type of pedophile.

 

Question: Aren’t you surprised as an expert that JA continued having sex with TA after she caught him?

Geffner – I’m not surprised anymore. JA felt bad for TA.

Question: How long did JA talk with Psychologist #1?

Geffner – Alyce LaViolette talked to JA for two days and had type written notes.

Question: How can Jodi Arias function normally and go to work, etc., after the homicide?

Geffner Jodi blocked it out.

Question: A question about giving JA the same test twice?

GeffnerShe was given 2 tests with 100 questions each. One was done from the perspective of now and one we asked her to go back in time to the months following the crime in 2008.

 

Jennifer Willmott goes back on direct after the jury questions:

Birds can be heard whooping and cawing, twigs are snapping, and snakes are heard slithering in the jungle.

 

Juan Martinez plies his craft in a previous trial
Juan Martinez plies his craft in a previous trial

Willmott elicits testimony from Dr. Geffner showing it’s nearly impossible to fake aggression on the test. Geffner says 2 tests were given over a span of 2 years and the results were too consistent to be faking.

 

 

 

Geffner states he looked very closely at Jodi’s ring finger and it’s broken, not sliced.

Geffner says the sex tape of referencing a 12 year-old while masturbating corroborates JA’s story of the incident when she caught Travis with the photos of young children.

The hungry pack of leopards leap out of the brush.

Juan crosses and states that he thinks JA learned a lot about PTSD while she’s been in jail as well while she’s been absorbing the proceedings at her trial. He shows there’s no other evidence about the photo incident except Jodi’s word. He asks Geffner if he believes there was Domestic Violence? Geffner answers that it’s not his belief, but his opinion. Juan asks where is there any reference to physical harm in her journals? It’s all based on Jodi Arias’s word, Geffner agrees.

Someone asked a juror what time it was? The juror said they can’t talk to the person. Kirk Nurmi jumps on this and wants a chamber conference.

Kirk Nurmi says Juan Martinez will now call the Mormon Bishop and Abe Abdelhadi. Nurmi wants Abe precluded from testifying.

 

The jungle is temporarily closed.

This ended the questioning of Doctor Robert Geffner in mitigation testimony. Did Geffner offer any solid mitigators as to why Jodi Arias should receive a sentence of Life in prison rather than Death? Did Geffner, along with Dr, Miccio- Fonseca and Alyce LaViolette finally explain why this was an abusive relationship that destabilized Jodi Arias? Or, are they all just hired guns attempting to rationalize and minimize what Jodi did in order to protect her?

 

jungle courtroom 12

Is there any solid evidence that Travis was sexually and emotionally abusive towards Jodi Arias? Is there any credibility to what witness #1 alleges? What exactly transpired after the relationship soured and Jodi and Travis fell apart? These are the questions many trial watchers are asking, answering, and continuing to ask.

Our next trial update will go into the testimony of PPL co-worker Abe Abdelhadi, Bishop Verno Parker, and Psychologist Dr. Janeen DeMarte.

 

 

Anything you've read that you would like to pounce on?
Anything you’ve read here that you would like to pounce on?

 

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Your witness
“Your witness”

 

 

Arias and her Defense add Insult to Injury

Fact-based reporting

by Rob Roman & Amanda Chen

We wish to extend our deepest sympathies to the Flores family on the tragic loss of their 15 year-old son.

We intended to post an article all about Travis Alexander, but recent events in the penalty retrial have caused us to change our course. Additionally, I told a very good friend of mine, a prosecution supporter, about my intention to post an article about Travis Alexander, and she asked me why not do an article about Jodi Arias instead? She’s right, so here it is.

Having recently reported that this retrial was not the nightmare many believe it is, I have to backpedal a little after the events of last week. No question, it was a really dark week for the defense.

https://spotlightonlaw.wordpress.com/the-jodi-arias-penalty-re-trial-the-nightmare-that-never-was/

Two things in particular happened last week, and there are just no two sides about it. The first is an affidavit by a former acquaintance of Travis Alexander named Marc McGee, now of New Zealand. The second is the release into evidence of an 18 page letter Jodi Arias wrote to Travis Alexander’s family on July 28th, 2008. Before we delve into all that, let’s have a review of the rest of what happened last week (Jan. 19 – 22).

Dr. Robert Geffner is still on the stand and Jennifer Willmott was finishing up on direct examination of this defense mitigation expert witness. We should keep in mind that this is not all mitigation. The prosecution summed up their version of all the major events covered in the guilt phase of the trial. The defense, in part, is responding to the prosecution’s version of events. Many prosecution supporters have remarked they have seen no mitigation yet in this penalty retrial. Not so, because the two defense expert witnesses have in fact covered much of the defenses’ enumerated mitigators.

detetive FloresWe have to assume that the mitigators relating to Jodi Arias being a good friend and having artistic talents were removed due to possible difficulties in making a good case for those assertions. Why would that be, do you think? Even so, it’s foreseeable some artwork will be featured in some way during the penalty retrial. Mitigators can come from anywhere in the testimony and evidence and are not limited to those enumerated by the defense.

Here are the new enumerated mitigators:

1. Ms. Arias has no prior criminal history.

2. Ms. Arias was just 27 years old when she committed her
offense.

3. Ms. Arias is remorseful for her conduct.

4. Ms. Arias suffered both physical and emotional abuse as a
child.

5. Ms. Arias suffered both physical and emotional abuse during
her relationship with Mr. Alexander.

6. The abusive nature of the relationship caused Ms. Arias to
suffer extreme emotional stress at the time of the incident.

7. Ms. Arias has been diagnosed with Post-Traumatic Stress
Disorder.

8. Ms. Arias has been diagnosed with Borderline Personality
Disorder.

9. Ms. Arias’ psychological makeup impaired her ability to cope
with the tumultuous relationship she had with Mr. Alexander.

Numbers 1 and 2 do not take very much testimony to establish. Number 3 should come from Jodi Arias’ own testimony or allocution, and that’s all on hold now pending the appeal of the ruling by the Arizona Supreme Court that she cannot be allowed to testify in a closed courtroom. Numbers 4 through 8 have all been substantially covered by the expert witnesses.

Jennifer Willmott finished up her questioning of Dr. Geffner by introducing messages and texts suggesting that Travis Alexander was having intimate and sexual conversations with a number of women, including a request for sexually provocative photos, while he was involved with Jodi Arias and Lisa Andrews.

Geffner stated that sexual exploitation was a form of domestic abuse and that Travis Alexander was engaged in such conduct with Jodi Arias. The defense also explored how Travis’ overriding emphasis on sex made Lisa Andrews uncomfortable in several different ways.

JUAN FIT 10Geffner described an “on-again, off-again” pattern in Alexander’s relationships and a history of unstable relationships for Arias. Some of the conversations between Alexander and a number of young ladies happened in the weeks leading up to Arias’ move back to northern California in April, 2008.

References to a “cycle of abuse” and Arias being constantly drawn back into the sexual relationship were made by Dr. Geffner. It was stated that there is no physical evidence of physical abuse and no mention of it in Arias’ journals. Dr. Geffner said this was not unusual. Certain incidents of alleged physical abuse were then discussed.

Dr. Geffner talked about Arias’ diagnosis of PTSD and said the psych. tests he ran on Arias showed the same results as earlier tests.

Testimony then turned to a reported drastic change in Arias’ personality in late 2006, about the time Arias became involved with the Mormon Church, Pre-Paid Legal Services (PPL), and Travis Alexander. Dr. Geffner reported that no one has reported any aggression by Jodi Arias in years and years prior to June, 2008.

Then the defense decided to introduce affidavits from defense witnesses who were supposedly refusing to testify. They introduced them via Dr. Geffner’s testimony. Prosecutor Juan Martinez, who previously argued that the court should not be allowed to be cleared for a witness, because witnesses who wanted their identity kept secret could testify by way of affidavit, was now objecting to the introduction of witness affidavits. This is the same prosecutor who famously declared that Jodi Arias and the defense “cannot have it both ways”.

pittsWilliam Pitts @william_pitts · Jan 20

Nurmi is up. Says the last time we talked mitigation Martinez said bring your affidavits. We brought them, now he says no. #JodiArias

To be fair, his objection could have been based on whether the affidavits were sworn statements or not.

At this point, there was a “sidebar” at least an hour and fifteen minutes long to discuss the introduction of witness affidavits. Then Judge Sherry Stephens went to her chambers either to consult with other judges or to research case law. Then she returned for more sidebars.

af·fi·da·vit

noun

law : A written report which is signed by a person who promises that the information is true.

: A sworn statement in writing made especially under oath or on affirmation before an authorized magistrate or officer.

An affidavit was introduced through Dr. Geffner from a former co-worker of Arias’ in Palm Springs, California attesting to a drastic change in her personality towards the end of 2006. Previously, in the guilt phase, Arias’ former boyfriend, Darryl Brewer, had testified to just such a change.

Now we can get to the dark parts for the defense.

court roomAn affidavit was introduced by Dr. Geffner, signed by one of the defense mitigation witnesses who we now know to be former Alexander acquaintance Marc McGee of New Zealand. We know this because Marc McGee has been vocal in social media, and many trial watchers, reporters and bloggers knew this information was coming from him. The other reason we know this is because Juan Martinez decided to say the name of the author of the affidavit several times in open court, even though it was agreed upon not to divulge the names of the authors/witnesses. At this point what do you think happened? That’s right – Kirk Nurmi motioned for a mistrial. Motion denied, but the Judge admonished Martinez for naming the secret witness more than once. Martinez came out again, blurted out the witness’ name AGAIN, and then he said “Crap!”

The next day, Nurmi took another shot:

kieffer lg brtMichael Kiefer @michaelbkiefer  ·  17h 17 hours ago

Nurmi brings up that he asked that Martinez be held in contempt for stating secret witness’ name yesterday after being admonished by judge.

The two main points in the affidavit of “witness #1” are these:

  • A January 2001 incident at the Bishop’s residnce in Riverside, California where the witness claims to have witnessed Alexander forcibly grabbing and pushing his girlfriend, Deanna Reid, down on a couch and saying “Get it through your f*cking head, I’m not going to marry you.” The witness says his fiancée then provided some first aid to Deanna Reid’s wrists.
  • The same witness also recalled that while looking at files on the Bishop’s computer, as the witness lived at the Bishop’s residence at that time, a file popped up containing photos of child porn. The witness said it came from a user account or folder belonging to Travis Alexander. The affidavit then states that he had a private conversation about the porn with Travis Alexander in a car outside the Bishop’s home. The witness stated Alexander admitted he downloaded the porn, he had an addiction, and that he was sexually abused at age eight.

Jennifer Willmott then drew comparisons to an event where Alexander allegedly grabbed Arias and refused to let her leave his bedroom.

Later, on cross-examination, prosecutor Juan Martinez made the point that since the witness saw the child porn, the witness broke the law and was also guilty of viewing child porn. The child porn allegation includes no evidence or other witnesses, and it’s doubtful that Alexander would make such a damning confession to a mere acquaintance. Also, social media comments from the witness during and after the guilt phase of the trial mention porn in relation to Alexander, but not child porn. Further, the witness, from previous statements on Twitter etc., revealed that he is entirely in the defenses’ corner, seems to crave the limelight and attention, and seems to have an axe to grind with Travis Alexander over some previous incident.

As for the claim about Alexander forcefully pushing Deanna Reid down on a couch in late 2001, there are problems with that, too. First, the witnesses initially gave a date the alleged incident occurred, but it was at a time when Deanna Reid was away on an LDS mission in Costa Rica. The witness then corrected the date to December, 2001, but another problem cropped up.

Travis and deannaFirst, Deanna Reid seemed like a very honest witness, highly credible and reliable. She testified that Alexander NEVER put his hands on her in anger NOR raised his voice to her EVER. Second, Deanna Reid testified that she was not even contemplating marriage to Travis Alexander until 2005, when she broke up with him because he was dragging his feet on the issue. In addition, in December 2001, Deanna and Travis were just getting reacquainted, seeing each other at church and meetings occasionally, and talking about dating steadily again. This makes it doubtful that Reid and Alexander, who had actually dated for only a couple months by the end of 2001, could have had an argument over the subject of marriage, much less an argument that turned physical or violent over marriage.

(Excerpt from CroakerQueen123 video. For the full video, please click on this link: CroakerQueen123

For all CroakerQueen123 trial videos, please click here CroakerQueen123 trial videos  )

Deanna Reid, a prosecution witness, talks about her relationship with Travis Alexander.

So, Witness #1, Marc McGee, is giving testimony via affidavit on two major points and both allegations end up being highly questionable and problematic. No doubt Deanna Reid will appear in person on the witness stand to answer those allegations. This brings up a good question – What is the defense team doing? They brought in a critical witness but they did not properly vet his statements. Meanwhile, trial watchers were saying on the very same date the Tweets flew out of the courtroom that there was trouble with these allegations. Trial watchers picked right up on the problems with these statements, but the defense didn’t?

Another question is: Did the defense know this was a bad idea to use this witness and that his allegations were highly questionable and used him anyways? If so, the culprit might be Jodi Arias herself. Did Jodi Arias, possibly with the help of Simon Johannson, Ben Ernst, or others from the JodiAriasIsInnocent.com crew demand that this witness be introduced? Did they insist on bringing in Marc McGee despite the damage his poor testimony could cause?

This also brings up serious questions about why witnesses refused to testify unless the courtroom was cleared. Why would a man living in New Zealand, who had no trouble spouting off on social media about this case before, now be afraid to testify in a public trial?  Prosecution Supporters were upset about this weeks ago. I just thought there must be some rational reason for the secrecy, but now I can no longer defend that position. I see no reason at all why Mark McGee should refuse to testify in open court.

It’s not really his life that’s at stake here, is it? If a witness cannot get up on the stand and stand up for Jodi Arias, then why come forward in the first place? The prosecution is going to present live witnesses in rebuttal to all this, and that’s much more powerful than paper statements from witnesses who don’t want to risk anything.

jennifer willmottIt’s either really bad work by the defense, or they allowed Jodi Arias (and crew?) to drive the train and introduce this witness, knowing the harm it could cause. Either way, it’s a stunning defeat for the defense. There’s just no way to rationalize it or to describe it any other way. One really bad affidavit now casts a shadow on any subsequent affidavits from any other witnesses. It was an absolute disaster.

Beyond that, how is this mitigation? People are asking this question, but this evidence was given to back up enumerated mitgator #5: “Ms. Arias suffered both physical and emotional abuse during her relationship with Mr. Alexander”. It does apply to mitigation, because if it can be shown that Alexander physically abused another girlfriend, then it could be more likely he physically abused Arias. If there are other connections with child porn, Arias’ statements become more believable. The defense needs to prove these mitigators true by a preponderance of the evidence and they’re critical to saving Jodi Arias’ life. The defense cannot afford to introduce any more evidence that can heavily damage any of the enumerated mitigators.

Well, they just did exactly that, and it’s not going to get better, it’s probably going to get worse.

Sparks flew when direct examination of Dr. Geffner ended and cross began. Juan Martinez sprang up out of his chair ready to pounce. There were a lot of ‘Yes or No’s? and a lot of ‘Did I ask you that’s?’

kieffer lg brtMichael Kiefer @michaelbkiefer  ·  Jan 21

Willmott is done. Martinez jumps up to cross examine. Already with the “yes or no” please. Willmott objects. Time elapsed: about 20 seconds.

kieffer lg brtMichael Kiefer @michaelbkiefer  ·  Jan 21

Martinez goes to the affidavit about the child porn at the bishop’s house in Riverside. 

kieffer lg brtMichael Kiefer @michaelbkiefer  ·  Jan 21

Says witness #1 gave a different story about the photographs on the computer. Martinez asks for yes/no. Geffner says he doesn’t understand

kieffer lg brtMichael Kiefer @michaelbkiefer  ·  Jan 21

“Yes or no?” “Yes or no, what?” Did Alexander “own” those photos?” “I don’t know if the word ‘owner’ came up.”

Prosecutor Juan Martinez continued to attack Dr. Geffner in a flurry of questions, perhaps hoping Geffner would lose control of his water again. There were questions about the affidavit. Did Alexander admit it was his porn at the Bishop’s residence in Riverside, California? Why did Witness #1 have to change the date of the Deanna Reid pushing-down-on-the-couch incident? Why was witness #1 mixed up on the dates to the point he needed to change the date to December, 2001?

At some point, Martinez reaches into his arsenal of bombs and missiles, and threatens to pull out the cat story, not admitted into the guilt phase of the trial, where Jodi Arias supposedly squeezes a cat “too hard”. Martinez is now claiming that she ‘squeezed the cat to near unconsciousness’. Juan wants this in bad. He knows people know that many of the most dangerous serial killers started out by torturing and killing small animals. Martinez also knows that this is highly prejudicial, and would be very effective in a jury of many younger women. Somehow, evidence that was not allowed to be admitted in the guilt phase of the trial is now being allowed in.

kieffer lg brtMichael Kiefer @michaelbkiefer  ·  Jan 21

Martinez asks complex questions and asks for yes/no, he talks fast, cuts off answers to get witness off balance. Very effective technique.

kieffer lg brtMichael Kiefer @michaelbkiefer  ·  Jan 21

“Turn it over, there’s something else on it…”

kieffer lg brtMichael Kiefer @michaelbkiefer  ·  Jan 21

Martinez hands an exhibit to Geffner. “Why don’t you take a look it it…Take a look at it..Look at all of it…Look at the next page…”

kieffer lg brtMichael Kiefer @michaelbkiefer  ·  Jan 21

Martinez hammers the question about whether Travis Alexander denied the porn was his, and when Geffner answers, he shouts, “yes or no?”

kieffer lg brtMichael Kiefer @michaelbkiefer  ·  Jan 21

Martinez berating Geffner, “Don’t tell me, I’m asking you to put your eyes to it.”

juan fit 12

Martinez refers to Alyce LaViolette as “Psychologist #1”, furthering the misunderstanding that LaViolette is a psychologist. She’s not. She’s an MSW (Masters in Social Work), a Domestic Violence expert and a Psychotherapist. Martinez brings up the time when LaViolette wrote in her notes that Jodi Arias caught Travis Alexander masturbating to pictures of young boys on the computer. Geffener says that was LaViolette’s misunderstanding and mistake, not Jodi Arias’. Martinez accuses Dr. Geffener of being a speculating ‘Hired Gun’.

Martinez delves into Geffner’s history of testifying in trials. How much money he made, whether he thinks his opinion is “the best”, and some controversial testimony in other trials. Martinez asks if Geffner is qualified to testify about the brain because he’s not a Medical Doctor. Geffner replies he’s a neuropsychologist, so he is qualified to testify about the brain.

Martinez then questions Dr. Geffner’s associations on boards with Dr. Miccio Fonseca, who testified earlier in the retrial. He also questions the presence of both Dr. Geffner and Jennifer Willmott at the same speaking engagement.  He then brings up the peeping incident at Alexander’s home, when Arias saw Alexander through the window with another woman in August, 2007, after “breaking up” with Alexander at the end of July.

This journal entry is just days after the peeping incident:

Aug 26 2007 Journal entry A
Aug 26 2007 Journal entry A
Aug 26 2007 Journal entry B
Aug 26 2007 Journal entry B
Aug 26 2007 Journal entry C
Aug 26 2007 Journal entry C

Dr. Geffner’s notes and timeline do not include the peeping incident. Here again, and for the umpteenth time, the defense shoots themselves in the foot by not supplying their witnesses with negative information so they can be prepared to answer difficult questions on cross. Witness preparation has always been sorely lacking on the defense side. They move on to questions about what defines “dating, seeing each other, and being in a relationship”.

Martinez then moves on to Witness #3 who stated that Jodi Arias was cheerful, never sexual, normal, and fun in Palm Desert, California in 2006. Then she changed drastically. Martinez asks if this may have been because Jodi Arias was in financial trouble and losing her home? But Jodi Arias changed before all that, according to Darryl Brewer.

Then they talked about the January 21st kick-in-the-ribs incident. Martinez states that Arias had sex with Alexander on the same day she claims she caught him in his bedroom with pictures of young children. What’s up with that? Then there’s a discussion about the fight Arias and Alexander had shortly before leaving on a vacation trip to Havasupai Falls. They discuss how Arias writes in her journal that Alexander apologized and Arias reported “it was 99% his fault”.

This Journal entry is written just days after the alleged rib-kicking, finger-breaking incident:

January 24 2008 journal entry
January 24 2008 journal entry A
January 24 2008 journal entry B
January 24 2008 journal entry B

Martinez believes that the Havasupai Falls Fight and the Peeping incidents are key incidents that say a lot about the bad behavior of Jodi Arias. The peeping incident because Arias and Alexander were broken up and Arias invades his privacy, stalks Alexander, spies on him, and confronts him with the information the next day. The Havasupai argument incident is key for Martinez because Arias blames Alexander for something that was not his fault at all – the unpacking of the contents of her backpack onto the kitchen table. Dan Freeman initiated that, because it was way too heavy to hike with. He was trying to help Jodi Arias, and Alexander was just there.

The questioning continues to Jodi Arias’ journal entry registering surprise when she’s told early June 10th that Alexander was found dead in his bathroom. Geffner states she knew he was dead, but he doesn’t know her “level of disassociation”. Martinez remarks how Jodi Arias omits details in her journal that are unfavorable to her, especially about the Havasupai Fight. Geffner replies that people omit all kinds of details in diaries, both favorable and unfavorable. Geffner also says Arias omitted negative things because she was following the Law of Attraction, where efforts to think of only good thoughts will supposedly attract only good things to your life.

This journal entry is written the day after Alexander’s body was found:

June 10 2008 journal entry A
June 10 2008 journal entry A
June 10 2008 journal B
June 10 2008 journal B

Questioning then moved to Alexander’s position on the bed when Arias allegedly caught him masturbating to children’s pictures. He was reportedly kneeling, which Martinez is skeptical about. Martinez asks Geffner why he described Alexander as manipulative, and Geffner responded that he described certain behaviors as manipulative, not the person. Martinez likes to switch subjects suddenly and skip around the timeline to throw witnesses off. He switches to questions about the forensic computer expert “John Smith” and a teen sex website link found on Alexander’s computer.

Next, Juan projects questions from psychological tests on the wall, and Geffner protests that these are copyrighted tests, and they’ll be invalidated by broadcasting the questions to the general public. The inevitable sidebar is called. Judge Stephens orders court cameras turned off and they proceed. Next are questions about the PTSD test that Dr. Samuels gave, after Arias changed her story about what trauma she experienced.

Finally, Juan brings in the famous 18-page letter Jodi Arias wrote to the Alexander family on July 28, 2008, Travis’ Birthday. This letter was not allowed into evidence in the guilt trial for being too prejudicial to Jodi Arias. This is the second serious defeat for the defense. We have wondered exactly what was in that letter, and now we know:

Jodi Arias 7 28 letter to Alexander family

The first thing that stands out with this letter is that Arias knows this letter will be seen by the police and could be used for evidence. She even says so in the letter. Jodi Arias later stated after being arrested for murder, that she did not want to admit to killing Travis because she did not want to get into the specifics of the relationship which would be embarrassing and reflect badly on both Travis and herself.

Yet, she talks about how the couple had to avoid Deanna Reid because she gets very jealous, about everything being part of God’s plan, and about how she discovered sexual text messages with multiple women in Travis’ phone in July, 2007.

She writes about how she broke up with him and how he begged her to move to Mesa, how he cheated on Her and Lisa Andrews, about having a confession session with Travis where he admitted he had been dating Lisa Andrews, about how Travis became enraged when Jodi talked about her love interests and dates, and about Travis being cruel to her and abusing her.

Remember that this letter was sent to Travis’ devastated family, his grandmother and his 7 siblings.

juan fit 11She writes about how Travis was begging her to come over for late night romps, how he ‘guilted her’ if she refused. She wrote about how Travis beat her and how she covered up the bruises, about her leaving Mesa and moving back to Yreka, about how Travis was extremely angry, and how she pitied him and felt sorry for him for the way he got angry and abused her.

She talks of how upon telling him of new love interests and dates, he branded her “a whore”, and about how she was helping him to court Mimi Hall.

She writes about how Travis planned to travel up to her area to see 3 more of the 1,000 Places to See Before You Die * ( Crater Lake, The Oregon Coast, and the Shakespeare Festival in Ashland, Oregon), how Travis later guilted her into diverting to Mesa, Arizona from her planned trip to lower California and Utah on June 2-6, 2008.

* If you listen closely to the phone sex conversation, you will notice that every time Jodi Arias mentions getting together or Travis coming up to Yreka to travel in Oregon, he stops talking or changes the subject. You will notice that happens several times. Then he finally agrees, but his plans are very vague.

Then she starts giving a very detailed account of the killing on June 4th, 2008. This is the Ninja story where she is taking photos of Travis in the shower when she hears a loud “pop”. Travis is shot by one of two intruders. He is on his hands and knees and screaming. Jodi charges the female intruder and knocks her over. She grabs Travis and tries to escort him out of the bathroom. Travis says he can’t make it and he can’t feel his legs.

The female intruder says we didn’t come here to kill Jodi Arias and the male threatens her family if she tells. The male and female intruder have an argument. The male intruder then changes his mind and points the gun at Jodi’s temple and fires, but the gun doesn’t go off. She brushes by the two intruders and out of the bathroom leaving Travis behind. She peels out of the driveway.

Jodi Arias even supplies details such as she backed out of the driveway keeping an eye on the front door, backing up without even looking at what was in the street. She even supplies witnesses, two blonde girls, a 9 year-old and a 14 year-old, who saw her as she cruised out of Travis’ neighborhood.

Then she talks about Travis’ kindness and generosity and how much she misses him. She makes the remark that some souvenirs Travis had in his home from their trips together, which are probably in their possession now, were bought by her. She writes again about how they both planned to conquer the 1,000 Places To See Before You Die. She gives more references to God’s will and adds some scripture, and explains why she smiled for her mug shot. She writes about how God is just and fair, how they will find and punish whoever did this someday, and about how Travis is close by and living in Heaven.

She goes on to say that Travis had retaliated against her physically on two occasions, but that he did nothing to deserve his horrific murder. She says she wasn’t jealous at all about not being asked to go to Cancun with Travis. She says she harbors no hostility towards Travis and knowing him was one of the great blessings of her life. She’s forgiven Travis for being unfaithful to her, and his family is in her thoughts and prayers.

jodi lg btThen she lets the family of the victim know that she will not spend a single day in prison for a heinous crime in which she had no part.

She mentions physical abuse in this letter, written just 7 weeks after the killing which goes against both the Law of Attraction and her stated goal of not edifying Travis in a negative way.

On the other hand, her claims of physical abuse are very consistent.

To get the full effect of the letter, you really need to imagine your son, grandson, or brother was just found in his bathroom in the state Travis Alexander was found in, then imagine you were told by the Mesa Police they were 100% sure that Jodi Arias did this. You are then told she has been indicted, charged, and arrested for your relative’s murder, then you receive this letter about 7 weeks after the body is found.

Read it several times. There are really only two conclusions a reasonable person could come to:

  • Jodi Arias is selfish, cruel and inhuman, with absolutely no concept of other people’s feelings or pain.

Or

  • Jodi Arias is severely and seriously mentally ill.

Any way you look at this letter, even in the light most favorable to the defendant, there can only be these two possibilities. These people just lost their family member, and she is talking about souvenirs from trips, about Travis’ cruelty and abuse, about herself mostly, and about Travis’ anger and rage. There is just no way any reasonable person could be that callous and insensitive to write the things she writes to a family that just lost their loved one in a brutal killing. There’s just no way she could have not really meant it that way. There is no possible interpretation of this letter that’s favorable to Jodi Arias.

Others would offer a third possibility

  • Jodi was justified in committing this crime or did not commit the crime at all.

barwood

barwood 4

Now try to clear your mind of everything, and put yourself in the shoes of someone who was there and did commit the killing, but completely blacked out, and only remembers small bits and pieces, but she knows she was attacked and she was defending herself. Now read the letter again. Does it make more sense now?

dryson 1

Now put yourself in the shoes of a very confused person who does not remember what really happened, but she knows she did not commit the killing. Now read the letter from this perspective. Does the letter make any more sense now?

“Dryson Bennington” believes that Travis’ roommate, Enrique Cortez, witnessed Travis having that conference call he was scheduled to have on June 4, 2008 at around 6:30 PM. The obvious problem with this is that his fellow PPL’ers stated Travis missed that conference call. No one has come forward to say they were on a conference call with Travis at around 6:30 PM on June 4, 2008.

I agree that the two roommates, Zach and Enrique, could not remember exactly when they saw Travis last, when they did their laundry last, and why they didn’t think it strange that Travis’ CTR ring (‘Choose the Right’), keys and wallet sat on the kitchen counter for 5 days when they thought he was in Cancun. It’s a little strange, but they were cleared in this matter, and it doesn’t seem like a promising lead to me. Dryson Bennington, a fellow Jodi-supporter, blocked me on Facebook shortly after this, when I was questioning his statements.

Jen from The Trial Diaries, a prosecution supporter, blocked me on Twitter, for whatever reason. I questioned something she said. I guess if someone disagrees with you, just block them and you never have to justify your statements or question your own ideas and assumptions. 🙂

But please be objective. Setting aside all other evidence, from which perspective does the letter make the most sense?

  • She planned it, she did it, and she knows she did it.
  • She did it, but she was attacked first and she defended herself, but remembers little.
  • She remembers little, she was there but she did not have any part in it.

This letter does serious damage to a case for Life for Jodi Arias. Presumably it will be in the jury room for the jury to read. Juan Martinez will be sure to see that they all read it. Many people think this letter is subtly, stealthily and deliberately heartless and cruel. Others believe it’s totally blatant and not really hidden at all. Few people see how this could just be an effort to ingratiate herself with the Alexander family and try to rationalize and divert blame and responsibility for the murder onto someone else. Fewer people still, believe that this letter can be explained and rationalized if the person committed the killing, but blacked out and doesn”t remember most of what happened, or was not involved at all.

I see it as more evidence that Jodi Arias has a severe and serious mental illness. I don’t see this as wholly deliberate, but beyond her ability to control it, or to fully realize the magnitude of what she is doing and what she has done.

When you couple this letter together with the affidavit of witness #1, the defense has taken a very serious blow this week. Some trial watchers have reported that this week changed their minds from wanting Life for Arias to wanting Death for her. Many trial watchers have reported that they feel that a sentence of Death is now far more likely than a Life sentence just on account of the events of last week.

judge sherryJuan Martinez has many, many more missiles and bombs in his arsenal to rain down on Jodi Arias, some of these may even be nuclear. The defense cannot afford to stumble again like they did last week. They need to find a way to counter these severe blows and others like them that surely will follow.

jodi arias sleeveless 2 ltThis thing with Marc McGee has been a disaster so far, and they need to fix it. It just makes a person wonder who will be the next star witness? Were these mitigation witnesses selected by the defense team or were these witnesses Jodi Arias insisted on including regardless of the defense team’s advice? Are Marc McGee and other possible witnesses the product of Jodi Arias listening to and believing in Simon Johannson, Benjamin Ernst and others from the crew at Jodi Arias Is Innocent.com?

Entering that letter into evidence was no fault of the defense, but the letter contradicts other statements Jodi Arias made. The Affidavit evidence needs to be as unassailable as possible. It does no good to enter into evidence things that will do far more harm than good for your case.

Whoever is behind this is steering her down the road to the execution chamber. I’m saying this as a Jodi Arias supporter: As of last week, the worm has turned and a unanimous sentence for Death has become a real and glaring possibility.

Do You Concur?

dod do you concur

Comments from all perspectives are welcome. You can also comment on our FB page:

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Reader: Your Arias trial ‘Holy Grail’ felony murder charge article is baloney

Reader: Your Arias trial ‘Holy Grail’ felony murder charge article is baloney

by Rob Roman & Amanda Chen

liberty-bell-at-independence-hall-1901-padre-art

Did “Cate” decimate our Arias trial felony murder arguments?  It’s complicated.

“Like a wrecking ball’ –  One of our Readers decimates our Arias Trial felony murder argument?

miley_cyrus_wrecking_ball

One of our readers read our Holy Grail article about how we believe the 1st degree Felony Murder charge was bogus.

https://spotlightonlaw.wordpress.com/why-the-felony-murder-charge-is-the-holy-grail-of-the-jodi-arias-case-nov-5-2014/

“Cate” believes that Judge Stephens and Juan Martinez were correct and that Kirk Nurmi, Vladimir Gagic, Amanda Chen and Rob Roman are wrong about the validity and the application of the Felony Murder charge. “Cate” supplied some very good case law on this issue.

 

In our last article, we were asking a number of questions about the Felony Murder Charge:

  • Does it make sense that in Arizona, you can find someone guilty of BOTH Felony Murder (an unplanned murder) AND Pre-meditated murder (a planned murder)?
  • Does the felony murder charge correctly apply to the Arias case, or was the charge kept solely to give the jurors another choice of 1st degree murder (in a sort of heads I win, tails, you lose situation for the prosecution)?
  • Can you be found guilty of felony murder (A death occurs in the course of another dangerous felony) based on burglary with intent to commit the murder?
  • Is this a legitimate charge under the facts of State v. Arias?
  • Were the 7 jurors who found for felony murder correct or not?

It's complicated lg

We needed to dig deeper into the issue to get to the bottom of who’s right and who’s wrong about this. I’m going to make this as easy to understand as possible, easy enough for even me to understand. The citings and cases are all here for you to look at in more detail if you like.

“Cate” offered up an appellate case which had most of the relevant case law regarding the felony murder rule in Arizona, and how the elements of the felony and the elements of the murder can now be, in some cases, the same.

The appelate case is State v. Moore, argued in the Arizona Supreme Court.

az_moore_j

State v. Moore

http://supremestateaz.granicus.com/DocumentViewer.php?file=supremestateaz_34a4d3c5c51b1eedea7eb5b74365035c.pdf&view=1

Moore: It’s not felony murder because I can’t be charged with felony murder based on a burglary that is itself based on the intent to murder.

The Court: Yes, you can, and you did.

 

“Relying on State v. Essman, 98 Ariz(1965), Moore also argues that under the merger doctrine, felony murder cannot be predicated upon a burglary that is itself based on the intent to murder.”

State of Arizona v. Julius Jarreau Moore is an appeal of a death sentence for a man who killed 3 people. One murder victim was outside the house with a woman who also was shot, and 2 murder victims were inside the house. Sergio Mata, Guadalupe Ramos, and Delia Ramos were all shot to death in their rental home and Debra Ford was shot and survived. The crimes took place during a flurry of crack smoking.

'This is a textbook case of homicide.'

“Debra Ford went to the Phoenix apartment of Sergio Mata, Delia Ramos, and Guadalupe Ramos to purchase and smoke crack in the late evening hours of November 15, 1999. In the early hours of the 16th, Moore came to the apartment looking for Debra. When Debra came out to see Moore, they talked for a bit and smoked some crack.

Shortly after, Sergio came out of the apartment and Moore shot him in the head, killing him and then turned to Debra and shot her in the neck.

Debra remained alive and conscious while praying for her life. She heard several additional shots fired while she was on the ground. When police arrived and went into the apartment, they found Guadalupe on the couch and Delia inside the bedroom closet. Both were shot to death. Debra survived and testified against Moore during trial.”

Sergio was shot outside the apartment building in a public area, and there was evidence of pre-meditation, so his murder was charged as a premeditated murder. Guadalupe and Delia were shot inside the home, it appeared as if Moore’s motive was to steal drugs, and there was some reflection, so those two murders were charged as both premeditated and felony murders.

The felony murder was first based on burglary – theft, but the prosecution changed it later and based it on burglary – assault, possibly because they had more evidence of the assault than the theft.

The trial was in 2002, the jury found for the aggravator of multiple murders, but did not reach consensus on the aggravator of cruelty. The case is interesting because right during the penalty phase, Moore’s medical expert had a heart attack, causing a mistrial. Moore had a new aggravation and penalty phase in 2007, the jury found the same aggravator and sentenced Moore to death.

 

Our felony murder argument being destroyrd by one of our readers.
Our felony murder argument being destroyrd by one of our readers.

In the mandatory appeal before the Arizona Supreme court, Moore cites a number of issues. The relevant one to the Arias case is this:

Relying on State v. Essman, (1965), Moore also argues that under the merger doctrine, felony murder cannot be predicated upon a burglary that is itself based on the intent to murder.

 

State v. Essman (1965)

Essman: It’s not felony murder because the felony and the murder are the same thing.

Felony Murder does not apply when the felony is included in (Merged into) the charge of homicide.

Court: Yes, we agree.

 

Essman is in itself an interesting case. Essman was home and cleaning his gun with his daughter in a near bedroom. He began playing around with the gun. His wife came home and told him to put the gun away before someone gets hurt.

Essman said something like “See? It’s harmless”, as he pointed the gun at the family dog and fired twice. Nothing happened because Essman had emptied the revolver. Then he aimed the gun at his wife and pulled the trigger. The gun went off and killed her. Apparently there was one bullet left in the chamber. Jerk.

https://www.youtube.com/watch?v=ylqEN7J3GLA

 

In his instruction on second degree murder the judge in Essman instructed the jury that the felony-murder doctrine applied where the felony was assault with a deadly weapon. The pertinent portion of the instruction was “when the killing is done in the perpetration or attempt to perpetrate a felony such as assault with a deadly weapon.” The felony-murder doctrine does not apply where the felony is an offense included in the charge of homicide.

The felony murder doctrine basically states that any death caused during a dangerous felony becomes a 1st or 2nd degree murder.

 

The decision quoted People v. Moran 246 N.Y. 1927

“The acts of assault merge into the resultant homicide, and may not be deemed a separate and independent offense which could support a conviction for felony murder.”

 

In the appeal of State v. Moran, Chief Judge Cardozo quoted State v. Huter

“To make the quality of the intent indifferent, it is not enough to show that the homicide was felonious, or that there was a felonious assault which culminated in homicide”. People v. Huter 184 N.Y.

“Making the quality of the intent indifferent” means that the intent needs to be to commit a felony which causes a death, rather than an intent to commit a murder. Remember in felony murder, the death caused could be accidental (heart attack, death of a bystander, etc) or intentional (sudden decision to kill, foreseeable consequence of felonious activities).

“Such a holding would mean that every homicide, not justifiable or excusable, would occur in the commission of a felony, with the result that intent to kill and deliberation and premeditation would never be essential.” People v. Wagner 245 N.Y.

 

– And this is why most states practice this kind of common law.

“The felony that eliminates the quality of the intent must be one that is independent of the homicide and of the assault merged therein, like robbery or larceny or burglary or rape.” 246 N.Y.

This is the Merger Rule. When the predicate felony of a felony murder merges with the actual murder itself (assault, aggravated assault, assault with a deadly weapon), the merger rule applies and the crime cannot be charged as a Felony murder.

It's complicated

 

Why is this so important?

In the case of 1st degree murder, if the crime can be charged as a Felony Murder, two things happen:

 

First, there are no lesser included offenses or degrees of the crime. You either get convicted of the highest degree of murder, or you are not convicted. It’s all or nothing.

With Pre-mediated Murder, the jury can decide on lesser offenses and lower degrees of the crime (2nd degree Murder, Heat of Passion, Manslaughter), so you do not necessarily get convicted of the highest degree of murder.

 

Second, intent to murder no longer  has to be proven, only that a death occurred during an intent to commit a dangerous felony.

It might be advantageous for the prosecution to charge felony murder over premeditated murder, because a conviction would be of the highest degree, and intent to kill doesn’t need to be proven.

 

This is why the Merger rule is meant to prevent a murder with no dangerous felony other than the murder itself from being charged as a felony murder.

A serious problem with the Arias case is that the prosecution never really specified prior to trial exactly what the felony defining the burglary was, meaning the Felony part of the felony murder is Burglary with intent to …….?

 

It’s not even specified in the jury instructions, the way it is in other cases. It merely says burglary with intent to commit any theft or felony.

So what’s the felony in the felony murder charge in the Arias case?

 

SWCC bell

In Moore, State v. Miniefield is also cited. You can hear Kirk Nurmi discussing this on day 9 of the trial (we included the video and where to find it in the Holy Grail article).

Miniefield basically got drunk and went ballistic trying to kill a guy he got angry at. He had at times, a handgun, a shotgun, and finally, Molotov Cocktails. He finally managed to set the guy’s house on fire and the guy’s young daughter was burned to death.

Kind of makes it difficult to root for this guy in his appeal, doesn’t it?

 

It's complicated lg

 

State v. Miniefield (1974)

http://law.justia.com/cases/arizona/supreme-court/1974/2763-0.html

This guy wanted the felony murder conviction dropped so badly, he was even willing to admit to pre-meditated murder.

stock-footage-activist-man-face-violence-molotov-cocktail-burning-danger

 

Minefield: It’s not felony murder because I intended to murder the victim.

It’s not felony murder because the arson was not independent of the homicide.

Court: Yes, it is felony murder and the arson IS independent of the homicide.

 

“Later Arizona cases implicitly rejected the broad language in Essman suggesting that the predicate felony must be “independent of the homicide.” For example, in State v. Miniefield, the defendant argued that it was fundamental error to charge him with felony murder by arson because “the arson was merely the use of fire to attempt to kill the victim.”

The Court rejected this argument by noting that the felony murder statute provided that when a person commits arson and the arson results in death it is first-degree murder. “The statute does not draw a distinction between a person who intends to kill another by fire and one who only intends to burn down a dwelling house and accidentally kills one of the occupants.”

 

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See the logic there? Arizona doesn’t care if premeditated murder and felony murder, seemingly mutually exclusive, are both charged and both found as long as the basic elements of each theory are proven.

Most recently, the Court distinguished Essman in State v. Dann (Dann I), (2003).

“There, the defendant argued that because he intended to murder a victim rather than assault him, he could not be convicted of felony murder.

 

Noting that the defendant did not dispute that felony murder could be predicated on burglary based on intent to commit assault, the Court held that sufficient evidence supported the finding of the predicate offense. The Court further observed that the merger rule does not apply in cases in which the separate crime of burglary is alleged.”

Meaning that it helps a felony murder charge, to have a separate charge for the felony.

The Jodi Arias case did not have a separate charge for felony.

 

“Moore complains that the State, while charging felony murder based on burglary, did not specify until the settling of jury instructions, and after the close of evidence, that burglary would be defined by his intent to commit murder rather than theft.”

Prosecutor

Arizona prosecutors sure like to keep secrets from the defense, don’t they?

“We agree with Moore that Blakley implies that the state should identify before trial the particular felony that will be used to define burglary when the latter crime is the predicate for felony murder.”

 

Moore was indicted for and convicted of two counts of premeditated and felony murder for the murders of Delia and Guadalupe, one count of premeditated murder for the murder of Mata, one count of attempted first-degree murder for the injuries to Ford, and one count of first-degree burglary. The trial court was to sentence Moore in August 2002, but the hearing was vacated after the Supreme Court held that Arizona’s capital sentencing scheme was unconstitutional. See Arizona v. Ring (Ring II), (2002).

 

Clarence Thomas, Antonin Scalia, John G. Roberts, Anthony M. Kennedy, Ruth Bader Ginsburg, Sonia Sotomayor, Stephen Breyer, Smauel Alito Jr., Elena Kagan

Arizona v. Ring (Ring II), (2002). Is a landmark case which held that juries, not judges, should decide the death penalty mitigators and aggravators and decide on life or death.

 http://www.deathpenaltyinfo.org/us-supreme-court-ring-v-arizona

Landmark cases are sometimes based on the trials of real pieces of ……… work, like Ring.

 

“In November 2004, the trial court empanelled a jury to determine Moore’s sentence. The State alleged two aggravators: that Moore murdered Delia in an especially cruel manner, and that Moore murdered multiple persons on the same occasion. The jury did not reach a verdict on the (F)(6) aggravator, but did find the (F)(8) aggravator. Before the penalty phase concluded, the court declared a mistrial because Moore’s medical expert suffered a heart attack.

Moore was another endless case.

 

Why felony murder is so contentious:

Remember that Felony Murder means that if someone dies in the course of a dangerous felony, that death can become a 1st degree murder. A defendant could get life in prison or the death penalty. While Premeditated Murder includes lesser charges a jury could decide on.

There’s a famous case where a man goes into a home with a gun to rob it. He hears a sound and changes his mind and runs out of the home. On the way, he trips over a wire falls and the gun goes off. Unknown to him, there was a person behind the wall who was shot and killed. The man leaves thinking the worse thing he did was the gun went off. He was arrested for felony murder and faced the death penalty. This is because he attempted a burglary and in the course of the attempt, he caused the death of a person.

This is the landmark U.S. Supreme Court case of Furman v. Georgia.

http://www.floridalawreview.com/wp-content/uploads/2010/01/ShatzA2.pdf

 

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Scary to think that because of the felony murder law, the man faced the death penalty for what was otherwise an accidental shooting. Without the felony of burglary – theft, this would normally be a 2nd degree murder at most or manslaughter.

So, there are lots of consequences, sometimes unintended, when applying the law to the facts of a case or deciding how a defendant will be charged.

– and sometimes they are intended.

 

dann_20120308094336_640_480

State v.Dann (2003)

http://supremestateaz.granicus.com/DocumentViewer.php?file=supremestateaz_510ea0c0c124b6f12fd2ce54a0d0ad2d.pdf&view=1

Dann: It cannot be Felony Murder if I enter the home in order to commit premeditated murder.

Court:  It is felony murder because the felony was burglary with intent to commit assault. In the course of that felony, you caused the death of a person. There is sufficient evidence to find intent to assault.

 

“The jury found Dann guilty of felony murder on all three murder charges. The predicate offense for the felony murders was burglary, which, in turn, was predicated on an intent to commit aggravated assault. The State charged that Dann went to the apartment intending to shoot Andrew, which constitutes an aggravated assault.

Dann asserts that the evidence showed that he entered Andrew’s apartment intending to murder Andrew, not assault him; therefore, he argues, the only felony offense to support the burglary charge was murder, not aggravated assault.”

 

“This results in ‘bootstrapping’, Dann maintains, because the State is saying that he committed felony murder because he entered the apartment intending to commit premeditated murder.”

 

 

 

The Court held that sufficient evidence supported the finding of the predicate offense. The Court further observed that “merger does not apply in cases in which the separate crime of burglary is alleged and established.”

“Dann I and Miniefield defeat Moore’s argument that felony murder cannot be predicated on a burglary that is based on the intent to murder. The felony murder statute, A.R.S.§ 13-1105(A)(2), does not distinguish between burglaries defined by intent to commit assault versus intent to murder.”

130712171019-04-zimmerman-0712-horizontal-gallery

 

In Arizona, yes you can!

So who is right about the Arias case? “Cate” and Juan Martinez and Judge Sherry Stephens and The Supreme Court of Arizona or Amanda Chen and Rob Roman and Kirk Nurmi and Vladimir Gagin?

“Cate” made the comment that legal interpretations and decisions should be left to the professionals (Prosecutors and Judges), and not to layman blog writers. She forgets that Nurmi and Gagin are experienced criminal defense attorneys in Arizona, and they say the felony murder charge is in error.

 

“Cate” also forgets I went to law school as did Amanda, I’m a paralegal working in Federal and State Civil Litigation with an emphasis on the Disabled. I think I can give it a shot.

 

“Cate” made a big legal boo-boo. She forgot that in State v. Moore, all those cited cases and the appeal apply to State v. Moore. They do not necessarily apply to State v. Arias.

 

Now let’s bring down all the questions from the top of this article and see if these cases have answered our questions:

  • Does it make sense that in Arizona, you can find someone guilty of BOTH Felony Murder (an unplanned murder) and Pre-meditated murder (a planned murder)?

Yes, it makes sense – in Arizona. You can find a defendant guilty of both premeditated murder AND felony murder. You can see that it’s a correct verdict in State v. Moore, because Moore was convicted of both 1st degree premeditated murder and felony murder of 2 victims.

 

So, to clarify, you can be found guilty under both theories of first degree murder IF, in the course of a dangerous felony, you commit pre-meditated murder. That’s the reality in Arizona.

This seems to be only in Arizona, as far as I know. It seems like this gives prosecutors two bites at the apple, though.

 

Arizona seems to like those second bites at the apple, as shown in their nifty little ‘if at first you don’t succeed (at the death penalty) try, try again’.

  • Does the Merger rule apply in Arizona? Can you be found guilty of felony murder based on a burglary with intent to commit murder?
  • Can Juan Martinez use an intent to assault or murder as the basis for the Felony burglary in State v. Arias?

 

If the felony merges with the murder, then any murder would be a felony murder and there would be no need to prove pre-meditation, deliberation, or an intent to kill.

This is the law in most states. This was the law in Arizona. But, Arizona didn’t like that too very much, so they do it their way.

 

Later Arizona cases implicitly rejected the broad language in Essman suggesting that the predicate felony must be “independent of the homicide.”

These next three cases reflect that rejection of Essman:

 

 It's complicated lg

 

Moore:  How can I be guilty of Felony Murder based on a burglary with the intent to commit pre-meditated murder?

Court: Because we find you committed burglary with the intent to commit assault. In the course of this felony, you caused the death of a person. Have a nice day.

 

Other states have held that a felony-murder conviction cannot be based on a burglary intended solely to murder the victim. Arizona don’t give a squid what them there other states do.

“We have already recognized that Arizona’s felony-murder statute identifies burglary based on assault as a valid predicate offense”.

 

Miniefield: It’s not felony murder because I intended to murder the victim

Court: Your intention to murder the victim is of no consequence for the purposes of felony murder. Your intention was to commit arson because you did commit arson. Whether you intended to kill or not, doesn’t matter in felony murder. You set the building on fire and someone died as a result, Jerk.

 

Miniefield: I did not intend to commit arson, my intent was to kill the victim.

Court: You lit the Molotov cocktail and you threw it at the house.  How was that not your intention, sir?

 

Dann:  How can it be Felony Murder if I enter the home in order to commit premeditated murder?

Court: We have proof you entered the home to commit an assault. Also, we have a separate felony charge

 

Felony murder can be predicated on a burglary that is based on the intent to murder.

The felony murder statute does not distinguish between burglaries defined by intent to commit assault versus intent to murder.

 

  • Does the felony murder charge correctly apply to the Arias case, or was the charge possibly kept solely to give the jurors another choice of 1st degree murder, (in a sort of heads I win, tails, you lose situation) for the prosecution?

curious george

I would not put it past a prosecutor who tries to bring in evidence of “animal cruelty and torture” based on a vague, 3rd party report of a too tightly squeezed cat. After that monkey business with the order of injuries, I wouldn’t trust him anyways, nohow.

  • Can you be found guilty of felony murder (A death occurs in the course of another dangerous felony) based on burglary with intent to commit the murder?

Under some circumstances, yes you can.

  • Is this a legitimate charge under the facts of State v. Arias?

No. They can charge whatever they want, but then you have to wonder if there is an ulterior motive.

  • Were the 7 jurors who found for felony murder correct or not?

Incorrect. (but, it’s complicated)

 

It's complicated lg

 

CONCLUSION:

In Arizona, Yes You Can:

  • Prosecutors can charge a defendant with BOTH 1st degree pre-meditated murder AND 1st degree felony murder of a single victim. (Guess what? You can charge a defendant with anything you want – but, then you have to prove it)
  • Jurors can find a defendant guilty of BOTH 1st degree pre-meditated murder AND 1st degree felony murder (The verdict form proves it and State v. Moore proves it) (A juror can make any decision allowed by the jury instructions).
  • Arizona’s felony murder statute recognizes assault as a valid predicate offense.
  • prosecutor_tsukichima_in_action_by_tsukichime-d5v3t03
  • In Arizona the Merger Rule doesn’t always apply. The felony can incorporate some parts of the murder.
  • In Arizona the felony predicate does not need to be independent of the homicide
  • In Arizona, felony murder can be predicated on a burglary that is based on the intent to murder.
  • In Arizona, burglary does not distinguish between an attempt to assault and an attempt to murder.

 

crown_prosecutor_marie_grills_addresses_the_weathe_85063054a4

So, are Juan Martinez and Judge Stephens correct that the felony murder charge is a viable extra 1st degree murder charge under the facts of the Jodi Arias case?

Has “Cate” decimated all the arguments we made in the Holy Grail article?

Do Nurmi and Gagic and Chen and Roman have it all wrong and are their arguments are no good?

 

Uh………no. They’re still good. Here’s why:

 

In State v. Arias,

There is insufficient evidence to support the finding of the predicate offense of burglary with intent to commit theft.

There is insufficient evidence to support the finding of the predicate offense of burglary with intent to commit assault.

 

Although the Essman ruling used to be the law, where the merger rule always applied and a predicate felony needed to be independent of the homicide, that’s no longer true, because of the decisions in the above cases

Later Arizona cases implicitly rejected the broad language in Essman suggesting that the predicate felony must be “independent of the homicide.” The key here is “the broad language” That does not mean that the Merger rule never applies or that felony predicates can always be the same as the elements of homicide.

 

The important thing is that each element needs to be proven beyond a reasonable doubt to the jury. This means that to find for pre-meditated murder or felony murder, each element of the charge needs to be proven according to the requirements of the two separate theories.

 

So let’s take another look at the chart from the Holy Grail article, and see if we can find Jodi Arias guilty of Felony murder under the facts of the case.

To find Arias guilty of 1st degree felony murder, we need:

  • A predicate felony (We are told it is 2nd degree burglary)
  • A death caused in the course of that felony.

 

Jury Instructions:

CHARGED OFFENSE – FELONY MURDER

As stated earlier, Count 1 also charges defendant with First Degree Felony Murder. The crime of First Degree Felony Murder requires the state to prove the following two things:

  1. The defendant committed or attempted to commit Burglary in the Second Degree; and
  2. In the course of and in furtherance of committing Burglary in the Second Degree, or immediate flight from it, the defendant caused the death of any person.

An “attempt” requires the state to prove that the defendant intentionally did something which, under the circumstances she believed them to be, was a step in a course of conduct planned to culminate in the commission of the offense. The crime of

Burglary in the Second Degree requires proof that the defendant:

  1. Entered or remained unlawfully in or on a residential structure; and
  2. Did so with the intent to commit any theft or felony therein.

 

#1 As far as the first part of burglary, I will accept Juan Martinez’ explanation for now that once Jodi Arias started stabbing Travis Alexander, he revoked his permission for her to be there, and she was now remaining unlawfully in the residence.

Many people believe Alexander was shot first. Then, let’s say that once Arias ‘began her assault’ on Travis, she was no longer welcome and she was now remaining unlawfully in the residence.

 

Problem: Wait a minute, Juan is assuming intent to assault or intent to kill – take your pick. We don’t know exactly what happened in that bathroom. Reporters still want to ask Arias that question.

Let’s ignore that for a moment and move on.

 

#2 Remained unlawfully in the residence with the intent to commit any theft or felony therein.

Juan Martinez gave us the theft of the gun as defining the burglary. If we believe Arias’ account of the crime

(No premeditation, she brought no weapons with her, A fight breaks out, Arias shot Alexander with his own gun in self-defense, he kept attacking, she finishes him off with a knife, she steals his gun).

 

I say “No pre-meditation”, because for felony murder, pre-meditated or not makes no difference. Only an intent to commit the dangerous felony matters. You cannot use your finding of premeditation as proof of intent in a felony murder.

So theft of the gun fails as defining the burglary right here. Why? Because, Juan Martinez did not PROVE WHEN the intent to take the gun was formed. The intent could have been formed AFTER the killing (and most likely was). This means that the death would not be caused “in the course of and in furtherance of the burglary”.

 

Do you understand?

A death has to be caused as a consequence of Arias trying to steal that gun. If she forms the intent to steal the gun after he’s already dead, then the death is not a consequence of the theft.

“Cate” made a remark that maybe Juan might have been being facetious about the gun. I thought of that also, but I hope not, because this is somewhat of a serious matter.

 

So the gun theft fails. Let’s move on to the assault.

Jodi Arias remained unlawfully in the home. She did so with the intent to commit assault upon Travis Alexander.

Problem: Where is Juan Martinez’ proof beyond a reasonable doubt of intent to assault? There isn’t any, because Nurmi was right, there is no other felony. There is no other felony because Juan Martinez failed to PROVE it.

 

Well, I believe she pre-meditated the killing, isn’t that intent?

  • No, because pre-meditated or not makes no difference. It cannot be an element of intent to assault, or intent to kill. That has to be proven separately. Well, that’s really bizarre. Yes, but law is very bizzare sometimes.

Well, there’s the crime scene and the stabbed and shot body. No one else was there. It had to be Arias. Isn’t that intent to commit assault?

  • No. Because Juan Martinez didn’t prove beyond a reasonable doubt that Arias intended to assault Alexander.

 

Well, what about all that case law above?

  • Right. Did you see the Judge say hey, Moore, You were convicted of both premeditated AND felony murder? You dispute the felony murder, but, you premeditated it, so there’s the intent. He didn’t say that.

Did you hear the judge say, hey, Moore, you see that dead body? That proves your intent. He didn’t say that either.

 

What the judge said was, it doesn’t matter what’s in your mind, we have evidence that you were heavily engaged in crack smoking throughout, that you got a gun, that you told your gf you “weren’t going to stand for it” and to come and find you if you didn’ return. You showed a friend the gun and asked him for hrlp to “get”the victim. You entered the home with a weapon. There’s an eye witness. That’s proof of intent to assault. And people died in the course of the assault. That’s felony murder.

 That kind of evidence does not exist in the Jodi Arias case.

In Minifield, it was proven that he took a Molotov cocktail, lit it, and threw it at the home. That’s proof of intent to commit arson. A little girl died. That’s felony murder.

 That kind of evidence does not exist in the Jodi Arias case.

In Dann, he claimed there was no other felony except the murder. The State charged an intent to kill, but later changed it to an intent to commit aggravated assault. Dann told the court he intended to kill the victim, not assault him, so there is no other felony.

The court replied that we have testimony that you borrowed a gun from your ex-gf, you tried to boorow another “untraceable gun” from a friend, you told your friend you intended to “straighten out the problem, you entered the home with the gun, you called your ex-gf and told he you just shot three people, and that’s proof of intent to assault. As a consequence, someone died. That’s felony murder.

 That kind of evidence does not exist in the Jodi Arias case.

liberty_bell

– Well, what if we forget about pre-meditation for now, and let’s say Jodi Arias was proven to be going to Alexander’s home after preparing for a nefarious purpose of some kind, isn’t that proof of intent to assault?

No. Because we don’t know when or where or if she formed the intent to assault, no proof.

– Well, it’s a reasonable assumption that Jodi brought a gun and/or knife to Mesa and into Travis’ home. Isn’t that proof of intent to assault?

No. There’s no proof that Jodi brought the gun or the knife to the crime scene.

In Moore and Dann, there was proof they were armed when they entered residences. Moore was also charged separately with a felony, so for the facts of his case, the merger rule doesn’t apply anyways.

 

Arias was charged with the felony predicate of 2nd degree burglary – assault. They used 2nd degree instead of 1st degree precisely because the state could not prove she brought a weapon into the house.

– Well, she said she did it. She said she did it all. So, if I don’t believe her self-defense story or that Travis attacked her, or if I believe she went way too far, then that proves her intent to assault, doesn’t it?

No, I don’t think so. I wouldn’t rely on her word about anything. I see the merger rule coming into play here, as there’s no distinct felony here, just like Nurmi said. I don’t see how there’s a clear intent to kill or assault, beyond a reasonable doubt.

 

She was an invited guest, they did interact and have a good time, she was there over 12 hours, then something happened, and I believe there will always be some doubt there as far as what exactly happened. Apparently, it wasn’t very clear to 5 of the jurors.

Now, I believe the only way that felony murder makes any sense at all in this case is if the gunshot was first. Think about this: She shoots him in the shower, as part of a plan to kill him, only he doesn’t die. Jodi Arias doesn’t leave the residence, and she doesn’t call for an ambulance or for help. At this point, she’s remaining in the residence unlawfully. It’s burglary – assault. Jodi Arias then picks up a knife and finishes him off.

 

Here I would say this is a clear burglary – assault, and in the course of and furtherance of this felony, she caused the death of Alexander. The other way, it’s not so clear at all. Maybe Juan Martinez wanted it that way.

That’s another reason why the change in the order of injuries by the prosecution is problematic. The felony murder charge certainly fits much better with the gunshot first murder theory. I believe that when the prosecution changed the order of injuries to gunshot last, they forgot that this new theory doesn’t fit felony murder. I believe that later, they stubbornly refused to drop the charge, for fear it would draw attention to the fact that they swcithed the order of injuries intentionally to squash Jodi Arias’ self-defense claim.

 

– Well, what is your reasoning for felony murder not working the other way, with the stabbings first?

I see a merger rule problem with that theory. I just don’t see clear proof of intent either to kill or assault, to make this strictly a felony murder.

 

“Cate” said something to the effect of, well, if the felony murder charge really didn’t make sense, why weren’t the legal minds in the major media discussing it? This is her type of street logic that I just don’t get, using something that didn’t happen to prove that something else did.

Remember the saying – “Evidence of absence is not absence of evidence.”

You drive me crazy that way, Cate, I have to admit.

 

Maybe they weren’t discussing it because the prosecution was pushing pre-meditation, or because pre-meditation elements and the lesser included offenses that go with it are more interesting to talk about. Or maybe the viewers weren’t asking about it. Who knows?

If Arias was found unanimously guilty of felony murder 1 instead of premeditated murder 1, maybe they would have talked about it then.

Who are these legal experts she’s talking about, anyways? Dershowitz? Beth Karas? Vinnie Politan? – Please!

 

Is there a quote or an article or a video from anyone about how the felony murder charge is correct?

I couldn’t find any major media Legal Eagles speaking on the soundness of the charge, but I did find one legal commentator who said what Nurmi said – that there was nothing there. Does the name Monica Lindstrom ring a bell?

 

This case is not the same as the other cases cited above. This is the only case of the above in which I see no clear felony outside of the murder, despite the Arizona way of not always using the merger rule and sometimes allowing the felony to incorporate certain parts of the murder, which certainly seems to favor the prosecution.

  • Why was the prosecution so reluctant to explain to the defense exactly what their felony murder theory was in this case?
  • Why was there was a lot of contention in motions in 2010, before Nurmi took over the case about this exact question?
  • Why did the prosecution argue for pre-meditation all day every day and then spend just 5 minutes arguing felony murder?
  • Why didn’t the prosecution specify the exact felony (assault, murder, theft, etc.) defining the burglary, even in the jury instructions? Other cases do.
  • Why was the prosecution intentionally ambiguous about it, and why did they spend so little time explaining it?

That’s just more than a little fishy when the felony murder is obviously not as clear-cut and much harder to understand.

 

Maybe Nurmi was right: “(This) is either a premeditated murder or it’s not, and the felony murder burglary charge is just an “empty vessel” in order to seek a first degree murder conviction”. 

 

images (1)images (2) 

It certainly seems that felony murder charge was left there more to ensure a first degree murder conviction than because the prosecution honestly believed it was a legitimate charge.

Good job rejecting it, jurors!

 

  • Again, the predicate felony = remaining unlawfully in the home (via killing Alexander) with the intent of committing any further felony (killing Alexander) and the murder part of the felony murder is (killing Alexander).

circular_logic_by_mestafais-d5vm1d1

 

  • Even in Arizona, and even considering all the cited cases above, “Felony-murder still cannot be charged if all the elements of the felony are included in the elements of the murder”. This is the merger doctrine in Arizona. 

 

  • The gun theft fails, timing of the intent to steal the gun – not proven – therefore no burglary, therefore no felony murder.

 

  • The assault fails – no clear and convincing of proof of an intent to assault, therefore no burglary, therefore no felony murder.

 

  • Remaining unlawfully in the home. No clear proof of intent to assault – therefore no proof of revocation of consent to be in the home, therefore no burglary, therefore no felony murder.

 

The charge should have been dropped.

We invite any legal expert, especially those who practice criminal law in Arizona to explain to us why the felony murder charge in the Jodi Arias case makes any sense at all.

Monica Lindstrom Legal Commentator After the prosecution rested in the Arias Trial guilt phase: “I think the Court has every reason now to kick that felony murder count or alternate theory out, because there’s nothing that I’ve seen, and I don’t think anybody else has seen anything that will go to that.”
Monica Lindstrom Legal Commentator After the prosecution rested in the Arias Trial guilt phase:
“I think the Court has every reason now to kick that felony murder count or alternate theory out, because there’s nothing that I’ve seen, and I don’t think anybody else has seen anything that will go to that.”

What is YOUR opinion?

Comments from all perspectives are welcome.

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https://www.facebook.com/pages/Spotlight-On-Law/189870931203328

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The Jodi Arias Penalty re-trial – The Nightmare that never was.

The Jodi Arias Penalty re-trial – The Nightmare that never was.

Fact based reporting

by Rob Roman

Research by Amanda Chen

images (13)

This article is in response to an October 31st article called “Nightmare in Arizona” by Linda Paris on her   http://lindapariscrimeblog.com/.

Linda gives no sources or resources for her information and appears to just be winging it (ie: making it up). We just had to respond. Articles like this really illustrate why you are getting highly biased and slanted information as opposed to the objective facts.  We have to say that some Arias supporters are doing just as bad a job by also just making things up and just telling you the facts they like. In red are direct quotes from the article and in blue are our responses:

 

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1) “Judge Sherry Stephens cost the tax payers over 2 million dollars in the Jodi Arias Trial”

Well, no, the over 2 million dollar price tag was caused by the insistence of the prosecution and the victim’s family to force this to be a Death Penalty case. There is nothing the judge or the defense is doing to make this trial more expensive than it otherwise would be. Half the stuff that has happened in this trial would not be allowed were this not a Death Penalty case.

2) “Jodi Arias is “having a good ole time” at her 1st degree murder, death penalty trial.”

Does it look to you like Jodi Arias is having a “good ole time”?

download (1)images (6)images (14)images (5)

 

3) “Is Judge Sherry Stephens in love with Jodi Arias?”

Actually SpotLightOnLaw was the first to say that Judge Sherry may be smitten with Jodi Arias, but we were only joking.

From our Oct 31, 2013 article: 

Juror question #NA

sherry-contrary-new

“Jodi, what are you doing in 25 years minus 5 years served plus good behavior?

Wasn’t I patient at the bench? I can wait…..

Yoo-Hoo! I have a discount on Pop Rocks and Tootsie Pops, Woot Woot! Call me!” – Sherri

https://spotlightonlaw.wordpress.com/new-discarded-juror-questions-for-jodi-arias-not-reported-by-the-media-october-31/

 

I don’t see any point in the trial or the penalty re-trial where Judge Sherry Stephens has shown any love for Jodi Arias. In fact, she was visibly and audibly emotional when the jury was not unanimous in voting for the Death Penalty the first time.

4) “Judge Sherry Stephens, the judge who has hosted the second biggest judicial joke of the 21st century, is treading on everyone’s rights in order to keep the citizens of Arizona out of her already, out-of-control courtroom”.

Both sides of this debate have pilloried Judge Sherry Stephens in this Capital case. The Jodites have criticized her for over-ruling some of the defenses’ objections, even ones which some legal minds thought should have been sustained. They criticized her for allowing Martinez to go on and on about Snow White and the Seven Dwarves, a vast and prolonged fishing expedition that yielded nary a minnow

They also generally feel that Sherry let prosecutor Juan Martinez take control of the courtroom frequently, deferring to his over 25 years of experience in Capital Murder court rooms. They believe he engaged in various abuses and misconduct which persists to this day. Then there was Judge Stephen’s emotional response on the bench when a very normal and frequently delivered verdict of “no unanimous decision” was rendered.

Travesites blame Sherry Stephens for allowing what they refer to as trashing the victim via Jodi Arias’ accusations of pedophilia and physical abuse by the victim, Travis Alexander. Their cries against the Judge were faint in the guilt phase, but in the penalty phase re-trial, they are going after her with a vengeance, even going back to the original trial and blaming her even more for allowing the defense to get away with what they presented.

 

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Let’s all remember the reason why Judge Stephens is inexperienced in Capital murder trials. In fact, this is her first Capital murder trial. Why is that? This is because Arizona has a tremendous backlog of 1st degree murder Death Penalty cases. And why is this? Because Arizona has the Death penalty but they use it much more often than most states. They use it to intimidate defendants into confessing or pleading to a life sentence, and to try to force a settlement without going to trial. They use it as a political tool, each consecutive candidate vowing to be tougher on crime than the last.

Arizona recently had more pending Death penalty cases than there are prisoners on death row, well over 120 cases pending. There are currently 121 inmates on death row. There were not enough judges to oversee all these cases, so judges  were reeled in from family court and the lower criminal courts, given a crash course in death penalty qualification, and thrust onto the bench.  And Arizona vs. Jodi Ann Arias is a very complicated, multi-faceted case. On top of this, you have two (not one) very experienced attorneys who both know just how much they can get away with under a particular judge. Judge Stephens is very mindful of not looking foolish in front of the highly experienced Juan Martinez, so she defers to him often, in our opinion.

Kirk Nurmi has been sure to bring up every motion and objection allowable, and this has given Judge Stephens pause in making sure she does not commit a reversible error. In fact, Travisites applauded Judge Sherry Stephens in the original trial for bending over backwards to make sure that there would be no appealable issues.

But now, after seeing how quick and smoothly the Arizona Death penalty trials of Marissa DeVault and Brian Hulsey went, and after seeing that Judge Stephens emptied the court room for the testim0ny of, out of all possible witnesses, Jodi Arias herself, many now believe that Judge Sherry Stephens is aiding and abetting Arias and the defense, and helping the trial to last forever.

“In 2011, the pending capital cases were down to 66. The highest number of pending cases was 149 death penalty cases.” This is in Maricopa County alone.

http://www.omlaw.com/uploads/publications/2012-04%20-%20LAH%20-%20ARTICLES%20%20Capital%20Case%20Crisis%20in%20Maricopa%20County%20Arizona%20and%20A%20Response%20From%20the%20%20(4).pdf

http://www.deathpenaltyinfo.org/documents/2011__Year__End.pdf

http://www.abajournal.com/magazine/article/pending_death_penalty_cases_weigh_against_maricopa_county/

http://www.nytimes.com/2013/04/06/us/in-many-capital-cases-less-culpable-defendants-receive-death-penalty.html?pagewanted=all&_r=0

 

 5) “Not surprising news since she has assisted Jodi Arias throughout this trial in tormenting, torturing and re-victimizing each member of the Alexander family at every opportunity”.

What? Exactly how did Jodi Arias torment, torture, and re-victimize each member of the Alexander family? Can the author mention even one instance? The Alexander family was not tormented any more than they would have been under any other judge. They must re-visit the pain and agony of their brother’s death each and every time a new legal procedure happens, and there will be much more of them and for a much longer time, with a sentence of death. The author forgets that this was a defense of self-defense, and so there was no avoiding putting the victim on trial. To have prevented the defense from bringing in testimony and evidence that puts Travis Alexander in a bad light would mean a reversal for sure.

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6) “As a result of their lack of experience, Kirk Nurmi and Jennifer Willmott have made hay with Judge Sherry’s willingness to allow virtually everything their sadistic client desires, no matter how demented”.  

This was also Jennifer Willmott’s first Death Penalty case since she became death qualified, but she’s an experienced criminal defense attorney. Any person who wants to say that Kirk Nurmi is inexperienced would be very wrong. Although he has a ways to go as a trial attorney, he made all the right motions and objections and preserved as many issues for appeal as possible. He worked hard on this case, and fought very hard, even with a client who had been very difficult and uncooperative at times.

Only attorneys who are very experienced with a variety of judges could manipulate a judge to do their bidding and “make hay with Judge Sherry’s willingness to allow” the defense to do what they wanted to do. But even that statement is not true, there is no evidence that Judge Stephens assisted the defense, many defense motions were denied. 

7) “Helping Jodi Arias fulfill her sick need to torture the remaining victims, Travis Alexander’s family any way she can, Judge Sherry Stephens has provided Arias with endless opportunities to do just that. The defense, having no legal skills or prowess, have used everything  from sex tapes to close ups of Jodi Arias’s considerable well-worn vagina and anus, all in order to distract from the horrific, premeditated crime that this sociopath has committed and further victimize the real victim Travis Alexander. “

“Judge Sherry Stevens has allowed Arias and her family to giggle in open court as the real victims in this case, the Alexander family, are forced to endure graphic autopsy photos and heartbreaking testimony.”

Oh really, you really think that Jodi Arias or the defense wanted a close up of her genitals to be displayed on huge screens and to be stored forever on the internet? Doesn’t everyone? But that photo is probative because it shows the crude kind of photo that Travis was interested in taking, verses the more sophisticated photos that Jodi took. Kind of sums up the relationship right there:

 

Untitled brtjodi-arias-trial-006-150x150 brt black

 

Remember: These are the photos that Travis Alexander wanted to take

http://dazereader.com/2013/01/jodi-arias-trial-nude-photos-uncensored/

Actually, in real life, the nude photos of Travis Alexander and Jodi Arias were entered into evidence by the prosecution, as the time and date established Arias’ presence and activities in the house on June 4th, 2008. The defense wanted to present edited highlights from the sex tape, but it was the prosecution, who demanded that the full unedited version of the sex tape be played. Let’s get our facts straight.

The idea that in a months long trial, that during a break, the Arias family laughed about something means nothing, it’s human beings being human beings. That’s just another gratuitous media attack on the Arias family, who are as innocent in this case as the Alexander family. This is simply the author showing a double-standard. Enduring graphic autopsy photos and heartbreaking testimony goes with the territory of being the victim’s family, it’s unavoidable in any murder case.

8) “Although Nurmi and Willmott have offered comic relief throughout the trial with their constant objections and requests for mistrials, their shameless mimicking of Juan Martinez is flat out embarrassing and emphasizes the already obvious fact, that they are both inexperienced and their “strategy” all along has been to upset the system and the proceedings as much as possible.”

Let’s just forget about the fact that motions, objections, and requests for mistrials and removing the death penalty are some of the defenses’ primary obligations to their client.  This is referring to the idea that Kirk Nurmi is somehow mirroring the antics of Juan Martinez in the penalty phase re-trial when in fact it would seem that he is merely trying to come out more aggressively in this stage of the trial. Different situations and goals call for different tactics.

9) Their repeated use of effective phrases, phrases used effectively by Juan Martinez throughout the trial, are transparent and childish. There is nothing funny any longer however, about their lack of skill and willingness to upset the system.

The author is referring to the new, slimmed down Kirk Nurmi with a full head of hair in the penalty re-trial as he is much more animated and aggressive, slamming down a binder of records while questioning the Walmart employee and asking Detective Flores if he has memory problems.

Here’s some food for thought: If the defense and especially Kirk Nurmi have alleged misconduct for Juan Martinez’s behaviors and antics throughout these proceedings, why on earth would Kirk Nurmi then try to copy or mimic Juan Martinez, thus obliterating these appeal issues? If he’s copying Juan, he can’t then complain to the higher courts about Juan, can he?

10) “It is clear now that we have a judge who has given them the key to her courtroom and will continue to do so.”

Really, exactly how has Judge Stephens “given them (the defense) the key to her court room”? Do you have any specifics, any examples?

11) “NOVICES, NURMI AND WILLMOTT, MIMIC MARTINEZ BECAUSE THEIR ONLY OTHER OPTION IS TO WRECK  (sic) HAVOC ON THE SYSTEM”

PNI Arias day 3

I think it’s clear that Nurmi and Willmott are working within the system, which is purposed to be an adversarial system, in case the author never noticed this. How can the defense “wreak havoc on the system”? Their examinations can be objected to and over-ruled, their motions can be denied, and their appeal attempts can fall flat. That’s the name of the game, the zealous defense of your client within the confines of the law. What laws does the author feel were broken by the defense or by the Judge? Even the Judges’ ruling on clearing the court room was submitted to a higher court for review by attorneys representing the members of the media. So this case has proceeded all along according to the law (except for some things which the defense will be sure to appeal).

UPDATE: The higher court has stayed the decision by Judge Stephens to clear the courtroom for defense witnesses who were afraid to testify in open court due to past attacks on defense witnesses in this case. This means that the judge cannot clear the court room during testimony, and the defense is appealing the stay.

12) “Milking the system, with their limited supply of legal knowledge, experience and resources, for as long as they can,  for as much of that tax payer money they can squeeze out of this fiasco?”

Milking the system? Kirk Nurmi has made multiple motions to be removed from the case. Again, the cost and length of this trial is all on the prosecution, as they have insisted on making this a Death Penalty case, as opposed to many similar domestic cases which are either pleaded out as 2nd degree murder cases or end in court with a life sentence or less. 

13) “WHY NOT GIVE HER SOME KNIVES TO PLAY WITH, WHILE SHE SITS IN COURT AND LAUGHS AT THE VICTIMS?”

Now, when has Jodi Arias ever laughed “at the victims”? How does NEVER sound? That’s the reality of the situation. This is about dealing with this tragedy without any further killing.

14) “Isn’t it the judge’s responsibility to let the jury know that the guilt phase has already been decided, and now their job is only to decide, by law, what the proper penalty is?”

The jury is well aware that the guilt phase has already been decided. What information does the author have that this is not true? The jury is well aware of what they are to decide and what their job is in the penalty phase re-trial.

15) “Hasn’t it been the judge’s responsibility this entire time to maintain control over her courtroom?”

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Here’s one thing we can agree on. It is “the Judge’s responsibility … to maintain control over her courtroom”. Judge Stephens has fallen short, but mostly by allowing the prosecutor to get away with his outrageous conduct, which should not be allowed in a court of law, and especially not in a Capital murder case – Death Penalty trial.

16) “Well since it’s only the taxpayers who are paying, cha ching, cha ching, let that tax payer cash register ring.”

Trying to arouse the public, especially the citizens of Arizona by emphasizing the tax money spent on this trial, and implicating the defense and the Judge is completely misguided.  This is the action and the responsibility of the State and the prosecution.

veteran1

Lately, some Travesites took the opportunity of Veteran’s Day to again make the bogus claim that the veterans are the ones who have real PTSD, while Jodi Arias only pretends to have PTSD, and therefore Arias somehow is un-American and an insult to our military. It’s just plain propaganda to draw a line and put mother, God and country on one side, and Jodi Arias on the other. Each case of PTSD is an individual case, some are actual and some are not.

The Jodi Arias case has nothing to do with military veterans.

17) “It doesn’t take “Einstein” to know that if Jodi Arias was a man, this trial would have been over with in a matter of weeks.”

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Here is the oft repeated mantra that if it were a man killing a woman in this fashion, the defendant would have been convicted and sitting on death row years ago. The truth is that 48 months is the average time before a Death penalty case goes to trial in Arizona. It was also 4 years until the last woman in Arizona, Wendi Andriano, was tried and sentenced to death by Juan Martinez in 2008. It took five years before Marissa Devault was tried in a Death Penalty case and sentenced to LWOP.  Not much has changed, although the average time to trial for capital murder cases is diminishing slightly in Maricopa County.

18) “There is not one doubt who committed this terrible crime. There is not one doubt that she planned it, scheming for weeks maybe longer, collecting everything she would need, not only to murder Travis Alexander, but to cover her tracks completely and document the event in photos for future enjoyment.

All because he no longer wanted to date her, and who could blame him?”

I will not argue with this opinion of the author at this time. I will say that Jodi Arias never planned to “document the event in photos for future enjoyment”. If she had, she would have taken the camera or transferred the files. Remember that the final three photos were taken by accident and the final two photos were completely black until the forensic expert enhanced them.

19) This is why the death penalty most certainly is a deterrent and it is a powerful one.”

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The greatly enhanced usage of the Death Penalty by Arizona starting in the 90’s has had very little effect on reducing murders, particularly in reducing domestic killings which stay at a steadfast rate in Arizona hovering at about 100 domestic homicides each year, or about 2 per week. That’s around 200 other families (of both the victims and the perpetrators) each and every year, just in the state of Arizona, affected by unnecessary domestic murders. Travis Alexander was a special person, but he is far from the only victim in America. There are more than 1,100 domestic murders in the USA every year. The greater majority of the victims are women.

20) “Do you think that she would have gone forward so happily with her savage plan had she thought for one second that there was a chance she would be sitting on death row for it? Absolutely not.”

Jodi Arias knew full well that Arizona, as California, is a Death Penalty state. She was very concerned about being suspected and being caught, as her frequent calls to Detective Flores indicate.

21) “Much more important, it’s the only way anyone will ever be able to keep this raging sadistic narcissist from killing again.”

This is an often used justification for the Death Penalty, the idea that the killer will kill again. This is statistically rare among domestic killers and rarer still among domestic killers with no prior offenses. The person who is likely to kill again is the hardened criminal.  The idea that the killer will kill again had a lot of credence in the old days (1980’s and before) when first time murderers were usually given light sentences. Now, sentence usually range from 25 years to life, where the killer is well past the age when most murderers kill. LWOP is a suitable punishment for almost any killing. The rare and gross exceptions should be the only ones qualifying for a death penalty, as long as it still exists in the U.S.

22) “She will kill again. She will either kill one of the inmates in the prison or reach out to someone on the outside.”

I had to laugh out loud at this statement, it’s very funny, though inaccurate.

In over six years in custody, Jodi Arias has had no incidents of violence, violent outbursts, or any major problem. She is actually quite passive and compliant. She was attacked once in her cell by another prisoner and she had a few minor write-ups for such offenses as not shutting up, and hiding pens and skin lotion.

Actually, it is statistically more probable that, were Jodi Arias to be sentenced to LWOP, that she will be killed rather than she would kill anyone. Even more statistically likely, prisoners in Perryville prison have a rate of suicide much higher than the national average and many prisoners have died due to the prison staff ignoring the basic medical needs of Arizona prisoners.

http://www.azcentral.com/news/20120602arizona-prison-deaths-system.html

http://www.arizonaprisonwatch.org/2010/09/young-woman-suicides-at-perryville.html

23) “She will also plot and scheme to escape prison for the rest of her life.”

How many successful escape attempts have there been from Perryville Prison? There was one in 2011. There are one or two attempts each year, most unsuccessful. The successful escapes are usually from a much lower security level of custody than those who are sentenced to LWOP or death.

http://en.wikipedia.org/wiki/Arizona_State_Prison_Complex_%E2%80%93_Perryville

24) “The Jodi Arias Death Stare…”

Here is the photo of Jodi Arias that the author claims is a “death stare”

 death-stare

The “Jodi Arias Death Stare”? You must be kidding! What a ridiculous claim with absolutely no evidence. Of course, the author also repeats the claim about Arias’ “dead snake eyes” or “dead shark eyes”, another device to de-humanize a person to make it easier to kill them. There is nothing to substantiate this claim.

25) “There is a penalty in Arizona for what she did. It’s the death penalty. Any man who did this would already be on death row.”

arizona_simple

We have already explained why this statement is statistically patently false. In addition, there is only one person on death row in Arizona for a crime anywhere near the facts in the Jodi Arias case.

That person is Isiah Patterson who stabbed his girlfriend to death in front of witnesses with their 3 year-old in the home. Here is a summary of the case:

 download (4)

 

“That’s what happens when you try to turn a whore into a housewife.”

  1. “FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 At approximately 1:30 a.m. on March 17, 2006, Patterson and Consquelo, his girlfriend, were in his Mesa apartment with their three-year-old son when they began fighting.2 A downstairs neighbor heard loud crashes and things rolling on the floor. After about ten minutes, the noises stopped. After another ten minutes or so had passed, Consquelo Barker ran from the apartment, naked and screaming for help.

¶ 3 Patterson chased Consquelo through the outdoor common areas of the apartment complex. He caught her at a sand volleyball pit, sat over her, and stabbed her thirteen times in the face, torso, and arm. The wounds perforated her lungs, diaphragm and spleen, and fractured her arm.

Patterson continued stabbing Consquelo until a neighbor, awakened by her screams, yelled for him to stop. Consquelo then stumbled from the volleyball pit, asking for help before collapsing beneath a bush, where she died. Patterson walked back toward his apartment, telling neighbors, “That’s what happens when you try to turn a whore into a housewife.”

¶ 4 Patterson was arrested and indicted for Consquelo’s murder. The State sought the death penalty. Finding Patterson guilty and that the crime was especially cruel, see A.R.S. § 13–751(F)(6), the jury determined he should be sentenced to death.”

http://caselaw.findlaw.com/az-supreme-court/1609184.html

SpotlightOnLaw challenges anyone to find another domestic homicide where a man in Arizona sits on death row, without additional aggravating factors (pecuniary gain, multiple murders, conspiracy, murder of a child, torture) although there are over one hundred such killings in Arizona each year.

We also challenged our readers to find a similar case in any state. So far we received responses stating that Wendi Andriano in Arizona and Scott Peterson in California are similar cases to the Jodi Arias case. Not so, because Andriano killed her disabled and helpless husband for money and Scott Peterson killed his wife who was especially vulnerable because she was 8 months pregnant, and he killed his unborn child. If anyone finds a death row case similar to the facts in the Arias case, please let us know.

26) “She knew full well that what she was doing was wrong, but she enjoyed doing it and had no fear of getting caught or convicted.”

Going back five years before the killing, Jodi Arias has had no incidents of violence or any major problem. We cannot over-emphasize how unusual this is for a defendant in such a violent killing.

Jodi Arias had a genuine fear of getting both caught AND convicted. She was in the process of running away when she was arrested.

27)  “Jodi Arias quipped and smirked her way through the first full day of cross challenging the Prosecutor Martinez to “Bring it!”

images (20)

Wrong. Actually, Jodi Arias did what most people do the first time they are cross-examined. People get defensive and feel like they are being attacked, so they try to fight back and they try to defend themselves. Defense witnesses tend to get snarky with the prosecutor. Ater a while, they realize that this strategy only serves to make them look bad, and they learn to relax a little more and just calmly attempt to answer the questions as best they can without taking things so personally.

28) “Let’s get it right. Travis was butchered. He was almost decapitated. He was shot in the face, had defensive wounds and deep cuts all over his body. His neck was slashed down to the vertebrae. “

What the author is saying above is half-accurate. But time and again we have pointed out that Travis Alexander’s throat was slit. As bad as this wound was, he was not “nearly decapitated” (for actual near decapitation, research the murder of Nicole Brown Simpson). Travis Alexander had 29 knife wounds, many of these ranged from superficial to shallow. There were 16 wounds which qualify as “stab wounds” and only 7 “stab wounds” if you view the pattern of 9 back wounds as “chopping wounds” rather than stab wounds. His neck was not slashed down to the vertebrae (for neck slashed down to the vertebrae, please research the murder of Nicole Brown Simpson)

He had serious defensive wounds, and serious stab wounds. He was shot in the face. He did not have “deep cuts all over his body”.  Of course, that does not make him any less dead, or lessen the severity of his wounds, but let’s be accurate.

 

Description of Travis Alexander throat wound from Dr. Horn’s autopsy:

“A gaping oblique deep incised wound across the anterior upper neck 6 x 1 ½ inches with a lower right side (within 2 ½ inches inferior to the right external auditory meatus and 2 inches inferior to the left external auditory meatus), and transaction/perforation of the entire upper airway, strap muscles of neck, right jugular vein, and right carotid artery”.

Here, Doctor Horn is saying that the throat wound is 4 inches short of being “ear to ear”.

http://murderpedia.org/female.A/images/arias-jodi/travis-alexander-autopsy-report.pdf

 

Description of Nicole Brown Simpson throat wound from Dr. Golden’s (far more detailed) autopsy:

“The incised wound of the neck is gaping and exposes the larynx and cervical vertebral column. It measures 5 1/2 x 2 1/2 inches in length and is found at the level of the superior border of the larynx.

On the right side the upwardly angulated wound passes through the skin, the subcutaneous tissue, the platysma, passing under the ramus of the right mandible and upward as it passes through the strap muscles on the right, towards the digastric muscle on the right, and through the thyrohyoid membrane and ligament. Further dissection discloses that it passes posteriorly and transects the distal one-third of the epiglottis, the hypo-pharynx, and passes into the body of the 3rd cervical vertebra where it transversely oriented 3/4 inch incised wound is seen in the bone, extending it for a depth of 1/4 inch into the bone. The spinal canal and cord are not entered.

On the right side superiorly the wound passes towards the insertion of the sternocleidomastoid muscle, and then becomes more superficial and tapers as it terminates in the skin below the right earlobe.

On the left side the left common carotid artery is transected with hemorrhage in the surrounding carotid sheath and the left internal jugular vein is subtotally transected with only a thin strand of tissue remaining posteriorly with surrounding soft tissue hemorrhage. The injuries on the left side of the neck intersect and the pathways of the stab wounds on the left side to be described below.

Opinion: This is a fatal incised wound or sharp force injury, associated with transection of the left and right carotid arteries and incisions of the left and right internal jugular veins with exsanguinating hemorrhage.”

http://www.lectlaw.com/files/cas45.htm

29) “There was no “fight” and this is not the result of a “mental illness.” This is the result of a sadistic narcissistic sociopath, who has no respect for human life and no remorse at all. This is someone who has demonstrated to the court time and again that she is, in fact, quite proud of what she has done, and if she doesn’t get her way, it will happen again.”

Both narcissism (narcissistic personality disorder) and sociopathy (anti-social personality disorder) are mental illnesses to begin with, and Jodi Arias was diagnosed with neither of these, nor was she found to be a psychopath, as Marissa DeVault was found to be. The idea that Jodi Arias “has no respect for human life” and has “no remorse” is just false. She had demonstrated remorse throughout the trial and continues to do so. Her supporters can testify to her many kind acts since they have come to know her through phone calls and correspondence.

30) “Judge Stephens helps Arias to torment the Alexander family as much as she can.”

“This trial should have been over with a year ago and Jodi Arias should already be on death row.”

Really? The trial should have been over with a year ago? Why does the author say this? The jury reached a sentencing verdict of “no unanimous decision” in the penalty phase of the original trial. The penalty re-trial was delayed by requests and scheduling conflicts from both the prosecutor and the defense (they are all very busy people). Is the author saying that Arias should have gotten the Death Penalty the first time? Actually, the five jurors who voted against the charge of 1st degree felony murder and the four jurors who voted for life were the only ones who got it right.  This is because felony murder makes no legal sense under the prosecution’s theory and life in prison is a completely appropriate punishment under the facts of this case.

Juan Martinez needs twelve out of twelve to get a death sentence. He may get it, but he probably will not, which is another reason why the state should have taken death off the table after the original penalty mistrial and this should not have been a death penalty case in the first place.

31) “Arizona is a death penalty state.”

arizonasb1070

Really? Who knew?

32) “For Judge Stephens to usurp the process and try to aid the defendant in avoiding what is clearly the punishment a male would have received for such a brutal and horrendous crime like this, is unacceptable.”

Both major ideas in the above sentence are completely wrong. Most likely a male would not get the death penalty for a similar crime and the Judge is not aiding the defense in trying to help Jodi Arias and the defense secure a life sentence for Jodi Arias.  Aren’t all murders brutal and horrendous?

33) “And now we have a secret court,  for a convicted killer?

It just goes on and on and gets worse and worse.”

The author is correct that Judge Stephens has cleared the court for none other than the testimony of Jodi Arias! But has the author ever considered there might be a very sound and important legal reason for doing so? I considered it, and I came to the conclusion that Arias must have changed her story. Then a Facebook poster named “Justus Forusall”, who actually was in the courtroom in Phoenix and witnessed the allocutions of the Alexander siblings, had the best theory I’ve heard yet.

Justus thought that Jodi Arias must be testifying about a witness who, out of fear of what has happened to other defense witnesses or potential witnesses (Gus Searcy, Alyce LaViolette, Patricia Womack), wanted to remain anonymous during the trial. Therefore the Judge is almost obligated to protect Jodi Arias’ testimony in order to protect the witness who will not testify without these protections. Once again, sound legal principles over-rule the irrational fears and ignorant assumptions of the general public.

34) “So now, in a grand act of defiance against the very constitution of the United States, Judge Sherry Stephens has decided that Jodi Arias, convicted killer, can have “secret trials” and “secret witnesses.” In addition, these “secret witnesses” will also be allowed to dictate what goes on in her courtroom. All of this, in spite of the constitution.”

images (23)

First, there are no secret witnesses in a criminal court. The audio and/or video and transcripts of the closed part of the trial will be available after the verdict/sentencing. This is to protect the very Constitution of the United States, as the defendant has the Constitutional right to present any and all mitigation witnesses and evidence in defense of her life.

Travis Alexander is dead, and no sentence will bring him back to his family or quell their pain. The Travisites are right that Travis and his family are not on trial, Jodi Arias is. Travis’ family has some rights, but they are not facing a penalty of death, only Arias is. It is she that has the primary Constitutional rights in this action. This is because according to our Constitution, life, liberty, and property cannot be taken away without due process of law.

35) “I have never seen a judge so inept or biased, take your pick.”

Judge Stephens is neither inept nor is she biased.  She is new at capital cases, and one would hope that she has learned a lot in her maiden trial.  I will criticize her a little in that she cannot seem to rule on an objection (any objection) without calling a sidebar. For example, prosecutor Juan Martinez wanted to play a video from the guilt phase of the trial. The defense objected, and Judge Stephens called the attorneys up for a sidebar. Of course, readings from the transcripts are allowed, but Judge Stephens should be able to rule on that objection without a sidebar. Video from the guilt phase of the trial is either allowed in or it isn’t. Let’s get it together.

36) “Death penalty defendants are tried and convicted every day in trials that are overseen by seasoned and unbiased judges.”

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Judges only get seasoned through experience, like everyone else. The controlling idea among Travisites used to be that Judge Stephens had heroically acted by giving the defense great latitude in exchange for a trial that would be virtually appeal-proof. Now they are dog piling on the Judge, because she made a ruling that they don’t really understand and that we don’t have an explanation for yet. Sound familiar? Sounds like the theme of this entire case.

Now, we know that the court of appeals stayed the ruling of Judge Stephens to clear the court room. This means that the court room cannot be cleared pending an appeal of this issue by the defense.

37) (“Death penalty defendants are tried and convicted every day in trials that are overseen by seasoned and unbiased judges.”)

“This is not one of them. This is a joke.”

I have seen some really good comments and articles on the Jodi Arias case by people on both sides and from many different perspectives on each side. I have read many good articles, but this is not one of them. This is a joke.

38) “Justice for Travis.”

No, court is not about justice for one particular party. The idea that a death sentence is the only sentence that would bring justice to this case is false.

 Justice for All.

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We at SpotlightOnLaw challenge anyone to prove to us why anything we said is not true or why anything we pointed out in the article is not false.

Comments from all perspectives are welcome.

You can also comment on our FB page

https://www.facebook.com/pages/Spotlight-On-Law/189870931203328

No trolls, please.

 

Just Da Truth: The Banana Boat and Much Ado About Knotting

Just Da Truth: The Banana Boat

and Much Ado About Knotting

The Jodi Arias Murder Trial: The Other side of the story

Fact based Reporting by

Amanda Chen & Rob Roman

All aboard the banana boat!
All aboard the banana boat!

A person who calls himself “Brad Justda” runs a blog and a forum site called Just Da Truth (JDT) where people enthusiastically discuss different aspects of the Jodi Arias case. This is a great thing to do. We all want to know the truth, we want to debate, and we want to find out what we can about different aspects of the case.

Brad Justda makes some very astute points and he is willing to discuss all things great and small about the case and really dig into things, but there’s a problem. He likes to say he is debunking a person’s claims, but when he gets debunked, he remains silent.

Most people relying on JDT’s ideas are prosecution supporters. We respect people who believe Jodi Arias is guilty of 1st degree murder. They are welcome here. We just find fault with the proof offered by people who believe there is no other possibility, like Juan Martinez and Just Da Truth. This is because we keep finding flaws in their arguments and evidence.

There’s another problem, too. Looking at Brad’s arguments, he often builds a logical argument on top of an illogical premise. He builds a logical argument with illogical conclusions, and he makes absolute statements about his conclusions, which is unscientific. He also feels that a person must prove they are innocent of an accusation instead of the accuser having to prove things, which is contrary to law.

Brad tries to debunk the idea that the strands found on Travis’ bathroom floor are from the rope Jodi said Travis used to tie her up with. Actually, that was not really offered up as proof that there was a rope by debaters, but just a possibility.

The Pillow Fringe and the Rope

For example: For Jodi Arias to be be not guilty by reason of self-defense, a knife needs to be in the bathroom, or else it seems Jodi could have run out to the bedroom and out of the home when attacked. Arias testified that the knife was in the bedroom / bathroom area because Travis used a knife to cut the rope they used to tie her up in a sex game. Justda sets out to prove there was no rope and therefore no self-defense. Jodi said the rope was something like decorative drapery cord. She estimated the rope was about 20 feet long. JDT debunks and then even re-debunks this on his blog:

Jodi Arias: Re-DeBunking the Rope

“Despite how thorough I thought I was in my previous blog about the rope, it turns out many Jodi Supporters were not convinced, and didn’t think I went far enough in considering decorative drapery tie-backs as a source for the fiber evidence found at the scene.

On my lunch hour, I went in search of a fabric store. I found one place that claimed they were for home decorating, which I guess is different than regular fabric stores. The girls at the counter were very friendly and one girl helped me out a lot in figuring out what was what.”

http://justdatruth2012.blogspot.com/

Then he goes on and gets busy with some mathematical equations and the dimensions of the bedroom and the bed and even the dimensions of Jodi Arias to debunk that darn rope:

“Bear with me a minute while I lay out the factual details: Travis had a king size (or California king, Jodi couldn’t recall) bed. A King size bed is 76″ wide at the headboard (or 6’4″). A California king is 72″ (or 6′).” 

“If you take the span of your arms from tip to tip you get your height. The same works in reverse, if you take your height, you get your arm span. Jodi is 5’6, so let’s assume from from fingertips to wrist is 6″. That means for Jodi to extend her arms to be tied, she had about a foot and a half total on the mattress.

Jodi’s wrist would be about 5-6″ in circumference. Let’s give them another 3 feet for wrapping and tying (18″ for each wrist, so about 2 times around and then tie). We’re now up to 9 feet total of necessary rope if it’s a California king and let’s say 9 1/2″ of rope if it’s a King.”

JDT decides that Travis and Jodi would require about ten feet of “necessary rope”.

I caught an error right away. This claim is easily refuted with a few simple memes. Brad’s premise is that the rope was set up like this:

brad A

That wouldn’t work too good. JDT can review his math equations and geometry, and go through all his calculations all he wants to. It only took me 5 minutes to come up with a diagram showing a better way to tie a person up on a sleigh headboard which also happens to align with Jodi’s story:

brad B

It seems that sometimes JDT sees the result he wants and then he works his way backwards to get it. Then he writes that most likely, if Travis cut the rope, he would make more than one cut, and so the knife would be in the bedroom. But you may remember that Travis was a neat-knick, there’s a place for everything and everything in it’s place, kind of thing.

You will remember that Travis is a clean and tidy neat-knick.
You will remember that Travis is a clean and tidy neat-knick.

So I imagine, if I were him, and I didn’t want to return to the kitchen right away, I might place the knife in the bathroom.

The Rope and the Strands in the Bathroom

There were some unidentified strands in the bathroom that were photographed. and some Jodi supporters thought this could be possible strands from the rope.

strands of material found in bathroom
strands of material found in bathroom

Some Jodi supporters thought this could be strands that were part of a long length of soft, braided curtain tie rope or cord. which is what Jodi said was the type of rope Travis used.

Sample of braided curtain tie cord
Sample of braided curtain tie cord

The pillows in Travis' room

JDT saw some material on a pillow at a store that looked like the strands in the bathroom. He buys the pillow and brings it home and he then demonstrates that the material from the pillow he bought looks like the material in the bathroom. Imagine that. Since his pillow is a new, cheaper pillow, there are loose strands he can easily pull out and then he notes, via calculations, that the length is about the same. Eureka! Or should I say Yreka!

banana-boat-sport-performance-sunscreen-lotion

Does he understand that both the pillow fringe and braided strands from the curtain cord could be made out of the same type of material? JDT also saw some sunscreen and this means to him that there must have been a Cancun murder ultimatum. Whoop-De-Doo! You solved the murder case, Brad.

That Thing on the Stairs

that thing lt crJustda also goes after the unidentified material on the stairs to prove there was no rope. That material was a byproduct of photographing the stairs. It was never measured or entered into evidence and it was never intended to be evidence.

The defense merely presented this as a possibility.  It’s never been identified.

Yet JDT proves that this material didn’t come from a rope he has never seen or examined.  Actually, the material remains as it was before: inconclusive. I guess JDT made all those trips to the fabric / materials store for nothing.

Secondly, the defense does not have to prove there was a rope. The Prosecution has to prove that there wasn’t a rope and that Jodi brought the knife into the bedroom and bathroom with intent. The prosecution would need to prove the knife was either brought into the home by Jodi or that she brought a knife upstairs with the intention of using it  on the victim. The Prosecution failed to do so, and so did JDT.

Thirdly, JDT offers up new samples of curtain tie back material he finds at a fabric store in 2014. Without a sample of the actual rope to go on, JDT erroneously reports that no strands from any curtain tie back material can possibly be responsible for the strands in the bathroom because the ones he tested don’t bend the right way.

It’s Curtains For That Rope

Look at all the samples he “tests”.

What woman would allow a guy to tie her up with any of these materials, except maybe the green yarn? None of the samples are like the decorative material in the photo above the pillow photo.

JDT checked all these curtain tie back materials

He also decides that the strands in the bathroom must come from the fringe on Travis’ bedroom pillows.

On Facebook, Justda goes so far as to say that the pillow strands were probably tracked into the bathroom by Jodi’s footwear. George Barwood cleverly countered that if the strands were from the pillows, then the strands were probably tracked in by the rope!

The argument then proceeds to the fact that the pillows that were in Travis’ bedroom are now at his sister’s home, in Tanisha Sorenson’s guest room. Calls have gone out to bring the pillows into evidence. This would be evidence of what, exactly?

Wild About Trial was talking about the pillow fringe possibly being the source of the strands on May 4, 2013. The detectives spent three days in that house because “We didn’t want to miss a thing”.  You’d think they would have figured out the source of the strands by now if the source was the pillow fringe.

http://forums.wildabouttrial.com/showthread.php?pid=22752

While one can say that the strands appear consistent with the pillow fringe and could have come from there, you can’t say with any confidence that the pillows are the source. It could be any of a number of things. The defense never argued that the strands in the bathroom were from the rope, anyways.

JDT’s entire two articles about ropes and fibers leads us in a giant circle back to where we started from. We already knew the pillow fringe was a possible source of the strands in the bathroom. We already knew the material on the stairs and the strands in the bathroom were only possibilities of fragments from the rope. We knew this at the time of the trial. So, Just Da Truth’s scientific “proof” is really no more than much ado about knotting.

JDT Crushed the Candy Crush Blog

I Think Knot.

candy-crush-sagaIn Crushing the Candy Crush Blog, JDT tries to refute many things Lise LaSalle wrote in her article The infamous Trial of Candy Crush, which points out various problems she saw with the Jodi Arias trial. Really, JDT trying to challenge Lise is like a Yorkshire terrier nipping at the hoof of a wild mustang. He’s just plain out of his league. Lise LaSalle, a writer on the All Things Crime Blog, is a highly educated and very talented writer with an ocean deep, intuitive soul. She’s also a legislative and court interpreter. JDT failed to crush the Candy Crush which was an article, not a blog, for starters. So, even JDT’s title is factually incorrect.

We found too many problems with his article for a short comment, and the comment grew into a full article. The article quickly became too long, as usual, so we had to scale back our discussion to just 20 of the problems we found. I believe we debunked many things this “debunker” wrote, but he never bothered to respond. In Milk and Cookies for the “crusher” of Candy Crush, we replied to Just Da Truth’s contentions. One of his contentions was that electronic devices are not a problem for jurors to access at will.

Electronic Devices Are Not a Problem

“If Jodi was so innocent as supporters would have you believe, then what was it that supporters felt jurors would see that would turn them from believing in her innocence, to believing in guilt? What exactly was out there that was patently false, that the juror’s might have been influenced by?” – Just Da Truth

Just these two sentences alone contain 3 factual errors. Can you spot all three?

In Milk and Cookies, we responded with this:

“It’s just too easy to go on Facebook or Twitter, etc. and see things about the trial without meaning to do so. If these comments and reports are all one-sided, the juror then is aware of overwhelming public sentiment, and may feel compelled to act in support of that sentiment, which is the main argument for sequestration. (Please see New Discarded Juror Questions….)

Your statement “What exactly was out there that was patently false, that the juror’s might have been influenced by?” – You really can’t be serious by asking this, can you? Where would we begin?”

https://spotlightonlaw.wordpress.com/milk-and-cookies-for-the-crusher-of-candy-crush-dec-28/

This from the same guy who states that “Jodi Arias supporters are more depraved than she is.” calls Jodi Arias a “Ho”, and believes the story that she hid behind a Christmas tree.* Even though we were both on the same page on Facebook for weeks, he never once mentioned our article. C’est dommage!

*(We will explore these claims in a future article)

electronic-gadgets-1We saw what JDT had to say. Now let’s see what the American Bar Association has to say about electronic devices:

” Lawyers, witnesses, spectators, and jurors regularly use cell phones, Smart phones, PDAs, laptops, and other electronic devices before, during, and after trial. Jurors’ use of such devices can lead to serious misconduct, which can require extreme remedies such as mistrials. Or even worse if not detected, it can deprive parties 
of “their day in court.

“The problems created by jurors misuse of electronic devices is occurring across the country, for example, as reported by the Associated Press in a March 7, 2010 article New Rules Designed to Keep Jurors Offline.”

“Last year, a San Francisco Superior Court judge dismissed 600 potential jurors after several acknowledged going online to research the criminal case before them.

Baltimore Mayor Sheila Dixon challenged her misdemeanor embezzlement conviction after discovering five jurors ‘friended’ one another on Facebook during the trial.”

“And a federal judge in Florida declared a mistrial after eight jurors admitted Web surfing about a drug case.”

“Jury misconduct regarding the use of technology has become so widespread that a new term ‘Google mistrial’ has resulted.”

http://www.ncsc.org/~/media/Files/PDF/Jury/fairtrialhandbookauthcheckdam.ashx

And none of these were high profile cases with a nation wide, let alone a world wide interest.

Justda minute now, JDT said “there’s nothing patently false out there” and that electronic devices are not a problem. Nope, no problems there.

Gas Monkey

In another Just Da Truth article, JDT tries to prove that George Barwood is wrong about Jodi’s gas tank size. Gas Monkey lgGeorge Barwood, also called “GeeBee” stated that the size of the gas tank was not entered into evidence and so it could be possible that the tank was a larger size, European tank of about 15.8 gallons.

http://jodi-arias.wikispaces.com/

Forget about the larger gas tank theory, we already know that Jodi appeared to buy more gas than could fit into her gas tank and 2 cans. You only need  a good search engine and a few minor calculations to understand this.

JDT takes on George Barwood’s theory and tries to prove it wrong because the tank would need to be nearly empty to hold the amount of gas Jodi bought, and thus she would have been running on “E” (low fuel) for miles of her trip through Utah. He also goes on to explain that she would be dangerously low on fuel all the time she was at Ryan Burn’s house in West Jordan.

Let’s take a look at JDT’s calculations:

“There are 16 cups to a gallon, so if we do the math, by GeeBee’s estimation, she has about 12 ounces, or 1  1/4 cups of gas at the Tesoro station, which would give her the equivalent of just over 1.75 miles in the city or just under 2.75 miles on the highway before her tank is bone dry.”

“Most modern passenger cars, mine included, give a low fuel warning when you’re down to about 2 gallons of gas. So at some point in the previous 48-70 miles, Jodi’s fuel warning light went off. Remember, we’re basing this on GeeBee’s hypothesis that she was driving with a bigger tank.”

“So approximately 70 miles from West Jordan, her low fuel light went off. She would also have the fuel gauge to indicate she’s down below 1/8 of a tank and she’d know that her gas cans were empty.” – Just Da Truth

gas pumpJDT again goes through a lot of mathematical computations. He even estimates that Jodi would have only “about 12 ounces or 1 ¼ cups of gas” by the time she gets to the Tesoro station.

But he’s forgetting something. If Jodi had 3 gas cans, those were all empty, too. This means that under the same conditions, with a smaller gas tank, Jodi would have run out of gas long before she got to Ryan’s home. And JDT wonders why we think his “scientific” proofs and “debunkings” are laughable?

(This article is in danger of becoming too long, so we will have even more to say about this next time.)

All Aboard the Banana Boat

Then comes the big scoop. JDT does some research and discovers that Jodi also bought Noxema face cleaning pads and sunscreen at the Walmart when she bought the gas can. The inference is that if Travis agrees to take Jodi to Cancun on Pre-Paid Legal’s annual VIP trip, she will not have to murder him.

receiptJDT looks at the items on the Walmart receipt and finds that Jodi bought small sized tubes of sunscreen. He notes that only small tubes of liquids are allowed on carry-on for commercial aircraft. From there he deduces that Jodi decided that if Travis allows her to go on this trip with him, she is ready with the right size of sunscreen for air travel regulations and the murder is off. So this proves that Travis’ refusal to take Jodi on his trip to Cancun, Mexico is the motive for murder.

Here’s JDT sounding the claxon of good tidings of great joy”

“So, I got to really thinking about some my own niggling questions, and decided to create a new thread to address them. In the midst of researching one element of my question, I stumbled upon what I believe is the truth and the motive behind the killing of Travis Alexander.”

“You guys are going to sh*t your pants. Seriously. I won’t even bother sugar-coating it by saying you’ll poo your pants, nope my friends, you’re going to sh*t your pants.” – Just Da Truth

1329953611-348885_fullLet’s think about the implications. What about the gas cans? Will she leave them in Travis’ garage? What about the rental car? Can she drop it off at the Phoenix airport? What about Ryan? What about the gun and knife she supposedly had? What about Jodi’s lack of cash and her need to get busy and start earning some money? Jodi had been in a secret relationship with Travis and hidden away for nearly a year. Now she will go to Cancun and parade around with him in front of Travis’ friends and business partners? Yeah, that would have happened.

And why is it preferable to have poo in you pants, rather than sh*t?

It was an interesting discovery, I’ll admit. I’m not sure who first made this discovery. Maybe matching the small tubes with airline rules for carry on of liquids was JDT’s new twist to an old story. We did our own research months ago when we heard about this from another source. We Googled the SKU numbers. We discovered that, yes, the item on the receipt was sunscreen. Yes, they were 2 small 3 oz. tubes of Neutrogena Ultra Sheer Dry Touch SPF 85 Sunblock.

JDT’s article promised his readers lots of excrement excitement when they found out that Jodi bought sunscreen in small tubes. Even though she is coming from Yreka in far northern California, to the desert states in the Summer in June (104 degrees or 40 C. in June, 2008). Who knows what Jodi was planning to do if she hadn’t spent so much time at Travis’ home? Brad Justda decides that Jodi really doesn’t need any sunscreen when she’s in the states because she drives mostly at night. Is JDT positive that Jodi didn’t get slightly burned in Southern California earlier or realize she may need some sunscreen and then decided to get some?

Does JDT think that Travis would be so gallant in rushing around to change his tickets and accompany Jodi to Cancun, but refuse to share his sunscreen with her?

Yes, it’s all about Cancun, a perplexing motive for which there is meager evidence. There is not real mention of Cancun in their communications and Travis could not change his tickets. This is set up one year in advance and Jodi didn’t expect to go. Jodi knew he was going with someone else weeks before. This idea infers that Travis, on June 4th, could not tell Jodi, you can’t go, but we can do something special together soon, instead.  Would that have stopped Jodi from murdering Travis?  Why not?

Jodi was on a tight budget on her trip. Sunscreen is expensive. I would also buy a small quantity instead of having a big bottle to lug around, and I’m not planning on murdering anyone, or going to Mexico. What’s so great about Cancun that I would murder if I can’t go there? It’s just a dumb motive.

Yes, Jodi was on a tight budget and Jodi loves her some beauty products, that’s for sure. Can Just Da Truth agree on that?

Back when people were talking about the sunscreen issue, We researched it a little more than Just Da Truth did. We found that sunscreen is used by many women as an economical and viable substitute for expensive moisturizers and as a make-up primer.

Guess what is by far the most popular and most recommended brand for these uses? It’s Neutrogena Ultra Sheer Dry Touch Sunblock (with helioplex), the exact sunscreen that Arias purchased.

Here are two different discussions about this:

yahoo answers 2YAHOO QUESTIONS

Can you use sunscreen as a moisturizer?

“Are you able to use sunscreen as a moisturizer for the face? I find that lotion can cause break outs, which is mainly the reason my face is dry. I have been using acne cream, and my face is all kinds of DRY!!!

Best Answer Asker’s Choice

  • aheart answered 6 years ago

“For me the problem is that I have an oily complexion and I also get those unwanted zits, but since I also have sensitive skin I try not to use harsh treatments. I try to go for the natural stuff. Try looking for the healing garden natural oatmeal soap to wash out your face and use Neutrogena’s Ultra Sheer Dry Touch Sunblock SPF 45+ with helioplex, that one is really good and won’t add the unnecessary shine, by the way, using a suncreen also prevents early signs of aging.”

icompactAsker’s rating & comment

DarleneH (09-01-2011) Sunscreen as makeup primer?

Millenium  Club

Have any of you discovered any sunscreens that function as good primers too, for smoothing out your skin texture? I would think a sunscreen with a lot of silicones would work for that?

bagelwright

Senior Member

Darlene- Try Neutrogena’s Ultra Sheer SPF 30-45 as a primer. It has a dry silky feel and the sunscreen is fabulous!

http://www.icompact.com/forums/showthread.php?t=19331

Why 85 instead of 45? Who knows? Maybe the sun was hot or maybe they were sold out of the SPF 45. This Neutrogena sunblock doesn’t come in a larger size.

Do I want to be like Just Da Truth and say that this proves Jodi is not guilty of M1? No, I wouldn’t say that. That wouldn’t be scientific, logical, or a legally sound argument. I only offer these as possible reasonable explanations. Are there any reasons to buy sunscreen other than a Cancun ultimatum?

In the same way, Justda’s discovery of airplane sized sunscreen is an intersting addition to the Cancun conundrum, but I’m hardly about to take a ride on the banana boat over it. Also, he was a little late to the party.

  • Community QVC.com chatters were talking about the Neutorgena sunscreen Cancun connection on March 7, 2013
  • People on Facebook and Twitter were discussing the Neutorgena sunscreen Cancun connection on March 7, 2013
  • Websleuths.com was discussing the Neutorgena sunscreen Cancun connection on March 9, 2013
  • HLNTV.com reported about the Neutrogena sunscreen Cancun connection on March 23, 2013
  • JDT reported the Neutrogena sunscreen Cancun connection on August 29, 2013

If she couldn’t take the sunscreen on the plane, why would people on all these other sites even bother discussing it?

This was old news, JDT. My underwear stayed nice and clean.

I think we’re right back where we started. Cancun? – It could be, or then again, maybe not. By the way, Jodi was unanimously found guilty of 1st degree premeditated murder on May 8, 2013, so why do prosecution supporters still insist on trying to prove stuff for the prosecution? It’s an agenda driven thing, not to mention that you can fire up a lot of fans simply by finding some new thing to report about Jodi Arias and / or calling her depraved and a whore.

justdatruthBrad Justda continues to believe that Jodi has to prove she’s innocent and that her defenders must disprove all elements of any and all allegations against her. Her defenders must prove that Jodi was not running on empty in Utah. They must prove that the sunscreen was not for Cancun and they must prove there was a rope. This can be referred to as the old rope-a-dope.

JDT can start by providing proof of the story that Jodi hid behind a Christmas tree including what day this happened, and provide evidence that Jodi is a “Ho”. What used to be shocking is now only amusing to me. But is this “just the truth”? Knot very likely.

mini meJDT, or Juan Martinez’ mini-me, is a numbers guy, so he knows that there are at least ten times more prosecution supporters than Jodi supporters to populate his websites. These people gather on Just Da Truth forum to cheer on JDT as he  makes logical arguments founded on false premises or with illogical conclusions, “proves” things we already know, and uses unscientific methods to “scientifically” prove things which cannot be proven.

Do Just Da Truth and his more avid followers get some things right? They do make interesting points. They take a hard look at the evidence, but it’s only Just Da evidence that they want to take a look at. Some of them certainly enjoy making personal attacks for the fun of it.

Sounds justda great, but it kind of ain’t.

Speaking of comics, we find Just Da Truth Blog to be an endless source of comedy.

Your Comments are warmly welcome!

All Rights reserved

See the article by Lise LaSalle.

http://www.allthingscrimeblog.com/2013/12/18/the-infamous-trial-of-candy-crush/

A good reference site by George Barwood

http://jodi-arias.wikispaces.com/

http://jodi-arias.wikispaces.com/Pasadena+to+SLC+%28Gas+can+theory%29