Heros, Zeroes, and Geniuses (Dec 8) #2 Lights Out

Heroes, Zeros, and Geniuses in the Jodi Arias Case #2 Lights Out

The Jodi Arias Murder Trial: The Other Side of the Story

geniuses

Fact – Based Reporting by

Rob Roman and Amanda Chen

Well folks, we now know that Jodi’s motion to dump her lead attorney was denied. The defense motions for a change of venue and individual voir dire (questioning) of the jury were also denied. The motion to obtain the Twitter handles of jurors was denied and the defense motion to sequester the jury was denied.

batmanJust a few days ago (Dec. 5), renewed motions again asking for a change of venue and individualized voir dire were denied again.

Judge Sherry Stephens has now officially become the Queen of Denial. We can call her Cleopatra. It seems the motion to move in slow motion was granted.

Jury selection is imminent, and the trial is scheduled to begin sometime in Mid-February, 2014.

A motion to limit media coverage was granted. It’s lights out for the 2nd penalty phase. We will have to depend on the few reporters who will be inside the courtroom.

So, it’s time for another Heros, Zeroes, and Geniuses segment. We have some from the original penalty and guilt phases as well as some current treasures, in both the normal and ironic senses of the word.

Hero #1

court cameras

Courtroom Cameras

Cameras will still be in the courtroom, however, and we will be able to watch the trial after it’s over. The entire original trial exists on YouTube and other internet sites for everyone to see. It’s your decision whether this was a fair or unfair trial. We say “No way, Jose!”

When hearing reports in the second penalty phase, it’s important to realize just who is doing the reporting and whether what is being reported is factual, or biased speculation. If the person making the report just happens to be hawking their latest book about Jodi Arias at the same time (like Josh Hoffner, the author of “Killer Girlfriend”), be cautious.

This is the guy who claimed he had a “stare down” with Jodi Arias in the courtroom, even though Jodi probably had no idea who he was and was just wondering who this man was who had appeared on her side of the courtroom. This Associated Press Journalist with lots of experience went on CNN’s headline news, but tellingly, had nothing other than that to report as he hawked his equally speculative book about the killing.

Hero #2

donavan

Donavan Bering

Also on Jodi’s side of the gallery almost every day of the trial was Jodi’s jailhouse friend, Donavan Bering. If the chips are down, and the whole world is against you, this is the friend you would want.

Ms. Bering was one of the few guests talking to reporters in support of Jodi Arias. She was a guest on CNN’s Headline News studio a few times, where she reportedly burned the house down!

Sorry, Donavan, just joking. Donavan showed a rare phenomenon in a friend known as loyalty, and she stuck by Jodi’s side through hell and high water.

Now free on parole from an arson conviction, Donavan, was absolutely vilified and lambasted by the media, for being nothing but a good and true friend. The world needs more people like Ms. Bering, who by many accounts is a really nice and caring person.

Hero #3

jennifer willmott lt

Jennifer Willmott

Not nearly enough attention was given to the truly heartfelt and heroic closing statements delivered by Arias’ 2nd chair attorney, Jennifer Willmott form the original penalty phase.

Just listen to it one more time (below).  This was a visceral and heart-felt plea for sparing the life of Jodi Arias. Ms. Willmott may have been responsible for the 4 jurors who would not back down on their votes for life.

When you have a tragedy, especially with Arias’ circumstances of good character, nothing more than a traffic ticket, and a lifelong mental illness, you try to salvage what is left from the tragedy. You don’t throw a person’s life away on the basis of what’s been presented in this case. Execution still hangs over Jodi Arias’ head, and it will be interesting to see which defense attorney does the closing arguments this time.

Zero #1

troy hayden brt

Troy Hayden (Fox News Phoenix)

and Ryan Owens (ABC correspondent)

This man is the Fox News reporter located in Phoenix, who interviewed Jodi Arias after the guilty verdict (see the video below). What Jodi said in this interview was the reason why she was confined to the jail psychiatric unit for 3 days after the guilty verdict (risk of being a danger to self). His interview was very fair, compared to the interview from Ryan Owens, an ABC correspondent.

ryan owensRyan Owens lied to Arias when he agreed not to show Jodi’s prison stripes or leg chains, as a condition of the interview. His reasoning was he didn’t have to abide by this agreement because it was made with Jodi Arias. Ryan Owens aggressively attacked Arias in the interview, demanding of Arias ‘When are you going to finally tell us what really happened in that bathroom?

 Jodi spent a lot of time under oath explaining what happened in the bathroom. What really didn’t happen in that bathroom is what the prosecution says happened, because the forensic and crime scene evidence contradicts their theory.

Last week, Troy Haden reported that he had interviewed a former cell-mate of Jodi’s who claims Arias wanted to know why Juan Martinez doesn’t love her and that Arias threatened to have Juan Martinez killed by way of “Mafia Bow tie”  or slit throat.

We became immediately suspicious because

super heroA)    No details were provided such as when was this said? Where was this said, under what circumstances was this said? How long was she cell-mates with Arias?

B)    No details were given about this cell-mate such as what was her crime, what is her current status, etc.

C)    No other statements were given from the former prisoner, besides the derisive statements about Arias. What else happened while the two were cellmates? Are there any positive things that happened?

No real reporter could take this report seriously. Yet all the major outlets and all the most popular blogs, and all the social media parroted it like it was gospel.

Few people reported any facts at all about this prisoner, who appeared to be quite obviously mentally ill.

Since there is now a media blackout, the media will be dependent on the reporters who are actually in the courtroom and viewing the trial live. So, it’s no small wonder what Troy Hayden was trying to do. Troy Hayden is another opportunist who wanted to get a scoop so he could set himself up as the go-to guy for the 2nd penalty phase. It’s really that simple.

Zero #2

nancy grace

Nancy Grace

At least we know Nancy Grace is not liked by people on all sides of this case, regardless of her odes to the fallen heroes in Afghanistan.

Nancy Grace  did everything in her power to incite the lynch mob against Jodi Arias, including declaring her guilty of premeditated murder a few days into the trial, because Travis was stabbed in the back. Actually, the stabs in the back may actually be defensive blows made by Arias while under or face to face with Travis Alexander. The description, shape and pattern of these wounds are much less likely to be made in an offensive manner as they would in a defensive manner.

zerosNancy was much more fair to Brett Seacat (fair trial – guilty – private legal team) and Dr. Martin MacNeil (fair trial – guilty –  private legal team). See if you can spot the differences.

The good news is that CNN and Headline news are now under a shake-up due to low ratings. The new boss has promised that CNN and HLN will be unrecognizable in 2014 from what they are now .

We hope this means Nancy grace will lose her show and get the old Heave-Ho. We are tired of watching her be rude to guests who disagree with her, hang up on them, talk over them, or disconnect them in mid-talk as she has done to Beth Karas and others so many times.

Zero #3

sheriff joe

Sheriff Joe Arpaio

Jodi Arias reported that a toilet near her cell was running continuously and yet no staff did anything about it for days. These are people who are supposed to notice stuff like that. So, it’s small wonder that other prisoners at the jail have cried and screamed for basic medical attention and nobody ever came around, after which they needed to be hospitalized and some died in their cells.

japanese zeroJoe made our list by reducing visiting hours just in time for the holiday to .5 hours per week (probably to save on overtime). Sheriff Joe also took all meat out of the prisoner’s meals to save money. He boasted that he had gotten Thanksgiving dinner down to a cost of just 60 cents per meal. Way to go, Joe!

Joe is such a good, frugal money saver, especially in election years in Arizona. So allow me to mention this fact from Wikipedia:

There have been two thousand lawsuits and the 43 million dollars in payouts against Sheriff Joe.  That’s “50 times as many prison- conditions lawsuits as there were in New York City, Los Angeles, Chicago, and Houston jail systems combined” (Sources: Wikipedia and AZCentral.com).

For a guy who sure can save that money, you sure are losing a damn awful lot of money. Say it ain’t so, Joe!

Genius #1

cassandra collins brt

Cassandra Collins

Okay, look at this hairdo and look at the facial expression. I don’t mean to be judgmental, but this was immediately indicative of mental illness, having worked in this field.

But that didn’t stop Troy Hayden from broadcasting every inflammatory word this woman had to say about Jodi Arias, including that Jodi Arias allegedly posed for Cassandra naked with her buttocks jacked up like she was in that famous photo that Travis took, and asked Cassandra “Does this look forced to you?”

Readers who know the facts later determined that Cassandra Collins was Jodi Arias’cell mate sometime in 2009.  If we wanted to research this for consistency and reliability, a good reporter would get the month and date these supposed things happened and see if they match up with testimony given in pre-trial hearings, etc.

sherry stephensJodi Arias denies this account. She also denies that she threatened to have prosecutor Juan Martinez killed if she received the Death Penalty, by way of a “Mafia Bow tie”.

A “mafia bow tie” is not listed in the urban dictionary at all, and is nothing but an actual bow tie. A Columbian or Mexican Neck tie, is when someone slits a victim’s throat and pulls their tongue through the slit, as a message to rivals.

Although, this was mildly amusing, few people reported the fact that Cassandra Collins was found to be incompetent to stand trial (not mentally capable of understanding the difference between right and wrong). Not only that, she was adjudicated as being “not likely to become competent any time in the near future”.

How do we know this? Jodi’s proxy tweeted the court records out on Twitter.

Did Jodi get naked and up close and personal to get Cassandra the hell out of her cell? I wouldn’t blame her. Most likely, Cassandra made the whole thing up because she wanted to ride on the Jodi train.

Good luck Cassandra in your future pursuits (of fame).

Genius #2

Metallic Twitter Logo

Twitter Twits in the Twitterverse

I always want to check on what facts and relevant information the Prosecution Supporters are working on. Here is what I found:

Terri Stefaniw ‏@TerriStefaniw

#jodiarias Twas the night b/4 xmas, and all through “the House”, every jailguard is glowing cause Hodi’s been blowing.

– That’s not nice!

Jtwitter 1effrey Evan Gold ‏@jeffgoldesq

#JodiArias asked court to reconsider change venue & individual juror Qs motions in light of @troyhaydenfox10 interview with cellmate: DENIED

Favorited 13 times

– In light of Troy Hatden’s childish report. No self-respecting reporter would ever have submitted such trash, but in the case of Jodi Arias, all’s fair, I guess.

Hodi‏@HodiHo69

There’s #jodiarias again! #lotlizard @JodiAnnArias pic.twitter.com/wgpK9CN6Sg

jodi truck stop brt

– This one is quite self-explanatory.

twitter 2Morning Express ‏@MorningExp 3 Dec

Could alleged #JodiArias revenge plot impact the final phase of her murder trial?? http://on.hln.tv/52ozvO

– Why should it? It’s not credible. It’s being investigated by both the defense and the prosecution, so we will be hearing more about this. If she did this, bring her up on charges! You never will, because it’s ridiculous.

Nancy Grace ‏@NancyGraceHLN 8 Nov

I guess the #MartinMacNeill defense team took a page out of the #JodiArias playbook & decided taking the stand was a big no-no

– Martin MacNeil was not claiming self-defense, where a defendant is obligated to take the stand, in most cases..

geniusTeri ‏@Teri423 13m

@nuts2beanz @TerriStefaniw @JodiAnnArias There is nothing that will EVER clean that GASH. It is PITIFUL, well, she is. #jodiarias

Uh Oh…. potty mouth!

boomer ‏@nuts2beanz 19m

@TerriStefaniw @JodiAnnArias this would be a great oxyclean commercial. Might even clean up that gash of hers #jodiarias

– Peer pressure!

ESNEET4113 ‏@esneet4113

RT“@debrasweet1959: @esneet4113 I’m not sure about that Dahmer was still loner not Manson” Manson was a manipulator just like #JodiArias

– When did Jodi Arias get into the same class as Dahmer , Bundy, and Manson? Since she killed her dog, like many serial killers do! Of course, why didn’t I allege that?

Vinnie Politan ‏@VinniePolitan 3 Dec

4pm on @HLNtv I will be talking about #JodiArias and her alleged threats against #JuanMartinez

– Because I have nothing factual and informative to talk about!

Michael Kiefer ‏@michaelbkiefer 26 Nov

Nurmi is saying that asking jurors for their Twitter handles is less intrusive than asking their address and phone number. #jodiarias

Retweeted by InconvenientTruthsTV

– Michael Kiefer, the only fair reporter out there.

Another reason we wanted to draw attention to some of these tweets is because they are a precise blueprint for how to stalk and bully on the high –  tech Interweb.

Free speech is free speech. If you want to scream to the world that you are an ignorant fool, have at it.

bullyI don’t know the age of these people, but what are these people teaching their sons and daughters, sisters and brothers, or their children when they use  the social media to attack a person like this?

It makes people feel bigger when they can project their own evilness and sickness onto soneone they feel deserves it, and gain some friends for good measure. I am the coolest because I threw the biggest rock at Jodi Arias! miley smThe kicker is that Jodi will never see these Tweets.

Great way to show us your naked cruelty, aggravation, and penchant for vengeance. Really Nice!

Great way to memorialize Travis!

So while these Twitter Twits of the Twitterverse are sharpening their claws on Jodi Arias, who are they stalking and attacking in real life? Who are they teaching to do the same?

These geniuses are pitiful, ignorant and  maybe a little bit funny if they weren’t so sad.

Genius #3

Jeffrey Martinson 9 years in prison: Case dismissed
Jeffrey Martinson 9 years in prison: Case dismissed

Maricopa, Arizona Prosecutors

PHOENIX, Nov. 20 (UPI) — “Citing “a pattern and practice of misconduct” by prosecutors, an Arizona judge has freed a man charged nine years ago in the death of his son.

Judge Sally Duncan dismissed first-degree murder charges against Jeffrey Martinson in the 2004 death of his 5-year-old son, Josh, and ordered the father be released Sunday, The Arizona Republic in Phoenix reported Tuesday.

jodi arias 88Duncan dismissed the charges “with prejudice,” meaning Martinson cannot be tried again on the same charges.

In a 28-page ruling, Duncan detailed what she called the prosecution’s “win-by-any-means strategy.”

Duncan said Deputy Maricopa County Attorney Frankie Grimsman charged Martinson with felony murder, then tried him as if he were charged with premeditated murder.”

http://www.upi.com/Top_News/US/2013/11/20/Arizona-judge-dismisses-murder-charges-over-prosecutor-misconduct/UPI-91401384973035/

Here we go with the felony murder vs. premeditated murder thing, again.

Let’s do a review.

wonder_woman 2Felony murder is usually when an unintended murder is a by-product of another intended felony.

You go to rob an empty home. Someone is unexpectedly there or shows up unexpectedly and you kill them. That’s felony murder,

You go to rob a bank and the teller has a heart attack and dies. This can be felony murder.

You rob a bank with a friend and the friend shoots and kills a cop. You and your friend  have both committed felony murder.

You rob a bank with a friend and the friend gets shot and killed by a cop. You have committed felony murder.

You go to a home to kill someone and after that, you decide to rob him. Tthat’s premeditated murder and a separate charge of burglary.

*

So, what happened in this case? Martinson was accused of child abuse and the death of his 5 year-old son. It was a death penalty case.

The prosecution theory is that Martinson abused and drugged his child many times, and one time when he was abusing him, the child died.

The case was  presented to the Grand Jury, charged, presented to the court, and presented to the defense attorneys as a first degree felony murder. In the course of the defendant committing the felony of child abuse, the child died. The Aggravator making the case death penalty eligible was “ extremely heinous, cruel or depraved”, stating that it was depraved because it was a “senseless murder”.

super shopperShortly before trial, in spite of objections from the defense and warnings from the judge, the prosecution presented the case as a first degree premeditated murder.

This means that they must have discovered at the last minute that they couldn’t get a conviction on their original theory, so they changed it. But the prosecution did not inform anyone about this change, but they tried to hide it.

In addition, the aggravator of senseless depravity is not relevant to premeditation in this case. The prosecution refused to admit this error and violation of the rights of the defendant to know what crime he is being charged with .

This dismissed case was a Death Penalty case. The man was in jail and prison for 9 years. You do not play games when someone’s life is at stake.

If you have read some of the other articles on this site, you will know there is a clear pattern of “get the conviction at all cost no matter what the facts and the evidence are” in Maricopa. Arizona.

….and the mainstream media will never report about that!

(Thanks to SW, for this one)

Troy Hayden interviews Jodi Arias

Ryan Owens interviews Jodi Arias

Jennifer Willmott, Heroic closing argument

All comments are welcome and appreciated

All Rights Reserved

sources:

http://www.azcentral.com

http://courtminutes.maricopa.gov/docs/Criminal/062012/m5297705.pdf

http://www.azcentral.com/news/articles/20131119man-held-sons-death-ordered-freed.html

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Spotlight on Dr. Kevin Horn

jatrial

The Jodi Arias Trial    On The Horn of a Dilemma

 

Fact based reporting

By Amanda Chen with Rob Roman

horn 3 images (9) 

 attack new

At the trial, Jodi Arias said something very true about Dr. Horn and the prosecution. She said “I disagree with the order of injuries”.

 The diagram above is how Jodi explained the gunshot. A not incapacitating shot stunned Travis, and he fell to the bathroom floor, before going to the sink. This diagram is not scientific. The shot (red line) would have to come from above Travis’ head and to his right on a roughly 45 degree downward angle.

This theory fits the forensic evidence. Jodi Arias may have gone to his aid, when the deadly struggle resumed. Dr. Horn made the jury and all of us certain that this could not be so. So we should take a look at the very important testimony of Dr. Kevin Horn.

There are many ways a prosecutor can win a case. There is hard work, attention to detail, experience, excellent direct and cross-examination of witnesses, and preparation. There is also a fierce devotion to the job of bringing a dangerous criminal to justice. Finally you will need a good grasp of the evidence, and know how to explain and persuade a jury that your evidence is sound.  

Detective Flores was very convinced before the trial that the gunshot was first. He told the 48 hours interviewer three times that this was so. Was this because he trusted what Jodi Arias told him? I don’t think so. Detective Flores said that he is not a medical doctor and he cannot determine the order of injuries. He must rely on the medical examiner to be so confident that the gunshot was first or last.

Why does it matter? If the gunshot was last, this means many things that Jodi Arias said on the stand about June 4th, 2008 must be lies. It means that the attack on Travis Alexander began with a knife. After so many knife wounds and slitting the throat of her victim, Jodi then shot Travis in the head in cold blood, just to be sure he was dead or maybe to create the illusion of two attackers. Here, there is no possibility of self-defense. 

 Pretend that it was proven that the gunshot was first. What does this mean? Here, there are two possibilities. Jodi shot Travis while he was sitting in the shower. The shot did not incapacitate or kill him and he was still moving about in pain. Jodi could not call the police or get help, because it looks very bad for her. So she gets a knife and “finishes him off”.

The other possibility is that Jodi was telling the truth. She shot him in self-defense and he continued to come at her, so she got hold of a knife and fought back. Then in a highly charged state fueled by adrenaline, she went too far. Her memory was impaired in some way.

If even one juror could believe this possibility, this jury could “hang”. If more jurors see the possibility, Jodi might not be found guilty of 1st degree murder. This is not a good position for the prosecution. Jodi Arias already tried to plead guilty to 2nd degree murder. Every member of the jury must be convinced that the gunshot was last for the prosecution to be certain of winning this case. 

horn 7Then we are introduced to Doctor Kevin Horn. Dr. Horn proved convincingly that the gunshot was last. During his testimony, the prosecutor asked over and over about this point. Dr. Horn testified three times during the trial, and each time he gave more testimony about the gunshot and the order of injuries.

A medical examiner is a trusted public servant, a scientist, and something of a detective. They are experts in their field and we can be sure what they say is true, right?

 If you saw the trial of George Zimmerman, you will remember Dr. Shipping Bao testifying for the prosecution. First he said Trayvon Martin could only live 3 minutes after being shot. Then he said Martin could live 10 minutes. He thought Martin could have been shot from .4 inches away or maybe from 4 feet away.Bao said Trayvon would be immediately incapacitated. Later, he said Martin could have walked 20 feet. He said that many things were “not my job”.  He read from notes that no one ever saw before. He admitted to improper procedures before, during and after the autopsy.

http://www.talkleft.com/story/2013/7/5/145044/7130/crimenews/Zimmerman-Medical-Examiner- Changes-Opinions

http://www.heavy.com/news/2013/07/medical-examiner-testifies-in-zimmerman-murder-trial/

 Why do I bring up Dr. Bao? It took Dr. Vincent DiMaio, a renowned medical examiner and gunshot expert, to discredit Bao’s testimony. It seems that many times, lower level workers and assistants do a lot of the work, and a supervisor signs off.

 Dr. Bao said something very interesting. ‘My opinion is mine, it belongs to me. I can change any time, my right to change.’ But a change in opinion in a capitol murder case can mean the difference between life and death.

There’s always plenty of other evidence and witnesses in a case. Can the testimony of a medical examiner be so critical to a case? Can a small change in the medical examiner’s report or opinion change the outcome of a trial? Let’s look at some recent cases:

 “Dallas, Texas — A jury found appellant, Victor Hugo Quinonez-Saa, guilty of murder and assessed punishment at 75-years confinement and a fine of $10,000.

In his first point of error, appellant asserts that the admission into evidence of autopsy photographs was reversible error because the medical examiner who testified had not performed the autopsy or viewed the body of the deceased. The autopsy had been conducted on the deceased by Dr. Auerlio Espinola, an assistant medical examiner.”

http://www.leagle.com/decision/19931564860SW2d704_11465

 “BROCKTON, Mass. — Massachusetts prosecutors have taken the highly unusual step of charging one of their own expert witnesses — Connecticut state medical examiner Dr. Frank Evangelista — with perjury for what they allege are inconsistencies in his testimony in a murder case.”

http://www.middletownpress.com/general-news/20120120/connecticut-assistant-medical-examiner-charged-with-perjury-in-massachusetts-3

images (7) “ST. PAUL, Minn. — After spending six years in prison, a Minnesota man has been exonerated in his daughter’s death. Avry was just four months old when she died. Mike lost his daughter and then six years of his life, after being convicted of killing her. A judge found the Ramsey County medical examiner gave false or incorrect testimony.”

http://minnesota.publicradio.org/display/web/2011/10/03/county-to-further-review-case-involving-medical-examiners-false-testimony

 “Highlands, Texas  — On May 5, 1999, Brandy Briggs found her 2-month-old baby Daniel Lemons limp, barely breathing and unconscious at her home. She called 911 and the baby was rushed to the hospital. On May 9, the baby died. Ms. Briggs was prosected for 1st degree murder. The evidence was based on the opinion of Dr. Moore, a medical examiner.

The trial court found that “Dr. Moore’s trial opinions were based on false pretenses of competence, objectivity, and underlying pathological reasoning, and were not given in good faith.” The trial court characterized her testimony as “expert fiction calculated to attain a criminal conviction.””

 Here is a passage from the court report on this case:

“The Due Process Clause of the Fourteenth Amendment is violated when the State knowingly or unknowingly uses perjured testimony to obtain a conviction. We held on direct appeal that false testimony resulted in a due process violation when there was a fair probability that the death sentence was based upon incorrect testimony.””

http://www.cca.courts.state.tx.us

 Medical examiners make honest mistakes like everyone else. Medical examiners are overworked and they are under pressure to help the prosecution team get a conviction. So, what do a few cases gone wrong really show?

 Doctor Horn appeared confident, thorough, and trustworthy. We should not try to implicate Dr. Horn because of mistakes in other states and under different conditions. He is very careful with his reports and testimony, isn’t he? Let’s take a look at two of Dr. Horn’s past legal cases:

images (8) “Ms. Randall operated a home day care business. She discovered a four-month-old child unconscious on her floor on April 18, 2007. She called 911. Paramedics transported the child to Phoenix Children’s Hospital. The youngster was taken off of life support the following day, and passed away.”

 “Kevin Horn, M.D. (“Horn”) performed an autopsy. A CT scan revealed a “possible skull fracture, secondary to brain swelling.” The Peoria police were notified and Detective Kevin Moran was assigned as the lead investigator. Subsequently, Dr. Horn concluded that the youngster died from “blunt force trauma of the head and neck.”

 A grand jury indicted Randall for the child’s death in November 2007.The Prosecutor’s Office announced they would seek the death penalty.”

 “Nearly two years later, the State finally withdrew its notice seeking the death penalty. After argument, the charges were dismissed with prejudice on August 4, 2010.

 Ms. Randall then filed a complaint. The amended complaint alleged eleven causes of action and the named defendants included Maricopa County, the Maricopa County Attorney’s Office, Thomas, Whitney, Horn, Moran, and the City of Peoria.”

http://statecasefiles.justia.com/documents/arizona

 Here, Dr. Horn seems to make a neutral diagnosis of injuries, which then changes to intentional infliction of injuries shortly after meeting with Detective Moran and the D.A.’s office. This death penalty case never made it to trial. In the next case, the self-defense case of Harold Fish, Dr. Horn seems to pass off mere speculation for scientific certainty.

 “ISSUE PRESENTED FOR REVIEW:

The speculative testimony of the Medical Examiner, Dr. Horn (in State v. Fish), was relied upon by the State as “forensic science” in arguing their case to the jury. Yet, the testimony of Dr. Horn failed to meet minimum evidentiary standards.” 

 “Although the Court of Appeals found that Dr. Horn ultimately focused upon “offensive” and “defensive” wounds as equally likely ….. we submit that expert testimony speculating about gunshot wounds as “defensive wounds” when they are no more likely than “offensive wounds” not only falls short of evidentiary standards, but is more prejudicial than probative.”

 “The State relied upon the testimony of Dr. Horn as essential evidence to support its conviction. It is obvious that the State would not have prevailed (in State v. Fish) without the testimony of Dr. Horn.”

“An expert opinion must be within a reasonable degree of medical probability which is an important evidentiary standard throughout the United States that must be enforced in order to prevent unreliable medical testimony from swaying juries, which is exactly what happened in Fish’s case.”

 “Dr. Horn’s interpretation of the wounds as “consistent with defensive wounds” was nothing more than a speculative judgment about one possibility within an array of many possible inferences.” 

 “The testimony of Dr. Horn not only swayed the jury, it was used as the decisive “evidence” against Fish. Dr. Horn’s testimony fell below evidentiary standards and was misleading. It violated due process of law.” 

http://www.haroldfishdefense.org

horn 2 ta 115

In the Arias case, Dr. Horn said that the gunshot pierced the skull and therefore must have impacted the brain. Dr. Horn said the victim was shot in the frontal lobe and therefore would be “immediately incapacitated”. Dr, Horn’s report indicated that the brain was not impacted by the bullet, but he claimed it was a typographical error. All of this is highly questionable.

 Dr. Horn stated that he found no blood in the wound tract. Crime scene photos show blood pouring out of Mr. Alexander’s nostrils. Dr. Horn stated that the gases from the gunshot would cause a massive shockwave through the brain. If the brain was impacted, the wound tract through the brain could only be mere fractions of an inch.

http://www.youtube.com/user/croakerqueen123

 Shortly before the trial, Juan Martinez aksed Detective Flores to meet with Dr. Horn. They met to discuss possible death penalty aggravators. Detective Flores changed his opinion and his sworn testimony. Dr. Horn’s opinion and report also changed. Detective Flores stated all this at trial. Dr. Horn was insistent and adamant about his new opinion after holding the opposite opinion for years. Imagine that!

http://www.youtube.com/user/croakerqueen123

 Imagine this: Lisa Randall was a grandmother and Day care operator who faced the death penalty and three years of prosecution based on no evidence other than the faulty medical opinion of Dr. Horn.

 Harold Fish was a retired teacher and a Mormon father of 7. Fish was an avid hiker and hunter forced to kill a man who attacked him on a trail. His conviction was reversed and he was released from prison to enjoy three years of freedom before he passed away.

horn fish randall

 In both cases, there was no evidence at all to support a conviction. There is nothing anywhere in the past of either to suggest they would harm or kill another person. There are only the tragic events of one day and the testimony and opinion of Dr. Kevin Horn.

lisa randall 

  Lisa Randall:  Death Penalty and First Degree Murder Charges Dropped

fish freed 125

Harold Fish: Conviction Reversed 

The Prosecution was certain that the gunshot was last. It was a post-mortem gunshot and Travis Alexander was already dead. If so, then there is no question that this is “gratuitous violence”, needlessly inflicting a gunshot after the victim had died. If so, this easily proves the heinous and depraved prongs of the cruelty aggravator. Interestingly, heinous and depraved were not charged in this case.

 The prosecution took the gunshot last theory, persuaded the jury and most trial watchers, and got the conviction. Yet, the way the case was presented shows that the prosecutor does not even believe his own theory.

 Here is something else to imagine: the theory, using a presumption of guilt, that the gunshot was first and that Travis Alexander was shot above the right eyebrow while sitting down in the shower.

 This theory fits the forensic evidence. It has a much more profound “cruelty aggravator”, and it is a much more reasonable theory to seek a 1st degree murder conviction. Further, this is the only scenario under which the charges of both 1st degree premeditated AND felony murder make any sense at all.

 So you really need to ask yourself: Why, then, did the prosecution try so hard to disprove it?

 Death From Above

shower shot ta

I call this the “death from above” theory.

It’s not so scientific. Like Jodi, I’m an artist, so maybe I can see images in my mind and understand the dimensions easier than others. Maybe we need to use a dummy to truly see it.

If Travis was sitting in the shower, then taking a presumption of guilt, this is how he was shot. It’s a slightly angled downward shot from in front and above Travis. The prosecution didn’t want the jury to consider this theory because then the jury would also have to consider the defense theory, and the defense theory is the most reasonable of the three, according to the facts.

travis floor

 Post Traumatic Death on the Floor

This is the prosecution’s theory. After Travis Alexander is stabbed and his throat is cut, Jodi drags him still “bleeding out” near the bathroom sink where, for some reason, she shoots him at a slight angle. She doesn’t shoot him last in the shower, because he was found in the shower with his left side facing out.

 The average width of a human head is 18cm (7.1 inches). Let’s imagine Travis’ head diameter is 8.0 inches. The gun barrel would have to be somewhere near 8 to 12 inches above the floor.

 That makes good logical sense, doesn’t it, Dr. Horn?

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These are actual X-Ray and CT scans of the brain. Look at all that room right where Travis was shot. There is easily plenty of room for that gunshot to completely miss the brain. Travis was shot in the face through the skull and the nasal cavity. Travis was not shot through the frontal lobe. It was not “rapidly incapacitating”. Dr. Horn is wrong again. 

2837904-human-x-ray-head-with-brain images (9)

The “Linebacker”  position

attack new

Defense Theory

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