Last Words: Nurmi has a bright pink tie

Fact based reporting by

Rob Roman & Amanda Chen

In this article, we go over the last words spoken in the final arguments of the 2nd penalty trial. We also go over the last words spoken between Travis and Jodi before her fateful trip to Mesa, Arizona. This is Nurmi’s 2nd or rebuttal, closing argument, the last thing the jurors heard before going into deliberations and taking control of the case.

“Now, Andy did you hear about this one?
Tell me, are you locked in the punch?
Andy are you goofing on Elvis? Hey, baby
Are we losing touch?

If you believed they put a man on the moon
Man on the moon
If you believe there’s nothing up his sleeve
Then nothing is cool ” – R.E.M.

 

It’s all in the hands of the twelve jurors now. We await their decision expected sometime between Monday and Thursday.

Like before, we cobbled this together from Tweets mostly from Jen Wood at The Trial Diaries. Here is the final argument by L. Kirk Nurmi:

 

Tie Nurmi 1

Kirk Nurmi has on a bright pink tie today and he’s getting all ready. Juan has arrived in a black suit and yellow tie. The Courtroom is very full today. Jodi Arias has come in wearing a grey blouse, her hair is down. Jodi is smiling and laughing with Jennifer Willmott.

Nurmi starts with a “Good morning!”

Juan objected and we have a sidebar.

 

 

 

Tie Juan 1

(Okay, I was joking about that)
Nurmi is talking about what the State has just presented … he’s calling it snipits.

Juan objected and we have a sidebar

(for real, this time)
Nurmi is going over the cross of Dr. Fonseca and how Jodi’s said “F*ck You, Bill” to her Dad after he slapped her, and Juan Martinez took issue with that.

Nurmi says Juan never took issue with a father slapping his daughter, but he takes issue with the daughter’s response. (Jen Wood never mentioned that in her tweets yesterday) Nurmi is a lot more aggressive today.

Now he’s bringing up the “total bitch” comment by the cousin.
Nurmi makes an excuse saying Jodi experienced trauma as a child by being physically and sexually abused.

Nurmi is saying Juan putting up a picture of TA’s neck cut open and asking if it was a smile was disgusting. (another thing Jen neglected to mention when it happened).

Kirk is telling a story about a lost key. Now he is telling the jury to look for that key and ask yourselves if you will kill this girl…he show’s a photo of Jodi Arias.

Tie man on the moon 2Nurmi says Martinez’ story about dead men on the moon is a distraction from the State. Martinez telling the jury about men left on the moon isn’t real. Now is real. Nurmi points to Jodi and says “Will you kill this woman?!!”

Kirk says the state claims the defense thinks Travis was a bad man. Nurmi says that never has happened. He reads the e-mail from Sky Hughes to Travis telling him he’s been affected by his up-bringing. He repeats that they don’t think Travis was a bad guy, but he wasn’t always good to Jodi.

“Martinez distracts again by telling you our experts relied on the laws of attraction”. Nurmi says Dr. Geffner relied on tests and the records. Geffner and Fonseca relied on state’s evidence also, the e-mails from Sky and text messages.

Nurmi says the state now tells you Geffner thinks Mormons lie…he never said that. Geffner stated they may have a difficult time discussing sex. “This is another distraction from the state”.

Nurmi is telling the jury Deanna Reid lied to them and she’s lying for Travis. Bishop Vernon Parker was another one who has lied for Travis. Nurmi wants the jury to listen to the sex tape.

Tie man on the moon

Nurmi starts going over Witness #1’s testimony, saying Travis confessed to him about being sexually abused. Nurmi is bringing up the 12 year old comment about the orgasm….he’s addressing the women of the jury and if their men would ever say….

Objection! …Sustained!

Nurmi says “distraction, distraction, distraction” He asks if Travis talking about this is appropriate and if their men would find that appropriate….

Objection!!….sustained, and the jury is asked to disregard the remark.

Kirk is saying Travis has an issue with porn and “it would be normal if not for his faith…well some of it”. He brings up a video of a teacher having sex with a student that was found on Travis’ computer.

‘Remember how I was cross-examining Dr. DeMarte, and I said Good Morning and she didn’t respond? That shows her bias. Nurmi continues with his theme that the state was “distracting from the facts of the case”.

Nurmi’s talking about Borderline Pesonality Disorder and how Jodi was suicidal at a young age and it’s not just one thing…it’s many things.

He advises the jury to read Jodi’s journals. The State says why would she not tell about negative things in her private journal, but Travis ripped out pages in it. The state is telling you there must be some rules to journal writing and all negative things are required to be in there.

‘What if she did write she was beaten and she caught Travis masturbating and he found that…he read it?! What then?” “Please read the e-mail from Chris Hughes to Travis, that e-mail shows concerns about Travis’ behavior toward women.”

Nurmi is addressing the ‘how do we know if Travis invited Jodi Arias into his house the day of the murder’ question. He says if Jodi wasn’t invited then nude photos of her vagina wouldn’t have been taken. Nude photos of Travis wouldn’t have been taken.

Tie Jenn 3Kirk is saying that the letter to Abe was sent to Travis because he had tension with Abe and Jodi sent it to Travis because he wanted a copy. Travis was pissed off about Abe. It’s the power and control. Travis Alexander was a “jealous man”.

Nurmi is saying the state is distracting them over the “photo-shoot” text the state claims didn’t come from Travis Alexander’s phone.

Photo-shoot text message:
Tie photo shoot text

May 02, 2008:
“Remember this. That photo-shoot is gonna be one of the best experiances [sic] of your life and mine. I haven’t stopped thinking about it, the pics ill [sic] take, the progressiveness of it, from very clean to very very dirty and everything in between.

It will tell quite a story and be a lot of fun and not a day has gone by that I haven’t dreamt about driving my shaft long and hard into you. When I am all by [sic] lonesome I have no desire to think of anyone else in my scandilous [sic] fantasies because from my own experience nothing is even enjoyable compared to you.

Because of that I spend a lot more time getting myself off. What you do and let me do to you puts me on another planet. You are the ultimate slut in bed. No wonder I blow enormous loads every time. I want to send one down your throat and another on your face and want to taste you as you ride my face.

I want to throughly [sic] work my tongue along every hole of your body. You are going to get taken like you have never been taken before. When its done the intensity will make your body feel like youve been raped but you will have enjoyed every delightful moment of it.

the Ups and Downs of Jodi and Travis
the Ups and Downs of Jodi and Travis

 

You’ll rejoice in being a whore thats sole purpose in life is to be mine to have animalistic sex with and to please me in any way I desire.”
Nurmi says no evidence this isn’t a text from Travis and the Helio phones were different back then. He’s saying the language in this text fits it coming from Travis Alexander. Nurmi is comparing the text to the sex call and how the language is similar. He says the reality of this is the text came from Travis…. “a highly sexual man”.

Kirk says Dr. Fonseca didn’t totally rely on this…it was just one piece to a puzzle. It’s not a “distraction”. He says the father of the 9 year-old girl was concerned that Travis had his daughter’s name and this is another piece to the puzzle…how did he get that?

Nurmi is pointing to Jodi as he reads about mitigating factors…these aren’t excuses. “Jodi up until this point lived a life that doesn’t deserve to be taken away now”.

“The State says she killed Travis Alexander, now kill her.”
“Don’t be distracted about what the task is before you.”

”Jodi worked hard and lived a law abiding life. She supported herself and sometimes her boyfriends. “Jodi did all this while mentally ill.”

Nurmi says Ms. Arias not getting validated created a mental illness. Now on to the physical/emotional abuse on the list of mitigating factors …Kirk says the state doesn’t want you to believe the victims.

Jodi Arias is looking intently at the photos of Darryl, his son, and her on a trip to a state park. Nurmi says the relationship with Travis was different because of the emotional stress and the fact the relationship was tumultuous.

“How do we go from a sexual encounter to a murder on the same day…..?.”

Tie man 1Nurmi explains to the jury that Dr.Geffner wasn’t a hired gun. He’s an honest man who did testing to verify the PTSD. He says Dr, DeMarte works for the State part time and has even raised her rates to testify…she’s the biased one.

“Jodi didn’t have secondary gain during the interviews with Detective Flores.”

“Jodi just didn’t want to expose Travis just like Deanna Reid didn’t want to expose him.”

Kirk is going over previous trial testimony, going over how Jodi told the jury what she did was horrific and she couldn’t imagine doing that to another human being.

Nurmi – “Her history doesn’t show she was violent…only kicking at walls.”
February 14, 2007 letter:

Feb 14, 2007 16:58– Arias email to TA:

Travis,
“I’m sorry that the last few days have bee so frustrating for you. I wish I could have offered you more consolation over the phone. I guess I was just at a little bit of a loss for words. And perhaps, a little bit intimidated, not necessarily because of how angry you were, but because I wasn’t sure how you would react to me trying to comfort you.

I compare it to my own experiences, and I know that sometimes, I don’t want to hear it, I just want to yell and scream and vent (yes, I do on very rare occasions), and go through the motions until the situation plays itself out. Other times, I need comforting and to be told that everything is okay. I wasn’t sure exactly what you were needing, so I just listened, and as the conversation evolved, my heart filled with compassion for you.

Tie Jodi 8However, you already know the Secret. I don’t need to remind you. But you are so powerful, and you can turn this situation around at anytime. I found out, much to my regret, that my anger is very destructive. I’ve never beaten up anybody over it, but I’ve kicked holes in walls, kicked down doors, smashed windows, broken things. It hurts people and it hurts me. It lowers my vibration and attracts unwanted lower-vibrational situations and people into my life.

So I strive every day to “be the bigger person” and be a living example and Choose the right and see everything through a filter of love. But it doesn’t always work that way! I mess up. Sometimes I forget who I am. But I will never stop striving to be Christ-like as much as I possibly can.

This morning, I woke up feeling awful. I called Darryl (only because I had to give him the phone number to our mortgage lender) and he said, “hey, I was just going to call you. Any change in your situation?” And that’s all he had to say. I lost it.

Tie Jodi funThere’s the foreclosure of the house, which is quickly spreading like cancer throughout other areas of my finances, and probably his, too. And I don’t want to focus on that, therefore, I haven’t wanted to talk to Darryl lately. Maybe you don’t need to know any of this, but I guess I’m telling you so you know it hasn’t been a great day for me either.

But there is one cool part to that story. After we hung up, I continued to cry for a few minutes. I was still in bed, still in my pajamas, feeling miserable and hopeless. And then suddenly a thought of you popped into my mind. It took me a second (really, only 1 second), and I ceased to cry, and I began to feel wonderful! I think I probably smiled! I remembered talking to you last night. I remembered your stirring voice. I remembered how freakin’ lucky I am that you are in my life!

I think that those thoughts are literally what motivated me to get out of bed this morning and face the day. And although it hasn’t been the best day that I’ve had this week, it can only mean that it gets better from here! I’ve still got 4 more days left this week, and so do you!

If I had a magic wand and could change anything about today right now, I would use it to make your day brighter and 300% better. But just know that your problems and trials are making you better and stronger by the minute. It may be hard to imagine that (only because you are already so incredible!), but I can see it and I can envision it. Just keep breathing and keep stepping.

We are human, we all falter, But everything is still prefect. Heavenly Father doesn’t make mistakes. This world is our classroom, and we are the students. The people and situations we bring into our experiences are like our teachers. Today’s lesson has been difficult and was not fun! But the general idea is that once we learn the lessons inherent in the situation, we don’t have to repeat them anymore! When you can find it in yourself to give thanks for the lessons, do it.

OK, I’m going to go now before you start calling me Esther Hicks. I might otherwise take it as a compliment, but coming from you, I know it wouldn’t be. (smiley face)

And I hope this makes you feel better: Just remember that no matter how ugly it gets, I’m only a phone call away. I am ALWAYS here for you. YOU MEAN THE WORLD TO ME!!! AND YOU ALWAYS WILL!
Happy Valentine’s Day, Baby

Jodi”

Tie JSS 1Nurmi explains that the Helio phone would have been turned over right away if Jodi Arias had it. “She thought it was stolen and it’s in her journal.”

Kirk goes over the jury instruction and he’s hammering away at the individual decision of each juror on choosing life or death.”This is a moral assessment”
Kirk puts up a photo of Jodi with a black dog.

Tie Jodi dog“Will you kill Jodi?”

Nurmi puts up a photo of Travis Alexander and Jodi Arias in the woods and says “This is tragic that two people may die….”

Juan objects and we have a sidebar

The state wants you to throw away all the expert testimony and you do have that right.

Nurmi puts up an excerpt from Travis’s blog about his grandfather and reads it to jury

Here is the excerpt:

During this time I could think of two fond memories of my childhood. The first was Sesame Street. My Sisters and I watched it everyday and it took our minds to Sesame Street where kids were happy and learning. It took our minds away from Allwood Drive, where we got the Hell beat out of us.

Tie Jodi 7

The other was visiting the home of my Great-Grandfather Vic. My Mother didn’t have very much family and even less that she got along with, but she adored my Grandfather. He only lived about an hour away from our family in southern California, but it was rare that she was in any condition that she’d let Vic see her in. About twice a year my Mother would fix herself and us up enough for a visit with my Grandfather. For the most part our visits would be stereotypical. He’d take us out for pizza, to walk his dogs, play checkers and with other toys he kept for us, and taught me how to write the alphabet.

However there was one thing that was out of the ordinary about our visits. Every time before my Mother, siblings and I would leave I would go to hug my Grandfather goodbye. Without exception before I received my coveted hug the cheery casual countenance of my Grandfather would change to something very serious. He would then grab me by my shoulders and shake me, then would follow those words, those words that alter every aspect of my life, “Travis, you need to know that you are special, that there is not anything that you can’t do. There is something great inside you. You’re special Travis, don’t you ever forget it.” That was quickly followed by a rigid hug that would squeeze the breath out of me.

Now there is an easy explanation for why my life has been in my opinion, amazing. It is the same reason I have had success financially and otherwise. It is the same reason I feel that every facet of my life has been blessed and continues to be more and more everyday. The reason is that the words my Grandfather said were spoken with such conviction that I believed him. You see what I wasn’t aware of then, that I have since figured out was my Grandfather was savvy to the way Mother was raising her children.

Tie Juan 3

She would often make remarks while coming down from drugs about how miserable we all were, that we ruined her life, that we were worthless. Although those words hurt very deeply as you could imagine; every time she would scream those words I would hear his words instead, every time I would feel her fist sink into my back, I could feel my Grandfather’s hands on my shoulders, and I knew she couldn’t reach what was great inside of me. And again I’d hear the words “You’re special Travis, don’t ever forget it.”

Then in my mind I would think, “This woman has no idea what she is talking about, she doesn’t know that I am special.” No matter how loud she’d yell those colorful words, she could never top the conviction of my Great-Grandfather Vic. Since then I have come to realize two things. First my Great-Grandfather was right, I am special.

I took his advice; I never forgot it and I never will. Second I have learned I am no better than anyone else. So as you read this book I hope that you will let these pages grab you by the shoulders and shake you and tell you that you are special. That there is something great inside you. I pray that you will allow the words you read stare deep into your eyes and instill into you that there isn’t anything that you can not do. My desire is that this book will do for you what Grandpa Vic did for me. Help me believe what is already true.

That you are special.

http://www.travisalexander.net

Tie Jenn 1Now for Jodi’s journals November 5, 2007

Jodi Arias – “Two nights ago I called to say goodnight and he made it clear to me he didn’t mean all those harsh words and he felt really badly.”

The Journal says she promised Travis she wouldn’t write things down in her journal that were negative.

Nurmi points to Jodi Arias and tells the jury that her life is in their hands. She feels remorse for the pain she has caused.

Nurmi tells the jury “You heard how Travis Alexander would fill a room up with love……..you have an opportunity to render a life verdict. This is a verdict of love & compassion.”

Tie Travis 1Lots of friends and family are now crying for Travis Alexander.

That was it as the case went to the jury to make their momentous decision. Here are some items of evidence and Jodi and Travis’ last words that we know about before Travis’ tragic demise.

 

Letter sent to Lisa Andrews by unknown in August 2007:

“You are a shameful whore. Your Heavenly Father must be deeply ashamed of the whoredoms you’ve committed with that insidious man. If you let him stay in your bed one more time or even sleep under the same roof as him, you will be giving the appearance of evil. You are driving away the Holy Ghost, and you are wasting your time.

You are also compromising your salvation and breaking your baptismal covenants. Of all the commandments to break, committing acts of whoredom is one of the most displeasing in the eyes of the Lord. You cannot be ashamed enough of yourself. You are filthy, and you need to repent and become clean in the eyes of God.

Think about your future husband, and how you disrespect not only yourself, but him, as well as the Lord and Savior Jesus Christ. Is that what you want for yourself? Your future, your salvation, and your posterity is resting on your choices and actions.

Tie Jodi MDLR 1You are a daughter of God, and you have been a shameful example. Be thou clean, sin no more. Heavenly Father loves you and wants you to make the right choices. I know you are strong enough to choose the right. Your Father in Heaven is pulling for you. Don’t ignore the prompting you receive, because they are vital to your spiritual well-being.”

April 2008 – After Arias moved from Mesa, Arizona back to Yreka, California. Jodi sent a text to Travis which she claimed was meant for Steve Carol. Travis wants Jodi to admit that this person doesn’t exist.

May 2, 2008 – The “photo-shoot”” text is sent.

May 8, 2008 – The phone sex tape.

May 26, 2008 – Text from Travis to Jodi:

“Do not call me. And do not text me anything. The next text I want is this Michelle K. that is friends with Elena, that nobody knows, but knows details about my life. Not one other thing ever. Until you have that information. It would only take 15 minutes to get that info, but you won’t because it’s a f*cking lie.

So either text that you are ready to tell the truth or give me your imaginary friend with the worst BS story you have ever told or leave me alone. It’s a lie like no other.

It’s freaking foolish. There is no way out of it. You have screwed up your story so bad, you can’t mend it. You are caught, when will you realize that?

I do not know. You have until tomorrow, to give me this person’s information before I tell all the Hughes, Leslie Udy, the Freemans, your parents, and anyone else that matters about all the crazy you have done. So either fess up or feel the wrath. No matter how bad the truth is, I promise you the punishment will be better than the lie.

This is worse than your magical e-mail that a mysterious man you’ve never seen before wrote to you. You insult me by thinking I’ll believe such crap, nothing else from you til the truth. I already know your lying so why continue? After tomorrow, it’s gonna get real bad for you. Time to spit it out.”

From Arias’ testimony:

“I said the only thing that I’m going to be spitting out is the fact that you’re a pedophile with a past. – something like that. And I was saying… I don’t know. At the time I categorized what I saw as child pornography. I realize it wasn’t child pornography. It was just a picture of a young boy.”

May 26 texts. Major fight:

“You couldn’t get off your lazy butt to read it could you? That’s the sociopath I know so well, it freakin figures.”

“I don’t want your apology I want you to understand what I think of you. I want you to understand how evil I think you are. You are the worst thing that ever happened to me.”

“You are a sociopath. You only cry for yourself. You have never cared about me and you have betrayed me worse than any example I could conjure. You are sick and you have scammed me.”

What a freaking whore.
Are you going on to the next dick?
Your words are worthless.
I hate you.
You’ve caused me more pain than the death of my father.

You’re a rotten lunatic.
I have never dealt with a more solid form of evil.
You’re nothing but a liar.
You live a life identical to Satan.

You’re a three-holed wonder.
You ought to get tips for giving BJ’s.
You never loved me.
You’ve got a slut’s job.

You are sh*t.

Who freaking cares about you? You’re worthless. You’re a bitch.
You’re lies make your life worthless.
You’re taking up people’s air.
You don’t care. You don’t know what horror you’ve caused me.

You’re a laughing stock.
You don’t care about anything but Jodi.
You’ve caused so much pain in my life.
I’m nothing more to you than a dildo with a heartbeat..
You’re demented.

For more, please see:
https://jodi-arias.wikispaces.com/Abuse

There’s a question here that many people believe they have the answer to, but some people are still wrestling with. Was this just Travis finally having enough of Jodi Arias and wanting her out of his life forever? Or did he sometimes treat her this way the whole time, and worse, behind closed doors?

Tie Jenn 1This is the central core of this whole case, because Jodi Arias has been very consistent about her claims of abuse. Most people have discounted any possibility that Arias was physically abused. They see this as Travis finally venting his anger at all the tricks and lies Jodi Arias subjected him to.

Most people see these texts as the logical conclusion of Arias’ manipulations and frustrated attempts to get back with and to control Travis Alexander. They see it as a motive for pre-meditated murder. Two days later, there was the burglary of Jodi’s grandfather’s home, and the theft of the .25 caliber gun. Jodi was on the phone asking Darryl Brewer about borrowing gas cans and she was putting together a trip to Utah.

Tie Power wheel 1But a few people look at this, they look at the late night phone sex calls, the texting and sexting with multiple women, the e-mails from the Hughes’, the sudden and sometimes explosive temper of Travis Alexander, and some of his inappropriate and bizarre behavior, and they ask “What if…..?”

 

 

Tie man on the moon 3

“Let’s play Twister, let’s play Risk, yeah, yeah, yeah, yeah

I’ll see you in heaven if you make the list, yeah, yeah, yeah, yeah” – R.E.M.

 

Tie Jodi 2

 No Worries?

Comments from all viewpoints are welcome. 

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Horn, Corn, and a Truckload of Porn

Horn, Corn, and a Truck Load of Porn: Update on the Arias Penalty Retrial (Dec. 20)

Fact-based reporting

by Rob Roman

713149_LA

Bringing you up to date on the epic battle … the interminable saga … the perpetually stalling Arias penalty retrial. If you’re anything like me, you have been sidetracked, distracted, busy, bored or befuddled by what’s going on in the Jodi Arias penalty phase re-trial, but you want to know what’s gone down and what’s likely to happen next. There’s been plenty of talk about this being a nightmare, a perpetual trial, and an interminable saga. So far, the trial is actually right on schedule and, as we predicted, it would last 3 months AND we said it would go into 2015.

The penalty phase retrial has gone 25 days so far, that’s 9 days for the prosecution and 16 days for the defense … so far. The retrial began on October 21st, and there’s no end in sight, as there are multiple issues to deal with and the defense has 14 potential witnesses.

7f43c28c4fa3f310310f6a706700afa2

Prosecutor Juan Martinez, ever the sit-in-the–front-row teacher’s favorite student, presented his case for why Jodi Arias should be executed with cold efficiency in just 9 days, schnip – schnap. First up was Mesa Detective Michael Melendez, the guy with the New Yawk accent who discovered the deleted photos in Travis Alexander’s camera (a Sony Cyber-shot DSC-H9).

All the recovered photos were shown, and Detective Melendez explained how Jodi Arias needed to use 5 steps to delete each photo. The implication there being that Arias was not in an altered state of mind and was not in a fog with her memory seriously impaired. She calmly and coolly took hundreds of steps to delete all the photos. What was not explained is that just 5 steps can delete ALL the photos taken that day, according to the instruction manual, something an experienced photographer like Arias could do in her sleep.

Sony_H9_3qsony-cyber-shot-dsc-h9_2

“Deleting images

(Index) button
(Playback) button
MENU button
1 Press (Playback) button.
2 Press MENU while display in single-image mode or in index mode.
3 Select [Delete] with v on the control button.
4 Select the desired deletion method with b/B from among [This Image],
[Multiple Images] and [All In This Folder], then press z.
See page 45-46
michael
Melendez, not to be confused with Mendes, you racist you, showed the jury the naked and racy photos of Arias and Alexander, the shower photos, the foot photo with a bloody Alexander, and the mystery final photo.

Next up was Detective Esteban “Steve” Flores, who inexplicably is no longer doing active investigations, but has now become a “Media Relations Officer for the Mesa Police Department”. Detective Flores was the main conduit of all the testimony related to the day Travis’ body was found, the crime scene descriptions, and the investigation of the crime up to and including the interrogation of Jodi Arias. The bloody and gruesome crime scene photos were shown to the jury.

Dr. Horn a.k.a. "super-crepy Rob Lowe"

Dr. Kevin Horn a.k.a. "Super Creepy Rob Lowe"
Dr. Kevin Horn a.k.a. “Super Creepy Rob Lowe”

Dr. Kevin Horn was the next witness up. Horn went over the autopsy findings, describing all the wounds, with many autopsy photos being shown. Dr. Horn again stated his opinion that the gunshot was last and probably post-mortem, in direct contradiction to Arias’ explanation of events. At one point on re-direct, prosecutor Juan Martinez suddenly approached Horn and feigned stabbing him with his pen, stating “that didn’t take long, did it?”. Apparently he wanted to demonstrate that all the stabbings could have happened in seconds. We agree.

After that was Nathan Mendes – the Former Detective, from the Siskiyou County California Sheriff’s Office, who set up surveillance on Arias in Yreka and arrested her, and he was present when the famous mug shot was taken. Detective Mendes testified that Arias asked him how her hair looked before being photographed.

2327119210_48_0118_MUGSHOT_640x360_2327119190 (1)

You will recall that Arias asked if she could take her make-up with her when she was arrested in Yreka at her Grandparent’s home where she was living. She could not. Also she had a rental car packed for travel with 2 knives in her luggage and a 9 mm gun taped to the bottom of the seat that was not found until much later. Mendes also testified that he found receipts in the home from the California to Arizona to Utah trip. None of the receipts were from Arizona and none were from June 4th.

On cross exam, the Defense attacked both Doctor Horn and ex-Detective Flores about the change in the order of injuries as Flores was claiming the gunshot was first early on to numerous media outlets and in pre-trial hearings. Flores also stated that it was Dr. Horn who provided that information to him, but Dr. Horn denied any knowledge of having told that to Detective Flores. Nurmi also suggested it was possible that this murder was not especially cruel, the factor that opened the door to the death penalty in the first place.

22frie11

The State then called Kevin Friedman, a former Yreka police officer who investigated the theft of the gun and other items taken from Arias’ grandparent’s home on May 28th, just 7 days before the killing. Walmart loss prevention specialist Amanda Webb then made her way back on the stand to testify that Arias had purchased a 5 galllon blue kerosene gas can, but there were no records found that one had been returned, as Arias claimed.

A notable feature of the cross examinations by defense lead Kirk Nurmi, besides all the weight he’s lost and his now full head of hair, is that he has been said to be imitiating Juan Martinez. Nurmi was reported to have slammed down a binder of Walmart records during the cross of Webb, and to have asked Detective Flores if he had any memory problems. We have previously reported that this is not imitation, that sincerest form of flattery, but this is tactics. This is Nurmi using different tactics because the penalty trial is a different situation, calling for a different approach.

arias_1028_a

There were 5 days of Flores on the stand altogether, going over the now famous interrogation tapes and the sex tape was played in its entirety. Topping off the prosecution case were the allocutions of Travis’ younger brother Steven Alexander, and his younger sister, Tanisha Sorenson. These were heartfelt pleas to the jury and first-person memorials about the life of Travis Alexander.

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“Steven Alexander described nightmares, ulcers and constant trauma from losing his brother, including locking the doors when he showers. Tanisha Sorenson called it a “living hell.”

“When I lay down at night, all I can think about is my brother’s murder,” Steven Alexander said as other family members could be heard crying in the gallery.”

http://ktar.com/22/1778950/Travis-Alexanders-siblings-give-emotional-statements-at-Jodi-Arias-penalty-retrial

The trial ended on the 18th of December and this was the date scheduled to have been the very end of the trial. The trial is now on hold for the Holidays until January 5th. The trial began to get messy even before the defense took the helm, and it has only gotten messier.

Mess number one – The jury

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After the prosecution’s concise presentation, things got messy quick.  Messy, messy, messy. First of all, one juror was dismissed on the opening day of the trial for a family emergency. A second juror was dismissed on the 2nd day of trial after she sought out legal reporter Beth Karas and asked her if she was Nancy Grace. Actually, the Judge should have left her in if she couldn’t tell the difference between Beth and Nancy.

“The first was let go Tuesday because of family problems. The second was dismissed Wednesday after she asked a freelance TV journalist if she was CNN superstar Nancy Grace, who has been a vocal crusader against Arias.”

http://www.azcentral.com/story/news/local/mesa/2014/10/01/prospective-jurors-vent-arias/16570903/

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A third juror was dismissed the day after Thanksgiving, as she was stopped for DUI, then it was discovered that there was a warrant on her for passing bad checks. This leaves only 3 alternate jurors to go before the threat of a mistrial if they end up with under the statutory number of 12. Yes, the lady with the multi-colored hair and a few other jurors from the guilt phase volunteered to comeback and serve (just kidding) – although she and others have been spotted in the courtroom.

Mess number two – The family Flores and the Mitigation Specialist

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Media Representative Flores’ wife and daughter have been significantly involved in the Justice 4 Travis campaign. Daughter Angela is on Youtube singing a memorial song for Travis (She has a very nice voice, too) and Mrs. Corinna Flores is said to have been on Twitter under the handle “I’m boss that way” tweeting about the case and reportedly leaking confidential information from closed meetings in the Judges’ chambers. This had been disputed. None of these things would be seen as unseemly if the trial were concluded, but as we know, the trial has not nearly concluded.

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“I’m Boss that way”

Mitigation Specialist Maria De La Rosa, whom I like and have communicated with, is reported to also have gotten too personally involved in the case. She has been tweeting about the case under the Twitter handle of “Cougarluscious”, and has been getting involved with Arias supporters. This is a little harder to discern on the basis of wrongdoing, because part of her job as mitigation specialist IS to ferret out any and all evidence in support of sparing Ms. Arias’ life and this would seemingly include communicating with supporters.

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“CougarLuscious”

Ms. De La Rosa was also stopped at the Estrella jail, and an envelope full of legal documents Arias gave her was searched, revealing an Arias art drawing, now identified as “The Pinwheel”. Stupidly, the County Sheriff’s office, or MSCO, tried to ban Maria from the jail, which would have certainly caused an appeal issue – not allowing the mitigation specialist access to the defendant / convict. They soon thought better of that, though. This lead to our speculation that the County wants to fire Ms. De La Rosa, but must wait until the end of the trial in order to not cause an appeal issue – leaving the Defendant / convict without a mitigation specialist would be in violation of Arizona statutes for a capital trial.

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The famous Pinwheel. Maria De La Rosa got searched, Jodi Arias got a write-up

Mess number three – Sheriff Joe and the false Arias motion

You may remember that between the guilt phase and the penalty retrial, a motion was made by Jodi Arias asking for a restraining order to be placed on Sheriff Joe Arpaio and crime entertainer Nancy Grace. The idea was that Sheriff Joe was supplying Grace with information about Arias’ leaking breast implant and her hepatitis C condition.

This information and the motion were found to be hoaxes filed by a convict from New Jersey. The trouble was that Sheriff Joe had a press conference where he slammed Arias for her motion, even though it was easy to see that the signature was obviously not hers and the motion was made with materials that Arias obviously had no access to. The defense brought up the fact that anything said about Arias, no matter how pernicious, will be believed because the public is so poisoned against her by the media and this does not allow for a fair trial.

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Mess number four – the unsequestered jury

Famous trial lawyer, appellate attorney and Harvard law professor Alan Dershowitz has already sounded the alarm about how it is just about impossible for a very high profile defendant to get a fair trial with an unsequestered jury. This is because the atmosphere is just permeated with strong feelings one way or the other.  Juan Martinez’ boss, District Attorney Thomas Horne, is already on record worrying that the unsequestered jury will be an appeal issue. Nevertheless, Arizona Judge Sherry Stephens did not sequester the jury because ‘we have always not sequestered the jury in the past in Arizona’. Well, Arizona bars were always equipped with spittoons, too. Why aren’t they now? Did times change?

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Mess number five – The secret witness

The defense, after taking the reigns, stated that they had 3 witnesses who would refuse to testify unless the courtroom was closed to the media and the public. Judge Stephens heard the motion and affirmed it. The court was cleared and the secret witness testified. Rumors abounded that the secret witness was Jodi Arias herself. The media balked and appealed the decision to the Arizona Court of Appeals. It’s insane that the Judge would affirm a motion to have a witness who had never been shy of the media, both before, during, and after the trial to suddenly now be requesting to have the public and media cleared for her testimony. Why on earth would Judge Stephens allow such a motion?

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Even so, no one on the prosecution supporter side would give the Judge credit for possibly having some compelling reason for her ruling. Was it because Jodi Arias mentioned the other secret witnesses in her testimony? Wasn’t there some kind of accommodation the court could make without altogether clearing the courtroom? Prosecution supporters also do not want to blame the reason for this special  request on the people who harassed, intimidated, and attacked Arias’ witnesses during the guilt phase. These are the people threatening our system.

The Arizona Court of Appeals agreed with the media that the public has a 1st Amendment right to know what is going on, especially in a capital trial. The Court stayed the Judge’s ruling, and the defense will appeal that ruling, probably on January 5th. Will the other three witnesses, reportedly a long term boyfriend of Arias – Darryl Brewer, A co-worker of Arias’ – unknown, and a former friend of Travis Alexander’s – possibly New Zealander Marc McGee, formerly of Riverside, California, still expect to testify in secret?

Will they refuse to testify? Also under contention is the media’s request to have the transcripts of Arias’ testimony released. Will that be granted, even though the transcripts of all the other witnesses have not been released? Also, was the secret witness actually Jodi Arias? Most people close to the case are saying so. Maybe this matter was confused, because the Judge will refer to the defense as “Arias” in motions. But, people seem to be sure it was Jodi Arias herself who testified in secret.

Mess number six – The Porn

The defense vowed to fight the stay, but continued the trial by calling up Bryan Neumeister, the private computer, audio and video expert who often testifies for the prosecution. You may remember Neumeister as the guy in the guilt phase who testified that he enlarged the reflection in Travis’ left iris from the “Calvin Klein” shower photo and found it was Jodi Arias, with no weapon. Martinez seems to have a distaste for “science-types”.

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Neumeister resisted Juan Martinez’ combativeness, and he stated several times that he couldn’t understand the prosecutors’ questions because Juan had a very limited knowledge about computers. He also accused the prosecutor of lying. But the big thing is that Neumeister made a startling discovery. He said that when he checked the “clone” copy of Travis’ hard drive, he found thousands upon thousands of deleted porn files, supposedly including searches based on the word ”teens” and “tweens”. “Tween” is a word for children on the cusp of being teenagers. They aren’t quite teens, but they are no longer children in the strictest sense. They’re in be-tween. This is exactly the definition of a 12 year-old.

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Neumeister also intimated that child porn was among the deleted files. This was a bombshell in the case, because Detective Melendez testified in the guilt phase that not one shred of porn was found on Travis Alexander’s computer. Juan Martinez, as he has done in other cases, immediately began blaming Neumseister for somehow contaminating the hard drive copy with porn. Alternatively, he blamed 2 former Arias defense attorneys for turning on the original computer and thereby allowing built-in antivirus programs to eliminate all the porn on the computer.

This could not be possible, because the defense attorneys were always under the watchful eye of the police when they inspected the original computer. Detective Flores was in charge of the computer. It was also reported that an anti-virus program found on Alexander’s hard drive was a program that did not exist in 2008. The implication was that the Mesa Police had tried to remove all traces of porn found on Travis’ computer. Many prosecution supporters responded by saying ‘So what, that’s normal all guys have porn on their computer’.

That’s not the point. The point is that IF someone from the police removed the porn from Alexander’s computer, what else did they remove? What other evidence, possibly exculpatory, could they have hidden? Since former Detective Flores was close to the evidence, it was suggested that Flores was the one who removed the porn. In any case, this is another issue for appeal, and it’s a serious one.

Is this a Beta cassette of Porn?
Is this a Beta cassette of Porn?

Martinez, by blaming the former defense counsel and Neumeister, was conceding that there was in fact porn on the computer, and that it was somehow ‘disappeared’.

That there was porn on Travis’ computer should surprise no one, given his references to porn and his sexual vocabulary in the sex tape, etc. which could only have come from a person exposed to porn. This issue, like many others in this case, is still awaiting further clarification and resolution, because most of the conversation about this matter was held in chambers and is not yet available to the public.

Mess number seven – Court reporters and Legal Experts

Yihun Jeong fron The Arizona Republic
Yihyun Jeong fron The Arizona Republic

As a substitute fro HLN broadcasting the trial live and endlessly giving slanted, biased, jesting and mean-spirited views, we now have reports, blogs, “spree-casts”, and Tweets from reporters and Legal commentators inside the courtroom.  Some of them, like Beth Karas, Michael Kiefer / Yihyun Jeong, and Monica Lindstrom, are reporters and/or legal experts with ethics, integrity, and a sense of objectivity. They realize this is a capital case, a serious affair where a defendant / convict may have her life taken by the State. Others, like Jeff Gold, Jen from the Trial Diaries, and Wild about Trial (a division of HLN), are playing to popularity and the lowest common denominator with little thought about ethics or fairness.

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We do note that Jeff Gold stated that this case should not have been a Death Penalty case. He must have taken some heat among his listeners for that.

“The first jury hung (no not that kind of hanging although I know many of you wish so.) Many states end it there. But AZ allows a second bite of the apple.
Moreover, the DP is usually reserved for murdering kids, cops, multiple persons, a particularly heinous murder (chop body up and eat it) or murderers with long records. This is just not a clear case for DP. “

Jeffrey Evan Gold – Court Chatter TV Legal Analyst

http://www.courtchatter.com/2014/09/jeff-gold-weighs-in-on-jodi-arias-on.html

Since then, we’ve heard only a few astute legal observations and almost nothing in any way positive said about the Defense or Arias. Often, his Tweets are rude comments, super-biased comments, comments with sexual innuendos, dumb jokes or self-promoting comments.

Gold often tweeted about “Hodi-Jodi”, with zero evidence that Arias was in any way a “Ho”. He knows his audience is 95% pro-prosecution and constantly plays to that audience with tweets about ‘how dare the defense put up a defense when their client is a sadistic, manipulative, maniacal murderer’? He also enjoys making a big joke out of the whole trial. Wild about Trial seems to be full of high school or college interns, a giggly gaggle constantly spewing corny jokes, many of them laced with 5th grade bathroom humor.

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Wild about Trial talking heads
Wild about Trial talking heads

Jen, from The Trial Diaries who reportedly had or is having an affair with the prosecutor, Juan Martinez, has acted basically as a cheerleader and sounding board for prosecution supporters. Jen couldn’t be counted on to give even a sliver of objective news about the defense or Arias. Nancy Grace and former HLN talking head Vinnie Politan also tried to get in on the act inviting brownie points from trial fanatics for throwing stones at Arias and her defense.

With this bunch of block-heads, it’s really hard to get an objective picture of what exactly is going on in that courtroom. Thankfully, a few of them do have integrity.

Mess number eight – The Death Penalty on the table.

Even some prosecution supporters are wondering if it would not be better if the State goes over Judge Stephens and Juan Martinez’ head and takes the Death Penalty off the table. This would effectively end the Arias trial, and the Judge would only decide on Life in prison with no chance of parole, or twenty five years to life in prison with an almost non-existent infinitesimal chance of parole.

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Along with a number of other motions to remove the death penalty awaiting a decision by the Judge, Nurmi and Willmott earlier filed their most epic motion yet, a 59 page motion to dismiss the death penalty. In it, they review all their charges of misconduct against the prosecution from the entire history of the case, in addition to new allegations from the post guilt trial and the penalty re-trial.

The motion to dismss the charges and the case also includes an alternate plea in the alternative, to remove the death penalty from the table. Here, court reporter and legal expert Monica Lindstrom explains why the death penalty realistically could be taken off the table possibly due to being under pressure from higher-ups and the people of Arizona:

http://ktar.com/305/1787926/Legally-Speaking-Dismissing-death-for-Jodi-Arias-could-be-a-reality

Non-secret Defense Witnesses

In place of Alyce LaViolette and Dr. Richard Samuels, Forensic Psychologist Dr. L.C. Miccio-Fonseca, and Psychologist Dr. Robert Geffner were called to the stand by the defense to interpret the relationship between Travis Alexander and Jodi Arias and Jodi Arias’ state of mind prior to, during, and after the killing. The defense stated earlier that there was good reason to believe that Alexander was shot by Arias in the shower, as it agrees with the evidence, whereas the prosecution’s assertion that he was stabbed first and then shot does not. Nurmi possibly said this because he was not allowed to bring up Arias’ claim of self-defense, since the jury rejected that theory in the guilt phase.

Dr. Fonseca examined the sexual relationship between Alexander and Arias and the dynamics of that relationship, coming up with the same basic conclusions as Alyce LaViolette. She even stated she believes Alexander did watch child porn. On cross examination, Juan Martinez tried to discredit Dr, Fonseca and her testimony.

Dr. Geffner, who was pilloried by trial watchers in the guilt phase, for having a coughing fit, burping loudly, and spilling a large container of water, was next on the stand. His job was to interpret psychological tests and diagnoses of Arias, and to explain other aspects such as Arias’ temperament, propensities toward violence or lack thereof, and her state of mind. Juan Martinez had begun his cross of Doctor Geffner, when the trial ended for the year.

More details of what was in the text and e-mail exchanges between Arias and Alexander were revealed. One interesting detail is that Jodi Arias claimed to own a stun gun in early 2008, and she apparently offered it to Alexander as protection from the person who was slashing his tires.

Reportedly, there were no spills, no mess.

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Nothing much can or will be done about the Corn going on regularly in this trial. The so-called legal reporters will continue their pandering and catering to the prosecution supporters, and acting like the entire trial is one big joke and an opportunity to try their hands at low-brow comedy and over-dramatic tweeting.

Maybe something can be done about Horn, in that he continues to be adamant that once Alexander was shot in the face, he would not be able to move or defend himself. This seems to be more and more unlikely and more and more contradictory to the evidence.

But something really needs to be done about the Porn, because police and/or prosecutors removing, hiding, or disappearing any evidence should never be tolerated by a court of law. Some remedy for this seeming violation should be offered. Appeal issues are piling up, leading me to make a remark on social media that this case has become a literal Chia Pet of ever-sprouting possible appeal issues. This holds true no matter what you believe about the verdict in the guilt phase of the trial.

More than this, the new claims of removing evidence seem to give even more credence to earlier claims about the 1st degree felony murder charge and the possible switcheroo of the order of injuries by former Detective Flores and Dr. Kevin Horn.

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This may have also included prosecutor Juan Martinez, who is well known for his win-at-all-cost attitude, which then would become collusion or conspiracy. This would be very difficult to prove, but especially if Arias is sentenced to death, all these little allegations could possibly add up to one big and powerful allegation which could change the course of this seemingly never-ending case.

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