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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An Open Letter to Wendy Murphy

An Open letter to Wendy Murphy

horses ass

Yes, you guessed it. I’m a wee bit disappointed with her.

On May 28, 2013, an attorney named Wendy Murphy, who was appearing on CNN’s notorius HeadLine News Network HLN, Wrote an article called:

“PORN DEFENSE AND SEXIST MANIPULATION STRATEGY

WORKED FOR NOW, BUT JODI “HANNIBAL LECTER” ARIAS MIGHT NOT GET A SIMILARLY NAÏVE JURY THE NEXT TIME.”

http://wendymurphylaw.com/jodi-hannibal-lecter-arias/

wendy murphy 2This article kind of jumped out at me, and I just had to read and analyze it. Obviously, Wendy Murphy was just another in a long line of useless idiots riding the wave of the Jodi Arias trial. She is always trying to sell one book or another, like most people who came on HLN and walked all over Jodi Arias and the facts to hawk their latest book. She is some kind of a law professor at some or another college somewhere.

Wendy Murphy is supposed to be a Victim’s Rights Advocate. She is supposed to be a Civil Trial lawyer. You know, the ones who go after the deep pockets money and have a much lower burden of proof than in a criminal trial. According to her Website, she has recommendations from such celebrities as Geraldo Rivera (Who was the only one I know of to publicly condemn Nancy Grace for her twisted reporting on Arias and the trial),  Judge Andrew Napolitano, the jovial bloviator with the hair that seemingly grows out of his forehead, also put in a word for Wendy Murphy.

Geraldo-Rivera-Fox-news-OBama-e1339163421529

judge andrew napolitanoThese two people just happen to both appear on FOX News Network, where Wendy also appears from time to time. The next recommendation comes from Dominick Dunne, who congratulates her for her work on the 1996 Jon Benet Ramsey case. Wendy!  You must be older than I thought! A fourth “celebrity” who recommends Wendy Murphy is Rita Cosby, yet another FOX Friend, and possibly a drinking buddy of Ms. Murphy when she’s in town.

jonbenetdominick dunnerita cosby

Wendy Murphy is looking for Victims to represent in civil court.  Apparently this line of work is not enough to sustain her, so she writes books and appears on FOX NEWS or she tries to con her way onto CNN or MSNBC as they all do.

wendy murphy 4Apparently, she was too busy to reply to my letter which I E-mailed to her in early June. When I took exception to her “Porn Defense” article. I saw this as just a blatant attempt to garner Civil Trial clients and book deals by being the next opportunist to throw rocks at Jodi Arias.  Rita Cosby probably told her to never respond unless it’s a business opportunity.

Now, rape on Ivy League campuses is her next big thing. Maybe Wendy discovered where the real lucrative civil suits can be found. Wendy Murphy is happy to share her new-found expertise on campus rape, if you buy her new E-Book for $8.00. Of course, she’s plugging another in a long, long line of books entitled “……. the book they don’t want you to read” or “things……they don’t want you to know”. Oh, it’s the old reverse psychology, forbidden information, ploy.

wendy murphy 3Wendy is another in a long line of middle aged “personality wannabees”. She got herself a facelift, wrote a couple of books, and speaks out on a couple of different news outlets. Her latest article is “An Open Letter to Juan Martinez, where she decides she must warn Juan of Jodi’s dirty tricks and give advice to Juan Martinez about the finer points of law.

I believe what she did to Jodi Arias is reprehensible, and no different than what Geraldo condemned Nancy Grace for doing.

wendy murphy 6http://wendymurphylaw.com/

The following is my updated response to her article:

Dear Ms. Murphy,
In reference to the State of Arizona vs. Jodi Ann Arias, I understand your sentiments. I watched you on CNN’s HeadLine News (HLN) and I respect your position and your ideas. I read your article entitled “PORN DEFENSE AND SEXIST MANIPULATION STRATEGY…”
 I really have to tell you that I respectfully disagree with much of what you opined.
I believe that it more likely than not that Jodi Arias doesn’t remember the stabbings and that she was under extreme duress. I believe there is a real question as to the order of injuries, and that makes a huge difference in this case. It is abundantly clear to me that the gunshot was first, and that changes the death penalty calculus dramatically.
Your idea that she “shot him in the face for fun” is just not believable given all the facts of the case. For instance, the trajectory of the gunshot wound is nearly impossible to achieve if Travis was lying on the floor of the bathroom. Why would Travis Alexander, being under attack from Arias with a knife, be able to go to the bathroom mirror and turn his back on his attacker? It’s much more likely that Travis Alexander went to the mirror unchallenged because he was shot in the face and he needed to find out what had happened to him.
That there seems to be some malfeasance in the Medical Examiner’s report is a devious and real possibility which creates a genuine issue for appeal.
You expressed your shock and distress that Jodi Arias could go on the stand and “lie with a straight face about whether and why she stabbed a man 29 times, tried to slice off his head, and then shot him in the face for fun.”
There’s no legal basis for any of these claims. Alexander was stabbed 16 times according to the official autopsy report. He had 13 incised wounds for a total of 29 knife wounds which includes the throat wound. There is a scientific basis to claim that the “cluster of 9 stab wounds” to Alexander’s back are actually “chopping wounds” which are often defensive blows on the part of the assailant. “Chopping wounds” are defined as having the characteristics of both sharp force trauma and blunt force trauma. The official autopsy report states that among the “cluster of 9 wounds” only, “all wounds display “blunt and sharply incised ends”. These wounds could have been made by the assailant from beneath the victim defensively or face to face with the victim, defensively*. This means it is reasonable to infer that Alexander was stabbed 7 times.
None other than prosecutor Juan Martinez, using court reporter Mike Babicky as “the victim”, demonstrated at trial that the knife blows could have been delivered from a variety of positions. There is no basis for your claim that Jodi “tried to slice off his head”. Alexander’s throat was slit and the process of decomposition served to expand the size and depth of the wounds. In the famously shocking autopsy photo, Alexander’s head is tilted far backwards to fully expose and open the wound.
OLYMPUS DIGITAL CAMERATravis was not stabbed 29 times. This is the media running wild with speculation as do you. This assumes facts not in evidence, Ms. Murphy. I believe that there are real questions about what happened that day and that the defense team demonstrated that there are multiple avenues for reasonable doubt.

I believe they showed that there are legitimate questions regarding the prosecution’s and the media’s narrative about what actually happened.

The prosecution’s case which forms the entire basis of the case for first degree premeditated murder AND the reason why the death penalty is warranted amounts to this mathematical formula:
Circumstantial Evidence + Lies + Speculation + Autopsy Photos + Seasoned Manipulative Persuasion = Guilt.
In fact, there is proof of and justification for neither a first degree murder charge nor the death penalty in this case.
You wrote that “This case was always ONLY about the death penalty, as evidenced by the fact that Arias’ lawyers played their hand during trial as if the only thing they cared about was persuading a single male juror to resist voting for death.” Although the defense strategy always had the aim of avoiding the death penalty, the main thrust of the case was to present facts and evidence which all point towards reasonable doubt.
The defense team was not experienced with crime scene evidence, blood spatter, and forensic analysis. The prosecution offered little crime scene forensic evidence of its own. These factors, when analyzed, tell a much different tale than what was presented at trial.
According to you, Wendy Murphy, the Arias defense attorneys were not interested in preventing a 1st degree murder conviction or the finding of the single prong of the “Especially Heinous, Cruel, or Depraved” aggravator which opens the door to the death penalty in Arizona. Instead, you opine that Arias’ defense attorneys maintained a laser focus solely on the task of preventing a death sentence.
Their “Porn Defense”, in your words, targeted a few male jurors or even a single male juror by attempting to get a male so hot and bothered by a frank discussion of sex, that they could never put Jodi to death. I have no idea if all the 4 “life jurors” were male or were vulnerable to such a “Porn Defense”, and, frankly, neither do you.
Here’s an interesting death penalty case from Arizona:
stephen reeves 2May 17, 2011
“A Maricopa County Superior Court jury on Monday brought back a death sentence verdict against Stephen Reeves, who murdered a young woman working in a west Phoenix insurance office in 2007.
It was the second trial for Reeves, 56, who was caught on surveillance video on June 2, 2007, as he beat 18-year-old Norma Gabriella Contreras with a brick, then choked her with a stick and finally slit her throat with a box cutter. Reeves was later found covered in blood in Contreras’ car.
On Dec. 10, the first jury pronounced Reeves guilty of first-degree murder, armed robbery, kidnapping, burglary, and auto theft. A week later, the jury found aggravating factors that would qualify Reeves for the death penalty.
But despite the surveillance video, the jury could not reach agreement on life or death, forcing a retrial.”
http://www.azcentral.com/news/articles/20110516phoenix-insurance-office-killing-verdict-brk16-ON.html
stephen reevesThis jury actually saw the crime on video. The video was so horrific that jurors were given trauma counseling referrals prior to viewing the video. There were 3 Aggravating Circumstances found to be proven true beyond a reasonable doubt.
Yet, these jurors were unable to present a unanimous verdict for a death sentence. Did these jurors have a “porn defense” to make them “forget” all about the brutal killing?
In furtherance of your theory, you state that the “phone sex tape” was the centerpiece of the “porn defense”. I would say that I am at least your age and probably older. What you call “porn”, I call rather pedestrian and basically common and normal behavior between consenting adults
That is except for the things that are not common and normal about their sex life or the sex tape:
  • Evidence that Travis Alexander preferred anal sex almost exclusively and used religious doctrine to justify this to Jodi Arias.
  • The dismissive and callous way Travis treated Jodi in that tape and the things he didn’t say on the tape that are normally said by a person who cares about his sex partner. It reveals something more like a John being serviced by a prostitute than a girl and a guy engaging in some playful sex talk.
  • The sex evidence is absolutely necessary to explain why this is a dominant / submissive relationship and why it was abusive to Arias. It gives us an insight into what this relationship and the victim were really all about.
  • Travis got what he wanted without having to give anything. Jodi wanted love. The incredible extremes people will endure simply to be loved know no bounds.
You stated that “guys like to protect girls in danger, especially when they dress up like 12 year-old librarians, even if that danger is an appropriate legal judgment of death by lethal injection”.
I don’t remember any “12 year-old librarian” at the Jodi Arias trial. If they were really going for sex appeal, why didn’t the defense dress Jodi up like a model for the trial? They could have made her up like a young Hannah Montana or an older Miley Cyrus. I never felt sexually attracted to Jodi Arias. I was more impressed by the sexual exploitation and the psychological and emotional abuse by Travis Alexander towards Jodi Arias which is objectively evident in all aspects of their relationship:

travis penis

Photos of Travis’ genitals he sent to Jodi Arias

jodi ass new

This is the photo Travis Alexander took of Jodi

travis shower

This is the photo Jodi Arias took of Travis

A cunning narcissist who demands compliments and needs to quell his anger with sex. A religious hypocrite who uses a passive and vulnerable woman for his wish-list of fantastical sex acts while simultaneously despising her, ridiculing her to his friends, blaming her for his own behaviors and withholding even a hint of love.
You wrote about all the supposed “red herrings” in the defense case. Yet I saw more red herrings on the prosecution side. No real blood spatter evidence or other crime scene evidence was introduced to buttress the prosecution’s theory of events. It was only proved that a killing had occurred and that Jodi Arias committed it. It was merely proven that Jodi Arias premeditated a road trip. We knew all this at the very start of the trial.
The ample evidence of abuse on the part of Alexander was glossed over by attacking the defense witnesses. Do you honestly believe that there is no room for reasonable doubt in all of Kurt Nurmi’s final argument? There is plenty of room beginning with the ridiculous motive proffered by the prosecution (murdered over a trip to Cancun!), to all sorts of questions about absence of blood evidence, crime scene evidence, medical and ballistic evidence that should reinforce the prosecution narrative of events, but  in reality contradicts it.
gall.death.rowIt is just as likely an explanation that Arias did in fact want the death penalty and did try to sabotage her mitigation case after the guilty verdict. Faced with a choice of life in an Arizona prison or death, who among us could say for certain that we would choose life?
This is, in fact, further proof of Jodi’s veracity. So you are saying that the whole case was about avoiding the death penalty, and yet the defense at the last minute took away the mitigation witnesses which were clearly her best shot at avoiding a death sentence? That is absurd on its face.
jodi allocutionYou stated that Arias’ allocution was “full of hokey acts of benevolence”. You wrote that Jodi had never engaged in benevolent acts before she was in jail. How would you know this? She was only 27 at the time. You are not as able to perform acts of benevolence when you are struggling economically, although you may always have planned on giving to others, and hoped to do it someday.
You stated that “Arias admitted in subsequent interviews that she intentionally came up with project ideas in order to manipulate jurors by appealing to their specific interests.”
That a man is hard of hearing in no way supposes that he knows or appreciates sign language. How could you name a list of planned benevolence without stating a common interest of any 12 people? Some people would say that Arias’ boldness in asserting that she was a “survivor” of domestic abuse was proof that her story is true. Who would dare do this in the face of death, when the cost of making that claim may well be death? This is the act of someone who is either psychotic OR someone who is telling the truth.
You stated “she blamed the prosecutor’s refusal to give her a sentence she did not deserve for why she smeared Travis Alexander’s reputation during trial”.
randy-brazeal-1Did you know that in Arizona, a man went to a 4th of July event where he spied the younger sister of a girl he knew camping overnight at the event. He lured this 13 year-old girl and her 13 year-old companion out into the desert with his accomplice. He savagely beat, choked and raped the girl on the hood of his car. He then strangled her to death and stomped on her body with all his weight. Then he threw her naked and lifeless body down a mine shaft and burned her clothes.
brazealIt was his plan, his DNA, his car, his foot impressions on the victim, and the victim’s impressions in the hood of his car.
This man was charged with 2nd degree murder in Arizona and is free today. He made a deal with the prosecutor. Is this the sentence that he “deserved”?
Jodi was willing to plead guilty to 2nd degree murder but was refused. It couldn’t be because Jodi lied, because both these defendants lied about what happened when they were caught.
Let’s look at what you had to say, Wendy Murphy:
“Arias doesn’t deserve a deal because a deal would only reward her bad behavior and manipulation strategies, and indulge all the shady antics of her lawyers who shamelessly hustled the male jurors by exploiting sex and other gender-biased irrelevancies for tactical gain.
 
Indeed, allowing Arias to testify falsely under oath for eighteen days may have amounted to legal malpractice otherwise.  But they knew that having a cute female defendant talk about oral and anal sex for weeks, and describe how she “bent over” for Travis Alexander, followed by the playing of a recording of Arias engaging in phone sex with the guy until orgasm, would surely, um, stimulate the male jurors to think about all sorts of things OTHER than the near decapitation of an innocent murder victim.”
 
That’s quite a barrage of unsubstantiated allegations for an attorney such as you, Ms. Murphy. What makes you think anyone, under any circumstances, could possibly forget those horrible crime scene photos and shocking autopsy photos?
How do you suppose that a self-defense homicide case can go forward without bringing up negative evidence against the victim? It seems to me that this was an abusive and volatile relationship. Travis Alexander was more than happy to use the LDS Church for business contacts, for customers, for social contacts, and for a bevy of young women who would not tell about their sins.
travis 12Yet, though he was an ordained Church Elder who taught bible study and baptized children into the LDSChurch, he did not feel he needed to follow the sacred tenets of a very serious and strict, family oriented religion. In light of his religious upbringing, the way Alexander treated Jodi Arias is particularly sickening. To goad a woman into anal sex on the day of her baptism into the faith on the pretext that vaginal sex was a violation of their chastity vows?
jodi bobbyIt is obvious to me that Travis Alexander’s preference for anal sex had nothing to do with vows and plenty to do with his freely stated excitement about little girls and sex. It is also clear that his abusive childhood and absentee parents could easily have become a catalyst for abuse, both sexual and physical. This is no fault of the victim’s.
Did you see the disgustingly crude picture he took of her anus on June 4th? How can you honestly say that Travis was the innocent victim and that Jodi is a Psycho-demon? Hannibal Lecter, you called her. You liken Jodi Arias to a fictional serial killer who consumes the victims? Is that in any way fair-minded and rational?
r-DANIEL-FREEMAN-large570At the trial we heard objective evidence about Travis’ hot headed outbursts in front of two pious Mormon friends on relaxing vacations, no less.
At trial we were shown objective evidence by text messages of a 3 hour marathon of seething and violent anger from Travis Alexander. Do you honestly have doubts that Travis could have been sexually and physically abusive towards Jodi? Can you blame that all on Arias, or did Travis have to finally deal with the truth and the inevitable exposure of his lies and hypocrisy? Do you really have absolute certainty that Travis didn’t attack Jodi on June 4th?
You wrote that “Arias had “no mitigating factors” but then the defense attorney refused to call her family members to testify as mitigation witnesses, while helping her create a slideshow demonstrating all the “mitigating” things they could think of.”
Actually, Arias was telling the truth. She didn’t have any of the usual statutory mitigating factors, (extreme child abuse, abandonment, mental retardation, insanity, severe drug and alcohol abuse and child sexual abuse) and that as many of the miscellaneous mitigating factors as possible needed to be found and employed.
WendyMurphy-1How do you know that the slideshow wasn’t prepared long before as a review during her allocution after the proposed witnesses testified?
How do you know that Arias didn’t try to sabotage her own mitigation case? How do you know the mitigation specialist didn’t scramble to find a way to put her factors into a slideshow so that she could present them without her witnesses?
You stated that “Arias’ lawyers hedged their bets, knowing that even if Jodi’s entire family and all her childhood friends took the stand and begged for her life, the jury would still vote for death simply because no amount of mitigation evidence would make a dent in the mountain of reasons that justify imposition of the ultimate punishment”.
What is your mountain of reasons for justifying the death penalty? There is no one on death row in America today for a murder with extreme cruelty or any other murder without one of the following factors: (Murder with Prior violent convictions, murder for money. murder by conspiracy, murder with kidnapping, rape, or torture, multiple murders, murder of a uniformed law officer, murder of children).
Please let me know if you find one without at least one of these factors. Scott Peterson? He killed his helpless pregnant while she was 8 months pregnant with his own child. Unlike Arias, we have clear and convincing proof of his bad character and bad intentions prior to the murder.
jodi 2You wrote that “As judgment day on the ultimate issue grew closer, Arias’ lawyers were near frantic in their efforts to derail court proceedings, no doubt worried that the little mitigation evidence they had to offer was nowhere near substantial enough to justify life rather than death.”
  • No prior record is not substantial?
  • 4 relationships lasting years, not months, 3 of which ended against Arias’will and amicably are not substantial?
  • A history of mental illness is not substantial?
  • No history of violence or rage both years before meeting Alexander and years after the killing is not substantial?
  • Proven emotional and psychological abuse (which are the precursors to sexual and physical abuse) are not substantial?
  • A GED graduate who is more articulate and poised than many college graduates is not a reason to show leniency?
  • A prisoner with no prospects for happiness or freedom using her time and talents to reach out to victims of abuse is not a reason to show mercy?
jodi-arias-300A major part of the strategy seemed to be to put Arias on the stand, not for sexual stimulation, but to bond with the jury in either an empathetic way or in a Stockholm Syndrome type of way. Your Victorian views on sex and your outdated views on the priorities and the lack of a capacity for empathy in males cannot change the wisdom of such a strategy.
Since that effect can hardly be achieved in the second penalty phase, why do you think “the defense is at an advantage the second time around”? Why does Arias and the defense have an advantage the longer the distance is between the 1st and 2nd penalty phase? The same review of the facts has to take place. The same aggravating and mitigating factors have to be presented. The same media and social media hounds will rise up again. So, where’s the advantage of time? Arias must spend more time behind bars because she must wait to file most of her appeals until after the inevitable sentencing.
You wrote about how the 9th Circuit Court of Appeals is reversing death penalty convictions based on “ineffective assistance of counsel” because the defense attorneys refused to present mitigation witnesses.
Since you are an attorney, would you care to cite some cases in support of your position? Did you notice that in Arizona, Capital defendants are required to have a mitigation specialist? Defense attorneys have no justification for failure to present mitigation evidence or witnesses in Arizona. That is unless they are threatened and intimidated into not testifying as seen in State v. Jodi Ann Arias.
patty womackThe way you put it, Arias’ defense “ploy” to not present mitigation witnesses would only work if Arias were in fact sentenced to death. You can’t appeal a death sentence in the 9th Circuit if you don’t get sentenced to death. So then, why were Jennifer Willmott’s final arguments so visceral, heartfelt and heroic? Why was Kirk Nurmi’s closing argument so full of valid and substantial reasons to be doubtful of the prosecution’s theory?
3EBB5B3F-F5E1-4C2E-9E6EFC266421528BThe defense can’t refuse to call mitigation witnesses the next time and you have already stated that no amount of mitigation could help Arias. So how is your imaginary strategy supposed to work? Did you forget that Arias presented no mitigation witnesses, yet there was no unanimous decision for a death sentence?
I believe your analysis is full of holes, full of speculation, and full of …. contradictions. It flies in the face of all we know about Arias’ life years before the incident all the way up the month and day of the tragic event on June 4th, 2008.
Also, there are the 5 years since that day, where Arias has been a model, compliant prisoner. It flies in the face of what you must concede we know about Travis Alexander, the lying, the manipulation and the abuse. The idea that she has “no conscience” is easily debatable. I feel that she has shown remorse all through this trial. It is really asking a little much for a mentally ill woman to show contrition to Travis Alexander’s estranged family and Mormon community as they fervently seek revenge and will stop at nothing short of execution. This woman is clearly mentally ill and clearly unable or unwilling to show emotions in the way that we would like.
arias sandyYou say her slideshow was “offensive”. Given her situation, what would you expect her to present? I found it pitiable. I found her allocution a singular exercise in bravery and sincerity.
What is she supposed to say and do? I think the subject of remorse is also a red herring. What could she possibly do to show remorse in the face of this killing while fighting for her life? Your answer is that she should confess to what “really happened” that day in the bathroom. As an attorney, you should know how stressful a trial like this is and how stressful 18 days on the stand can be, even given the best conditions.
Many people have very good reason to believe that this is not as it seems and that Arias did tell the truth to the best of her ability. Even though she has lied in the past, there is reason to believe that the objective and physical evidence can prove that the prosecution’s narrative is false.
s c justicesEven if we take all the verdicts to be absolutely correct, it should still be abundantly clear to thinking and feeling human beings that the facts of this case do not merit the death penalty and Arias herself does not warrant execution.
us supreme courtInstead, I believe that this case will be successfully appealed and a new and fair trial may yield vastly different results. Then perhaps the family of crime victims will learn to their benefit that such things as “closure” and “forgiveness” should not and do not depend on the actions or the fate of the accused or the convicted.
justice swordThank-You for your time.
Sincerely,
Rob Roman
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