The Tables Have Turned (part 6 – Phenomenon)

Fact-based reporting and video blogging

by Rob Roman

Jodi Arias trial days 2 sm

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

The phenomenon that is Jodi Arias

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

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

Sound familiar?

crime scene foot photo lt

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

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

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

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

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

Thoughts on Travis Alexander

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

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

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

and she started like crying uncontrollably.

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

doing this with his gun (makes gestures).

and she’s very near,

so, I’m looking in my peripheral

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

“shut up”, because

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

and I got this gun against my head

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

and I’m like

this woman is gonna get me killed

and I’m like looking at her like with

all the despair I can muster up in my retina

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

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

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

instagram

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

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

Was the gun first or last?

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

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

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

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

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

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

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

bullet-casing-grey-thing1 lg

bullet casing close up lt lg

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

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

winchester .25 auto

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

various hollowpoint bullets

bathroom sink closet shell

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

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

crime scene bullet casing

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

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

Remember that baseboard with the blood on it?

crime scene closet door trim 2

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

Travis may have been shot as he sat in the shower stall. Here he is seated to Arias' left, which would make it difficult for a left handed person to stab someone.
Travis may have been shot as he sat in the shower stall. Here he is seated to Arias’ left, which would make it difficult for a left handed person to stab someone.

Travis was found with his back against the right hand side of the shower. You can see his leg and his bloated belly.
Travis was found with his back against the right hand side of the shower. You can see his leg and his bloated belly.

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

crime scene closet 2 lt

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

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

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

25 raven 3

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

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

  • Kevin Bright of Kansas today. His sister was strangled and murdered by the BTK killer.
    Kevin Bright of Kansas today. His sister was strangled and murdered by the BTK killer.
  • Travis’s left hand was severely cut up with 4 incised wounds, the majority were deep. Travis’ left hand would have been pouring blood. The scene at the sink is not consistent with that. It’s more consistent with a gunshot wound and a bloody right hand where he was holding the wound. Injuries to the scalp and forehead are very bloody due to all the small arteries and veins there.

sink 3 lg

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

travis-floor

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

atrocious not heinous

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

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

From Gray Hughes Video
From Gray Hughes Video

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

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

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

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

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

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

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

2327119210_48_0118_MUGSHOT_640x360_2327119190 (1)

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

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

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

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

Don’t give false hope

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

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

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

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

Phenomenon

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

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

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

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

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

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

Incongruence

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

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

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

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

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

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

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

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

In case you are STILL not convinced?

Get on the bus – the Omnibus.

The Omnibus hearing

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

From Fox10Phoenix.com

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

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

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

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

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

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

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

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

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

thrown_under_the_bus_vision

Darryl Brewer

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

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

More Evidence of Premeditation

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

question mark

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

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

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

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

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

jodi arias ass lt lg censored

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

Still not sold? How about this?

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

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

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

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

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

But then, look at this:

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

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

punching bag lt

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

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

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

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

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

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

Travis Alexander

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Do You Concur???

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If not, why not?

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

      1. Uhhhhh. It worked, or else you would not be able to see it. I had a problem where there was no place to comment. Not sure why that is happening. I guess I was a little hard on myself. 🙂

  1. Rob, I enjoy reading your article, but I disagree with the example part about Bright fighting off the BTK after being shot. I’ve read several articles of his interview and can’t find anywhere that says he did that. “He came in, leaned down on the floor and had a stocking. He started strangling me again. He wasn’t going to shoot me, he was going to strangle me,” says Bright.

    But it was BTK’s own gun that may have saved Bright from being strangled. Bright managed to grab the killer’s 22-caliber pistol.

    “That’s when I jumped up and broke loose and got a hold of him, got a hold of the gun.

    “He should have been laying there dead, because I got a hold of the gun and the trigger and pulled it twice and it didn’t go off. He pulled it away from me and that’s when he shot me the first time. I just went on the floor. So, he thought I was dead, I guess and left me alone for a while.

    “I just laid there and he went into the other room,” says Bright.

    Bright was shot twice in the head and face, but still frantically looked around the room for a weapon to hit the killer with. He found only a coat hanger.

    “So, I thought the best thing to do was maybe get out and look for help. So, I got up and went to the door and opened it and went outside,” says Bright.

    1. Yes, Kimberly Dennis, this is the same account I read. When you get a bullet blown through your skull, you are going down. The question is, do you get up again and can you fight?
      Dr, Horn says NO. Kevin Bright and I say yes, you can.

      There’s more to that story, some details are missing.

      1. Here we go, Kimberly Dennis –

        “After the man rummaged through the house, he returned with a knotted stocking and began trying to strangle Kevin Bright.

        “I jumped up on my feet. He pulled a gun from his waistband,” Bright said. According to Bright, he grabbed the gun from the attacker and pulled the trigger twice, but it didn’t fire.

        “He jerked it away from me and shot me,” Bright said.

        The intruder left for awhile, came back and shot Bright a second time. “I played like I was dead. He left.” Bright said he was able to run out of the house. He approached two men across the street, one of whom took him to a hospital, and the other called police. Bright said he has lasting nerve damage.

        He said he never saw his sister’s body, and didn’t learn of her death until several days after the attacks”

        http://www.cnn.com/2005/LAW/03/02/btk.investigation/

      1. That’s very commendable Rob, I’m not saying it is an absolute that someone couldn’t try to fight back at some point. We just don’t know how long the gun shot victim laid there, or if the shot only shocked him or rendered him unconscious for a short time. He stated the intruder left for awhile, we don’t know at what point or time frame he gained any of his bearings to look around for a possible weapon. I think the killing of TA took longer than the prosecution felt in their theory, I don’t think he was able to get up or move (with a purpose) immediately after being shot, but that’s just my opinion.

      2. It was long enough to kill his sister, Katherine, and then come back. I think Dr. Horn used some word play to imply to the jury that the person goes down and stays down. There are more cases like this, and remember, the shot that went into Travis only grazed the brain. So I think he went out like a light for less than a minute after 5:30:30 (seated photo) and 5:31:14 (ceiling photo) the ceiling photo, I think is Travis coming to and scrambling away from the danger, with Jodi abruptly moving out of his way and taking that inadvertent photo. Next I believe he was on all fours, crawling towards the rear of the bathroom.

  2. Nice article. See why those that didn’t believe Jodi as she “testified” at trail and retrial. Maybe it was gut instinct but now that more information is available just no way to explain all the evidence away.

    1. I wonder why she fooled me AND she still does. She comes across to me as direct and truthful. I guess it’s because she had studied her stories until she believes them totally.

      1. The first time I stumbled on the trial was during the States witnesses. I think the last one the the defense began immediately I knew it was bogus. Just on gut feelings.

  3. I tried to keep an open mind through out the trial, but things just kept getting worse for Jodi. I kept waiting for things to turn in Jodi’s favor, but that never happened. With was presented at trial, I had to go with guilty, and even years after the trial, what we have learned since, I still go with guilty. I mean, now all we have is crazy theories, with nothing to back any of it up.

  4. As to felony murder, the order in which the instruments used has no bearing. Once she started the attack on Travis, she is an “uninvited guest”..in a “residential home”..which is FELONY murder ..gun or knife first doesnt matter.
    JA painted herself in the corner by testi-lying that it was Travis’s gun.
    She did not have permission to use it , and it was not found at the crime scene..she took it with her, constituting a burglary. That is also FELONY murder.

    1. Heidi Bulldawg Doelling, this is a very complicated issue and complex legal issue. It took me two articles to explain why I very much disagree with what you are saying. Here are the two articles:

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

      https://spotlightonlaw.wordpress.com/reader-your-arias-trial-felony-murder-charge-article-is-baloney/

      If it helps you any, Monica Lindstrom agrees with me that there is no case for felony murder. Here is what she said:
      Monica Lindstrom Legal Commentator After the prosecution rested in the Arias Trial guilt phase:
      “I think the Court has every reason now to kick that felony murder count or alternate theory out, because there’s nothing that I’ve seen, and I don’t think anybody else has seen anything that will go to that.”

      1. The simple explanation is that gunshot first murder has two distinct parts, but knife first murder has only one. A felony murder must have a predicate felony that is not the murder itself, and during that felony or in furtherance of that felony, someone dies. For example, If Jodi Arias stole Travis’ gun after the murder, this is not a predicate felony of burglary, because it happened AFTER the murder.

        Due to something called the “exclusion rule”, you cannot legally break down a knife murder into a series of assaults by knife stab. A murder by knife can only be a complete murder. Juan Martinez was mistaken when he made the argument that once Travis was stabbed one time, that this constitutes assault and that makes Jodi Arias an
        unwelcome guest in Travis Alexander’s home. This then becomes burglary (entering or staying in a residence with the intention of committing a further felony), according to Arizona law. This is the predicate felony in which a person died as a consequence, and this is your felony murder.

        This is incorrect. Monica Lindstrom and every criminal attorney at the trial did not see any basis for a Felony Murder charge according to the prosecution theory and the evidence presented. However, if it were a gunshot first murder, Arias shot Travis first, and he did not die, and she did not offer aid or call for help. In THIS case, this DOES constitute assault and Arias did remain in the residence in order to finish Travis Alexander off with a knife. This is absolutely Felony Murder by Arizona Statute.

        This in turn indicates that when Felony murder was charged or because the felony charge was never rescinded, the prosecution ORIGINALLY believed the gunshot was first and not last. They could not drop that Felony Murder charge, imo, because this would show they deliberately changed the order of injuries in order to short circuit Arias’ self-defense testimony. This is what I and many other believe happened in this case.

  5. As much as I dislike Arias immensely, for being a manipulative, narcissistic, lying murderer, I have to admit you’re spot on. She is pretty phenomenal. And the audacity of the woman knows no bounds. That back and forth with Juan is one example I’ve seen of her attempting and being pretty successful at controlling the situation. A psychopath I truly believe. Seeking out a weak or vulnerable spot in order to expose and use it to manipulate. She does an amazing job on Juan… She knows she getting him vexed, that’s the strategy. It’s pretty amazing to watch when you imagine what pressure any ‘normal’ person would be under and how the would react. If it were me I’d be a sniffling, weeping, trembling ball of nothing! Shes just aloof and calmly shoots back at him. Anyone with an ounce of common sense can see how, if she’s able to rag a prosecutor to such extent, she’d manipulate and attempt to control any other key players in her life. I’m fortunate enough to have avoided the whole apparent media circus surrounding this case…. Watching the trial on YouTube and maybe searching up transcripts and photos were how I formed my opinions. Great blog, great points, loved em all, thanks!

    1. I was just amazed by her testimony and interviews. You need to be missing some filters and some other empathy qualities to just testify so cooly. If you have testified in a trial for even a few hours, you know how stressful that can be, even if you are staying at a nice hotel instead of jail and do not have to get up before 4:00 AM and do not return until about 7:00 PM and all on two meals a day.

      Arias testified for 18 days. I’m just amazed. She feels no stress and remains cool as a cucumber. Yes, I would say she could control people very easily. I have seen this behavior continue even while in jail and prison.

      You have a purer view than most, being able to watch it on youtube without all the hoopla. I stopped watching HLN because of there 3 minutes of trial followed by 8 minutes of commercials and self-promotion. Much better to watch the videos. Some even have the sidebars removed.

      1. I was very good! Admittedly I did watch one short Dr Drew YouTube video, where they showed the video of Travis telling his near death experience, with Jodi laying all over him. I got a bit annoyed at the commentary afterwards, coz although I didn’t disagree with what they said it just all seemed sensationalised so I promised myself I’d listen to the trial and actual evidence (which did include that video showing that Travis was quite happy to have her lollop on him in public) and not any US news videos and that’s how I came to the conclusion she was not a nice girl. The interrogation tapes amazed me with the singing, handstands and asking if she could see the pics. But I was swung initially, listening to her tell the ninja story.(remember, I didn’t even realise that was a lie! I was very far behind! It was a bit confusing!) I did have a foot in both camps for a while. I wasn’t convinced that she was guilty. I spent a while going backwards and forward. What did it for me was EXACTLY what you listed in part 1. All the many different ‘coincidences’ and her lies.
        There were things you alluded to in these posts that I was unaware of, such as the behaviour towards some of her supporters or fans. That was an eye opener as I was oblivious to her treating some badly. I do think you’re right when you say about manipulation even now. And it’s interesting that it’s alot of men fighting her corner. I know women are there too, but from what I’ve observed it’s a majority of men. I think she has a charm she knows can command men. Alot of women have it, they aren’t all murderers but they get man jumping through hoops for them. She is absolutely audacious and as much as I hate to give her any attention she does intrigue me!

      2. This cozying up video was in the first few months of 2007 and by June it was over. 9 months of a relationship. Jodi had been inappropriate with Travis on the PPL trips, and even in the church, where she was sucking on his ear. This is really frowned upon in the LDS Church. But by June 2007, that was it, and the whole thing became a secret and hidden relationship as Jodi lured him back time and again.

        Jodi Arias has a power, no doubt. She comes across as very genuine in those interviews both before and after the trial, and on the stand, you can hardly believe she has been in jail for 5 years. Yes, her behavior gives her away, as even during her murder trial, Jodi was telling certain people in her facebook groups what to do and who to remove, etc I mean look at the behavior with the new boyfriend. I’m not sure if they are still a thing, though, I’m kind of out of the loop. By all accounts her letters are very nice and she’s very good with words and knowing what to say. She’s very personally endearing to those who write to her.

        I will be watching her prison record for updates to see if she is breaking rules or not. They list all disciplinary measures online. She did have this one guy, Edd Stack, who was jumping through hoops for her before she met Benjamin Ernst, who is probably in prison now for Driving under the influence, hit and run, and gun charges? Anyways, at some point, Jodi dropped him like a lead balloon. He is still a big supporter, though, and he may try to see her at the prison.

        Audacious is a good word for her, for sure. She is bold and rebellious and some people really like that.

  6. Sorry, I meant to add in my comment that if you don’t believe it could have been TA’s foot on the right in the “foot” pic, how about my other suggestion that what everyone thinks was his right arm being raised to either pull him or TA clutching at his head/throat was just as likely as a sheet/towel used as leverage, thus meaning his right arm would have been pinned close to his body and therefore that could have been his right hand(palm up) dragging close to the wall instead of his right foot?

    1. I’m not sure. I’m open to try any suggestion to see if it makes sense. I think people who say they know what they are looking at in the baseboard photo may be wrong.

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