Sentencing and beyond- JA General Discussion #8

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. The "facts" in their brief come from the trial record (that includes everything allowed into evidence, not just testimony....so, journals, phone & text logs, etc. etc).
Now I see. The reason we're getting prolific new BS is that the pool of "evidence" was much bigger than what was selected for trial by either side in support of their arguments.
 
POSA is only allowed to argue that JSS erred in rulings or abused her discretion.

The foundation for each and every one of POSA's arguments was laid at trial, by the DT, either by motion or by objection.

Therefore, either Nurmi or Willmott made a motion or an objection relating to the wearing a stun belt.

If you'll recall the stunt DT tried to pull at trial relating to the belt, you know just how disingenuous POSA's complaint about the belt (and brace is).

Remember that it was in fact JM who objected to allowing the to take the stand each day AFTER the jury was seated? JM knew what the DT was trying to do- have the limp up to the stand, flashing that stun belt, precisely so a POSA could use the belt as an appellate issue. FAIL.

How could anyone forget the stun belt routine?

Now I see how the game goes. Appeal can only arise out of something WilMott or Nurms wrote up or objected to. Nothing that JM said, unless it was noted at the time. Noting that JSS said unless it was noted at the time. Nothing that anyone else threw into the mix unless it was noted at the time.
 
You sure can't tell that by the way this reads, every lie she ever told and then some are included.

I'm on the stun belt now, apparently it inhibited her ability to participate in her own defense, yet it did not inhibit her from going Pro Per twice and acting as her own attorney to get even more lies on the record. Yeesh.

ETA: I was quoting Hope's post above, I guess I forgot to make sure it was included.
Ugh, POSA says the 's "smirking" and "memory problems" are the result of the stun belt she was forced to wear. It didn't give her those problems during direct with Nurmi, jeez.
 
  1. Due process requires that the accused receive a fair trial by an impartial jury, free from outside influences. The trial court allowed the media to broadcast Arias’s trial by livestream and imposed very few limitations on the media’s access to court. Did structural error occur?

  2. Hearsay testimony is generally inadmissible at trial. The trial court denied Arias’s motion to preclude hearsay testimony regarding a .25 caliber handgun stolen from her grandparents in California. Was the admission of statements from Arias’s grandparents, who did not testify, a violation of the Arizona Rules of Evidence and of Arias’s federal and state constitutional right to confront all witnesses against her?
    1. The Arizona Rules of Evidence provide that an expert may not state an opinion about whether the defendant did or did not have a mental state that constitutes an element of the crime. Dr. DeMarte testified for the state about Arias’s ability to plan and organize. Did the trial court abuse its discretion when it allowed Dr. DeMarte to testify regarding Arias’s mental state at the time of the crime?

    2. A criminal defendant has the constitutional right to be free from shackles and handcuffs in the jury’s presence absent an essential state interest that justifies the physical restraints. Arias wore a stun belt and leg brace throughout trial. Did structural error occur?

      1. The state violated the Equal Protection clause when it exercised peremptory strikes in a discriminatory manner. The prosecutor used six of his eight strikes to remove women from the jury. Did the trial court commit clear error when it denied Arias’s Batson challenge?

      2. Did pervasive and persistent prosecutorial misconduct deny Arias her rights to due process and a fair trial?

        [the numbering came out all glitchy---should be 1 through 6]
 
No, we didn't want to "vote Arias off the island", we wanted to vote her Off the Planet.

We have gone into the utter ridiculous in this brief.

So true! This brief is so hard to read without gagging. I can’t believe it was written by attorneys employed by the state. Does ’ appellate team need a “time out”? What is so important in this brief that it needed to be sealed an
Sounds like wrote it.
 
I'm thinking the Appeals attorneys are shooting themselves and the in the foot with the mountainous piles of florid embellishments. a) I doubt the COA is gonna be thrilled by getting a double dose of BS in the trial and repeated BS in the brief. Most of the time, more is not more and b) evidently, they've been around the too long and now sound exactly like her. This is not a good look.

I totally agree.

I think they would have better luck if they stayed brief and to the point.

If they make it long and full of %^%^ then the judges having to decide the appeal will immediately see what the lawyers are trying to do.
 
I believe he thought they were loyal to him. But there was not a lot they could do, evidently, to convince him she was a psycho. Too bad they couldn’t gang up on him to file a police report or a stalking order. There were crimes in that mess, like tire slashing, theft, hacking, etc.

They could also have persuaded him to go to a psychologist, not only for current trauma, but to address past trauma in his current life. The bishops may be at fault, too, for not insisting he get professional help.

YES - PERFECT! An intervention just like you do when a friend has a destructive addiction problem, which he did.
 
So true! This brief is so hard to read without gagging. I can’t believe it was written by attorneys employed by the state. Does ’ appellate team need a “time out”? What is so important in this brief that it needed to be sealed an
Sounds like wrote it.

She probably did write it and lawyers did very little correcting otherwise she would have a fit. It was then submitted....remember she represented herself, she thinks she has a law degree.
 
I never understood the pedophilia thing. You can't kill a pedophile in cold blood any more than you can kill anyone else in cold blood.

Never mind whether or not the pedophile letters could be introduced at trial, why did JM even have to go as far as pointing out that they could have been cut and pasted and then copied? Should never have happened: even if not forgeries, they would have had no bearing on whether or not murdered the guy in heinous fashion.

Besides, you're only a victim of a paedophile if you're a child or young person. was neither. How could she possibly claim the murder was the byproduct of pedophilia?

All irrelevant IMO, and JSS could have skipped all the messing about with the pedophilia thing. Since the unnecessary messing about was in 's favor, however, it would be very hard to claim that the messing about was grounds for appeal.

If I may try something, as someone who has had the displeasure of dealing with a scorned BPD ex – so creative in his relentless nastiness it took me ages to understand WTH happened.

To this day, craves revenge on TA, his family, the Hugues and the Mormon community who made her feel like such a reject and landed her in jail, through no fault of her own.

She initially devised a « brilliant » and Hitchcock worthy plan : kill Travis, make it look like two perps did it and fabricate evidence showing it had something to do with a mixture of religion, lust and pedophilia :

Pre-arrest, as early as her second phone interview with DF (starting at around 22 :30) :

- DF : This is now a homicide investigation. I need to find out who would want to harm TA and what kind of activities he was involved in

- : immediately starts talking about how hard he works out, how physically fit he is, and why she doesn’t see how anyone could overpower him… unless they were two

(Being such an empathetic and non-judgemental angel, she was the only person on earth Travis could confide his deviant impulses to, as shown in the pedo letters, forged pre-arrest as part of her scenario IMHO : « I worry about going to the Hughes in the future because R*** is getting close to that age. It would be so easy. »)

First Blow : He didn’t die as planned.

Second Blow : DF can prove she was there. She uses her meticulously scripted scenario to fix her narrative : Okay I was there (sex sex sex), then came a man and a woman… (surely, the evidence will point to TWO ninjas and, as an innocent witness, she will eventually get to reluctanlty share the letters and explain how she (sex sex sex) helped him overcome his terribly dark side).

Third Blow : KN can’t defend the ninja tale and convinces her that, for her own sake, she needs to admit to killing Travis. Okay, I killed him in self defense ; you know, this Mormon hypocrite had a very very dark side only I was privy to… She proceeds to tell the parts of her initial scenario she can fit with the evidence, and then adds some.

Fourth Blow : Guilty. Life without parole. At sentencing, she can no longer hide her envious and hateful mind frame.

So much energy and trial time were dedicated to finding *advertiser censored* on TA’s computer, chances are she was pressuring her DT as she was positive something would show up… because she tried to plant it (I’m still perplexed by the Spybot activation at the exact time the nude pictures of her are stamped and by her long and boring story about TA supposedly throwing a tantrum because of a virus on his computer…)

IMHO, twisted did her very best to plant evidence insinuating TA may have been found out by fellow Mormons as a sexual deviant and a pedophile and that he was subjected to blood atonment (a capital punishment mentioned in « the scripture » he introduced her to)… Maybe by the devout Hugues who had – as insinuated by the forged letter - very personal motive.

In her demented mind, the pedo letters, along with the ninja fable, could have been the ultimate premeditated revenge on TA, and on the Hugues (mocking the Mormon faith in the process) who rejected her and ruined her chances at being rich and socially well off.

She can’t get over her own genious and is stuck with a sick motion picture of her own making that hasn’t yet had the « proper recognition she deserves ».

I hope I’m making sense. These Cluster B types can be consumed with envious hatred and emotionally volatile, and still extremely focused, creative and methodical if seeking revenge/vindication from perceived rejection/abandonment/humiliation. This one is tireless and knows no boundaries.

Thank you Hope4More and LAcres for making available the 342 pages of drivel she lately inspired. Off to read.
 
If I may try something, as someone who has had the displeasure of dealing with a scorned BPD ex – so creative in his relentless nastiness it took me ages to understand WTH happened.

To this day, craves revenge on TA, his family, the Hugues and the Mormon community who made her feel like such a reject and landed her in jail, through no fault of her own.

She initially devised a « brilliant » and Hitchcock worthy plan : kill Travis, make it look like two perps did it and fabricate evidence showing it had something to do with a mixture of religion, lust and pedophilia :

Pre-arrest, as early as her second phone interview with DF (starting at around 22 :30) :

- DF : This is now a homicide investigation. I need to find out who would want to harm TA and what kind of activities he was involved in

- : immediately starts talking about how hard he works out, how physically fit he is, and why she doesn’t see how anyone could overpower him… unless they were two

(Being such an empathetic and non-judgemental angel, she was the only person on earth Travis could confide his deviant impulses to, as shown in the pedo letters, forged pre-arrest as part of her scenario IMHO : « I worry about going to the Hughes in the future because R*** is getting close to that age. It would be so easy. »)

First Blow : He didn’t die as planned.

Second Blow : DF can prove she was there. She uses her meticulously scripted scenario to fix her narrative : Okay I was there (sex sex sex), then came a man and a woman… (surely, the evidence will point to TWO ninjas and, as an innocent witness, she will eventually get to reluctanlty share the letters and explain how she (sex sex sex) helped him overcome his terribly dark side).

Third Blow : KN can’t defend the ninja tale and convinces her that, for her own sake, she needs to admit to killing Travis. Okay, I killed him in self defense ; you know, this Mormon hypocrite had a very very dark side only I was privy to… She proceeds to tell the parts of her initial scenario she can fit with the evidence, and then adds some.

Fourth Blow : Guilty. Life without parole. At sentencing, she can no longer hide her envious and hateful mind frame.

So much energy and trial time were dedicated to finding *advertiser censored* on TA’s computer, chances are she was pressuring her DT as she was positive something would show up… because she tried to plant it (I’m still perplexed by the Spybot activation at the exact time the nude pictures of her are stamped and by her long and boring story about TA supposedly throwing a tantrum because of a virus on his computer…)

IMHO, twisted did her very best to plant evidence insinuating TA may have been found out by fellow Mormons as a sexual deviant and a pedophile and that he was subjected to blood atonment (a capital punishment mentioned in « the scripture » he introduced her to)… Maybe by the devout Hugues who had – as insinuated by the forged letter - very personal motive.

In her demented mind, the pedo letters, along with the ninja fable, could have been the ultimate premeditated revenge on TA, and on the Hugues (mocking the Mormon faith in the process) who rejected her and ruined her chances at being rich and socially well off.

She can’t get over her own genious and is stuck with a sick motion picture of her own making that hasn’t yet had the « proper recognition she deserves ».

I hope I’m making sense. These Cluster B types can be consumed with envious hatred and emotionally volatile, and still extremely focused, creative and methodical if seeking revenge/vindication from perceived rejection/abandonment/humiliation. This one is tireless and knows no boundaries.

Thank you Hope4More and LAcres for making available the 342 pages of drivel she lately inspired. Off to read.
I like this scenario. She hated the Hughes so framing them for the murder is a definite possibility. The pedo letter will provide a perfect motive why they had to kill.
 
So I read the appeal minus the appendix but I have't seen anything that would put anyone in danger in the public or otherwise? No wonder it was denied by the COa.

That dramatic (and unfounded) claim of danger was just silly, no doubt intended to support their argument that JSS had allowed excessive publicity to taint the trial and to endanger the DT & expert witnessess physical safety.

(Did you catch POSA's insulting allegation that JSS had acted immediately to protect JM when he was threatened, but had been indifferent about threats made against the DT? Pffft).
 
Maybe this was the issue that needed to be resolved. (JSS ordered AL to return and 'complete her testimony' on her last day of testimony) I wonder what AL said to the spectator. Good that JM referred the matter to the detective unit.

Page 31,
The court addressed a matter which arose involving a spectator who contacted LaViolette by telephone. (RT 4-11-13, pp. 4-12). LaViolette returned the call and spoke to the spectator. (Id.).
The spectator alerted the county attorney’s office and the prosecutor referred the matter to the county attorney’s office detective unit. (Id.).
The court admonished LaViolette to refrain from interacting with the spectators.
 
I like this scenario. She hated the Hughes so framing them for the murder is a definite possibility. The pedo letter will provide a perfect motive why they had to kill.

(I immediately thought of you when reading this scenario, lol).

I personally doubt the intended to frame the Hughes, though agree she hated them intensely and still does, because her hatred is never sated, not even by revenge.

I don't believe she intended to frame anyone else at all, but if she ever entertained that thought after the fact, I think her choice would have been Deanna.

She mentioned Deanna in both her nasty letter to TA's family and in her ridiculous "manifesto," saying in both, basically, that Deanna was unhinged and extremely jealous of .
 
(I immediately thought of you when reading this scenario, lol).

I personally doubt the intended to frame the Hughes, though agree she hated them intensely and still does, because her hatred is never sated, not even by revenge.

I don't believe she intended to frame anyone else at all, but if she ever entertained that thought after the fact, I think her choice would have been Deanna.

She mentioned Deanna in both her nasty letter to TA's family and in her ridiculous "manifesto," saying in both, basically, that Deanna was unhinged and extremely jealous of .
Haha, thought of you during and after reading, too!
Oh, she hates Deanna so much. Deanna even got into her special pedo letter.
 
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