Sentencing and beyond- JA General Discussion #8

[RickshawFan]

(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 agree on framing Deanna. The Hughes were never really a major emphasis in the trial even though she could have made them so. Plus, wasn't trying to fill the Hughes's shoes; she was trying to fill Deanna's and failing spectacularly.

 

[RickshawFan]

Oopsy... HugHes, not HugUes...

I'm just speculating, but I think it is possible, even likely, that her premeditation included something that explains her eagerness to mention two possible attackers, the two weapons and her obsession with the pedo lie. She sure didn't have the means, the motive, nor the opportunity...

It didn't work. She was left with a bad storyline she needed to fix, a new humiliation, her envious hatred and the hell that must be her own mind.

All JMO and thinking out loud.

IIRC in his interrogation, Flores asked if she did it alone. She might well have thought to herself: "They think two people did this. If I get my lies right, I can make it two people who don't include me. Then they'll think it's not me."

 

[salberg7]

She had no input? wow. I thought I detected her delusional thinking in every twisted argument..

I agree; to me it actually reflects the ’ ugly voice. I think she had huge input in where these ideas are coming from.

Typical - goes in with a flourish & then quickly puts out her own fire with her evilness/darkness. Still thinking the world revolves around her & can’t be told otherwise.

 

[RickshawFan]

I have received and uploaded. Once the PDF opens, either right click anywhere and do a Save as, or click on file and save as, depending what you are using. Link
Let me know if anyone has any issues.

Now I am going to do some reading myself!

LAcres, you exceeded your bandwidth and the file won't download. Hope your website didn't crash?

 

[FelicityLemon]

Of course, this made me all the more curious.... LaV must have said something vile to the spectator? What do you think she said? Or did the spectator merely trap her into a response, and the fact she responded was the problem?

I'm so sorry! I responded to the wrong context of one of ALV's unprofessional conduct! What I wrote below has nothing to do with a phone call from a spectator. I'm so sorry
================================================
If I recall correctly and I'm completely paraphrasing, but LaV stopped by TA's SISTER on her way off the stand and said something like "it wasn't personal." "It" being her testimony where she totally trashed TA and regurgitated every vile LIE that the alleged as truth.

LaV was/is the biggest self-serving idiot that testified.
Samuels was another kettle of stinky fish.

Talk about dragging the bottom of barrel for any desperate person to testify in the ' defense...jeezopeez.

Edited to change the word 'thing' to 'LIE'.

 

[Hope4More]

Besides the especially bad writing, does this read as a "normal" appeal? For your garden variety killer, not a super special one like the , would you expect an appeal to read differently then this?

Would you like a truly nerdy & in the weeds & likely pretty long reply to that question? Or a JM -approved kind of reply (is that a yes or a no, m'am?)

 

[Pasasana]

Would you like a truly nerdy & in the weeds & likely pretty long reply to that question? Or a JM -approved kind of reply (is that a yes or a no, m'am?)

I'll take the nerdy if you're so inclined!

 

[MsJosie]

http://horsecountryshavings.com/1CA-CR150302 - 7-3-2018 - FILED - APPELLANT'S OPENING BRIEF.pdf





this^^^ link works for me

Tanks got this

IIRC in his interrogation, Flores asked if she did it alone. She might well have thought to herself: "They think two people did this. If I get my lies right, I can make it two people who don't include me. Then they'll think it's not me."

okay...I am having a big issue so I am off topic with RickshawFan but I know you are a long time member

I cannot just reply to the forum here, it will.not let me!!! I can on other forums....but not here

So please. Can someone give me links to her brief? There is a link at the end but I cannot get into it. The on elink Imhad will not open anymore.....grrrr

Please anyone can you post the brief links....and thank,you RickShawFan for letting me post the SOS here.

 

[Hope4More]

Tanks got this

okay...I am having a big issue so I am off topic with RickshawFan but I know you are a long time member

I cannot just reply to the forum here, it will.not let me!!! I can on other forums....but not here

So please. Can someone give me links to her brief? There is a link at the end but I cannot get into it. The on elink Imhad will not open anymore.....grrrr

Please anyone can you post the brief links....and thank,you RickShawFan for letting me post the SOS here.

Did you try LAcres link to the brief?

 

[RickshawFan]

Did you try LAcres link to the brief?

LAcres brief copy is no longer available. Seems her server hit max bandwidth. Have people maybe been reading it online without downloading?

 

[RickshawFan]

http://horsecountryshavings.com/1CA-CR150302 - 7-3-2018 - FILED - APPELLANT'S OPENING BRIEF.pdf





this^^^ link works for me

Not for me.

 

[Hope4More]

LAcres brief copy is no longer available. Seems her server hit max bandwidth. Have people maybe been reading it online without downloading?

Ugh. Maybe someone can send him/her a "PM"? I know the intent was to have the brief be available for 2 weeks before it was taken down.

 

[RickshawFan]

The only reason why JSS considered allowing the forgeries in was because the pedo claims were actually central to the defense's case for self defense.

Their case, in a nutshell:

1. TA abused both emotionally & physically.

2. He abused her because he was abused as a child, and because he was tormented by the guilt of pretending to be a good Mormon but all the while being a sexual predator.

3. His physical abuse of the dramatically escalated in January 2008, because she had discovered he was a pedophile.

4. The reason why not a single other person or GF of Travis had ever been abused by him is that no one other than the knew he was a pedophile.

5. responded to his rage on June 4 as a battered woman, who knew his darkest secret, and who had been physically abused and tormented by him because of that knowledge.

No wonder I didn't remember the "logic" of the pedo letters. Must have taken several years to think this one up.

 

[RickshawFan]

This argument is so ridiculous. Dr. DeMartes's testimony on ' ability to plan and organize debunked her false memory loss from PTSD, which supposedly came after the crime was committed.

Would an "ability to plan and organize" constitute a "mental state" anyway?

 

[RickshawFan]

I remember when POSA, fresh out of the gate, decided it was a good plan to file a motion demanding that the entire COA recuse themselves from hearing her appeal because a single judge wrote an obscure article in an obscure journal and mentioned her name & case in a discussion about the cost of pursuing a DP conviction.

I asked AZLawyer at the time- "surely they have a strategic reason for doing this? And after the COA denied the motion, for demanding that the motion be reconsidered? "

AZLawyer's reply (paraphrased) was: "well, only if they think repeatedly insulting the integrity of every COA judge with a completely meritless allegation is good strategy. "

POSA really is just that clueless. And....I'm pretty sure the COA has known that for years.

The demand that the entire COA recuse themselves wasn't in PP2? It's been so long.

 

[RickshawFan]

Of course, this made me all the more curious.... LaV must have said something vile to the spectator? What do you think she said? Or did the spectator merely trap her into a response, and the fact she responded was the problem?

Escaped this rabbit hole. It was the time LaV accosted Samantha.

 

[RickshawFan]

The reason why you recognize her twisted evil self is because her attorneys regurgitated her trial testimony as "fact."

The language in the brief reminds me of the time I was teaching the Iliad to college freshmen. They wrote their first paper on it. All the papers sounded like a Homer translation with archaic turns of phrase and epic vocabulary. LOL.

The POSA got infected by the like a bad virus.

 

[pocketaccent]

Would an "ability to plan and organize" constitute a "mental state" anyway?

Yes, but Dr. DeMarte described 's mental state after the murder. She did not believe lost her post murder memory, rather was able to plan and organize and cover up what she had done. knew she killed Travis - no memory loss. deleted photos, put the camera in the washer, cleaned up, "staged" the scene, left voice mail to Travis, etc. claimed PTSD and memory loss just so that she didn't have to testify about stabbing TA and slitting his throat.

Dr. DeMarte did not touch on the premeditation aspect of the murder or 's mental state at the time of the murder at all. -> that's what POSA is claiming she did /JM used her testimony to describe 's mental state at the time of the murder. JM was very careful not to do that.

 

[Hope4More]

I'm working on that dissertation about POSA's brief, but I just remembered something I've forgotten to post-

A COA deputy clerk told me this week that ALL exhibits introduced into evidence at trial, other than anything sealed, are available to the public. Right now.

Anyone could walk into the COA, approach a deputy clerk, and say.. I'd like a copy, please, of say....the transcript of the May 26 chat. And he/she would hand it over, just like that.

 

[Hope4More]

The demand that the entire COA recuse themselves wasn't in PP2? It's been so long.

POSA didn't come on board until after the filed her appeal (shortly after JSS sentenced her). They insulted the COA within a few months after that, iirc.