Jodi Arias Legal Question and Answer Thread *no discussion*

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I read a a judgement (or whatever it's called) from early in this case when the defense was trying to get the forged letters into evidence, and I am not sure I have it exactly right but, I think LaVoillette based a lot of her opinions about Travis Alexander by including those letters. When the judge said they could not be admitted she also said LaVoillette could not talk about Travis Alexander except in a very limited scope. (I hope I have this right I can't remember which site had all the old documents) anyway I think that is why Mr. Martinez told her not "to go there" a couple of times and she stated it she only had so much to work with. (paraphrased) So my question is this, If she based an opinion on documents believing them true (and I think she probably still does based on her unwavering nonsensical testimony) and is then told she can't even vaguely reference them how is she supposed to tell the truth?
I don't like her as a witness, feminist, advocate or counselor but I am wondering if she didn't get the short end of the stick. Have you ever heard of things like this? Is it common? and Should they not have found a new expert that had never seen the documents?
Thank you for your last answer it is very nice of you to answer all of these posts.
 
General comments to keep in mind while watching this trial:

1. Perjury -- Witnesses lie and exaggerate on the stand ALL THE TIME, literally in every single trial there is a witness who lies or exaggerates on the stand. Witnesses also make mistakes about the facts they testify about, and sometimes their memory is faulty and they may not remember something accurately. None of those things is perjury, and even if a witness is outright lying -- it is extremely rare for someone to be charged with perjury because most of the time the witness can explain a discrepancy in their testimony due to memory issues or misspeaking, etc.

Perjury is a crime only when the witness knowingly lies under oath and it can be proven by comparing it to a previous written or recorded statement. And usually it has to be a lie that is material to the case on an important issue. Think Mark Furman.

2. Courtroom behavior -- Each judge is responsible for the rules of decorum in their own court. Some judges do not allow any food or drink or gum, other judges allow it. If the judge allows it, it is not disrespectful to the court to eat, drink, or chew gum.

Some judges require that attorneys keep their knees and feet off counsel table, and other judges dont require it. If the judge doesn't require it, it's not disrespectful to have your knee resting on counsel table (although as a practical matter, it looks bad and unprofessional).

Some judges and courts require electronics to be surrendered before entering a court room. Some require that all electronics be turned off. Some only require that they be silenced and even allow internet and email use in the courtroom. Whatever the particular rules are, the attorneys are generally allowed to have their phones, ipads, laptops on.

Some judge allow people in the gallery to take notes, others don't.

This particular judge apparently has pretty lax rules about court room decorum. That does not mean she does not have control of her courtroom or that she is not respected. it simply means she doesn't care about those things and does not feel like the administration of justice is compromised by people eating, drinking, chewing gum, etc in the gallery.

3. Control of the witnesses/attorneys -- I've seen so many comments and questions about how a witness can be allowed to testify the way they are or how can an attorney be allowed to ask certain questions or ask to approach so many times or how can Jodi be allowed to smile at jurors or send notes to her mother, etc. The simple answer is that whether something is allowed or not there is no way to prevent it from happening in advance -- the only way to deal with it is if someone complains and gets a ruling after the fact.

The judge can only rule on things that are brought to her attention within the legal process and what she observes with her own eyes. She removed someone from the courtroom for sleeping the other day - that is something she saw herself and corrected it. If a witness is answering inappropriately, the opposing lawyer has the opportunity to make his objections and get a ruling or instruction from the judge. If that doesn't correct the problem, there's an opportunity for the lawyer to object again and get another ruling and instruction.

It would take something really egregious for a judge to hold a witness in contempt -- rudeness, interrupting, going beyond the scope of the question is not going to do it. Contempt is an extreme remedy that is reserved for behavior that cannot be cured by any other means. A judge is not going to hold a lawyer in contempt because he or she asks to approach every thirty seconds or even because he or she goes beyond the bounds of a pre-trial ruling because these things can all be solved in other ways. The last thing the judge would want to do is hold a lawyer in contempt in front of the jury or even admonish the lawyers too strongly in front of the jury because it could be prejudicial and cause a mistrial or be grounds for appeal.

I do not believe this judge has no control over her courtroom - in fact, the opposite. What many see as a circus atmosphere is due to the defense attorneys acting in a squirrelly or sneaky way, and Juan is just not a prosecutor who makes a lot of objections or makes a big deal out of everything that he possibly could. Most prosecutors do not object a lot -- and most defense lawyers do not act as squirrelly as the ones in this case.

The judge's primary job in this case is to make sure that Jodi Arias gets a fair trial. Anything and everything else is secondary.

Thank you for clearly showing us what is considered acceptable. I think I'm "biased" on behalf of Travis, therefore I see everything the other side does as wrong. This helps me see it more objectively!
 
I'm not sure if I'm posting this question correctly. I'm new to this site (have been reading, but never posted). Anyway, I have three questions that are really bugging me and I was hoping to get some feedback here. 1) Has it been discussed anywhere whether or not this was the first road trip Jodi rented a car to take? Or was it common for her to rent a car for her trips? I think it's very telling if she used her own car for her other trips. 2) in the interrogation clips when Flores says something like 'what if I told you the neighbors saw you at his house during that time' she said something to the effect of 'they've only seen me with blonde hair'. I haven't seen that brought up but again shows she planned the hair color change. And 3) what is going on with this witness that has her own attorney and is going to testify on Monday???
 
I don't know if this has been asked but would like your opinion...

From the posts I'm seeing, the matter of ALV approaching TA sister in the courtroom was handled already.
With that in mind, can ALV be "in trouble", on Tuesday if she told the parties in chambers she had "no idea" she was not allowed to approach the family but then later testified to the juror question that "By law, she could not talk to family to gain more info about TA?" Would that be perjury if both situations are on the record?
 
Sometimes I think the court system has it backwards: ruling out evidence because it is more prejudicial than probative. Jodi's own mother (on the police interview tape) says Jodi answered that she had not been in AZ, and she had the gas receipts to prove it.

Question: That would be evidence, right? If so, it would weigh heavily in my verdict for premeditation if I were a juror.

Question: We are innocent until proven guilty but why wouldn't all evidence be admitted?

Do you think the lawyers/court just don't want a crucial nail-in-her-coffin (so to speak) to come from Jodi's mother?
 
Is there anywhere online that I can find and read the full Grand Jury Indictment for JA?
 
Hi, if the jury had no questions or more questions for a witness in the beginning of the trial (i.e. mimi hall, Det. Flores), and after further testimony from others, decide they have questions, can they request to ask ask them questions?

Thank you.
 
Hi, if the jury had no questions or more questions for a witness in the beginning of the trial (i.e. mimi hall, Det. Flores), and after further testimony from others, decide they have questions, can they request to ask ask them questions?

Thank you.

There's no procedure for that, no.
 
When a person is convicted of first degree murder, does the jury give sentencing recommendations at that time before sentencing or do they just convict the person and handle the sentencing later?

This is a shortened version of the question I wanted to ask but I hope you understand! TIA!
 
I have a few questions please!

There have been numerous in chambers discussions/meetings that have taken place during this trial, many of which seem to involve only the DT being present. What sort of issues require an in chambers meeting that couldn't be heard in the courtroom outside of the presence of the jurors?

During ALV's testimony it appears that she has been involved in several of the in chambers meetings. How common is that and why would a witness need to be involved in these discussions?

Is it considered standard to seal the records of in chambers meetings?

When JM asked ALV about the text message Travis had sent regarding him being very fearful of Jodi's stalking ALV attempted to deny seeing that comment in the text. JM asked to approach several times. After about the third approach the judge called for a 5 minute recess and the DT took ALV outside of the courtroom. ALV gets back on the stand and JM again asks her about this comment which ALV again refuses to acknowledge so JM asks to approach again. When ALV finally admits that Travis had written that he was fearful she tried to alter the interpretation of it by adding that Travis was laughing when he said, which he hadn't and JM corrected.

So, what was the purpose of JM approaching? Why did the judge allow the DT to discuss this with ALV when as a witness she is required to answer the question? Why should the DT be allowed time to discuss/coach a witness on how to answer an obvious question?

What purpose did it serve for JM to inform the judge that ALV was non-responsive if all the judge was going to do is "sustain" them? It didn't seem to correct ALV's behavior.
 
General comments to keep in mind while watching this trial:

1. Perjury -- Witnesses lie and exaggerate on the stand ALL THE TIME, literally in every single trial there is a witness who lies or exaggerates on the stand. Witnesses also make mistakes about the facts they testify about, and sometimes their memory is faulty and they may not remember something accurately. None of those things is perjury, and even if a witness is outright lying -- it is extremely rare for someone to be charged with perjury because most of the time the witness can explain a discrepancy in their testimony due to memory issues or misspeaking, etc.

Perjury is a crime only when the witness knowingly lies under oath and it can be proven by comparing it to a previous written or recorded statement. And usually it has to be a lie that is material to the case on an important issue. Think Mark Furman.

2. Courtroom behavior -- Each judge is responsible for the rules of decorum in their own court. Some judges do not allow any food or drink or gum, other judges allow it. If the judge allows it, it is not disrespectful to the court to eat, drink, or chew gum.

Some judges require that attorneys keep their knees and feet off counsel table, and other judges dont require it. If the judge doesn't require it, it's not disrespectful to have your knee resting on counsel table (although as a practical matter, it looks bad and unprofessional).

Some judges and courts require electronics to be surrendered before entering a court room. Some require that all electronics be turned off. Some only require that they be silenced and even allow internet and email use in the courtroom. Whatever the particular rules are, the attorneys are generally allowed to have their phones, ipads, laptops on.

Some judge allow people in the gallery to take notes, others don't.

This particular judge apparently has pretty lax rules about court room decorum. That does not mean she does not have control of her courtroom or that she is not respected. it simply means she doesn't care about those things and does not feel like the administration of justice is compromised by people eating, drinking, chewing gum, etc in the gallery.

3. Control of the witnesses/attorneys -- I've seen so many comments and questions about how a witness can be allowed to testify the way they are or how can an attorney be allowed to ask certain questions or ask to approach so many times or how can Jodi be allowed to smile at jurors or send notes to her mother, etc. The simple answer is that whether something is allowed or not there is no way to prevent it from happening in advance -- the only way to deal with it is if someone complains and gets a ruling after the fact.

The judge can only rule on things that are brought to her attention within the legal process and what she observes with her own eyes. She removed someone from the courtroom for sleeping the other day - that is something she saw herself and corrected it. If a witness is answering inappropriately, the opposing lawyer has the opportunity to make his objections and get a ruling or instruction from the judge. If that doesn't correct the problem, there's an opportunity for the lawyer to object again and get another ruling and instruction.

It would take something really egregious for a judge to hold a witness in contempt -- rudeness, interrupting, going beyond the scope of the question is not going to do it. Contempt is an extreme remedy that is reserved for behavior that cannot be cured by any other means. A judge is not going to hold a lawyer in contempt because he or she asks to approach every thirty seconds or even because he or she goes beyond the bounds of a pre-trial ruling because these things can all be solved in other ways. The last thing the judge would want to do is hold a lawyer in contempt in front of the jury or even admonish the lawyers too strongly in front of the jury because it could be prejudicial and cause a mistrial or be grounds for appeal.

I do not believe this judge has no control over her courtroom - in fact, the opposite. What many see as a circus atmosphere is due to the defense attorneys acting in a squirrelly or sneaky way, and Juan is just not a prosecutor who makes a lot of objections or makes a big deal out of everything that he possibly could. Most prosecutors do not object a lot -- and most defense lawyers do not act as squirrelly as the ones in this case.

The judge's primary job in this case is to make sure that Jodi Arias gets a fair trial. Anything and everything else is secondary.

4. Impeachment - impeaching a witness is a concept, not an event. To impeach a witness simply means to present evidence that undermines the witness' credibility. There is not a hearing to determine if a witness is impeached; there is no declaration that a witness is impeached; and there is no jury instruction that defines whether a witness has been impeached or not.

The jury is the sole fact finder and the sole determiner of how much weight and credibility to give each piece of evidence and testimony. There will be jury instructions that the jury can decide to believe or disbelieve any, all or none of a witness' testimony. The jury is allowed to use common sense and their everyday life experience to determine whether to believe any testimony. Even if there is no contradictory testimony on an issue, the jury can still choose not to believe it based on the demeanor of the witness and common sense.
 
What do all you legal experts make out of all the hearings within this trial? It's said the defense tried to ban HLN from filming before the trial even started, so could they be having these hearings to document a future filing they're planning against HLN or are they relevant to the JA trial? Maybe I missed something but I'm still trying to figure out what exactly happened in the Wong hearing that just occurred. Is it normal to continually have random hearings within a trial- as in the no jury hearings like the ones held with Sky & Chris Hughes, Jane C., Wong etc

Also legal people thanks so much for all your legal insight and taking the time to answer, it's been really helpful!
 
What do all you legal experts make out of all the hearings within this trial? It's said the defense tried to ban HLN from filming before the trial even started, so could they be having these hearings to document a future filing they're planning against HLN or are they relevant to the JA trial? Maybe I missed something but I'm still trying to figure out what exactly happened in the Wong hearing that just occurred. Is it normal to continually have random hearings within a trial- as in the no jury hearings like the ones held with Sky & Chris Hughes, Jane C., Wong etc

Also legal people thanks so much for all your legal insight and taking the time to answer, it's been really helpful!

Nothing much. It really is very common in murder trials.
 
What do all you legal experts make out of all the hearings within this trial? It's said the defense tried to ban HLN from filming before the trial even started, so could they be having these hearings to document a future filing they're planning against HLN or are they relevant to the JA trial? Maybe I missed something but I'm still trying to figure out what exactly happened in the Wong hearing that just occurred. Is it normal to continually have random hearings within a trial- as in the no jury hearings like the ones held with Sky & Chris Hughes, Jane C., Wong etc

Also legal people thanks so much for all your legal insight and taking the time to answer, it's been really helpful!

Totally normal.

The Wong testimony was just part of the mistrial hearing.
 
I have a few questions please!

There have been numerous in chambers discussions/meetings that have taken place during this trial, many of which seem to involve only the DT being present. What sort of issues require an in chambers meeting that couldn't be heard in the courtroom outside of the presence of the jurors?

During ALV's testimony it appears that she has been involved in several of the in chambers meetings. How common is that and why would a witness need to be involved in these discussions?

Is it considered standard to seal the records of in chambers meetings?

When JM asked ALV about the text message Travis had sent regarding him being very fearful of Jodi's stalking ALV attempted to deny seeing that comment in the text. JM asked to approach several times. After about the third approach the judge called for a 5 minute recess and the DT took ALV outside of the courtroom. ALV gets back on the stand and JM again asks her about this comment which ALV again refuses to acknowledge so JM asks to approach again. When ALV finally admits that Travis had written that he was fearful she tried to alter the interpretation of it by adding that Travis was laughing when he said, which he hadn't and JM corrected.

So, what was the purpose of JM approaching? Why did the judge allow the DT to discuss this with ALV when as a witness she is required to answer the question? Why should the DT be allowed time to discuss/coach a witness on how to answer an obvious question?

What purpose did it serve for JM to inform the judge that ALV was non-responsive if all the judge was going to do is "sustain" them? It didn't seem to correct ALV's behavior.

In chambers meetings could be used for anything, really, where the jury is not involved, but when there is witness testimony generally the judges like to use the courtroom--especially if the courtroom is wired for audio and video so a better record can be made. Also, in chambers meetings are discouraged for matters that ought to be public, because really, who's going to knock on the door of the judge's office and ask if they can come in and observe?

So hopefully the in chambers meetings are being mostly used for legitimately non-public matters. But some of the in chambers meetings have not been sealed, which means you can get a transcript from the court reporter--which means IMO they shouldn't have been held in chambers in the first place.

In chambers meetings involving the DT only should be extremely rare (but in this case seem to have been common) and would ordinarily involve things like ethical issues. The prosecutor would still have to be informed generally of the nature of the meeting.

If a witness is involved in an in chambers meeting you can bet that the meeting has to do with that witness. Could be issues of contempt, illness, or even the permitted scope of testimony (although I think that should be done in open court without the jury).

We've discussed the ALV non-responsiveness issue quite a lot already in this thread.
 
When a person is convicted of first degree murder, does the jury give sentencing recommendations at that time before sentencing or do they just convict the person and handle the sentencing later?

This is a shortened version of the question I wanted to ask but I hope you understand! TIA!

If the death penalty is on the table, there is a separate sentencing phase where the jury decides life vs. death. In AZ, the sentencing phase generally follows quickly after the guilt phase.
 
Sometimes I think the court system has it backwards: ruling out evidence because it is more prejudicial than probative. Jodi's own mother (on the police interview tape) says Jodi answered that she had not been in AZ, and she had the gas receipts to prove it.

Question: That would be evidence, right? If so, it would weigh heavily in my verdict for premeditation if I were a juror.

Question: We are innocent until proven guilty but why wouldn't all evidence be admitted?

Do you think the lawyers/court just don't want a crucial nail-in-her-coffin (so to speak) to come from Jodi's mother?

Jodi's mother's testimony would be evidence, and she can be called to the stand to give it. If she says something different than she said on tape, the tape can be played to impeach her. Frankly, I don't think it's very important evidence, so I'm not sure if JM would bother, but yes, he could IMO get this evidence in on rebuttal.

Evidence is NEVER thrown out because it makes a defendant look guilty. NEVER. This is a misunderstanding of how the rule about "prejudicial" evidence works. The rule is that if evidence is NOT very helpful at all in figuring out the crime but is prejudicial for SOME OTHER REASON NOT HAVING TO DO WITH THE DEFENDANT'S GUILT, then it is kept out.
 
In your opinion, how much trouble is ALV in considering the comment by JS?
 
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