04/22/2013 - waiting for rebuttal to continue

[seguek9]

We discussed the possibility of a surrebutal months ago. I'm not surprised at all. I doubt our amazing verified WS lawyers are either. Its not a big deal imo--just going to take more time and money (which does suck).

My prediction is surrebutal will be allowed, but manslaughter on the jury instructions wont be. Even if it is, this jury knows it was premeditated -- :cow:
Ive invested 4 months of my life and emotions into this trial--I just want justice for the Alexanders...

(If this does go on for another month or so...I suggest everybody buy stock in Smirnoff--my use alone will make you rich :floorlaugh:

 

[lil_buddy]

:twocents::twocents::twocents::twocents:

Edited for space to reply to the BOLD comment:

I re-read the entire autopsy report AGAIN and NOTHING present within the post report scientifically supports EITHER position of sexual intercourse. Some clarification might help, tho!

1. the (modified) sexual assault kit.....frequently standard protocol (IMHO, should be ALWAYS) when a nude, traumatized or suggestive trauma decedent is encountered.
NO POSITIVE ACID PHOSPHATASE test result was noted in the post report, this would be indicative of the presence of seminal fluid and IF the decompositional process had NOT destroyed the celluar material present, DNA testing could be done. ___>>useful to R/O homosexual vs heterosexual activity.
2. the over-all evaluation the genitalia would NOT provide specific evidence of any physical activity due to the 5 day decomposition time frame but it would provide indication of purposeful damage, if present.

SO.................personal opinions & pictures reign :banghead:

Plus, it defies common sense. If there was too much decomp to tell if the bullet entered the brain, how could they get a sperm count?
And even if they could get a sperm count, how would they know whether it was a normal level for him?

 

[wasnt_me]

can anyone put their hands on the pic comparisons of the hands taken with the penis pic? maryann123 is looking for them... or does anyone remember who posted them?

I didn't make this. I got if off some other site.

<modsnip>

 

[nic2200]

Unless this guy is equally as horrible as a witness as RS & ALV, and he's willing to testify Jodi was some sort of battered woman, I think they would have gone to him in the first place.

Since there is no indication he ever met Jodi, much less evaluated her, I think his role is to rebut Dr D on procedural things like testing, interpretation, number of hours an evaluator should spend with the defendant, etc. I do not think he will testify anything about Jodi herself.

It would take weeks for him to do an eval and write a report. The DT doesn't get to keep bringing on a string of new witnesses because their earlier ones sucked.

That makes a lot more sense. But it was the DT's job to bring this out with their own witnesses and their cross of Dr. D. in the first place. If they failed to do that, I can't see how they would be allowed to bring in someone else.

 

[DeAnnaMisrahi]

Didn't Jodi say on the stand in answer to a juror's question that she was not in fear or angry at Travis. Did the DT forget that?

Yes, this is when she was trying to tell the judge that she could remember how she "felt," although she couldn't remember anything else in that moment. Seriously.

 

[Callisto]

I have a true (maybe ignorant) question... How can the defense present self defense, have JA testify to it in detail then also include crime of passion manslaughter charges for the jury to consider? I just don't understand how or why, when there's been no speak of it under the sworn testimony of how it happened, could that charge be at all considered? Just wondering, I'm a law/court newbie! TIA!

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[kaydono]

The light at the end of my upcoming JW induced coma this week is. Didn't someone say that Flores is testifying this week? I could listen to his soothing voice for hours.

 

[indycornstalk]

I'm back. Hln has the jury charge on heat of passion right. But there was also a request to amend the self-defense charge. I didn't see the original proposed charge, so I'm not sure what the amendment was. I did note, though, that there is a dv aspect to the current one. What would a reasonable victim of dv do, in other words.

I am wondering if this new Dr. the Defense is wanting to bring on is in SUPPORT of the diagnosis of Borderline Personality Disorder for the VERY reason to get her convicted ONLY of Manslaughter, Heat of Passion or Rage! Still better than the DP and she will get out at some point with Manslaughter. I can see the Defense as being that desperate.

 

[Tipstaff]

This just showed up on Facebook...

Defense wants the jury to have the option of "Manslaughter by Sudden Quarrel or Heat of Passion" ...papers just filed - Vinnie Politan

AND now 5 years into the murder of Travis Alexander the defense team/JA has come up with yet a fourth version of events. :furious::furious:

 

[SweetT]

BBM: Yep ... and that's what worries me !

:seeya:

Me too dog.gone.cute. I do believe that folks have a harder time making black and white decisions when there are too many gray areas given as choice. I also believe that having a person in front of a jury day in and day out for months on end personalizes that person with the jury. It is harder to make a DP verdict in my opinion. I truly became more disgusted with Jodi the longer and more I heard from her and her DT..but I am not sure that the jury feels the same way I do. Plus I feel we know a few more details than they do..since so much was not allowed.
I am truly tired of our Criminal justice system caring more about the killers than it does the victims. Travis did not get a jury to determine his fate..he didnt get to defend himself or tell his story. Jodi gets to do all those things even to the point of lying ...and got to play executioner. Why should she get so much better treatment?

 

[Paintr]

BBM: Yep ... and that's what worries me !

:seeya:

The DT knows that she won't be acquitted. They want to offer the jury a 'compromise' verdict. They are hoping that the jury will not all agree on 1st degree and will settle on lesser charge. It is possible.

 

[Nezumi]

In case anyone's interested, the charge requested is at p. 105 of this link

http://www.azbar.org/media/292098/2011_cumulative_supplement.pdf

Thanks Karmady! You rock!

 

[crime cases addict]

I have my settings set to 100 posts per page and I started reading page 22 onwards this morning. There are links to the photo there. Sorry to be so vague.

How do you do these settings???? Ty in advance:rocker:

 

[Tipstaff]

If "manslaughter by sudden quarrel or heat of passion' doesn't work maybe the DT will say that TA tried to steal JA's gas cans from the trunk of her car and she had to murder him to save the gas cans. Version 5

or maybe if the 'gas can' defense doesn't work they can come up with Version 6 and pretty soon JA will be 50+ and still on trial.

 

[LinasK]

OK, so if the Judge allows this surrebuttal request, and it fails, will the DT then file another one - next claiming JA was sleepwalking? When does it end......DOES it end?

It's ridiculous and the DT is making a mockery of the system with this request.

Yeah, but keep in mind, Juan put the Sleepwalker defendant on Death Row!!!

 

[Paintr]

If "manslaughter by sudden quarrel or heat of passion' doesn't work maybe the DT will say that TA tried to steal JA's gas cans from the trunk of her car and she had to murder him to save the gas cans. Version 5

or maybe if the 'gas can' defense doesn't work they can come up with Version 6 and pretty soon JA will be 50+ and still on trial.

:floorlaugh:

 

[Mrs G Norris]

I feel the same way. I am generally happy to have someone thrown in jail for their natural lives and count that justice. But the more I see her smug face and watch the DT smear TA's name, the more I want her to get the DP. I actually don't even care if she is ultimately executed. I just want to know that she is in solitary for 23 hours a day, with no one to manipulate. Hopefully the jury feels the same.

Agree .. I want to see her face when they recommend it, and then again when the Judge imposes it .. just to see her expression when she knows that every single thing she said was disbelieved and that she LOST the case after all her lies, and to know that the jury wants her DEAD and the judge agrees, and that that's what people think of her for doing what she did .. etc etc etc .. I just want the satisfaction of Jodi losing as much as anyone can possibly lose after such a despicable defence strategy for such a despicable crime.

And yes, of course then to be on Death Row .. which actually means just her hanging out with three other chicks who are as just bad as she is (one's a double murderer, one killed a young boy, the other one killed her husband because she couldn't wait for him to die of cancer) and the only way she'll be able to communicate with them anyway is limited because there'll be no hanging in the day room playing cards for Jodi anymore, it'll be herself, a TV, and a couple of cr*ppy novels for the rest of her life

 

[Southern_Meadow]

I hope the Judge denies the DT. It might be grounds for an appeal, but there's an auto appeal in AZ for DP anyway. After all the evidence especially from shrinks/therapists and the DT had 2...screw 'em. :banghead:

Exactly, the defense had 2 psychologist testify already. I hope JSS sees that as adequate and denies their request. No matter what the TH's say, I have a feeling she is going to grant it, with the argument that it's a DP case. I hope I'm wrong.

 

[KPinMN]

So if this Dr Geffner rebut the BPD diagnosis, that doesn't really change much... Really, Dr Samuels even diagnosed her with personality disorder not otherwise specified (NOS), sooo they can't say she has no personality disorder and that all her issues are a result of PTSD or DV right? Or else they'd be calling Dr Samuels diagnoses incorrect...I really would like to know what Dr Geffner would bring to the table and none of his reports or existence has even been mentioned; would that mean he never interviewed her or evaluated her? Hmmm.

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In researching Dr. Geffner on http://www.fvsai.org/aboutus.htm it seems he would be more likely to testify about DV rather than the legitimacy of the BPD dx, but who knows. Regardless, I have a hard time seeing how the defense can claim any information to be new thus allowing a sur-rebuttal since they've had Dr. DeMarte's report for over a year now. I don't remember the DT bringing up in cross with Dr.JD that she testified to something not in the report either...seems like just another one of those motions made for the sake of making the motion imho

 

[Arabian Girl]

I have a true (maybe ignorant) question... How can the defense present self defense, have JA testify to it in detail then also include crime of passion manslaughter charges for the jury to consider? I just don't understand how or why, when there's been no speak of it under the sworn testimony of how it happened, could that charge be at all considered? Just wondering, I'm a law/court newbie! TIA!

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I thought the jury was informed what the defense's counter-claim was at the beginning but I guess I'm wrong. I can't imagine they actually stated to the jury it was a self-defense case and are now saying no it wasn't???

Maybe I need to head over to the Legal thread?? :facepalm: