04/22/2013 - waiting for rebuttal to continue

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Of course! I think this is Murder 1 all the way and if I were on the jury, that would be my vote. I also think it's pre-med, but we'll see how well that is proven over the next week. Either way, it's some form of Murder 1 in my mind.

I was simply trying to say, if the jury didn't believe self-defense, but they didn't feel that this qualified as Murder 1.... the lesser charge is Murder 2. I just don't even see how manslaughter comes into play based on anything that is being presented in the case.

But as others had said, this was probably going to be requested by the DT no matter what happened up until this point as another "out". If that makes sense.

Thanks, this Felony Murder thing is new to me...didn't realize most states have it now...I'm trying to make sure I'm making sense!!! I do have confidence in JM, but this trial has my nerves on end!
:banghead:
 
Are we sure this surrebuttal witness isn't the sociopath doodling with a putt putt pencil? Personally, I think she's DONE letting other people talk for her. She thinks she can "fix it" herself because, well, she's as smart as Einstein. :twocents:
 
Defense #6: Sleepwalking defense

Defense #7: Twinkie defense

Defense #8: JA's evil unknown until now twin murdered TA


When will this end? :furious:
 
Litigatrix,

Because JM has BOTH premeditated and felony murder as counts, do you see a conviction there? I've been told the jury can be mixed between the two and it still adds up to Murder One.

I would like to see JM really focus on the pre-meditation and deliberation aspects of the Murder 1 charge. If he can put it in a package that the jury can run with and drown out all of the background noise, then he has a home run. Right now, the DT has put on their case for so long that it is hard to remember the particularly egregious timeline/crime scene/planning aspects of this. JM will come back to it soon enough and that's where he needs to focus his attention.

FWIW, I have never agreed with the Felony Murder charge because it doesn't make any sense. This is the best explanation that I have seen as to why the charge is dead in the water:

http://www.azcriminallawsexcrimes.c...er-allegation-against-jodi-arias-is-nonsense/
 
They just played that 911 call on HLN and it amazes me that Mimi shows more pain and anguish in that one phone call than Jodi has this entire trial, at the loss of Travis. Disgusting.
 
Look at this Dr. qualification. I think Jodi's family is throwing itself under the bus on child abuse/family violence etc. He's going to tell us how that affected Jodi and her brain and how she reacted to Travis's "body slam". It's going to be the same except Jodi "snapped" through no fault of her own, so where's the gun and knife in this new revelation?

Good point. I've been wondering a bit if this new guy wasn't at the insistence of Jodi, to "prove" she doesn't really have a mental defect, it was all someone else's fault!
 
If this Dr. was willing to testify, he would have been way more credible than ALV, so I don't understand why they just didn't use him in the first place. That is what is confusing.

ALV was originally a mitigation witness. Maybe this guy took her place, and now they're bumping him up into the trial phase too.
 
Are we sure this surrebuttal witness isn't the sociopath doodling with a putt putt pencil? Personally, I think she's DONE letting other people talk for her. She thinks she can "fix it" herself because, well, she's as smart as Einstein. :twocents:

Oh, it certainly wouldn't surprise me if she is actively involved, no.
 
That's what makes me think that he won't be testifying about anything other than Dr. D's testing methods or conclusions.

I just think that that is the job of the DT team to discredit Dr. D's methods or conclusions. That's not really "new" information being introduced to the trial. So if that were the case, it wouldn't seem to qualify for a rebuttal witness. I don't think. But maybe a lawyer can weigh in.
 
If so, then why would the defense go with the self defense defense? (Yipes!) Anyway, such an all or nothing seems like a risk with so much evidence to indicate otherwise. As I'm typing, I guess I answered my own question. I truly hope that what is above is followed by this judge.

I think the Defense will be totally content with a hung jury. No way will there be an acquittal and they are well aware of that.
 
I realize there are many WS'ers that have negative opinions about HLN but it is all I have to follow the court proceedings. Anyway, my point is that many of their demo-experiments would be very helpful to JM. They had a young woman Jody's size demonstrate moving a 200 lb dummy from the bedroom door to the shower and it was very interesting. She was winded but she accomplished it. If you haven't seen the mock up of Travis' bathroom on HLN - it is worth checking out. MOO

I dislike HLN but I'm going to try and find this demonstration. Thanks.[/QUOTE]

You are not alone. That's all I have to watch as well. I just diligently attempt to filter out most of the BS and hold onto the rest.
 
You guys..I have posted this several times but am going to do so again as it is pertinent.

State v. Andriano, STATE of Arizona, Appellee, v. Wendi Elizabeth ANDRIANO, Appellant.

"We held in State v. Celaya that “where the sole defense is self-defense so that the evidence requires either conviction or acquittal, any instruction on any other grade would be impermissible.”  135 Ariz. 248, 255, 660 P.2d 849, 856 (1983);  see also State v. Wall, 212 Ariz. 1, 6, ¶ 29, 126 P.3d 148, 153 (2006) (noting that when defendant asserts an “all-or-nothing” defense, the record usually will not support the giving of a lesser-included offense instruction);  State v. Jones, 109 Ariz. 80, 81-82, 505 P.2d 251, 252-53 (1973) (holding that lesser-included offense instructions were not required where evidence at trial and defendant's self-defense theory presented an “either-or” jsituation requiring either first degree murder conviction or acquittal)."


Even in the unlikely situation where this Judge does allow the jury to consider lesser offences I have this unshakeable faith in JM. He will do everything to make this very smart jury understand what really happened. And the jurors have the option of felony murder as well. As JM said Travis would have considered JA to be an unwanted person in his house after the first stab wound.

Don't worry. Surrebuttal if there is one thing will not take long. JM will not let us down even if the unlikely event that lesser charges are an option.

According to my attorney brother, judges will sometimes add the lesser included offenses IF the defense has laid a foundation through witness testimony and evidence offered. I think that was what the DT was quietly doing with Samuels and ALV. They have been laying out their foundation for a battered woman that finally snapped, because of prior abuse and mistreatment. I am afraid that the judge might let these lesser includes in at the last moment.
 
I'm trying to find witness testimony other than Dr. DeMarte about the doggie door and Christmas tree incidents. I listened again to Mimi Hall's testimony from the first day, but she did not make these assertions.


Sent from my hippocampus using Tapatalk
Did you listen to Juan's redirect? It was Mimi Hall who testified about the doggy door and other incidents of Jodi's stalking behavior. I re-listened to her testimony recently too. Redirect begins at/around 1:55:38 of the following link: Jodi Aris Trial : Day 1 : Opening Arguments (No Sidebars) - YouTube

Doggy door is mentioned around 1:56:35.
 
It seems pretty clear that the jury (at least those who have submitted questions) doesn't buy the self-defense/DV story. I agree with you that crime of passion is ludicrous given all the evidence of premeditation, there may be at least one juror who might find it easier to believe that she just snapped. Hopefully the judge doesn't denies the motion. Let's not forget that in July 2011 Jodi was willing to plead to second-degree murder but the prosecution turned her down. Her plea offer reads like blackmail/extortion--basically take this offer or I'll destroy Travis on the stand. She wasn't kidding.

This whole thing is being orchestrated by Ms. Einstein wanna be. She is out to search and destroy everyone besides TA. She is so angry, delaying the trial is her way of costing the taxpayers of AZ. tons of money, making TA's family miserable every single day they have to sit there. And Juan and the State are also her targets. JW and the guy Nurmi who is actually a spectator who likes to eat and relax during trial are all pawns and they're running up the bills too. She is so vindictive, a female Hannibal Lector for sure. She can't hide the look behind any of her disguises. Sad !! :drumroll:
 
Thanks, this Felony Murder thing is new to me...didn't realize most states have it now...I'm trying to make sure I'm making sense!!! I do have confidence in JM, but this trial has my nerves on end!
:banghead:

A lot of DP cases are actually based on Felony Murder and not Pre-Meditated Murder from what I know just about my local area. If you kill a cop, you get Murder 1 and often the DP, but that is clearly not pre-meditated. Similar to if you commit an armed robbery and kill someone in the process. Most of the cases I've heard about that result in the DP are Felony Murder.

Obviously I don't know the statistics and what percent fall into each category, but just based on local happenings (living in a big city), I would think most Murder 1 convictions are not of the pre-meditation variety.

I'm hoping Mr. Martinez proves enough of the lingering questions about pre-med out there in the next week so hopefully there won't be any confusion or any wiggle room. :)
 
Something else which may make life a little difficult for Jodi on Death Row .. one of her new friends there is a radical racist .. has an issue with Mexicans, doesn't care if they're second generation either ..

Murders of Raul and Brisenia Flores - Wikipedia, the free encyclopedia

She was a member of the Minuteman Civil Defence Corps:



They asked her to leave however because she was too 'unstable' ..

Interesting times ahead for Jodi on Death Row.

:please: that would be so amazingly karmic! Thanks for the info...!
 
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