Discussions on Formal Sentencing Hearing - Jodi Arias #12

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Newbsleuth said:
I think within the last couple of days, someone here posted a link to a site which discussed brain abnormalities. Certain sections aren't formed as in most people, pathways are off, and receptors are missing. So, whenever 28 kicks off, (or hopefully even sooner :clap:) the brain can be dissected and science will see the malformations. :crazy:
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I think we need to know sooner. For the safety of society, a lobotomy should be performed ASAP.
 
LinTX said:
Supposedly, the fund was set up in a way that would protect it from restitution b/c JA has no legal access to it. IIRC her Aunt Sue is named on it as trustee and the benefactor would be her legal defense team, I suppose. Not saying it cannot be investigated and claimed by the Alexanders, b/c I certainly think it should be, but just describing the issues.

BTW "Irrevocable" as a type of trust just means that the terms and conditions of it are not changeable after it is set up. Not an indication of whether or not they'll succeed in keeping the funds...
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Yes.

I looked up "irrevocable trusts" and basically 1) They're used to indemnify against anyone who reconsiders the money they have contributed. Those people are SOL. 2) They're primarily used as a tax shelter. 3) In this case, I don't see how anyone would be guaranteed that the money would be used SOLELY for appeals (there's the implication of broad discretion regarding usage of the funds). And 3) Despite the name, irrevocable trusts are not that hard to change (thus NOT irrevocable on the part of the parties who created them.

I'm not a lawyer nor an accountant, so I could be wrong. These are just the impressions I got from what I've read.
 
I bet you the murderer is having a difficult time adjusting to her new digs. At least, I hope so.
 
TexMex said:
Sky also says that when Chris and Travis earned the trip to Cancun Travis told them Jodi would be his guest. They were all upset but later Travis asked if the ticket could be changed. He was told to call Corporate. He did and since the tickets hadn't been bought it was no problem
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Oh wow. So maybe Cancun was the motive too.
 
GigiG said:
Yes.

I looked up "irrevocable trusts" and basically 1) They're used to indemnify against anyone who reconsiders the money they have contributed. Those people are SOL. 2) They're primarily used as a tax shelter. 3) In this case, I don't see how anyone would be guaranteed that the money would be used SOLELY for appeals (there's the implication of broad discretion regarding usage of the funds). And 3) Despite the name, irrevocable trusts are not that hard to change (thus NOT irrevocable on the part of the parties who created them.

I'm not a lawyer nor an accountant, so I could be wrong. These are just the impressions I got from what I've read.
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That is my understanding, too. As a tax shelter, they are often used for inheritance, protecting funds for minor children, etc. However, I don't think they can be used to deliberately avoid a court order, otherwise OJ would have tried this trick, as would several millions of other people. Jodi's funds are being used to overtly avoid restitution, as is obvious from the way they are being structured. There would almost assuredly be investigation into where these monies came from, because they may have come from Travis.

Jodi claims she is indigent. She can't claim she's indigent and have $53k in a trust......
 
Some interesting restitution details from the Perryville website https://corrections.az.gov/victim-faqs#restitution:

Restitution Lien - (ARS 13-806)

Victim files on their own. The victim becomes the lien holder and is responsible for releasing the lien once the restitution is paid in full. This is a civil judgment that can be filed against the inmate’s property or future property.

Criminal Restitution Order - (ARS 13-805)

The court typically files this automatically after an offender has finished his/her sentence and there is a remaining balance of restitution. The criminal restitution order not only acts against the inmate's property, but can intercept Arizona Income Tax refunds, lottery winnings, excess from trustee sales, and civil judgment awards. Under some circumstances, wages may also be garnished.

BBM. Even though the last paragraph refers to post-inmate status, I would venture to bet that the income sources mentioned here would also apply to resident inmates. And then, there's the first paragraph reference to "future property."
 
Here is what Sandy Arias (or someone more literate speaking her behalf) said about the trust:

Q: IS THE TRUST MONEY VULNERABLE TO CONFISCATION BY THE ALEXANDERS OR THE STATE?

A: No. The Alexander-family attorney has publicly announced to the media that the Alexanders will be suing Jodi. A wrongful-death lawsuit is a vehicle by which the Alexanders will seek to get as much money as they can from Jodi. The money in the Legal Defense Fund does not belong to Jodi. The trust is not in her name, she does not control it, and she does not have access to it.

In the state of Arizona, attorneys for the state may also try to take any money from Jodi. But again, the Legal Defense Fund does not contain any money belonging to her.

The trust was carefully structured so that the funds may only be distributed for the purposes for which it was created – legal defense and appellate costs. The money cannot be taken out for any other reason, including restitution.

----------------

That's a lot of verbiage basically saying that since it's not Jodi's money the Alexanders can't touch it. Aside from the evilness in denying them money they truly deserve, there's the doublespeak. Who determines what "legal defense and appellate costs" are? Jodi's family. Since they DO have access to those funds, it's a short hop-skip-and-a-jump to them taking out money and using it for whatever they want.
 
The funds will have to be used solely for the reason they are fundraising. To use them for any other reason is considered fraud. They say 'donate to the appellate fund'. It can't be used for any other purpose, not for travel, lodging, food, entertainment, clothes, mortgage, car leases... if senior Arias' benefit in any way from the funds in this, it's fraud.

However, if an attorney is less than ethical, they could funnel funds to the Arias through fraudulent billing. This would also be considered money laundering and would be prosecutable as well.

We can bet our sweet asses that anything pertaining to this family will be scrutinized since the IRS and presumably the FTB are aware of the situation. :D

Disclaimer: My opinions only. I am not a lawyer, but I slept in my own bed last night.
 
FelicityLemon said:
THAT is a fabulous idea! I can't begin to imagine all they discovered after the fact and would love to know what they think and feel about it, too. As a juror, I think I'd be furious to discover so many important facts were withheld. I'd feel angry that we weren't given all the tools needed to make an accurate decision.

I'm still curious as to what J17 in the second trial thinks after discoveries after the fact. Oh, wait. It's entirely probable she already knew.

My opinions.
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BBM~ Oh..Yeah Her! I forgot about her already!! :giggle:
 
ElleElle said:
Oh wow. So maybe Cancun was the motive too.
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in her ghoulish letter to the family, she refers to Cancun as a " trip of that magnitude". imo, the Cancun trip was another festering bee in her bonnet. she's lying when she says it wasn't.
 
When I looked up the prisoner data base and saw date of release LIFE, it really hit me like a ton of bricks. Finally this is over. No more make overs, and her chance of an appeal is none after her stupid statement of Travis being alive while she slit his throat. She really does not know when to shut up.
But knowing that is where she will die must be absolutely horrid.
I think the death penalty would be easier, than living in that hell hole for the rest of your life.
I think till the last minute of the trial she was in a delusional state and thought she would get life with parole.
I am sure she was not expecting this outcome.
And for some reason I believe it will be too much for her and she will end her life.
 
TexMex said:
Sky also says that when Chris and Travis earned the trip to Cancun Travis told them Jodi would be his guest. They were all upset but later Travis asked if the ticket could be changed. He was told to call Corporate. He did and since the tickets hadn't been bought it was no problem
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She came packed out. She said she had her backpack and a suitcase, her camera and laptop. She said Travis brought them before they went to bed that morning. So did Travis think she'd packed up and left only to come back and surprise him? Giving him that last chance? I think she only brought the backpack in - making Travis think it was just a quick stop and she'd be on her way.

She bought two two packs of facial cleanser, and two two packs of sunscreen, and that jumbo size of KY, and if all went according to plan, and Travis always taking her back, all she had to do was turn in the rental at a Budget in Mesa, and she was in Cancun with Travis. As vain as Jodi is she bought more than enough facial cleanser to get all that make up off, and enough sunscreen to keep you from not looking Hispanic.

Another thing Jodi said in her interrogation with Det. Flores and the ninjas was something about Travis saying she had clothes there but she didn't know if she did.
 
I too am of the opinion the killer will try to take her own life at some point. I think she was absolutely flabbergasted that she got LWOP, and the killer believed right until sentencing she would get a possibility of parole. Her booking photo reflects pure rage. I will bet that today she is still in denial, and is using these first few weeks to observe her surroundings and how to adapt to assure her survival. When reality sets in and she realizes she can't manipulate her situation in her favor, she will try and committ suicide in PV. After all "death is the ultimate freedom", to quote the murderess.
 
Chris Hughes ‏@cshughes 5h5 hours ago
Our book, #OurFriendTravis, in true #TravisAlexander fashion, is a #1 Best Seller on Amazon.... http://goo.gl/8qkJF3
 
salberg7 said:
I too am of the opinion the killer will try to take her own life at some point. I think she was absolutely flabbergasted that she got LWOP, and the killer believed right until sentencing she would get a possibility of parole. Her booking photo reflects pure rage. I will bet that today she is still in denial, and is using these first few weeks to observe her surroundings and how to adapt to assure her survival. When reality sets in and she realizes she can't manipulate her situation in her favor, she will try and committ suicide in PV. After all "death is the ultimate freedom", to quote the murderess.
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I think the ultimate "she can't manipulate her situation in her favor" has to be getting required to wear a ponytail, i.e. the one you see in the new mugshot. I'll bet the rage in that picture was the result of some tiny demand like a required hairstyle and a tiny demand that the pose conform to prison standards. I wonder if they had to get physical with her to make this happen.

I still say she's obsessed with her hair. we've never seen it in a ponytail, and BOOM! REQUIRED!
 
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