*graphic and adult content* Jodi Arias Trial discussion #6

[Madeleine74]

I keep having to remind myself that this trial is not about guilt, but about whether Jodi murdered Travis in self defense or with malice!

Choices the jury will have to decide

- self defense (then she'll be acquitted) or

- 2nd degree murder or

- 1st degree murder (this involves premeditation).

Then, if the jury decides 1st degree murder they will move into a new phase where the jury decides "life" or "death" as the penalty, based on mitigating vs. aggravating factors.

 

[manzana]

I don't quite see how he is blowing it??? The PA is laying the foundation for the camera and they have just gotten to the part where the actual camera was introduced.

How is he blowing it?

Let me explain, the forensics guy really did not know what he was talking about, I picked up on this early even before I give the example, I could tell he really was not that knowledgeable.

Juan tried to steer him but was difficult. Here is where he gave an answer and was completely wrong, When talking about an OS operating system he said when an item is deleted, it remains there until it is over written. This simply is not true. IF it was and somebody was to never write over that area, said item would be able to be found at all times easily.

To simplify things, think of a hard drive/sd card/memory stick like a home with different areas. When something is deleted, it is moved to another location on the hard drive as in unallocated space like Juan mentioned. Clearly Juan was trying to lead him in the correct path. If items remained in the same location, they would not be lost/deleted. I could not believe when I heard him(forensics guy) say that.

 

[TigerBalm]

I keep having to remind myself that this trial is not about guilt, but about whether Jodi murdered Travis in self defense or with malice!

We are in the guilt phase of the trial, penalty phase comes after a conviction from the jury.

 

[Chowdahead]

Well they don't have mirrors in prison do they? lol

LOL, touche!

 

[Madeleine74]

Let me explain, the forensics guy really did not know what he was talking about, I picked up on this early even before I give the example, I could tell he really was not that knowledgeable.

Juan tried to steer him but was difficult. Here is where he gave an answer and was completely wrong, When talking about an OS operating system he said when an item is deleted, it remains there until it is over written. This simply is not true. IF it was and somebody was to never write over that area, said item would be able to be found at all times easily.

To simplify things, think of a hard drive/sd card/memory stick like a home with different areas. When something is deleted, it is moved to another location on the hard drive as in unallocated space like Juan mentioned. Clearly Juan was trying to lead him in the correct path. If items remained in the same location, they would not be lost/deleted. I could not believe when I heard him(forensics guy) say that.

I think you're getting more specific than the witness did. By saying "it remains there," obviously he is talking about the hard drive in general, not talking about specific sectors or unallocated space vs allocated space. The jury would likely have no clue about sectors of a hard drive, nor do they need to. The important point is deleted data that is not overwritten can be recovered with the proper tools. And after their lunch break we will learn what the forensic software (Encase) found on that hard drive.

 

[oceanblueeyes]

1st courtroom rule- never ask a question you don't already know the answer to.

I think he's doing an excellent job.


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Yes, I know but I have seen some slip up occasionally and get hit with an answer they didnt want but I dont see that happening with this Prosecutor.

imo

 

[nursebeeme]

I thought the PA was doing a great job trying to dumb down the info... the computer guy could have went on and on and confused the jury

 

[Isabelle]

Let me explain, the forensics guy really did not know what he was talking about, I picked up on this early even before I give the example, I could tell he really was not that knowledgeable.

Juan tried to steer him but was difficult. Here is where he gave an answer and was completely wrong, When talking about an OS operating system he said when an item is deleted, it remains there until it is over written. This simply is not true. IF it was and somebody was to never write over that area, said item would be able to be found at all times easily.

To simplify things, think of a hard drive/sd card/memory stick like a home with different areas. When something is deleted, it is moved to another location on the hard drive as in unallocated space like Juan mentioned. Clearly Juan was trying to lead him in the correct path. If items remained in the same location, they would not be lost/deleted. I could not believe when I heard him(forensics guy) say that.

I think he was trying to make it simple for the jury. In the end, the material was NOT deleted completely and could be retrieved and this is what counts.

 

[oceanblueeyes]

I think you're getting more specific than the witness did. By saying "it remains there," obviously he is talking about the hard drive in general, not talking about specific sectors or unallocated space vs allocated space. The jury would likely have no clue about sectors of a hard drive, nor do they need to. The important point is deleted data that is not overwritten can be recovered with the proper tools. And after their lunch break we will learn what the forensic software (Encase) found on that hard drive.

Thats how I interpreted it as well Madeleine.

We have already heard this in other trials we have watched.

IMO

 

[oceanblueeyes]

I think he was trying to make it simple for the jury. In the end, the material was NOT deleted completely and could be retrieved and this is what counts.

Exactly.

That is the main point and I have no doubt the jury got it. Making it too technical can confuse a jury.

IMO

 

[Isabelle]

TH is saying stuff the the effect that Mimi Hall was untruthful!

 

[chakti]

TH is saying stuff the the effect that Mimi Hall was untruthful!

What ?

 

[Jax49]

I thought the data remained in the same place until overwritten -- only the pointer to the data is deleted. And, nothing is moved.

Someone please correct me if I'm wrong.

 

[nursebeeme]

TH is saying stuff the the effect that Mimi Hall was untruthful!

Isabelle, who is TH? (mimi hall was the girl he dated, right? the one that was to go on the trip with him?)

 

[Chanler]

Exactly.

That is the main point and I have no doubt the jury got it. Making it too technical can confuse a jury.

IMO

Hi, OceanBlueEyes. I think that your point is very well-taken. I remember expert testimony during the O.J. Simpson that was so intricate that journalists noted that jurors seemed to be doodling as it proceeded.

 

[oceanblueeyes]

I don't quite see how he is blowing it??? The PA is laying the foundation for the camera and they have just gotten to the part where the actual camera was introduced.

How is he blowing it?

Imo he isnt blowing it whatsoever. The jury understands that the photos were still there and retrievable. That is really the main point and that was made crystal clear. He is just verifying that they were found.........like you said laying a foundation for the camera evidence to come in.

Making it so techinical would be the worst thing that he could do or the forensic computer expert for that matter. Now Im sure there will be some on there that will already knows this and if the others have questions it can be answered by one of the jurors in the jury room.

Imo Juan has not blown anything except he is blowing JAs self defense claims apart.

IMO

 

[manzana]

"it remains there," obviously he is talking about the hard drive in general,

No he was not, go back and re-listen to the testimony.

Actually I am not getting too specific, that is precisely what he meant, I understand about not confusing the jury BUT the forensics guy did state that the item remains in the same location until it is overwritten, that is why Juan spent so much time getting him to address unallocated space. It is not hard to find anything on a hard drive, actually really simple by even doing a *.jpg *.jpeg *. whatever file extension will pull up all those files which brings us back to why was she so stoopid as to not remove the memory stick

 

[oceanblueeyes]

TH is saying stuff the the effect that Mimi Hall was untruthful!

About what?

 

[nursebeeme]

but the witness DID mention the unallocated space?

(transcript is up in the timeline thread)

 

[manzana]

Imo Juan has not blown anything except he is blowing JAs self defense claims apart.

IMO

Sorry for the confusion, Juan is not blowing it nor did I imply that, actually the opposite, Juan did good trying to overcome the forensic guy