Interim discussion regarding questions from the jury and Arias on the stand #82

[twirlin]

I wonder if the prosecution has evidence one way or the other on this Victor Arias. Maybe he is fictitious. As you, if JA says it, I question it.

I very much question the existence of a Victor Arias. One story, and one
trip too many! So many trips, soooooo many stories!

 

[carole]

Not only due to Sarbanes-Oxley requirements, but for large public companies...they have them! Easy! The only question is how quickly they can be retrieved. But betting dollars to donuts, LE has given the company corporate attys a heads up on this before today. But since was not in evidence, or possession, did not have to share with defense...and let Jodi walk right into the Juanderful trap that was set.


Yep Jodi, you were given rope to hang yourself, and glad we all could depend on you to take the bait!

Walmart/all such businesses must have to keep all their records for taxes for years, too.

 

[ron351ne]

While reading everyone's comments, something else occurred to me. If JA said Travis wanted tasteful above the waist shower photos, how does she explain that he sat (who does that) on the floor of the shower for a picture that is definitely not just above his waist?
IMO she said she was squatting by the shower while taking photos to explain why the picture of him sitting exists. It doesn't make sense to me.

When questioned about this photo she stated it was taken unintentionally, but JM hammered away the fact that it couldn’t of been unintentional or it would have been blurred etc.……

 

[AngelWings444]

The lastest update to the court doc reads like this. Party (001) is the State.

3/12/2013 005 - ME: Hearing - Party (001) 3/12/2013
3/12/2013 MOT - Motion - Party (001) 3/12/2013
NOTE: TO COMPEL; BUSINESS RECORDS FROM WAL-MART AND TESORO
3/12/2013 MOT - Motion - Party (001) 3/12/2013
NOTE: TO COMPEL CRIMINAL HISTORY OF TRAVIS ALEXANDER
3/11/2013 012 - ME: Trial - Party (001) 3/11/2013
3/8/2013 012 - ME: Trial - Party (001) 3/8/2013
3/8/2013 012 - ME: Trial - Party (001) 3/8/2013
3/8/2013 LOW - List Of Witnesses/Exhibit/Evidence - Party (001) 3/8/2013
NOTE: STATES FOURTEENTH SUPPLEMENTAL
3/6/2013 012 - ME: Trial - Party (001) 3/6/2013
3/5/2013 012 - ME: Trial - Party (001)

http://www.superiorcourt.maricopa.g...rtCases/caseInfo.asp?caseNumber=CR2008-031021

So...does this mean the State filed the Motion to Compel; Business Records from Walmart and Tesoro? Interesting, if that's the case. I'll save my Woo Hoo's until we get the answer.

 

[Plumeria5]

You just can't make this stuff up!

 

[atthelake]

The OP was that Juan filed a motion for the records. Your post said "why wasn't this already done." That's why I jumped off it.

The minute entry has already been posted and is readily available on the public website. It doesn't indicate who filed the motion.

Actually it does, you just need to know how to interpret it. The 01 is indeed the state. I just posted above a repost. Looks like a hearing also occurred?

 

[twirlin]

Matt McCartney [COMMENT RE-POST]
Here’s another interesting post from Matt McCartney - detailing his 2 year relationship with Jodi – originally posted Jan 3rd 2013:

Take a look at her permanently deformed hand, where he broke her finger in one of his many angry outbursts.
Q. Why wasn’t it set?
A. She didn’t go to the hospital that’s why. She was protecting him.
Q. Why didn’t she go to the hospital???
A. Because a report would be made that could lead back to him and he knew it.
Jodi is an artist. Her hands are a critical element in her life. Not only is she a photographer, she is also a painter.
I personally witnessed the purple finger shaped bruises on her neck. She originally claimed was from a seat belt. Later, after much debate, she admitted they were from him. She assured me that: “He is a good man” and “He didn’t mean it”.
In one of our many conversations, I asked her why she wouldn’t “Just leave him.”
She said: “I can’t leave him, you don’t understand, I’ve tried. He wont let me!” She refused to elaborate.
I was Jodi’s boyfriend for around two years and in that time, she wouldn’t so much as squish a bug. I caught her on many occasions, fishing bugs out of the tub, so they wouldn’t get washed down the drain. She had this crazy neurotic cat, that would flip out and attack her for no reason and she didn’t so much as swat it. Jodi is NOT a violent person!
When we ended our relationship, I was living and working at a distance. During that period, I began spending time with a colleague. One of my douche bag coworkers decided to “inform” her. There was lots of crying, many talks and a few letters. She was NEVER VIOLENT in any way. We remained friends and since then, she had a few other relationships ending with Travis. I personally know the man she was with before Travis. He and Jodi maintained a friendly relationship after they parted. He also had NO issues with violence. So why now? What changed?
Before Jodi was arrested we would talk on a regular basis. I am one of her longest lasting friends and former lovers. I could be a important character witness. At one point, I asked Jodi to leave me out of this situation, so as not draw attention to myself or my new family and since then, she has.
Her life is on the line. She could get the death penalty. Yet she’s made it a point not to involve me.
Why? Because I asked her not to….
That is the kind of person Jodi is!”

IF IT'S NOT OK TO HAVE POSTED THIS, WOULD A MOD PLEASE REMOVE IT.

I so not believe that Matt McCartney posted this.
I think someone wrote it in his name, especially if it is on the "site" not to
be trusted.

 

[AngelWings444]

You just can't make this stuff up!

If the defense reads here as reported by others, one would think someone would tell Nurmi to stop picking his nose! So disgusting. uke:

 

[Karmady]

Actually it does, you just need to know how to interpret it. The 01 is indeed the state. I just posted above a repost. Looks like a hearing also occurred?

OO1 is not the state. Look at the following minute entries for defendant's motions:

12/9/2012 MOT - Motion - Party (001) 12/10/2012
NOTE: DEFENDANTS MOTION TO PRECLUDE STATE FROM ADMITTING OR PUBLISHING MS. ARIAS' PRIOR INTERVIEWS

11/27/2012 MOT - Motion - Party (001) 11/27/2012
NOTE: DEFENDANTS MOTION TO PRECLUDE STATE FROM ARGUING THAT MS. ARIAS HAD A DUTY TO RETREAT

11/1/2012 MTD - Motion To Dismiss - Party (001) 11/2/2012
NOTE: DEFENDANTS RENEWED/ AND/OR IN THE ALTERNATIVE TO DISMISS THE STATE’S NOTICE OF INTENT TO SEEK THE DEATH PENALTY DUE TO CONTINUED BRADY VIOLATIONS AND CONTINUED PROSECUTORIAL MISCONDUCT

And no hearing has occurred. The ME most recently entered was for the last trial day. Scroll to the bottom of the docket and you'll see that there were no hearings since February.

 

[Dr. Know?]

So...does this mean the State filed the Motion to Compel; Business Records from Walmart and Tesoro? Interesting, if that's the case. I'll save my Woo Hoo's until we get the answer.

I felt pretty confident when I posted the link & info but asked in the Lawyer Q&A to make sure. It shows the State as being party 1, Jodi party 2 & 3 the mitigation specialist. So yes, I'm holding my woo hoo's too.

 

[atthelake]

Minor4th is thee go to person to ask to repost the gas calculations again tomorrow as she had a couple of updates from her original one.

HTH

 

[minor4th]

Has anyone seen the motion? Seems like peeps are assuming it's the State's motion. But it seems like it would be the defense motion to compel production of Tesoro and Walmart records already in the State's possession. I can't tell from the minute entry.

That's actually a good point. It wouldn't be a motion to compel the documents from the state's possession, but it could be the defense's motion for an order compelling the records from Walmart and Tesoro. If Jodi is telling the truth about the gas can, then I could see her lawyers wanting to compel those records to prove it in light of Juan's implications.

We shall see ...

 

[AngelWings444]

Well, both Walmart in Salinas and Tesoro in Utah would be beyond the reach of the prosecutor's subpoena power, so even if he sent them a subpoena they would not have to comply.

Also, in some states, attorneys cannot just issue a subpoena to a non-party without a court order, so this may also just be the normal procedural way to go about getting business records from a non-party.

:bump: Bumping this up. Maybe this is why it's taken so long. Now, who filed the motion? Thanks Minor4th!

 

[atthelake]

I very much question the existence of a Victor Arias. One story, and one
trip too many! So many trips, soooooo many stories!

:wagon: :welcome:

 

[neesaki]

She needed the 3 cans to have enough gas to get in/out of AZ without having to stop. 10g was not enough. Another poster did the math and can hopefully repost.

Ah, I see. So why would she decide to then return the can? It makes no sense. So maybe she didn't. Of course it makes no sense to drive all the way to DB's from Yreka and borrow two gas cans either. Regardless of what her excuses were for going there, and they are all BS anyway. Then to fill up the cans with the expensive gas that she was claiming to be trying to avoid.

She lies, then lies to cover her lies. It's a perpetual lie fest with her. No wonder she's so awkward and wooden. She has no sense of reality anymore. She's like a mannequin. She's no longer real.

 

[polleypockets]

Has anyone seen the motion? Seems like peeps are assuming it's the State's motion. But it seems like it would be the defense motion to compel production of Tesoro and Walmart records already in the State's possession. I can't tell from the minute entry.

ty!! they are assuming it is state because the report says party 001 - but if you look at the entire report, every party on every process from day 1 on jodis court travelings is party 001 - they don't know who or where untill they have the minutes or the actual papers from court - they need to be more responsible - like posting the arrest record b4 they checked to see if it was true or not

 

[Karmady]

That's actually a good point. It wouldn't be a motion to compel the documents from the state's possession, but it could be the defense's motion for an order compelling the records from Walmart and Tesoro. If Jodi is telling the truth about the gas can, then I could see her lawyers wanting to compel those records to prove it in light of Juan's implications.

We shall see ...

Appreciate your input minor4th. Question. Why/how do you think the defense (assuming the defense is the movant) has filed a motion to compel directly against Walmart and Tesoro? Based on the failure to satisfactorily respond to a prior subpoena? Can they file a motion to compel against a non-party without having served a subpoena first? And would they wait to do it until now?

:/

 

[AuburnSchnauzer]

I wonder if the prosecution has evidence one way or the other on this Victor Arias. Maybe he is fictitious. As you, if JA says it, I question it.

Woo! Neesaki ! Last time I saw you was in 2011 - I'm Back !!! :what: I love all these new emoticons y'all have.....:great:

 

[minor4th]

Appreciate your input minor4th. Question. Why/how do you think the defense (assuming the defense is the movant) has filed a motion to compel directly against Walmart and Tesoro? Based on the failure to satisfactorily respond to a prior subpoena? Can they file a motion to compel against a non-party without having served a subpoena first? And would they wait to do it until now?

:/

I think they might have to get a court order to subpoena a non-party. Whether the state or defense is the movant, there really would be no reason to get these records before now because no one knew this was going to be an issue until Jodi's testimony about the third gas can.

 

[molly333]

Ah, I see. So why would she decide to then return the can? It makes no sense. So maybe she didn't. Of course it makes no sense to drive all the way to DB's from Yreka and borrow two gas cans either. Regardless of what her excuses were for going there, and they are all BS anyway. Then to fill up the cans with the expensive gas that she was claiming to be trying to avoid.

She lies, then lies to cover her lies. It's a perpetual lie fest with her. No wonder she's so awkward and wooden. She has no sense of reality anymore. She's like a mannequin. She's no longer real.

I have two questions:

1. Why did she borrow the cans from Daryl instead of just going out and buying 3 cans with cash and throwing away the receipt? Would she think it looked more innocent to borrow two cans and buy one?


2. How did the State originally find out she had borrowed the cans from Daryl?