Jodi Arias Legal Question and Answer Thread *no discussion* #2

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Probably not the most interesting question :thinking: but, why is it that CMJA is allowed to wear normal clothing rather than her jail stripes? Are the jury members to sweep aside the fact that she is convicted of a brutal murder and give her a "lighter" sentence because she is wearing "nice clothes?" :banghead: Thank you in advance!!

No, they are supposed to not think anything one way or the other if she's in normal clothes. If she's in stripes, the theory is that they might see her as a generic "criminal type" and not really listen to the evidence about her individual traits.

AZlawyer,
can the Court of Appeals issues decision regarding Nurmis arguments about releasing the identity of secret witness and releasing the transcript of her testimony without a hearing and just publish it to the attorneys and media? Seems that would be easiest since they have arguments from Nurmi and Martinez before them. Why wait until the 24th?

I think it was the 25th, but I'm just going from memory.

They don't have to listen to additional argument if they don't need to, but either way they wouldn't consider the case before the 25th, because they have other cases on their schedule before then.
 
Why is the testimony about the masturbation by T A of pics of young boys allowed? It is JA's version (lie) with nothing to back it up. Travis is the victim. He is dead. Why can these kinds of things be said about him without any proof? Shouldn't the judge insist on some proof before someone's reputation is muddied especially if they are dead and cannot defend themselves? I am very angry!


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Why is the testimony about the masturbation by T A of pics of young boys allowed? It is JA's version (lie) with nothing to back it up. Travis is the victim. He is dead. Why can these kinds of things be said about him without any proof? Shouldn't the judge insist on some proof before someone's reputation is muddied especially if they are dead and cannot defend themselves? I am very angry!


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Testimony counts as evidence. So the fact that JA said this under oath makes it evidence (proof). The judge has no authority to insist on extra proof before this testimony can be asserted.

It is also disgusting and prejudicial to the victim (and therefore to the prosecution). Therefore, at least in the guilt phase, when there are more rules of evidence, it could have been excluded if it weren't particularly relevant to JA's defense. But JA very carefully made this specific "event" the "turning point" in her entire relationship with Travis. So the judge IMO might well have been reversed on appeal if she had excluded this evidence.

I know how frustrating this is.
 
I think it was Steve44 who said on another thread that the jurors should be told certain things before the trial started. Here are a couple of instructions that this jury has already received that might make you all feel better about Dr. F's testimony. :)

Red by me.

Preliminary Criminal 10 − Credibility of Witnesses
In deciding the facts of this case, you should consider what testimony to accept, and
what to reject. You may accept everything a witness says, or part of it, or none of it.
In evaluating testimony, you should use the tests for accuracy and truthfulness that
people use in determining matters of importance in everyday life, including such factors as:
the witness’s ability to see or hear or know the things the witness testified to; the quality of
the witness’s memory; the witness’s manner while testifying; whether the witness has any
motive, bias, or prejudice
; whether the witness is contradicted by anything the witness said
or wrote before trial, or by other evidence; and the reasonableness of the witness’s testimony
when considered in the light of the other evidence.
Consider all of the evidence in light of reason, common sense, and experience.

Preliminary Criminal 11 − Expert Witness
A witness qualified as an expert by education or experience may state opinions on
matters in that witness’s field of expertise, and may also state reasons for those opinions.
Expert opinion testimony should be judged just as any other testimony. You are not
bound by it. You may accept it or reject it, in whole or in part, and you should give it as
much credibility and weight as you think it deserves
, considering the witness’s qualifications
and experience, the reasons given for the opinions, and all the other evidence in the case.
 
I posted this in another thread but would like to hear an attorney's opinion:

I have been wondering why Juan Martinez does not call Chris and/or Sky Hughes to testify.

When Chis Hughes was on Tricia's True Crime show in May '13, he said that that when he got back from Cancun he called TA's webmaster and got TA's pass codes for his email, blog and Google Chat. He said he and Sky read everything. Now there is an issue with files possibly being erased on the computer. Since CH accessed TA's computer I wonder if he would come under suspicion for possibly deleting files.
 
I posted this in another thread but would like to hear an attorney's opinion:

I have been wondering why Juan Martinez does not call Chris and/or Sky Hughes to testify.

When Chis Hughes was on Tricia's True Crime show in May '13, he said that that when he got back from Cancun he called TA's webmaster and got TA's pass codes for his email, blog and Google Chat. He said he and Sky read everything. Now there is an issue with files possibly being erased on the computer. Since CH accessed TA's computer I wonder if he would come under suspicion for possibly deleting files.

No, he wouldn't be under any suspicion. The defense team says the files were deleted in 2009, long after the computer had been seized as evidence. And I don't recall hearing that CH ever accessed TA's computer, just various Internet accounts.

My suspicion is that JM may not call them to testify because the issue of what they meant by their emails to Travis is pretty trivial. It really doesn't matter whether or not TA's friends thought it was abusive for him to act like a "player." Calling them to testify might give the jury the impression that the issue is important.
 
AZ, I am wondering what is your take on today's hearing about the computer and the "deletion of files". Should we be worried about this upsetting the entire case including the conviction?
 
Testimony counts as evidence. So the fact that JA said this under oath makes it evidence (proof). The judge has no authority to insist on extra proof before this testimony can be asserted.

It is also disgusting and prejudicial to the victim (and therefore to the prosecution). Therefore, at least in the guilt phase, when there are more rules of evidence, it could have been excluded if it weren't particularly relevant to JA's defense. But JA very carefully made this specific "event" the "turning point" in her entire relationship with Travis. So the judge IMO might well have been reversed on appeal if she had excluded this evidence.

I know how frustrating this is.

Frustrating is so true. My question is: can the Prosecution refute this on rebuttal or bring up anything to cast doubt in the jury's minds of the truth of the allegation?
Thanks
 
AZ, I am wondering what is your take on today's hearing about the computer and the "deletion of files". Should we be worried about this upsetting the entire case including the conviction?

Thus far, I'm not too worried. The 2008 "incident" was that someone opened the "sleeping" computer before the police came to execute the search warrant and then someone (the police?) turned it off, or it ran out of battery power (because the police unplugged it to take it to the station?), or whatever, 45 minutes later. No misconduct there despite whatever BN thinks would have been the perfect protocols to follow.

The 2009 "incident" was that Juan might have pressed "yes" on an ITunes update in full view of the defense team for no apparent reason? Which I doubt, but still, no misconduct considering that a mirror image had been made of the drive in 2008.

And I haven't heard anything yet about child *advertiser censored*. So...let's wait til Monday and see what else they have.

ETA: Not Monday, sorry. December something.

Frustrating is so true. My question is: can the Prosecution refute this on rebuttal or bring up anything to cast doubt in the jury's minds of the truth of the allegation?
Thanks

Of course! And in cross! :)
 
If the Dt mirror copy is different than the States would this be inadmissible ?

If the DT copy is invalid can the court bring sanctions on the DT for the motion against the State tampering with the computer?

In the DT motion it said nothing about other devises being altered why did Wilmont bring those item up in hearing?
 
If the Dt mirror copy is different than the States would this be inadmissible ?

If the DT copy is invalid can the court bring sanctions on the DT for the motion against the State tampering with the computer?

In the DT motion it said nothing about other devises being altered why did Wilmont bring those item up in hearing?

I'm not sure what you're asking about admissibility or if the copy is "invalid." If the new mirror copy turned over by the defense next week does not reflect the things the defense has been saying, then the defense team could be sanctioned, although why bother is my reaction. Just deny the dang motion and get done with this trial.

IMO Jen brought up the other devices in order to suggest that the police and prosecutors just generally went around destroying whatever they could willy-nilly. It was a poor strategy IMO if she had nothing to back it up.
 
AZLawyer..thanks for your patience with all of us! I have watched a lot of trials and have never seen the kind of behavior by both witnesses (Dr F and ALV) and attorneys. Since this is the lay person's only view of a courtroom don't you think JSS should do a better job of controlling her courtroom. Will her supervisor advise her? I think most of the law professionals in AZ are embarrassed?


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AZLawyer..thanks for your patience with all of us! I have watched a lot of trials and have never seen the kind of behavior by both witnesses (Dr F and ALV) and attorneys. Since this is the lay person's only view of a courtroom don't you think JSS should do a better job of controlling her courtroom. Will her supervisor advise her? I think most of the law professionals in AZ are embarrassed?


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I agree that she should insist that the witnesses and attorneys show proper respect for the court. I doubt that the Presiding Judge will get involved unless she asks for advice, though--it's not really a "boss/employee" relationship.
 
In light of today's ruling barring the secret testimony, what happens in regards to the 1/2 day of testimony in the closed room. Is she called back to the stand so Martinez can cross examine her, and that would be public? Or would her entire testimony be ordered stricken and the jury told to disregard it?

Related question: do you think she'll go back on the stand to finish her testimony? It seems to me she almost has to, in this situation, to plead for her life....
 
In light of today's ruling barring the secret testimony, what happens in regards to the 1/2 day of testimony in the closed room. Is she called back to the stand so Martinez can cross examine her, and that would be public? Or would her entire testimony be ordered stricken and the jury told to disregard it?

Related question: do you think she'll go back on the stand to finish her testimony? It seems to me she almost has to, in this situation, to plead for her life....

I was just recently notified of this COA decision as i am AFK pretty much . I too would like the answer to this. Has this question been posted on the lawyer thread?

I'm sneaking a peek right now so i will look at the lawyer thread later.

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Happy Thanksgiving Everyone!

Aloha AZ, JSS has now been overruled by the COA .... will this go on her record as a negative? ..... What happens when a judge is overruled anything?
 
In light of today's ruling barring the secret testimony, what happens in regards to the 1/2 day of testimony in the closed room. Is she called back to the stand so Martinez can cross examine her, and that would be public? Or would her entire testimony be ordered stricken and the jury told to disregard it?

Related question: do you think she'll go back on the stand to finish her testimony? It seems to me she almost has to, in this situation, to plead for her life....

If JM agreed to have her testimony stricken, that might happen, but I think he'd rather cross-examine her, and IMO he has the right to do so.

Happy Thanksgiving Everyone!

Aloha AZ, JSS has now been overruled by the COA .... will this go on her record as a negative? ..... What happens when a judge is overruled anything?

Some of the judges care about their percentage of success on appeal, and they think other people care, but no one does. :)
 
Any idea what this would be about? It is sealed.

12/9/2014 SDO - Order to Seal Documents - Party (001) 12/12/2014 NOTE: NOTICE OF SELF DISCLOSURE
 
Any idea what this would be about? It is sealed.

12/9/2014 SDO - Order to Seal Documents - Party (001) 12/12/2014 NOTE: NOTICE OF SELF DISCLOSURE

Weird. The only time I've seen anything with that title has been when someone discloses to a governmental agency or law enforcement that they have violated some rule/law. The idea is to try to get a lighter penalty by saying I'm sorry, I didn't understand the regulations, etc. But that kind of document would never be filed with a court.
 
In the penalty phase, is there any such thing as prejudicial evidence for the State? In other words, are there limits on what the State can present to counter the mitigating factors argued by the defense?

From my brief research, what I am finding is case law addressing defense failures to present evidence in mitigation which may or may not have been prejudicial. I am finding nothing regarding the State side of things.

TIA
 

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