Jodi Arias Legal Question and Answer Thread *no discussion*

[cosmos]

This may be a bit of a stretch, but can Donavan Bering be accused of identity theft for posing as Jodi Arias in an attempt to gain money and fame, or whatever the heck else she is getting from this? If in fact she has Jodi's permission to pose as her, could Jodi be interrogated to confirm this? Could there be a gag order to stop her from continuing to post tweets as Jodi?

 

[AZlawyer]

This may be a bit of a stretch, but can Donavan Bering be accused of identity theft for posing as Jodi Arias in an attempt to gain money and fame, or whatever the heck else she is getting from this? If in fact she has Jodi's permission to pose as her, could Jodi be interrogated to confirm this? Could there be a gag order to stop her from continuing to post tweets as Jodi?

No, it is not identity theft if Jodi authorized it. Which I would bet a lot of money she did.

There is nothing legally wrong with Jodi doing this, so I can't imagine why she would be questioned about it or ordered not to do it. On the other hand, I can't imagine why all the sidebars have been sealed, either.

 

[Angelina Frost]

Question for any of our esteemed professionals-

Do you think Judge Stephens should be doing more to shut down ALV's continuous extrapolation and non-responsive answers?

TIA.

 

[AZlawyer]

Question for any of our esteemed professionals-

Do you think Judge Stephens should be doing more to shut down ALV's continuous extrapolation and non-responsive answers?

TIA.

Probably, in the interest of time. She was shutting her down more during the jury questions.

 

[AngelWings444]

First off, I love the jury system in Arizona! Wow.

Does the jurors ability to ask questions lead to more plea bargains? I would think it would give a clear indication of which way a jury was leaning?

Also, do you think, give the questions about Travis's personal life, family, upbringing, Juan will call friends and family to the stand during rebuttal? Character type testimony?

 

[AZlawyer]

First off, I love the jury system in Arizona! Wow.

Does the jurors ability to ask questions lead to more plea bargains? I would think it would give a clear indication of which way a jury was leaning?

Also, do you think, give the questions about Travis's personal life, family, upbringing, Juan will call friends and family to the stand during rebuttal? Character type testimony?

I bet it does lead to more plea deals, but I haven't seen any data on that.

Yes, Juan will rebut the "evidence" that Travis was a horrible violent person. I hope. lease:

 

[Dewey2Me1MoThyme]

Is MM on either teams potential witness list, and can he still be called by either side?

 

[Kel2000]

I apologize if this has been asked before...I've noticed that Jodi has been doing a lot of writing in a notebook throughout the trial (additional manifesto material perhaps?) and has also been writing back and forth with Wilmott. Is all of the information she is generating covered under something like attorney-client privilege or is any of that info producible to the State if they were to ask for it or open to jail personnel for examination?

 

[Love Never Fails]

I keep reading posts on the other threads at WS that it is "confirmed" that Sky and Chris Hughes or Matt McCartney will (or will not) be on prosecution rebuttal list. Has the prosecutor issued an official list? How is the sleuther "confirming" the claims? Thank you.

 

[ClosArgs]

I read that lawyers are not allowed to coach their witnesses. But they have to somehow prepare their witnesses for testimony. How fine of a line is it between trial prep and coaching. Are there any firm dos and don'ts?

 

[gitana1]

I read that lawyers are not allowed to coach their witnesses. But they have to somehow prepare their witnesses for testimony. How fine of a line is it between trial prep and coaching. Are there any firm dos and don'ts?

You can prep a witness as far as demeanor and preparing them for cross. You just can't tell them what to say. You can let them know that their phrasing or tone could be interpreted in a way they don't want.

I will practice questions with mine - cross them do they know what it will be like. I tell them exactly how to dress and how to not get frazzled or defensive. Someone should have done that more with Laviolette.

 

[gitana1]

I keep reading posts on the other threads at WS that it is "confirmed" that Sky and Chris Hughes or Matt McCartney will (or will not) be on prosecution rebuttal list. Has the prosecutor issued an official list? How is the sleuther "confirming" the claims? Thank you.

I think it's based either on media reports or on firsthand insider court info. I'm not sure. But anyone can order a copy of the witness lists and I wish someone would do it already. That's valuable info and we have several locals who could easily pick up a copy.

 

[gitana1]

I apologize if this has been asked before...I've noticed that Jodi has been doing a lot of writing in a notebook throughout the trial (additional manifesto material perhaps?) and has also been writing back and forth with Wilmott. Is all of the information she is generating covered under something like attorney-client privilege or is any of that info producible to the State if they were to ask for it or open to jail personnel for examination?

Private journals are discoverable. What she and her attorney write to on another is 100% privileged info.

 

[lisalove]

At the end of court today the judge announced they were going to be addressing an issue involving laviolette on the record Monday. could this be about alv approaching Travis' sister? What would be the point of putting it on the record?

 

[VictimsSide]

If Ms. ALV is found to have lied on her CV, misrepresented her testimony on her previous testimony experiences and so on, would this finally be the issue that just might give Nurmi grounds for a mis-trial???

 

[katiewonders]

Please reference the video posted below by Candy_Pickletoes, and assume the hypothetical that this is your expert witness. Would the Judge's reaction as seen on the video cause your stomach to fall? Hypothetically, would you have thought, "Oh, crap"?


Originally Posted by Candy_Pickletoes View Post
OMG, starting at 0.49 of the link, watch the judge very closely after Alyce says "I'm not sure how else to answer that".

https://www.youtube.com/watch?v=-jGd...oGrg-EhoRxhtTA

ETA: Make the video full screen to get the full effect.

 

[SCSam]

Not being knowledgeable in the legal arena, I wondered if JM has moved to have ALV's testimony stricken.. if that can even be done at this stage

 

[SCSam]

Please reference the video posted below by Candy_Pickletoes, and assume the hypothetical that this is your expert witness. Would the Judge's reaction as seen on the video cause your stomach to fall? Hypothetically, would you have thought, "Oh, crap"?


Originally Posted by Candy_Pickletoes View Post
OMG, starting at 0.49 of the link, watch the judge very closely after Alyce says "I'm not sure how else to answer that".

https://www.youtube.com/watch?v=-jGd...oGrg-EhoRxhtTA

ETA: Make the video full screen to get the full effect.

says VIDEO DOES NOT EXIST.. can you give me the gist of it?

 

[jabberwocky]

If an expert witness has committed perjury during a trial; what happens to their previous testimony? Is the jury told to disregard all the witness' testimony? Thanks in advance.

 

[francie]

If there were a gag order, I would assume that the media would have reported on that. I don't believe there is any such order in place. But in Arizona, I haven't noticed defense attorneys blabbering to media very much anyway.

There is nothing legally wrong with JA getting her little snide comments out through her friend, although I'm sure it's against her attorneys' advice.

Thanks, AZ~ I’m really surprised at defense staying mum when there’s no gag order, I’ve gotten so used to def. lawyers in big cases (Baez, Brodsky, Amendola, etc) having over the top media ‘events’ every day to explain how innocent & wonderful their clients are, smear the victims, etc. It’s such a relief to not have that going on here (esp. for TA’s family imo), Arizona lawyers clearly have more class.