Jodi Arias Legal Question and Answer Thread *no discussion*

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I don't know how much more strongly I can assure everyone that Wilmott did not utter a profanity in the courtroom. She would pretty much have to be mentally ill to do such a thing because to do such s thing would ruin her reputation and in order to get to the level of being a death penalty trial attorney, the experience, the intense stress and frustration she would have gone through for years to get to that level, as a litigator, renders her fully incapable of losing it and having such an unprofessional slip of the tongue.

It just didn't happen. Oh, and I heard the audio in question.

Have another listen...

[video=youtube;G1zP8WS3Lfc]http://www.youtube.com/watch?annotation_id=annotation_801398&feature=iv&src_vid=En7UIKNzwg4&v=G1zP8WS3Lfc[/video]

Did Jodi Arias Attorney Call Witness A *****? - YouTube

Also you said it would ruin her reputation, etc. This was not intended for anyone to hear, she was saying it to herself and talking under her breath. I would agree with you if--she had said it out loud in some kind of confrontation. She said it to herself in my opinion because she was annoyed and didn't expect anyone to hear it.
 
If JA purposely makes herself sick (i.e. intentionally not eating, losing weight, etc.) so as to end up in the hospital, can the trial continue without her in the courtroom if there's a video link?
 
I don't know how much more strongly I can assure everyone that Wilmott did not utter a profanity in the courtroom. She would pretty much have to be mentally ill to do such a thing because to do such s thing would ruin her reputation and in order to get to the level of being a death penalty trial attorney, the experience, the intense stress and frustration she would have gone through for years to get to that level, as a litigator, renders her fully incapable of losing it and having such an unprofessional slip of the tongue.

It just didn't happen. Oh, and I heard the audio in question.


BBM Interesting that you mentioned the BBM part bc, IMO, on several occasions JW exhibits intense stress and frustration and she gets lost in questioning the witness's, her style of questioning and frequent giggles, making objections, arguing with the judge, stomping around in a child like tantrum and acting like an adolescent school girl when she's sitting at the DT table.

When JW examines a witness it's difficult to follow her bc she seems to lack an understanding or knowledge of the material she's referencing or quizzing them.

Should someone at this level of practice be demonstrating these sort of behaviors?
 
Can a trial continue without the presence of the defendant? Couldn't JA be returned to the jail and JW continued with her cross of Dr. D?

Jodi has a right to be present for the proceedings.

Have another listen...

http://www.youtube.com/watch?annota...&feature=iv&src_vid=En7UIKNzwg4&v=G1zP8WS3Lfc

Did Jodi Arias Attorney Call Witness A *****? - YouTube

Also you said it would ruin her reputation, etc. This was not intended for anyone to hear, she was saying it to herself and talking under her breath. I would agree with you if--she had said it out loud in some kind of confrontation. She said it to herself in my opinion because she was annoyed and didn't expect anyone to hear it.

Thank you so much for posting the link. I hadn't listened to the audio before and assumed that it really sounded like she said "bi*ch." Now I've listened, I realized that it doesn't even sound like that. The most you can say is that there might be a "tch" sound. Like "now which...." or "you betcha..."

There is NO. WAY. POSSIBLE. that Jennifer W said this even under her breath with her face a few feet away from the judge. Especially after the ALV "jerk" incident which I really DO think happened lol. ;)

If JA purposely makes herself sick (i.e. intentionally not eating, losing weight, etc.) so as to end up in the hospital, can the trial continue without her in the courtroom if there's a video link?

First of all, I don't know how we would know she was "purposely" making herself sick. There might be a lot of reasons for not eating Sheriff Joe's food. :) But no, the trial would not continue with a video link for her, because the point is not just for her to be able to SEE what's going on, but also to be able to HELP her counsel. The only possible way she'd be set up somewhere with a video link would be if she were engaging in EXTEMELY disruptive behavior--and in that case, the place she'd be put would be right next to the courtroom. And she'd probably be allowed to text her lawyers. ;)

BBM Interesting that you mentioned the BBM part bc, IMO, on several occasions JW exhibits intense stress and frustration and she gets lost in questioning the witness's, her style of questioning and frequent giggles, making objections, arguing with the judge, stomping around in a child like tantrum and acting like an adolescent school girl when she's sitting at the DT table.

When JW examines a witness it's difficult to follow her bc she seems to lack an understanding or knowledge of the material she's referencing or quizzing them.

Should someone at this level of practice be demonstrating these sort of behaviors?

JW does seem nervous considering her experience, but then I've never done a nationally televised trial. Maybe she just can't ignore the cameras. Maybe she's never done a death penalty case before. Maybe she's freaked out by sitting next to Jodi all day.
 
Why do Nurmi & Willmott have so many meetings in chambers with the judge before trial begins? Is it normal for a defense team to have so much time with the judge?
 
Thank you so much for posting the link. I hadn't listened to the audio before and assumed that it really sounded like she said "bi*ch." Now I've listened, I realized that it doesn't even sound like that. The most you can say is that there might be a "tch" sound. Like "now which...." or "you betcha..."

There is NO. WAY. POSSIBLE. that Jennifer W said this even under her breath with her face a few feet away from the judge. Especially after the ALV "jerk" incident which I really DO think happened lol. ;)

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

We'll have to agree to agree to disagree. People make mistakes and if she didn't mean to say it out loud it would not have been calculated or intended. Also---"betcha" is not an "itch" word. The words it could be be are "itch" and why would she say that, and that leaves us with "which", "witch" or "*****", I was pretty doubtful as first as well, but why would she use "which" if she is not talking or directing to anyone. Anyway, who knows.
 
What exactly does it take to be become a death penalty trial attorney? I certainly am not one with enough legal expertise to call into question JW's abilities (or to discount the hard work it sounds like it took for her to get to where she is) but I have to say there have been a few instances in this trial, such as this cross with JD, that she seems quite out of her depth.

Years of experience and countless trials. Very few criminal defense attorneys would consider litigating at that level without such experience because of the difficulty and complexity of such trials.

JW is not out of her depth. She just has nothing to work with.

Have another listen...

http://www.youtube.com/watch?annota...&feature=iv&src_vid=En7UIKNzwg4&v=G1zP8WS3Lfc

Did Jodi Arias Attorney Call Witness A *****? - YouTube

Also you said it would ruin her reputation, etc. This was not intended for anyone to hear, she was saying it to herself and talking under her breath. I would agree with you if--she had said it out loud in some kind of confrontation. She said it to herself in my opinion because she was annoyed and didn't expect anyone to hear it.

Yeah. No. Heard it and did not hear what you think you hear. That room is fully miked and she knows it. You can hear a mouse sneeze. Plus she was standing right in front of the judge. She didn't do it.
 
Why do Nurmi & Willmott have so many meetings in chambers with the judge before trial begins? Is it normal for a defense team to have so much time with the judge?

It's not usual. I think the fact that this is a high profile case involving intense media interest and public involvement has to do with all the chambers conferences.
 
No. I think the prosecutor agreed to the stipulation to avoid having the jury exposed to this whackadoodle testimony and spending hours in deliberations looking for chihuahuas in the eye reflection. There would be no appellate issue as the defense was fighting for the evidence to come in.

I understand Martinez won't be allowed to dispute that the defendant has no knife in her hands. But will he be allowed to ask the witness: "Does the pupil show whether or not the defendant is holding a knife in her pocket? on her waist? on her leg? in her mouth? anywhere else other than in her hands?" (Just in case there's 1 juror with iq below room temp)
 
If Dr. D got information from the interrogation tapes, has she been told ahead of time not to mention stalking or tire slashing as data points?
 
If Dr. D got information from the interrogation tapes, has she been told ahead of time not to mention stalking or tire slashing as data points?

She has almost certainly been told to avoid those topics by the prosecutor if indeed those topics are still off the table.
 
I understand Martinez won't be allowed to dispute that the defendant has no knife in her hands. But will he be allowed to ask the witness: "Does the pupil show whether or not the defendant is holding a knife in her pocket? on her waist? on her leg? in her mouth? anywhere else other than in her hands?" (Just in case there's 1 juror with iq below room temp)

I don't think this witness will be questioned by Juan, and I don't expect this issue to even be discussed again in this trial. There's really nothing in dispute here -- at one moment Jodi was taking pictures of Travis and within about 1-2 minutes she had shot him and stabbed him and cut his throat. Those facts are really not in dispute...obviously the gun and knife were somewhere close by for Jodi to use them so swiftly in such a short period of time.
 
She has almost certainly been told to avoid those topics by the prosecutor if indeed those topics are still off the table.

Yes, but if they press her much, aren't they opening the door?
 
This question is driving me crazy.

In questioning JD today, JW prefaced it by saying something like, "When Travis attacked Jodi on ...". But I don't recall JM prefacing a question by with, "During the time Jodi was stalking ...". Shouldn't the word 'alleged' be inserted instead of stating something as a fact? Isn't the Jury supposed to decide what is fact and what isn't?

It seems to me that if the Jury keeps hearing the fictitious story that JA tells, it's going to sound like a fact. Shouldn't JM object when the word 'alleged' is not used? And why hasn't JM questioned any of the witnesses as if his story is fact? It seems as if he is deferring to the fictitious story line.

Hope this makes sense. And TY for your answer!
 
I adore you!!!! Thank you!!!!

#seguek9isnotaminor4thstalker lol

:rocker: thank you again for helping to explain HHJSS and her decisions




General comments to keep in mind while watching this trial:

1. Perjury -- Witnesses lie and exaggerate on the stand ALL THE TIME, literally in every single trial there is a witness who lies or exaggerates on the stand. Witnesses also make mistakes about the facts they testify about, and sometimes their memory is faulty and they may not remember something accurately. None of those things is perjury, and even if a witness is outright lying -- it is extremely rare for someone to be charged with perjury because most of the time the witness can explain a discrepancy in their testimony due to memory issues or misspeaking, etc.

Perjury is a crime only when the witness knowingly lies under oath and it can be proven by comparing it to a previous written or recorded statement. And usually it has to be a lie that is material to the case on an important issue. Think Mark Furman.

2. Courtroom behavior -- Each judge is responsible for the rules of decorum in their own court. Some judges do not allow any food or drink or gum, other judges allow it. If the judge allows it, it is not disrespectful to the court to eat, drink, or chew gum.

Some judges require that attorneys keep their knees and feet off counsel table, and other judges dont require it. If the judge doesn't require it, it's not disrespectful to have your knee resting on counsel table (although as a practical matter, it looks bad and unprofessional).

Some judges and courts require electronics to be surrendered before entering a court room. Some require that all electronics be turned off. Some only require that they be silenced and even allow internet and email use in the courtroom. Whatever the particular rules are, the attorneys are generally allowed to have their phones, ipads, laptops on.

Some judge allow people in the gallery to take notes, others don't.

This particular judge apparently has pretty lax rules about court room decorum. That does not mean she does not have control of her courtroom or that she is not respected. it simply means she doesn't care about those things and does not feel like the administration of justice is compromised by people eating, drinking, chewing gum, etc in the gallery.

3. Control of the witnesses/attorneys -- I've seen so many comments and questions about how a witness can be allowed to testify the way they are or how can an attorney be allowed to ask certain questions or ask to approach so many times or how can Jodi be allowed to smile at jurors or send notes to her mother, etc. The simple answer is that whether something is allowed or not there is no way to prevent it from happening in advance -- the only way to deal with it is if someone complains and gets a ruling after the fact.

The judge can only rule on things that are brought to her attention within the legal process and what she observes with her own eyes. She removed someone from the courtroom for sleeping the other day - that is something she saw herself and corrected it. If a witness is answering inappropriately, the opposing lawyer has the opportunity to make his objections and get a ruling or instruction from the judge. If that doesn't correct the problem, there's an opportunity for the lawyer to object again and get another ruling and instruction.

It would take something really egregious for a judge to hold a witness in contempt -- rudeness, interrupting, going beyond the scope of the question is not going to do it. Contempt is an extreme remedy that is reserved for behavior that cannot be cured by any other means. A judge is not going to hold a lawyer in contempt because he or she asks to approach every thirty seconds or even because he or she goes beyond the bounds of a pre-trial ruling because these things can all be solved in other ways. The last thing the judge would want to do is hold a lawyer in contempt in front of the jury or even admonish the lawyers too strongly in front of the jury because it could be prejudicial and cause a mistrial or be grounds for appeal.

I do not believe this judge has no control over her courtroom - in fact, the opposite. What many see as a circus atmosphere is due to the defense attorneys acting in a squirrelly or sneaky way, and Juan is just not a prosecutor who makes a lot of objections or makes a big deal out of everything that he possibly could. Most prosecutors do not object a lot -- and most defense lawyers do not act as squirrelly as the ones in this case.

The judge's primary job in this case is to make sure that Jodi Arias gets a fair trial. Anything and everything else is secondary.
 
Why couldn't the pros. disclose the fact that the ring JA stole was an engagement ring?
 
Why didn't the prosecution explore the possibility that JA is a psychopath and have her tested for that?
 
I see rumblings that the Judge in this case made a mistake by allowing the 'ring, xmas tree and airplane number' stories in during cross. Some feel this was beyond the scope and could be damaging come appeals time-- is there any truth to that?
 
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