Jodi Arias Legal Question and Answer Thread *no discussion*

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Legal Eagles----Rope doesn't help Nurmi according to this theory, in fact it may have been worse than we thought...your opinion?
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AWARD WINNING A&P PERSON (Who wants to remain anonymous) LOOKED AT WHAT PROBABLY HAPPENED THE DAY TRAVIS WAS KILLED BASED ON PHYSICAL EVIDENCE AND M.O of JODI ARIAS’s ACTIONS.
Autopsy findings:
Stab wounds:
1. Back of Head:2 (Deep, 2-inch deep, 1-bone chipped, 1-divot)
2. Right Ear: 2
3. Back of Neck: 2
4. Middle of Back: 9 (Straight through, not moving, shallow, 1-inch”)
5. Back of Left Heal: 1
6. Back of left hand if tied behind back:2
Total =18

7. Forehead:2
8. Neck: 1 (Gaping)
9. Chest: 5 (Interesting these deep wounds are usually defended if able to fight back)
10. Stomach: 1 (5”-inches across stomach left to right)
11. Right Shoulder: 2 (scrapes)
Total: 9

12. Bruising right shin
13. Discolored right foot.
14. Bruising left ankle.

Shot:
15. Shot to right skull, exiting skull and settles in Jaw. (Brain perforated, goes through Right Lobe)
(Bullet is right to left, no blood from wound).

1. Police marked: No.40, Duct Tape. (Remember this in a moment)
2. Death: 1) Massive blood loss, 2) less O2 for brain and heart, 3) unconsciousness, 4) death.
3. Three Fatal Ways to Die in this scenario:
A. Stab to chest cutting Vena Cava
B. Deep slit to throat cutting air pipe nearly back to spine (Near Decapitation)
C. Shot to head.

1. Shot: Would have caused immediate unconsciousness.
2. Neck: Immediate Unconsciousness.
3. Chest: Conscious, but fatal soon due to location (Vena Cava).




1. Chronological Order Most Likely
A. Chest Stab (Alive)
B. Throat Slash (Alive--Barely)
C. Shot to head. (Immediate death or incapacitation to fight back, and no loss of blood—likely post-mortem).


2. Order of Sequence:
A. Jodie is taking pictures near the shower.
B. Jodie has the camera strapped around neck—which explains extra pictures being taken while killing him-- that her finger sets off (trying to move camera-if you are dragging body and bent over, the camera will swing from your neck and the impulse is to move it out of the way) and this kept both hands free to kill or drag body. (Original camera strap was wrapped and unopened, but according to Travis’s blog, he had purchased a camera and she could have used another one from somewhere else) For instance I have a camcorder but I kept my favorite one and left the original in the case as well.
C. Jodie is playful while taking pictures.
D. Jodie quickly entices him into a oral sex game/ and he is tied up from behind (Duct tape or small piece of rope) since Travis loves role-playing, she quickly ties Travis’s hand behind his back.
E. NOTE: I think the reason she added the rope story was because she was anticipating rope fibers of evidence left behind and wanted a story to explain it away, her typical M.O. But unlike her story--Travis didn’t tie her up, she tied him up.

F. Also police specimen 40 showed DUCT TAPE that had pulled off the reel and was stuck together and thrown in front of the washer. This duct tape did not come up or if it did, it was very little. Why? Not a lot of evidence linked to it. However this reminded me of another crime way back---this happens with all tape, so if you pull scotch tape off and it gets stuck together by your fingers, what do you do? You tossed that aside (like police evidence marker #40) and you PULL OFF ANOTHER PIECE! Prosecution said there was no rope because they never found it; well, they never found the gun or knife either, so she could have taken duct tape or a small piece of rope with her. I also believe some of the clean-up she did was around his wrists to remove a small piece of rope or duct she took with her like gun and knife and to look at his neck because of her ‘morbid curiosity’.

G. NOTE-There is no way that Travis suffers those extent of injuries and she has virtually NONE except where she nicks her hand –(typically hand slides down blade too far)---unless he is restrained in some fashion. No way is she going to take a chance of being over-powered or him taking the knife away. She’s crazy but not stupid. Remember she thought about EVERY step of this trip so far and is very calculating. Why would you plan so meticulously in a pre-meditated sense and make a botched attempt at stabbing where the knife could be taken away by a man who loved to wrestle and grabbed a snow mobile from rolling down the hill?


H. Jodie, based on her psych makeup—then tells him to close his eyes, pulls out knife.
I. She starts to kneel and stabs him in the stomach a five inch cut left to right, She angrily says, “You don’t to marry me! You don’t want to take me to Cancun!”
J. Travis screams with pain, “What are you doing!!” and goes by sink to check wound where blood spurts out all over sink.
K. He turns around and she stabs Travis in Chest five times, more blood spurting.
Note: Only two major defensive wounds on hands and most pathologists will tell you the chest is one area that is usually defended in this kind of fight, but it wasn’t. Therefore I believe those hands wounds were when he was restrained from behind, palms -out like he was hand-cuffed so to speak. One cut in fact, was at the BOTTOM of his thumb.
L. Travis tries to run down hallway to get away—but she catches him and they crash into the East Wall, where there is large smear of blood chest high on Hallway Wall, police exhibit #133. He keeps his feet momentarily and heads towards bedroom door.
M. She jumps on his back and he gathers a bruise on his right shin from a quick landing. (Although the bruise here and on the left ankle could be from a stomp or blunt force object)
N. He is either on all fours or laying on his stomach.
O. Travis getting weak from Vena Cava cut in chest is losing O2 supply to brain and heart and losing the fight, but she is worried he is closer to going out doors--she then stabs the small area of his back nine times, this is called a ‘frenzy stabbing ‘ all cuts are 1-inch deep. These cuts are hitting bone and are shallow.
P. She then stabs the back of his head twice with force, these are deeper, 2-inches, one cut chipping bone, the other making a divot in the back of his head.
Q. Still alive but barely fighting, she stands over him on the right side, lifts his head by the hair, starts the edge of the blade on the left side and rips it across his neck to the right side and severs the right carotid and right jugular, leaving a large gaping neck wound and a rush of blood on the floor.
Note: I do not think this is an ordinary kitchen knife but a military knife (K-bar) or a hunting knife. Stop this at 0:12 to see what these knives do and compare it to the gaping neck wound. [video=youtube;S8rh4vwuRJE]http://www.youtube.com/watch?v=S8rh4vwuRJE[/video]
D. At the end of bedroom opening is a large pool of blood on right side entrance—slash to neck would fit perfect with that.
E. Travis is barely alive at best and most likely dead.
F. She drags Travis down hallway back towards bathroom.
G. She fires a bullet into his the right side of head, it enters skull, enters right lobe, exits skulls and comes to rest in left jaw. (This fulfills the two intruder theory, two methods of killing)
H. The ejected bullet case sits on top of blood in bathroom.
I. She drags Travis into shower, tries to cleans him up in shower with and admires her ‘work’. It is also possible she showers first to rinse the blood that had to be all over here, then dragged him into shower, careful to not to get too much blood on her, she then cleans her hands, etc. Also there may be a glass nearby and she tried to wash away the blood from his neck to see the damage she did, which is consistent with the “morbid curiosity” she had of wanting to see the crime scene photos.
J. She cleans some of the area. Glass left in shower. No way to clean all blood so she does some clean up with towels, changes the sheets to hide DNA, deletes the pic’s from the camera in the bedroom, tosses the camera in the bedding and tosses it in the washer.


WAS THIS TORTURE: Torture is defined as the intention of “inflicting pain to punish.” That’s exactly what happened. No question in my mind there is no chance of self-defense, and definitely over kill. For instance if she just wanted to just kill him, she could have shot him in his bed, or shot him another time (twice) in the shower. Also, because the lack of hemorrhage from the brain- the stabbings came first, and because she planned and premeditated so well, down to not getting a red rental car (so she could she any blood before she turned it in), and she turned the license plates upside down, turned off her cell phone, dyed her hair, and was so meticulous, the chances that Travis was restrained was great because she never taking the chance of Travis getting the upper hand in a knife fight. Also the time factor, whether 62-seconds to 3:00 makes a difference. Speed doesn’t mean torture didn’t occur.
 
Ok, I'm also relieved to hear that and I'm hoping JM will use that in a couple of hrs. However just to clarify, are jurors not even allowed to request specific transcripts during deliberation (understanding that as you said, they will not have them as a matter of course)?

They can ask, but I have never seen a judge in Maricopa County agree to this. The judge will tell them to rely upon their memories and notes.
 
Is the jury instructed to not think about the evidence when they aren't in the jury room with everyone else? What I mean is, are they expected to not consider the evidence while at home? obviously, I know that they still cant talk to family/friends but is it considered "wrong" if they come back in Monday morning and say "you know, I was thinking............." Sorry if this is silly.
 
Is the jury instructed to not think about the evidence when they aren't in the jury room with everyone else? What I mean is, are they expected to not consider the evidence while at home? obviously, I know that they still cant talk to family/friends but is it considered "wrong" if they come back in Monday morning and say "you know, I was thinking............." Sorry if this is silly.

Yes, they are allowed to think about it. :)
 
I'm still fairly new to posting here, but wanted to send a big THANK YOU to all the legal experts who have helped us throughout this trial. It has been such a pleasure to have your patient help. :rockon:

Have a nice weekend.
 
Does the typographical error on the ME report constitute grounds for a mistrial or an appeal?
 
I don't know if this has been asked, but...

If JA is found guilty - premeditation - during the mitigating phase will the jurors be allowed to see the interrogation videos? :seeya:
 
I don't know if this has been asked, but...

If JA is found guilty - premeditation - during the mitigating phase will the jurors be allowed to see the interrogation videos? :seeya:

Haven't they already seen most of them??
 
Does the typographical error on the ME report constitute grounds for a mistrial or an appeal?

See below in bold: :)


Two questions. They didn't finish tonight with testimony until about 840 pm and I didn't see any noticeable breaks for a meal for either the jury or the defendant. Could that be grounds for appeal?

The typo or oversight in Dr Horn's autopsy report....can that be grounds for an appeal if interpreted as not a true typo but a tailoring of his testimony to favor the prosecution?

TIA

No, that will not be grounds for an appeal. First of all, I'm certain there was some arrangement made for some type of food. Second, specific harm would have to be shown--not just "people must have been hungry and tired."

No, the typo will not be grounds for an appeal. The jury will have to decide whether it was a true typo or a dishonest change in his testimony. Even if they decide it was a typo, of course, they might be concerned that his attention to detail is not as great as they thought it was.
 
What exactly is the penalty phase? Is the jury there, the DT and Prosecution, what kind of testimony is given and by whom? How long does a 'penalty phase' last? Then who makes the decision the jury or judge?
 
Can you verify please; JM said the jury MUST consider the charge of M1 FIRST and only if they cannot find guilt do they move on to M2?

Is this correct? Appears all the elements are met which doesn't leave much room for any who want to vote with sympathy...which is how it should be imo. This could certainly shorten deliberations.
 
can travis' family address wilmott and nurmi during the victim impact statements? I'm sure they have a few choice words for the mouthpiece's that helped Jodi trash Travis' legacy/reputation during this trial. I would hold back nothing.

Is there a time limit on victim impact statements?

How many people are allowed to give statements? With all of the love and friends travis had I can see this going on for about a week.

Are you allowed to call the defendant names (character assasination) during impact statements? I would have no problem with her character being assassinated during the VIS...Especially when every single word is the TRUTH!
 
Can Arizona/Maricopa seize all or part of the donations JA receives in her jail account since taxpayers are picking up tab for her trial? Thank you~
 
Thanks again AZ. Can you please tell me if the jurors will have the witness transcripts with them in deliberation? I ask because Nurmi just denied that his client said she returned the gas can to the same Walmart in Salinas. However she testified to that fact twice under cross by JM.

No, they will not have any trial transcripts.

I'm sorry, I hate to be pesty but can the juror's get the transcripts if they ask for certain ones?

Thank you :)
 
What exactly is the penalty phase? Is the jury there, the DT and Prosecution, what kind of testimony is given and by whom? How long does a 'penalty phase' last? Then who makes the decision the jury or judge?

Assuming a verdict of Murder 1, there would first be an "aggravation phase," in which the jury would determine whether JA is eligible for the death penalty. In this case, the only issue for that phase would be whether the murder was "cruel," which concerns physical and mental suffering of the victim. This will be a mini-trial before the jury, with the state presenting a case in chief, the defense presenting its case, and then the state presenting rebuttal, and mini-closing arguments. This might last only a couple of days.

Then there would be a phase to consider life vs. death. Again, this is a mini-trial before the jury. This phase is for the defense to present mitigating evidence and for the state to rebut that evidence (including through victim statements from the family). This might last a couple of weeks.

The jury makes the decisions.
 
Can you verify please; JM said the jury MUST consider the charge of M1 FIRST and only if they cannot find guilt do they move on to M2?

Is this correct? Appears all the elements are met which doesn't leave much room for any who want to vote with sympathy...which is how it should be imo. This could certainly shorten deliberations.

Technically, that's what the instructions say. In practice, I doubt that many jurors are robotic enough to do it that way.
 
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