Jodi Arias Murder Trial - the defense continues it's case in chief-*Weekend* #89

[DebinGA]

This question was about Samuels' testimony and his opinion about premeditation vs. "crime of passion" and whether such testimony, if allowed, could lead to a lesser charge like manslaughter or 2nd degree murder.

First of all, I don't think the testimony would be allowed, but I believe there will likely be jury instructions on a lesser included charge. The judge has to give jury instructions on any lesser included offenses that are supported at all by the evidence, if either side requests the instruction.

I think there will be a manslaughter instruction because of Jodi's testimony that she didn't mean to shoot him even though she pointed a gun at him to "stop him." I have not really heard any testimony from her that fits second degree murder, so we'll see what else comes in and what the attorneys argue in their charging conference. I do not think Samuels' testimony will impact whether or not a lesser included charge is given as a jury instruction though.

JM filed a motion last November against another female Superior Court judge who refused/blocked him from making a case a death row one. I thought district attorneys made that decision, not judges. No one can accuse Juan of lacking chutzpah.

 

[cartercar]

Catching up and will be trying to read the entire thread, meantime, I so much appreciate all the insights!

Pls forgive if someone mentioned this earlier.

One of the things that struck me most about the new video is the casual way she reached over, picked up the wastebasket, rifled through it, and put it back. It seemed like a very practiced movement, not hesitant at all.

I don't know if this makes sense, but it seemed too smooth to me, as if that behavior is not only normal but correct. No wondering, no hesitation, she just swooped down.

It actually gave me a chill, that assertiveness. And it immediately made me think "Stalker." Someone who's very confident and very comfortable about touching and opening things that don't belong to her, like someone else's mail, or files, or papers, or trash. She's a stalking stalker who stalks, and to her, looking through someone else's wastebasket is perfectly normal in the order of business. Nothing to be hesitant or embarrassed about.

I wonder if that struck anyone else, or were we just all be-blinded and be-dazzled by the headstand and the dirty feet?

P.S. She also had the nerve to pull out some pages from the printer output tray, and after she went through them, she put them back on top of the printer (not in the printing tray where they were originally). That's an equally rude and unacceptable thing to do, but for some reason, the wastebasket moment stood out more in my mind.

 

[Rosebud1952]

Great post!

That sounds right. Juan probably just mentioned the 3rd gas can and just to throw him off she said no, she returned it to Wal-Mart. JM wouldn't let up and he led her right down her path of lies. Now she has to stick to it, although I will bet now she will use some of Dr. S's explanations for those lies.

 

[JusticeJunkie]

There is just no good reason for Arias to spend valuable time searching for that rope to take with her. IMO there was never any rope except for the one she made up in order to explain the presence of the knife.
I'm confident the jurors will see this as well.

 

[katiedid2]

You guys I'm just moved beyond anything right now. I just received a package in the mail from one of our posters who's sending it in the name of ALL the WS forum posters here. It's a package of gifts for Travis' family, some for some of the legal team , something for me, etc. She wishes to remain anonymous but let me tell you this is VERY generous and VERY special. The care that went in to this is beyond anything... i will post more on it w/ pics on the kcl thread (for lack of a better place) if you want to go check it out later. Running out the door now but wanted to just share this amazing piece of generosity. She's posting among us but wants to reap the rewards in only the way a random act of kindness offers. Much love to you, you know who you are!!!

This brought tears to my eyes! Not only is this ghost poster generous! But she included everyone here as the participant. Please thank her and tell her she's awesome. This family has suffered so much! Having to sit in court as jodi and her defence team slaughter travis many times over. I go to bed each night with them on my mind! They area in my prayers and thoughts daily. I can't even began to imagine putting myself in their place! Her edifying and de-edifying ! Saying she lied to protect travis !to protect him! From pedophilia ! Its a bull of crap lie
justice for travis!

The worst part of her testimony! Lying to the very jury! That holds her life in their hands. Unbelievable.

 

[luvtenniss]

Ok, I am starting to come around to the stabbed first. Sorry I keep bringing it up - it is just driving me crazy trying to figure out what in the world this crazy woman did.

Some of Travis' wounds - in his head and at least one of the defensive wounds look as if he was sitting in the shower trying to protect himself from blows. He gets several stabs in the shower - maybe even the major chest wound.

He finally gets out of the shower past her. Maybe he even stumbles and falls out pushing her over, thus the linebacker tackle. He somehow manages to get to the sick where she continues the stabbing in his back. He is still leaning over, coughing, still alive.

She runs and gets the gun and shoots him as he is leaning over the sink. He had already lost a lot of blood by then. Didn't they find the shell casing by the sink?

He collapses and tries to crawl down the hall. Then the throat slitting.

Possible?

 

[Truth Detector]

I believe they were all on the memory card.

I think there was testimony about the time date stamps being embedded in the photo data and could not have been manipulated.

The latter would be likely; although, all digital data can be manipulated at the bit level by one with the knowledge and tools. JA would not have been capable, IMO.

However, it is highly unlikely -- if not impossible -- that all the images were recovered, as there was activity, apparently corroborated by LE, which indicated file deletions and write-overs on June 4 and possibly prior.

Which still does not speak to the very real possibility that JA made and retains copies of many, if not all, of the June 4 and prior images for potential later reference and malicious use.

The testiphoney related to the scratched CD's, and her prior practice of archiving digital images from her phone, etc. renders this a very real possibility.

 

[tinkabella]

Anyone hazard a guess about what's on the countertop in 165 of 180?

http://www.hlntv.com/slideshow/2013...otos-nancy-grace-mysteries-day-4?hpt=sizzling

Its the body bug he was wearing in bed. I would post a pic but I dont want to blow the margins

 

[Soliloquy]

Here are gas purchases for June 5th or 6th

10.6 gallons

9.6 gallons

5.08 gallons

The above comes to a little over 25 gallons of gas

The tank capacity for her rental car was estimated at 12 gallons, if I recall correctly.

Assuming that she was driving on fumes when she got to the gas station in Salt Lake, subtract 12 gallons from 25 and you get 13.

Divide 13 by 3 and you get 4.3. 13 gallons would take at least three 5 gallon gas cans to hold. This appears to be very strong evidence that she had three gas cans in salt lake city. Combine this with evidence that she did not return the third gas can (a Walmart rep is now expected to testify to this in rebuttal), the third gas can becomes undeniable.

Am I correct here or am I missing something?

BBM - IIRC, someone posted here that the car had a 13.5 gallon capacity if it was a 2008 model Ford Focus or a 14 gallon capacity if it was a 2007 model.

 

[minor4th]

Here are gas purchases for June 5th or 6th

10.6 gallons

9.6 gallons

5.08 gallons

The above comes to a little over 25 gallons of gas

The tank capacity for her rental car was estimated at 12 gallons, if I recall correctly.

Assuming that she was driving on fumes when she got to the gas station in Salt Lake, subtract 12 gallons from 25 and you get 13.

Divide 13 by 3 and you get 4.3. 13 gallons would take at least three 5 gallon gas cans to hold. This appears to be very strong evidence that she had three gas cans in salt lake city. Combine this with evidence that she did not return the third gas can (a Walmart rep is now expected to testify to this in rebuttal), the third gas can becomes undeniable.

Am I correct here or am I missing something?

As of yet, we do not have clear evidence that the third purchase in SLC was gasoline ..although the recent pleadings suggest that is the case.

There's really no way she did not have 3 gas cans. She filled up in Mesquite, NV after the murder, and she filled up in SLC and filled the two 5-gallon tanks, even if you ignore the third purchase. That means that the two extra tanks were empty in SLC and had been used somewhere between Pasadena and Mesquite, NV.

She could not have gotten all the way to Mesquite, NV on a tank of gas and two 5-gallon cans -- if she didn't stop for gas, she would have needed 3 extra cans; and she couldn't have gotten gas in Buckeye or Desert Center like she testified, because then she would not have needed to use the extra cans, and they would not have been empty in SLC.

 

[scorpio24]

That makes perfect sense. I really feel the first stab was when he was on the floor in the shower.. I think she was hoping it would all take place in there so that she could rinse all the evidence away. I think she brought the gun in case, But I think she planned to stab and slash at him til he was dead. It would have been much easier to pull out the gun and shoot him 4 times in the shower.. But I think she wanted it to hurt..

I AGREE! Thank you! My sticking point is that JA planned this murder out in her mind (gas cans, rental car, cell phone turned off, license plates, alibi, etc.) but she would rely on the ONE weapon that could be essentially traced back to her in a DOCUMENTED POLICE REPORT? A .25 handgun stolen from her grandparents? A "woman's gun" that would turn the attention to a female killer?" Phooey!

No, she never intended to actually USE it. It was an "in case" weapon, just as you stated. The stabbing just wasn't as easy as she thought it would be, certainly not as easy as slashing 12 tires. She had experience with knives, probably more than she had with guns. I believe she thought she could use it MORE efficiently. :twocents:

 

[Angelina Frost]

That sounds right. Juan probably just mentioned the 3rd gas can and just to throw him off she said no, she returned it to Wal-Mart. JM wouldn't let up and he led her right down her path of lies. Now she has to stick to it, although I will bet now she will use some of Dr. S's explanations for those lies.

BBM

That's the only reason the DT have him testifying- he provides the umbrella of justification for everything.

Gunshot/29 stab wounds/throat slash? PTSD/fog/Global amnesia.

Cover up & behavior after the murder? PTSD/fog/Global amnesia.

I wasn't there/intruders/tv interviews/no jury will convict me? PTSD/fog/Global amnesia.

Unless the jury is made up of the 18 most clueless speed bumps EVER assembled, they'll see right through it.

 

[callyn]

*friendly reminder: no disparaging remarks about the defense team.* thanks

my apologies :blushing: my inner demon emerges at times

 

[Karmady]

Its the body bug he was wearing in bed. I would post a pic but I dont want to blow the margins

Thanks. So we HAVE heard about it. That makes much more sense

 

[minor4th]

BBM - IIRC, someone posted here that the car had a 13.5 gallon capacity if it was a 2008 model Ford Focus or a 14 gallon capacity if it was a 2007 model.

She said she was on fumes when she rolled into Winnemuca, NV to get gas -- and she purchased a little over 12 gallons and said that she filled up the tank. She did not ever run out of gas on her trip, so it's safe to assume that she never had less than a gallon of gas whenever she filled up. It doesn't matter whether her tank held 13.5 gallons or 14 gallons because she never let it get completely empty.

 

[bsk]

I thought a lot about DB last night. Her telling him she was going to AZ. Borrowing the gas cans from him. I think she had to get rid of that DVD player she she stole from her grandparents and she gave it to Darryl's son maybe as a gift? Maybe that is why she had to go back to his house was so she could take the remote? She sure wouldn't want to be caught with the remote later on. Maybe she borrowed money from him also? I believe he knows way more than he testified to and wouldn't offer up anything on Jodi because he felt they were friends. Wonder if he can be recalled on rebuttal? I know the judge completely dismissed Gus Searcy but I don't believe DB was dismissed.

It could be simpler than that. She wanted to make it look like a robbery and just taking the one handgun she wanted and nothing else would look too suspicious. It could be that she grabbed a couple of other random things like the DVD player that were light and easy to carry and just tossed them later.

I don't know what other items were "taken" besides gun, DVD player, and the $30 or whatever she said, but it's kind of silly anyway. Long guns were left and you can buy brand-new DVD players for under $50. What crook is going to go to the trouble of yanking out some wires to take something that's worth next to nothing?

 

[katiedid2]

Not sure what to make of it. I guess I was just surprised to see it (or at least what it appears to be) w/o having heard anything about it previously. Lord knows we've heard just about everything else!

Dildo left where? The crime scene? Where's a pic of it.
Thank you kindly

 

[JusticeJunkie]

Its the body bug he was wearing in bed. I would post a pic but I dont want to blow the margins

That sounds like a reasonable explanation of what's in the pic. But I still think the pic of him in the bed was duct tape. There's no "bump" for the device in the pic, and it wouldn't leave the residue we saw in the shower pic.

 

[Rosebud1952]

She claimed to have edited his first chapter.

She was all worked up over his giving credit to another woman for work on the foreword (IIRC), but hadn't appropriately acknowledged Jodi for her editing efforts.

The book was not apparently anywhere near completion...

A good percentage of my job involves proofreading. I read the chapter that JA claims to have edited, and I will tell you, it was not worthy of credit.
Just like her being a "Professional photographer"

 

[KandyKane]

Another :goodpost: from you, K2.

If you have any time, would you be willing to check out some of the posts from the Sequence of Events thread and give an opinion? Some posters are committed to the shot first, Dr. Horn contradicted himself in written statements vs. courtroom testimoney, based on stabs first it can't be murder one, JM is wrong/ill informed....

TIA.

Thanks! I'll wander over to the Sequence of Events thread when I get a chance though I doubt it would be today... I'm supposed to be doing work around the house, and as you can see... um... I'm purcrastinating again. LOL!