It will indeed be interesting if the defense can convince the judge NOT to provide the jury instructions detailing a duty to flee as pertaining to the JA self-defense claim. Apparently duty to flee is part of the self defense statute in Arizona and it is also standard doctrine in all criminal law treatises dealing with the affirmative defense of self-defense. The defense, it seems, wants to convince the jury that, above all, JA was and is suffering from battered womans syndrome. A truly battered woman may NOT have the duty to flee. This is because the syndrome pertains to victims who are paralyzed from fear of retribution and who have a history showing that prior unsuccessful attempts to flee from battery have been met with even more injury. The battered woman who snaps may not react, as do ordinary people, with an impulse to flee exit quickly duck hide etc. The battered woman merely stands her ground during the assault knowing that her tormenter will relentlessly pursue her. She has come to understand that flight is simply not an option.
After all this painstaking elaboration of JA early life and initial phase of the TA relationship we will undoubtedly hear about TA escalation of manipulation and the onset of physical abuse. Rough sex, demeaning put downs, and beatings will become de rigueur. By the end of next week JA will have completed the check list of what constitutes battered womans syndrome. JA s psychology expert will mop up and explain that all the seeming insignificant detail JA provided in direct testimony all can be understood as the making of a battered woman. THUS retreat during battery is no longer needed to exculpate.
I also think that JA will provide testimony that TA on June 4 2008 became inordinately enraged when JA dropped the Sony camera. Though he was naked TA blocked any escape. Even when initially injured from either knife or gun wounds TA pursued JA relentlessly and viciously. In providing this testimony JA will be putting on an act of a lifetime. She will emote, stutter, grieve, sob, cry, and recoil in horror as she is forced to relive that horrific assault. She will claim that TA had JA in his clutches as he was dying and to free herself without fear of deadly retribution she had to forcefully thrash out at his neck and or face.
