jodi arias TAKES THE STAND #66 *may contain graphic and adult content*

[minor4th]

AZLawyer answered a question of mine in the legal question thread and I must say I'm a little confused. I don't think the state would get a conviction on the felony murder charge if it fails to get a conviction on premeditated murder.

"Felony murder" gets you a first-degree murder conviction without the need to prove premeditation. It applies where a murder takes place in the course of committing another felony. In the indictment, the felony that was listed as the basis for the felony murder charge was 2nd degree burglary, based on Jodi entering TA's home without permission or remaining there after she was no longer a welcome guest with the intent to commit another felony. I think JM said in argument that the other felony she intended to commit was aggravated assault? But I'm not sure.

I can't really see JA being there without permission. Maybe he didn't invite her to stay but he didn't ask her to leave (as far as we know, based on the pictures and so forth). And aggravated assault? I think her plan was to murder him, not just hurt him.

I think she'll be found guilty of premeditated murder or nothing.

This was argued during an evidentiary hearing. Originally I thought as you do - she was there with permission, so how could it be burglary? However, in Arizona there is apparently caselaw exactly on this issue for purposes of the underlying felony for a felony murder charge. Even if she was initially in Travis' home with his permission, once she started the attack, she was not longer there with permission, and she was there with the intent to commit homicide. That's enough to support burglary as the underlying felony for a felony murder charge. Juan also argued that assault could be the underlying felony.

 

[Sunny_In_AZ]

Ok Ws'ers is In Session off the air tomorrow. Where can we watch the trial? TIA

You can watch it here

http://wildabouttrial.com/videos/jodi-arias-live-stream.html

 

[popsicle]

The problem with the seat cushions in the back of the rental car is chain of custody. LE would have had to seize the car immediately after JA turned it in, and before anyone cleaned it or rented it after her. Once it's been touched by anyone else, that's it. Too late now.

Although I think it's a moot point because it isn't needed in this case... how would that factor in if it is Travis' blood in the back and say JA's in the front or even a mixture?

 

[Really?]

Did JA ever admit to using the gas from the gas cans while in AZ? Did she ever say what happened to the gas cans?

No she never admitted to the third gas can. That what she refutes...the third can. As if that would really matter at this point in the trial....DA

 

[kscornfed]

:floorlaugh:

And boy oh boy ...
you can bet JA was sure surprised when she saw those dragging photos
with her foot and athletic pants visible! :what:

:floorlaugh: poetic justice!

that's the one time i saw her caught flat-footed, was when flores told her what they had.

 

[Nali87]

I'm confused again...

What is the difference between "aggravated assault that leads to death" and "second degree (not planned) murder"? Does the difference lie in premeditation? But if so if the state doesn't prove the murder was premeditated, how can they prove the assault was premeditated? And if you can't prove JA planned to commit a murder/hurt Travis in any way, how can you get a conviction based on felony murder?

And where is the distinction between assault and murder? Or is that distinction not important if murder is the result?



Sigh, I confuse myself.

 

[luvtenniss]

I know the question arises on how JA could be holding the gun at Travis and the camera. But the pic at 5:30:30 looks to me like Travis is off balance, trying to protect himself from getting shot. It is the pic of Travis sitting on the shower floor, right after the one where he was looking straight at the camera.

 

[JusticeJunkie]

All these negative thoughts about the monster walking free. Please. Back away from the edge. When is the last time Juan Martinez lost a case? Let's start there.

You missed my positive post!!
Nurmi and Wilmont stuck in a holding cell all weekend with HER. Gotta get that coaching in, ya know!! lol

 

[Smelly Squirrel]

I wish there were more evidence about what actually happened to make him so mad. One thing I know, it was not for the reasons Jodi gave.

I thought this fight was instigated by Jodi's fake accidental text trying to make him jealous.

 

[kscornfed]

I wish there were more evidence about what actually happened to make him so mad. One thing I know, it was not for the reasons Jodi gave.

maybe after his trip to the bishop, she threatened to tell the bishop all her lies about TA? possible, isn't it?

 

[Quester]

So ... we now know that TA went to see his Bishop about his sexual relationship with JA.

I wonder how long after that meeting TA's Bishop contacted JA's Bishop?

And, whether or not, prior to the murder, JA had already been called in to discuss the whole sordid affair?

 

[Jools68]

Ok Ws'ers is In Session off the air tomorrow. Where can we watch the trial? TIA

In Session isn't airing tomorrow?!?! Why?

 

[LadyEdith]

Most Abuse Victims have been programmed to feel that THEY have done something to cause what is happening to them...It took a very long time for me to be de-programmed and then a very long time to get over feeling weak for allowing myself to be programmed that way...vicious cycle..

I'm recovering from an emotionally abusive marriage myself and for years I thought it was me. I've HAD those crazy making discussions Juan had with Jodi on the stand. My ex used to purposely pretend he could not understand what I was saying or that I was talking nonsense. A counsellor pointed out that no one else in my life seemed to have a problem understanding me.


Psychologically, emotionally, and physically, she does not read as a domestic abuse victim.

 

[Madeleine74]

Although I think it's a moot point because it isn't needed in this case... how would that factor in if it is Travis' blood in the back and say JA's in the front or even a mixture?

No it isn't needed at all. It might refute the "only blood on hands" lie she told if blood is found in the car and in some significant amounts. But it's neither here nor there and has been argued and speculated about because ... well I'm not sure, but it has.

 

[Nali87]

This was argued during an evidentiary hearing. Originally I thought as you do - she was there with permission, so how could it be burglary? However, in Arizona there is apparently caselaw exactly on this issue for purposes of the underlying felony for a felony murder charge. Even if she was initially in Travis' home with his permission, once she started the attack, she was not longer there with permission, and she was there with the intent to commit homicide. That's enough to support burglary as the underlying felony for a felony murder charge. Juan also argued that assault could be the underlying felony.

LOL, I should've read your post before putting my scrambled thoughts in sentences.
Then again, this really seems to be a slam dunk. Especially if JM explains it the way you have just done to the jury. lease:

 

[Only4Justice]

Way to go, katiecoolestpersonever! Can't wait to listen!

I love this! "katiecoolestpersonever"! lol

I am so glad to be part of the WS family....you guys are the best!

 

[JusticeJunkie]

Does anyone know how long a typical redirect lasts?

There really isn't any "typical" amount of time. It differs with each defendant and attorney. But we have to keep in mind Arias LOVES to talk, and Nurmi talks slower than a snail.
My personal guess is 3 days.

 

[LadyEdith]

Ok, what are your favorite Juan-isms from cross?

Mine are
1. "Well we can't subpoena God, can we?"
2. "Cosmetic approach to your pelvic region"
3. Anothe one I'm too shy to type, but it's
Definately dirty talk!

 

[paperwing]

Question about license plates: With all this discussion about the license plate(s) on Jodi's rental car, how many posting here are still required to have front and rear plates? We haven't had them in MI for 20 years, at least. Only a rear license plate is required on passenger vehicles; some commercial vehicles have both.

Concerning the states JA traveled through:
It appears as though these requirements haven't changed since 2008, but I'm not 100% positive. Close, but...
Per CA DMV: Front and rear plate required.
Per UT Dept of Public Safety: Front and rear plate required.
Per DMV.org/AZ: Rear plate required. Front plate optional.

 

[Jools68]

In Session isn't airing tomorrow?!?! Why?

oh, nevermind, I see: http://www.mediabistro.com/tvnewser/trutv-cutting-in-session-to-two-hours-a-day_b167293

I wonder if HLN will provide additional coverage?