While I'm expecting JA to rely on memory loss under cross, I'm not concerned about it (perhaps naively?). I think it'll probably be frustrating because I'd really like to know certain things and I don't think she'll give it up.
- Travis was shot in the head with a gun - a .25.
- Travis was attacked with a knife - stabbed in the heart/vena cava, chest, back and his throat was slashed.
- Photos place JA at the scene of the murder and at the time of the murder.
- There are numerous items of evidence (circumstantial, physical, factual) and formal testimony that, when taken collectively, provide reasonable, ample proof of premeditation (imv).
- JA said she killed Travis and tried to cover it up to avoid arrest.
- There is no evidence of Travis being physically or emotionally abusive - at all.
- There is no evidence that Travis was physically violent with JA or anyone else.
- There is an enormous body of documentation, video, reports, audio, testimony and items of evidence that prove JA is a prolific, unapologetic, calm, confident, extremely skillful liar. Her credibility has been shattered.
... so she doesn't "remember" how the murder took place. We don't have the knife or the gun. But we know that, with no evidence of abuse or violence by Travis, reasonable certainty of premeditation (at minimum), JA's admissions, lack of credibility and significant effort and planning to avoid accountability/arrest, etc.
We really don't need her to remember to know enough to conclude that she killed Travis outright. I have confidence in the jury being able to pull the elements together properly.
