long weekend break: discuss the latest here #114

[Donnareit]

Weren't there two aggravating factors cited making this a murder 1 case - the heinous/cruel nature of the crime and the added burglary? Is the new motion contending the offending juror indicated to the judge her belief in a third aggravating factor for which the DT claims there's not enough proof?

What if AZ would/could apply the State v Kleypas ruling? I am now going to take something completely out of context (Kansas passed legislation to cover stalking as an aggravating factor in DP), but it does give one reason to pause:

"It is well established in Kansas that evidence of a fact is relevant if it renders the desired inference more probable than it would be without the evidence or if it has any tendency in reason to prove any material fact. See K.S.A. 60-401(a), (b); State v. Wimbley, 271 Kan. 843, 853, 26 P.3d 657 (2001). We have held that a murder is committed in an especially heinous, atrocious, or cruel manner for purposes of the death penalty aggravating factor where the victim suffers "serious physical abuse or mental anguish before death." Kleypas, 272 Kan. at 1025-28. Mental anguish includes a victim's uncertainty as to his or her ultimate fate. 272 Kan. at 1026. Accordingly, evidence that a defendant stalked the victim and the victim was aware of the possibility of the violence which awaited him or her can be relevant to the determination of whether the capital murder was committed in an especially heinous, atrocious, or cruel manner for purposes of the death penalty."

I mean even if AZ has no such statutory language, could this be what the DP are trying to head off since Juan could probably flip ALV?

 

[gngr~snap]

lol ing HLN making fun of "the bobsey twins"~
LMAO!!!!

 

[Truth Detector]

I see you she came in work clothes to tell us what we already know about the phone sex tape... but whatevs. :giggle:

JVM had stupid human tricks tonight?

I thought that was Letterman's bailiwick...

 

[Dum-Dum Sucker]

Remember the Scott Peterson trial? There was talk about 1 juror and how everybody was sure she was pro Scott... She was the juror with the pink hair and spoke out after the verdict how guilty she knew he was. Just goes to show no matter what color hair they have no one is ever sure about anything until after the fat blue haired lady sings :great:

Strawberry Shortcake!

 

[4Jacy]

Jodi is soooo pretty, so sensitive, so honest.

Said no one E.V.E.R.

 

[katiedid2]

Given the evidence that came forward on March 28, 2013, it is beyond legitimate dispute that Juror # 5 is not fair and impartial making her unfit to continue as a juror.

LOL I bet she's the one who has been writing all the sarcastic questions and they compared the handwriting of the questions wiith the jury questionnaire.
She prob. wrote about the "*advertiser censored*."

Lol,she's innocent until proven guilty.:floorlaugh:

 

[justsharing]

The only other thing that came to mind... KatieDDJ and the guest said last week that they've seen jurors talking to each other during sidebars and stuff. I don't remember exactly what was said but they were talking about jurors forming bonds. Aren't they not allowed to talk at all until deliberation? I think I asked that on the legal thread and they said it was not allowed on criminal trials. Any chance that's what it's about? It would explain why JA kept staring and getting JW's attention.

I just want to add that I think it would have to be something HUGE for the judge to grant a mistrial. The defense is going to nitpick everything they can because they know it's not going well for them! I would be pizzed! Not only would that make all of this one long practice trial for her, but it would be $1.4+ million of our tax money down the drain!

I agree, the DT know they're in trouble and wouldn't be surprised after ALV is done if the following happened.
Nurmi- Your honor we ask to call a last minute witness, additionally we ask that they be able to testify telephonically?
Judge Stevens- and who would this last minute witness be.
Nurmi- God, your honor.
judge Stevens- counsel approach.

 

[Karmady]

What if AZ would/could apply the State v Kleypas ruling? I am now going to take something completely out of context (Kansas passed legislation to cover stalking as an aggravating factor in DP), but it does give one reason to pause:

"It is well established in Kansas that evidence of a fact is relevant if it renders the desired inference more probable than it would be without the evidence or if it has any tendency in reason to prove any material fact. See K.S.A. 60-401(a), (b); State v. Wimbley, 271 Kan. 843, 853, 26 P.3d 657 (2001). We have held that a murder is committed in an especially heinous, atrocious, or cruel manner for purposes of the death penalty aggravating factor where the victim suffers "serious physical abuse or mental anguish before death." Kleypas, 272 Kan. at 1025-28. Mental anguish includes a victim's uncertainty as to his or her ultimate fate. 272 Kan. at 1026. Accordingly, evidence that a defendant stalked the victim and the victim was aware of the possibility of the violence which awaited him or her can be relevant to the determination of whether the capital murder was committed in an especially heinous, atrocious, or cruel manner for purposes of the death penalty."

I mean even if AZ has no such statutory language, could this be what the DP are trying to head off since Juan could probably flip ALV?

No mention of stalking or similar in the motion, fwiw.

 

[Truth Detector]

I agree, the DT know they're in trouble and wouldn't be surprised after ALV is done if the following happened.
Nurmi- Your honor we ask to call a last minute witness, additionally we ask that they be able to testify telephonically?
Judge Stevens- and who would this last minute witness be.
Nurmi- God, your honor.
judge Stevens- counsel approach.

Except that I don't believe that any of Nurmi's clients are on speaking terms with The Almighty.

 

[PrincessSezMe]

No what they're hoping for is a do over with a population that has been saturated with this trial coverage. A do over would mean they would get what Casey Anthony's Defense team was so lucky to get. A free pass to boot out any potential juror who had heard about the case. With those type of limitations you by nature will seat a jury who is more skeptical and one who is less likely to trust and believe a states case. Which is how Casey Anthony scored with her ridiculous Pinellas 12. Couple the Pinellas 12 and them being sequestered and you have a recipe for disaster, well for the state anyway. Unfortunately for the State of Floridia that case was lost before it ever began. And that's what Jodi's DT is hoping for. To start over again with the odds in their favor in terms of seating a jury with a more favorable profile. I.e. Dumb and skeptical.

But the evidence in this case is pretty compelling don't you think? In the Florida case (which shall not be named lol), there was no body evidence and no apparent cause of death. Both those things are present in this case, plus the DNA evidence, photos and the defendant's confession to the whole thing. I see your point about jury bias, but I can't see any jury on earth turning her out on the street a free woman no matter how unbiased they are.

I understand what you're saying, but I don't think the judge is going to grant a mistrial based on the fluff that her DT is throwing out there. This trial will eventually be over (good lord KC's trial was only six weeks and it seemed like an eternity...this one has been going on for three months already :what.

Having you good peeps to talk to has been a blessing. It's the one reason I'm glad it's gone on as long as it has. I'll miss you guys when it's over . But I feel really bad for the family, and for them I want it to be overwith. They've had enough.


Edit: Trial been going on for three months not four. Still a LONG trial which is not nearly over yet.

 

[gngr~snap]

hmmmmmmmm......
HLN jury Jodi said she shot first 11/1 Travis was stabbed first.
If Jodi said it, they do not believe her.

Public 95% stabbed first 5% shot first.

Tonight was pretty good.

 

[Hatfield]

I can hear Jodi now......"I'll get you my pretty".

I have always thoght Jodi (the trial jodi) resembles the lady riding the bicycle that took Toto from Dorothy. (before she turned into the witch in the dream)

Just a strange scary resemblence to me. Must be a childhood bad dream I had :floorlaugh:

 

[cecybeans]

She asked Jodi to define '*advertiser censored*.' At least Jodi Ann THINKS she's narrowed down the meaney-pants juror with all the pointy questions and she wants her outta there. Just my theory but I'd put money on it.

Well if it's also true other jurors ratted her out it may be because she is one of the main authors of some of the unnecessary if (hilariously) pointed questions and they don't want her wasting any more time turning this into a courtroom catfight. I'm pretty sure JA's "presumption of innocence" has just about withered and died after all that egregiously specious testimony but they may not want to show their hand and risk a real mistrial because of one juror's indulgence in snarkitude.

 

[Sleuth5]

I have always thoght Jodi (the trial jodi) resembles the lady riding the bicycle that took Toto from Dorothy. (before she turned into the witch in the dream)

Just a strange scary resemblence to me. Must be a childhood bad dream I had :floorlaugh:

Pretty much. Boycie here runs when she's on TV, if that tells you anything.

 

[panthera]

hmmmmmmmm......
HLN jury Jodi said she shot first 11/1 Travis was stabbed first.
If Jodi said it they do not believe her.

Public 95% stabbed first 5% shot first.

Tonight was pretty good.

Yes it was. It appeared the jurors on the show were using common sense also. If JA says something, the opposite is true.



MOO

Until tomorrow evening, good night!
:seeya:

 

[Donnareit]

No mention of stalking or similar in the motion, fwiw.

The other motion.

 

[gngr~snap]

I have always thoght Jodi (the trial jodi) resembles the lady riding the bicycle that took Toto from Dorothy. (before she turned into the witch in the dream)

Just a strange scary resemblence to me. Must be a childhood bad dream I had :floorlaugh:

I got PTSD (kidding) from that movie. I saw it as the FOX THEATER in Atlanta when I was little.
Still panic during storms and tornado warnings!!!
It is always a "yellow knuckle"day for me when we have storms.

Why is the defense making her look like that?
Maybe it's the evil coming out?

IMO she did have some "lip collagen injections"?
Maybe she was on the "pill" and looked more feminine.

I just can't reconcile the change in that woman...
I bet she paid for a LOT of "treatments" in 2008.

moo

 

[cecybeans]

Considering how bad the nude photos of JA were that we saw: I had to wonder what was so much worse about the two with held that they weren't shown. She is just nasty!

I think I saw them on some random site with a lot of other gory photos of poor TA. Hers reminded me of a book I saw with color photos of various gynecological diseases (talk about a quick way to ruin dinner) or some kind of colonoscopy pix. Just the fact she was narcissistic enough to take them sorta proves to me she couldn't possibly have "low self esteem". Uckity yuckity is right!

 

[Karmady]

The other motion.

The aggravating factors motion? If so, that's the one I'm talking about.

 

[Maryann123]

My opinion is that Jodi took her own nude photos with the timer. The look on her face is of quickly getting into position before the timer went off, it was not a facial expression of posing.
It appears that Travis is asleep and woke up to the photo taking.

Jodi made sure to mention on the stand, that she did not know how to set the timer. Right there tells you she is making that up to cover up for the timer photos. What professional photographer can't figure out how to set a timer...

On another note, today, someone on HLN asked Mark Eiglarsh why Jodi did not just kill Travis when she arrived at Travis's home. She came with a gun and knew a roommate was home. She could not kill Travis with a gun with a roommate nearby.

You have touched on several things that I've wondered about. I thought she could have made her own naked pictures, too. I've also wondered if she set the camera on a timer to make pictures every 30 seconds or so, and that's the reason the camera kept making pictures after Travis was killed. I'm not sure if that's even possible, but it's something that keeps coming back to me. I think Jodi came there to kill Travis with a gun and a knife. I think she was giving Travis one last chance to change his mind and take her to Cancun. She tried to do it with sex, she tried to do it by talking to him, and she may have even used tears. When nothing worked, she put the plan into action. I think the gunshot came last. She had to go downstairs to put the things in the washer, so she knew the roommates were not home. She put that bullet in his head for good measure. Well, that's how I see it.