long weekend break: discuss the latest here #114

[Liebchenmutti]

That could be a hard one to sell to the jury.

(Arizona) Burglary in the first degree requires proof of the following two things:

1. A person entered or remained unlawfully in or on a residential structure; and
2. the person did so with the intent to commit any theft or felony therein, and
3. the person entered with or possessed therein a firearm or explosive.

Since Travis wanted Jodi to leave once she started attacking him, and the fact that she traveled to his home to kill him AND was armed with a firearm, she meets the requirment for burglary 1st degree.

I was wondering about what the State meant by burglary, too.

http://www.arizonastriallawyers.com/burglaryinthefirstdegree.htm

 

[The Farm]

Of all days I am so busy here at work and falling behind!!!! Trying, trying, trying!

 

[K_Z]

Does anyone know if the juror motion and the pros misconduct motion will be heard in open court? Has there been any talk about restricting cameras for those hearings?

 

[josie1986]

I think she was saying that he showed her about the safety switch or something like that when they went camping-not that they ever went shooting. Also, I found it interesting along with the water gun testimony she also said (paraphrashing) "I don't think I've ever even fired a gun". Now, I have never fired a gun myself and I am quite aware that I HAVE NEVER FIRED A GUN. Don't you think a person that can recall what leg she kicked the dog with would know whether or not she has fired a gun????:banghead:

yeah its not like "oh i cant remember if i turned the light off before going to bed" senario,shooting a gun is pretty big you'd remember that.

her life must have been so fun filled and jam packed with activities that she couldn't say for sure :facepalm:

 

[oceanblueeyes]

The DV expert is still being questioned by Willmott. I can't wait for JM!

Me either Rose but if the court is going to have a short week AGAIN!:banghead: I don't think we will get to see Juan until sometime next week.

I am going to do other things today instead of listening to ALV and JW drone on forever.

 

[TexMex]

(Arizona) Burglary in the first degree requires proof of the following two things:

1. A person entered or remained unlawfully in or on a residential structure; and
2. the person did so with the intent to commit any theft or felony therein, and
3. the person entered with or possessed therein a firearm or explosive.

Since Travis wanted Jodi to leave once she started attacking him, and the fact that she traveled to his home to kill him AND was armed with a firearm, she meets the requirment for burglary 1st degree.

I was wondering about what the State meant by burglary, too.

http://www.arizonastriallawyers.com/burglaryinthefirstdegree.htm

Exactly why the story now is she found the gun cleaning, remembered it while fearing for her life, jumped up on the shelving and pointed it at him and it "went off!"

 

[Renee110]

JA said she owes him a lot of money. If nothing else, maybe he wants that back and he knows he won't get it WHEN she goes to prison.

I really don't believe that reason above is enough incentive to perjure himself and help a murderer go free. We aren't talking about millions here. I don't think a lot of money to JA is the same as a lot of money to me.

 

[rose222]

First we need to get thru all the juror stuff so my guess is we won't see anything until next week:banghead:

Nah. We'll have testimony today, hopefully!

 

[Liebchenmutti]

I thought it was felony murder.

When the Judge ruled against Nurmi when he wanted this charge tossed she did not mention a burglary.

She said even when someone is invited into a home once they begin to assault the homeowner they are no longer considered an invited guest. They would be committing a felony assault that resulted in murder.

IMO

It is felony murder with the predicate felony being burglary.

 

[gauntlet]

So court starts with the juror issue then goes onto Autograph issue. ALV won't be on the stand till after lunch, and then Wilmott will spend the afternoon rehashing what they talked about last week.

From @wildabouttrial Grace Wong from InSession takes the stand about the Juan autograph incident.

 

[Liebchenmutti]

Exactly why the story now is she found the gun cleaning, remembered it while fearing for her life, jumped up on the shelving and pointed it at him and it "went off!"

Yes! That pesky little gun that was unloaded, loaded, in a box, in a holster, not in a holster, pointed at Travis under her "philosophy" that "if a gun were pointed at me, I'd stop," AND that "just went off."

I HATE when I handle an unloaded gun and it goes off without me pulling the trigger. That same thing happened to Betty Broderick!

ALSO: I hate when someone shoots me in the head with a small caliber gun--all that brain damage and death makes me ANGRY.

 

[Juli]

:dunno: I would not think that is legal.

After some major soul searching... I am certain (if it were me,
my daughter, that I could NOT be there EVERY day.)

I am not sure I could be there at all.
It is just so against everything I stand for and everything
that I have taught my kids...

Bless her heart. It must be very hard to sit there and hold her head up at times.
I wonder if this is why we see odd behavior.

I am pretty sure if my kid killed someone like this I would just die right there on the spot when I found out.

Her dad was hospitalized the day she was arrested.
I have to wonder was it relief that she was behind bars?
That his family was finally safe, the reality of what she had done?
After all they did tell detectives they thought she was capable of doing it....

:banghead: agghhh can't think about it anymore!

I'm with you. Not only wouldn't I go everyday, but I wouldn't go at all. At some point when a child is an adult, I think it's okay to let them suffer the consequences on their own. I think being there shows support, so if the evidence was overwhelming, I don't think I could enter the land of denial and be present on their behalf. It may sound selfish, but I feel I have a right to a normal life outside of my childrens' legal / money / *insert any number of possible problems* and they're not even close to JA's age yet.

Like you, I think I'd die right there on the spot as well. How horrifyingly shocking! I can't even imagine.

 

[Hopeful One]

The .25 is an old caliber, following on a tradition of "vest pocket" guns. The Colt version dates from about 1905. You know, back when horses and steamships were the way to get around. It's not the sort of thing that a guy familiar with contemporary (or "contemporaneous", if you are Jodi Arias) guns but not the history of them would necessarily be familiar with.

And it's certainly not the sort of thing a shooting range used to renting out guns that are fun to shoot, would have for rent.

Basically, the .25 pistol is the gun equivalent of riding a moped: Maybe it's fun, but you don't want your biker friends seeing you do it.

Oh wait, the .25 is not fun, so even that doesn't work.

I will invent the designation "3 G Gun" for a gun like the .25, intended for girls, gamblers and grandparents.

So if granny likes likes bingo and packing heat, there you go, trifecta.

:giggle:

Thanks for the info (and the laughs)!

 

[Joan (Canada)]

Good morning from Canada. Stalking for a long time, but have not commented. You are all so fast. I'm afraid by the time I get my message out there, you are all on another subject. LOL.
Just wondering, does anyone think that the reason all the jurors were questioned had anything to do with Jodi scrutinizing the jurors so closely in the last couple of weeks since apparently she heard someone laugh as they were leaving the courtroom. I know it supposedly about "Mr. Martinez's signing the cane, but her interest seems to have picked up re: the jury entering and leaving.:seeya::seeya:

 

[ClosArgs]

So court starts with the juror issue then goes onto Autograph issue. ALV won't be on the stand till after lunch, and then Wilmott will spend the afternoon rehashing what they talked about last week.

From @wildabouttrial Grace Wong from InSession takes the stand about the Juan autograph incident.

And imo there will be at least several stomach heaving hours where Wilmott will have ALV explaining the psychological reasons why an "abuse victim" over kills. Not testimony I'm looking forward to hearing.

 

[Liebchenmutti]

Thanks for this.
It seemed to be a cursory exam of kidneys, bladder, and prostate, and basically noted all were normal.

Doesn't seem like they can tell if he climaxed shortly before death.

Fascinating that it was noted that his "urinary bladder contains no urine", as they make a big thing out of the same finding in Reeva Steenkamp.

Maybe because Travis was nude and in the shower, it's probable that he released his bladder in the shower?

I know they use that to gauge time of death--if the person is killed in their sleep, the bladder tends to be fuller.

I hope someone here knows more than me!

 

[Love Never Fails]

Does anyone know if the juror motion and the pros misconduct motion will be heard in open court? Has there been any talk about restricting cameras for those hearings?

This judge in this trial has a record number of closed door meetings with attorneys in chambers. So my guess is it will not be heard in open court.

My opinion is that nothing will come of this. Nurmi is asking for a mistrial just about every week. The judge talked to the juror last Thursday. If juror 5 had done anything egregious the judge would have dismissed her at that time. I think Nurmi argued for it so the judge told him to file his papers to have the juror removed and she would review it this week. So I believe nothing will come of it and Tri color will stay. JMOO.

Nurmi's ship is sinking and since he and Wilmott both decided to trash Travis Alexander, their careers should sink right with it. Let's face it, the only gig that Jose Baez gets is from HLN or Geraldo Rivera. He is a nobody.

 

[cubbeegirl]

I thought it was felony murder.

When the Judge ruled against Nurmi when he wanted this charge tossed she did not mention a burglary.

She said even when someone is invited into a home once they begin to assault the homeowner they are no longer considered an invited guest. They would be committing a felony assault that resulted in murder.

IMO

This is how I understood it as well..

 

[Liebchenmutti]

Good morning from Canada. Stalking for a long time, but have not commented. You are all so fast. I'm afraid by the time I get my message out there, you are all on another subject. LOL.
Just wondering, does anyone think that the reason all the jurors were questioned had anything to do with Jodi scrutinizing the jurors so closely in the last couple of weeks since apparently she heard someone laugh as they were leaving the courtroom. I know it supposedly about "Mr. Martinez's signing the cane, but her interest seems to have picked up re: the jury entering and leaving.:seeya::seeya:

WELCOME!

I've seen a few posts about Jodi paying super close attention to the jury lately--she seems to have a new interest in them & watches them closely, talks to her DT about them too.

 

[Liebchenmutti]

I thought it was felony murder.

When the Judge ruled against Nurmi when he wanted this charge tossed she did not mention a burglary.

She said even when someone is invited into a home once they begin to assault the homeowner they are no longer considered an invited guest. They would be committing a felony assault that resulted in murder.

IMO

The univited guest part is the burglary.

"A person commits burglary in the second degree by entering or remaining unlawfully in or on a residential structure with the intent to commit any theft or any felony therein."