Retrial for Sentencing of Jodi Arias - 1/15 thru 1/20 Break

[Dr. Know?]

....?? What link, not sure what you're talking about

Thank you Truth. I was referring to the link about Jodi's civil case and Truth posted it. The facebook one.

The link to JA's civil case isn't available so I haven't any idea of what that is all about. There's a case though. (I dislike my phone, I can speak into it and wow it is a dumb recorder is all I can say)

Civil case number via Maricopa County Superior Court

CV2014-008356

It says when clicked on

Not all documents are posted to this website. Public records that are not available online are available from Clerk of the Superior Court locations throughout Maricopa County. Use of this website, its content, and its information is subject to Arizona Supreme Court Rule 123.
<< return to previous page

https://www.superiorcourt.maricopa....ults.asp?lastName=arias&FirstName=jodi&bName=

Rule 123

http://www.azcourts.gov/Portals/74/Rule123/Rule 123 Rules of the Supreme Court.pdf

 

[Dr. Know?]

Searches are coming up with appeal links. Motions are slammed down until tomorrow morning at least or late tonight. I'm not a court house junkie, but I try to know where info is in the state. It actually helped me to prevent a loved one from being with someone. Not a good day back then, but the loved one was happy & glad not to have trusted the person. That person had been released from prison after 18 years for murder. First impression, you'd never guess that.

It's a job but someone has to do it...lol

 

[Val1]

Jodi said the last three journals covered the time for August 2007 when she moved to Mesa until a few days before she was arrested. She pointed them out to Flores, and where he could find them.

I know she list July 27th as being in Palm Desert at the house, and the next is August 2 and she over at the Freeman's watching movies. In there somewhere she says she going to live in Mesa. But she seems to cram things in between dates, so it's confusing at times.

BBM - Just to add to this, according to the Nov.3/14 transcript:

http://archive.azcentral.com/ic/pdf/arias-transcript2.pdf

-started journaling at age 8
-8 through highschool(just a warning to all her maryjane friends?)
-bit in upper 20's(warning to those pesky cheating ex-bf's?)
-27 on.

 

[cindymac]

I don't hold some facts to be more valuable than other facts. I put all facts in the same bucket. They are what they are. When someone says Arias will kill someone inside prison because that's who she is, I look at what's occurred in the years she's been incarcerated. No one has been killed. That's a fact, not an opinion. Someone may think they know what the future holds and claim they know what Arias will do in the future, but they don't. None of us do. I'm interested in proof and facts and I do hold those as more valuable than speculation and opinions. It's proof and facts and evidence that are the gold standard in cases and it's what gets killers convicted, thus it's what I look at.

Personally, I do place different values on different facts, and essentially that's what a jury does: evaluate the facts, and ultimately it's the facts which they personally feel have the greatest weight or value which will have the greatest impact on their verdict. In crime shows jurors typically have no problem recalling a particular fact or piece of evidence which did just that - was the most valuable in helping them to reach a verdict.

Regarding whether or not Arias will kill again, the fact that she hasn't thus far doesn't preclude the possibility that she might. As you say, no one's able to predict the future with 100% certainty, either way. And in expressing an opinion that she will, I don't think anyone's claiming they can. After all, 100% certainty is not a prerequisite of opinions - opinions are implicitly imbued with a greater or lesser degree of uncertainty, which is why even jurors are not required to be 100% certain in rendering a verdict.

For myself, the fact that Arias hasn't killed in prison is rendered meaningless by the fact that her capacity to kill has been limited by close confinement.

 

[Val1]

With no lock and the doors hanging open.

I'm trying really really hard not to respond to any of these... you guys are making me choke, lol.

 

[cindymac]

ive always attributed the extra money she had on her to turning tricks whenever and wherever she needed it. i have also always wondered that before she went to mesa to fullfill her final chapter with travis, she borrowed money off of paul stern in that cafe, or whatever it was, and told him she needed to go to mesa and fix things with her boyfriend. on her way she made 3 deposits totalling what - $7-800 ? i've never read anywhere how she came up with the money to pay him back when she got back to yreka. he was on hln stating that she did pay him back. and we know there was only a short period of time before she was arrested, so its not like she was holding a job and earned that much money to pay him back. any ideas? maybe she hacked travis's bank accts after she murdered him, and if thats the case, wouldnt that be in the testimony? always wondered where she got the money to pay him back.

Well, I can think of one way she might have paid Paul Stern back. Another incident that's always stuck in my mind is the tow-truck driver who drove her 5 miles or so to some eatery. Arias makes a big point of how she'd checked that he was married and so forth (because as we all know, strangers aren't dangerous if they're married) which sets off my alarms bells. When she says things like this, and gets into all sorts of superfluous details, it's a cover up for... something.

 

[Sedonia Sunset]

Ok here is my opinion regarding the gun that was found in the rental car.

Jodi had the gun and knives in that rental car to throw PD off. She new gun and knives test results would not be the same as the ones she actually used to kill travis with. JMO

I think the average person (even the average EVIL person) would throw them off by not HAVING any knives and guns in their possession if they knew there was a good chance they would be apprehended and/or searched. All having them with her did was prove that she has a penchant for having/using/intending to use knives and guns.

 

[cindymac]

Does anyone remember the year Jodi Ann was hired at Ventana? TIA. Just an FYI, I have never believed that Jodi and Daryl waited until Daryl stepped down as her boss to start their affair, or that they waited an entire year after her hiring to begin sleeping together.

According to a Matthew Millea, who says he was the Exec Chef at Ventana, you're quite right. There's a post by him just over half way down this page, together with details of a violent outburst by Arias:
https://mainstreamfair.wordpress.com/2013/01/26/jodi-arias-trial-page-three/
(I'd copy the whole thing but not sure if that's allowed).

 

[cindymac]

But it's not the poor defendant's fault her atty is stubborn. In fact she tried to get him removed and the judge refused, so she would certainly have grounds.

Nurmi and Willmott are not going to sacrifice their entire careers (by being declared "ineffective") just to help Arias get an Appeal. Not that an appeal would have a chance.

 

[cindymac]

This is what i'm thinking is the strategy.

If they don't testify for whatever lame reason, Jodi won't testify.

If she doesn't testify, then, only then, she may say she never had a fair trial because she never had the chance to testify because her witnesses' couldn't.

Well she can say it, but it won't fly. Neither Arias herself, nor her phantom witnesses need to testify in person. One of the options is that their testimony can be introduced through other witnesses. For instance, Maria de la Rosa can speak for Arias, by relating the facts (ahem) that Arias would otherwise have introduced herself.

 

[cindymac]

Here's my concern, and confusion. Nurmi has made a big issue out of 14 witnesses that are not willing to testify. He has been given numerous way for them to testify, but as far as we know he has done nothing to compel them to testify. From the link below is the definition of ineffective counsel is: Ineffective assistance of counsel at trial and on direct appeal violates the Sixth Amendment right to a fair trial. In analyzing an ineffective assistance of counsel claim, the overriding concern is to determine whether counsel's conduct so undermined the functioning of the adversary process that the trial cannot be relied upon as having produced a just result. http://www.lectlaw.com/def/i083.htm
I know there is a lot going on behind closed doors, but I don't see how it cannot be ineffective counsel if he is given remedies to get the witnesses to testify and he chooses not to.

BBM
In other words, to succeed it must be proven that failing to call the 14 witnesses made a difference to the outcome of the penalty retrial. This is extremely difficult to do, which is why (as LinasK pointed out) lawyers can literally be asleep in court, rolling drunk etc. and an effective counsel appeal will still be denied.

And really, if these witnesses had anything of true value if terms of helping Arias evade the death penalty, you can be quite sure Nurmi would be pulling out all the stops - using the many options available - to include their testimony. After all, their objective - for their own sakes as well as Arias' - is to win. And the fact that he hasn't done this suggest that their testimony is no great loss - that it would not have made a material difference to the outcome.

 

[T-4-2]

BBM - Not sure how much of her "relationship experience" was personal vs from books, interviews, lectures, etc. Just sayin'...

Sorry, my bad. The "grown woman" I'm referring to is Jodi (as depicted in ALV's testimony).

 

[katydid23]

Nurmi is in a weird situation, imo. It is hard because mitigation witnesses that speak on behalf of a defendant, like childhood friends, and co-workers, are supposedly there willingly because they 'care so much' about them. They are supposed to say ' wow, my life long friend is such a kind, loving, caring person. I just cannot believe what happened.' Family members are supposed to say " I don't care what people think, I am going to tell the truth about what a wonderful, amazing person my sister is and always was. She does not deserve to be put to death."

But now Nurmi is faced with a couple of bad possibilities. 1] He does not really have anyone credible or upstanding that wants to testify OR-- 2] He has a few possible witnesses, but they do not want anyone to know they are vouching for her. lol [ that kind of takes away the credibility of the testimony if you don't want anyone to know that you think she is a good person...lol]

 

[knt42]

What does the below mean?

1/20/2015 002 - ME - Hearing Vacated - party (001)

 

[bsk]

1. The judge doesn't decide for the DT who will or will not testify.
2. There aren't 14 reluctant mitigation witnesses.
3. There might be a couple of witnesses who will present via affadavit or the like. Or not. If not, it will be for strategic reasons that have nothing to do with laying the groundwork for an ineffective counsel appeal.
4. Failure by counsel to do adequate mitigation is grounds for successful appeal. But what is most often meant by that is a DT either didn't investigate possible mitigators or it failed to present significant mitigating evidence.

Worry if you so choose, but there's no point in it. This DT has gone above and beyond to investigate, create, and present mitigation. Not hearing imaginary friends praise her tracings just isn't relevant.

Adding. Reread JSS ruling. She states explicitly that the DT has already brought testimony in from one or more of those nameless witnesses via the testimony of Dr. F and Dr. Geffner.

That's the most painless route of all for the DT and they've used it.

Thanks - That makes me feel better. I'm extremely cynical by nature, so it's easy for me to think that the DT is trying to lay a trap to be sprung in the future. JSS is no dummy of course and knows how those games work, so she is trying to make sure that she has laid the groundwork needed so if a DP sentence is eventually returned that it will survive all those sorts of games.

I thought she might need to push harder, but maybe not from what you are saying. The DT is getting all its whining on the record in the hope that it helps down the line, but it sounds like JSS is also putting all the right sorts of things on the record to counteract that strategy.

Thanks again for the insight!

 

[bsk]

Nurmi is in a weird situation, imo. It is hard because mitigation witnesses that speak on behalf of a defendant, like childhood friends, and co-workers, are supposedly there willingly because they 'care so much' about them. They are supposed to say ' wow, my life long friend is such a kind, loving, caring person. I just cannot believe what happened.' Family members are supposed to say " I don't care what people think, I am going to tell the truth about what a wonderful, amazing person my sister is and always was. She does not deserve to be put to death."

But now Nurmi is faced with a couple of bad possibilities. 1] He does not really have anyone credible or upstanding that wants to testify OR-- 2] He has a few possible witnesses, but they do not want anyone to know they are vouching for her. lol [ that kind of takes away the credibility of the testimony if you don't want anyone to know that you think she is a good person...lol]

I've wondered too whether that is noticeable to the jury. It's not like she's old and many of her friends may have died off. She's young and you would think various people who actually knew her would be itching to speak up on her behalf - if they liked her and believed anything she was saying. I guess that last part limits the pool by about 99.98%. The jury isn't hearing any of the nonsense about witnesses afraid to testify etc. - all they see is that no one who knew her personally is doing as you said, which must seem really weird or even eerie.

 

[Nali87]

I say call ALL her friends. Call all of them especially those supporting fans of hers, like that Donovan lady person. Let them testify behind curtains and then ask them what Jodi has been up to while supposedly being in fear for her life and full of remorse. Let's talk fundraising! And facebook/twitter posts!

 

[ZoeyW]

It is very common for a defendant to make a claim of ineffective counsel. It is RARELY ever successful. Jodi Arias has had very zealous attorneys who have, much to trial watchers frustration, left no stone un-turned. She will never prevail on that issue. I am certain of it.

Unlike the first time when
according to Jodi in her interview with Troy, Mom had written a letter she wanted to read to the jury
"My dad was fired up. He wanted to testify", and
according to what Daryl Brewer told the reporter HE called asking to be interviewed, he was there ready willing and very much wanting to take the stand and her lawyers told him for strategic reasons THEY decided not to call any witnesses in mitigation.........

unlike that ......

this time they have put up a comprehensive mitigation case with two experts who opined on every matter of her life since early childhood
One of Nurmi/Jen's phantom 14 is Jodi's brother.
Jodi Arias' experts got in his would be testimony by letting the jury know that in an interview what he felt about the discipline in the house
Between the sexpert and Geff, every breath she took beginning with It all started when the younger siblings were born ......was testified to

They referenced interviews they read of Matt McCartney, Daryl Brewer, Mom, Brother, Dad, Co Workers

They even heard from Jodi Arias herself

Remain calm, yes she will make all the perfunctory claims for appeal but the chance of her prevailing on the matter of ineffective counsel is remote. Indeed.

Legally Speaking, what is up next in the trial by local attorney Monica Lindstom ( she attends the trial and tweets, opines for a local news station )
She comments on the many sides of Jodi Arias , the meek side she presents in court vs the master manipulator

http://ktar.com/305/1800120/Legally-Speaking-What-is-on-tap-next-in-the-Jodi-Arias-case

 

[Nali87]

It is very common for a defendant to make a claim of ineffective counsel. It is RARELY ever successful. Jodi Arias has had very zealous attorneys who have, much to trial watchers frustration, left no stone un-turned. She will never prevail on that issue. I am certain of it.

Unlike the first time when
according to Jodi in her interview with Troy, Mom had written a letter she wanted to read to the jury
"My dad was fired up. He wanted to testify", and
according to what Daryl Brewer told the reporter HE called asking to be interviewed, he was there ready willing and very much wanting to take the stand and her lawyers told him for strategic reasons THEY decided not to call any witnesses in mitigation.........

unlike that ......

this time they have put up a comprehensive mitigation case with two experts who opined on every matter of her life since early childhood
One of Nurmi/Jen's phantom 14 is Jodi's brother.
Jodi Arias' experts got in his would be testimony by letting the jury know that in an interview what he felt about the discipline in the house
Between the sexpert and Geff, every breath she took beginning with It all started when the younger siblings were born ......was testified to

They referenced interviews they read of Matt McCartney, Daryl Brewer, Mom, Brother, Dad, Co Workers

They even heard from Jodi Arias herself

Remain calm, yes she will make all the perfunctory claims for appeal but the chance of her prevailing on the matter of ineffective counsel is remote. Indeed.

Legally Speaking, what is up next in the trial by local attorney Monica Lindstom ( she attends the trial and tweets, opines for a local news station )

http://ktar.com/305/1800120/Legally-Speaking-What-is-on-tap-next-in-the-Jodi-Arias-case

Getting the testimony in via the experts was a smart thing to do for the defense. Juan doesn't get to cross examine any of the actual persons that were interviewer. Like you said; the DT don't need any more witnesses, Nurmi is just playing games.

 

[ZoeyW]

Everyone gave a heavy sigh that Dr. Geffner is still up , and will still be going over Jodi Arias diaries and every breath she ever took. The good news is that because he and the sexpert reviewed interviews and even did some of their own.....the opinions of Jodi's family, her old boyfriends, some co workers and managers as well as a couple of her friends all have made it in front of the jury. This takes the argument away about the jury not being able to understand Jodi Arias' mitigation issues.


The better news is there is no door they did not open. Juan Martinez is permitted to rebut each and every point they touched on. HE WILL. He has a couple of Travis' friends, and experts of his own he will call. The rules are much more relaxed in this phase as far as hearsay. Dr. De Marte is going to clear up the fog, real or imagined.



http://youtu.be/M8XEK-B6OOI?t=37m56s

during the VERY early months of their relationship, Travis held a very uniformed view of #JodiArias. Of course that changed dramatically to the point where he was predicted she would murder him to Dr. Karl Hiatt, "Don't be surprised if I am found dead one day at Jodi's hand"

http://youtu.be/i7jIBp5-mas


Dr. DeMarte will explain that Travis' friends, save for Lisa, did know he was having a sexual relationship with JA. They have opined publicly and revealed they knew she had him twisted with the wild sex and they often advised him that though she may be great in bed, she was dangerously unhinged and becoming a fatal attraction.

http://www.websleuths.com/forums/sh...on-True-Crime-Radio&amp;p=9374239#post9374239

Dr. DeMarte will explain that JodiArias stalking of her boyfriends began at age 15, NOT with Travis. Likewise, her enjoying kinky sex, braids , etc dates back to Bobby who by the way Jodi studied the occult and vampire chasing with.

Dr. DeMarte can explain that Jodi's conversion to become Mormon was not sincere. Abe explained that She made fun of the entire conversion AFTER being baptized by saying "She was dabbling in Mormonism".

http://youtu.be/6C19MywjPnc

(Apparently JodiArias' sexpert did not understand that not only was Jodi dating other men while she was trying to get Chris and Sky to shame Travis into committing to her, she was indeed still living and sleeping with Darrell Brewer.
Here Chris Hughes explains

http://t.co/sTBWD8mV7W

Dr. DeMarte will help jury see Jodi Arias as less than human with the extreme goal directed planning of her revenge, all of the higher functioning planning she did before, during and after the murder.

Juan may play clips of Jacob Mefford's testimony where he shows Jodi Arias on the lap of Travis in a hotel, in front of his very closest buddies, and the picture Jacob testified to of Jodi in a Hyatt bathrobe, getting a kiss from Travis, in the doorway of his HOTEL ROOM. This makes it very obvious the friends knew they were having a sexual relationship. She was not playing church bingo in a bath robe in a hotel room. THEY POSED FOR THE PHOTO. Travis was actually, proud to show Jodi off to his friends, UNTIL he started realizing her mental instability.

Here is Jacob's testimony

http://youtu.be/3KSpVrL4H7Q?list=PL_Rz53XTtnkEf4qetcdaEwSY00mKCOoYo

Dr. De Marte will explain that NONE of Travis' other friends or girlfriends, NOT ONE, has ever said Travis abused them, mentally, emotionally, physically, or sexually. Indeed both Deanna and Lisa testified he was a gentleman that they loved, trusted and respected who treated them well. With them he had NO kinky or unacceptable sexual nonsense. This will make it clear that JODI ARIAS liked it, asked for it. Literally she sent him text asking him to ejaculate on her face, for example.

"That is so debasing. I LIKE IT" is a quote Dr. DeMarte will expand upon.

Here is Deanna on Dr. Drew explaining how she caught JodiArias breaking into Travis' home while he was on a trip, making herself at home there, baking cookies, AND ON TRAVIS' LAPTOP. ( Travis had asked Deanna to go feed his dog everyday while he was gone, she arrived one day and found JODI in there, without Travis' permission )

http://youtu.be/Wv38JlANzDM

Here is Deanna Reid's testimony

http://youtu.be/sAv-cvfUZbU?t=42m33s

Here is Lisa Andrews explaining JodiArias followed her and Travis, stalked them when they were together, slashed Travis' tires, two days in row, etc

http://youtu.be/7tEkt5ChAco She and Travis DID call the police



Dr. Demarte will explain to the jury the TRUTH of the ever changing relationship between Travis and Jodi, not just the first couple of months that Nurmi asked his expert about.

Chris and Sky's interviews she reviewed she can opine on, even if she didn't interview them herself. As you know Chris and Sky turn what Jodi's experts opine....on its head. http://youtu.be/W2qr05dBgsg

http://www.investigationdiscovery.com/tv-shows/deadly-sins/videos/romance-off-the-rails.htm "Travis I am afraid we are going to find you chopped up in her freezer" Sky Hughes tried to warn her dear friend. This is a FAR cry from the Chris/Sky who only knew her for three months during the time of the emails Jodi's experts testified for weeks about. The jury is about to hear THE TRUTH.

It is going to be the calm after the storm in that Maricopa courthouse. Just knowing she is on tap makes one exhale in relief. Anticipating Juan Martinez's zeal on cross with Geffner and his rebuttal case makes me smile with confidence. Big! I like to say Juan Martinez is about to blow the roof off that place. I already have Queen's "Another One Bites the Dust" cued up, good to go with my volume turned way up high.