Retrial for Sentencing of Jodi Arias - 1/9-1/12 Break

[bznbear]

IMO The defendant could come up with a heck of a lot- and did- wether she was just getting started and was thwarted by the media's intervention remains to be seen, but I think this time around she was going to leave NO questions in this new jury's mind as to mitigation.

She will do ANYTHING (again, IMO) to not be sentenced to death. Her Achilles heel- for whatever reason. I am beginning to think that the reason is nothing more than her REPUTATION- she does NOT want to be a convicted murderer, on death row. She knows damn well she will never be put to death and she would probably prefer to be separated from other female inmates- we all know how she feels about other women.

I think her secret testimony will shock even me- and I am thinking it was pretty bad.

It will be interesting to see if she pre-empts the testimony to her minions. That will say a lot to me.

I could be totally wrong but I don't think so.

Bring on those transcripts. If I wasn't in California I would be driving to the courthouse myself today. I thought a lot about a visit to Phoenix this weekend but my littlest one is in a soccer tournament this weekend and next (last weekend too)!

Morning everyone, BTW!

I believe this as well. To be sentenced to death for her is the ultimate "de-edification".

 

[LinasK]

Something in my gut tells me this all ends Monday when the judge takes the DP off the table. At this point, I don't even care, I just want it over ASAP.

Don't plan on JSS taking the DP off the table, she won't do it, she's not in the DT's pocket.

JSS can't take the DP off the table "just because". There have to be actual legal reasons for doing so, supported by fact. So on what basis do you think she's going to do this, and supported by what proven facts? Personally, I can't see any at all.

There is no evidence of prosecutorial misconduct - only unproven allegations.

There is ZERO evidence of child *advertiser censored*.

There's a grand total of ONE *advertiser censored* link that Travis *allegedly* clicked on, but didn't actually search for.

(Even if there was godzilllions of *advertiser censored*, defense would have to prove that it made a substantive difference for it to matter at all, let alone justify removal of the death penalty.)

There are plenty of ways for witnesses to testify anonymously without banning the public/media - it is not a case of total secrecy or nothing at all.

The Court of Appeals and Supreme Court have ruled that Arias does not have a need or right to testify in secret. What she decides to do now is totally up to her. What she can't do is say she was forced to stay silent, because that's not true - the higher courts have found that testifying in open court will not harm her right to a fair trial by an impartial jury in any way.

 

[Hope4More]

Right. The letter of the law is that they don't have to disclose things that are not materially different from other things. There is no material difference between the two images because all the things the defense found on the 2009 image were also on the 2008 image.

Thanks. Just had reread BK's notes from yesterday. Nurmi definitely argued explicitly that there was a material difference between the two clones, that the State failed to disclose the difference, and that JA was prejudiced by that failure.

I think excluded from Tweets was JSS's question to JM, whether or not Melandez had mentioned the 2008 image in his police report, or to the DT when he was questioned by them. (I find that a little worrisome, as she seems to be investigating disclosure of the 2008 drive).

JM responded that he didn't record the interview and didn't remember/know if MM had mentioned the drive. He also threw in right after that his belief there had been no prejudice.

 

[LinasK]

I was just reading comments on a news site, and someone commented that JSS didn't allow the cameras in because of the way she looked on camera.

Wow. She really went down the rabbit hole with that one, IMO. Now Nurmi is taking advantage of this ruling by wanting everyone testify in secret.

No, it's not because of JSS, she allowed cameras the next day. That's just silly! It was because Pseudonym a.k.a John Smith asked to testify in private, that's why no cameras that day.

 

[MarVa]

I believe this as well. To be sentenced to death for her is the ultimate "de-edification".

The death penalty will signify a complete loss to Juan Martinez and the Alexander family. She will be totally conquered. She desperately wants to avoid it so she can maintain a partial victory. It's all she has left and is important to her twisted sense of self.

 

[LinasK]

the importance, if any, of the pairs of sunscreen and facial cleansers is the travel size itself. They are plane friendly and we already know she travels with full size toiletries on road trips. JMO

Oooh, good point! To meet TSA requirements for carry on bottle, they can only hold a few oz like 3-5 oz. per bottle. I think the sunscreen was for Cancun.

 

[Hope4More]

My bet for Monday....DP remains on table. JSS expresses concern that the 2008 mirror drive wasn't turned over to the DT before the first trial, but rules the DT hasn't demonstrated this failure has any bearing on the sentencing phase, especially as the DT has presented the issue to the current jury; that the matter can more properly be addressed in the appeals process, should the DT choose to pursue it.

 

[Nosey Parker]

I grant that I'm usually wrong, and I await AZL's gentle correction, but I have a theory concerning Nurmi and an alternative to his 'difficult' and 'disappearing' mitigation witnesses.

If MDLR has been doing the job that the Arizona tax payers have been paying for, she should have been the one to unearth and interview these mysterious witnesses - friends, co-workers and family members - concerning any impact on Arias' earlier life, and what a darling little angel she was, pre-Travis.

After reading up on the role of a Mitigation Specialist, it appears that she can testify to her findings. Why then is Nurmi not putting MDLR on the stand to relate what these 11-14 invisible witnesses revealed to her?

Because, I predict, she is the one receiving threats and harassment on line (we know she took out a restraining order against a Mr. W.) but, more importantly, remember 'Trial Diaries' reporting from the earlier Prosecutorial Hearing, tweeted:

"Juan -- This Mitigation Specialist that goes by cougarluscious has leaked info to Michael Kiefer and others constantly through out this case."

A subtle warning from the master of prosecutors.

MDLR put herself up against Juan? Not in a million years - Arias' life be damned!

 

[LinasK]

Trying not to read too much into this, but there's nothing on the Court Calendar for this case on 1/20.

In fact, I don't see so much as a status conference for the next three weeks.

Trial continuation on Monday, 1/12, is the only event currently on the calendar.

Don't. It means nothing more than they are bad at updating their calendars. Same thing happened last week. It's no foreshadowing that JSS will drop the DP and this phase will be over.

 

[bznbear]

BBM <---And that's why they shouldn't be called to testify as an expert witness. The defense is supposed to hire witnesses that can testify and whose credentials are known and accredited... experts IOW. If this was the only witness they had that knew anything and couldn't put him on the stand in open court, JSS should have told them it wasn't going to happen. Secret witnesses, secret testimony, secret sidebars, secret motions and secret rulings, and now secret identify & credentials for an "expert". Wonder if the jury will be able to divulge the sentence, if and when they ever get a chance to deliberate?

Exactly! Why didn't they just retain a genuine no BS computer forensics person instead of all these off-the-wall guys, audio/vid emmy guy and data scientist? Really, JSS should tell Nurmi, look no more whining! Theyre your experts, you hired em!

 

[bsk]

Thank you for this. That there were *advertiser censored* files in the 2009 registry the DT didn't find seems entirely material as to whether or not the lack of the 2008 mirror image prejudiced JA.

But I keep asking about the letter of the law anyway, because these are the kind of technicalities addressed in appeals. In this case, regardless of what could or could not have been gained by the DT if they possessed the 2008 mirror image, was it the State's obligation to turn it over without being asked.

BBM - To be technical, there are not "files" in the registry, just text. This page starting about halfway down talks a little about the contents of the registry.
http://www.outertech.com/en/windows-registry-faq-and-howto-tutorial

Lots of it is related to machine and application settings, but the sorts of things that could be examined might be recent Windows search history, paths and names of documents accessed recently, maybe some URLs accessed recently (though I'm not sure whether that gets stored in the registry), and so on.

There are many thousands of entries. If you've ever tried to clean out all the carp something like Symantec or HP puts in there it's enough to drive you crazy. Trojan programs and malware can stick things in there if you trigger one to keep restarting itself, downloading things, etc. It's very complex to root out that out that sort of things once it's there.

 

[Dmacky]

Sorry about changing the subject for just a minute or two, but I found this older "opinion" from a guy that wrote this last year in April of 2013. It was in my *favorites list, that I am cleaning out by deleting 3/4 of.
Feel free to skip. I know we have discussed this a few times, but I just wanted to post a copy of it here before I deleted it.

http://www.***************/show/n_1rjubmn
>insert twitlonger . com where the stars are

Did #jodiarias script TA pedo story from friend who shot himslf on 7/15 b/c he was attracted to boys & afraid to act out?

My disclaimer right away is that I do not want to diminish or disrespect this family’s grief in any way. I am merely posing a possibility that I haven’t heard considered yet.

That said, I believe that Jodi Arias used the intimate details of her friend Joshua Freeman’s struggle with alleged pedophilia as the script for her accusations against Travis.

Here is why:

I. The Freeman family was VERY close to Jodi. Daniel and Desiree Freeman testified to this for the defense. Jodi spent a lot of time with them and we know she was grieving at their house in the days following Travis’ death. I have also been told both of them visit or have visited Jodi in jail.

II. Joshua Freeman, Daniel and Desiree's brother, was the closest to Jodi. He had been sexually abused by a neighbor as a young boy and was tormented by inclinations inside himself. He was afraid he couldn’t control things he'd done and what was brewing.

III. Joshua purchased a small handgun in the days leading to his death (perhaps Jodi was with him and this is when she bought the 9mm she was going to run away with)

IV. Jodi was arrested on Tuesday, July 15, 2008.

V. Joshua shot himself on Tuesday, July 15, 2008

VI. Joshua Freeman’s suicide note:

"My dear family: This note will be my farewell to you... by the time you read this I will have already ended my life. I cannot ask you to forgive me for what I have done, but please allow me to explain.

"You know very well the struggle that I have been facing. I have spent the past year experiencing what I can only describe as 'hell', As I have said many times before, I would rather die than ever hurt a child.

"I'm certain the question you're asking is "Why didn't you keep fighting?' Why did I choose to end my life now? Because I refuse to allow my personality, my desires, to be twisted by this sickness. I have chosen the excise this cancer in the only way I know how. If I must go to hell, then I will go on my own terms. I will go selfishly and stupidly perhaps, but as one who was willing to give up EVERYTHING to keep his promise."

VII. As sad as this all is, I have no doubt that he confided some very intimate details to Jodi as he was getting ready to end his life. In fact, the Freeman family was dealing with his struggle openly - seeking help for their son within the LDS community & psychologists. I believe Jodi went so far as to draw parallels between Joshua’s struggles as a possible script for writing those fake pedo letters. If Jodi ever had those “self-help” brochures she was going to give Travis, it was likely ones she got from Joshua before he sadly committed suicide.

So my questions is: Has the prosecution explored this as a possible source for JA’s pedophile allegations against Travis? Is it worth looking at this stage in the game? If not, I still find it hard to shake the notion as something that is completely plausible given the poisoned mind of Jodi Arias.

Maybe I’m reaching here, but I don’t think so.

Here are a few links if you want to learn more about Joshua Freeman’s death & foundation.

Links:
FB page talking about the suicide here: https://www.facebook.com/notes/desir...er/21019971493

The CaringBridge website where his death is discussed here: http://www.caringbridge.org/visit/joshuafreeman

 

[ILikeToBendPages]

You would think that would of been one thing you'd check off of your list of things to do when you're in a death penalty case and fighting for your client's life? Especially, when coming into a case later. Don't you double check and correlate the previous defense attorney's files handed over to you with your own?


Nurmi and Wilmont each had a responsibility to give Jodi effective consul and they failed in not asking and not following up. They can't blame Juan for this. The state has no obligation to do their job for them.

 

[rose222]

I don't think this Judge buys Arias' 'The simple reason is Travis abused/attacked me and I defended myself' excuse. However, I am wondering whether she believes Arias' latest abuse story (child abuse?) and that it is a valid mitigating factor? Perhaps this is the reason that the Judge believes in Arias' right to secrecy. If Arias' latest story involves her father--and I think it does--then perhaps the Judge is reluctant to release the transcripts because of the potential effect it might have on him? Just trying to see some logic in her rulings.

 

[Hatfield]

Thank you for this. That there were *advertiser censored* files in the 2009 registry the DT didn't find seems entirely material as to whether or not the lack of the 2008 mirror image prejudiced JA.

But I keep asking about the letter of the law anyway, because these are the kind of technicalities addressed in appeals. In this case, regardless of what could or could not have been gained by the DT if they possessed the 2008 mirror image, was it the State's obligation to turn it over without being asked.

Thanks Hope, Mcbee, AZ, and others for this subject and path of previous posts as this was the sort of thing I was wondering about with what Nurmi alleged yesterday about the clone from the 18th.

I hope it is not a real issue for the courts. I do wonder why the Prosecution would not have just given the first original copy right at the beginning with normal discovery evidence turnover.
I always thought they would just provide all their evidence during discovery so it does make me wonder why the original clone was never turned over.

I hope this is not an issue regarding this case.
One thing I agree with Juan in his statement that it would not have mattered if original clone was provided because we can be pretty sure it would not contain unknown huge amounts of *advertiser censored* pictures or anything. This is because I think most of us have agreed the alleged *advertiser censored* were just URL links and most likely from virus or malware activity.

The reason we can be sure of this is there has not been 1 single *advertiser censored* photo shown to us. Besides the JA/Travis selfies.

I also think the reason why Nurmi would not show us pictures of the websites of where the links head to is because they are ever-changing. What any particular link would have showed back in 2008 can be much different than what that same link would show today. Plus it would hurt his case because then the jury would understand they are just "links" and not actually *advertiser censored* on his computer.

This whole *advertiser censored* thing is so silly because it is irrelevant and even some of the jury members I am sure have looked at *advertiser censored* on the computer.
Now, if there ever was child *advertiser censored* photos discovered on computer, that could possibly go a whole other direction, but of course Nurmi never provided evidence of that either and has in fact shyed away from those false allegations.

 

[mydirtysecret]

You would think that would of been one thing you'd check off of your list of things to do when you're in a death penalty case and fighting for your client's life? Especially, when coming into a case later. Don't you double check and correlate the previous defense attorney's files handed over to you with your own?


Nurmi and Wilmont each had a responsibility to give Jodi effective consul and they failed in not asking and not following up. They can't blame Juan for this. The state has no obligation to do their job for them.

Yup!!

 

[LinasK]

I don't think this Judge buys Arias' 'The simple reason is Travis abused/attacked me and I defended myself' excuse. However, I am wondering whether she believes Arias' latest abuse story (child abuse?) and that it is a valid mitigating factor? Perhaps this is the reason that the Judge believes in Arias' right to secrecy. If Arias' latest story involves her father--and I think it does--then perhaps the Judge is reluctant to release the transcripts because of the potential effect it might have on him? Just trying to see some logic in her rulings.

It's because Death is different that she has given the DT such wide latitude and she's been very cautious to preserve this verdict on appeal so that it doesn't get overturned. Because she's given them such wide latitude is the reason people are thinking she's on the DT's side, but she's not. She knows what she's doing and we just have to do patient, Nurmi's case is almost over, no other witnesses are willing to testify for them, so the end is in sight.

 

[Hatfield]

My bet for Monday....DP remains on table. JSS expresses concern that the 2008 mirror drive wasn't turned over to the DT before the first trial, but rules the DT hasn't demonstrated this failure has any bearing on the sentencing phase, especially as the DT has presented the issue to the current jury; that the matter can more properly be addressed in the appeals process, should the DT choose to pursue it.

Does the DT finally have a 2008 original copy? If they do, do we know what date they finally got it?

Trying to figure out how long they have had to analyze the true original with their own people (i.e., hacks). LOL

 

[geevee]

Oooh, good point! To meet TSA requirements for carry on bottle, they can only hold a few oz like 3-5 oz. per bottle. I think the sunscreen was for Cancun.

They were also bonus packs, buy one get the other free, which likely was cheaper than the full sized ones, saving her money for gas.

I think Bernina made a good point above about her pale skin and probably using the sunblock as a matter of course.

 

[ohreally]

Has Juan made it clear to the jury through JS that there are no *advertiser censored* images on the computer?