Retrial for Sentencing of Jodi Arias - 2/5 - 2/9 - Break

[Love Never Fails]

Thanks. Going now.

I found a post on Feb 3 at 2:47 pm but.....
i was referring to the purple plum and about it not being Travis who was the pedophile. The one you pointed out is the one I already saw about Jodi being all over the men.
thank you though

 

[MaLou]

Dont think she will ever get "wasted away again in Margaritaville, searching for her last shaker of salt."
or have a strawberry frappe...
or see a thousand places...

Thats over.

Jodi has been in my neck of the woods (the Monterey Bay). I'm sure she got the name from Margaritaville, a popular bar in the Capitola Village. Always some truth to her lies, right?

 

[Dr. Know?]

Fixed it for ya.

Is that legal?

 

[bsk]

Like in so many other cases we will never know the truth of what really happened. And in this one we sure wont because Arias is never going to reveal the truth. The truth and JA are strangers.

But it never crossed my mind that she couldn't do this by herself without help and it still doesn't.

I guess I have read too many cases now where a sole petite female (even smaller than Arias) has murdered a man much larger than she was.

I read about one case where a woman weighed around 120 pounds and her husband weighed around 200+. She not only murdered him but they lived in an upstairs apartment. After murdering him, late at night she then drug his body down two flights of outside stairs to her vehicle and loaded his body up and discarded his body somewhere out in the woods.

Imo, its a mistake to ever think a female of any size cant overcome an unsuspecting male who had no clue they are about to be murdered. It has happened countless of times and it will happen again. Imo, the first thrust was into his chest, which DH said would have been fatal, and after that Travis was trying his best to get away from her and only threw up his hands trying to deflect more stab wounds. He never had a chance to fight back. He was in the process of dying when she drove the knife into his chest.

In fact some of the murder cases committed by female perpetrators have been some of the most extreme horrific overkills I have seen. Female murderers aren't only capable but they are mean and ruthless. I don't remember another one at the moment though that stabbed the victim repeatedly, slashed their throat from ear to ear, and also shot them in the head. Using two deadly weapons is somewhat unique I think and shows just how truly evil JA is.

BBM - Or maybe he started to fight back, but stopped because he didn't want to hurt her. :banghead::banghead::banghead:

(You have to recall one of the things totdoc said the other day on direct for that stab at humor to have a chance....)

 

[ILikeToBendPages]

AZL, can Juan in his closing bring Travis back into this courtroom? To read some of Travis's writing's, of where he came from and the violence and neglect he and his siblings suffered by a drug addicted mother, and how Travis found God when he was eight years old and went to live with his grandmother. Can he show how much he meant to people by watching one of the many memorials that his friends, family and complete strangers have made online. To see him as a speaker at PPL events, his different personas, play the video with Travis doing the chicken dance and point out who is running around taking Travis's picture. Go back over Travis's text, emails of his anger over something so big it made Jodi kill him. He doesn't have to bring the gutter sex that Nurmi will, they had sex, it wasn't perverse by today standards, and it was between two consenting adults. Or will almost everything be off the table because it's too prejudicial against Jodi?

 

[Caylee Advocate]

She will stay in jail until she's actually sentenced, yes.

Dammit, so much for the murderess leaving jail anytime soon. I was so hoping for her transfer to Perryville before the summer heat wave. Oh well, I suppose Joe's Motel will suffice. :jail:

 

[izzy1970]

Re BK, to be fair, some of our disagreements are not about AZ law per se but about the practical workings of things in our court system. For example, yes, if JSS sentenced JA and JA filed her appeal before the other judge ruled on the omnibus motion, then the other judge wouldn't have jurisdiction to include JA in that ruling. But (1) JSS won't sentence JA while the omnibus motion is pending, (2) the appeal won't be filed for months after sentencing because there are approximately a million post-trial motions to file and brief first, and (3) the appellate court would just send the case back down for a ruling on the omnibus motion. So she didn't have the "law" wrong but just hadn't worked out how it would actually play out, which is something you can only really learn "in the trenches" lol.

Hi ... I am sorry to ask this, but does this mean that when the jury comes back with a decision Jodi will not able to be sentenced until this joint action case is resolved regarding the DP? If that's the case this is just Insane...

I'm very far behind on the posts so if this has been answered already please disregard

 

[Hope4More]

This is a good point. The jury is SUPPOSED to say, OK, let's balance this aggravating factor--cruelty--against the mitigating factors. She's clearly mentally ill (BPD), but should we count that as mitigating? (Discussion.) What other mitigating factors are there? (Discussion.) OK, juror #4, please try to remember that the pedo lie can be considered only in rebuttal to mitigation, not as an aggravating factor. (Discussion.) Juror #8, I know we all feel terrible for the family, but we cannot decide based on sympathy and must consider the VIS only in rebuttal to mitigation, not as an aggravating factor. Thank you.

Instead, they are quite likely to say, OK, let's list the reasons for death on one side of this paper and reasons for life on the other side. On the death side, premeditation, cruelty, lack of remorse, horrible letter to the family, pedo lie, heart-rending VIS, the irises sent to MumMum, psychopath. On the life side, BPD but only if it's a mental ILLNESS. What does everyone think? OK, it's not a mental illness because it had nothing to do with the crime? OK, I'll cross that off.

Drives me nuts when I interview jurors, because even if they go my way, they invariably have utterly failed to follow the jury instructions.

Sorry, don't know how to quote 2 posts in a reply.

Elementary, I wasn't suggesting reducing jury deliberation to an academic logic exercise. My logic post referred back to an earlier discussion about Juror 13, and his description of why the DeVault jury eliminated mental illness as mitigating. He either didn't explain it clearly, or he did and the DeVault jury decided she couldn't be mentally ill because she premeditated the murder.

I assumed that was a flaw in logic, but AZL is likely right that perhaps they weren't applying logic per se at all. If Sander is correct, the jurors just decided for themselves she wasn't mentally ill and tossed out that mitigator.

It would definitely bug me to be on a jury with jurors who didn't want to or couldn't follow jury instructions. I'd absolutely respect the right of everyone to decide independently what was or wasn't mitigating, but only after deliberating according to the rules.

 

[bsk]

No, I have never heard anyone mention him either before or during this trial.

I am appalled by the lack of civility also.

Will he be arguing any of these appeals he's writing up? Or will all those be left to the next poor souls who get stuck with her?

He certainly didn't look especially professional or well-prepared at the COA hearing we got to see. If he lets this smarmy side of him come out when he starts trashing JSS before a higher court I'm going to take a guess that won't go over too well.

I sometimes find weird ways of looking at things. As some have pointed out, his academic background sounded mediocre, and he served as a public defender for more than a decade. I can't imagine why anyone would want to hire him in his private practice when his motto seems to be "Why bill only an hour for something you can stretch out to ten?" Sheesh - you'd go broke before you could be found not guilty right?

 

[RickshawFan]

Speaking of evidence, perhaps it's just because I'm Canadian and therefore don't have a lot of experience with guns, but if I were on the jury, I'd like to have seen examples of just how big the weapons believed used would have been. Surely there's a range of sizes, but I don't recall seeing anything during trial that actually showed how big the gun would have been(would it have fit within her palm, been the size of her hand, etc.) as well as examples of the size of the knife it would have taken to inflict those wounds(hunting knife, one of those big chef knives, a smaller paring knife, etc.).

Many people are visual and just cannot process measurements on a piece of paper into the visual, like all the people who keep spouting about how such a small "girl" could have taken down a "man"(ie. TA wasn't the tallest man in the world, or anywhere near the heaviest and JA certainly wasn't a tiny waif, she certainly dwarfs JW.), then you add in JA's martial arts training, type of work(trays of food/drink, on her feet for hours, at least when she was busy running for those tips or after her ex bf's), etc. compared to someone who was battling his weight and basically had a desk job where the heaviest thing he commonly lifted was Naps and perhaps the trays of cookies he'd bake with his friends (not said to sound mean but TA wasn't exactly a jock).

JA has already been judged guilty of first degree murder with cruelty. No need to dredge up the gun issue, and it has no bearing on mitigation.

 

[ILikeToBendPages]

Can someone post the song Margaritaville with lyrics by Jimmy Buffet? I think Jodi was familar with this song. Its where she got the name Margaritaville from. IMO

[video=youtube;ue2-ZVxpVjc]https://www.youtube.com/watch?v=ue2-ZVxpVjc&feature=player_detailpage[/video]

 

[LinasK]

Can someone post the song Margaritaville with lyrics by Jimmy Buffet? I think Jodi was familar with this song. Its where she got the name Margaritaville from. IMO

Here 'ya go:
[h=2]Jimmy Buffett – Margaritaville Lyrics[/h]
Nibbling on sponge cake, watching the sun bake,
All of those tourists covered with oil,
Strumming my six string, on my front porch swing,
Smell those shrimp, they're beginning to boil.

Wasting away again in Margaritaville,
Searching for my lost shaker of salt,
Some people claim that there's a woman to blame,
But I know it's nobody's fault.

Don't know the reason that I stayed here all season,
With nothing to show but this brand new tattoo,
But it's a real beauty, a Mexican cutie,
How it got here I haven't a clue.Wasting away again in Margaritaville,
Searching for my lost shaker of salt,
Some people claim that there's a woman to blame,
Now I think, hell it could be my fault.

Blew out my flip flop, stepped on a poptop
Cut my heel, had to cruise on back home,
But there's booze in the blender,
And soon it will render,
That frozen concoction that helps me hang on.

Wasting away again in Margaritaville,
Searching for my lost shaker of salt,
Some people claim that there's a woman to blame,
But I know, it's my own damn fault.Yes, some people claim that there's a woman to blame,
And I know it's my own damn fault.

 

[Hope4More]

No, it's not. It's more likely an indication that she was still giddy from the murder.

E- of course it wasn't PTSD. But ok, I've been schooled. Am either going to have to label my snark as snark or work on being more snarkable. Elementary, I fear you are getting a very wrong impression of my opinions.

 

[IfIMay]

Also a great song!

Margaritaville is also a chain of restaurants started by Jimmy Buffet
http://www.margaritavillelasvegas.com/restaurant.html

MOO: I think JA told Ryan Burns she cut her finger at Casa Ramos and described the restaurant to him as "like Margaritaville" but he probably wasn't paying close attention. She talks a lot. Who remembers all of her babble?
It looks a lot more low-key than Margaritaville http://casaramos.net/

ETA: Hm. There is, or was, a Margaritaville location in Cancun...
http://www.margaritaville.com.mx/en/

Can someone post the song Margaritaville with lyrics by Jimmy Buffet? I think Jodi was familar with this song. Its where she got the name Margaritaville from. IMO

Margaritaville, the song, is about a guy drinking and trying to blame his situation on everyone else until he finally admits that "it's his own dam* fault" at the end.

http://www.azlyrics.com/lyrics/jimmybuffett/margaritaville.html

 

[RickshawFan]

They did call the police. I figure she had a Juvie record that Mom and Dad had expunged when she turned eighteen. That is why her attorneys can say she does not have a record now.

AZL had a comment about this yesterday.

My question:

Is there any chance that Jodi had a criminal record as a juvenile and the record was expunged at 21, as they do in some states, IIRC? And, if yes, could the juvenile record be brought into evidence at sentencing for a murder conviction, since it rebuts the mitigating factor "no criminal history"?

In the guilt phase a juvenile criminal record could easily have been excluded as prejudicial, which would explain why we might not have seen it up to now?

I can't think what Jodi was doing all those years unless maybe she was under court supervision!

AZL response:

I think JM could use a juvenile history if there is one. I don't think he would have asked to admit it in the guilt phase--not because it would be prejudicial but because it would be totally irrelevant to the question of guilt. But he would have been able to use it in the prior penalty phase, because IIRC she did assert "no criminal history" as a mitigator that time.

Really, though, I think her parents would have mentioned it in their interviews with Flores if she had any history.

 

[PenElaine]

Was just over on Court Chatter reading JA's email/letter to TA dated May 16th. Can someone pls remind me of the date of the phone sex recording. And does anyone know how/where this letter was discovered? FWIW, it has HER email address in the TO: line. So strange...Have to wonder if this was a post-murder concoction like allegedly some of her journal entries were.

I am officially creeped out by the letter. IMO, it almost reads like she is hinting at suicide in her patent passive-aggressive way. Oh how I wish she had just followed thru with those threats, sigh.

 

[Night-owl]

Or, see her limp with the thigh brace on. Just once I would enjoy seeing those 50,000 volts at work.

There's got to be an app for hacking the stun belt controls....

 

[RickshawFan]

I really cannot see JSS giving JA a dressing down. She may list her reasoning behind her decision, but only in legal terms. :thinking: Of course, I am often wrong. :blushing:

I think JSS is going to give a dressing down that will make all of us fall out of our chairs. I think she's fed up and has been for over 2 years, but she's been professional enough not to let it show or interfere with her judgments. She knows JA manipulates her—she even said so in the Appeals Court case—and when it is JSS' turn to speak she will!

 

[bsk]

Fixed it for ya.

I am literally crying. Thanks for the laugh!

 

[bsk]

Let's see. I don't see you calling anyone specifically a "name"....so we're good. Carry on. Feel better?

I didn't realize I was so skillful. :happydance: