Retrial for Sentencing of Jodi Arias - Day 26, Part 2

[bsk]

Why was it impossible for TA to masturbate while kneeling?

I have been thinking more about this question since I started commenting on JM's word skills late last night (around midnight!). JM has many other games going besides "just the facts, ma'am". One of them has to do with language. For starters, the DT can't keep up with the vocabulary (I'll bet they have a dictionary at screen center), for another JA thinks she's so great with language because she likes to sprinkle 3-syllable words here and there. But think about it: the DT team has all this talk about sex, and their expert witnesses are completely out of their depth in that area when they shouldn't be. If they've spent careers in DV or have reputable Ph.D.'s and a viable history with clients, sex talk should be eezy peezy. But no, they won't go there, and if they ever do, they pick their way through it like a minefield (Fonseca comes to mind; ALV couldn't even do that much).

Geff can't engage in sexual discussion, either. JM has trapped him into looking inept/inexperienced/unfamiliar/obfuscating/disconnected about the whole topic. Presumably, Geff has the same selection of private members as TA. He should be able to answer JM's question definitively in a "knee jerk" reaction, because either professionally or personally he should have that answer right quick. Instead he says he "hasn't thought about it"? He's had years to evaluate this statement of JA's!

The actual answer to JM's question could simply be "It's not impossible." But Geff just couldn't bring himself to go there.... Nor did Geff say "We're not able to know that because everyone's anatomy is unique and we can't reconstitute Travis to check it out".

Anyway, JM has had other games going with Geff, and sometimes these involve outmaneuvering him verbally.

Also, Demarte is up at JM's level of vocabulary and word usage; on the fly, JW and KN can't keep up with her at all. This is part of their problem in cross-ing her and doesn't have to do with professional vocabulary (the DT could get advice on this part): it has to do with Demarte's comfort with precision and her exceptional vocabulary range. JW and KN simply can't engage in this realm at all.

Oh, and I'm fine with contrary input on Geff's sex snafus: I am not a DV expert, a sex practitioner, or a man.

Not 100% sure about the kneeling thing, but it could be a matter of him appearing to have a rather tall bed and Travis not being that tall, so it doesn't really fit that it could have happened that way, i.e. the eye-level of the photos vs position of the rest of his body. You kind of have to make a quick mental picture.

 

[bsk]

I didn't explain it very well at all - sorry. As I recall it, AZL said if she didn't retake the stand but that testimony stood, then the judge could tell her not to be repetitive in allocution. (I'm not sure I'm saying it correctly.) It seems unlikely to me that restriction would be enforced. The judge could instruct the jury that they can take into account that she didn't have to face cross-examination over her earlier testimony.

On the other hand, if she doesn't take the stand and that testimony is struck, then of course she is free to talk about anything in her allocution.

Because it never went through cross-examination.

 

[BritsKate]

BritsKate....do you have access to BK site? She posted a piece awhile ago about what happens if JA doesn't take the stand again. She consulted with Maria Schaeffer (yes, same one)about JSS options. Maria said it was at JSS' discretion whether or not to have JA's previous testimony stricken. And that she can allow the testimony to stand without allowing JM to cross.

That sounds different from AZL's take. Which was why I was confused. Maybe BK means that JSS can allow it in but as allocution, hence no cross. What AZL said.

ETA....sadly, CarolineM, AZL has said JA's prior testimony can stand as allocution AND she'd have the right to keep on going, because her testimony-allocution was interrupted.

I do indeed and I'll take a look, thanks for the heads up Hope. Much appreciated.

 

[Ricki]

Can't believe I am even going to discuss this subject, but on his knees, on the bed. That's just silly if you picture it. TA on his knees..picture on the bed, one hand or both busy. How did the picture sail of the bed and land by her foot..or was he using one hand and holding the pic up to his face.. Comical!! Even if he was on the side of the bed with picture on the bed, wouldn't the side of the bed be a bit in his way to do the deed. Where do they come up with this?