janx
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Part of that is age and incarceration, but the other part is the lack of more expensive cosmetics, selfies, and Photoshop.
SIDEBAR #36 - Arias/Alexander forum
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Part of that is age and incarceration, but the other part is the lack of more expensive cosmetics, selfies, and Photoshop.
YESorNO
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Michael K Jeanes, Clerk of Court
*** Electronically Filed ***
K. Curtner, Deputy
12/14/2014 12:11:18 PM
Filing ID 628965
L. KIRK NURMI #020900
LAW OFFICES OF L. KIRK NURMI
2314 East Osborn
Phoenix, Arizona 85016
602-285-6947
nurmilaw@gmail.com
Jennifer L. Willmott, #016826
WILLMOTT & ASSOCIATES, PLC
845 N. 6th Avenue
Phoenix, Arizona 85003
Tel (602) 344-0034
Email: jwillmott@willmottlaw.com
Attorneys for Defendant ARIAS
SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR THE COUNTY OF MARICOPA
THE STATE OF ARIZONA
Plaintiff,
vs.
JODI ANN ARIAS,
Defendant.
No. CR 2008-031021-001DT
DEFENDANTS SUPPLEMENTAL;
MOTION TO DISMISS ALL
CHARGES WITH PREJUDICE
AND/OR IN THE ALTERNATIVE
TO DISMISS THE STATES
NOTICE OF INTENT TO SEEK
THE DEATH PENALTY DUE TO
RECENTLY DISCOVERED
PURPOSEFUL AND EGREGIOUS
PROSECUTORIAL MISCONDUCT
(Hon. Sherry Stephens)
--------------------------------------------------------------
On or about November 10, 2014, Ms. Arias, through undersigned counsel,
pursuant to the rights due her via the Fifth, Sixth, Eighth and Fourteenth Amendments of
-------------------------
Page 2
the United States Constitution, as well as Art. II, § 4 and § 24 of the Arizona
Constitution, filed a pleading requesting that the charges against her be dismissed with
prejudice due to the fact that Ms. Arias has recently discovered that the State has
purposely destroyed evidence that was clearly exculpatory and/or mitigating. In this
motion, Ms. Arias also sought out the alternative remedy of asking this Court to dismiss
the States Notice of Intent to Seek the Death Penalty that the State filed against her on
October 31, 2008. In this Motion Ms. Arias also requested that given the ever changing
nature of the case and the evolving scope of the States misconduct, Ms. Arias reserves
the right to supplement this motion as circumstances currently unforeseen dictate. This
motion is necessitated by the fact that a circumstance unforeseen on November 10, 2014,
has now arisen that demonstrates the widening scope of the misconduct undertaken by
the State in this case. In this regard, Ms. Arias would point to the fact that the State never
disclosed the image of the hard drive contained in Mr. Alexanders computer (item
#390633) they made on June 11, 2008, to Ms. Arias. In the attached Memorandum of
Points and Authorities Ms. Arias will expand upon how the widening scope of the States
misconduct further illustrates the need for the case against her to be dismissed with
prejudice or in the alternative that the States Notice of Intent to Seek the Death
Penalty filed against Ms. Arias, by the State on October 31, 2008 be dismissed. In
making this present assertion, Ms. Arias relies upon the authorities she mentioned in her
original motion filed on or about November 10, 2014, the evidence produced at the
evidentiary hearings related to the original motion and the authorities contained herein.
----------------------------
Page 3
MEMORANDUM OF POINTS AND AUTHORITIES
I. RELEVANT FACTS
Subsequent to Ms. Arias original filing related to the hard drive (item #390633)
the State, without any support for doing so blamed Ms. Arias former counsel for
destroying evidence. (Phase1). This claim was ultimately negated by the testimony of
Ms. Schaffer and Gilbert McReynolds, both of whom worked on Ms. Arias prior legal
team, and both of whom testified that Counsel for the State was touching the computer in
an effort to find either *advertiser censored* or nude images of Ms. Arias.
Phase 2 of the States attempt to cover up what they had done involved claiming
that a virus had put this *advertiser censored* on the computer, not Mr. Alexander. In so doing
the State ultimately confessed to egregious misconduct of another types because the State
admitted that there was both log links to *advertiser censored* and viruses on the computer at a
time when Detective Melendez had already testified that no such evidence existed during
the first trial. In conjunction with Phase 2, during oral arguments the State then claimed
that Ms. Arias was backing off her original claims of purposeful destruction when in
reality Ms. Arias only expanded her claims to account for the gross incompetence of the
Mesa Police Departments Computer Forensic Unit.
Phase 3 of the States attempt to cover up its misconduct involved making
spurious and unsubstantiated claims that Ms. Arias defense expert Bryan Neumeister
tampered with the evidence, even going so far as to claim he tried to destroy evidence by
using an incinerator program or that he added evidence to the hard drive. Of course
-------------------------------
Page 4
none of these allegations were true, Mr. Neumeister was doing an investigation of the
States wrongdoings on a working copy of the hard drive referred to as a clone. The
evidence copy is something that the Mesa Police Department has had all along, thus
they were aware not only that Mr. Neumeister didnt destroy evidence but that he
couldnt destroy evidence because the evidence itself i.e. the hard drive is being held by
the Mesa Police Department, though they made claims that they didnt have it. To further
illustrate the false and spurious nature of the claims made against Mr. Neumeister
evidence came to light during an interview with Detective Smith on December 10, 2014
and during the evidentiary hearing held on December 11, 2014. It was learned that the
Mesa Police Department had a mirror image of the hard drive made on June 11, 2008,
that they had not previously provided to Ms. Arias and that found on this drive Mesa
Police Department discovered the log links related to *advertiser censored* cites were on that image as
was evidence of Mr. Alexanders computer having a virus. Thus, the State, at the time
they were making these allegations against Mr. Neumeister, knew that they were false.
However, Ms. Arias fully aware that the allegations were false, for other reasons, did not
know that the image made on June 11, 2008, contained the very evidence they claimed
that Mr. Neumeister had created and/or destroyed thus she was unable to present to the
court how farcical the claims the State was making against Mr. Neumeister actually were.
Other motions will deal with the legal viability of these baseless attacks made upon Mr.
Neumiester being presented to the jury but at issue herein is the States failure to produce
this drive years ago as it would be obligated to and the States current attempt to hold this
drive hostage in exchange for the opportunity to interview Mr. Neumeister
-----------------------------
Page 5
The importance of this drive as a piece of exculpatory evidence that Ms. Arias had
not had access to is illustrated by the fact that in December of 2009, when an image of
the drive was made for Mr. Dworkin that image contained the events of June 19, 2009.
Meaning the image provided to Ms. Arias was not the most pristine available, that would
have been the image made on June 11, 2008, and while this image was damaged the day
prior by Detective Flores, the damage was certainly less extensive than that which was
done to the image made after the events of June 19, 2009. Of course the reality if Ms.
Arias was aware there was a difference both would have been sought, but as case law
dictates, this factual distinction is without import.
What is of import is that, as it now stands, Ms. Arias has been convicted of a crime
based in large part on the States attacks on her credibility and now, having been
convicted of First Degree Murder, she is attempting to defend her life during a sentencing
phase retrial and is learning that not only did the State engage is malfeasance or gross
misconduct that the State also did not provide her with all the exculpatory evidence.
II. LAW AND ARGUMENT
In her initial motion Ms. Arias cited to Rule 15.1, Arizona Rules of Criminal
Procedure, Giglio v. United States, 405 U.S. 150 (1972) and Brady v. Maryland 373 U.S.
83, 83 S. Ct. 1194 (1963) for the general proposition that she was unable to present
exculpatory evidence to her jury because she was not aware of its existence. Of course
now Ms. Arias is now aware that not only was evidence destroyed based on the conduct
of the Mesa Police Department but that the evidence on the mirror image made by the
----------------
Page 6
Mesa Police Department was intentionally withheld, when the States legal obligation
required its automatic disclosure.
On December 11, 2014, Division 1 of the Arizona Court of Appeals issued its opinion
in Milke v. Mroz/State (No. 1 CA-SA 14-0108). At issue in this opinion was if Ms.
Milke could be re-tried for the crime of first degree murder after the case against her had
been dismissed for prosecutorial misconduct. Obviously, Ms. Arias is not yet in a
position where double jeopardy is at issue but the correlation between the misconduct in
the Milke case and the misconduct that has infested her own case should be highly
instructive to this court as the patterns of State conduct are eerily similar and are not only
relevant to the withholding of the mirror image made of evidence item #390633 back on
June 11, 2008, but of the claims Ms. Arias made in her original motion.
In this regard the Milke Court, like Ms. Arias, cited to both Brady and Giglio as
authority for the legal reality that the prosecution is required to unilaterally disclose any
impeachment or exculpatory evidence and further emphasized that suppressing
favorable evidence is a violation of due process. Id. at 4. The Milke court went on to
note the particular importance of this disclosure when the credibility of a witness is at
issue and that the credibility of that witness may very well determine guilt or innocence.
Id. at 4. Of course as was laid out in her previous motion, the credibility of Ms. Arias
was a huge issue throughout the trial and was used as a weapon by the State against every
witness whom testified on her behalf.
Later in the opinion, the Milke Court went on to discuss how the States choice to
litigate against Milkes Subpoena of Saldates personnel file was akin to active
------------------
page 7
concealment (citations omitted). Of course in the case at hand, not only did the State
actively tamper with evidence but they did not provide Ms. Arias expert with the most
pristine image of the hard drive. Furthermore, the State offered testimony that no
evidence of *advertiser censored* or viruses was found on the hard drive. It would be hard to
fathom how such behavior would not also be deemed active concealment.
Of further import to the motion at hand is the fact that the Milke Court went on to
deem this similar behavior as egregious prosecutorial misconduct that raise serious
concerns regarding the integrity of our system of justice Id. at 5 (citations omitted).
This passage is important because history is repeating itself because, like Ms. Milke, Ms.
Arias was forced to defend herself without crucial information she is entitled to have.
The court further pointed out that the States failure to produce evidence is akin to
suppression. Id. at 8.
III. CONCLUSION
During oral arguments on December 11, 2014, the State implied that Ms. Arias
and her counsel were gleeful about discovering the evidence that the State had
mishandled, deleted, or destroyed evidence, however, nothing could be further from the
truth. Instead, what the State has done in this case should be repulsive to this Court and
any citizen of this country who respects the Bill of Rights. The actions of the State in this
case, as documented in the numerous motions for prosecutorial misconduct Ms. Arias has
been forced to file, document a plethora of actions undertaken by the State that stand in
direct contrast to the rights due Ms. Arias via the Fifth, Sixth, Eighth and Fourteenth
-------------
Page 8
Amendments of the United States Constitution, as well as Art. II, § 4 and §24 of the
Arizona Constitution. Accordingly, for the reasons mentioned above and those in her
original motion related to the hard drive issue, the charges against Ms. Arias should be
dismissed with prejudice. In the alternative, for the reasons mentioned above any sense
of justice that comports with the death penalty jurisprudence detailed in her motion dated
November 10, 2014, would require that this Court dismiss the States Notice of Intent to
Seek the Death Penalty with prejudice.
RESPECTFULLY SUBMITTED this 14th day of December, 2014.
By: _/s/ L. Kirk Nurmi___
L. KIRK NURMI
Counsel for Ms. Arias
Copy of the foregoing
Filed/delivered this 14 th
day of December, 2014, to:
THE HONORABLE SHERRY STEPHENS
Judge of the Superior Court
JUAN MARTINEZ
Deputy County Attorney
By__/s/ L. Kirk Nurmi ___
L. Kirk Nurmi
Counsel for Ms. Arias
http://thetrialdiaries.com/wp-content/uploads/2014/04/58979601tau0p2r3usdlzahhlins1eia.pdf
*** Electronically Filed ***
K. Curtner, Deputy
12/14/2014 12:11:18 PM
Filing ID 628965
L. KIRK NURMI #020900
LAW OFFICES OF L. KIRK NURMI
2314 East Osborn
Phoenix, Arizona 85016
602-285-6947
nurmilaw@gmail.com
Jennifer L. Willmott, #016826
WILLMOTT & ASSOCIATES, PLC
845 N. 6th Avenue
Phoenix, Arizona 85003
Tel (602) 344-0034
Email: jwillmott@willmottlaw.com
Attorneys for Defendant ARIAS
SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR THE COUNTY OF MARICOPA
THE STATE OF ARIZONA
Plaintiff,
vs.
JODI ANN ARIAS,
Defendant.
No. CR 2008-031021-001DT
DEFENDANTS SUPPLEMENTAL;
MOTION TO DISMISS ALL
CHARGES WITH PREJUDICE
AND/OR IN THE ALTERNATIVE
TO DISMISS THE STATES
NOTICE OF INTENT TO SEEK
THE DEATH PENALTY DUE TO
RECENTLY DISCOVERED
PURPOSEFUL AND EGREGIOUS
PROSECUTORIAL MISCONDUCT
(Hon. Sherry Stephens)
--------------------------------------------------------------
On or about November 10, 2014, Ms. Arias, through undersigned counsel,
pursuant to the rights due her via the Fifth, Sixth, Eighth and Fourteenth Amendments of
-------------------------
Page 2
the United States Constitution, as well as Art. II, § 4 and § 24 of the Arizona
Constitution, filed a pleading requesting that the charges against her be dismissed with
prejudice due to the fact that Ms. Arias has recently discovered that the State has
purposely destroyed evidence that was clearly exculpatory and/or mitigating. In this
motion, Ms. Arias also sought out the alternative remedy of asking this Court to dismiss
the States Notice of Intent to Seek the Death Penalty that the State filed against her on
October 31, 2008. In this Motion Ms. Arias also requested that given the ever changing
nature of the case and the evolving scope of the States misconduct, Ms. Arias reserves
the right to supplement this motion as circumstances currently unforeseen dictate. This
motion is necessitated by the fact that a circumstance unforeseen on November 10, 2014,
has now arisen that demonstrates the widening scope of the misconduct undertaken by
the State in this case. In this regard, Ms. Arias would point to the fact that the State never
disclosed the image of the hard drive contained in Mr. Alexanders computer (item
#390633) they made on June 11, 2008, to Ms. Arias. In the attached Memorandum of
Points and Authorities Ms. Arias will expand upon how the widening scope of the States
misconduct further illustrates the need for the case against her to be dismissed with
prejudice or in the alternative that the States Notice of Intent to Seek the Death
Penalty filed against Ms. Arias, by the State on October 31, 2008 be dismissed. In
making this present assertion, Ms. Arias relies upon the authorities she mentioned in her
original motion filed on or about November 10, 2014, the evidence produced at the
evidentiary hearings related to the original motion and the authorities contained herein.
----------------------------
Page 3
MEMORANDUM OF POINTS AND AUTHORITIES
I. RELEVANT FACTS
Subsequent to Ms. Arias original filing related to the hard drive (item #390633)
the State, without any support for doing so blamed Ms. Arias former counsel for
destroying evidence. (Phase1). This claim was ultimately negated by the testimony of
Ms. Schaffer and Gilbert McReynolds, both of whom worked on Ms. Arias prior legal
team, and both of whom testified that Counsel for the State was touching the computer in
an effort to find either *advertiser censored* or nude images of Ms. Arias.
Phase 2 of the States attempt to cover up what they had done involved claiming
that a virus had put this *advertiser censored* on the computer, not Mr. Alexander. In so doing
the State ultimately confessed to egregious misconduct of another types because the State
admitted that there was both log links to *advertiser censored* and viruses on the computer at a
time when Detective Melendez had already testified that no such evidence existed during
the first trial. In conjunction with Phase 2, during oral arguments the State then claimed
that Ms. Arias was backing off her original claims of purposeful destruction when in
reality Ms. Arias only expanded her claims to account for the gross incompetence of the
Mesa Police Departments Computer Forensic Unit.
Phase 3 of the States attempt to cover up its misconduct involved making
spurious and unsubstantiated claims that Ms. Arias defense expert Bryan Neumeister
tampered with the evidence, even going so far as to claim he tried to destroy evidence by
using an incinerator program or that he added evidence to the hard drive. Of course
-------------------------------
Page 4
none of these allegations were true, Mr. Neumeister was doing an investigation of the
States wrongdoings on a working copy of the hard drive referred to as a clone. The
evidence copy is something that the Mesa Police Department has had all along, thus
they were aware not only that Mr. Neumeister didnt destroy evidence but that he
couldnt destroy evidence because the evidence itself i.e. the hard drive is being held by
the Mesa Police Department, though they made claims that they didnt have it. To further
illustrate the false and spurious nature of the claims made against Mr. Neumeister
evidence came to light during an interview with Detective Smith on December 10, 2014
and during the evidentiary hearing held on December 11, 2014. It was learned that the
Mesa Police Department had a mirror image of the hard drive made on June 11, 2008,
that they had not previously provided to Ms. Arias and that found on this drive Mesa
Police Department discovered the log links related to *advertiser censored* cites were on that image as
was evidence of Mr. Alexanders computer having a virus. Thus, the State, at the time
they were making these allegations against Mr. Neumeister, knew that they were false.
However, Ms. Arias fully aware that the allegations were false, for other reasons, did not
know that the image made on June 11, 2008, contained the very evidence they claimed
that Mr. Neumeister had created and/or destroyed thus she was unable to present to the
court how farcical the claims the State was making against Mr. Neumeister actually were.
Other motions will deal with the legal viability of these baseless attacks made upon Mr.
Neumiester being presented to the jury but at issue herein is the States failure to produce
this drive years ago as it would be obligated to and the States current attempt to hold this
drive hostage in exchange for the opportunity to interview Mr. Neumeister
-----------------------------
Page 5
The importance of this drive as a piece of exculpatory evidence that Ms. Arias had
not had access to is illustrated by the fact that in December of 2009, when an image of
the drive was made for Mr. Dworkin that image contained the events of June 19, 2009.
Meaning the image provided to Ms. Arias was not the most pristine available, that would
have been the image made on June 11, 2008, and while this image was damaged the day
prior by Detective Flores, the damage was certainly less extensive than that which was
done to the image made after the events of June 19, 2009. Of course the reality if Ms.
Arias was aware there was a difference both would have been sought, but as case law
dictates, this factual distinction is without import.
What is of import is that, as it now stands, Ms. Arias has been convicted of a crime
based in large part on the States attacks on her credibility and now, having been
convicted of First Degree Murder, she is attempting to defend her life during a sentencing
phase retrial and is learning that not only did the State engage is malfeasance or gross
misconduct that the State also did not provide her with all the exculpatory evidence.
II. LAW AND ARGUMENT
In her initial motion Ms. Arias cited to Rule 15.1, Arizona Rules of Criminal
Procedure, Giglio v. United States, 405 U.S. 150 (1972) and Brady v. Maryland 373 U.S.
83, 83 S. Ct. 1194 (1963) for the general proposition that she was unable to present
exculpatory evidence to her jury because she was not aware of its existence. Of course
now Ms. Arias is now aware that not only was evidence destroyed based on the conduct
of the Mesa Police Department but that the evidence on the mirror image made by the
----------------
Page 6
Mesa Police Department was intentionally withheld, when the States legal obligation
required its automatic disclosure.
On December 11, 2014, Division 1 of the Arizona Court of Appeals issued its opinion
in Milke v. Mroz/State (No. 1 CA-SA 14-0108). At issue in this opinion was if Ms.
Milke could be re-tried for the crime of first degree murder after the case against her had
been dismissed for prosecutorial misconduct. Obviously, Ms. Arias is not yet in a
position where double jeopardy is at issue but the correlation between the misconduct in
the Milke case and the misconduct that has infested her own case should be highly
instructive to this court as the patterns of State conduct are eerily similar and are not only
relevant to the withholding of the mirror image made of evidence item #390633 back on
June 11, 2008, but of the claims Ms. Arias made in her original motion.
In this regard the Milke Court, like Ms. Arias, cited to both Brady and Giglio as
authority for the legal reality that the prosecution is required to unilaterally disclose any
impeachment or exculpatory evidence and further emphasized that suppressing
favorable evidence is a violation of due process. Id. at 4. The Milke court went on to
note the particular importance of this disclosure when the credibility of a witness is at
issue and that the credibility of that witness may very well determine guilt or innocence.
Id. at 4. Of course as was laid out in her previous motion, the credibility of Ms. Arias
was a huge issue throughout the trial and was used as a weapon by the State against every
witness whom testified on her behalf.
Later in the opinion, the Milke Court went on to discuss how the States choice to
litigate against Milkes Subpoena of Saldates personnel file was akin to active
------------------
page 7
concealment (citations omitted). Of course in the case at hand, not only did the State
actively tamper with evidence but they did not provide Ms. Arias expert with the most
pristine image of the hard drive. Furthermore, the State offered testimony that no
evidence of *advertiser censored* or viruses was found on the hard drive. It would be hard to
fathom how such behavior would not also be deemed active concealment.
Of further import to the motion at hand is the fact that the Milke Court went on to
deem this similar behavior as egregious prosecutorial misconduct that raise serious
concerns regarding the integrity of our system of justice Id. at 5 (citations omitted).
This passage is important because history is repeating itself because, like Ms. Milke, Ms.
Arias was forced to defend herself without crucial information she is entitled to have.
The court further pointed out that the States failure to produce evidence is akin to
suppression. Id. at 8.
III. CONCLUSION
During oral arguments on December 11, 2014, the State implied that Ms. Arias
and her counsel were gleeful about discovering the evidence that the State had
mishandled, deleted, or destroyed evidence, however, nothing could be further from the
truth. Instead, what the State has done in this case should be repulsive to this Court and
any citizen of this country who respects the Bill of Rights. The actions of the State in this
case, as documented in the numerous motions for prosecutorial misconduct Ms. Arias has
been forced to file, document a plethora of actions undertaken by the State that stand in
direct contrast to the rights due Ms. Arias via the Fifth, Sixth, Eighth and Fourteenth
-------------
Page 8
Amendments of the United States Constitution, as well as Art. II, § 4 and §24 of the
Arizona Constitution. Accordingly, for the reasons mentioned above and those in her
original motion related to the hard drive issue, the charges against Ms. Arias should be
dismissed with prejudice. In the alternative, for the reasons mentioned above any sense
of justice that comports with the death penalty jurisprudence detailed in her motion dated
November 10, 2014, would require that this Court dismiss the States Notice of Intent to
Seek the Death Penalty with prejudice.
RESPECTFULLY SUBMITTED this 14th day of December, 2014.
By: _/s/ L. Kirk Nurmi___
L. KIRK NURMI
Counsel for Ms. Arias
Copy of the foregoing
Filed/delivered this 14 th
day of December, 2014, to:
THE HONORABLE SHERRY STEPHENS
Judge of the Superior Court
JUAN MARTINEZ
Deputy County Attorney
By__/s/ L. Kirk Nurmi ___
L. Kirk Nurmi
Counsel for Ms. Arias
http://thetrialdiaries.com/wp-content/uploads/2014/04/58979601tau0p2r3usdlzahhlins1eia.pdf
YESorNO
The Queen (aka "mrsmuir") SWBB
- Joined
- Apr 6, 2013
- Messages
- 34,377
- Reaction score
- 68,979
Legally Speaking: The Jodi Arias evidentiary hearing is over and very little should change
"Is Jodi Arias going to be another Debra Milke?
Will she soon see the world as a free woman?
If you would have asked me that question two months ago I would have said no. Ask me a month ago and I would have said maybe. Ask me now and I say not a chance..."
http://ktar.com/305/1791375/Legally...hearing-is-over-and-very-little-should-change
--------------------------
Jodi Arias Trial 12/15 Morning Session
"...Todays defense witness is Dr. Geffner who will testify all week (expect presumably bottomless margarita Friday). Nurmi will have two days with him, the Juan will have two then redirect. ..."
http://tamaratattles.com/2014/12/15/jodi-arias-trial-1215-morning-session/
----
Jodi Arias 12/15 Afternoon Session
"...The test for malingering (trying to effect the outcome of the test) showed that she answered her questions truthfully. Or else she is really good at taking the test for malingering. Her own attorney began his case in chief by saying she is a lying liar who lies a lot."
http://tamaratattles.com/2014/12/15/jodi-arias-1215-afternoon-session/
------------------------------
"Is Jodi Arias going to be another Debra Milke?
Will she soon see the world as a free woman?
If you would have asked me that question two months ago I would have said no. Ask me a month ago and I would have said maybe. Ask me now and I say not a chance..."
http://ktar.com/305/1791375/Legally...hearing-is-over-and-very-little-should-change
--------------------------
Jodi Arias Trial 12/15 Morning Session
"...Todays defense witness is Dr. Geffner who will testify all week (expect presumably bottomless margarita Friday). Nurmi will have two days with him, the Juan will have two then redirect. ..."
http://tamaratattles.com/2014/12/15/jodi-arias-trial-1215-morning-session/
----
Jodi Arias 12/15 Afternoon Session
"...The test for malingering (trying to effect the outcome of the test) showed that she answered her questions truthfully. Or else she is really good at taking the test for malingering. Her own attorney began his case in chief by saying she is a lying liar who lies a lot."
http://tamaratattles.com/2014/12/15/jodi-arias-1215-afternoon-session/
------------------------------
YESorNO
The Queen (aka "mrsmuir") SWBB
- Joined
- Apr 6, 2013
- Messages
- 34,377
- Reaction score
- 68,979
Short clip on today's court happenings:
Arias trial testimony resumes after weeklong break
http://www.azfamily.com/news/jodi-arias/
Arias trial testimony resumes after weeklong break
http://www.azfamily.com/news/jodi-arias/
Nore
New Member
-------------------
She is so adorable!!! xox
YESorNO
The Queen (aka "mrsmuir") SWBB
- Joined
- Apr 6, 2013
- Messages
- 34,377
- Reaction score
- 68,979
Just FYI:
What missy's :jail:supporters believe today (Justice4Jodi);
Juan Martinez: Legal Conclusion to Felony Prosecutorial Misconduct Hearings
" Dec 13, 2014
Maricopa County prosecutor Juan Martinez is no stranger to controversy or brushes with the law.
In the #JodiArias case, he has been charged with evidence tampering, felony perjury, and felony collusion. If found guilty, he'd be disbarred and sent to prison.
We must stand up for America, for our Constitution, our constitutional civil liberties, our children, our grandchildren, and future generations.
If we let prosecutors like Martinez and detectives like Steve "Esteban" Flores cheat and lie, then that puts all Americans at risk."
[video=youtube;1wC7o2l55qc]https://www.youtube.com/watch?v=1wC7o2l55qc[/video]
What missy's :jail:supporters believe today (Justice4Jodi);
Juan Martinez: Legal Conclusion to Felony Prosecutorial Misconduct Hearings
" Dec 13, 2014
Maricopa County prosecutor Juan Martinez is no stranger to controversy or brushes with the law.
In the #JodiArias case, he has been charged with evidence tampering, felony perjury, and felony collusion. If found guilty, he'd be disbarred and sent to prison.
We must stand up for America, for our Constitution, our constitutional civil liberties, our children, our grandchildren, and future generations.
If we let prosecutors like Martinez and detectives like Steve "Esteban" Flores cheat and lie, then that puts all Americans at risk."
[video=youtube;1wC7o2l55qc]https://www.youtube.com/watch?v=1wC7o2l55qc[/video]
YESorNO
The Queen (aka "mrsmuir") SWBB
- Joined
- Apr 6, 2013
- Messages
- 34,377
- Reaction score
- 68,979
More FYI:
Michael Kiefer of The Arizona Republic on Juan Martinez
" Dec 15, 2014
Just Michael Kiefer and the facts on the #JodiArias prosecutor Juan Martinez and his tainted history of misconduct and thrashing of our country's Constitution."
[video=youtube;2vcFesWwSKE]https://www.youtube.com/watch?v=2vcFesWwSKE&list=UUPSPkMov8KkB11gd-9DeyAQ[/video]
Michael Kiefer of The Arizona Republic on Juan Martinez
" Dec 15, 2014
Just Michael Kiefer and the facts on the #JodiArias prosecutor Juan Martinez and his tainted history of misconduct and thrashing of our country's Constitution."
[video=youtube;2vcFesWwSKE]https://www.youtube.com/watch?v=2vcFesWwSKE&list=UUPSPkMov8KkB11gd-9DeyAQ[/video]
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The Queen (aka "mrsmuir") SWBB
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@ljohnson2006 50m50 minutes ago
Get ready y'all. Hurricane Juan is coming full force. #JodiArias. #JusticeForTravis
Link: https://pbs.twimg.com/media/B478LQGCQAA1a6g.jpg
:juanettes::juanettes::juanettes::juanettes::juanettes:
Get ready y'all. Hurricane Juan is coming full force. #JodiArias. #JusticeForTravis
Link: https://pbs.twimg.com/media/B478LQGCQAA1a6g.jpg
:juanettes::juanettes::juanettes::juanettes::juanettes:
janx
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Consider the source.
RickshawFan
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It's likely his credentials are not worth the paper they're printed on. I'll bet all the organizations he lists he also created. I'll bet the journals, seminars, etc. are 4th tier.... I'll bet he participates in several organizations that are different brands under the same umbrella. Where does his Ph.D. come from? Mail order? What was his dissertation on? It's very easy to create a long list of quite meaningless credentials. It's the quality of the details that's important, not the quantity.
YESorNO
The Queen (aka "mrsmuir") SWBB
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I pulled out everything Dr. G said without the "fluff", if anyone is interested.
I always wanted to know what the testing showed from the trial (most scores/evaluations weren't revealed in the trial).
I don't believe all the evaluation today because, if a person has some smarts, the tests can be figured out and answered accordingly- depending on what the person wants to exhibit to the DR, IMO, (and missy:jail: is no dumb-dumb).
I do believe that she may have depression and anxiety, that she feels like people are out to get her now, and that she is a psychopath.
-----------------------------------------------------------------------
----------------------------------------------------------------------
Dr. Geffner is here to refute DrDeMarte and now he is here on more wide sweeping up of all other expert psychs in case too.
He actually interviewed missy :jail:
Dr. DeMarte gave this test back in 2011:
MMPI-2 looks at total personality-The MMPI does not diagnose personality disorders but it diagnoses personality in general
MMPI (Minnesota Multiphasic Personality Inventory) psychological test
This tests were taken in 2011, after she was incarcerated.
-high score on Jodi being psychopath
Dr. G will use DrDeMarte diagnosis of Borderline Personality this trial for sentence, as opposed to fighting in guilt phase.
Test shows that missy:jail: has:
- a peak at bizarre thoughts
-lots of symptoms of trauma
- had body issues
- had demoralization and depression from that scale
-Elevated- anxiety, bizarre thoughts (flashbacks could be it), low self esteem
-Anxiety, depression and low self esteem are the highest
-general fears were just a little above normal
- didn't show she was very obsessed or angry..her anger was low
-was average for following the law
-he rule out if Jodi had an addiction problem or addictive behavior b/c it was a little above the main line on chart
-had elevated partner or relationship distress. She has adjustment stress and PTSD
- very low result for ego strength, meaning her self esteem was low..extremely low
-Dominance was very low also...she's a people pleaser
-Over controlled hostility means you bottle it up and you may explode. #jodiarias was below average for this but not too much
-she's introverted and still has bizarre thinking
- very low for assertive behaviors
-has subjective depression that affects her body, feels apathetic, not much energy, brooding
-feels alienated from other people and herself, major family and authority problems
-paranoia subscales- she really feels like people are out to get her score of 100
-has high paranoia but she was facing trial
-doesn't act out socially but she feels alienated by others and herself
- She has family problems
-Schizophrenia Scales- Her's were high on emotions. She has no control on them & feels alienated by herself and others
-Shyness is not an issue
-has personality issue
(Geff says based on this graph missy:jail: is either 1. Exaggerating, 2. Severely disturbed, 3. Crying for help. Scales indicate significant mental issues and it required additional testing )
-------------------------
Next test was designed to diagnose personality disorder:
-shows Jodi was trying to look good on this test but it wasn't anything out of the ordinary
- normal range for antisocial dependent avoidance
(some of these Qs determine whether or not the client is manipulating the test for specific answers- missy did not.")
-Based on this test it doesn't indicate she has a personality disorder but there are red flags
- is nervous and depressed and maybe PTSD. Need to look further
--------------------------------
another test ... TSI... Looking at whether this person has PTSD
-took it back in 2010 and 2011
-These tests were administered by a diff doctor. JA was 31 at time of result.
-For this test the validity shows missy:jail: was answering in an honest way
-Dissociation is more of an unconscious process - she scored an 89
-Dissociation: blanking, blocking out don't want to deal w/ unpleasant situations - she ranks high
- she has significant trauma symptoms that are more than incarceration related..her PTSD was elevated
----------------------
Now reviewing same TSI test given 18 months later
- same test given by two diff people 18 mo apart yields almost identical scores in anxiety, depression
(Two test showing "history of trauma victimization")
-dysfunctional sexual behavior in a TSI test given 18 mo after the initial one (2010 Jodi didn't think her sexual behaviors were dysfunctional but when she retook test in 2011 it was very elevated )
-his diagnosis- PTSD with anxiety and depression and dissociation .
-Pattern of person severely traumatized w/ anxiety, depression issues & major coping mechanism is dissociation (dissociation: separating thoughts from feelings/detached/doesnt allow feelings to hit her bc would be overwhelming )
----------------------------------------------
TSI-2 test now (TSI-2 administered October 9, 2013. This is 5 years from when Arias was arrested & 2 years from when a test was administered- gave her this one bc he wanted current symptoms-didn't ask her to go back to 2008 at time of murder he just wanted a general feel )
- Again-Based on graph missy:jail: is either 1. Exaggerating 2. Severely disturbed or 3. Crying for help.
- Highest elevation suicidal thoughts, intrusive experiences & dissociation. Other symptoms have dropped in levels
-Dissociation still relatively high level on this TSI-2 test a year ago
- Above average anxiety still there but not as high (on medication)
-Anger hasn't increased, still on same level
-trauma has not disappeared- PTSD is still there and a high score (traumatic symptoms, shows up as highest summary score, almost at clinical level)
- high suicidal ideation
-Depression is a major issue- Also anxiety and dissociation
-------------------------------------
He says can't rule out personality disorders; don't know the cause of the trauma, only that it exists
Personality disorder-Its pervasive and is a pattern throughout your life, it doesn't just all of a sudden appear ; are not easily changeable- Could be genetic, stem from childhood-Out of person's control.
Depression inventory. The classifications are no, mild, moderate or severe.- she is considered severe
------------------------
Malingering test : gauges whether someone plays the victim card
Dec. 2013, administered suicide probability scale, conflict tactics scale and M-FAST
The test taker doesn't know what this test is checking for
Score of 6 is you are faking
She scored a 1- --very low.
Dr. claims were not manipulated by missy despite one questionable answer
-met with #jodiarias 2x and he did not give her part 2 of Erogenous Zones ???
-----------------
another test - (5 years after incarceration)
-anxiety and depression rank high
-Highest scale is suicide
-shows anxiety, low energy and suicidial ideation, no support system
- way below average in dominance, aggressiveness
-Below average in rejecting treatment
-didn't test high for feeling good about herself
-Grandiosity ranks low- doesn't think much of herself
-she not trying to distort truth. She ranks pretty normal (ranks high on validity scale--meaning she's not trying to distort her responses )
-General aggressiveness, disregard of other people's rights, hostility... All below average on an alternative test
-"Anger" is the only one slightly higher on this test- Anger is continuously higher.
-below average for aggressive behaviors, hostility, physical aggressiveness, verbal aggressiveness
- assertiveness is below average- she stays in background and is a submissive person
-she's not able to stand up for herself (this is definitely bull, IMO)
-is a pleaser
-------------------
admintestered suicide specific test :
-she doesn't feel like that now- It was only at time of murder and after arrest
----------------
Overall: missy is not aggressive, avoids conflicts and does not refuse
(in general in overall tests- doesn't trust people has sever depression.)
----------------------------
I always wanted to know what the testing showed from the trial (most scores/evaluations weren't revealed in the trial).
I don't believe all the evaluation today because, if a person has some smarts, the tests can be figured out and answered accordingly- depending on what the person wants to exhibit to the DR, IMO, (and missy:jail: is no dumb-dumb).
I do believe that she may have depression and anxiety, that she feels like people are out to get her now, and that she is a psychopath.
-----------------------------------------------------------------------
----------------------------------------------------------------------
Dr. Geffner is here to refute DrDeMarte and now he is here on more wide sweeping up of all other expert psychs in case too.
He actually interviewed missy :jail:
Dr. DeMarte gave this test back in 2011:
MMPI-2 looks at total personality-The MMPI does not diagnose personality disorders but it diagnoses personality in general
MMPI (Minnesota Multiphasic Personality Inventory) psychological test
This tests were taken in 2011, after she was incarcerated.
-high score on Jodi being psychopath
Dr. G will use DrDeMarte diagnosis of Borderline Personality this trial for sentence, as opposed to fighting in guilt phase.
Test shows that missy:jail: has:
- a peak at bizarre thoughts
-lots of symptoms of trauma
- had body issues
- had demoralization and depression from that scale
-Elevated- anxiety, bizarre thoughts (flashbacks could be it), low self esteem
-Anxiety, depression and low self esteem are the highest
-general fears were just a little above normal
- didn't show she was very obsessed or angry..her anger was low
-was average for following the law
-he rule out if Jodi had an addiction problem or addictive behavior b/c it was a little above the main line on chart
-had elevated partner or relationship distress. She has adjustment stress and PTSD
- very low result for ego strength, meaning her self esteem was low..extremely low
-Dominance was very low also...she's a people pleaser
-Over controlled hostility means you bottle it up and you may explode. #jodiarias was below average for this but not too much
-she's introverted and still has bizarre thinking
- very low for assertive behaviors
-has subjective depression that affects her body, feels apathetic, not much energy, brooding
-feels alienated from other people and herself, major family and authority problems
-paranoia subscales- she really feels like people are out to get her score of 100
-has high paranoia but she was facing trial
-doesn't act out socially but she feels alienated by others and herself
- She has family problems
-Schizophrenia Scales- Her's were high on emotions. She has no control on them & feels alienated by herself and others
-Shyness is not an issue
-has personality issue
(Geff says based on this graph missy:jail: is either 1. Exaggerating, 2. Severely disturbed, 3. Crying for help. Scales indicate significant mental issues and it required additional testing )
-------------------------
Next test was designed to diagnose personality disorder:
-shows Jodi was trying to look good on this test but it wasn't anything out of the ordinary
- normal range for antisocial dependent avoidance
(some of these Qs determine whether or not the client is manipulating the test for specific answers- missy did not.")
-Based on this test it doesn't indicate she has a personality disorder but there are red flags
- is nervous and depressed and maybe PTSD. Need to look further
--------------------------------
another test ... TSI... Looking at whether this person has PTSD
-took it back in 2010 and 2011
-These tests were administered by a diff doctor. JA was 31 at time of result.
-For this test the validity shows missy:jail: was answering in an honest way
-Dissociation is more of an unconscious process - she scored an 89
-Dissociation: blanking, blocking out don't want to deal w/ unpleasant situations - she ranks high
- she has significant trauma symptoms that are more than incarceration related..her PTSD was elevated
----------------------
Now reviewing same TSI test given 18 months later
- same test given by two diff people 18 mo apart yields almost identical scores in anxiety, depression
(Two test showing "history of trauma victimization")
-dysfunctional sexual behavior in a TSI test given 18 mo after the initial one (2010 Jodi didn't think her sexual behaviors were dysfunctional but when she retook test in 2011 it was very elevated )
-his diagnosis- PTSD with anxiety and depression and dissociation .
-Pattern of person severely traumatized w/ anxiety, depression issues & major coping mechanism is dissociation (dissociation: separating thoughts from feelings/detached/doesnt allow feelings to hit her bc would be overwhelming )
----------------------------------------------
TSI-2 test now (TSI-2 administered October 9, 2013. This is 5 years from when Arias was arrested & 2 years from when a test was administered- gave her this one bc he wanted current symptoms-didn't ask her to go back to 2008 at time of murder he just wanted a general feel )
- Again-Based on graph missy:jail: is either 1. Exaggerating 2. Severely disturbed or 3. Crying for help.
- Highest elevation suicidal thoughts, intrusive experiences & dissociation. Other symptoms have dropped in levels
-Dissociation still relatively high level on this TSI-2 test a year ago
- Above average anxiety still there but not as high (on medication)
-Anger hasn't increased, still on same level
-trauma has not disappeared- PTSD is still there and a high score (traumatic symptoms, shows up as highest summary score, almost at clinical level)
- high suicidal ideation
-Depression is a major issue- Also anxiety and dissociation
-------------------------------------
He says can't rule out personality disorders; don't know the cause of the trauma, only that it exists
Personality disorder-Its pervasive and is a pattern throughout your life, it doesn't just all of a sudden appear ; are not easily changeable- Could be genetic, stem from childhood-Out of person's control.
Depression inventory. The classifications are no, mild, moderate or severe.- she is considered severe
------------------------
Malingering test : gauges whether someone plays the victim card
Dec. 2013, administered suicide probability scale, conflict tactics scale and M-FAST
The test taker doesn't know what this test is checking for
Score of 6 is you are faking
She scored a 1- --very low.
Dr. claims were not manipulated by missy despite one questionable answer
-met with #jodiarias 2x and he did not give her part 2 of Erogenous Zones ???
-----------------
another test - (5 years after incarceration)
-anxiety and depression rank high
-Highest scale is suicide
-shows anxiety, low energy and suicidial ideation, no support system
- way below average in dominance, aggressiveness
-Below average in rejecting treatment
-didn't test high for feeling good about herself
-Grandiosity ranks low- doesn't think much of herself
-she not trying to distort truth. She ranks pretty normal (ranks high on validity scale--meaning she's not trying to distort her responses )
-General aggressiveness, disregard of other people's rights, hostility... All below average on an alternative test
-"Anger" is the only one slightly higher on this test- Anger is continuously higher.
-below average for aggressive behaviors, hostility, physical aggressiveness, verbal aggressiveness
- assertiveness is below average- she stays in background and is a submissive person
-she's not able to stand up for herself (this is definitely bull, IMO)
-is a pleaser
-------------------
admintestered suicide specific test :
-she doesn't feel like that now- It was only at time of murder and after arrest
----------------
Overall: missy is not aggressive, avoids conflicts and does not refuse
(in general in overall tests- doesn't trust people has sever depression.)
----------------------------
YESorNO
The Queen (aka "mrsmuir") SWBB
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I do believe that Dr. G may be a good psychologist, but tests alone do not show what a person is and what the problem they are expressing really is. Psychologists use the tests as a jumping off point and usually need to do more talking evaluation in order to have a complete evaluation of the person. He is very limited in this as this "evaluation"- in scores and minimal talking, is for the trial and not therapy.
To me, this is useless and if I were a juror I would throw it all out.
YESorNO
The Queen (aka "mrsmuir") SWBB
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Jodi Arias Trial - Jodi's Rotten Personality - Pyschologist's Discussion
"Dr. Drew and his panel discuss what makes Jodi tick."
[video=youtube;rEENvtcVzGU]https://www.youtube.com/watch?v=rEENvtcVzGU&feature=youtu.be[/video]
"Dr. Drew and his panel discuss what makes Jodi tick."
[video=youtube;rEENvtcVzGU]https://www.youtube.com/watch?v=rEENvtcVzGU&feature=youtu.be[/video]
LinasK
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I remember her, she was really good!
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