The State Rests in the State v Jodi Arias: break in trial until 28 January 2013 #10

[GetSmart]

I do wish the prosecution would provide better charges the ones they offer seem to have holes ... come up with more choices to charge against her ..

 

[Linda7NJ]

One of the many problems with the DP is illustrated by this case.

In my opinion the prosecution was foolish to go for the DP, as juries are famously reluctant to sentence women to death.

In this case, Jodi's age and her (totally insane) reasoning will work in her favour...this is what the French call a "crime of passion" and it is treated more lightly in European countries simply because it occurred between two lovers.

I suspect the jury in this case will deep down believe that she was acting as a "woman scorned" and that Travis in some way contributed to her fury.

I can't say I disagree - what she did is revolting and horrific, but she didn't do it randomly like James Holmes, or without a clear motive.

Travis was clearly unable to stop having sex with her, yet dismissing her immediately afterwards as if she was a hooker.

I can understand her rage, and I suspect the jury will be able to as well.

If the only choices are the DP or Not Guilty, the jury will almost certainly lean toward acquittal.

If the choice was LWOP or Not Guilty, they would have no problem at all finding her guilty as charged.

:cow:

Sadly, I agree with you.

IMO she deserves the needle, just don't believe she'll get it. Hope I'm wrong

 

[Linda7NJ]

I was thinking out loud!! It seemed Jodi like CA lived in her own fantasy world ..

They see others as objects to manipulate for their own purpose. Pawns in their world

 

[BritsKate]

One of the many problems with the DP is illustrated by this case.

In my opinion the prosecution was foolish to go for the DP, as juries are famously reluctant to sentence women to death.

In this case, Jodi's age and her (totally insane) reasoning will work in her favour...this is what the French call a "crime of passion" and it is treated more lightly in European countries simply because it occurred between two lovers.

I suspect the jury in this case will deep down believe that she was acting as a "woman scorned" and that Travis in some way contributed to her fury.

I can't say I disagree - what she did is revolting and horrific, but she didn't do it randomly like James Holmes, or without a clear motive.

Travis was clearly unable to stop having sex with her, yet dismissing her immediately afterwards as if she was a hooker.

I can understand her rage, and I suspect the jury will be able to as well.

If the only choices are the DP or Not Guilty, the jury will almost certainly lean toward acquittal.

If the choice was LWOP or Not Guilty, they would have no problem at all finding her guilty as charged.

:cow:

The nature of this crime very much warrants the death penalty, Sapphire, on a legal standard alone. The choice is never DP or acquittal - there is a separate sentencing phase if the defendant is convicted. That's when they decide between LWOP and DP.

As to the rest, I hope you're wrong. I really do. I've very intimately followed this case and I just don't or can't see it the same way you do.

Incidentally the premeditation in this case is what makes a crime of passion untenable for the defense. A crime of passion legally translates to in the heat of the moment - not necessarily indicative of the relationship.

ETA: SS, I'm sorry. My fault for posting when I should be sleeping. I reread what you'd written...you feel they should have just gone for LWOP. Duh. I dunno...legally speaking they have a strong case if they prove to the jury it went down the way they say it did. (That's iffy.)

Travis' family is very, very adamant they want her to receive the DP so I support them...I just hope the jury agrees.

 

[Laceybug]

I was thinking out loud!! It seemed Jodi like CA lived in her own fantasy world ..

Well... from looking at the pictures of where she lived...vs Travis' house... Poverty stricken, small, sad house. Her room was even sad. Quite the contrast to the lifestyle of Travis and his friends. Cinder-frikken-Rella

 

[Linda7NJ]

Exactly. My dd's little "boyfriend" recently posted a pic of himself on fb and if he had been murdered immediately after you would swear he was looking into his tormentor's eyes and just trying to do anything to please him/her. In reality, he was trying to look like a tween's perception of model hot. I wish I could post it here so you could see how [insert any negative emotion here] he looks.

Lol I have a 15 year old that actually did a pouty faced shirtless pic trying to be sexy...I made him take it down. I told him he looked like pedophile bait. He didn't argue! Lol

 

[Linda7NJ]

The nature of this crime very much warrants the death penalty, Sapphire, on a legal standard alone. The choice is never DP or acquittal - there is a separate sentencing phase if the defendant is convicted. That's when they decide between LWOP and DP.

As to the rest, I hope you're wrong. I really do. I've very intimately followed this case and I just don't or can't see it the same way you do.

Incidentally the premeditation in this case is what makes a crime of passion untenable for the defense. A crime of passion legally translates to in the heat of the moment - not necessarily indicative of the relationship.

*i* don't see it that way at all...I just fear the jurors may.

 

[GetSmart]

I have no expectations of common sense of jurors after that CA verdict :banghead:

 

[PrincessSezMe]

One of the many problems with the DP is illustrated by this case.

In my opinion the prosecution was foolish to go for the DP, as juries are famously reluctant to sentence women to death.

In this case, Jodi's age and her (totally insane) reasoning will work in her favour...this is what the French call a "crime of passion" and it is treated more lightly in European countries simply because it occurred between two lovers.

I suspect the jury in this case will deep down believe that she was acting as a "woman scorned" and that Travis in some way contributed to her fury.

I can't say I disagree - what she did is revolting and horrific, but she didn't do it randomly like James Holmes, or without a clear motive.

Travis was clearly unable to stop having sex with her, yet dismissing her immediately afterwards as if she was a hooker.

I can understand her rage, and I suspect the jury will be able to as well.

If the only choices are the DP or Not Guilty, the jury will almost certainly lean toward acquittal.

If the choice was LWOP or Not Guilty, they would have no problem at all finding her guilty as charged.

:cow:

My understanding is that they are determining 1st degree murder charges, and that the sentencing will be determined if and when she is convicted. I believe they can still recommend a sentence of LWOP if they find her guilty? Please correct me if I'm wrong.

 

[dgfred]

I think she went there with the specific intent that if she couldn't have Travis no one would. About two weeks before he was murdered Travis posted a blog about the type of woman he wanted to marry and spend his life with. (I truly believe Jodi stalked Travis online and knew all about that blog entry.)

The week before he died Travis broke up with her for what really seemed like the final time. (I don't know what happened that she got inside that day but I do think she is highly manipulative.)

Chris Hughes believes Cancun meant a great deal to Jodi because it was on their 1000 Places to See list. I'm not sure. It may have been a factor but I don't believe it was the factor. I think Jodi wanted Travis and his trappings. She wanted a good life with a great guy. I believe her mind was already made up before she ever got to his house.

I kinda think she used the check for the BMW to gain initial entry - not expecting him to even be awake and having to cover once he was. Once inside I think it became a full on psych assault of apologies, promises, and gas lighting. From everything his friends and family have said Travis had a very difficult time seeing bad in anyone. Somehow I think that only made Jodi's 'job' easier.

Sounds ok to me. A couple of questions for all.
About her cell phone off. Do we know if there were any txt/calls to Travis before she arrived? Someone mentioned her phone being off.
How would she of got in if she expected him to be asleep?
Wasn't the roommate home? If so, was that unexpected?
Do you think the sexual parts were her just trying to make him sleepy, or maybe trying to get him to change his mind?
Do you think she got dressed and said I will see you later, or she was there and he said I'm going to take a shower?

More in a bit.

 

[GetSmart]

Do you think the sexual parts were her just trying to make him sleepy, or maybe trying to get him to change his mind?

Her last ditch effort !!! Then I think they had words and she lost it knowing full well it wasnt gonna be her !!! JMO

I also think its kinds odd in the CA case she sooo wanted to go with everyone to Puerto Rico ...

 

[Linda7NJ]

Sounds ok to me. A couple of questions for all.
About her cell phone off. Do we know if there were any txt/calls to Travis before she arrived? Someone mentioned her phone being off.
How would she of got in if she expected him to be asleep?
Wasn't the roommate home? If so, was that unexpected?
Do you think the sexual parts were her just trying to make him sleepy, or maybe trying to get him to change his mind?
Do you think she got dressed and said I will see you later, or she was there and he said I'm going to take a shower?

More in a bit.

I thought that Travis was known to be a night person? I don't know why people think she believed he would be sleeping.

There was talk of but no testimony that she climbed through the doggy door before. In the Interview with detective, in court and what the jury heard, she bragged about knowing the code to the garage.

 

[Karmady]

One of the many problems with the DP is illustrated by this case.

In my opinion the prosecution was foolish to go for the DP, as juries are famously reluctant to sentence women to death.

In this case, Jodi's age and her (totally insane) reasoning will work in her favour...this is what the French call a "crime of passion" and it is treated more lightly in European countries simply because it occurred between two lovers.

I suspect the jury in this case will deep down believe that she was acting as a "woman scorned" and that Travis in some way contributed to her fury. I can't say I disagree - what she did is revolting and horrific, but she didn't do it randomly like James Holmes, or without a clear motive.


Travis was clearly unable to stop having sex with her, yet dismissing her immediately afterwards as if she was a hooker.

I can understand her rage, and I suspect the jury will be able to as well.

If the only choices are the DP or Not Guilty, the jury will almost certainly lean toward acquittal.

If the choice was LWOP or Not Guilty, they would have no problem at all finding her guilty as charged.

:cow:

~bbm

ITA. She WAS a woman scorned and, very likely, if he'd changed his mind about the trip or her eligibility for marriage -- even if he didn't mean it -- he'd be alive today. I think the far better defense would have been heat of passion based on that she didn't intend to kill him, necessarily, until he had one last sexual fling with her than kissed her off for good and all. Strict self-defense isn't gonna cut it here unless there's a star witness off in the wings about prior violent or extremely mentally abusive conduct on Travis's part.

 

[Jax49]

My understanding is that they are determining 1st degree murder charges, and that the sentencing will be determined if and when she is convicted. I believe they can still recommend a sentence of LWOP if they find her guilty? Please correct me if I'm wrong.

Correct. If found guilty then the case will enter the penalty phase.

Question for any legal experts. If convicted of either of the two counts could she be sentenced to less than LWOP? I'm guessing the answer is yes.

MOOOOOOOO

 

[GetSmart]

I think it was a complete surprise to Travis and I think she shot him first then stabbing began ..because if he had been able he would have dialed 911 or something similar

 

[BritsKate]

Sounds ok to me. A couple of questions for all.
About her cell phone off. Do we know if there were any txt/calls to Travis before she arrived? Someone mentioned her phone being off.
There were calls. TMK they went to his voicemail but admittedly I wasn't paying astute attention.
How would she of got in if she expected him to be asleep?
She knew his garage code number. There is access from the garage. I don't know if that door was typically locked or not. She'd already broken into his house before (using the doggy door) and I really wouldn't put it past her to have made a key at some point.
Wasn't the roommate home? If so, was that unexpected?
One roommate was house sitting. The other leaves for work at 6am. By her own account she got there at 4am. I don't know if she knew roommate's schedules or not.
Do you think the sexual parts were her just trying to make him sleepy, or maybe trying to get him to change his mind?
If those are my only choices I pick the latter. More likely I think it was meant to lull him into believing the lies I think she told him that day.
Do you think she got dressed and said I will see you later, or she was there and he said I'm going to take a shower?
Well we know she was dressed by the dragging picture. I don't think he realized she was right there with the camera - iirc there's a closet that opens into the bathroom as well. I could be wrong on that though - that was one of the first days of trial. He had a conference call at 7pm that night. I think he might've thought she was leaving but I'm not sure.

More in a bit.

My responses in bold.

 

[Karmady]

Lol I have a 15 year old that actually did a pouty faced shirtless pic trying to be sexy...I made him take it down. I told him he looked like pedophile bait. He didn't argue! Lol

omg, EXACTLY, except I think in my case he's 13-14. Too much pop culture for all the kiddos!

 

[PASA]

I've only seen him speak with JA once and that was before trial one day. Most days it's like he doesnt even acknowledge her existence. I don't get the impression he enjoys being her public defendant. He makes me nervous when he gets up to cross... not sure why. I'm NOT a Nurmi/Numbi fan...

He tried to get removed from the case and was denied.
When I see him I think "I wouldn't want him defending me".

 

[BritsKate]

I thought that Travis was known to be a night person? I don't know why people think she believed he would be sleeping.

There was talk of but no testimony that she climbed through the doggy door before. In the Interview with detective, in court and what the jury heard, she bragged about knowing the code to the garage.

That's a good point but I assumed he would be too. I know he and Jodi's calls were in the middle of the night often but at 1am. Guess I was thinking he wouldn't still be awake but there's nothing to back that thought up.

I think she used the check as a ruse initially. But really what'd she do? Knock on the door at 4am and go 'I just drove 1030 miles to give you this.' :waitasec:

 

[PrincessSezMe]

Sounds ok to me. A couple of questions for all.
About her cell phone off. Do we know if there were any txt/calls to Travis before she arrived? Someone mentioned her phone being off.
How would she of got in if she expected him to be asleep?
Wasn't the roommate home? If so, was that unexpected?
Do you think the sexual parts were her just trying to make him sleepy, or maybe trying to get him to change his mind?
Do you think she got dressed and said I will see you later, or she was there and he said I'm going to take a shower?

More in a bit.

Here's a link to the transcription of the testimony about her cell phone calls to TA on June 3rd. She did make a couple of calls to him, but they went to voice mail. Websleuths Crime Sleuthing Community - View Single Post - *graphic and adult content* Jodi Arias Trial media/ timeline thread **no discussion**