trial day 40: the defense continues its case in chief #119

[oceanblueeyes]

:floorlaugh:

With or without frog bits ?

Throw in some frog legs and the omlette is popping out all over the floor.:floorlaugh:

 

[snowshuze]

Still watching the testimony from yesterday and the jury must be SO over this by now. Rereading every single word from the journal of a LIAR. Waste, huge waste.

Well...ya know...because that strategy worked soooo well for RS.

 

[katiecoolady]

Yes he was that mean...he was abusive in every way. They married on my birthday. Sorry you had to go through similar, it is just crappy people I guess. I got the feeling they were obsessed with hurting me.

Well some people only bond by having a common enemy. Ya know? I've noticed that lots of cheaters have to make the one cheated on, the innocent one, somehow deserving of their bad behavior. Once the buzz of that dies down, well good luck with that. I'm sorry,that had to beyond sting. That had to be devastating. Ugh.

(((SweetT))))

 

[SusieD]

http://a.abcnews.com/images/US/ht_ap_jodi_arias_diary_dm_130117_wg.jpg

interesting excerpt from JA's diary after Travis's murder

Well, Jodi, you called him before when she knew he wouldn't answer, so what's the problem now?

Oh yeah, and sorry the grief was "killing you." Nice metaphor.

Gee, you didn't write this stuff for others to read did you?

 

[Kajaa24]

uargh - the link wont copy so i'll type

images.bimedia.net/documents/Arias2.pdf

it wont open though, so please copy and paste....very interesting
these are JA's entries from June 10th when she 'learned' about Travis's murder

 

[Puzzler]

OMG ... is this for real ?

:waitasec: I can't remember which day it was ... but Jodi kept looking towards Mr. Martinez when she was drawing ... [I believe it was ynot ? who thought that Jodi was drawing Mr. Martinez]

Wow ... just creepy IF she really drew this !

No way it's Jodi. Jodi isn't that talented--way too much humanity in his face. And the starting price on this is $7.50.

 

[SheltieMom1]

Can't they do it either way and claw back any future earnings? That's what happened to OJ.

:seeya: Help with 3 questions please!!

1. Can JM call JA's parents as hostile witnesses?

2. Can the Alexander family file a wrongful death suit against JA?

3. JA's broke now, but is it legal for her to write a book and profit from it?


TIA :seeya:

I haven't practiced in a good number of years, and never practiced criminal law, but from memory and law school:

1. I don't think their testimony would be helpful (probative) as to JA's guilt. The tapes deal with information their opinions of Jodi after the fact, not to do with her planning and execution of the crime. This type of evidence is marginally relevant and probably unduly prejudicial. Theoretically, JM could call them as hostile witnesses, but he might not want to do that for tactical or strategic reasons.

2. Depends on the statute of limitations, but they definitely could, regardless of the outcome of the criminal prosecution. As we saw with OJ, even an acquittal is not a bar to a civil claim of responsibility. It is much easier to win a judgment in a civil suit than it is to get a conviction because the burden of proof is significantly lower (preponderance of the evidence v. beyond a reasonable doubt).

3. Depends on state law. Many states do have a prohibition on convicted criminals earning income from the crime they committed. I think it's called a Son of Sam law (from the infamous NY serial killer) after he attempted to profit from his crime. Some states may have ruled this type of law unconstitutional, since it may abridge the convict's first amendment freedom of speech, so they are narrowly tailored so as to not infringe on someone's right to tell their story.

I haven't researched my answers...so sorry in advance if they are confusing or inaccurate in any way. HTH:twocents:

 

[Negative green]

Good day everyone .. I was reading back on page 28 and thought I would hop over here with all of you and try to catch up later. Not looking forward to another day of <modsnip>.

 

[shane13]

thank you shane.

IMO it would be a good idea for the Alexander family to file such a suit, despite her being penniless right now, just to have a judgement entered and on file in the event she ever does have money.

What you said about the state taking all the profits if a book is written by her is interesting! In effect that would recompense the state for the cost of her trial, etc.

thanks again!:seeya:

You're welcome.
But often the family waits till criminal trial is over, because if the perp is convicted--they do not even have to prove their case any more. Already done I believe.

And you are leaving out the part of my answer to #3. While the state takes the profits, states that have this law are mandated to give the profits to surviving family members. State cannot keep the profits.

Again, not an atty, JMO.

 

[Schuby]

I agree all the clinical psych terms trip me up. I want to say she's nuts too. But I have to remember that the truth def of insanity is that the perp truly does not know their actions are wrong.

I she were insane, she wouldn't have gone to such great lengths to cover up the murder both *before* it happened as well as after. An insane person would have jus gone on with the business and left all the evidence behind. And I don't think insanity should be confused with intelligence.

Take Jared Loughner, for example- very likely to use plea of insanity. And will be a toss up there because from what I read he never once covered his tracks or created an alibi. His manifesto, his ammo purchases - all out in the open. I have to remind myself that is the diff between nutso and just plain self-absorbed evil- like I think Jodi is.

I think some people can be SO absorbed in themselves that it is so unnatural to the rest of us and therefore appears insane. But the reality may be that they are just hyper-intense ego-freaks and that could just be the simple truth of it.

Right. My paternal grandmother used to wrap a red blanket around herself and walk around the house saying, "I am Jesus Christ." THAT is legally insane. Not Jodi.

 

[deedee21]

Marcia Clark among others have clearly states that Jodi knew
Right from wrong and knew she had done wrong....
Thus no insanity plea could be made

This is true.insane people could not put this kind of planning into a crime.

 

[katiecoolady]

Legally, insanity is more like what we would call psychosis, as in delusional, intrusive irrational thoughts. Think son of Sam or Andea Yates (though I realize the jury found her guilty). Psychopathy, unless accompanied by paranoid schizophrenia, doesn't reach the legal requirements.

And even sometimes full blown mental illness doesn't make it. I'm surprised they didn't go with an insanity defense here but dayum. I'm thinking JA's mother's sympathy is coming from a belief system that her daughter has "mental problems" and is somehow sympathetic from that.

Someone needs to send her the book "I Hate you, Don't Leave Me'.

 

[jojomonkey]

I say she should have plead insanity b/c pleading insanity is a bit more believable. She may not fit the definition of true insanity but I think she is close enough to it. Also I think there is more evidence of her having something wrong with her mentally then her claims of self defense.

I think all the evidence of premeditation would squelch the insanity defense though, usually people who are legitimately insane don't take such careful steps to cover their tracks before and after crimes. It indicates cognizant careful planning which does not point to insanity.

But I agree that they should bring the mental issues into play if they want to get her spared the death penalty, it doesn't seem like the DT or Jodi chose to go that route though. Trying desperately to convince everyone she is sane and normal just makes all the crazy stand out even more.

 

[Nhic]

IIRC JA doesn't even fit the legal standard of a diminished capacity defense because JM has proven that she planned to murder Travis, that it wasn't a "reckless" act by her. (gas receipts, nowhere to be found for 20 hours during and after butchering Travis, etc. etc.)

 

[Gypseagirl]

I watched a show last night that addressed the insanity defense. Most of the lawyers agreed it is hard to win an insanity case and that the evidence might not show she was insane at the time of the crime.

Such as.....3 gas cans, filling up gas using credit card and cash, bringing a gun (and knife?) to the house, cleaning up the scene, no cell phone use during time in AZ. Too much evidence showing premeditation.

Premeditation...no doubt.

 

[Steely Dan]

I'll be there ready for court at 9:15. Let's see if Alyce can say the same.

I can't understand how testifying in favor of JA would make anybody sick?


I just started a thread in the TV and Entertainment forum for NCIS fans. I don't watch the show, but I'm watching an episode of "Kathy" that Pauley Perrette is on. It turns out she's a big trial watcher. She knows a lot about the JA trial. I wonder if she posts here? :giggle:

 

[raisincharlie]

I know when my ex was cheating on me and I found out he had taken his girlfriend to our favorite vacation spot and they ate at our favorite restaraunt I was heartbroken, furious, jealous...so many things I cannot name. Then I just decided that they were such losers that they could not even think of NEW things to do of THEIR own that they had to use my fav places, as these are places I introduced my ex to. I felt that they were not smart enough to find their own special places and it made me feel a little better. But I would totally understand if Jodi had been jealous of MIMI going to Cancun with Travis. To me that would seem the normal reaction, I have a hard time believing that jealousy never was a factor for her.

Without going through a ton of stuff - I agree, Jodi didn't have a single non-jealous bone actually. On top of that she was paranoid - accused her parents of snooping so I suspect she thought everyone snooped but the reality was she was the snooper.

Look at the timeline - Mimi testified Travis asked her about going to Cancun in early May 2008. Just so happens on May 10th Jodi records a sex tape on Travis. Claims Travis told her her Mimi might be the one. May 26th Travis explodes and tells Jodi he is going to expose her, calls her a sociopath. May 28th a gun is stolen from Grand Pa's. June 2 the witch is on the road collecting necessary things as she goes.

I really want to know what prompted Travis to write the May 26th email. Just my guess is she threatened him with that phone tape, to expose him to Mimi because Travis was interested in her, the church, and all his friends. This was her shot at control and Travis didn't bite is my guess. Jealousy for Jodi was overwhelming at that point - it was time to "cut off its life source".

 

[shantastic]

I just noticed something in regards to the duct tape and Body Bugg. JA says the duct tape was to keep his Body Bugg on. I just found this pic from the crime scene that shows a fully intact Body Bugg. Why would he need duct tape to keep it on? Thoughts???

http://s1352.photobucket.com/user/forwinteriscoming/media/IMG_2971_zps29fd01ab.jpg.html?sort=3&o=2

 

[UESwifey]

Good day everyone .. I was reading back on page 28 and thought I would hop over here with all of you and try to catch up later. Not looking forward to another day of <modsnip>

BBM :floorlaugh::floorlaugh:

 

[bznbear]

Netflix has it. And a free trial.

Beautiful avatar, beautiful niece! :seeya: