trial day 49: REBUTTAL; #150

[Love Never Fails]

If you know anything about migraines, stress can be a major trigger. I have had migraines since I was a child and had them into my 30's. Once I left a very stressful job, I no longer had migraines.

I think when Dr. DeMarte took the stand and broke down Jodi's testimony, personality and all her excuses, it overwhelmed Jodi. You could tell from her obsessive drawing and note taking that she was angry and seething inside. The past few days have been very stressful for her.

There are different levels to migraines and some are more debilitating than others. You can have a migraine, take some medicine and still work or function. Other migraines which involve an aura, flashing lights, numbness on one side of your body, vomiting, pain, confusion, and sensitivity to lights can be debilitating.

Jodi seems to have a milder type and she probably could function fine taking medication. She is milking this condition so she does not have to listen to this Dr. peel back the layers and revel the monster. :furious:

She is only delaying the inevitable. No matter how many delays there are, the trial goes and and Jodi is convicted.

 

[SCSam]

And what is this??
4/18/2013 005 - ME: Hearing - Party (001) 4/18/2013 from
http://www.superiorcourt.maricopa.g...rtCases/caseInfo.asp?caseNumber=CR2008-031021

 

[rose222]

I'm reading a bit about the Scott Falater trial where JM was the prosecutor. Scott stabbed his wife 44 times and claimed he was sleep-walking while he killed his wife.
He was found guilty of first-degree murder. Some interesting points:


"In his closing argument, Martinez said the murder was premeditated. Martinez pointed out that Falater was able to recognize and quiet his dog during the alleged sleepwalk.

"How come he can?'t recognize his wife?" asked Martinez. "Because he?'s making it up."

Prosecutors charged that Falater changed his bloody clothes and boots, and stashed them in a plastic container along with the murder weapon. They called the act a deliberate, cold-blooded murder.

Kimerer argued that every expert has said there is a connection between sleepwalking and homicide. He said Falater should be set free because he did not consciously know what he was doing at the time and his brain was "fast asleep."

Court clerk Kelly Branding read the jury's verdict--guilty of premeditated murder in the vicious January 1997 death of his wife, Yarmila.

In the downtown Phoenix courtroom where they had practically lived for six weeks, nine of the 12 jurors spoke, often eloquently, about their decision.
The jury had at least 44 reasons--the number of knife wounds in Yarmila Falater's body--to convict Scott Falater.

Falater had one chance, and the veteran Kimerer--a practical, levelheaded man--had conceded privately that it was a long shot: to convince the jury that Falater had murdered his beloved wife in an unconscious sleepwalking state. Kimerer and Voepel depicted Falater as a pacific individual who was stressed over problems at work, had been sleeping poorly and, one tragic night, had unwittingly murdered his beloved wife.

It probably wouldn't have hurt the prosecution case if they'd conceded all of the above--minus the sleepwalking. Many people are stressed about work and sleep poorly, but don't butcher their loved ones.

But Martinez conceded nothing. Instead, he argued that Falater had stabbed Yarmila in a rage, then calculatingly drowned her

Questions from jurors came fast.

One asked Falater to clarify the two types of stress he'd referred to during his testimony. Falater replied that the stresses of being overworked didn't bother him, but that "playing the game, so to speak" with his bosses and subordinates (as Yarmila had suggested that he do) did.

Other questions from jurors were head-scratchers:
"What did you have for dinner on the night of the murder?" one asked. Falater said he couldn't remember.

"Do you always write with such a tiny pencil?" a juror asked Falater, referring to the golf pencils with which the defendant had taken voluminous notes.

"Uhhhh," Falater answered, then couldn't help laughing. The jurors and Judge Reinstein--who read the question with an almost-straight face--joined in the brief laughter.

The silly question allowed Falater to connect, at least for a moment, with his peers.

He finally explained that the sheriff's office issues only tiny pencils because of security reasons.

The jurors studied Falater as he walked past them back to his seat. He'd held his ground on many issues, and lost ground on others. But had he won them over?

In the end, jurors said they believed the prosecution sleep experts more than they believed the defense experts."

 

[Liebchenmutti]

ITA. When people say they have had migraines and kept going, they never had a severe migraine. It's like having surgery without anesthesia. It hurts that bad. I resent the ignorance of some who claim otherwise. As for JA, she may have a headache or sinus, or an actual attack of guilt but I doubt it is a true migraine.

My migraines started when I was in elementary school & increased in severity at age 16. After having 3 children, the headaches have become less severe--I rarely have a debilitating one, but it can happen.

I've been to many neurologists, tried almost every known medicine from Maxalt, Midrin, Fiorinal w/codeine, Imitrex, beta blockers, Topiramate, Depakote, Vicodin, etc. including Botox injections in my neck.

My headaches would last between 3-5 DAYS. Intractable pain, aura that would leave me blind in one eye, numb hands and arms, vomiting, mental confusion, and if you saw my face, it looked like I had just had major blood loss, the circles underneath my eyes would be black, and I would avoid all activities except lying down in a cold, quiet, dark room.

I don't know what severity Jodi's headaches are & I don't care. She needs to be in her seat unless she's actively vomiting. She can even put her head down--but she needs to suck it up. Are the DT so clueless that they aren't aware that the jury must be furious that she keeps wasting their time???

 

[Linda7NJ]

Please visit my website for information on my upcoming speaking schedule. True greatness of the soul is in loving God and in humility.


That's from ALV yesterday. Apparently the social media backlash hasn't affected her all that much. :floorlaugh:

Humility? That's laughable... Coming from her. That's rich


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[tss]

I haven't read back yet but this morning I was hoping to see JW found in contempt and fined by the court for her "b____" muttering yesterday.

That's how much it's bothering me that JW gets away with so much unprofessionalism. It's time she is called out for it.

The Battered Woman Syndrome€™ author on Arias

http://www.youtube.com/watch?v=IyfJnCngM0w

Published on Apr 17, 2013

In an exclusive interview with Nancy Grace, Dr. Lenore Walker, author of “The Battered Woman Syndrome,” and executive director of the Domestic Violence Institute, speaks out about the murder trial of Jodi Arias.

Jodi Arias’ defense attorney Jennifer Willmott grilled the state’s rebuttal witness Janeen DeMarte on Wednesday, saying Walker no longer follows her own criteria when evaluating someone to determine if they are a battered woman.

“I still use it,” Walker told Grace.

“If Jodi Arias was lying about Travis Alexander abusing her, could she still be a battered woman?” Grace asked Walker.

“Sure. Battered women lie all the time. That’s how they stay alive. That’s how they deal with the shame that they feel, so lying is not new for battered women,” Walker said.

“It is not just whether or not someone’s a battered woman that’s important in these cases as you well know, Nancy. It doesn’t give them a free pass just because they’re a battered woman. It’s really used only to help us understand whether or not they were in fear of what was happening, that they would be seriously harmed or killed at the time that they commit a homicide. That’s what we have to look at, and that’s not what I’ve heard yet in this trial,” Dr. Walker added.

 

[Ammonitida]

And what is this??
4/18/2013 005 - ME: Hearing - Party (001) 4/18/2013 from
http://www.superiorcourt.maricopa.g...rtCases/caseInfo.asp?caseNumber=CR2008-031021

The ME is returning? Please no.

 

[hayaletcatcher]

I have been lurking here,well the missing persons forums, for many a year and this case finally tipped me into joining as its really made me question my anti DP beliefs.

And of course the sheer guest numbers on these threads made we want to dip my toes in more.I have been trying for a while (damn email address, if you are a guest having trouble signing up, and keep putting it off like i did. Email! It's so simple) but have had some wonderfully fast help from chicoliving! (mod?)

This is the first court case I have ever followed by watching daily, although frustrating at times, I am so glad I have whilst reading all of your input. Following since Jodi was arrested has it draw backs with the huge amount of information, story changes and outright lies but I know some of you have all the info locked down! And the awesome wen (the rest of the user name escapes me but I'm sure you all know who) for the transcripts when I am unable to watch. Helping me actually getting some things done in the evenings (Being a Brit it's 5.30pm start here.... well we all know how often that actually happens) Yesterday pee'd me right off after waiting so long for the afternoon segment.

So glad I finally became a member and can't wait too explore. So off too have a look round, see you all back here in 3 and a half hours?

 

[atthelake]

Morning Peeps! :seeya:

As usual, I am still catching up before I go to work. I think Dr. D did will yesterday. JW seemed to try very hard to have a gotcha moment but it seemed that Dr. D was able to see neutral as possible.

I thought it showed the most when JW was trying to say that Dr. D said JA didn't fit as a battered woman, and Dr. D stated JA didn't fit Battered Women's Syndrome. I hope the jury is logical enough to see the truth in that statement.

Am I wrong in thinking JM will be able to recross or is that NOT part of rebuttal? Only 2 jury questions. And all when JW was speaking. What does that say to us? They want clarification?

K

I have on good authority that one of the questions is "what is your definition of a *advertiser censored*?"

 

[Ammonitida]

The Battered Woman Syndrome€™ author on Arias

http://www.youtube.com/watch?v=IyfJnCngM0w

Published on Apr 17, 2013

In an exclusive interview with Nancy Grace, Dr. Lenore Walker, author of “The Battered Woman Syndrome,” and executive director of the Domestic Violence Institute, speaks out about the murder trial of Jodi Arias.

Jodi Arias’ defense attorney Jennifer Willmott grilled the state’s rebuttal witness Janeen DeMarte on Wednesday, saying Walker no longer follows her own criteria when evaluating someone to determine if they are a battered woman.

“I still use it,” Walker told Grace.

“If Jodi Arias was lying about Travis Alexander abusing her, could she still be a battered woman?” Grace asked Walker.

“Sure. Battered women lie all the time. That’s how they stay alive. That’s how they deal with the shame that they feel, so lying is not new for battered women,” Walker said.

“It is not just whether or not someone’s a battered woman that’s important in these cases as you well know, Nancy. It doesn’t give them a free pass just because they’re a battered woman. It’s really used only to help us understand whether or not they were in fear of what was happening, that they would be seriously harmed or killed at the time that they commit a homicide. That’s what we have to look at, and that’s not what I’ve heard yet in this trial,” Dr. Walker added.

LOL

Lenore makes no sense. If she lied about Travis abusing her, then he DIDN'T abuse her.

 

[The Farm]

And if anything, the last two days with Dr. D on the stand, JA has rapidly declined in affect and appearance. She has barely looked at the jury and the witness. When ALV was on the stand she seriously stared and stared at the jury for days. Everytme they came in and out of the courtroom. Then she and JW spent countless days talking back and forth, making head movements to testimony and saying things.

All of the sudden she is almost mute and in another world. Its almost as if she is trying to pretend if she doesn't see the witness she can't exist. Some avoidance there

. Also, about the copyright. IIRC didn't RS talk about photocopying the test since he gave it to JA more than once or something? I don't have time to look for the link, but am pretty sure that the copyright talk went both ways.

I probably am wrong, but the constant trying by JW to prove the witness is inexperienced and not worthy of being an expert witness just seem inadequat at best?

K

Absolutely true!!!!! Jodi and her team know the gig is up.
As I said earlier I love you Dr D.

 

[BeachGirlFromPA]

The Battered Woman Syndrome€™ author on Arias

http://www.youtube.com/watch?v=IyfJnCngM0w

Published on Apr 17, 2013

In an exclusive interview with Nancy Grace, Dr. Lenore Walker, author of “The Battered Woman Syndrome,” and executive director of the Domestic Violence Institute, speaks out about the murder trial of Jodi Arias.

Jodi Arias’ defense attorney Jennifer Willmott grilled the state’s rebuttal witness Janeen DeMarte on Wednesday, saying Walker no longer follows her own criteria when evaluating someone to determine if they are a battered woman.

“I still use it,” Walker told Grace.

“If Jodi Arias was lying about Travis Alexander abusing her, could she still be a battered woman?” Grace asked Walker.

“Sure. Battered women lie all the time. That’s how they stay alive. That’s how they deal with the shame that they feel, so lying is not new for battered women,” Walker said.

“It is not just whether or not someone’s a battered woman that’s important in these cases as you well know, Nancy. It doesn’t give them a free pass just because they’re a battered woman. It’s really used only to help us understand whether or not they were in fear of what was happening, that they would be seriously harmed or killed at the time that they commit a homicide. That’s what we have to look at, and that’s not what I’ve heard yet in this trial,” Dr. Walker added.

BBM

Well, I guess she and RS agree on one thing...didn't he say it wasn't a 'get out of jail free card'?

 

[Gypseagirl]

The Battered Woman Syndrome€™ author on Arias

http://www.youtube.com/watch?v=IyfJnCngM0w

Published on Apr 17, 2013

In an exclusive interview with Nancy Grace, Dr. Lenore Walker, author of “The Battered Woman Syndrome,” and executive director of the Domestic Violence Institute, speaks out about the murder trial of Jodi Arias.

Jodi Arias’ defense attorney Jennifer Willmott grilled the state’s rebuttal witness Janeen DeMarte on Wednesday, saying Walker no longer follows her own criteria when evaluating someone to determine if they are a battered woman.

“I still use it,” Walker told Grace.

“If Jodi Arias was lying about Travis Alexander abusing her, could she still be a battered woman?” Grace asked Walker.

“Sure. Battered women lie all the time. That’s how they stay alive. That’s how they deal with the shame that they feel, so lying is not new for battered women,” Walker said.

“It is not just whether or not someone’s a battered woman that’s important in these cases as you well know, Nancy. It doesn’t give them a free pass just because they’re a battered woman. It’s really used only to help us understand whether or not they were in fear of what was happening, that they would be seriously harmed or killed at the time that they commit a homicide. That’s what we have to look at, and that’s not what I’ve heard yet in this trial,” Dr. Walker added.

I thought Dr. Walker was awesome. I'm glad to hear from her own words that she still uses her 6 step. Why on earth would JW say otherwise!! :facepalm:

 

[Linda7NJ]

From your link:

To bring an end to the problem, the jail confiscated pencils previously issued to the inmates. Beginning Monday they have been issued two crayons a piece to use as writing utensils.

"The law requires that writing materials be issued so the inmates can communicate with legal counsel," Rogers said. "The crayons are more safe and less costly - and the jail doctor can handle any problems that might arise from the crayons."

Jodi needs crayons. :fence:

I'm sure sheriff joe would agree if he can annoy inmates and save money! Please forward! .lol


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[RadarLuv]

Good morning. I hope we are off to the races soon!

 

[Ammonitida]

Why do you feel worried? It seems that in the past most of the jury questions have come during the DT cross/recross portions and they were mostly to clarify witness statements that involved JA.



K

I'm worried that one of those questions will be critical of JD and give me more concerns about the verdict. I'd prefer no questions honestly.

 

[Liebchenmutti]

I'm reading a bit about the Scott Falater trial where JM was the prosecutor. Scott stabbed his wife 44 times and claimed he was sleep-walking while he killed his wife.

<snipped for space>

One asked Falater to clarify the two types of stress he'd referred to during his testimony. Falater replied that the stresses of being overworked didn't bother him, but that "playing the game, so to speak" with his bosses and subordinates (as Yarmila had suggested that he do) did.

The jurors studied Falater as he walked past them back to his seat. He'd held his ground on many issues, and lost ground on others. But had he won them over?

In the end, jurors said they believed the prosecution sleep experts more than they believed the defense experts."

I've always thought that Falater was going to murder his entire family that night, but the neighbor stopped him. He reminds me of other familicide perps like John List--they are under enormous stress their jobs, they are lacking the ability to be effective or successful at work, their wives may add to the pressure of his lack of salary or position, they feel that the only way to move on from failure is to kill the family and start over, like John List. Religion is often involved--JL was Lutheran, lived with his mother in a large house he couldn't afford, was ineffective at work and had a demanding wife. Falater was facing pressure from his wife to move away from the Mormon faith.

Juan was brilliant on that case--it was difficult to get beyond a reasonable doubt with the defense putting on sleep experts. I thought that the possibility of him sleepwalking could easily sway at least one juror--but Juan didn't let that happen.

 

[gauntlet]

There's a hearing listed for the docket today.

4/18/2013 005 - ME: Hearing - Party (001) 4/18/2013

Could they discuss previous motions in these?

NOTE: DEFENDANT’S MOTION TO COMPEL; JOURNALS SEIZED FROM MS. ARIAS’ JAIL CELL ON OR ABOUT APRIL 1, 2013
4/9/2013 012 - ME: Trial - Party (001) 4/9/2013
4/7/2013 MOT - Motion - Party (001) 4/8/2013
NOTE: MOTION TO PRECLUDE; ANY AND ALL EVIDENCE RELATED ANY WEIGHT ASSESSMENTS OR TESTING ON SHELVING AT PLACE OF DEATH

ps. I'm a JM fan too *struts new avatar* but I don't think we should be talking about his personal life.

 

[Southern_Meadow]

The ME is returning? Please no.

I don't know if the ME in the case of this hearing is for the Medical Examiner, but Kevin Horn is on the rebuttal witness list.

 

[Veritas_Vita]

I have been lurking here,well the missing persons forums, for many a year and this case finally tipped me into joining as its really made me question my anti DP beliefs.

And of course the sheer guest numbers on these threads made we want to dip my toes in more.I have been trying for a while (damn email address, if you are a guest having trouble signing up, and keep putting it off like i did. Email! It's so simple) but have had some wonderfully fast help from chicoliving! (mod?)

This is the first court case I have ever followed by watching daily, although frustrating at times, I am so glad I have whilst reading all of your input. Following since Jodi was arrested has it draw backs with the huge amount of information, story changes and outright lies but I know some of you have all the info locked down! And the awesome wen (the rest of the user name escapes me but I'm sure you all know who) for the transcripts when I am unable to watch. Helping me actually getting some things done in the evenings (Being a Brit it's 5.30pm start here.... well we all know how often that actually happens) Yesterday pee'd me right off after waiting so long for the afternoon segment.

So glad I finally became a member and can't wait too explore. So off too have a look round, see you all back here in 3 and a half hours?

:thewave::Welcome1::welcome3: