A very long analysis of CMJA's lie that she saw Travis with child
on Jan 21.
A. The phone calls that day (January 21, 2008)
- a total of 5 calls from T to her.
The first call of the day was from her to him, at 3:53pm. Then:
J to T--- 4:09pm
T to J---4:39
J to T---4:53
T to J --4:54
T to J --5:11
T to J--5:20
T to J--5:48
J to T--5:53
B. The texts began at 5:38pm.
J to T 5:38-- I can't remember. Am I coming 4 you at 10:30 on Wednesday?
J to T, 6:41--can we trade cars before FHE (which starts at 7pm)
J to T, 7:19 ---never mind. Store closes at 8. I'll go tomorrow
J to T, 7:20- --same message about store
T to J, 7:24-- I got a ride to FHE. Now you can just go get it. Let me know when u make the exchange.
J to T, 7:25--I fell asleep. You woke me up. We'll see.
T to J, 7:27--- Asleep? You must not need it that bad. I got a ride so you could go get the car. Now you're just going to sleep?
7:38 J to T - I have a really bad headache..I can barely move.
9:11 T to J - Alright. Get it tomorrow then.
9:16 J to T- Can you talk right now?
9:19pm T to J - Not right now
11:33pm J to T - how long?
C. Her story about that day, condensed and paraphrased from testimony:
Worked at Mimi's Cafe in am, the morning shift. Says can't remember what time restaurant opened, when her shift began, or when it ended. Went to T's directly from restaurant. Drive took approx 20 minutes. Said it was "well before dark."
Walked thru open door, went directly upstairs, might have called his name. Were broken up but she went there almost every day. T needed help with putting boxes in the attic. Discussed her coming over that day? Yes, weeks ahead of time, ok, ok, probably that day. By phone. No morning cell calls. By landline then. Caught in lie. She didn't have a landline then, which JM forces her to admit.
Long back and forth about how it was arranged. Lots of squirming, lip licking. Then.
She helped him with boxes. Left. Came back because she had left the angel. Saw him with photo gracefully falling to floor. Fled. Went home. Threw up. Cried. Drive around in her car. Went to Mormon visitor center. Travis desperately trying to reach her...many many phone calls from him to her. She didn't answer.
D. Context- the restaurant
CMJA testifed that she didn't know what time Mimi's opened, that she typically worked morning shifts, and that her shift lasted 4-6 hours on average.
I looked. Mimi's opens at 7am. Having waitressed then managed a restaurant to pay my way through my first graduate degree, I'm very familiar with how shifts work.
She clearly didn't open Mimi's, which means she didn't do a breakfast shift. She did lunch. Lunch servers most places come in between 10am & noon, and stay through at least 3-4pm, until the dinner shift arrives to prep. FWIW, breakfast and lunch shifts are typically assigned to least skilled servers; experienced servers choose dinner shifts because they can earn significantly more in tips.
Her lunch shift ended no earlier than 2, at the very earliest, and closer to 4pm is more likely. For certain, on Jan 22, the next day, she was first scheduled to work til 4pm, but her shift was extended by an hour.
D. Context- the calls.
The first call made on the 21st between the two was from her to Travis, just before 4pm, consistent with her about to get off work, as is her second call to him, just after 4.
Then there is an exchange of calls, a brief lapse, then Travis calling her multiple times, last call shortly before 6. Travis went to Family Home Entertainment Night on Mondays, which began at 7pm. He likely would have left the house no later than 6:30 .
The calls and texts and Travis going out to FHE establish that it was impossible for them to be together at his house at any time from 6:30- 11:30 pm that day.
The cell calls also establish that the two were in different locations from just before 4 until 5:53. For her story to be true and to have taken place anytime after 4, she would have had to drive to his house, help put boxes in attic, leave, return, witness the dastardly deed, flee, go home, puke, go to visitor center, and return home, all between 5:53 and 6:41pm, when she texted him about trading cars. Note: remember that she testified it was well before dark when she drove to his house the first time.
It is theoretically possible for the whole incident to have taken place before 4pm. To believe that is so: she worked a very short shift at the restaurant (she didn't testify that happened), drove to Travis' house without telling him she was coming, did the boxes leave return thing, drove home, puked, left to visitor center, went in, sat down, cried, went home and slept.
After she woke up, she called him at 3:53, and then again at 4:09, exchanged a few calls with him, or attempted to, then texted Travis at 5:38 to say she couldn't remember whether she was picking him up 2 days later. No response from T. She texted him again at 5:53. No response. She texted him next at 6:41, asking him to trade cars that evening, before he went to FHE. (Note- he almost certainly had already left or was on his way out the door to FHE). No response.
She then sent the same text to him at 7:19 and than again 7:20, telling him never mind about trading cars. He responded to her for the first time by text at 7:24.
He didn't call or text her between 5:48 and 7:24.
Note: her testimony was that she was too upset to speak with Travis....that he called her repeatedly, but she wouldn't answer. He called her all of 5 times that day, all day, and SHE initiated both the calls and texts of the day.
D. Context- the exchanging of cars.
This testimony was confusing in part because JM went at for so long and never really connected the dots why so. Listening to it again, I heard for the first time that JM himself kept switching stories about what car she was driving when.
IMO, one large reason for his emphasis and switching stories was to keep her off guard, and to demonstrate to the jury her process of adopting whatever story conformed to the facts she thought he was using to corner her.
Even less obvious, JM was using the exchange of cars to illustrate how relentlessly she persued him, and how constant was her manipulation.
In her original story on the stand she says she drove away from his house in HER car. JM jumps at that and asks, isn't that problematic since you were driving HIS car. She insists it was hers, he says Travis got a ride to FHE because he didnt have a car...back and forth and back and forth , with JM saying at one point, well you were driving your car, which st some point she doesn't even try to respond to because IMO she can't guess the correct answer.
JM's other point about the car exchange was why in the world was she so concerned about the "pedestrian" issue of a car exchange after just witnessing such a bad deed?
She's quick to deflect, responding that the cars were absolutely NOT a minor thing to Travis. That she was just trying to do what he wanted, which was to exchange the cars. Caught in another lie, because the texts clearly indicate SHE asked to exchange the cars. Travis did not.
E. Conclusions
IMO it is pretty clear what happened on January 21. She worked until 4. She knew he was going to FHE at 7. She likely indicated to him over the previous weekend that she might want to exchange cars. She tried to reach him around 4, he didn't jump quickly enough for her. She ignored the 4 or so calls when he did try.
Nothing stopped him from going to FHE, even her last ditch attempt 20 odd minutes before 7 to at least stall him, by asking to trade cars before he left for FHE.
Knowing he was already at the hour long FHE, she sent him texts in a transparent attempt to make him feel guilty he hadn't exchanged cars. That attempt drew a response, but not the one she was looking for.
Travis tells her to exchange the cars by herself , even after she's complained about having a horrible headache. He goes back to having fun. She asks him if he can talk...he replies no, and doesnt reply when she asks "when?"
All afternoon and night CMJA tries to insert herself into Travis' life, and over that time he is clearly disinterested at best,annoyed with her at worst.
Little to none of what she said happened on January 21 is true. If she saw Travis at all on the 21st it was because she waited for him, uninvited, at his house until close to midnight at the very earliest.
Last note.....JM asked her pointedly about where her car was the next day, Tuesday Jan. 22. Tis an odd thing, no? That she was at his house in the morning, whether he was there or not, and yet she calls him from work that day asking for a ride? She has neither car. (My best guess is she was at T's house by herself in the AM. That she didn't switch cars because it no longer served any purpose, that she carpooled to work explicitly so she could ask him to pick her up. Another manipulation to keep her hooks in him...
Jmo......
