January 17, 2013 Morning Testimony
DT has a motion. DT is asking for dismissal of charges, the premeditation charge.
--There are no charges of assault or burglary. March 31. 2010 the state took the position that there would be lesser included offences.
--DT says that a reasonable jury could not convict Jodi on a charge of premeditation.
--DT is reading what a felony murder charge is. Says that the state has not demonstrated this.
--Says that the state has presented nothing as it relates to any felony.
--DT says that Jodi remained in the home unlawfully after she killed Travis. She was an invited and willing guest.
--DT says that this was either premeditated murder or it's not. it's really it. these are the same events. what other crime would she be furthering? but that does not include another underlying felony.
--DT is citing some case law.
--There was no distinct offence for this burglary.
Prosecution:--re: premedition, this case shows that on May 28, 2008 before June 4, the defendant staged a burglary of her own home, then rented a car not in the county she lived, she went to a county 90 miles away. Shows up as a blonde and a male is with her. Tells the car rental staff that she is just going to "drive around town", drives to Mesa and as part of the premeditation. Takes the plate off her car. She didn't want to be recognized when she went to Travis' home. She brought a gun and a knife. Attacked Travis after she had lulled him to sleep and it is the state's position that she stabbed him first. Once she begins stabbing him, she kills him three times over. The premeditation could be as long as a week and it could be between stab wounds. Can be formed in a quick fashion. Rule 20, sufficient evidence towards that aspect of the charge.
re: felony murder. three crimes...assault. once she began stabbing him nobody can ask Travis if he still wanted her in his house. Her status changed then to an unwanted guest. If the assault continued after her being unwanted then it is a felony.
--asking the judge to deny the defendants request for the rule 20 motion.