Retrial for Sentencing of Jodi Arias - 1/13/15 Break

[ElleElle]

They'd have to prove that I think. They could say that but it would just be conjecture. JS even said the modifications on 2009 were minor. Again, everything they needed to refute the state's claims they had. The urls in the registry were the viruses and they were on Dworkin's copy.

The judge said something when she was hearing arguments about how they were questioning Dworking and he said something about finding and they chose not to follow up. I think what will go into her ruling is what we were saying: they had the power then to rebut Melendez' claims and they chose not to. She's letting them do it now. But it's clearly not the state's fault because they had all this info on LD's copy and never pursued it until now. Their excuse that they haven't had time to look through and find child is just that. They have had 5 years now. And you'd have to be pretty naive to think that turning on a computer and tapping a space bar erased any and all evidence of child and it's gone forever.

Viruses are viruses. Who really cares? It's hardly exculpatory and it, again, probably had nothing to do with why she was convicted.

Thanks again for your logical explanation. :loveyou:

 

[Kamille]

Someone tell BK to just order the court video from those days. Should be $20 per day.

If JSS turned off the cameras for "Sue", do we actually believe she allowed them to role for JA's super secret testiphony? :waitasec:

 

[Amster]

Didn't Nurmi file something yesterday pertaining to Dr. D? He doesn't want her to be allowed to testify? Or, was that an old filing?

 

[AZlawyer]

If JSS turned off the cameras for "Sue", do we actually believe she allowed them to role for JA's super secret testiphony? :waitasec:

It would be worth asking.

 

[bsk]

http://www.hlntv.com/article/2013/05/03/get-caught-week-18-jodi-arias-trial

In the first trial Dr. Geffner disagreed with Dr. DeMarte's DPD diagnosis. JM then called Dr. Jill Hayes who eviscerated Geffner. But in his opening statement this time, Nurmi specifically pointed to JA being diagnosed with PTSD and BPD. Hmm...? Is there another DT psych in the wings who'll support the DPD finding, because I don't see how Geffner can credibly do a 180 and do so?

As always, the defense wants to have it both ways. They want to call her mentally ill (which she no doubt is), including BPD as one of her major disorders, but they want to ban DeMarte from testifying in this round. What a joke. Her testimony will be priceless, especially with JW trying to show the jury she is smarter than DeMarte. Can you imagine when some tapes from the original trial get introduced during her testimony?

 

[Kamille]

It would be worth asking.

Definitely, and I so hope there is video of the lying liar. Even if she didn't get to the point of saying anything different, I'd love to see HOW she was addressing the jury this time around.

MOO

 

[5bigfish5]

It would be worth asking.

I thought the no cameras, only referred to the media camera. Doesn't the court camera run, no matter what?

 

[ElleElle]

I thought the no cameras, only referred to the media camera. Doesn't the court camera run, no matter what?

The only time there has been no cameras was when Sue Duh Nimh Smith testified. The video is going to be released if and when this trial ends. Excluding JAs secret testimony of course.

 

[Kamille]

So once JSS rules on the motion to dismiss and assuming she denies it, Nurmi will likely be filing an appeal on it. So what happens then? He is still technically waiting for an answer regarding JA's secret testimony from the SC and he will then be waiting for another motion at the CoA. He doesn't have anyone scheduled to testify until Jan 20th. He needs to prepare paperwork for the SC by Jan 16th. He only has one witness ready to go for tomorrow (14th) and if he doesn't find any new direct evidence then it will be a short redirect and then he'll be done. He claims no one else will testify unless it's in secret, which JSS did allow for Sue. Will there be another delay until the 20th at that point? Or will JSS just allow his other witnesses to testify in secret, with no cameras and fake names but in front of the media? Does he have other witnesses that the media do not recognize? And could the media publish Sue's name if they knew it even though he testified with a pseudonym?

 

[Kamille]

I thought the no cameras, only referred to the media camera. Doesn't the court camera run, no matter what?

I don't believe there are any media cameras in the courtroom, other than cameras that take still photos. I believe the only camera running is the court camera and that JSS ordered it to be shut off for Sue's testimony. Someone questioned earlier if anyone is even checking to see if the court camera is even working at any given time since I assume no one is watching it on a daily basis. I guess we'll find out when they attempt to release the footage to the media after the trial?

MOO

 

[Kamille]

Although they did release some footage from last week so I guess someone is constantly checking to make sure it's working?

 

[bsk]

So once JSS rules on the motion to dismiss and assuming she denies it, Nurmi will likely be filing an appeal on it. So what happens then? He is still technically waiting for an answer regarding JA's secret testimony from the SC and he will then be waiting for another motion at the CoA. He doesn't have anyone scheduled to testify until Jan 20th. He needs to prepare paperwork for the SC by Jan 16th. He only has one witness ready to go for tomorrow (14th) and if he doesn't find any new direct evidence then it will be a short redirect and then he'll be done. He claims no one else will testify unless it's in secret, which JSS did allow for Sue. Will there be another delay until the 20th at that point? Or will JSS just allow his other witnesses to testify in secret, with no cameras and fake names but in front of the media? Does he have other witnesses that the media do not recognize? And could the media publish Sue's name if they knew it even though he testified with a pseudonym?

JSS just needs to follow the rules: She can proceed as usual unless a stay or a decision from a higher court tells her not to. For the most part, it shouldn't matter to her whether some other court hasn't issued a decision yet - if they don't issue a stay while considering it then that tells her she's good to go.

Eventually the defense is going to quit calling witnesses. At that point she needs to let Juan proceed. She doesn't need to keep the trial in limbo at that point, which is what the DT is going to try to do.

 

[Truth Detector]

The only time there has been no cameras was when Sue Duh Nimh Smith testified. The video is going to be released if and when this trial ends. Excluding JAs secret testimony of course.

We can be certain that there will be missing video for at least some portions of some trial days due to technical difficulties.

 

[Hope4More]

What Beth said last night was that the prosecution not handing the 2008 hard drive over to the defense, whether they asked for it or not, was a HUGE deal and that Nurmi was right when he said JA "would never be executed". She said that is because this is a very good appeal issue. She didn't quibble about it, nor did she say "in my opinion". That is why I went to AZlawyer. I get the feeling Beth is on the side of the defense team, even though she likes Jodi less than we do probably.

I don't think Beth is on a side. And for me it matters that another atty and very knowledgeable court watcher thinks the 2008 image thing is a big deal and a good appeals issue.

I know it seemed JSS was angry when in the evidentiary hearings she had to instruct JM to turn over the 2008 image immediately. This when BN had yet to turn over the HD image JM had repeatedly requested. JSS had a pretty good sense of what was going on with all things HD at that point, and it mattered to her that the DT didn't have the 2008.

Whether legally relevant or not I don't know, but it is simply the fact of the matter that the 2008 and 2009 images are NOT identical. To say they are in all ways that matter may miss the point.

Trying to look at in the most unbiased way I can. If the 2008 mirror image was listed on an evidence log as it should have been after it was made, no worry. Doesn't seem like that could have happened,or JM would have already swatted away the DT accusation they were unaware of it.

So remind me, how is anyone so sure the DT knew of the image but just never asked for it?

 

[Kamille]

JSS just needs to follow the rules: She can proceed as usual unless a stay or a decision from a higher court tells her not to. For the most part, it shouldn't matter to her whether some other court hasn't issued a decision yet - if they don't issue a stay while considering it then that tells her she's good to go.

Eventually the defense is going to quit calling witnesses. At that point she needs to let Juan proceed. She doesn't need to keep the trial in limbo at that point, which is what the DT is going to try to do.

But if they keep saying that their super busy witnesses aren't available for a few days or a week, what does JSS tell them to do in the meantime? So far she's just been cancelling court. They supposedly have at least another dozen people that they can play these games with.

 

[ElleElle]

Although they did release some footage from last week so I guess someone is constantly checking to make sure it's working?

The local news channels would release if they have any?

 

[Love Never Fails]

Was BK a defence lawyer? They usually see things differently than a prosecution lawyer naturally.

And I don't believe they've executed a woman in AZ for over 80 years so making a statement like "JA will never be executed" is a pretty safe bet IMO.

I had originally asked about how Dworkin had gotten his copy of the HD to use to testify. AZLawyer has made it clear that during discovery, the prosecution makes the defence aware of what they are going to use and forwards whatever is possible and necessary to them, which they did with all computer evidence that the prosecution was going to use...emails and such. At no time in 2008/2009 did the prosecution indicate that they were going to use /viruses on the computer against JA and at no time did the DT state they were going to use /viruses on the computer as a defence. So the computer was not analysed for this other than to dispute JA's claim that TA had been looking at pictures on his computer of child and adult "". And I believe that didn't happen until much later than 2009. All that was relevant to this crime on the computer was communication between the victim and his assailant. They already knew "who done it", what they wanted to know was why. And at no time has it been stated that the "why" was because TA may have glanced at some adult on his computer so the whole thing is mute and I can't see any appeals court seeing it any differently. There was no intention to withhold evidence here.

The DT has always known that Melendez used a 2008 HD copy for his report. Dworkin likely had no idea that the original DT had logged onto the computer, or he didn't see this as a problem when he made his copy because he wasn't directed to be looking for deleted and altered files either at that time. He was given access to the evidence and instead of asking for a clone of the 2008 copy he just made one of his own from the original HD. And no one had a problem with that. Until now.

MOO

Beth was a prosecutor.

 

[memoriesbymichelle]

Since Maria wasn't in the court room yesterday, I guess she couldn't post any twits for the killer hahaha. No twitter updates. The last one was

Her inexperience has guaranteed that Jodi's case will be overturned. And Juan's misconduct has sealed the deal.

This is what she is counting on. I have to say that I think the judge is going to deny the motion to dismiss. DT has proved nothing and I think the judge is being diligent and letting the jury hear it all so it isn't an appeal issue and I agree with her on this. I have disagreed with many of the judge's handlings of her courtroom but for some reason I think she may be turning a corner. I guess we shall see on Wednesday.

 

[Nali87]

Dave Erickson ‏@ericksonvision 10m10 minutes ago
I'll post snippets from the secret #JodiArias testimony in a bit. I can say its about her life and childhood, doesn't talk about Travis.

 

[Love Never Fails]

I don't think Beth is on a side. And for me it matters that another atty and very knowledgeable court watcher thinks the 2008 image thing is a big deal and a good appeals issue.

I know it seemed JSS was angry when in the evidentiary hearings she had to instruct JM to turn over the 2008 image immediately. This when BN had yet to turn over the HD image JM had repeatedly requested. JSS had a pretty good sense of what was going on with all things HD at that point, and it mattered to her that the DT didn't have the 2008.

Whether legally relevant or not I don't know, but it is simply the fact of the matter that the 2008 and 2009 images are NOT identical. To say they are in all ways that matter may miss the point.

Trying to look at in the most unbiased way I can. If the 2008 mirror image was listed on an evidence log as it should have been after it was made, no worry. Doesn't seem like that could have happened,or JM would have already swatted away the DT accusation they were unaware of it.

So remind me, how is anyone so sure the DT knew of the image but just never asked for it?

Hope, I don't know anything for sure. I only repeated what Beth said. I did say that she appears....only appears...to be siding with the defense. I think that's true.