Retrial for Sentencing of Jodi Arias - 11/17-11/18/14 In recess

[gcharlie]

This is directed to AZL

A week from today, the COA will be hearing arguments on the media motion about the secret witness. No idea how long it will be before they issue their opinion/ruling on the motion.

Minutes for 10/30 were posted to the docket today. This was the day that everyone got booted out of court for the secret witness. The minutes noted counsel, the defendant and the victims (victim's family) met in chambers. The minutes did not reflect that the witness was called into chambers. Does this mean that the witness was in fact Arias, or would the judge accept Nurmi's word that the witness refused to testify?

Also pointing to Arias as being the secret witness, Martinez objected yesterday when Fonseco started to testify about that fateful day in January 2008 when Arias claimed to walk in unannounced on Travis and caught him masturbating to the image of a young child. Presumably, the basis of the objection was the hearsay rule. Whatever his objection was, the judge overruled and Fonseco was allowed to go down the rabbit hole. Can we infer that Arias is the secret witness and thus the reason that hearsay was overruled, or is there a different standard at this point in the penalty trial?

 

[ShadyLady]

Tried to find out the condition of the JA's computer when it was seized. Could not find that, but she DID use DB's computer to check her email when she was on the road; and wasn't there a mention in the TA/JA texting that she had to use her grandparent's computer because hers was broken? I might be wrong on that.

In Dworkin's testimony he says (paraphrased):
External drive, broken. Dworkin received this on October 25th, 2012 @ 11:26 am. 2.5 inch drive, a type of drive that would be internal to a laptop + a bag of parts from an external enclosure that would be appropriate for use for that hard drive. Appears that hard drive may have been in that enclosure at some point, but this enclosure was provided to me as a bag of parts.

Copy received, was from original hard drive, but original hard drive was damaged. Mesa PD sent original HD to specialty service to try to make the HD operational. This third party then created Encase mirror image and returned to Mesa PD.

Would normally be able to open that mirror and would appear as any Windows system. See files, folders, etc. But front sectors of drive were damaged, so master file table that established the folders, files, etc damaged. Had to run special scripts to reconstitute the file system. Able to search drive and locate the backup file system that Windows automatically creates. Using that, could view the content on the hard drive. However, the portions of drive that were damaged, the third party had written unrecoverable.

Pulled photos off of drive. Could not always get info re: when photos taken; partially due to damage, but sometimes damage did not account for lack of when photos taken. (Ex 394 & 393)

But, I thought that was Travis's computer....which now is confusing.

 

[atthelake]

Does anyone know what brand of laptop Jodi hid in the laundry? Somewhere someone had it deducted that "Tony" could be where Jodi got her laptop. What's the odds that the computer screw up was a giant one and they handed over her laptop that magically got broken once she got arrested.

:goodpost: :goodpost: That would make sense perhaps. I don't know the brand but I bet others here will.

 

[Shadowboy]

But, I thought that was Travis's computer....which now is confusing.

The "broken" computer from the First trial was JA's. The hard drive under contention right now is TA's, with JM claiming the DT expert "broke" it somehow and, now, can't produce an Encase mirrored image.

 

[AZlawyer]

This is directed to AZL

A week from today, the COA will be hearing arguments on the media motion about the secret witness. No idea how long it will be before they issue their opinion/ruling on the motion.

Minutes for 10/30 were posted to the docket today. This was the day that everyone got booted out of court for the secret witness. The minutes noted counsel, the defendant and the victims (victim's family) met in chambers. The minutes did not reflect that the witness was called into chambers. Does this mean that the witness was in fact Arias, or would the judge accept Nurmi's word that the witness refused to testify?

Also pointing to Arias as being the secret witness, Martinez objected yesterday when Fonseco started to testify about that fateful day in January 2008 when Arias claimed to walk in unannounced on Travis and caught him masturbating to the image of a young child. Presumably, the basis of the objection was the hearsay rule. Whatever his objection was, the judge overruled and Fonseco was allowed to go down the rabbit hole. Can we infer that Arias is the secret witness and thus the reason that hearsay was overruled, or is there a different standard at this point in the penalty trial?

I see no indication on the Ct App website that they have scheduled oral argument--the case is scheduled currently for a judge's conference on the 25th.

I believe one of the attorneys made reference in open court to the judge having spoken to the witness. This further convinces me that the witness appeared by phone.

I doubt JM objected based on hearsay. First of all, experts are allowed to testify to hearsay if they relied upon it to form their opinions. Second, hearsay is allowed in the penalty phase. Third, JA has already personally testified to this during the guilt phase, so it's not hearsay.

 

[ICit]

IIRC jodi's hard drive was broken in half and fixed by a company that specializes in that type of repair. They were able to get info from it. Nurmi argued that since he could not tell what was missing that it should not be admitted. He won.

 

[TartLemon]

I'm kinda lost here. Is it sure the computer evidence is causing the delay?

 

[AZlawyer]

I'm kinda lost here. Is it sure the computer evidence is causing the delay?

No. Just speculation.

 

[ICit]

IIRC jodi's hard drive was broken in half and fixed by a company that specializes in that type of repair. They were able to get info from it. Nurmi argued that since he could not tell what was missing that it should not be admitted. He won.
If this posts anywhere except as reply to post137 someone please tell me what I am doing wrong! I am using post quick reply button but it is posting as the last post on the thread! Newbie!

 

[AZlawyer]

IIRC jodi's hard drive was broken in half and fixed by a company that specializes in that type of repair. They were able to get info from it. Nurmi argued that since he could not tell what was missing that it should not be admitted. He won.
If this posts anywhere except as reply to post137 someone please tell me what I am doing wrong! I am using post quick reply button but it is posting as the last post on the thread! Newbie!

Just click "reply with quote" next time.

 

[bsk]

IIRC jodi's hard drive was broken in half and fixed by a company that specializes in that type of repair. They were able to get info from it. Nurmi argued that since he could not tell what was missing that it should not be admitted. He won.
If this posts anywhere except as reply to post137 someone please tell me what I am doing wrong! I am using post quick reply button but it is posting as the last post on the thread! Newbie!

Replies show up at the end of the list. After posting, click within the quote on the little arrow thingie to jump back to the one you were replying to if you want to continue reading in sequence.

 

[Shadowboy]

IIRC jodi's hard drive was broken in half and fixed by a company that specializes in that type of repair. They were able to get info from it. Nurmi argued that since he could not tell what was missing that it should not be admitted. He won.
If this posts anywhere except as reply to post137 someone please tell me what I am doing wrong! I am using post quick reply button but it is posting as the last post on the thread! Newbie!

Not sure where you're getting this information. Dworkin (in my post above) was the DT computer expert; the DT entered photos taken from JA's hard drive trying to show that JA had dark hair in photos taken before her deadly road trip. So ... the recovered mirror image of JA's broken drive was definitely entered into evidence as were images from that drive. I can find no mention that the drive was broken in half, but if you can find that info, please point me in the right direction! I wasted quite a bit of time yesterday looking (unsuccessfully) for the condition of her computer when it was seized.

 

[ShadyLady]

On the lighter side.....

IMO, Jodi honestly believes she has the upper hand here.

She is the Polly Anna of psychopaths. She takes no criticism, none. And manages to see daylight at every turn. It amazes me. Has she EVER spent ONE moment on realistic self-reflection.

I do get some satisfaction when Juan hits a nerve enough to get a demonic sneer from her.

And sorry....but I do gag at her "timid", "ladylike controlled voice" where she tries hard to appear confused and oh so innocent of any "rage filled murderous hate".

 

[katydid23]

I may have missed it, but do we know who "Tony' is yet? Could it be one of TA's roommates computers?

 

[tsitra01]

Heresay is allowed in the penalty phase, is it not?

 

[AZlawyer]

Heresay is allowed in the penalty phase, is it not?

Hearsay, heresy, yes. All of it.

 

[MeeBee]

I may have missed it, but do we know who "Tony' is yet? Could it be one of TA's roommates computers?

Tony is no one important. Just a random guy with a random hard drive. We'll probably never know nor do we need to.

I wonder if this was just a stall tactic, like Juan said, and the guy is going to claim he made a mistake and grabbed the wrong hard drive and does have Travis' mirror image?

 

[tsitra01]

My mistake. Hearsay it is

 

[Nali87]

She is the Polly Anna of psychopaths. She takes no criticism, none. And manages to see daylight at every turn. It amazes me. Has she EVER spent ONE moment on realistic self-reflection.

I do get some satisfaction when Juan hits a nerve enough to get a demonic sneer from her.

And sorry....but I do gag at her "timid", "ladylike controlled voice" where she tries hard to appear confused and oh so innocent of any "rage filled murderous hate".

I kept hoping Juan could bring out the witch in her but she remained controlled throughout her testimony. Her face was FROZEN when he hit her with the gas can questions though. But she never "broke" the way I wanted her too. Evil psycho.

 

[Hatfield]

Tony is no one important. Just a random guy with a random hard drive. We'll probably never know nor do we need to.

I wonder if this was just a stall tactic, like Juan said, and the guy is going to claim he made a mistake and grabbed the wrong hard drive and does have Travis' mirror image?

Just a guess but perhaps Tony could be a DT computer expert guy who had to setup a new computer to try to read the mirror image that was given to them from the prosecution team. If the computer they gave the DT was not working then perhaps he used a different computer to try to read the drive.

If he had to do some sort of setup to even read the thing then the computer may have gone through initialization and asked him to name his computer and low and behold "Tony" is entered.

Just a guess of course. I think I am getting all the computers and mirror images all confused again.