Retrial for Sentencing of Jodi Arias - 11/3/14 Hearing - Part 2

[LambChop]

Why is there such an importance about what was or was not on his computer? I mean look at those pictures that were taken. It had nothing to do with the manner in which she killed him which has everything to do with her sentencing for the way she killed him. jmo

 

[Wysteria]

I've been thinking about the question I'm going to ask for a while.
The reason I've waited is because I feel uncomfortable since my question may have been discussed and addressed already.
I've tried to see if I could find any information and was unable to. Evidently, there are lots of information members can obtain simply by entering a Google search. The settings on my computer do not allow access to certain sites.
I've seen some posts suggesting that certain issues are discussed far too much and members have been directed to do research prior to asking a question or discussing an issue.
I'm going to ask anyway hoping that members will be patient with me.

Isn't JA not showing remorse a part of this phase?
Can Mr. Martinez focus on the fact that JA has not shown one iota of remorse? In fact she has done the opposite, vilifying Travis every chance that she gets.
Even though I have done lots of reading; especially by the attorneys here on this board, (many thanks btw ) for some reason I cannot understand all the legalities regarding the penalty portion of this crime.
I'm usually fairly good when it comes to reading comprehension. I read at least one book a week.
One day I was so confused I actually forgot that the Judge is the person that ultimately decides the convicted killers fate.
The way I understand it, is that the jury deliberates if the death penalty is an appropriate sentence.
If all 12 agree that the DP is the appropriate sentence; then why does is the judge permitted to decide DP, LWOP or LWP? Is this just an AZ law or a death penalty state law across all of the states that have the DP, or does it differ?
:shame::doh: I apologize in advance for being a pita poster and grammatically challenged.

 

[Hope4More]

First, 1000's of files? Really? Nurmi leaves the doggy door open by saying the DT hasn't had the time to go through them all. Ok, of the files they allegedly found, how many are allegedly of ? What other kind of files were allegedly deleted? What does it suggest if many or most of the alleged files are NOT of ?

Second, wasn't there a mirror copy made of the HD? BEFORE either side examined the HD? Is Nurmi saying files were wiped on BOTH?

Last, if the alleged files exist, and they are a product of malware/a virus she planted on May 28, surely forensics can find traces of the virus and or a cleanup .

 

[Hope4More]

I agree with AZL that it is doubtful Nurmi is risking his law license by flat out lying about the evidence, by making intentionally false accusations against LE and JM, and not least, by accusing the man his client murdered of pedophilia, in writing.

There must be enough there to provide a fig leaf of cover, enough so that he can plausibly claim he had some grounds to launch this full scale attack. jmo.

 

[bsk]

I've been thinking about the question I'm going to ask for a while.
The reason I've waited is because I feel uncomfortable since my question may have been discussed and addressed already.
I've tried to see if I could find any information and was unable to. Evidently, there are lots of information members can obtain simply by entering a Google search. The settings on my computer do not allow access to certain sites.
I've seen some posts suggesting that certain issues are discussed far too much and members have been directed to do research prior to asking a question or discussing an issue.
I'm going to ask anyway hoping that members will be patient with me.

Isn't JA showing remorse a part of this phase?
Can Mr. Martinez focus on the fact that JA has not shown one iota of remorse? In fact she has done the opposite, vilifying Travis every chance that she gets.
Even though I have done lots of reading; especially by the attorneys here on this board, (many thanks btw ) for some reason I cannot understand all the legalities regarding the penalty portion of this crime.
I'm usually fairly good when it comes to reading comprehension. I read at least one book a week.
One day I was so confused I actually forgot that the Judge is the person that ultimately decides the convicted killers fate.
The way I understand it, is that the jury deliberates if the death penalty is an appropriate sentence.
If all 12 agree that the DP is the appropriate sentence; then why does is the judge permitted to decide DP, LWOP or LWP? Is this just an AZ law or a death penalty state law across all of the states that have the DP, or does it differ?
:shame::doh: I apologize in advance for being a pita poster and grammatically challenged.

I'll take a shot at your three questions bolded above:
1) She could show remorse - if she had any. Using a self-defense argument kind of took that off the table to some extent however.
2) I would certainly think Juan would argue that as much as he could. There may be some things from the defense he's not allowed to delve into however.
3) As I understand it, if the jury decides 12-0 for DP then DP it is. Perhaps there is a way the judge could vacate that, but it seems hard to imagine she would even if she could. If it is anything other than 12-0 for DP, then the judge decides between between life without possibility of parole (LWOP is what you'll often see here) or life with the possibility of parole at some point (LWP here, though not as frequently).

I hope this helps.

 

[04009margaret]

This smells like DT misconduct here. During the guilt phase there was no sign of any deleted files detected by there expert. Now we have a new DT expert that suddenly finds 1000's of deleted files, I doubt it. I have total faith in JM to bring this latest DT stunt to a crashing thud, everyone don't panic & keep the faith.

http://www.azcentral.com/story/news...oyed-travis-alexander-computer-abrk/18828589/


"Before the first trial in 2013, Alexander's computer was analyzed by a different defense expert, who did not detect any deleted files. Arias' attorneys, Kirk Nurmi and Jennifer Willmott, asked to see the computer again, but only in recent weeks were they able to obtain it from the prosecution for forensic evaluation by their own expert."

 

[dog.gone.cute]

Morning Y'all !

JMO but JSS should have NEVER EVER allowed these additional days of this re-trial of the Penalty Phase to continue for as long as she has ...

I am referring not only to the additional delays caused by the "Mystery Witness" and those shenanigans, but ALL the delays JSS ALLOWED because she does not have a handle on time or her courtroom !

All it has done is give the defense MORE time to create BS -- and the defense KNOWS how WEAK JSS is ...

I do NOT believe the State's computer forensic crew would have deleted anything on Travis' computer ... IF there was any on Travis' computer, they would have pointed it out to Juan from the get-go so that he would know what was there.

I trust Juan and I am sure he is on top of this ... he know what a :liar: CMJA is and he knows how unethical the KN and JW are ...

I need more :coffee: ... so I hope that made sense!

JMO

 

[BritsKate]

I've been thinking about the question I'm going to ask for a while.
The reason I've waited is because I feel uncomfortable since my question may have been discussed and addressed already.
I've tried to see if I could find any information and was unable to. Evidently, there are lots of information members can obtain simply by entering a Google search. The settings on my computer do not allow access to certain sites.
I've seen some posts suggesting that certain issues are discussed far too much and members have been directed to do research prior to asking a question or discussing an issue.
I'm going to ask anyway hoping that members will be patient with me.

Isn't JA showing remorse a part of this phase?
Can Mr. Martinez focus on the fact that JA has not shown one iota of remorse? In fact she has done the opposite, vilifying Travis every chance that she gets.
Even though I have done lots of reading; especially by the attorneys here on this board, (many thanks btw ) for some reason I cannot understand all the legalities regarding the penalty portion of this crime.
I'm usually fairly good when it comes to reading comprehension. I read at least one book a week.
One day I was so confused I actually forgot that the Judge is the person that ultimately decides the convicted killers fate.
The way I understand it, is that the jury deliberates if the death penalty is an appropriate sentence.
If all 12 agree that the DP is the appropriate sentence; then why does is the judge permitted to decide DP, LWOP or LWP? Is this just an AZ law or a death penalty state law across all of the states that have the DP, or does it differ?
:shame::doh: I apologize in advance for being a pita poster and grammatically challenged.

The trial court judge in AZ cannot determine death penalty (Ring v. Arizona). If a unanimous verdict to implement capital punishment occurs, then the judge will sentence Arias to death. If a unanimous verdict cannot be reached, the judge will have to sentence Arias to life, with or without parole (at her discretion with, IIRC, a 25 year minimum). Every death penalty state has different rules of procedure but the Supreme Court ruled a judge sentencing a defendant to death, regardless of jury verdict, a violation of the 6th amendment.

Juan will argue - within confines set by Stephens, I'm sure - specifically that Travis' murder was especially heinous, cruel or depraved. Anything that helps to highlight the aggravating factor the State is using to seek the DP will be utilized. For example, if Arias attempts to use her actions post-crime (like charitable contributions) as a mitigating factor - Juan can certainly use her lack of remorse to counter such character evidence.

IANAL but HTH.

 

[RadarLuv]

Morning all!

I think one of my questions got lost in the shuffle and I can't go through everything since I am getting so groggy, so I am gonna try again. Is everything a go for court tomorrow?

Cheers : )

 

[dog.gone.cute]

And on the date the alleged deletions took place, June 19, 2009, the prosecution would have no way of knowing that '' would have anything to do with the case at all. They would be focusing on the mountain of hard evidence in T a brutal murder. Why would they even take the time, not to mention the risk, of deleting '' when they had no way of knowing it would be in any way pertinent to the case? It makes no sense.

BBM: Exactly ... good point !

In June 2009 : IIRC, CMJA was still claiming that the Ninja's did it !

 

[RadarLuv]

Again, I have only been skimming and I can't read everything but I caught the part of being found on a computer and all I can honestly say is WHO CARES? I don't care if they have it on their computer or how much they have of it, it is that persons adult life and they can look at what they please. So long as it is not abusive/child then a person has the right to view as they please. It's not MY thing, but it isn't illegal, so I really don't see why this would need to be brought up in a trial.

Is this where they are going with that? To assault his moral character?

 

[dog.gone.cute]

I feel sick---just like I felt after Jose Baez gave his OS and threw George under the moving bus.

Yep ... CMJA and Nurmi are desperate, so why not take a page out of CA trial, after all, she walked :gaah:

I never ever thought any attorney could pass up Baez -- but Nurmi certainly has !

JMO but George could have defended himself against Baez's allegations ... but GA's defense was nothing but a weak denial.

In this case, Travis is NOT here to defense himself ! Lying and bashing the murder victim who is NOT here to defend himself is what makes Nurmi and CMJA even more despicable, IMO, than JB !

JMO and :moo:

 

[Hope4More]

Again, I have only been skimming and I can't read everything but I caught the part of being found on a computer and all I can honestly say is WHO CARES? I don't care if they have it on their computer or how much they have of it, it is that persons adult life and they can look at what they please. So long as it is not abusive/child then a person has the right to view as they please. It's not MY thing, but it isn't illegal, so I really don't see why this would need to be brought up in a trial.

Is this where they are going with that? To assault his moral character?

Allegedly finding on his computer isn't the big deal. Allegedly finding child is the bigger deal, but the real problem is that Nurmi is accusing LE of tampering with evidence by deleting the alleged files.

 

[bznbear]

I have never followed a trial before this one, and I have never had cause to be familiar with the court system and I have never known anyone who went through anything like this. I am beyond disgusted with the way things work and I just don't understand some of the reasoning such as when it's judged to be too prejudicial to let juries know of previous crimes or convictions. I believe it speaks for character, propensity to do crime again etc… and is important for juries to consider. That is just one thing I think is unfair and makes no sense. I'm horrified KCL at what you have gone through (and not just you but anyone who has experienced similar) and I frankly can't understand how you are not bitter and destroyed emotionally. This case has opened my eyes and has actually frightened me somewhat. I have lost a little faith and something else these past two years so I really can't begin to fathom what I would be feeling if I was involved in some way. I have newfound respect and admiration for ANYONE who has had to live through something like this, and also view attorneys in a new light, some I admire and some I can't understand why they do it. And SOME attorneys, like Juan Martinez, are angels that are obviously answering a calling, like some policeman are. I don't mean this post to be weird sounding like I've had a revelation, but I feel a bit like I have. My husband is right when he often says I should leave the farm more often and that I am naive.

Anyway, tonight for me it's all about thinking about souls who have been through hell and survive, whether they are victims, survivors, fighters, attorneys, policeman, or people sitting at home on their computers trying to make sense of the mad.

My brother was murdered, but he and his killer were in the Army. He was killed in front of a number of witnesses, who wrestled the killer to the ground. Needless to say, my family didn't have to go through the tortuous gyrations and needless legal maneuverings of some slick (greasy) defense team. He wasn't maligned, and the only mitigating factor presented was the murderer was intoxicated at the time, ie, diminished capacity.

The prosecutor told us up front he was going for 25 years without possibility of parole, because, life could mean as little as 12 years, and it wasn't a DP case. We weren't extremely satisfied with the term, but a guaranteed 25 years in Leavenworth was better than parole.

I cannot imagine going through what KCL, the Alexanders, Tulessa, and others have gone through. While there's never any true closure, there is, at least, a sense of justice when the person responsible for taking your loved one is finally sentenced.

I share your disgust at the way this trial has devolved, and frankly find KN et al, reprehensible for the web of lies they've supported and help spin. The DT have tried to destroy a wonderful young man's good name, and for what? A twisted dark butcher who delights in plunging the knife over and over and over into the hearts of Travis' family.

I completely support every person's right to a FAIR trial. There's no excuse, there's no rationalization, there's no humanity in what the DT are doing, and I believe there's going to be a huge price tag for them in the end. imho

 

[Hatfield]

More BS and lies from JA.
Just think about this statement for a minute.

@jeffgoldesq: "@michaelbkiefer: A expert for #JodiArias found that 1000s of files were deleted from Travis computer while in possession of Mesa PD"

Im no expert but specific files can have dates of when they get updated or created, however, if they are not even present I dont believe the defense expert would know the CONTENT of " Files" were deleted unless they knew that Jodi had actually placed them on his computer to begin with. If they are gone, the CONTENT IS GONE so no telling what content was in them.

A file would have a "title" or "Name" and perhaps they could tell some files that were labeled as sex related names were deleted, but that is not true proof that the file itself really had on it since you can name a file anything you want and the content could be something else.
For example, you could name your tax records as "2001 Sex Records".

This has JA name written all over these allegations. If the files were deleted, I believe JA herself uploaded them to his computer the day she killed him. We already know there was some sort of CD story she gave which screamed BS story about broken CD. I could see her bringing a CD to put files on his computer and trying to frame him. She is that devious. '
That would be the only way she would know the content was there to begin with.

But what I really suspect is she TRIED to copy them to his computer and failed and she couldnt figure it out and she probably just threw the CD into the wall and it broke. Which is why she came up with another story about broken CD.

And not only that,
I could have sworn this is old news? Didnt we hear about these allegations during the trial?
Isnt this story about deleted sex files something she had alleged before and was shot down during the 1st trial?
I could have sworn this is old news.

 

[josie1986]

I agree with AZL that it is doubtful Nurmi is risking his law license by flat out lying about the evidence, by making intentionally false accusations against LE and JM, and not least, by accusing the man his client murdered of pedophilia, in writing.

There must be enough there to provide a fig leaf of cover, enough so that he can plausibly claim he had some grounds to launch this full scale attack. jmo.

Why wouldnt he/they? They have done it before.

Just comes across to me as he doesn't like that juan is amazing at what he does and ripped jodi and her 'story' apart and he's now throwing the toys out the pram

 

[Hope4More]

Didn't Dworkin testify that he reviewed TA's browsing history by title, after spending many hours to recover files? And that he was aware of 99,000+ files?

How could he do that if the browser history was erased, and if he had to recover that history how could he fail to observe that the computer was tampered with?

 

[hindsight2020]

Page 3 of the motion, hard drive was analyzed by defense expert Lonnie Dworkin of Compufor, his analysis did nor uncover the existence of any on this computer.

https://www.youtube.com/watch?v=5R6OTb6vT04&list=UU1xa1oSemBOgyops5B8eRLw
Dworkin testimony starts at around 50:00 part 1

https://www.youtube.com/watch?v=jJ2MBfGaMTA&feature=youtube_gdata_player
Dworkin testimony part 2 continued


Page 4, states recent forensic analysis has shown that thousands of files were deleted from Travis’ computer and child sites visited, but the motion does not disclose the identity of current person/entity making this claim. (I gather they are keeping their new computer expert witness a secret)

Page 6, the defense motion states Det. Flores took the computer on June 19, 2009, to forensics, indicating the defense did not receive a report nor do they know who was processing the computer for evidence.

 

[bznbear]

1). How would they even know this? If it was deleted, it is gone, right?

2). If Nurmi was confident about this information he'd open up his case for all to see an shout it from the rooftops! This would be a HUGE violation of the law.

3). They're basing this on Jodi's words that it was there. So PD must have destroyed it because Jodi says it was there. Remember their desperation to get at the hard drives? State, please be on high alert sand put nothing past this crew. I'm gonna need to see Nurmi's evidence for this claim.

There's no way, no way, this can be legit, imo. Why would Mesa PD delete emails for Travis? Why put MPD in legal hot water, jeopardize an upcoming trial? And yes, how would the DT know this unless it came from their monstrous client's lying lips? I, too, need to see much more. There are no words to describe the odious abhorrent handling of this defense!

 

[RadarLuv]

OIC....tsk...SMDH.

Allegedly finding on his computer isn't the big deal. Allegedly finding child is the bigger deal, but the real problem is that Nurmi is accusing LE of tampering with evidence by deleting the alleged files.