The state Rests in The State v. Jodi Arias: break in trial until 28 January 2013 #11

[bobloblaw]

To carry an open knife around would be to hard to handle if her purse is like a normal woman's purse. All the digging around we do in them.

I doubt it was a switchblade. Likely a folding hunting knife. Those were some serious wounds.

 

[Madeleine74]

There's no evidence that she brought a knife. None. They have no idea where the knife came from. That's my entire point. If she had a gun that was stolen for the purpose of killing him, yet she didn't use the gun, but a knife, the prosecutor's premeditation theory, i.e., that she stole the gun to kill travis, is out the window.

But she did use a gun on him.

Proving premeditation doesn't require any particular weapon, it doesn't matter if the perp used a specific weapon or brought it to the scene or found it at the scene and then used it or didn't mean to use it but then did. There is no connection between proving the legal concept of premeditation and a weapon (used/not used/brought/found). If Jodi had instead decided to use her fists to bash Travis until he was unconscious or decided to kick him or whatever...it wouldn't matter. She caused his death. She intended to cause his death.

A theory of how a crime went down is just that--a theory, usually based on piecing together the physical evidence. Without an eyewitness or a video of the crime, the exact order and every movement cannot be known. And nailing the exact order of every movement is not required to obtain a conviction. Nice to know, sure. But how many murders are videotaped or have eyewitnesses? This one has some photographic evidence, which is more than what is usually available in 99% of murders.

 

[Linda7NJ]

lol...well that is not quite as bad as a knife that is open. It had to be pretty darn sharp to go through the bone of his sternum to hit his heart.

I don't know what it's like in AZ, but here, in NJ, switchblades are impossible to find legally. My dad had one he brought home from Italy. I've never seen or heard of another. They're like unicorns here.

 

[sassy_texasbelle2]

It could have been a full knife. I am like all of you just throwing ideas up in the air to see what might work. I just think a switchblade would be easier to haul around for a woman. They come in different sizes from what I understand.

http://www.menseffects.com/ProductDetails.asp?ProductCode=ATT00254A&Click=17314

 

[JusticeJunkie]

I would like to read that discussion. Can someone private message me with the unnamed site? Thanks in advance.

Carol,
That is at the same site I linked.
There are several vids of things not included in the making of the original 48hrs show.
In one, she said she had physical injuries from T- bruises on her legs, arms and torso, but of course, hid them.

 

[Linda7NJ]

If Jodi had never shot a gun before she wouldn't know there would be a kick and that is her falling down?

Ummm no. It was a little gun. Her wrist may have jerked back, but fall? No way. Imo

 

[kkdj]

I carry around my fork with no problems at all

I carry a corkscrew! It works fir all kinds of things!

 

[Linda7NJ]

It could have been a full knife. I am like all of you just throwing ideas up in the air to see what might work. I just think a switchblade would be easier to haul around for a woman. They come in different sizes from what I understand.

http://www.menseffects.com/ProductDetails.asp?ProductCode=ATT00254A&Click=17314

Ok, I think I don't know what a switchblade is. My dad's shot out from hilt.

 

[minor4th]

no the judge hasn't ruled extreme cruelty - she ruled there is enough evidence to present that theory to the jury - just like she ruled that the defense team could present their theory of self defense to the jury - judge hasn't confirmed anything

In a pre-trial hearing, the prosecution had to present to the judge enough evidence of extreme cruelty in order to proceed with seeking death as a penalty. At the pre-trial hearing, the judge ruled that the circumstances of the killing were such that, if proven at trial, a reasonable person could find "extreme cruelty". On that basis, the prosecution was free to proceed with seeking a death penalty.

During the trial, the defense attempted to have the ruling on the special death penalty circumstances overturned based on the ME's opinion that the gunshot would was last (as opposed to the detective's opinion at the prelim that the gunshot was first)

The judge who is currently presiding read the ruling from the prelim and concluded that there could be a finding of extreme cruelty whether he was shot first or stabbed first. She overruled the defense and is allowing the prosecution to seek the death penalty.

 

[sassy_texasbelle2]

I doubt it was a switchblade. Likely a folding hunting knife. Those were some serious wounds.

I do not know much about knives other than cutting a good steak with a steak knife or a good knife to cut my husband taters as he calls them. lol

 

[norest4thewicked]

I keep my Samurai Sword in my back pocket!

OK...with that I am saying good night! G'nite all!

 

[Linda7NJ]

Like this.

http://www.uniqueblade.com/catalog/Out_The_Front_Switchblades-31-1.html

 

[sassy_texasbelle2]

I carry a corkscrew! It works fir all kinds of things!

lol:floorlaugh:

 

[pip]

Jodi Arias Trial Day 3 (Full) - YouTube

@ 1:51 begins

To quote:

Can't be sure if he was alive.
Wound thru head, CAN'T SEE WOUND TRACT thru the brain
So unable to say if he was alive
Right temple shot
No hemorrhage in the brain
Can't say for sure. May have been dead already.


SO.....draw your OWN conclusions.
As far as I am concerned.. 50-50... inconclusive... prosecution has banked on their 50 to prove extreme cold blooded cruelty... to me, doesn't matter gun or knife. DP deserved. I just happen to believe it was gun first.

 

[Linda7NJ]

48 hrs story she claims she had her purse in the bathroom.

Ninja dudes gun didn't fire when he pulled the trigger.

Wow...she can't remember even the ninja tale consistently when she resells it.

 

[kkdj]

48 hrs story she claims she had her purse in the bathroom.

Ninja dudes gun didn't fire when he pulled the trigger.

Wow...she can't remember even the ninja tale consistently when she resells it.

I'm thinking her gun didn't fire when she pulled the trigger. So oh carp! Now she had to resort to the tire slashing corkscrew that she always carries with her! Ok, knife!

 

[sassy_texasbelle2]

48 hrs story she claims she had her purse in the bathroom.

Ninja dudes gun didn't fire when he pulled the trigger.

Wow...she can't remember even the ninja tale consistently when she resells it.

So, why not the knife too in her purse sitting on the bathroom counter, the bed or the dresser. Just throwing it out there is all.

 

[Linda7NJ]

Jodi Arias Trial Day 3 (Full) - YouTube

@ 1:51 begins

To quote:

Can't be sure if he was alive.
Wound thru head, CAN'T SEE WOUND TRACT thru the brain
So unable to say if he was alive
Right temple shot
No hemorrhage in the brain
Can't say for sure. May have been dead already.


SO.....draw your OWN conclusions.
As far as I am concerned.. 50-50... inconclusive... prosecution has banked on their 50 to prove extreme cold blooded cruelty... to me, doesn't matter gun or knife. DP deserved. I just happen to believe it was gun first.

Because you can't SEE a wound track doesn't mean there isn't one, or we can conclude it didn't exist, or that makes the odds 50-50 as to whether it did. It means he can draw a reasonable conclusion based on his experience as a professional but can't swear to it in court.

Your assertion there is no hemorrhage in the brain is based on the fact there was little to no bleeding. I say it's because he simply didn't have much blood left and his heart was no longer beating or close to it.

 

[Linda7NJ]

I'm thinking her gun didn't fire when she pulled the trigger. So oh carp! Now she had to resort to the tire slashing corkscrew that she always carries with her! Ok, knife!

Or spork! I gotta get me one of those

 

[kkdj]

And to add, when the gun didn't shoot, she knew that he knew she was out to kill him! She immediately pulled her knife as he was coming at her in his own self defense.
It's a thought...