trial day 46: the defense continues its case in chief #138

[ZsaZsa]

Started out like this:

http://www.youtube.com/watch?v=-jGdoHiVH7E

I didn't hear the Judge say anything to ALV about her schedule or tell her not to concern her with her personal issues. Where is that?

 

[nursebeeme]

From the motion:

COMES NOW, Ms. Arias, by and through undersigned counsel to request that a mistrial be declared based on the prosecutorial misconduct that has infested these proceedings with a level of unfairness that cannot be cured by any other means. Ms. Arias bases this assertion on the fact that the circus like atmosphere inside the courtroom that to date has included counsel for the State yelling at witnesses, attacking witnesses on a personal level and throwing evidence. Not content with confining his misconduct to inside the courtroom counsel for the State, pursuant to his own admissions, chose to release evidence that was not coming into evidence at trial to the media and to pose for pictures with his so called fans on the courthouse steps has turned what is supposed to be a trial that comports with the rights due Ms. Arias pursuant to the 5th, 6th and 14th Amendments to the United States Constitution and Art. 2, §§ 4, 15, 23, and 24 of the Arizona Constitution into something that more closely resembles a modern day equivalent to the Salem Witch Trials which ended in 1693. This State of affairs has placed counsel for Ms. Arias in a position that they cannot fulfill the duties they owe Ms. Arias, pursuant Arizona Rules of Criminal Procedure, Rule 6.8. Counsel’s inability to fulfill these duties would thus result in Ms. Arias not having the benefit of the rights she is due pursuant to the 5th, 6th and 14th Amendments to the United States Constitution. Support for this Motion can be found in the attached Memorandum of Points and Authorities that is incorporated herein by reference.
MEMORANDUM OF POINTS AND AUTHORITIES
I. RELEVANT FACTS
OpeningstatementsinthismatterweremadeonJanuary2,20 13. Sincethattimethe State has thrown evidence and his pen, yelled at nearly every witness who took the stand in support of Ms. Arias and has hurled personal insults at defense counsel. In response to this behavior Ms. Arias has had to make several oral motions for mistrial that have beensummarily denied by this court. More recently Ms. Arias has had to make mistrial motions because the State has not confined its misconduct to inside the courtroom. Most prominent amongst this extra-curricular misconduct is his decision to pose for photographs with his “fans” outside the courthouse steps where jurors could potentially see him so doing. In further efforts to prove his case in the court of public opinion rather than a court of law on April 4, 2013, the State unapologetically admitted that it had released a plethora of damming evidence that would not otherwise come into trial to the media. Pending before this court is a motion for mistrial based on the former, Ms. Arias’ motion for mistrial based on the latter was summarily denied.
Note should also be made of the fact that the conduct described above has ramifications that effect the ability of Ms. Arias to present her defense as the public response to this unprofessional conduct has involved berating witnesses via e-mail, telephone and in various internet forums. Said action has not only caused personal distress to these witnesses but has made it difficult for them to provide effective testimony for Ms. Arias....

:denied:

My prediction

 

[Imprint]

Thanks for letting us know when Juan steps up, I'm skipping all of Willmott .. can't be bothered really ...

I am behind in the thread (because I finally got food), but don't skip Willmott after the jury questions!

 

[Boodles]

I thought she said that, maybe I'm thinking she was talking to Ms Wong if she didn't say it to ALV

The judge was speaking to Wong. ALV is not coming back with an attorney.

 

[artsy1]

And I believe he was the oldest, 70.

He's in his 30's apparently - not the oldest juror.

 

[smeck]

Mods or veteran WS ers Are we supposed to verify or be sure of statements we post as facts? It seems like many posts are posted as fact when in fact they are absolutely wrong. This causes going round and round with posts. How do we differentiate what we are sure of and what we "think or suppose"??? Many thanks

 

[EGirl]

Excuse me if this has been asked 1000 times but what are they hearing testimony about on Monday and who is this woman who is testifying?

Ms WONG a producer from HLN.

 

[RR0004]

Too much happened...

Juror questions indicate the authors believe that ALV is biased.

ALV denies it; admits no bias.

ALV lied in answer to a juror question answer regarding the number of times she has testified on behalf of men in criminal proceedings.

JM called her out on it.

ALV also said that TA was a liar, but that JA is not.

ALV said in answer to a juror question that JA's uncorroborated domestic violence claims made her the bigger victim of domestic violence than a man she shot in the head, whose throat she slashed four inches deep, and whom she stabbed and cut nearly 30 times. Yes, that's nearly what the juror asked verbatim.

You MUST watch the videos. Do not miss today's proceedings if you are invested in this trial.

Thank you! I actually caught that testimony while driving, and I COULD NOT BELIEVE that she said JA was not the perpetrator of DV. I get that she is being paid for her testimony...but, OMG!!! How could she say that? DV is often a cycle of abuse. She could have explained that in her "big idea" way, but to intimate that Travis WASN'T the VICTIM here was so g-d awful I couldn't stop shaking.

 

[DairyGirl]

Roflmao! I think it's laughable! This witness doesn't read tweets, forums, emails, texts or instant messages...so she testified!

Phone calls and bad reviews?

Solution

#1 hang up

#2 don't read them

The same could be said to JA regarding Travis's supposed abuse.

 

[Wake_me]

I have watched that ... the judge called her name and the lady was in the courtroom on the back row. She stood up and yes she would be there Monday to testify but I can't make out her name. Who is this lady?

I believe it was Grace Wong from In Session.

 

[AngelWings444]

IF the judge ordering ALV back on Tuesday is about her stress and inability to testify, then ALV better get her :hen: in a row. Maybe her stress was because she was LYING in a court of law? It was proven she lied when she said she had testified for men in criminal cases. That must have caused her a ton of stress.

 

[smeck]

My understanding is that it was "Paco" the Hispanic man in his 30's.

There are repeated posts that it is a 70 yr old man---I thought Paco was fairly young. Thank you

 

[The Farm]

....well...remember that horse that had to be put out to pasture?...
Yeah, well, you should probably just call the glue factory straight out....:floorlaugh:

Oh wow.....lol And my damn computer has no sound so these tape links are doing no good for me. I just heard the weather on the local news so no I am changing it to HLN.

 

[RR0004]

Mods or veteran WS ers I we supposed to verify or be sure of statements we post as facts? It seems like many posts are posted as fact when in fact they are absolutely wrong. This causes going round and round with posts. How do we differentiate what we are sure of and what we "think or suppose"??? Many thanks

Folks should be providing a link. At least, that's the short answer. HTH

 

[especiallyheather]

Yes, probably more, but they weren't so bad as saying he threw his pen give us a mistrial. And Judge Perry was quick to hear argument and deny every time. Too bad they didn't get a mistrial b/c a different juror would probably have convicted her.

Thank you!

iirc...the throwing of evidence is in reference to JM dropping the camera during cross of JA. Micky Mouse issue that was dealt with at the time by the judge.

moo...

 

[Arishia]

Y'all might not want to be posting about this publicly.

Read the comment to Rule 2.02

http://www.ajs.org/ethics/pdfs/AJS comments on final draft report.pdf

She probably as dry eyes, and rolls them up to wet them. I do that all the time. That's what I first thought when I saw that. She was 'clearing' her eyes to read again.

 

[ChinaBlue]

There must be a reason JM doesn't pull out the photos - because he got the PERFECT opening with ALV saying that Jodi's abuse from Travis was WORSE than what Jodi did to him!!!
I mean, if that isn't the perfect setup for those photos, I don't know what is.

So it must be for a reason.

I think only reason I can imagine not showing pics was objected by JW & JM was unable to sway judge with argument that it goes to show more force in DV abuse per Juror Questions.. but IDK??

BBM

It wasn't necessary to convince ALV even if that were possible. The only persons who need to be convinced are the members of the jury and I gotta tell you - when ALV made that comment, my mind immediately flashed to the autopsy pictures and I flinched. I am more than 100% sure the jurors did the same thing and thought how ludicrous ALV's statement was.

 

[ZsaZsa]

NOPE. not a rumor. It was a real motion.

From the motion:

COMES NOW, Ms. Arias, by and through undersigned counsel to request that a mistrial be declared based on the prosecutorial misconduct that has infested these proceedings with a level of unfairness that cannot be cured by any other means. Ms. Arias bases this assertion on the fact that the circus like atmosphere inside the courtroom that to date has included counsel for the State yelling at witnesses, attacking witnesses on a personal level and throwing evidence. Not content with confining his misconduct to inside the courtroom counsel for the State, pursuant to his own admissions, chose to release evidence that was not coming into evidence at trial to the media and to pose for pictures with his so called fans on the courthouse steps has turned what is supposed to be a trial that comports with the rights due Ms. Arias pursuant to the 5th, 6th and 14th Amendments to the United States Constitution and Art. 2, §§ 4, 15, 23, and 24 of the Arizona Constitution into something that more closely resembles a modern day equivalent to the Salem Witch Trials which ended in 1693. This State of affairs has placed counsel for Ms. Arias in a position that they cannot fulfill the duties they owe Ms. Arias, pursuant Arizona Rules of Criminal Procedure, Rule 6.8. Counsel’s inability to fulfill these duties would thus result in Ms. Arias not having the benefit of the rights she is due pursuant to the 5th, 6th and 14th Amendments to the United States Constitution. Support for this Motion can be found in the attached Memorandum of Points and Authorities that is incorporated herein by reference.
MEMORANDUM OF POINTS AND AUTHORITIES
I. RELEVANT FACTS
OpeningstatementsinthismatterweremadeonJanuary2,20 13. Sincethattimethe State has thrown evidence and his pen, yelled at nearly every witness who took the stand in support of Ms. Arias and has hurled personal insults at defense counsel. In response to this behavior Ms. Arias has had to make several oral motions for mistrial that have beensummarily denied by this court. More recently Ms. Arias has had to make mistrial motions because the State has not confined its misconduct to inside the courtroom. Most prominent amongst this extra-curricular misconduct is his decision to pose for photographs with his “fans” outside the courthouse steps where jurors could potentially see him so doing. In further efforts to prove his case in the court of public opinion rather than a court of law on April 4, 2013, the State unapologetically admitted that it had released a plethora of damming evidence that would not otherwise come into trial to the media. Pending before this court is a motion for mistrial based on the former, Ms. Arias’ motion for mistrial based on the latter was summarily denied.
Note should also be made of the fact that the conduct described above has ramifications that effect the ability of Ms. Arias to present her defense as the public response to this unprofessional conduct has involved berating witnesses via e-mail, telephone and in various internet forums. Said action has not only caused personal distress to these witnesses but has made it difficult for them to provide effective testimony for Ms. Arias....

The bolded portion was about ALV.

Here's an idea. Don't go online. That includes Arias/Donovan.

 

[camcneishg]

I didn't hear the Judge say anything to ALV about her schedule or tell her not to concern her with her personal issues. Where is that?

it is at the end of today...after the jury left the room

 

[Schuby]

but she couldn't watch testimony. right?

She can, technically. But they are always advised by whichever side they are testifying for that they shouldn't watch to maintain the best possible appearance of fairness/independence.