trial day 51: REBUTTAL; #156

[Sleuths4Me]

Per Beth K. the next witness is Jacob who was there when JA was laying in TA's lap as he was discussing getting robbed w/ a gun to his head......BOOM!! :rocker:

 

[JayB12]

I've noticed he has a very 'flat' affect.

To his credit, though, he is very well rounded.

 

[StephanieHartPI]

She better not cry or have a headache or i'll be there in less than 6 hours............

 

[Melanie]

I totally cannot deal...the suspense is killing me. My own desire to get this show on the road notwithstanding, there was no court yesterday. There is no reason why anything that needed to be done outside of the presence of the jury could not have been done then. None whatsoever. If I were a juror, with my particular brand of ADHD...I would be practically climbing the walls.

This is AZ. If you followed the Tammy Smith and Gabriel Johnson case, you'd realize how f-d up they are.

Tammy Smith:

30 days in jail for Count 1: Conspiracy to Commit Custodial Interference
30 days in jail for Count 2: Forgery
3-year terms of supervised probation on both counts.

Elizabeth Johnson (after admitting she killed her child and threw it in a bin (to the bio dad) then later retracted to say she gave it to a strange couple in a park:

A judge has sentenced Elizabeth Johnson, the mother of missing "Baby Gabriel", to 5.25 years in prison followed years of probation, minus time served.

The judge said just after 5 p.m. Friday that Johnson has already served 1,062 days, so she will serve the remaining 2 1/3 years in prison

Read more: http://www.abc15.com/dpp/news/regio...r-of-baby-gabriel-to-learn-fate#ixzz2RJC1hxti

IMHO, I don't have a lot of faith in the AZ court system. But let's see how this one plays out.

MOOOOOOO

Mel

 

[ctmom]

Jodi looks tired.

 

[JSR]

Yay bringing in jury!!!!

 

[Lorelilly]

To be blunt, Jodi looks like carp today...too bad.

 

[Linda From New York]

Jacob who???

 

[Mr.Midnight]

Jodi will probably giving death stares to Deanne (sp?) if shes up first

 

[LinTX]

Apologies if this has been posted - I tried to look for it, but this thread moves so fast! Found this from Jeff Gold re the surrebuttal motion:

#Jodiarias brief in Support of motion for surrebuttal
Factial Backround
Over the defense objection, this Court allowed the state to present evidence via Dr. J aneen De Marte regarding Borderline Personality. The state failed to present any evidence of personality disorder in its case-in-chief. The defense presented no evidence regarding Borderline Personality Disorder (BPD) during its case-in-chief. During argument the state pointed out that the defense witness, Dr. Richard Samuels testified during questioning that at one point early in his evaluation, he questioned whether BPD would be appropriate. No further questions about BPD were asked. Dr. Samuels did not testify to his reasons why he ultimately did not diagnose BPD. During the state's rebuttal testimony, the state was allowed to delve in depth into Dr. Demarte's diagnosis of BPD. She testified about BPD in general, the traits commonly associated with BPD, and why she believed that BPD was an appropriate diagnosis for Ms. Arias. The state claimed that it was proper rebuttal to the defense expert's diagnosis of Post Traumatic Stress Disorder (PTSD). However, PTSD is not a personality disorder, so the state was not rebutting a diagnosis of one personality disorder over another. On cross exa.tnination of Dr. De Marte, defense counsel presented her vvith her own testing scores that support a PTSD diagnosis and do not support a BPD diagnosis. However, because the state did not introduce this evidence in its case~ in-chief, defense is unable to counter the state's witness and is left with Dr. DeMarte's inexperienced opinions that are in complete contradiction to defense expert's opinion

LEGAL ARGUMENT The purpose of surrebuttal testimony is to explain and rebut new evidence allowed in the state's rebuttal case or to impeach the evidence presented in rebuttal. State v. Steelman, 120 Ariz. 301,585 P.2d 1213 (1978). If a court allows new evidence to be introduced in state's rebuttal, a defendant should be allowed to introduce contradictory evidence in surrebuttal. State v. Young, 116 Ariz. 385, ii I ::~ 569 P .2d 815 (1977). Furthermore. surrebuttal should always be allowed when it is meant eSJ)ecia!l· to counter new and uncontradicted evidence put on b·y the prosecution in its rebuttal. People v. Martinez, 181 Colo. 27,506 P.2d 744 (1973). ~ l;; ~ ~ 15 Surrebuttal evidence should be allowed when it is not cumulative. State v. ~ < ~ 3E ~ 16 l7 Talmadge, 196 Ariz. 436, 999 P.2d 192 (2000); State v. Jensen, 153 Ariz. 171, 18 179, 73 5 P .2d 781, 789 ( 1987). The evidence that the defense seeks to admit is not cumulative. Rather it is directly related to Dr. De Marte's diagnosis of BPD and her own testing scores of Ms. Arias. No such evidence has been previously entered
CONCLUSION Therefore, Ms. Arias by and through defense counsel undersigned hereby notices her surrebuttal witness and requests this Court to allow surrebuttal evidence for the foregoing reasons

https://www.facebook.com/JeffreyEvanGold/posts/517296991650622

 

[Irisha]

A past long-term girlfriend of Travis's, and according to Hughes (Sp?) family the only girl that Travis has ever truly loved.

Getting back to the basic of this? Premed murder?

 

[Schuby]

:floorlaugh:

I have now officially been following this case way, way too long! I saw chijojo's post which quoted yours, and was ready to fall all over you with a Safety Plan to help give tips for you leave your abusive....seal? Never mind!

LOL!! :floorlaugh::floorlaugh:

 

[SunnyinMO]

JA looks out of it today!!

 

[aa9511]

I think JSS is so pretty!

 

[JayB12]

Arias checking this dude out

 

[leebee52]

Why, why why does the DT ALWAYS start with a sidebar????????????????????????????????????????????????????????

It's the new term for WAITWAITWAITWAITWAIT

 

[nursebeeme]

Lets go! Medford on the stand!

 

[Nezumi]

OT: Is there any way to block the offensive ad showing some gals bum on the right of the page?

 

[Candy_Pickletoes]

Mmmmmmm...Hiya Jacob!

 

[Snoopy1]

Jacob Medford