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(04-20-2013, 12:37 PM)username Wrote: Heartbreaker, beyond the facts, your opinions are valuable. At this point, what are your thoughts with regards to a conviction/sentencing? I'll be absolutely floored if she's not convicted of murder. I'm not sure she'll get the dp though.
i also will be floored if she isn't found guilty but i find myself in the same situation or feeling the same as i did with the Casey Anthony case and i hate saying that. I also hate that i am devoting so much of my time to this case, it is driving me nuts i want it to be over with! I think the jurors questions have been very clear as to who they believe and where they are going with this by how they ask their questions and what the topics are. Casey Anthony's case ended at the beginning of July, as of right now they are scheduled out to the beginning of May for trial without deliberation wouldn't it be eery if they ended around the same time?
I am very interested to know what these closed meeting are in chambers though with the defense witnesses are where it is being alleged that the Martinez is threatening the witnesses, etc. I'm surprised if it isn't happening the judge isn't putting a stop to it being said, so it makes me think something aggressive happened but what i don't know?
The other thing i'm curious about is if the questions start changing given the two people that are no longer on the jury. if the questions consistently start to change then that could be the result of the two jurors being gone.
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(04-22-2013, 05:33 PM)aussiefriend Wrote: She just comes across to me as a deliberate manipulative evil person.
I want everyone to see that. Sometimes I worry this is going to be another Casey Anthony or OJ. I know from reading the crime forum how ridiculously stupid some juries can be. She was kept on the stand for so long that I've had concerns since then that the jury will feel like they know her. I don't want them to have feelings for her.
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(04-22-2013, 10:45 AM)HairOfTheDog Wrote: (04-20-2013, 12:25 PM)heartbreaker6713 Wrote: I haven't been around as much posting wise because I saw you had it covered, I've been peeking but no sense in posting things multiple times. things go unnoticed and then repeated at later times so I just figured if something of importance popped up then I'd speak up but you have had it all covered!
Good to see you. Like username, I'm interested in reading other people's opinions on what's going down too.
Wondering if I'm alone in thinking that the Borderline Personality Disorder (BPD) diagnosis is probably a death penalty quasher?
I think the prosecution had to put Demarte on the stand to rebut LaViolette's claim that Jodi was a battered woman + Samuels's claim that her lying/cover-ups were due to PTSD. BPD, if explained to the jury again in closing, will likely garner less sympathy, but I think it will still prevent some jurors from agreeing to put her to death.
Back tomorrow with the next rebuttal witness for the prosecution. Anxious to see who Martinez calls to the stand.
No trial today (and none on Friday 4/26) - short week.
If i were on that jury i wouldn't have any sympathy for her having BPD. maybe i am mean or whatever but she never got help for her disorder and she never got help for all the 'alleged' issues that did arise for other things that wouldn't be ptsd or battered woman syndrome that would stop her from getting help.
I didn't catch the very first couple days of the trial but i don't know that the prosecution put up a psychiatrist or anything like that. I know they put up the medical examiner to go over the autopsy, etc. But i'm thinking the prosecution let the defense go first to make a "fool of themselves" and play their cards first and then trump them with their expert. i very well may be wrong if they did put someone up in the first couple days but i didn't think they did.
i think martinez will do his job as he has done in many other cases and do a great job in closing. who knows maybe he'll leave out BPD all together, does he even need to touch on it, is it important? Does it matter? BPD doesn't affect between knowing right or wrong does it? i don't know the answer to that question? If it doesn't then i would say it doesn't matter that she has it then and i would say if he includes it then that should be mentioned.
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(04-22-2013, 05:37 PM)Duchess Wrote: (04-22-2013, 05:33 PM)aussiefriend Wrote: She just comes across to me as a deliberate manipulative evil person.
I want everyone to see that. Sometimes I worry this is going to be another Casey Anthony or OJ. I know from reading the crime forum how ridiculously stupid some juries can be. She was kept on the stand for so long that I've had concerns since then that the jury will feel like they know her. I don't want them to have feelings for her.
i agree and it is still very scary to me personally how eerily close she resembles my adopted sister in looks and mannerisms!
I wonder if Martinez will mention the Snow White drawing that was put up on Ebay. The Snow White had a black eye along with some other smaller drawings.
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(04-22-2013, 05:48 PM)heartbreaker6713 Wrote: If i were on that jury i wouldn't have any sympathy for her having BPD. maybe i am mean or whatever but she never got help for her disorder and she never got help for all the 'alleged' issues that did arise for other things that wouldn't be ptsd or battered woman syndrome that would stop her from getting help.
i think martinez will do his job as he has done in many other cases and do a great job in closing. who knows maybe he'll leave out BPD all together, does he even need to touch on it, is it important? Does it matter? BPD doesn't affect between knowing right or wrong does it? i don't know the answer to that question? If it doesn't then i would say it doesn't matter that she has it then and i would say if he includes it then that should be mentioned.
I wouldn't have sympathy for her either, heartbreaker. I don't think the defense has come anywhere near proving that Travis Alexander physically attacked Jodi over a camera drop and she had to kill him to save herself (and then overkilled him due the effects of being a battered and then covered it up because she was suffering from PTSD). I'd be surprised if any jurors believe the self defense claim and fail to find her guilty of first degree murder. I too think Martinez's closing will be very strong; looking forward to it.
But, like others have expressed here, I've been unpleasantly surprised before. Still reeling from the Casey Anthony verdict. I hope we're not surprised again with the Arias verdict.
Much less confident about the sentencing than the verdict. I don't think it should matter that Jodi has been diagnosed with BPD during sentencing deliberations. The disorder doesn't prevent people from knowing right from wrong; instead they often feel irrationally justified and entitled in their extreme reactions to anger and perceived rejection. I just fear that there will be at least one juror who will view any mental disorder as a mitigating factor when deciding life or death, regardless of how they're advised; hope to be wrong.
Life without the possibility of parole would still be a win for the prosecution, imo. But, hope to see Arias isolated on death row instead of having the opportunity to continue manipulating the prison population (especially since the Alexander family wants the death penalty).
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Defense team is nervous. Hoping that both of these motions are denied. To me, they smell like "do-over" wishes to compensate for the unbelievable self-defense claim and the failures of Samuels and LaViolette.
Snipped:
PHOENIX - Accused Murder Jodi Arias’ defense team is busy with some last minute moves to save her life, including a request to allow jurors to consider lesser charges.
Defense Attorney Kirk Nurmi filed a request on Sunday to add Manslaughter by Sudden Quarrel or Heat of Passion to the jury instructions.
The manslaughter charge typically carries a seven year sentence for defendants with no prior record such as Arias.
The defense is also requesting they be allowed to call another witness to impeach or discredit the prosecution’s expert witness.
In court documents, Attorney Kirk Nurmi writes it is “necessary and critical to Ms. Arias’ defense after this court allowed the state to present new evident during rebuttal via its witness Dr. Janeen DeMarte.”
DeMarte also Arias has borderline personality disorder.
It’s this diagnosis Arias’ defense team cites is new information and gives them the right to call another witness.
Nurmi listed Dr. Robert Geffner as the defense team’s surrebuttal witness. Geffner is a psychologist with 28 years of experience.
He is also the Founder and President of the Family Violence and Sexual Assault Institute in San Diego and often speaks out against domestic violence.
Criminal defense expert Brent Kleinman says typically the prosecution has the last word, but in a death penalty case such as Arias’ the judge will likely allow the new witness to avoid appeals.
Read more: http://www.abc15.com/dpp/news/region_pho...z2RFUdywBv
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Wow. All of the judge's actions to date seem like an effort to avoid an appeal. Unfortunately, I think the defense has stacked up numerous appeal points. Not that they're legitimate but I think they still have enough to stretch this case to infinity and beyond.
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(04-22-2013, 05:48 PM)heartbreaker6713 Wrote: I didn't catch the very first couple days of the trial but i don't know that the prosecution put up a psychiatrist or anything like that. I know they put up the medical examiner to go over the autopsy, etc. But i'm thinking the prosecution let the defense go first to make a "fool of themselves" and play their cards first and then trump them with their expert. i very well may be wrong if they did put someone up in the first couple days but i didn't think they did. You're right; in opening statements and case-in chief, Martinez theorized that Jodi killed Travis out of jealousy and anger and presented personal, investigative, and forensic witnesses. The prosecution didn't introduce a psychological component in its case until it was necessary in order to rebut the defense's psychological diagnosis.
Betting that Martinez would have avoided any psychological testimony in this case if he had his druthers; it makes the death penalty more difficult to attain. But, he knew the defense's claim and witness list in advance; he was well prepared to rebut them with Demarte. She was, imo, able to undermine what the defense's psychologists presented and offered a more objective psychological diagnosis that at least supports Martinez's motive theory.
IDK if the prosecution will bring up BPD in its closing; guessing it will depend on how much influence Martinez deems the defense's battered woman/PTSD diagnosis to have on the jury at that time. All JMO.
(04-22-2013, 11:26 PM)username Wrote: Wow. All of the judge's actions to date seem like an effort to avoid an appeal. Unfortunately, I think the defense has stacked up numerous appeal points. Not that they're legitimate but I think they still have enough to stretch this case to infinity and beyond.
I think so too; Judge Stephens is doing everything possible to avoid any foreseeable successful appellate issues. It means giving the defense a lot of leeway in death penalty cases.
Will be interesting to see how she rules on today's two major defense motions. Wouldn't be surprised if she grants both, but hope she's able to grant neither.
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Hey HoTd, who knew one day you would be a super sleuth here in Mock? My God. Love your work. Totally serious, I miss my gay ex husband at times though..
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(04-22-2013, 10:20 PM)HairOfTheDog Wrote: Defense team is nervous. Hoping that both of these motions are denied. To me, they smell like "do-over" wishes to compensate for the unbelievable self-defense claim and the failures of Samuels and LaViolette.
Snipped:
PHOENIX - Accused Murder Jodi Arias’ defense team is busy with some last minute moves to save her life, including a request to allow jurors to consider lesser charges.
Defense Attorney Kirk Nurmi filed a request on Sunday to add Manslaughter by Sudden Quarrel or Heat of Passion to the jury instructions.
The manslaughter charge typically carries a seven year sentence for defendants with no prior record such as Arias.
The defense is also requesting they be allowed to call another witness to impeach or discredit the prosecution’s expert witness.
In court documents, Attorney Kirk Nurmi writes it is “necessary and critical to Ms. Arias’ defense after this court allowed the state to present new evident during rebuttal via its witness Dr. Janeen DeMarte.”
DeMarte also Arias has borderline personality disorder.
It’s this diagnosis Arias’ defense team cites is new information and gives them the right to call another witness.
Nurmi listed Dr. Robert Geffner as the defense team’s surrebuttal witness. Geffner is a psychologist with 28 years of experience.
He is also the Founder and President of the Family Violence and Sexual Assault Institute in San Diego and often speaks out against domestic violence.
Criminal defense expert Brent Kleinman says typically the prosecution has the last word, but in a death penalty case such as Arias’ the judge will likely allow the new witness to avoid appeals.
Read more: http://www.abc15.com/dpp/news/region_pho...z2RFUdywBv
I'd be surprised that the defense would be allowed a new witness at this point. If i am aware of the process the prosecutions expert witness wasn't a surprise witness, they were well aware of her opinion and what her diagnosis was going to be. If the defense failed to read the reports or what her diagnosis was going to be then that is on them. She has made it perfectly clear that she met Arias a while ago and didn't go back the multiple times that the experts did for the defense so the reports that were compiled were complete and didn't have supplemental parts to them.
I agree that this is straws for them to grasp on to but i don't think they will be allowed. I feel that the charges allowed for the jury should have been established at the beginning of the trial before the cards were laid out. You don't get to see the cards in a 7 card stud and then say i want half the pot back. I think the judge has done a fair job in hearing everything out and making a record of it as stated by others to preserve the record for appeals sake but i don't think there will be much for appeals.
does anyone see reason for appeal? She has been granted reasonable requests, even being given more food than other prisoners for extra calories to help with the migraines. Court has been reschedule for her health, more so than for Casey Anthony and i think that was once for viewing images of her deceased daughter bones if i'm not mistaken. Arias didn't even call out when she viewed all those gruesome pictures over and over again. I agree i am still reeling from the Casey Anthony case too and isn't it amazing, don't know if that is the right word but that a case we aren't personally touched by can have such an impact on society. It's been almost a year and yet i know myself i am still in disbelief that she walked free. What would you do if one day you were walking down the street and you saw Casey Anthony browsing a street rack of clothes?
If appeal is brought up my thought is and maybe this could go both ways but i would bring up the fact that by her own words she said she was not paying attention to her own trial by spacing out, is she not interested in participating in her trial or is it only when it's beneficial to her or when the witnesses say something that she finds interesting. Or is it when the witness says something that she agrees with. Sadly she said this to a question when the witness in question were friends of hers and not expert witnesses so how does that reflect on her, definitely not someone who misses those people and would want to lock their faces to memory and hang on their words.
This was a much longer post than intended! Arizona does things differently that is for sure. I've never heard of surrebuttal witness! so the defense will have another try?
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(04-22-2013, 08:57 PM)HairOfTheDog Wrote: I wouldn't have sympathy for her either, heartbreaker. I don't think the defense has come anywhere near proving that Travis Alexander physically attacked Jodi over a camera drop and she had to kill him to save herself (and then overkilled him due the effects of being a battered and then covered it up because she was suffering from PTSD). I'd be surprised if any jurors believe the self defense claim and fail to find her guilty of first degree murder. I too think Martinez's closing will be very strong; looking forward to it.
But, like others have expressed here, I've been unpleasantly surprised before. Still reeling from the Casey Anthony verdict. I hope we're not surprised again with the Arias verdict.
Much less confident about the sentencing than the verdict. I don't think it should matter that Jodi has been diagnosed with BPD during sentencing deliberations. The disorder doesn't prevent people from knowing right from wrong; instead they often feel irrationally justified and entitled in their extreme reactions to anger and perceived rejection. I just fear that there will be at least one juror who will view any mental disorder as a mitigating factor when deciding life or death, regardless of how they're advised; hope to be wrong.
Life without the possibility of parole would still be a win for the prosecution, imo. But, hope to see Arias isolated on death row instead of having the opportunity to continue manipulating the prison population (especially since the Alexander family wants the death penalty).
I also wanted to mention that when i said i wouldn't have sympathy for her having BPD i actually stated that without even thinking about the murder. I just don't have sympathy for people when they don't get help, there are a lot of people out there with mental illness or diseases and there are a lot of people out there that either choose to get help or are able to get help through the direction of others. And when other people choose not to it really gets under my skin. I firmly believe that Arias knew there was something wrong with her, deep down inside she knew there was something wrong with her. I guess i feel you know when you aren't on the right "railroad tracks' with everyone else you know you aren't humming the same song. She could have gone to a doctor to just talk and from there things could have progressed but she didn't and this was before travis.
i also put some of this on her mother. If people were coming to her mother saying your daughter needs help or something isn't right and she just sat there, then she knew something wasn't right. She didn't protect her daughter from herself, she didn't protect society from her and she didn't get her the help she needed. Even with the help it doesn't mean she wouldn't have gone off her meds or still done what she did but at least it would have been one step in the right direction instead of doing nothing and enabling Arias to just do what she continued to do which was live as she chose to do, with not much consequence. She kind of reminds me of the runaway bride, she changes and morphed herself to who ever she was dating and their preferences.
I also am worried about the sentencing more verses the verdict but i will be happy with life in prison either way. I am thinking she will be kept away from many people because of the popularity of her case and safety issues but i could be wrong. She has had quite a few write ups in jail so it has proven that she has had issues in jail, i also wonder as details of her trial (sexual exploits, phone sex call, etc) become known in jail if she would become more of a target in jail and if they wouldn't seclude her more because of that. Even if Arias was on death row she would manipulate people there too, it is what Seeing what we see of her as we do i wouldn't be surprised that if she was sentenced to death that she would do a glamour shot type hairdo going in to the chambers or something ridiculous and her last sentence would be a quote from Travis and how she is going to finally be with him or something like that. she is narcissistic and really thinks she is going to get off.
Has anyone else noticed that she doesn't watch the jury as much when they walk out, she is too busy talking to her attorney (female) or the other one with really short hair that sits in the back when she hurries up front. Before she would try really hard to make eye contact with each one and not say a word and now she can't stop talking to her attorney, something much sure be important.
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(04-23-2013, 12:12 PM)heartbreaker6713 Wrote: I'd be surprised that the defense would be allowed a new witness at this point. If i am aware of the process the prosecutions expert witness wasn't a surprise witness, they were well aware of her opinion and what her diagnosis was going to be. If the defense failed to read the reports or what her diagnosis was going to be then that is on them. She has made it perfectly clear that she met Arias a while ago and didn't go back the multiple times that the experts did for the defense so the reports that were compiled were complete and didn't have supplemental parts to them.
It's my understanding that surrebuttal is a component of the process, but I don't think surrebuttal witnesses are used commonly. They're controversial because some see them as giving the defense an unfair second chance to try to change up/fix their failures in the trial as the case draws closer to jury deliberation. I would think a judge would be more inclined to grant a surrebuttal witness request in a death penalty case because the stakes are so high. This is all just to the best of my understanding, which is limited.
(04-23-2013, 12:12 PM)heartbreaker6713 Wrote: I think the judge has done a fair job in hearing everything out and making a record of it as stated by others to preserve the record for appeals sake but i don't think there will be much for appeals.
does anyone see reason for appeal?
There is an automatic appeals process for death penalty convictions; there are almost always a lot of issues in the appeal docs (that doesn't many any of them are valid).
I agree that the judge has been doing a good job of addressing defense motions/issues in a manner that will minimize those issues being successfully argued in favor of appeal; the appellate judge will see that the issues were appropriately handled and resolved by the trial judge and don't merit overturning the verdict or granting a new trial.
(04-23-2013, 12:12 PM)heartbreaker6713 Wrote: What would you do if one day you were walking down the street and you saw Casey Anthony browsing a street rack of clothes? Nothing. But, the look on my face would probably reflect total disgust.
TODAY'S REBUTTAL WITNESSES:
Love that Martinez called Travis's friend Jacob Mefford and showed, via Jacob's videos/photos and witness account, how very public Jodi and Travis were in terms of public affection at PPL events; no secret. (My mom and sister are here for a visit; we unanimously voted him our favorite witness so far. Direct, quick, and kinda cute).
So far, the Salinas Walmart clerk is doing a good job demonstrating that it's highly unlikely Arias could have returned the third gas can without it being reflected in the Walmart records.
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(04-23-2013, 02:19 PM)HairOfTheDog Wrote: It's my understanding that surrebuttal is a component of the process, but I don't think surrebuttal witnesses are used commonly. They're controversial because some see them as giving the defense an unfair second chance to try to change up/fix their failures in the trial as the case draws closer to jury deliberation. I would think a judge would be more inclined to grant a surrebuttal witness request in a death penalty case because the stakes are so high. This is all just to the best of my understanding, which is limited.
(04-23-2013, 12:12 PM)heartbreaker6713 Wrote: I think the judge has done a fair job in hearing everything out and making a record of it as stated by others to preserve the record for appeals sake but i don't think there will be much for appeals.
does anyone see reason for appeal?
There is an automatic appeals process for death penalty convictions; there are almost always a lot of issues in the appeal docs (that doesn't many any of them are valid).
I agree that the judge has been doing a good job of addressing defense motions/issues in a manner that will minimize those issues being successfully argued in favor of appeal; the appellate judge will see that the issues were appropriately handled and resolved by the trial judge and don't merit overturning the verdict or granting a new trial.
TODAY'S REBUTTAL WITNESSES:
Love that Martinez called Travis's friend Jacob Mefford and showed, via Jacob's videos/photos and witness account, how very public Jodi and Travis were in terms of public affection at PPL events; no secret. (My mom and sister are here for a visit; we unanimously voted him our favorite witness so far. Direct, quick, and kinda cute).
So far, the Salinas Walmart clerk is doing a good job demonstrating that it's highly unlikely Arias could have returned the third gas can without it being reflected in the Walmart records.
I apologize that i wasn't more clear. I was aware that there is an automatic appeal process. I guess what i am not clear on or don't understand is that since there is an automatic appeal process, does that mean she is automatically granted that appeal or does there need to be a reason. Meaning does she get a new trial, i guess not because that would mean every person gets two trials on death row. How does that work? can someone explain that process possibly in an easy way?
Would the judge be so careful with all her decisions if it weren't a death penalty case? It is interesting to look back at the decisions and see she is being very open with time and hearing a lot of motions and taking many things in chambers. I wonder if she feels that this will go towards a death penalty and maybe she is crossing her t's and dotting her i's to be sure. Has anyone looked into her past cases to see if she is always this careful?
On the Walmart witness i was definitely pleased with this witness. i do have a couple comments on this. I was surprised that the defense didn't cross on at least something. And that leads me to the second comment that someone didn't at least ask the process of what is the return process if you don't have the receipt with you. Because yes the receipt is in evidence but what if she tried to return the gas can claiming she didn't have a receipt.
I guess i expected the defense to cross but if she is caught in a lie then she is caught in a lie, again. But the point i made about no receipt could have been asked to cause at least some doubt perhaps and that wasn't asked. And then it wasn't asked by the prosecution to erase any doubt because as i watched i was thinking to myself what about with no receipt why aren't you talking about that. Maybe the didn't talk about it because the receipt is there but given that it is proven she lies and is manipulative i would cover every base i could if it meant only a couple more questions.
I have returned things to Walmart without a receipt and while the process is somewhat similar it is possible to return it without a receipt and there would be no circles or lines or initials on there. There would be documentation if it was done correctly on Walmarts part. However the difference i encountered was that i was informed that i could only return things to Walmart a total of three times in a time of 12 months without a receipt as was there policy and i needed to use my i.d. You also didn't get cash back it was put back on a gift card from Walmart. and not returned on your debit card or any other form. Another little piece of information if you don't have your receipt the price they give you is the lowest price of that item that they've had as an ad i believe they had in the last so many days, i think it was 90 days because without a receipt they have no idea how much you paid for the item even with a price tag on it, the price tag won't ring up if it was on sale.
I will say when i went to a different store called Kohls' and i had a return for something i bought 6 months, packed because i moved threw it into storage unpacked and lost a ton of weight so it didn't fit with tags still on it so i wanted to see if i could return it because honestly no one i know would be able to wear it. They actually were able to swipe my debit card and find the purchase on my debit card. I was able to choose whether i wanted it back on my debit card or cash. Now i am sure that stores are different and have different software, etc. so i don't expect each store to be the same but it is definitely interesting how stores can look information up now days.
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I also enjoyed watching travis's ex girlfriend on the stand. Although it was uncomfortable to watch her talk about her sex life and it was obvious that she was uncomfortable. I am wondering if Arias was aware that Travis's ex and Travis were sexually active and if Arias wasn't his "first". I found her to be very matter of fact and believeable. She didn't get flustered or bend on facts and even when she didn't know exact dates she didn't really cave on things or try to make things fit (square box in a round whole) just to make them fit for details sake. The jury as well didn't have very many questions to ask her. She also stated that travis over their long relationship never physical, emotionally, verbally, or in any way abused her. He never pushed her to do things she didn't want to. And even in the defense's questions at least in my opinion made it seem that jodi liked or asked for the things that travis did to her, blowing a load on her face, and all the sexual things that they did. Maybe i took the question that wrong way, i don't know. But saying "you had a different relationship perhaps" to the witness would mean just that when Arias texts to travis that she wants him to blow a glorious load on her face, i would say that you prefer that type of behavior and you are stating what you like and either doing it to provoke that type of behavior and/or doing it to turn him on and in turn doing it to turn herself on. I believe that Arias was using sex to get love from travis and when that stopped working and was going to stop all together then she "snapped" and didn't want anyone else to have him.
Is it normal in the mormon religion for them to wear wedding rings? I just ask this because i noticed that travis's ex girlfriend wasn't wearing a wedding ring, nothing wrong with that but just in her testimony that travis had felt bad that he had taken up so much of her life without marrying her. I was wondering if she had ever gotten married or maybe she had gotten married and subsequently divorced, etc.
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(04-24-2013, 12:18 PM)heartbreaker6713 Wrote: I apologize that i wasn't more clear. I was aware that there is an automatic appeal process. I guess what i am not clear on or don't understand is that since there is an automatic appeal process, does that mean she is automatically granted that appeal or does there need to be a reason. Meaning does she get a new trial, i guess not because that would mean every person gets two trials on death row. How does that work? can someone explain that process possibly in an easy way?
You're right, the automatic appeal process in no way implies that the death penalty convict will get another trial; rarely happens.
Here are the processes available to those sentenced to death in the state of Arizona.
I. Appeals Process
Death penalty cases are automatically appealed to the Arizona Supreme Court. Prior to the enactment of Arizona’s new death penalty sentencing statute, the Court independently reviewed the propriety of the death sentence. Under the new statute, the Arizona Supreme Court reviews the conviction and sentence for error, but does not independently determine whether to impose a death sentence.
To the extent that the ruling of the Arizona Supreme Court addresses a federal constitutional issue, either of the parties can appeal a decision of that court directly to the United States Supreme Court by petitioning for a writ of certiorari.
II. Post-Conviction Relief
Immediately following the final conclusion of the direct appeal to the Arizona Supreme Court, post-conviction relief (PCR) proceedings are initiated in the trial court. Post-conviction relief proceedings allow the defendant to raise claims relating primarily to whether: (1) trial counsel provided effective representation during the trial and sentencing hearing; (2) there is “newly-discovered” evidence that would have changed the verdict or sentence had it been presented at the time of trial; and (3) a change in the law that applies retroactively would probably change the conviction or sentence. The trial court’s decision on the post-conviction relief claims can be appealed to the Arizona Supreme Court by either party, and the parties may file a petition for writ of certiorari requesting the United States Supreme Court to review the decision of the Arizona Supreme Court.
III. Federal Habeas Corpus
Under 28 U.S.C. § 2254, a state prisoner may seek relief in federal district court on claims that his federal constitutional rights were violated at trial or at sentencing. A federal constitutional claim may only be raised in federal court if it has first been raised in a procedurally appropriate manner in state court. During the federal habeas corpus proceeding, the federal court decides if the state court ruling conflicts with controlling United States Supreme Court authority.
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(04-24-2013, 12:31 PM)heartbreaker6713 Wrote: I also enjoyed watching travis's ex girlfriend on the stand.
Is it normal in the mormon religion for them to wear wedding rings? I just ask this because i noticed that travis's ex girlfriend wasn't wearing a wedding ring, nothing wrong with that but just in her testimony that travis had felt bad that he had taken up so much of her life without marrying her. I was wondering if she had ever gotten married or maybe she had gotten married and subsequently divorced, etc.
I thought that Deanna Reid was a very credible witness for the prosecution too. She was forthright and seemed like a really smart nice woman who Travis loved and treated quite well for years, though he wasn't ready to marry her.
I know they remained good friends after she broke it off with him and that Travis's dog Napolean is in her care. But, I don't know if she ever married. Mormon couples do wear wedding rings; not sure if she didn't have one on because she's still single, divorced, or married and chose not to wear it to court for some reason.
THE END IS NEAR!!!!
Closing arguments will begin next week. For real.
It has not yet been announced whether the judge will allow a surrebuttal witness to rebut Dr. Demarte, but most legal analysts that I've read believe the judge will allow it (thereby giving the defense the final word to the jury).
Haven't seen any announcement as to whether the judge will grant the defense's request to add Manslaughter by Sudden Quarrel or Heat of Passion to the jury instructions. If Judge Stephens grants this request, it is a huge win for the defense team, imo. Whichever way it goes, anxious to hear the decision and rationale behind it.
Looking forward to the final countdown...
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Remainder of trial schedule announced yesterday:
-Today, 4 /25 is a half day of court.
-Tomorrow, 4 /26 - no testimony.
-Monday, 4 /29 and Tuesday 4 /30 - no testimony.
-Wednesday, 5 /1, court resumes.
-Thursday, 5 /2 and Friday, 5 /3 - closing arguments.
I think that the surrebuttal witness will be allowed on Wed 5 /1 and it will probably take a couple of days to get him off the stand. Guessing the jury will begin deliberations mid next week.
Circus Fare:
HLN interviewed an exec from National Enquirer (NE) yesterday. NE will be running a story about the following:
-Arias claims that she had been impregnated by Travis and that he figuratively killed her with his cold and uncaring reaction. She claims that she miscarried. No dates, times or other details given for this latest piece of Arias fiction.
-Arias is writing a tell-all book in jail and expects to make a lot of money when it's published.
-This one's been circulating for a while and was confirmed by Jodi's male visitor/advocate on Nancy Grace: Arias expects to be out of jail in a few years and has asked this loyal male visitor/advocate (translation = idiot groupie) to provide sperm so that she and her lesbian lover can have a child.
Despite appearances, the object of Jodi's reported affection is a female jail mate, NOT her clothes-matching chirpy counsel:
Creepy...
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Another weird day in court.
The ME (Dr. Horn) was called by Martinez again to testify that the shot to Travis's face came last; after he was stabbed. Prosecution and juror questions asked about cases where Travis could have been ambulatory after a head shot. Earlier in the case, there was apparently some misunderstanding between Horn and Investigator Flores (who had said in hearings that the ME had concluded that the shot came first). Horn says that was never his opinion.
Juror 8 was dismissed today, just as the Prosecution rested its rebuttal case (which included showing the jury the autopsy photos; surely no accident that Martinez ended his case with those images). Juror 8 is a middle aged white male who reportedly took a lot of notes and submitted juror questions. No reason for his dismissal given yet.
The judge has granted the defense's request for a surrebuttal witness to rebut Demarte's testimony. He'll testify Wednesday.
Wednesday is gonna be a long day; the judge declared they'll start at 9 am and keep going until testimony is through so jury instructions can be read on Thursday, after which closing arguments will begin.
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(04-25-2013, 03:04 PM)HairOfTheDog Wrote: Wednesday is gonna be a long day; the judge declared they'll start at 9 am and keep going until testimony is through so jury instructions can be read on Thursday, after which closing arguments will begin.
Shit, the way this trial has gone, it will be 9pm when the jury gets their instructions.
Of the millions of sperm injected into your mother's pussy, you were the quickest?
You are no longer in the womb, friend. The competition is tougher out here.
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Another juror dismissed.
Devil Money Stealing Aunt
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