Jodi Arias Retrial, Day #18 (afternoon session)

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Leave your thoughts & comments below on the afternoon session of Trial Day #18 – the Evidentiary Hearing… as Bryan Neumeister continues to single-handedly decimate the State’s case against Jodi, with confirmation of Martinez’ corruption, misconduct, coerced perjury & evidence tampering

Bryan Neumeister
Bryan Neumeister
Taxi for Kermit
Taxi for Kermit

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    • Can someone tell me who this weird Angel Rocks is?? I hear its a man who dressed in fairy gear and this sicko actually collects money for pedo Travis family???? This person is always sending me hate messages. The family allows this weirdo to speak for them?? Anyone know/??

  1. Jen’s Trial Diaries @TrialDiariesJ · 1m 1 minute ago

    Juan- was SpyBot run in May of 2008? Bryan- He needs to do more things to find this information out #jodiarias #3tvarias

  2. Jen’s Trial Diaries @TrialDiariesJ · 57s 57 seconds ago

    Juan- May 27th, 2008 after 11pm is was run? Bryan- I can’t give exact info with running a report #jodiarias #3tvarias

  3. Jen’s Trial Diaries @TrialDiariesJ · 36s 36 seconds ago
    Juan- Go to May 27th, 2008 Bryan- Well there is mortified and change #jodiarias #3tvarias

    Jen’s Trial Diaries @TrialDiariesJ · 1m 1 minute ago
    Juan-Go to that one Bryan- why would you want me to go to that one Juan basically says just do it #jodiarias #3tvarias

    Jen’s Trial Diaries @TrialDiariesJ · 20s 20 seconds ago
    Juan- So you can’t tell me anything Bryan- I needed to know this ahead of time #jodiarias #3tvarias

  4. Jen’s Trial Diaries @TrialDiariesJ · 31s 31 seconds ago

    Juan- In a motion filed on Nov. 10th, 2014 the websites that are mentioned all start on May 28, 2008 correct? #jodiarias #3tvarias

  5. William Pitts @william_pitts · 14s 14 seconds ago

    Neumeister: “sorry, there’s just so much porn on this computer it takes me a qhile to get through it all.” #JodiArias

    • Jen’s Trial Diaries @TrialDiariesJ · 51s 51 seconds ago

      Bryan says sorry it’s taking me so long there’s just so much porn on here lol #jodiarias #3tvarias

  6. William Pitts @william_pitts · 1m 1 minute ago

    Martinez asked when porn was first accessed on #TravisAlexander’s laptop. #JodiArias

  7. Jen’s Trial Diaries @TrialDiariesJ · 35s 36 seconds ago

    Juan- Spybot was installed in 2007 wasn’t it? Bryan- I need to look. #jodiarias #3tvarias

    • Not that it matters a tidily wink but a quick research of the Spybot software shows it isn’t worth a tinkers damn!

  8. William Pitts @william_pitts · 43s 44 seconds ago

    At some point I wonder if Judge will tell Martinez to get on with what this has to do with the actual evidence and not his copy of it.

  9. William Pitts @william_pitts · 27s 27 seconds ago

    Because so far in this hearing we’ve definitively learned that #JodiArias is the defendant.

  10. William Pitts @william_pitts · 1m 1 minute ago

    Neumeister. Someone had to manually click Install to install a program on 6-10. #JodiArias

  11. Jen’s Trial Diaries @TrialDiariesJ · 1m 1 minute ago
    Juan- You said it was a hard shut down on computer and on 6/19/2009 you are saying someone erased files #jodiarias #3tvarias

    Jen’s Trial Diaries @TrialDiariesJ · 41s 42 seconds ago
    Bryan- When computer powered up without write blocker things got mortified. #jodiarias #3tvarias

  12. Michael Kiefer @michaelbkiefer · 27s 27 seconds ago
    On June 10, 2008, “Someone went on there and started pushing buttons,” Martinez said. He brings up “incinerator” again.

    Michael Kiefer @michaelbkiefer · 2m 2 minutes ago
    Neumeister: “You keep talking about this incinerator like it’s a program.”

  13. William Pitts @william_pitts · 52s 53 seconds ago
    Martinez now references Incinerator 2.3 program. Neumeister says it’s not a thing. But it is. #JodiArias

    William Pitts @william_pitts · 2m 2 minutes ago
    Neumeister says there’s no program called Incinerator. Says it’s not installed “whatever yoou’re talking about.”

    William Pitts @william_pitts · 8s 8 seconds ago
    Martinez sits down. Here come Wilmott. #JodiArias

  14. Michael Kiefer @michaelbkiefer · 1m 1 minute ago

    Neumeister calls up a list of programs and asks Martinez which one he was talking. “I’m trying to find out what program you’re talking about

  15. William Pitts @william_pitts · 52s 53 seconds ago

    omg the attorneys just started to argue an objection without going to sidebar. Judge put a stop to that. #JodiArias

  16. Jen’s Trial Diaries @TrialDiariesJ · 51s 51 seconds ago

    Willmott- You know when someone actually touches keyboard correct? Bryan- Yes and someone installed updates #jodiarias #3tvarias

  17. Jen’s Trial Diaries @TrialDiariesJ · 21s 21 seconds ago

    Juan is objecting and things are being sustained #jodiarias #3tvarias

  18. Jen’s Trial Diaries @TrialDiariesJ · 17s 17 seconds ago

    Willmott- Is Quicktime related to Apple Bryan- Yes and it has to be manually installed due to licensing #jodiarias #3tvarias

  19. Michael Kiefer @michaelbkiefer · 10s 11 seconds ago

    Martinez objecting to Willmott questions about an apple program installed. Overruled.

  20. Michael Kiefer @michaelbkiefer · 32s 32 seconds ago

    The apple program was downloaded June 10, 2008, the computer was turned odd incorrectly. It installed on June 19, other files modified.

  21. William Pitts @william_pitts · 1m 1 minute ago
    Neumeister reiterates that when Quicktime installs, it overwrites hard drive space. Whatever was there is gone. #JodiArias

    William Pitts @william_pitts · 59s 60 seconds ago
    Which is why the write-blocker is used and the actual laptop shouldn’t be touched. #JodiArias

  22. William Pitts @william_pitts · 45s 46 seconds ago

    Neumeister says Martinez never asked how big the filed from Mesa PD were. Wilmott says we’ll get to that. #JodiArias

  23. Jen’s Trial Diaries @TrialDiariesJ · 52s 52 seconds ago

    Jen is hammering away about how you NEVER turn on a computer in this situation without a write blocker #jodiarias #3tvarias

  24. Michael Kiefer @michaelbkiefer · 16s 17 seconds ago

    Quicktime and iTunes update both installed. Someone had to push a button to do so. #JodiArias

  25. Michael Kiefer @michaelbkiefer · 7s 7 seconds ago

    Willmott: Prosecutor, case agent and defense attorneys all present when the computer was turned on.

  26. William Pitts @william_pitts · 10s 11 seconds ago

    Neumeister: Installation happened when Maria Shaffer, previous attys and pros were in the evidence room. And someone hit OK. #JodiArias

  27. Jen’s Trial Diaries @TrialDiariesJ
    W- So when the computer was turned on June 19, 2009 that’s when all these deletions and modification happened right?
    Bryan- Yes

    William Pitts @william_pitts · 32s 32 seconds ago
    According to Maria Schaffer’s testimony, the only person she saw touching the laptop was Juan Martinez. Martinez said it was her. #JodiArias

  28. Monica Lindstrom @monicalindstrom · 2m 2 minutes ago

    This hearing is not dealing with mitigation-it is about #JodiArias trying to get case/death dismissed because of “misconduct”

  29. William Pitts @william_pitts · 11s 12 seconds ago

    so according to defense we have gross misconduct in evidence handling, lawyers accidentally destroying evidence, prosecution covering up….

  30. William Pitts @william_pitts · 9s 10 seconds ago

    according to prosecution, we have defense lawyers destroying eivdence, computer expert coverinng their own mistakes, and lying…

  31. Jen’s Trial Diaries @TrialDiariesJ · 54s 54 seconds ago

    Lot’s of computer language I don’t get #jodiarias #3tvarias Only word I know is modified and I can’t even spell it right lol

    • Because the prosecutor didn’t hand it over when he was supposed to.
      Now if you’re asking why this didn’t come up in trial..I’m going to go with an uneducated guess..who would have thought that the prosecutor would be stupid enough to pull a stunt like this. Someone must have stepped forward with this information to have them take a second look. Imo.

      I could be wrong…

  32. So, with the Defense pointing the finger at the prosecution and the Prosecution pointing the finger at the Defense, how the f88k is Pickles gonna decide? And how much is there for us when we know for a fact whose side she’s on and has always been.

    • But the big point for JSS is did porn exist on TA’s computer and was it destroyed/deleted ? If she can answer Yes to that question then she has no alternative to call a mistrial IMHO. The blame game is secondary at this point for JSS to answer the question DID JODI RECEIVE A FAIR TRIAL WITH ALL EXCULPATORY EVIDENCE PRESENTED TO THE JURY? NO !!!

  33. William Pitts @william_pitts · 51s 52 seconds ago

    and at some point the defense has to prove intent or knowledge of evidence destruction to win their motion of prosecutorial misconduct.

    • I think he is wrong on that – incompetence is NO EXCUSE !!! You can NOT put someone to death because someone was incompetent !!!!

      • They have DIRECT evidence of perjury by an officer of Mesa PD –

        They have it in Martinez’s own response to the motion, where he says that multiple viruses and mal-ware programs (he doesn’t say multiple, he says how many, I’m just not remembering right now) were found on TA’s computer in Jun of 08. Melendez testified there were none.

        Perjury by a law enforcement officer is misconduct, is it not? Law enforcement is under the blanket of prosecutorial purview, correct?

  34. Michael Kiefer @michaelbkiefer · 38s 39 seconds ago
    Neumeister said there were 70,000 files “zeroed out” on Travis Alexander computer with no dates on them. #JodiArias

    William Pitts @william_pitts · 7s 8 seconds ago
    Neumeister says the drive he made copies of is his work clone, not a copy of the original drive. That was left out this morning

    Jen’s Trial Diaries @TrialDiariesJ · 1m 1 minute ago
    W- Pros accused you of incinerating things did you do that Bryan- No. Aug 26th, 2014 we found 70,000 files had been zero’d out #jodiarias

    Jen’s Trial Diaries @TrialDiariesJ · 1m 1 minute ago
    Willmott- So clearly you didn’t do that! Bryan- No. Every bit of porn was on the Mesa PD clone #jodiarias #3tvarias

    Michael Kiefer @michaelbkiefer · 7s 8 seconds ago
    Neumeister: “I think Mr.Martinez thinks the (virus) files that went to the trash bin were shredded.” #JodiArias

  35. Jen’s Trial Diaries @TrialDiariesJ · 12s 12 seconds ago
    B- Zlob virus was installed and un installed many times. It’s a player from porn sites and it asks you to download it and it was #jodiarias

  36. Michael Kiefer @michaelbkiefer · 1m 1 minute ago
    One porn virus is a video player you need to download to view the porn. The virus comes with. It was installed and deleted more than once.

    Michael Kiefer @michaelbkiefer · 19s 19 seconds ago
    Neumeister said he had never seen so many anti-virus/privacy programs on one computer. Some of the programs were also viruses. #JodiArias

    • Jen’s Trial Diaries @TrialDiariesJ · 51s 52 seconds ago

      Bryan says he’s never seen this many privacy scrubbers on a computer.#jodiarias #3tvarias

  37. William Pitts @william_pitts · 16s 16 seconds ago

    good god, Wilmott and Martinez are openly arguing an objection again. #JodiArias

  38. Jen’s Trial Diaries @TrialDiariesJ · 29s 29 seconds ago

    Juan says Willmott wants to discuss the porn and he is here to discuss the misconduct allegations. Judge allows porn talk #Jodiarias

  39. Michael Kiefer @michaelbkiefer · 1m 1 minute ago
    Martinez says they are there to determine whether there was misconduct in deleting files, not to discuss content of computer. #JodiArias

    Michael Kiefer @michaelbkiefer · 19s 19 seconds ago
    Martinez: “Who is he?” Willmott: “He is a forensic expert.” Martinez demands a copy of Neumeister’s hard drive. Stephens: “Approach.”

  40. William Pitts @william_pitts · 2m 2 minutes ago
    Objection is about how many malware blockers Neumeister has on his computer.

    William Pitts @william_pitts · 2m 2 minutes ago
    Martinez doesn’t want Neumeister to answer and “apply his standard.” #JodiArias

    William Pitts @william_pitts · 2m 2 minutes ago
    Martinez: who is he?” Wilmott: “he’s a computer forensics expert…” M: “we want a hard copy of his computer.” Wilmott laughs. #JodiArias

    William Pitts @william_pitts · 1m 1 minute ago
    Worth noting a few minutes ago Martinez said he would “challenge Neumeister when he’s on the witness stand. No way this ends 12/18…

    William Pitts @william_pitts · 9s 9 seconds ago
    we’re back from sidebar. #JodiArias

  41. Jen’s Trial Diaries @TrialDiariesJ · 26s 27 seconds ago

    Willmott- Having this amount of privacy scrubber and anti virus does what when someone has been looking at Porn from 2006-2008 #jodiarias

  42. Jen’s Trial Diaries @TrialDiariesJ · 1m 1 minute ago
    Bryan- You are trying to get rid of data. I’ve seen no more than 6 and this computer had 22 #jodiarias #3tvarias

    Jen’s Trial Diaries @TrialDiariesJ · 9s 10 seconds ago
    Bryan says the registry is the brain of the computer and that’s where you start to look for stuff #jodiarias #3tvarias

  43. Michael Kiefer @michaelbkiefer · 33s 33 seconds ago

    Neumeister says Spybot hides the porn on your history so your spouse can’t see it, but it does not take it out of the registry. #JodiArias

  44. William Pitts @william_pitts · 1m 1 minute ago
    N: “If soeone doesn’t look through the registry they’re missing the forest for the trees.” #JodiArias

    William Pitts @william_pitts · 50s 51 seconds ago
    so, pro tip: check your registry if you want to get rid of anything on your laptop. #themoreyouknow

  45. William Pitts @william_pitts · 32s 32 seconds ago
    Wilmott quotes Lonnie Dworkin: “After that I went through all the Internet history registry of the computer itself.” #JodiArias

    William Pitts @william_pitts · 22s 22 seconds ago
    Neumeister: “then he’s stunningly incompetent.”

  46. Michael Kiefer @michaelbkiefer · 50s 50 seconds ago
    Willmott puts up transcript of Mesa PD expert saying he went through the registry and history. Asks how he wouldn’t see it. #JodiArias

    Jen’s Trial Diaries @TrialDiariesJ · 2m 2 minutes ago
    Willmott has the transcript from Det. Melendez She’s going over questions from Mr. Juan #jodiarias #3tvarias

    Jen’s Trial Diaries @TrialDiariesJ · 43s 44 seconds ago
    Bryan- You have to go through the registry or you are stunningly incompetent #jodiarias #3tvarias

  47. Michael Kiefer @michaelbkiefer · 1m 1 minute ago

    Neumeister answers how forensic expert would not see porn on Alexander computer: “He’d have to be incompetent or lying.”

  48. William Pitts @william_pitts · 32s 32 seconds ago

    Wilmott: So if someone testified to lookinng in a registry and finding nothing would tha tbe a red flag to look further? N: Yes. #JodiArias

  49. William Pitts @william_pitts · 53s 54 seconds ago
    Wilmott quoting Det Melendez: Melendez testified he checked for viruses in the registry. Neumeister says that’s not possible. #JodiArias

    William Pitts @william_pitts · 35s 36 seconds ago
    Neumeister: “i donn’t see how that would be possible to miss.” #JodiArias

  50. Jen’s Trial Diaries @TrialDiariesJ · 1m 1 minute ago
    Melendez testified he looked through registry and didn’t see virus’s. That he checked and didn’t see any #jodiarias #3tvarias

    Jen’s Trial Diaries @TrialDiariesJ · 31s 31 seconds ago
    Bryan states it’s impossible it’s there…#jodiarias #3tvarias

  51. William Pitts @william_pitts · 18s 19 seconds ago

    Neumeister says the data they got from Mesa PD is the same size as what Martinez got. #JodiArias

    • Michael Kiefer @michaelbkiefer · 12s 13 seconds ago

      Neumeister says that yesterday he received a copy of the clone the original forensic expert got from Mesa PD and it was the same. #JodiARias

  52. William Pitts @william_pitts · 44s 45 seconds ago
    He says Mesa PD didn’t give HIM or Lonnie Dworkin 55G of data. #JodiArias

    William Pitts @william_pitts · 18s 19 seconds ago
    Neumeister was given Dworkin’s actual drive yesterday to compare. #JodiArias

  53. This is the problem: Juan is not there to discuss the PORN on the computer but to deflect and try to blame some else for deleting and destroying the PORN !!! ARE YOU GETTING ALL THIS, JSS????

  54. William Pitts @william_pitts · 6s 7 seconds ago

    incompetence in the evidence would be a question for appeal…defense has to convince of misconduct for this hearing. #JodiArias

    There was sworn testimony that no porn and no deleted files! Guess what? THAT IS MISCONDUCT!

    • Especially when Jodi said that she caught travis with porn and martinez called her a liar! He told the jury that she was a liar!!!

      • And when she said there was a possible virus on his computer when TA couldn’t view the pics, when he got angry and attacked her sexually, Juan again called her a liar, saying there were no viruses. As a matter of fact, that was Juan’s whole case: she’s a liar so don’t believe anything she tells you on the witness stand (where she has sworn to tell nothing but the truth) so that we don’t actually have to prove that what she tells you is untrue – you can just take that for granted.

      • Yes, whether there was porn on the computer and the state knew or should have known it is a key issue because Martinez harped in his closing on Jodi’s alleged lies about this (which allegedly defamed her victim), arguing from this that she is a liar in general and so her self-defense claims are incredible. If the charge that the state tried to delete porn files holds up, that just makes Martinez’s arguing from Jodi’s alleged lies all the more outrageous, since he knew all along that she was telling the truth, but could not prove it precisely because the state had destroyed the evidence.

  55. HELLO?? This is the exculpatory evidence that was denied to the defense so they could defend Jodi properly in the criminal trial !!

  56. Wild About Trial @WildAboutTrial 2m2 minutes ago
    Clearly Mesa PD needs a new Computer Forensic Expert. Slap an ad on Craigslist & let’s get this show on the road. #jodiarias

  57. Steve Krafft @SKrafftFox10
    So technical in court today, what are chances judge will rule Mesa Police deleted TA’s porn evidence, perhaps take DP off table?

  58. William Pitts @william_pitts · 1m 1 minute ago

    Neumeister: “are you waiting on me?” Yup. Waiting on you… #JodiArias

  59. Michael Kiefer @michaelbkiefer · 22s 22 seconds ago

    Willmott says they will not read the titles of the porn sites but they will list dates. He goes to some accessed June 1, 2008. #JodiArias

  60. William Pitts @william_pitts · 47s 47 seconds ago

    apparently an objection compromise. Neumeister gets to say the dates of pron sites access but not the names. #JodiArias

  61. Jen’s Trial Diaries ‏@TrialDiariesJ
    Huge News!! We will be interviewing Juror #3 that was excused last week in the #jodiarias trial!!! 8pm EST


  62. Michael Kiefer @michaelbkiefer · 2m 2 minutes ago

    The point Willmott wants to make is that these were porn hits that were accessed through direct searches and not through viruses. #JodArias

  63. Michael Kiefer @michaelbkiefer · 28s 29 seconds ago

    Martinez objecting to Willmott asking Neumeister if he works with County Attorney’s Office as expert witness. She has to say law enforcement

  64. Jen’s Trial Diaries @TrialDiariesJ · 37s 37 seconds ago

    Willmott- Are you retained for the Prosecution in cases? Bryan- Yes

  65. William Pitts @william_pitts · 1m 1 minute ago

    Wilmott now asking about Neumeister’s work experience w/law enforcement, military, etc. #JodiArias

  66. Michael Kiefer @michaelbkiefer · 47s 48 seconds ago

    Stephens calls afternoon break. Martinez stands and says he wants exact copy of image. Willmott says he asks for a copy of their original.

    • William Pitts @william_pitts · 1m 1 minute ago

      Martinez is asking for an exact image the drive. Wilmott says they have it. Because it’s the drive in the evidence lockup. #JodiArias

  67. Michael Kiefer @michaelbkiefer · 46s 46 seconds ago
    Stephens asks him to do so. Neumeister again says Martinez doesn’t understand that he is asking for a copy of what State gave the defense.

    Michael Kiefer @michaelbkiefer · 35s 35 seconds ago
    Stephens: “Approach, please.”

  68. Jen’s Trial Diaries @TrialDiariesJ · 2m 2 minutes ago

    Juan- he went twice and made images. I want the exact copy of these images from those 2 occasions Bryan- You have original. #jodiarias

  69. Michael Kiefer retweeted
    Wild About Trial @WildAboutTrial · 1m 1 minute ago

    BN says no disrespect to Juan but he doesn’t understand computers & he’s requesting a picture of a picture of a picture. #jodiarias

  70. JM has already been accused of powering up the computer in the evidence room and getting on it. He is no forensic computer expert. That is misconduct right there!

  71. Jen’s Trial Diaries @TrialDiariesJ · 2m 2 minutes ago

    There is arguing at the sidebar between lawyers! #jodiarias #3tvarias

  72. Michael Kiefer @michaelbkiefer · 41s 41 seconds ago
    Back to the bench for a conference. #JodiArias

    William Pitts @william_pitts · 16s 16 seconds ago
    Martinez questioning about “disclosure issue”. #JodiArias

  73. Michael Kiefer @michaelbkiefer · 54s 55 seconds ago
    Martinez gets to inquire about the image he wants. Neumeister says he examined the drive, not the computer. Twice. #JodiArias

    William Pitts @william_pitts · 36s 37 seconds ago
    Wilmott objects, this is discovery not cross. let Neumeister answer. Judge agrees. #JodiArias

  74. Michael Kiefer @michaelbkiefer · 56s 56 seconds ago
    Willmott objects that this is not cross examination and asks that Neumeister be allowed to answer.

    Michael Kiefer @michaelbkiefer · 1m 1 minute ago
    Neumeister repeats that Martinez doesn’t understand computers and Martinez objects. Martinez asks about process of cloning images.

    William Pitts @william_pitts · 28s 29 seconds ago
    Martinez wants to know how Neumeister made the image of the drive. #JodiArias

  75. Jen’s Trial Diaries @TrialDiariesJ · 44s 44 seconds ago

    Juan says you don’t know what I know about computers & he asked Judge to intervene Judge told Bryan to answer question #jodiarias #3tvarias

  76. William Pitts @william_pitts · 1m 1 minute ago
    There’s a difference (forensically) between an image and a clone. Image is compressed, Neumeister says. #JodiArias

    William Pitts @william_pitts · 25s 26 seconds ago
    Now Martinez asking about the second time he went to make an image. #JodiArias

    Michael Kiefer @michaelbkiefer · 24s 25 seconds ago
    Neumeister won’t say who went with him. Martinez objects. Step by step re write blockers and imaging. N says he used that for work drive

  77. William Pitts @william_pitts · 7s 7 seconds ago
    Neumeister to Martinez: I don’t think you understand the difference between an image, a clone and a raw data recovery. #JodiArias

    Jen’s Trial Diaries @TrialDiariesJ · 1m 1 minute ago
    Juan want Bryan to explain the process of making a clone and what equipment he used #jodiarias #3tvarias

  78. Michael Kiefer @michaelbkiefer · 26s 26 seconds ago

    Martinez again forcing yes/no answer, but Neumeister is allowed to explain the difference between an image, which is compressed and a clone.

    (martinez’s ‘yes or no’ tactics aren’t flying in this case!)

  79. Michael Kiefer @michaelbkiefer · 48s 48 seconds ago

    Neumeister: “You guys have the original, I’m just taking a picture of it.”

  80. Michael Kiefer @michaelbkiefer · 35s 35 seconds ago

    Again, the argument over the image, which Neumeister insists is just a picture of the original. Neumeister: “This is just stalling!”

  81. Jen’s Trial Diaries @TrialDiariesJ · 33s 34 seconds ago

    Bryan is being a computer snob and doesn’t want to explain what encrypted means #jodiarias #3tvarias

  82. Michael Kiefer @michaelbkiefer · 11s 12 seconds ago
    Stephens will order him to make a copy. Neumeister says it’s encrypted. Martinez asks what encrypted means.

    Michael Kiefer @michaelbkiefer · 52s 53 seconds ago
    Neumeister asks to speak to Willmott and Nurmi. Recess.

  83. William Pitts @william_pitts · 33s 33 seconds ago

    Martinez wants Neumeister to provide him with the decryption key for that drive. We take a break for Neumeister to confer with lawyers

  84. William Pitts @william_pitts · 4m 4 minutes ago

    As I understand it…Martinez wants a copy of Neumeister’s copy, which is a compressed file image of the original drive. Everyone got that?

  85. Wild About Trial @WildAboutTrial 59s60 seconds ago
    BN, Willmott, Nurmi return from private meeting and immediately request to approach. #jodiarias

  86. William Pitts @william_pitts · 7s 8 seconds ago

    somethig tells me ordering the guy to turn over his decryption key won’t go over well. Espcailly since it will compromise other cases of his

  87. William Pitts @william_pitts · 9s 10 seconds ago

    whatever’s going on up there, Martinez looks ticked and is shaking his head. Wilmott’s trying to explain something. #JodiArias

  88. William Pitts @william_pitts · 9s 10 seconds ago

    Neumeister, for once, answers yes or no. Mystery man, who can’t be named, encrypted his files. And can unencrypt it. #JodiArias

  89. Michael Kiefer @michaelbkiefer · 51s 52 seconds ago

    Neumeister refers to the image as something the state has had for half a decade. Why does he want another copy? He does. Approach again.

  90. William Pitts @william_pitts · 4m 4 minutes ago

    apparently Martinez will get his data, unencrypted. Wilmott back up on redirect. #JodiArias

  91. Michael Kiefer @michaelbkiefer · 1m 1 minute ago
    Stephens says Willmott can return to redirect examination. Martinez reiterates that he wants unencrypted image. Fragments of conversation.

    Michael Kiefer @michaelbkiefer · 2m 2 minutes ago
    Willmott goes to the SIM cards that were missing from the cell phones. #JodiArias

    Michael Kiefer @michaelbkiefer · 41s 42 seconds ago
    Neumeister said he looked at several cell phones but none had SIM cards. But if Mesa PD was able to reference calls made, they had the cards

  92. William Pitts @william_pitts · 3m 3 minutes ago
    Neumeister asks if he heard Martinez say correctly that Dworkin’s copy was created in 2008. Wilmott says yes. #JodiArias

    William Pitts @william_pitts · 4m 4 minutes ago
    Neumeister asks why all the files on it say they were created in 2009? Wilmott: good question. #JodiArias

  93. Jen’s Trial Diaries @TrialDiariesJ · 34s 35 seconds ago

    Willmott- Did you look at a PC pocket phone, would there have to be a SIM card to make a phone call? Bryan- You need the SIM card #jodiarias

  94. Wild About Trial @WildAboutTrial 3m3 minutes ago
    Willmott back up. June 4 2008 12:14pm a call was made from a phone removed from TA’s home in evidence. Required SIM card. #jodiarias

  95. Dave Erickson @ericksonvision 2m2 minutes ago
    Sherry Stephens is the judge who warned jurors to stay off their BLACKBERRYS… but she’s ruling who’s right w/this tech stuff?

  96. William Pitts @william_pitts · 1m 1 minute ago

    Wilmott was asking about a drive that was reported as “password protected” by Mesa PD. Neumeister says there was no password bc it was blank

  97. William Pitts @william_pitts · 28s 29 seconds ago

    Neumeister steps down. Next up, prosecution’s expert witness. #JodiArias

  98. Michael Kiefer @michaelbkiefer · 53s 53 seconds ago

    There is confusing discussion of a computer drive that had been wiped. Neumeister steps down. Next witness.

  99. Michael Kiefer @michaelbkiefer · 44s 45 seconds ago

    Greg Parzych was part of the original #JodiArias defense team and was present with Maria Schaffer for initial review of computer evidence.

  100. Jen’s Trial Diaries @TrialDiariesJ · 20s 20 seconds ago

    Juan is calling Jodi’s ex lawyer Greg Parzych #jodiarias #3tvarias

  101. Michael Kiefer @michaelbkiefer · 1m 1 minute ago

    Parzych remembers looking at some computers, at least two powered up. He says his memory is vague.

  102. Michael Kiefer @michaelbkiefer · 11s 11 seconds ago

    Parzych recalls looking at photos of vacations and people on the computer.

  103. illiam Pitts @william_pitts · 10s 11 seconds ago
    Parzych is talking about the visit with Maria Shaffer to evidence lockup. #JodiArias

    Jen’s Trial Diaries @TrialDiariesJ · 44s 44 seconds ago
    Greg says property was out and they went through it at Mesa PD. #jodiarias #3tvarias

    Jen’s Trial Diaries @TrialDiariesJ · 2m 2 minutes ago
    Juan- In terms of computers did you look at any Greg- 2 or 3 of them were there. 2 were powered on and a 3 had a problem and wasn’t on

    Jen’s Trial Diaries @TrialDiariesJ · 1m 1 minute ago
    Juan- With a powered up computer what did you do? Greg- We looked at photos #jodiarias #3tvarias

  104. Michael Kiefer @michaelbkiefer · 15s 16 seconds ago
    Parzych: “I’m sorry, this was five and a half years ago.”

    Jen’s Trial Diaries @TrialDiariesJ · 38s 38 seconds ago
    Juan- Maria needed the size of the hard drive do you remember that Greg- It was so long ago but maybe so #jodiarias #3tvarias

    Jen’s Trial Diaries @TrialDiariesJ · 57s 58 seconds ago
    Juan- How long did you look at computer Greg- I really don’t know. We all looked at this stuff together #jodiarias #3tvarias

    Jen’s Trial Diaries @TrialDiariesJ · 32s 33 seconds ago
    Juan- Who was pushing buttons Greg- I don’t remember. It wasn’t a big deal back then #jodiarias #3tvarias

  105. Michael Kiefer @michaelbkiefer · 1m 1 minute ago

    Parzych: “It wasn’t that big of a deal back then, we were just looking at the computer.” Doesn’t recall who pushed the buttons.

  106. Jen’s Trial Diaries @TrialDiariesJ · 10s 10 seconds ago

    Juan- How did you view the pictures who was clicking Greg- I can’t remember #jodiarias #3tvarias

  107. Jen’s Trial Diaries @TrialDiariesJ · 29s 30 seconds ago

    Juan- 2nd computer same thing? Greg- I don’t remember what we viewed #jodiarias #3tvarias

  108. Michael Kiefer @michaelbkiefer · 57s 57 seconds ago

    Martinez is finished with his direct examination of Parzych. Now Willmott. #JodiArias

  109. Jen’s Trial Diaries @TrialDiariesJ · 29s 30 seconds ago

    Willmott- You typically always view evidence right? Greg- Yes #jodiarias #3tvarias

  110. Jen’s Trial Diaries @TrialDiariesJ · 53s 53 seconds ago

    Willmott- Det Flores never put a write blocker on the computer correct? Greg- Not that I knew of #jodiarias #3tvarias

  111. Michael Kiefer @michaelbkiefer · 20s 21 seconds ago

    Willmott going through chronology of the examination of computers. Parzych is unsure of exact times and events.

  112. William Pitts @william_pitts · 30s 31 seconds ago

    Wilmmott asks about computers being turned on. Parzych says Det Flores never told him not to turn them on. #JodiArias

  113. William Pitts @william_pitts · 1m 1 minute ago

    if Martinez has another computer expert to call, we’re talking many more days of this hearing… #JodiArias

  114. Jen’s Trial Diaries @TrialDiariesJ · 12s 13 seconds ago

    Juan- Would you tolerated any police officer etc tolerated anyone telling you how to view the property #jodiarias #3tvarias

    • You’re friggin’ kidding me! So it is now apparently the defense team’s fault because they wouldn’t have tolerated a police officer telling them they should have a write-blocker on it. Geez Louise!

  115. Jen’s Trial Diaries @TrialDiariesJ · 24s 25 seconds ago

    Greg- I would tell them I want to view it how I want or get a court #jodiarias #3tvarias

  116. Michael Kiefer @michaelbkiefer · 40s 40 seconds ago

    Martinez is doing redirect, asking if anything seemed amiss at the time of the evidence viewing. Now Martinez calls Det. Flores to stand.

  117. William Pitts @william_pitts · 41s 41 seconds ago
    Parzych steps down. Questioning was pretty light and stuck to what Schaffer testified to. Next up, Det. Esteban Flores. #JodiArias

    William Pitts @william_pitts · 32s 32 seconds ago
    This will take a long time…

    Jen’s Trial Diaries @TrialDiariesJ · 20s 20 seconds ago
    Juan calls Detective Flores #jodiarias #3tvarias

  118. Michael Kiefer @michaelbkiefer · 40s 41 seconds ago

    Now we will hear Flores’ recollection of the 2008 review of evidence by Schaffer and Parzych. He brought the items from the property room.

  119. Jen’s Trial Diaries @TrialDiariesJ · 1m 1 minute ago

    Flores- The defense wanted to view all the electronic evidence at Mesa PD so I had it pulled for them #jodiarias #3tvarias

  120. Jen’s Trial Diaries @TrialDiariesJ · 14s 15 seconds ago

    Juan has the chain of custody log for TA’s computer #jodiarias #3tvarias

  121. Michael Kiefer @michaelbkiefer · 41s 42 seconds ago

    Wondering how late we will go today in #JodiArias. Will they pick up again tomorrow?

  122. Jen’s Trial Diaries @TrialDiariesJ · 27s 28 seconds ago

    1:56pm computer was checked out. 2pm it was viewed. 4:51pm it was returned #jodiarias #3tvarias

  123. Michael Kiefer @michaelbkiefer · 40s 40 seconds ago

    Computer checked out by Flores at 2 pm and returned at 4:51 pm. he needed a cart and multiple trips to transport. Items sealed in plastic.

  124. Jen’s Trial Diaries @TrialDiariesJ · 13s 14 seconds ago

    Defense team asked Flores to open each item and he got scissors and did that upon request #jodiarias #3tvarias

  125. Jen’s Trial Diaries @TrialDiariesJ · 51s 52 seconds ago

    The Defense asked to open the computer. I thought they had a computer expert with them. I can’t remember who turned on computer #jodiarias

  126. Michael Kiefer @michaelbkiefer · 55s 56 seconds ago
    Flores says that someone from the defense team plugged in the computer and started it up. “I don’t remember seeing them plug it in.”

    Michael Kiefer @michaelbkiefer · 22s 23 seconds ago
    Flores: “I don’t get involved in what they’re doing.” Schaffer said that Flores operated the computers.

  127. Jen’s Trial Diaries @TrialDiariesJ · 1m 1 minute ago

    The defense team or investigator was pushing buttons but I don’t get involved with that #jodiarias #3tvarias

  128. Jen’s Trial Diaries @TrialDiariesJ · 1m 1 minute ago
    I’m there to make sure they don’t leave with the items not give legal advise and I’m not a computer expert. #jodiarias #3tvarias

    Jen’s Trial Diaries @TrialDiariesJ · 32s 32 seconds ago
    Flores- No one asked me permission to turn computer on #jodiarias #3tvarias

  129. Flores you LYING POS!!! Stop sucking up to Martinez and climb out of his asshole while you still have some dignity!

  130. Michael Kiefer @michaelbkiefer · 16s 16 seconds ago
    Flores says he has no idea why the phones would not have SIM cards. Denies he removed them.

    Jen’s Trial Diaries @TrialDiariesJ · 41s 41 seconds ago
    Juan- Were telephone seized in the conditions they are in now……Flores- Yes we didn’t remove SIMS cards #jodiarias #3tvarias

  131. Michael Kiefer @michaelbkiefer · 25s 26 seconds ago

    Evening recess. Willmott did not do cross examination. Nurmi says he filed a sealed motion re 14 witnesses.

  132. Jen’s Trial Diaries @TrialDiariesJ · 44s 44 seconds ago

    We r in recess and defense says they are calling 14 witnesses for their case and just have issues with 3 #jodiarias #3tvarias

  133. Michael Kiefer @michaelbkiefer · 31s 32 seconds ago

    Martinez says he has one more witness who analyzed the clones provided. He needs one-two hours. Nurmi says he has not yet interviewed him.

  134. Jen’s Trial Diaries @TrialDiariesJ · 41s 41 seconds ago

    Juan says he has 2 more hours left for this hearing so they are scheduling it #jodiarias #3tvarias

  135. Michael Kiefer @michaelbkiefer · 8s 9 seconds ago

    Moore arguing about the copied image. Stephens orders defense to provide it. Martinez will have expert review it.

  136. Michael Kiefer @michaelbkiefer · 57s 57 seconds ago

    Nurmi says that the state has not yet turned over notes for its psych expert, Dr. DeMarte.

  137. It 1.37am here and I am off to bed! I have tons of commenting for tomorrow!

    Good night everyone!

    (((TEAM JODI))))

  138. The mere fact that TA’s computer was in the sole possession and control of the state for so many years if anything happens to that computer the state is RESPONSIBLE, PERIOD!! All the tampering with this computer is on the state, NOT the defense. To try to blame the defense for destruction and hiding of exculpatory evidence is insane, ridiculous, ………you fill in the blank. Even if JSS concludes that the state did not purposefully damage/destroy/hid this exculpatory evidence it is still incumbent upon her to grant the DT motion for mistrial/removal of DP due to the fact that Jodi’s constitutional rights to a fair trial have been so obviously violated. If she denies the motion KN and JW need to appeal to higher court immediately either by special action or regular action.

    • Seems it should be clear cut…but NOTHING this judge surprises me anymore. She is as guilty as the prosecution for this trial going in this direction, being such a circus act. It seems her being allowed to rule in this matter is conflict of interest…after all, it is obvious she is pro prosecution and has been since day one.

        • I believe just like Edgar. . .if the Judge is receiving a salary from the taxpayers she should actually be doing her job. She has proved to be incompetent in her abilities as a Judge so she too should lose her job. IMO Why should the Prosecutor or the Judge be paid for incompetence or even worse destroying key evidence to sway the outcome of a trial?

          • She IS incompetent. And she ‘s gone so far with this circus that I think there’s no turning back for her.

            I don’t see her granting the motion. And if she denies it, she knows she will be ridiculed later on from a higher court’s decision. I don’t see her taking the dp off the table either, though UNLESS she and Martinez ”agree”’ that this is the lesser of two evils so to speak.

            Greek saying of the day (describing what Pickles is up against right now) :

            ”In front of me a cliff and behind me a stream”

  139. JSS knows that BN is a trusted and very professional computer expert that regularly testifies for prosecution cases so I hope that all his testimony is making impression on her…It is so obvious that the state’s computer expert was either completely incompetent or lying. You simply could not have missed all the porn even if you tried according to BN. Not using a write blocker like the state should have should also send up alarms to JSS. You have two directly contradicting testimonies now of who handled and pushed buttons on TA’s computer during the time the first defense team was present to review the evidence. Hopefully she is keeping in mind that this is the same Det Flores that for a long time testified that the gun shot was first and then suddenly right before trial started he changed his testimony to the shot being last. I wonder who is committing PERJURY???? I think BN did very well today in explaining all the nonsensical accusations thrown his way today by JM the fact that the copy that BN got from the Mesa PD was and is exactly the same as what JM has and that he used a write blocker before examining the files, etc. And the SIM cards they just magically disappeared? Really? JSS ARE YOU GETTING ALL THIS???

  140. The state is responsible for the care of evidence. Whether by accident or on purpose the information was removed and thus not available for trial. Not only did she not get a fair trial, she could be put to death. The jury made a decision without having benefit of all the info. That is the fault of the prosecution. It is just a red herring to have the banter of accusations go back and forth.

    • Someone mentioned a juror from that trial was present today. I wonder if this information, had it been available, would have had an impact on his/her decision for a guilty verdict…

      • I don’t think with this one. Sounds like she was playing with the family. Could have been one that was thrown out. I just can’t see why anyone would want to come back. The family and the haters didn’t get what they wanted.

        Now we have to have another round with the baby Dr.

        I wonder how many days of court there will be next week.

    • IF and thats a big IF, the evidence was accidentally mishandled/improperly mishandled that would be one thing. BUT there was never ANY disclosure about any accidental deletions or whatever the hell happened. The state NEVER acknowledged it period. It hid it, covered it up, used it to prove Jodi this big liar when they were the liars all along. Melendez, who by the way sounded so inept on the stand, clearly stated under oath the complete opposite of whatever it was that happened. The first and most important instance is when he took the computer out of sleep mode on 6/10/08. The second instance, and remember this is before the defense ever looked at it, he powered it down that same day on 6/10/08. AGAIN this was improper. It just got worse from there when it was rebooted with Frog and Flowers in 2009. How can Flowers sit there and act so fuckin unconcerned and nonchalant about the defense viewing the evidence in his presence? He doesnt know who did what and what did what that day. Lying sack of shit.

  141. I really think JM is in way over his head on this. There is far too much history to look back on for JSS to realize that there is no way that DA Schaeffer would perjure herself on behalf of JA. When JA first was assigned an attorney it was Schaeffer. JA then decided she was going to represent herself and didn’t need a lawyer. When she realized she was in way over her head, she asked for a lawyer and Shaeffer said no citing conflict of interest. JSS then told Nurmi he had to do it. I believe JSS knows full well that Schaeffer will not lie for JA.

    • EVERY single person in AZ who has screamed/typed/talked about how Jodi is guilty and should be given the DP had better STFU and gladly empty their pockets.

      The death penalty doesn’t come cheap, because it is what it is : KILLING someone with the State’s approval. So it will OF COURSE entail some major delays and bureaucratic procedures common people do NOT get. Instead of complaining and bitching about how much money has been spent, maybe they should reconsider their ideas and pro-DP beliefs they hold steadfast to! Oh yes: and maybe just maybe they should STOP supporting the blood lust the Alexanders have so eagerly advocated.

  142. GOOD morning…I just read that juror #3 asked to be released from the jury due to the fact that the retrial was going to go into January. I wonder how many more this will most likely happen again.

    • That doesn’t seem like a good enough reason…either there is more to it than that or she is getting preferential treatment. Jurors are not excused because the case is running longer than expected.

  143. Good morning everyone 🙂 It wouldn’t surprise me if it did happen again – people have lives and being a juror doesn’t pay the bills……..

    • I am so troubled by this case. Here we have a DA and a detective, who is supposed to keep the
      evidence and integrity of the evidence safe so it is not tainted, try to defend himself from his
      incompetence. He is being questioned by a DA who should have recused himself because he
      is just as incompetent.Police depts. employ their own computer experts. Det. Flores should have
      know the proper way to deal with a computer, he doesn t have to be a computer expert.

      I hope the judge addresses this in a positive way, but I have my doubts about that.The police dept. and
      the DA s office does not look good.

      • IMHO I believe that they knew from the beginning that TA’s computer was loaded with child porn and they having many years of experience understood and knew that a write blocker needed to be used. They have their own in house computer expert no doubt. I feel that they tried to hide this evidence and destroy it and hoped it would never come to light. Why? This is the million dollar question. Perhaps they didn’t want to “muddy the waters” with this evidence and cast any bad light on TA? Perhaps they all belong to the same “club” and those that live there will understand this as the same Mormon community? Who knows? But they knew what needed to be done to protect the evidence on that computer and they didn’t do it. They are responsible for the loss/destruction of that evidence and for hiding this exculpatory evidence from the defense team. They are now in a CYA scenario and trying to deflect from the real issue which is that there was child porn and tons of it on this computer and that this exculpatory evidence was not turned over to the defense so that Jodi would receive a fair trial. She did not. The verdict will either be vacated and a new trial ordered, or they may decide depending on how egregious they feel the misconduct of the prosecution was to drop the charges and set her free with time served. We shall see, but have NO DOUBT that the criminal trial verdict will not stand. 🙂

        • My question would be – and if anyone asked Neumeister this, no one tweeted it – if the state is asserting that all those files were deleted by accident, that the irresponsible power-up of the computer on Jun 19, 2009 activated the anti-virus program that started deleting all the virus associated porn files – what about all the other porn, the porn that was deliberately accessed by keystrokes? Was that porn also deleted that day? Did TA’s scrubber software kick on delete those files that day also? Or were they still ON the computer?

          We still have perjury by Melendez – definitely on the virus issue, which Martinez was kind enough to prove with his own motion. The porn issue could be tricker because, technically, the DT tech witness also said there was no porn – although he may have been tricked into it. It was interesting the JM questioned him about the porn: he asked specifically whether Dworkin saw any pictures of women’s breasts on TA’s computer and Dworkin said no, he pursued the question a few other ways, always about topless women, then tossed out a yes or no ‘so you didn’t see any porn on TA’s computer’ and Dworkin responded that he believed he had seen some porn there. Then JM tells him that Dworkin said in deposition that there was no porn, so Dworkin agreed that if that’s what he said then, it must be true.

          • But one important thing to remember about the porn was that, even it was accidentally erased by the scrubbers, viruses or whatever, it would still show in the computers REGISTRY. Which Melendez stated under oath that he had checked and found no porn or viruses. To me, that’s the real proof that should seal the deal for the prosecution and their misconduct.

            • Yah, but they also have Dworkin under oath saying no porn – true he was apparently coerced into saying it, but he still said it.

              The virus thing, though, that’s a definite because Martinez was kind enough to prove it with his motion…. indicating his own collusion in the perjury.

              We’ve always known Flores and Horn lied under oath, but the proof of it was tricky – PROVING that they lied at JM’s behest seems to me to be very difficult, just because JM’s so tricky.

              • You’re right the porno thing and Dworkin’s testimony is tricky. Perhaps they will have him testify soon….But there is no doubt that porno was on that computer from day one when it fell under the control of the state after TA was found. Perhaps Dworkin is not very efficient at what he does?? I don’t know but the porn was there all along and I believe that the state knew it and hid it…

        • And I sure wish someone would have asked Neumeister how or why an AIRLINES would ‘ping’ TA’s computer.

          Might not be important at all, or it might be critical information.

          • IMHO I think that was CASH trying to get into TA’s email accounts when they found out about his death. Possibly in-flight to or from the Cancun trip. I don’t recall off my head the exact dates or timing, but I would bet that is what the airlines ping is related to – and didn’t CASH admit they tried accessing his email accounts?!

            • This is what I’m not clear on, what I don’t know enough about computers to understand. If someone was sending an instant message or an email to TA – seems like it would be the messaging server or the email server that is pinging TA’s computer, right?

              Under what circumstance would a computer receive a direct ping from an airlines, rather some server?

              CASH could have gotten to TA’s mail by way of the internet, they didn’t need to get to TA’s computer.

              I do wonder whether it was that ping from the airlines that might have brought TA’s computer out of sleep mode.

              • When a computer is in sleep mode, an instant message, e-mail, private message or even skype message will not take a computer out of sleep. For a computer to get out of sleep mode you either have to press on the spacebar or move your mouse or click on the mouse or give a quick press on the power button.

                No notifying pinging sounds will be heard if the computer is in sleep mode.

                Generally, to take a computer out of sleep mode it’s done manually by someone that is on that computer and not from someone that is sending a message, e-mail, etc…

                • But what if the ping was a prompt to the computer to DO something? Would it wake up then?

                  BN said the ping from the airlines was the very FIRST action that registered in the data when the computer was awakened that day – how could a ping from an airlines just coincidentally hit that computer in the instant it was awakened?

                  That ping is buggin’ the hell out of me, lol.

                • What was the date again? Wasn’t it before TA’s body was officially discovered?What if someone, perhaps a room mate of TA, accessed the laptop at the request of CASH – who then pinged it while in-flight. That’s the only thing that makes sense to me, but I’m far from an expert on computers.

                • The computer cannot come out of sleep mode except if you (the user) manually do it OR if you have set ‘wake timer’ which I am sure is not the issue in this case because it is very simple to detect: you just go to settings…

                  No pinging from airline updates can wake up the computer.

                  Once the computer is in full function (after it has been powered up or taken out of sleep mode, hibernation) automatic updates can happen (e.g. ant-virus updates that have been set to be done automatically when available) but most of any kind of software updates always ask permission and have to be manually approved to begin.

                • The SW airlines ping came when the computer was taken out of sleep mode on the morning of Jun 10 – the VERY FIRST THING to happen then.

                  Some timestamp confusion (or maybe not) because this happened nearly an hour before the warrant to search or remove anything from the house came through.

                  Under those conditions, that laptop SHOULD have been alone in the house with a corpse (and maybe a dog – no one ever said whether they took Naploleon out of there right away).

                • damn typo elf skipped out again!

                  and I need better glasses – couldn’t figure out why my spell checker was insisting I’d misspelled the dog’s name. extra L in there lol

  144. Good morning Team Jodi. I have been working so much and haven’t gotten to read all the tweets. I am off today. Got my coffee and breakfast, I see I have a lot of reading to do! Thanks Pandora, as always, for putting the tweets on here!

  145. …..And there is no understanding of how their computer forensics guy, Det Melendez, could have possibly missed all the porn – it was the “aircraft carrier in the room” according to BN. It simply is not credible to say that they found no porn on TA’s computer. Not to mention the disappearing/missing SIM cards from the phones. Yeah, they managed to get info on specific phone calls but had no SIM cards, yeah right. No way. Too many “mistakes” being made by the state adds up to a definite pattern of cover up and misconduct. IMHO

      • …the text messages showing the other side of rants, likely proving that Jodi was not escalating those interactions.

        The electronic equipment would have given a much clearer and larger picture of Jodi’s demeanor with TA to the first jury while supporting many things that she testified to on the stand, no doubt. This information most assuredly would have affected expert testimony then and now.

        That this communications evidence was not on the table for the guilt phase is a systemic problem affecting the entire case. The defense struggled with this obvious vacuum all through the guilt phase while having to deal with the spurious reversal of the gunshot, a prosecutorial maneuver that leveraged the state’s position to such an extent that Jodi’s claim of self-defense was rendered virtually moot.

        Rather than electronic information filling the prejudicial vacuum – and with Jodi’s memory deficit being the elephant in the room – we saw instead interrogation videos wherein neither party was telling the full truth, and which were obviously crafted by LE to be shown to a later jury since Jodi had waived her right to an attorney for those interviews. It is no wonder that Nurmi nearly tips over backward in his chair each day as he sits in court on this case.

    • Flores’ reply yesterday was simply not enough. He was not in the least bit convincing, in fact he dodged the question by just saying there were no SIM cards. Whaaaa?
      This wasn’t the Riddle of the Sphinx, a 10 year-old can even tell you his cell phone won’t work if you tke the SIM card out. I’ve heard parent’s of some of my students ”threatening” them with that argument LOL: ”If you don’t study, I’ll take your cell phone away for a week. – I will find it. -I’ll take out the SIM card -Oh, Moooooom!!! No!” 😉

      I am really looking forward to Jennifer’s cross-examination of Fauna on Wednesday.

      • Now that was funny..Humm never thought about that one. Sure you can have your phone back..knock yourself out….hehehe…

        I honestly don’t think he’s going to take the fall for all of this…..let’s faces it hehas already demoted…and has that book deal…what’s he got to lose???

  146. I looked into how many times Arizona judges/ attys have been charged with misconduct. It seems there have been MANY cases but few have been found guilty. This I

    • Sorry…continued from above…This is not the only time JM has been in this position (far from it) and it seems that he has gotten away with it before…so…I won’t be surprised if this will be the same ole same ole. I would like to hang onto that smidgen of hope but the odds are against us on this. 🙁

      • Here’s the thing about people who get away with sh*t, though –

        The get bold, they get lazy, they get a little fuzzy about where the lines are. Sooner or later they always go too far and they GO DOWN!


          I want to talk about the 10th. Someone in that house woke the computer up. No one said what time of day it was or I missed it. I’m going to say detective screw up..He could have gone back into the house and no one would.question it. When did the roommates get back in to get their stuff out???

          • The laptop was awakened at nine something in the morning, about an hour before the warrant came through – IF the laptop had the correct time setting on it (those damn timezones/timestamps again)

            Police had the house sealed for a few days – I wanna say 4? But maybe as many as 6, don’t remember for sure. No one ever said whether the room-mates were allowed to retrieve any personal items during the interim.

  147. Hi everyone! Happy Friday. 🙂

    Ok, here are my observations and questions from yesterday’s hearing:

    1. When did the DT go to the Police Dept to see the evidence? Date-wise. It seems that the computer was accessed more than once since it was taken from travis’s house. And during each access changes were made with the data.

    2. During the first trial, State and State witnesses testified UNDER OATH that there was NO porn on the computer. Juan called Jodi a liar when she testified that she caught travis looking at porn (CHILD PORN) on several occasions. Isn’t all that PERJURY and PROSECUTORIAL MISCONDUCT ????

    3. Is martinez going to take the stand? This is what I understood when reading the following tweet:
    William Pitts @william_pitts
    Worth noting a few minutes ago Martinez said he would “challenge Neumeister when he’s on the witness stand.

    Does martinez actually believe that he is smarter and a master with computer tech stuff than a +30 yrs of experience COMPUTER FORENSICS EXPERT is??? This is going to be gold! Can’t wait to see that! LMFAO!!!

    4. Did Nurmi say he has 14 more witnesses? Does he mean in general (both trial and hearing) or 14 witnesses for this hearing. WOW!!!

    5. Wonder if the haters have started their well known tactics of harassing and threatening Bryan Neumeister yet. It’s a matter of time.

    6. Why is the frog going to call DeMarte on the stand? She is one of his most clueless witnesses.

    7. Finally, the more the frog tries to weasel out of this EVIDENCE TAMPERING AND DESTRUCTION the more he is making it worse for himself. Besides Jodi’s case, if he finally gets what he deserves: DISBARRED, I think many others will finally feel vindicated after the prosecutorial misconduct that he has done in their cases!

    8. I truly think that it’s gonna be really hard for JSS and the Higher Courts to turn a blind eye to what Prosecution has done: PERJURY, MISCONDUCT, TAMPERING & DESTRUCTION OF EVIDENCE.

    • If that little sh*t does take the stand, I hope that either JW or KN drill his ass with “Do you have a problem with your memory” or “YES” or “NO”. And scream it at him the entire time. Frazzle that little pr*ck!

    • When he was accusing BN of using an incinerator in Oct these are the tweets. For this accusation it seems he has his own expert.

      William Pitts ‏@william_pitts • 4m4 minutes ago
      Martinez says he has a witness that will testify that Neumeister purposely hid the records of what he allegedly did. #JodiArias
      Michael Kiefer ‏@michaelbkiefer • 4m4 minutes ago
      Neumeister: “You’re absolutely lying…..This is prosecutorial misconduct.” Martinez” “Somebody is going to testify to this.”
      Jen’s Trial Diaries ‏@TrialDiariesJ • 4m4 minutes ago
      Juan- I have someone that’s going to testify to this so do you want to call them a liar?!!

  148. 1. Answer

    William Pitts ‏@william_pitts • 3m3 minutes ago
    Schaffer says she went to Mesa PD June 19, 2009 to view evidence in the case, as is standard when defending a suspect. #JodiaArias

  149. 1. June 19, 2009
    2. Our dear and sorely missed Al told us, way back when, that the perjury itself – even by state’s witnesses = isn’t necessarily prosecutorial misconduct. The jurors are the finders of fact, and they can choose to believe or disbelieve any witness. There’s even a section in the jury instruction that stipulates that they are not obligated to give more weight to the testimony of members of law enforcement, they should weigh the validity just as they would with any other witness. Only when it can be PROVEN that the state’s witnesses perjured themselves AT THE BEHEST of the prosecutor do you have grounds for reversal due to prosecutorial misconduct.
    3. *I* thought – from other tweets but I can’t say whose – that JM was talking about his own expert who would take the stand and challenge BN’s testimony.
    4. Pretty sure the 14 witnesses are for the trial – DT has already ‘rested’ in this hearing on the motion, because JM started calling his own witnesses yesterday.
    5. Probably
    6. JM’s criteria for witnesses is that they have to be stupid and/or easily manipulated – otherwise he can’t get away with his crap. The only witnesses he put up in the trial proper, that didn’t fit that criteria, were Connor and Perry…. they would not be led or forced or coerced into saying what was not true.
    7. From your lips…
    8. See 7

    • Re 2: I’m not so sure what you say Al said is correct. Al’s thesis is contradicted by Nurmi’s original motion about the deleted files (posted on JAII 11/11). Section II.A.1, “Any misdeeds performed by the Mesa Police Department are attributable to the State,” cites both state and federal case law saying that all agents of the state are equally covered by the duty to disclose exculpatory information — not to mention the duty not to deliberately destroy it, which Nurmi says is clear prosecutorial misconduct (p. 7). The next section, II.A.2, cites further relevant precedents, and also discusses how the evidence could be used to impeach state witnesses such as Flores (p. 9). And whether or not police misbehavior must be known to the prosecutor to be called prosecutorial misconduct seems irrelevant anyway. If, for example, Flores or Horn perjured themselves on any material fact that might have affected the jury verdict, I can’t believe that’s not grounds for overturning the conviction anywhere. But I don’t want to take time to research any of these questions.

      I expect Martinez to continue to argue that the file-destruction issue is not timely until retrial is over. Then I expect him to argue that the missing porn is not, in fact, exculpatory and so its absence did not affect the validity of the verdict. I *don’t* expect him to argue that since he personally had no knowledge of it, therefore it’s irrelevant, unless Nurmi’s made a bad legal mistake in the motion.

      Finally, more or less baseless guesses by me: JSS will let the retrial finish; the jury will not be unanimous for death, at which point death is off the table and JSS doesn’t have to rule on the porn-file motion in that regard; she will then find a way to punt the murder-conviction’s validity to an appellate court. But JM’s promised rebuttal tech expert is a wild card. I’m assuming Neumeister’s findings are rock-solid; if not, I can’t even guess what will happen.

      • PS: If anyone want to read about what all the state duty to disclose exculpatory information covers, look up “Brady violation” in Wikipedia and download the third reference in the bibliography. It’s called “Brady v. Maryland Outline,” by the DC public defender’s office.

      • Ah, but isn’t there a distinction between “perjury” and any destruction or concealment of evidence?

        I was speaking strictly of the perjury – harking back to Flores and Horn and what Al was able to unearth at the time. And I know the bit about the jury instruction regarding veracity of law enforcement officers is true.

        I don’t think the perjury – in and of itself – can be attributed to the prosecutor unless it can be proven that he solicited it.

        • Also, what Pandora was talking about was perjury *as to the presence of porn on the computer.* Assuming the porn is somehow material to the defense, such perjury is a clear Brady violation which, according to Nurmi’s citations, is attributable to the state and constitutes prosecutorial misconduct. So I think Pandora is right.

        • Since my previous reply hasn’t returned, here’s a replacement. Sure, there is a difference between perjury and suppression or destruction of evidence. My belief is that both are grounds for appeal. However, what Pandora was talking about was perjury about the existence of evidence, which according to Nurmi’s motion is certainly prosecutorial misconduct even if done by cops.

          As for other perjury, such as by Horn or Flores, my bet is that it is also grounds for appeal even if it can’t be called prosecutorial misconduct. However, I haven’t researched this. You are right about the jury instruction on witnesses in law enforcement, but it doesn’t say or imply that perjury by state witnesses about material facts isn’t an appealable issue – only that their testimony should be given no more or less weight because of their official position.

          • Oh, yes, I’m pretty sure proven perjury would be grounds for appeal – would almost fall under ‘new facts’ I imagine.

            Whether or not perjury of state witnesses, even LE, constitutes prosecutorial misconduct is another matter. Yes, make sense if the perjury is actually a part of a Brady violation then it would fall on the prosecutor – just not sure it’s true. Because the courts seem to give prosecutors a whole lot of leeway.

            • OK, then we don’t disagree. My point is that it doesn’t matter whether or not perjury by Horn or Flores is called “prosecutorial misconduct.” If material, it’s grounds for overturning a conviction. And perjury by cops specifically about the existence of material evidence is, in fact, prosecutorial misconduct under Brady, according to Nurmi’s motion and the few sources I’ve looked at.

              Incidentally, the 9th Circuit reversed a conviction in 2011 just because a jailhouse snitch was held to be obviously unreliable. That case should support reversal for lies by Horn or Flores even more strongly.

              • Oh, yeah – I firmly believe there’s plenty of wrongdoing here to get a reversal on appeal.

                I just really wanna see JM go down too – and I sorta gathered that’s what Pandora was asking, but maybe I was wrong. (I don’t seem to be hitting on all cylinders today). We don’t just want to see JM go down because we hate him, either. If Jodi’s case gets kicked back for retrial (as opposed to dismissed with prejudice), and JM’s still around, he’ll be in the driver’s seat and we’ll just have circus redux.

                • Good point. I wasn’t thinking about that.

                  Another of my guesses: if Jodi’s conviction is overturned, the county will try hard to make a deal. I base that just on hearing from several people that there is now a lot of local outrage about the cost of the trials.

                  If the conviction were thrown out and the state then tried to get something like the deal Jodi earlier offered, what would she do? Accept many years of further wrongful imprisonment, or roll the dice and risk a much worse outcome again? Would I ever not want to face that decision.

                • I *think* the deal Jodi offered was shooting for the lower end of M2, so something like 15 years. And I’m sure were looking at at least a couple more years before there’s any kind of reversal, so if they offer her 15 when she’s already served 8 or 9 – well, let’s just say *I* would take it rather than go up against that lunatic midget again. I mean, if she insists on retrial she’d probably wait at least another two for that.

                • Yes, but if I were Jodi, I’d put a very high value on the chance of getting out in time to have babies. That’s what I want for her: not to lose forever her entire hope of motherhood to AZ persecution.

      • Great insight – I agree. JM can argue that the porn is not exculpatory but it is up to the jury to judge the facts and decide what weight it should be given. And this is the problem, they were never shown this evidence as it was not turned over by prosecution which is a clear violation of Jodi’s constitutional rights. This case will be overturned IMO. I agree with your guesses although I really would hope that JSS would act on the DT motion of mistrial/DP off. And as far as JM’s promised rebuttal witness to BN we’ll just have to wait and see. I think he is bluffing or worse as I do think BN’s work is rock-solid.

        • Could be, based on what we’ve seen, that JM doesn’t fully understand what his own expert told him. He may think he’s got a rock solid challenge for BN’s testimony and be totally wrong.

          That would be fun, wouldn’t it?

  150. Jen’s Trial Diaries ‏@TrialDiariesJ • 3m3 minutes ago
    Bryan says the first thing the computer did was ping Southwest Airlines #jodiarias #3tvarias
    Wild About Trial ‏@WildAboutTrial • 4m4 minutes ago
    B explains that it was Win XP and it had internet going to it and it pinged southwest airlines. #JodiArias

    I am guessing that TA did a fair amount of flying. Couldn’t it be something like this app for discount fares or something similar?

    • Oh, I think you may be on to the right path here CanadaCarol. This sounds pretty logical to me. I’m totally confused about it at this point. 🙂

  151. Has anyone watched the youtube video
    “Michael Kiefer about Prosecutorial Misconduct Does Juan Martinez fit in that category” posted by Felicity Smoak?
    It is probably already been a topic of discussion and there is probably a link to it already on this page. Sorry if I am behind the times. I found it interesting.

  152. I’m sticking to what I said. You have to physically wake it up. You could get into your email as you know from another location. Even if CH.was able to get into his email I do not think he could get into anything else.

    Have you ever had to call a IT Tec and they remotely took over your computer. You have to do a few things before they can get in.

    I just thought of a hypothetical? Now what if the dog knocked it and awoken it??? Computers.have come a long way in the past 6 years.

    • How about some lead detective that had been at the house since the night before, sat down at TA’s desk and turned on the computer, whether accidentally or on purpose and the computer sent the ping out to the airline like mine loads weather or whatever?

      • Most likely scenario, IMHO. The timing leads one to infer it was someone IN CHARGE OF THE SCENE and with access to the laptop that turned it on. As to the Southwest ping, anything is possible. I’m not convinced the airline ping has any real significance, but the fact the laptop was even touched at that point is suspect.

        • I put in the word “accidentally” just to be nice. There would be nothing accidental about it IMHO. Maybe he got a call from someone who made him very curious, curious enough to turn it on.

          • I don’t think it was turned off. It was in sleep mode. Big differences. As Pandora stated above the different was to wake a pc up. Who ever sat in front of that computer didn’t need a pass would to get into it. Then it was a “hard” turn off. I think who ever was on it had to shut it off fast.
            Maybe it was detective dumbbell or someone else.

            I’m not to intelligent when it comes to computers but what I do know I do know from personal experience and having it drilled into my brain.

      • I think the house was supposed to be empty until they had a warrant, not supposed to touch anything after confirming the presence of the body. They would have been standing guard outside the house.

        • Operative word here being SUPPOSED to be empty. Perhaps we have just one more hint of misconduct on the part of Flores and Mesa PD. One thing we all seem to agree on is that someone had to physically turn the computer on. It HAD to be someone who could have done that incognito – or so they thought. A computer expert would have or should have known better, but not Flores or a police officer maybe. The timing points to Mesa PD and further misconduct. Yes??

        • The only testimony I heard was that Flores did not leave between first call out and obtaining search warrant. From what I have seen and learned about Flores I cannot imagine him spending the night outside. Sorry, I just don’t buy it for a sec.

          • I *suspect* his use of “we” when he said that referred to him or some member of his team, because his report suggests that all of the friends were being interviewed at Mesa PD during the wee hours also.

          • This is like putting a puzzle together. Apparently there was a time zone issue and the computer awakened at 10:27 on the 10th. The search warrant was executed @ 09:53 hours.

            Jen’s Trial Diaries ‏@TrialDiariesJ • 4m4 minutes ago
            Juan- You testified it was at 9:27am the computer was brought out of sleep mode correct?
            Bryan is having time zone issues #jodiarias

            Wild About Trial ‏@WildAboutTrial • 3m3 minutes ago
            Juan is going over when the laptop was brought out of sleep mode. Neu said 9:27 earlier, he is relying on what was on the cpu #JodiArias

            Jen’s Trial Diaries ‏@TrialDiariesJ • 3m3 minutes ago
            Juan- so when you testified you made a mistake Bryan- Could be #jodiarias #3tvarias
            Mdee ‏@EmsterD70 • 4m4 minutes ago

            Computer was brought out of sleep mode on 6-10-08 at 10:27 am but expert said he testified it was 9:27. #jodiarias

            • And when the computer was turned on, it automatically sought out porn because of this virus. So hello, whoever turned it on would know.

              Jen’s Trial Diaries ‏@TrialDiariesJ • 3m3 minutes ago
              Juan- According to you Travis was looking at porn on June 10, 2008 Bryan- Some sites were accessed #jodiarias #3tvarias

              William Pitts ‏@william_pitts • 4m4 minutes ago
              Martinez: you found someone was looking at porn on June 10th 2008? N: No. #JodiArias

              Wild About Trial ‏@WildAboutTrial • 4m4 minutes ago
              Neu explains that certain programs access porn sites the minute the cpu is powered up. #JodiArias

              William Pitts ‏@william_pitts • 4m4 minutes ago
              Neumeister tries to explain that it was a virus already there trying to connect with parent porn sites. #JodiArias

              Michael Kiefer ‏@michaelbkiefer • 3m3 minutes ago
              Neumeister said it did not matter who turned on the computer, the virus would make the computer go to porn sites.

              Jen’s Trial Diaries ‏@TrialDiariesJ • 3m3 minutes ago
              Juan- Can’t you tell if someone is looking at Porn or not? Bryan- When it’s turned on it pinged the porn #jodiarias #3tvarias

              William Pitts ‏@william_pitts • 4m4 minutes ago
              Martinez: And you’re saying Zlob is a porn site, right? N: No, it’s a virus. M: Right. #JodiArias

              William Pitts ‏@william_pitts • 4m4 minutes ago
              Neumeister says ZLob is a virus that you get from porn sites in the first place. #JodiArias

              Jen’s Trial Diaries ‏@TrialDiariesJ • 4m4 minutes ago
              Juan- So you mentioned a virus firing up when turned on correct? Bryan- Yes and it directs to porn sites #jodiarias #3tvarias

            • Bryan says he is going by the CPU, which shows 9:27am for the wake up.

              the computer had gone from Mountain Time to (an erroneous and non-existent) AZ daylight savings time, then 9:27am would have reflected a forward-in-time reading. And IF that were the case, the actual time in AZ would have been 8:27am, (the same time as CA, since CA does have daylight savings time which moves one hour forward to meet up with a non-changing AZ Mountain Time).

              If the computer had been originally set to CA time and went ahead one hour for daylight savings, then it would have been accurate for AZ. (CA daylight savings = Mountain Time.)

              But it might not ever have been set to CA time in Mesa, and it might not ever have moved ahead into (a false) daylight savings time from Mountain Time in error.

              This time issue also revisits the question of Jodi’s arrival time at TA’s on June 4 2008. She has testified that she arrived at 3:00am, but 4am or after is what the prosecution alleges. They were going by what TA was viewing on his computer – that she was able to verify – when she arrived in his downstairs office.

              Jodi would have been on CA time, (all too aware of it after so many hours behind the wheel). She had already lived in AZ and spent many hours talking to TA late at night from CA. She would have known that the time zones matched at that time of year. I would guess that she did not look at her cellphone upon arrival, since the safer she felt (having left the open desert) the less likely she would have been to use it and run down the battery. She could have been listening to the radio, or been checking the car clock, getting to Mesa by 3:00am if she’d left Pasadena around 9:00pm.

              • ha! yep! spring forward, fall back – lord I think I must be in need of some brain food.

                So the time setting on TA’s computer is just an hour off in the wrong direction for any reasonable explanation, is that your conclusion?

                • Check out Jen Diary’s tweets yesterday (morning) about the “accessing” of the Spy Bot (the back and forth between JM and Bryan includes a tweet about when it was first downloaded) – Juan seems to claim that it turns out to have been accessed an hour EARLIER than what Bryan states. Tweets are so sketchy, ugh!

                • ok wait – we all know Juan is confused, lol, and Jen spent the morning tweeting about mortified files. And then at one point, the confused prosecutor asked the tech expert to subtract 18.3 from 55, and when the tech expert pulled up his little windows calculator to do the math, JM said it was 37.6 and BN agreed and I’d sat here and done the math in my head to come up with 36.7 (my brain was working better yesterday I guess).

                  Tweets are sketchy indeed!

                • Any chance that all of JM’s wacky time zone theory is to cover for someone messing with the laptop while the house was supposed to be sealed?

                  no wait, that messes up the contradiction between Jodi and the youtube videos.

                • Have no idea why JM is suddenly questioning the time of the computer. It certainly brought to mind the (previously discussed) disparity between what Jodi said about the time of her arrival and what the prosecution said about the time of the video TA had been watching when she said she walked in.

            • Maybe,Flores needs to be asked on the stand, Where was he+ and other officers,and All 7 people who called 911-
              Hmmmm >>>>> I think Flores and his family, knew TA, from Lisa A, and LDS local community.
              His daughter sang a song for TA–>> Hope You Fly..( on utube)
              Det. Flores daughter?? In 2013??? And his wife and Twitter??
              Puzzle is coming together…. And we aren’t ignorant, the Oath they take seriously,is not to US justice system. They have their own unique system.
              FREE JODI!!

              • At one point during early interviews with Jodi (I believe by phone) EF said to her that he “almost didn’t recognize him” when he saw TA slumped in the shower June 9, 2008.

          • That’s the info I wanted. Thanks. You are right he wouldn’t be outside all night. Hey you can’t leave the premises so what do you do if you need to go potty?? I would love to get a hold of the SIM card in his phone that night….

        • Journee are we sure someone was standing outside?? For how many hours???

          I think it was Jodi with all her magic powers. You know she is the one whoddownloaded all the porn? You also know that the disk that TA tried to open was full of viruses and pornographic material. She had his passwordso she could do all of it. LOL. Crazy

          • I just re-checked Flores report –

            He says that he exited the house shortly after viewing the body to wait for the warrant, and made sure that at least one officer would be stationed in front of the house for security. (security details probably have at least two people, because nature does call!)

            Flores also says that HE was interviewing Mimi Hall at Mesa PD at 2:30 in the morning of the 10th.

              • I think his words were ‘we were there all night’ – but my memory doesn’t seem to be serving me too well today, lol.

                Conner later testified that ‘we were there for (x) days” (I’m not remembering how many days right now either, lol)

                I think what Flores said and what Conner said meant that there was a constant police presence at the house until they finished processing the scene, not that neither one of them ever left that house for however many days it was.

                • I recall EF stating that he never left the house the night of the 9th – stayed into the morning of the 10th. Could have been in his car, at the curb, talking to neighbors…generally trying to control the scene.

            • He interviewed Zack @ 3:50

              Enrique, Michelle and Dalin were all there at Mesa PD too, in the wee hours, being interviewed by other officers under Flores’ direction.

                • I’ll take your word for it if he says “I” rather than we – like I said I’m not trusting my memory today.

                  But I am looking right at the Flores report and he says he arranged to have Travis’ friends at the scene (looking again, Enrique isn’t on the list but Zack’s girlfriend is, along with Brint Hiatt) transported to Mesa PD for official statements. He says he began taking Mimi’s statement at 2:30 and Zack’s at 3:50. So if he testified that he was at the house all night we have another example of where his testimony directly contradicts his written report.

              • I find the wording of his report ambiguous – not his testimony. In his report he states “Marie had spoken to officers at the scene and told them ….” .

                Then he states “I received information from Travis’ friends at the scene that Jodi Arias had called them and wanted to know what was going on. She had also mentioned she wanted to talk to investigating Officers.” The fact that Jodi wanted to talk to him was testified during this testimony about not leaving.

                He is not completely clear in his wording about who went to the station. That is where he uses the “we”. His testimony was straightforward.

                I wonder what time Jodi called the friends. It must have been pretty close to the time of Mimi’s interview at 2:30 wouldn’t it?

  153. Could the defense team question the testimony elicited by the prosecution that was found by them on the cell phones?
    The SIM cards are missing from the collected phones. The prosecution presented evidence from the missing SIM cards at trial. Now that testimony cannot be verified

    • I think the defense actually relied more heavily on that cell phone/text message evidence than the prosecution did. If they challenge the state on the phone data they’d be shooting their own case down, I think.

        • I think it’s just as likely to be caused by someone being sloppy as it is someone being deceptive.

          There was a lot of sparring during trial about it taking so long for the DT to get copies of the text messages, Mesa PD (Melendez) saying they didn’t have the technology to retrieve the text messages from the devices and when JW pressed him about couldn’t they have taken photos of the messages he gave a smartass answer ‘maybe if I didn’t have nothin’ else to do for eight months’. At some point the technology came along and they were able to get all of those text messages. My guess is that the cards those messages got taken from were separated from those phones to get that job done, and didn’t get put back where they belonged afterwards.

          We all screw up, all the time. One of the guys working with BN sent the wrong hard drive back to the state, and JM flipped his lid. Just a mistake.

          • You are being very charitable tonight..But it’s true we are all human and we do make mistakessssssss. LOL. But there seems to be a few too many mistakes made by the Mesa police department.

              • In NC, when something (anything) is put into evidence it becomes the property of the Court and is held in the Court’s safe keeping.
                (Does anyone know what the Arizona rules are concerning preservation of non-biological evidence? Every state may have different rules, which seems weird to me.)
                All the objections that are made during trial are for the defense or prosecution effort to make a case to the Appellate Court.
                The Appellate Court must have the evidence available in order to form their opinion.
                If information from the SIM cards was used to provide evidence (either by the defense or prosecution), and now is no longer in existence, the Appellate Court cannot render an opinion on a key piece of evidence, whether it supports the defense or the prosecution.
                Likewise, if the evidence no longer exists, Judge Stevens cannot use it to make her decision on the Defense Motion to Dismiss.
                The loss of evidence used in a trial is a very serious event, since it compromises the defendant’s ability to argue their case in the present or at the Appellate level.
                Whether it is the fault of the court or the prosecutor, whoever is responsible for the loss doesn’t make any difference. The defense has been damaged in either scenario.

      • Seems to me that what the defense mostly relied upon phone-wise was that Helio phone (given Jodi by Gus). It had the recordings of the phone sex and some text rants from TA also – was the one found in 2010 in Grandpa’s truck. These other three phones – two of them probably TA’s – would be the ones missing cards. JA would have had the third, (which replaced the Helio when it went missing) with her on the trip. So I don’t think a missing card is an issue with that Helio phone, but it is only a guess.

        In this hearing Thursday, Dec. 4th, Willmott cited the noontime call in the records of TA’s cellphone for June 4th, 2008. She said that a SIM card would have been needed to retrieve that call, (it’s mentioned in the Flores Report) proving that the card had existed at one point. But there was ALSO that message from Jodi on one of his phones saying that she’d become lost, (when she was still in AZ), and it was played in court. She would have made that call from one of those three phones now missing cards.

        • DT – ALV in particular – used text messages well back into 2007, predating the Helio.

          The message Jodi left for Travis would have been stored on voicemail thru his cell provider. Cell providers would also have had a record of any phone calls, tho I do remember PIO’s observation about Travis’ last phone call coming directly from looking at Travis’ phone.

          We never did hear anything at all about calls on Travis’ land line, did we? Still curious about that conference call Enrique thought he observed.

          • Journee, Don’t recall any testimony about a land line at Travis’s, except that it was mentioned here that he had one.

            I thought that Enrique heard that there was a conference call scheduled for later in the day, because he saw TA on the phone (earlier in the day) planning it. The conference call was scheduled for seven pm; would have been the last incoming call according to EF’s report.

            Missing cellphone cards, no land line records, no roommate testimony (in spite of Z and E’s observations that furniture was mysteriously moved in the living room), damaged cameras, damaged hard drive on Jodi’s computer, TA’s computer files discovery in a shambles, no forensic investigation of the rental car, a long fight to even get emails and IMs into evidence, a last-minute reinterpretation of the crime scene evidence and autopsy findings, a mysterious shoeprint in the bathroom…mitigation witnesses too fearful to testify in the first sentencing phase – a MOUNTAIN of evidence against Jodi – no, don’t think so.

            • I “think” – cannot be positive, but I’m pretty sure that trial is the only time I heard the Jodi/Flores phone calls and I think that’s where the landline info came from – that it’s actually in ‘recorded testimony’ Jodi telling Flores that Travis had a landline.

              Flores report says Enrique saw Travis briefly on the morning of Jun 4, 6:30ish IIRC, and Travis telling him that he’d only had about 45 minutes of sleep and also telling him he had a conference call scheduled for that evening. And then Enrique says the LAST time he saw Travis was shortly after he got home from work that same evening of Jun 4 – he said he got home between 6 and 6:30 – seems like it was Travis coming down the stairs, talking on the phone (I tend to have kind of a visual memory for details, even if they’re given in writing, lol) and going into his office – Enrique assuming at that point that Travis was on the conference call he’d mentioned that morning. Flores even mentions in his report that Enrique seemed very confused when told it was believed that Travis had died around 5:30 on Jun 4. I’ve always put a lot of weight on what Enrique said about Jun 4, because his mind had specifically linked the morning conversation with what he saw that evening. And even CASH confirms that Travis was supposed to host a conference call that evening – they say that mid-day phone call was to confirm that he was doing the conference call. So I kinda want to know what the landline records show for Jun 4. Conference call, if Travis was hosting, I assume would be an outgoing call? Or no?

              • This is something I do know about. I always had conferences calls for my staff. Company’s have 800 # set up and you have to call in and have a pass code to get into the conversation. He wouldn’t necessarily need a landline. But I think he might have had a landline for internet back then. No Wireless.

                So it would seem that someone is mistaken..I want to know how Det.F knew what time TA died. Oh wait it’s the pic. the leg shot.

                Journee I would almost.state my life on your memory.

                • The landline info comes from Jodi, for sure – just not positive whether it was via phone call with Flores or interrogation, really think it was phone call though.

                  If Enrique DID see Travis talking on the phone that evening, and IF it is true that the cell phone shows no calls after after that mid-day chat with Hughes, then Travis would have to have been using the landline or some unknown other phone.

                  I threw the photographs and their questionable timestamps out ages ago, because the card they were on wouldn’t have fit Travis’ camera.

              • Journee, Cindy, Jodi saying something about TA having a land line does ring a bell now, because I remember thinking, “…so he did” at one point, and it would have had to come from Jodi herself to have the “aha” moment, because who else would have mentioned it? (Just reading about it here wouldn’t have been enough.) I agree that the phone interviews would be a good place to check.

                As far as TA hosting the call – seems to me he could have hosted it without generating it from his own phone (by calling anyone in the loop personally) since it looks like everyone involved in that type of call simply uses a code once they’re on a conference-call designated 800# as Cindy described. So he would have been able to use a wireless phone for that, too. And it also makes sense that he would have originally needed a land line for the computer and then kept it even if he didn’t technically need it later, just to have the hard-wired phone as a responsible business person.

                Re: Enrique, yes I remember he said he saw TA Wed. when he came home from work, but here’s the thing about Z and E’s memories from my viewpoint: If they can’t remember exactly when they last saw him, or when they last did laundry, it is not unusual to be sketchy about that sort of thing, and even sketchier if there’s been a shock. But the furniture being moved…they both refer to having seen it. Neither one said they did it, and apparently neither did their girlfriends.

                • I just thought about something…Travis most likely had a fax machine. Would have needed a landline.

                  Not much was said about the furniture being moved on the floor scrubber being out……..was the carpet wet??

                • It was a tile floor in that living room. In the Flores Report, scroll down until you see the roommates’ names as headings. Then you can see that Thursday, E says the door is locked for the first time and furniture is moved…the floor cleaner is now assembled; it hadn’t been before. There is a Z section in the report also.

                • Yah – but it was Enrique’s specific memories about the conference call that made that all coalesce for me. I know how sketchy anyone’s memory can be about what may or may not have happened on any given day of the last week or so. But that conference call was a very specific thing, connected to a very specific day.

                  Realizing that Travis could have used any phone for the conference call – if he was alive to make the call that Enrique believed he witnessed, and it doesn’t show up on his cell records ???

                • We are told that a call came in to his cellphone at seven pm, and he probably should have been on the conference call by that time, calling in early. I don’t recall seeing that phone (seven pm call) record in court – good point.

                  I’ve always wondered about a land line, and lately came to wonder about a second cellphone. There is so much verification that could have been done with these electronic items; what else they could have offered to either side is anyone’s guess. I don’t see how the judge could let the DT languish without this data for so many years and still consider the trial to be fair. The lack of evidence for whatever reason – error (such as you suggest might have happened with the SIM cards) or because of deliberate gamesmanship – is proving to be a systemic problem because it presents an inestimable hazard. A question of whether this lack interfered with any specific exculpatory evidence at this point is not sufficient to address the magnitude of the error that has occurred IMO. Btw, In referring to a “systemic problem”, I am not suggesting that you would have a differing opinion.

  154. The following I found to be a very clear description of what Jodi and the rest of us have been dealing: Adult Bullying. Note the description of the Secondary Adult Bully…a lot of our folks (probably even on the first jury) may not normally be bullies in their everyday life but can easily be turned into sheeple when faced with the danger of themselves becoming a victim.

    And note how many of the following folks you will find yourself thinking about as you read each description:

    – Juan
    – Travis
    – Travis’ family
    – Social media
    – Mass media.

    Adult Bullying

    You may not hear a lot about adult bullying, but it is a problem. Read this article to learn more about different types of adult bullies and get some ideas on how to deal with an adult bully. Adult bullying is a serious problem and may require legal action.

    One would think that as people mature and progress through life, that they would stop behaviors of their youth. Unfortunately, this is not always the case. Sadly, adults can be bullies, just as children and teenagers can be bullies. While adults are more likely to use verbal bullying as opposed to physical bullying, the fact of the matter is that adult bullying exists. The goal of an adult bully is to gain power over another person, and make himself or herself the dominant adult. They try to humiliate victims, and “show them who is boss.”

    There are several different types of adult bullies, and it helps to know how they operate:

    Narcissistic Adult Bully: This type of adult bully is self-centered and does not share empathy with others. Additionally, there is little anxiety about consequences. He or she seems to feel good about him or herself, but in reality has a brittle narcissism that requires putting others down.

    Impulsive Adult Bully: Adult bullies in this category are more spontaneous and plan their bullying out less. Even if consequences are likely, this adult bully has a hard time restraining his or her behavior. In some cases, this type of bullying may be unintentional, resulting in periods of stress, or when the bully is actually upset or concerned about something unconnected with the victim.

    Physical Bully: While adult bullying rarely turns to physical confrontation, there are, nonetheless, bullies that use physicality. In some cases, the adult bully may not actually physically harm the victim, but may use the threat of harm, or physical domination through looming. Additionally, a physical bully may damage or steal a victim’s property, rather than physically confronting the victim.

    Verbal Adult Bully: Words can be quite damaging. Adult bullies who use this type of tactic may start rumors about the victim, or use sarcastic or demeaning language to dominate or humiliate another person. This subtle type of bullying also has the advantage – to the bully – of being difficult to document. However, the emotional and psychological impacts of verbal bullying can be felt quite keenly and can result in reduced job performance and even depression.

    Secondary Adult Bully: This is someone who does not initiate the bullying, but joins in so that he or she does not actually become a victim down the road. Secondary bullies may feel bad about what they are doing, but are more concerned about protecting themselves. Workplace bullying can make life quite miserable and difficult. Supervisors should be made aware of adult bullies, since they can disrupt productivity, create a hostile work environment (opening the company to the risk of a law suit) and reduce morale.

    It is important to note, though, that there is little you can do about an adult bully, other than ignore and try to avoid, after reporting the abuse to a supervisor. This is because adult bullies are often in a set pattern. They are not interested in working things out and they are not interested in compromise. Rather, adult bullies are more interested in power and domination. They want to feel as though they are important and preferred, and they accomplish this by bringing others down. There is very little you can do to change an adult bully, beyond working within the confines of laws and company regulations that are set up. The good news is that, if you can document the bullying, there are legal and civil remedies for harassment, abuse and other forms of bullying. But you have to be able to document the case.

    Adult bullies were often either bullies as children, or bullied as children. Understanding this about them may be able to help you cope with the behavior. But there is little you can do about it beyond doing your best to ignore the bully, report his or her behavior to the proper authorities, and document the instances of bullying so that you can take legal action down the road if necessary.


    I do take one exception to the above article when it says that adult bullying rarely turns to physical confrontation. How does one possible square that with the following data from

    -Every 9 seconds in the US a woman is assaulted or beaten.

    -Around the world, at least one in every three women has been beaten, coerced into sex or otherwise abused during her lifetime. Most often, the abuser is a member of her own family.

    -Domestic violence is the leading cause of injury to women—more than car accidents, muggings, and rapes combined.

    -Studies suggest that up to 10 million children witness some form of domestic violence annually.

    -Nearly 1 in 5 teenage girls who have been in a relationship said a boyfriend threatened violence or self-harm if presented with a breakup.

    -Everyday in the US, more than three women are murdered by their husbands or boyfriends.

    -Ninety-two percent of women surveyed listed reducing domestic violence and sexual assault as their top concern.

    -Domestic violence victims lose nearly 8 million days of paid work per year in the US alone—the equivalent of 32,000 full-time jobs.

    -Based on reports from 10 countries, between 55 percent and 95 percent of women who had been physically abused by their partners had never contacted non-governmental organizations, shelters, or the police for help.

    -The costs of intimate partner violence in the US alone exceed $5.8 billion per year: $4.1 billion are for direct medical and health care services, while productivity losses account for nearly $1.8 billion.

    -Men who as children witnessed their parents’ domestic violence were twice as likely to abuse their own wives than sons of nonviolent parents.

    • Justus, very good read. Thank you. I have personally learned to just ignore anyone who has this type of personality. Sometimes it’s difficult but if you can just not react to them they do go away. But I agree report it!!! Tell someone, rather it is a friend, coworkers, family………

  155. Good morning Team Jodi 🙂 🙂

    It was a blessing that Jodi’s aunt found her missing cell phones in her grandpa’s truck and turned it over to the.DT. Just look at all the evidence that would have been lost if not found. Sure wasn’t going to get it from the state.

    I really would like to know who more or less told the DT to take another look at the hard drive.

    Now I understand why Jodi got rid of her hard drive. It was confessed with viruses from Travis

  156. Can SOMEONE please tell me why the Alexander’s are asking for more money for travel ? Why do some of these people not realize that they are not paying for witnesses the state is. The one and only thing they have to pay for is transportation, lodging and food. What did they do with all the $$$ they raised from the first trial?? Not that I really care, if they want to give to them let them.

    • They just want more money, Cindy. Just like CASH, they know they have a limited opportunity to make money off the death of Travis Alexander and they have to milk it for all it’s worth while they can.

      • I am just repulsed at all of it. I understand that the family needed help with travel, lodging and food. But that’s as far as my charitable nature goes.

        Journee, as crazy as this might sound it’s almost as if someone/thing is leading the DT to the hidden truth. I honestly think that there is so much more to come out. The DT is going about this in such a way that I think we just might see a Perry Mason moment.

        You were right JM is not going to go down without a fight but I think there is so much more to come out.

  157. This is in regard Lonnie Dworkin’s testimony regarding his search or more accurately his lack of a search for pornography on TA’s computer. I went back and reviewed carefully the video tape from day 13 and went over that specific exchange between JM and LD. I will write down points below on that testimony, my thoughts about that testimony and possible conclusions that can be drawn. Feel free to help me out with your comments. I am basically just thinking out loud here –

    1. JM starts by asking if LD checked to see if there were any images of women’s breasts on TA’s computer. LD responds – not specifically.

    2. JM asks if he generally did that. LD responds – No. JM asks if he even looked to see if there were any photographs of any women’s breast on it. LD responds again – not specifically, no.

    3. JM then asks – as you sit here today can you tell us that there were any images of women’s breast in that computer? LD responds that he didn’t have that knowledge because he wasn’t asked to do that. (apparently he wasn’t asked by DT to search for porn )

    4. JM then responds with – right, but the bottom line is as you sit here you can’t tell us that there is because you didn’t, look, right? LD – correct. JM continues – And you can’t tell us that there are any images whatsoever of any nude women whether its breasts or otherwise, right? LD responds – Not without reviewing my notes, I would have to review my notes, if you would like I could.

    5. JM then responds with – You’re not telling me that this maybe in your notes or and before you told me that you didn’t review the data, which one is it? LD starts to explain and JM cuts him off and re-asks his question – is it that you didn’t look in this computer for any nudes, or is it that there weren’t any? LD – I recall there was some pornography on the computer, I don’t recall if they were specifically just women’s breasts or if there was more pornography of a different nature of pornography

    6. JM then asks – Do you remember that we had an interview about this issue that we discussed it? LD – I remember we did have an interview a couple of years ago, yes.

    7. JM – And isn’t it true that at that time you told me that there was no pornography? LD – If I said that at that time then I would stand by that statement I just don’t have the specific knowledge at this time. JM – all right so you don’t have any knowledge at all at this time is what you’re trying to tell me. LD – correct.

    So, I get the following from this testimony

    1. First, LD wasn’t hired by DT to search for pornography apparently. He was tasked to specifically to document other info about TA’s computer.

    2. He had notes that he would have to review in order to refresh his memory about anything he noted about pornography as he examined TA’s computer. JM obviously didn’t take LD up on his offer to do this. We now understand why bc there was pornography on TA’s computer

    3. When specifically asked if there was ANY PORNO (“any nudes”) on TA’s computer, LD says that he did recall pornography on TA’s computer but just couldn’t remember specifically if it was specifically just women’s breasts or if there was more pornography of a different nature.

    4. JM brings his recollection back to an interview that was done a couple of years earlier and asks specifically “Isn’t it true that at that time you told me that there was no pornography?” LD qualifies his answer to this by stating that IF he had said that then he would stand by that statement BUT he goes further to say that he didn’t have the specific information at this time (meaning the time of his testimony ongoing at that moment)

    So, I come away from this exchange with a couple of thoughts. First, I believe based on LD’s testimony that he did not to a specific or general search for pornography on TA’s computer. But he did see some on there as he was reviewing the computer for the specific information that he had been asked to retrieve and apparently had notes about it. JM of course didn’t want to go there and follow up and have LD review his notes bc he knew that it would confirm to the jury that there was pornography on the computer. Now, having worked with attorneys in the past and the courts as well, I understand why lawyers ask questions a certain way. When an a lawyer starts a question with “ISN’T IT TRUE….?” 9 times out of 10 what follows is NOT true and they know it. But they want you to agree with them. Technically they are not lying as that would violate their oath (LOL here for JM) Now Lonnie Dworkin qualified his statement with a big IF and this is important because I can all but guarantee that if his previous interview was reviewed the statement would not have been “No, there was no pornography…” But it would have been something much different like “No, I never looked specifically for any pornography ….” Not only did LD qualify his statement with IF but he also qualified it with “I just don’t have the specific knowledge at this time” He had already offered to review his notes but JM didn’t take him up on that.

    This is what lawyers do. They twist the words of people and when you are on the stand you are under tremendous stress and pressure. Even the professionals can get caught off guard especially if they haven’t reviewed all their previous testimony or interviews they had given.

    Now, why do you suppose that JM was so focused on WOMEN’S BREASTS and not any other kind of porn? My thought on this is that there may have been very little evidence of that specifically. More likely there was pornography of boys and possibly girls as well – not women. We know from Jodi’s testimony that she caught TA looking at photos of little boys….and we know from the taped sex phone call that TA had a thing for young 12 year old girls, etc….

    Bottom line is this IMHO: Lonnie Dworkin’s testimony on Day 13 of the criminal trial did not eliminate the possibility of there being pornography on TA’s computer. In my view it was quite the opposite – and he even stated there was some on there but needed to review his notes. And this was from a technician that was not even tasked to search for pornography.

    So I do wonder though why oh why the DT didn’t have someone thoroughly go through TA’s computer files years earlier bc if they had like BN did years later, this all would have come out in the criminal trial and they would not have had to rely on what the prosecution turned over to them in discovery or more accurately what they did NOT turn over in discovery.

    • I am being censored today so I’m going to take my dishes and my dollies and go home. I shall return if and when my posts show up.

    • BB, you are bang on with your assessment of LD’s testimony. The only thing I would add is according to Neumeister, Lonnie got a bad drive as well.

      William Pitts ‏@william_pitts • 3m3 minutes ago
      Dworkin testified he found nothing either. Neumeister says the drive Dworkin had was bad. #JodiArias

      I have recall of one time that Nurmi stood up in court and was talking about trying to access the hard drive, but kermit and flores kept making excuses about why it wasn’t available. I am a little fuzzy on how many times they asked for it and didn’t get it.

      • Par for the course. Prosecution had a habit of not turning over evidence in this case….this is why this case WILL BE OVERTURNED ! 🙂 🙂

        • According to BN neither he nor Lonnie got 55G of data.

          William Pitts ‏@william_pitts • 3m3 minutes ago
          Neumeister says the data they got from Mesa PD is the same size as what Martinez got.

          Michael Kiefer ‏@michaelbkiefer • 3m3 minutes ago
          Neumeister says that yesterday he received a copy of the clone the original forensic expert got from Mesa PD and it was the same. #JodiARias

          William Pitts ‏@william_pitts • 3m3 minutes ago
          He says Mesa PD didn’t give HIM or Lonnie Dworkin 55G of data. #JodiArias

    • Excellent comment BB, on your explanation of Lonnie Dworkin’s testimony on his search or non-search of pornography on TA’s computer. …Especially: “5. JM then responds with – You’re not telling me that this maybe in your notes or and before you told me that you didn’t ….” etc etc. …Martinez is using double negative methods to ask questions that are IMPOSSIBLE to accurately answer in the English language. …Ex: (Didn’t you stop beating your wife before she disappeared)?
      …And, later you explain how lawyers sometimes start a questions with “ISN’T IT TRUE ” etc etc. … And, I believe that they use double negative questions (isn’t it true, means is it NOT true) and this is done to extract a desired “yes or no answer” so that the lawyer can rephrase the question to extract the answer he wants the jury to hear, even if (especially if ) it is not true, because the jury miss-remembers the question & remembers only what the prosecutor wants them to hear. …
      …As I have said many times (in essence) that this prosecutor Martinez is manipulating the English language to snooker the guilt & penalty jury(s) by misdirecting the testimony of witnesses. …(IMHO).
      …There should be some professional English language professors of a LAW SCHOOL to examine many of the interrogation questions of the prosecutor, & all the way back to the police interrogation of Jodi Arias, to present to an appeals court. …And, explain how a prosecutor or police interrogator can make truthful answers “seem to be untruthful or lies” by the witnesses or the defendant. …
      …Jodi Arias has been railroaded & continues to be railroaded by English language manipulation.

      • You make great points. A professional English language professor of a LAW SCHOOL who could examine everything __ that is an excellent idea. I hope the defense will hire one.
        In fact, all legal cases should be reviewed by such a language expert in order to assure accuracy and protect the rights of the defendant.
        Earlier today, I read #5 over several times and couldn’ t even figure out what it meant; it seemed to make no sense at all.
        I truly hope that members of the legal profession find Martinez’s trickery deplorable and disgusting.

        • Another thing: Probably it is often the case that members of a jury will blame themselves for not understanding, because they believe in the good- faith intentions of the prosecutor; they believe the prosecutor is communicating as straight- forwardly, explicitly, and honestly as possible.

          • I agree Amy. Any jury could be vulnerable to posturing and insinuations especially by persons of authority – the very reason that judges should never tolerate over-the-top theatrics in the courtroom. Such behavior is prejudicial on its face, and for an attorney or anyone else to be allowed to act out without consequence is patently unfair. A judge especially should not tolerate any disrespect to him or herself by anyone in the courtroom. I believe the jury disregarded the Jury Instructions in this case because they didn’t feel that the judge was vested with any ACTUAL authority. Her authority was only implied; that is not enough.

          • Big mistake on the part of jurors to give this prosecutor any benefit of the doubt about being hones. They should always keep their skepticism about them and question if they don’t understand……

            • People can be more willing to doubt themselves than doubt an authority, especially if they hear something often enough.

              Amidst confusion and conflict the human mind always seeks resolution – it is hard-wired into our survival abilities. If people are manipulated into confusion and all becomes a blur, the natural tendency is to welcome a quick answer if the confusion is painful enough and the authority figure has legitimacy – even if the answer is couched in terms of junk science. How well the prosecutor in this case knows this. How well he knows how painful it is for a jury to determine guilt and a sentence in a capital case.

              He is undaunted; will use this formula of 1) shock 2) confuse 3) offer junk science answer, (such as the alarming “incinerator” explanation for missing data) to anyone, even an expert. BN’s CV indicates that he is so respected that he sets the bar for other companies. They confer with him because he is an expert’s expert.

  158. Yah – I caught that too, JM using the absence of pictures of women’s breasts to infer that there was no porn on the computer, because obviously any and all pornography would include pictures of women’s breasts. 🙄 (I guess JM is a boob man).

    As to your last question, I have often wondered if the defense team has been slow to realize that they actually had a case. Perhaps in large part because of the state’s Brady violations, they remained in the dark for a very long time about so many things – they only had Jodi’s words and NOTHING to back her up. They didn’t get an independent ME, they didn’t get their own crime scene specialist – we were here ranting about that in early 2013. I guess they may have tried to get those experts, but the judge has to approve any expenses for an indigent client’s case – maybe they just couldn’t get the money. OR -maybe- they didn’t bother because they, too, believed Jodi was lying.

  159. I can’t find the right place on the feed, but I think whichtrial was talking about this tweet from Pitts. IMO he pulled a Kiefer and just heard it wrong. If not, that certainly would be interesting. 😆

    William Pitts ‏@william_pitts • 4m4 minutes ago
    Worth noting a few minutes ago Martinez said he would “challenge Neumeister when he’s on the witness stand. No way this ends 12/18…

    • okay, so perhaps JM means that BN is slated to testify in the actual retrial –
      rather than suggesting that JM himself plans to take the stand.

    • I think he means he will challenge BN when he (BN) is on the stand. He is threatening to impeach BN’s testimony with a supposed witness that is going to testify that BN deleted some of TA’s files (porno files). BN stated that was a lie the other day when testifying that he did no such thing. And why would BN do that as that would help the defense. I believe once again JM is blowing smoke…you really have to take everything JM says with a grain of salt bc 99% of it can not be trusted IMHO.

      • This is my understanding of what he removed from his imaged clone not any original drive. He said kermie has own copy that he could do his own work on.

        Wild About Trial ‏@WildAboutTrial • 3m3 minutes ago
        Neu explains what’s missing is the viruses and quite a few malware programs to reverse engineer to see where the porn came from

        • Yes, this is what was stated. BN was trying to tell JM on the stand yesterday that he did NOT alter the drive or delete anything from it like JM was accusing him of. He received an exact copy of what Mesa PD had given JM and it was exactly the same as what the forensic expert received from Mesa PD…

    • Canada Carol, re: Your 8:20am comment today above:

      I did not comment on that particular tweet by Pitts about [JM challenging] Neumeister I have not made any comments or questioned here (ever) whether or not JM will be taking the stand either.

      Please be more careful when quoting other posters here. It is one thing to make factual errors or make a guess that you yourself can later amend or correct, but when mentioning others, it is not enough to say, “I think it was so and so”; rather it bears double and even triple checking, because obviously the poster you mention might not return to make a needed correction for quite some time, if ever.

      I am requesting that you make an apology and a correction to your 8:20am post. Thank you.

        • Carol, I accept your apology with thanks. Unfortunately, it is very difficult to participate in discussions here without mentioning other participants. I do all the time, so that others can follow the conversation and to make clear what I’m responding to – and you and I have addressed each other many times. I can recall making an error once or twice of that type and later caught it myself and made corrections, apologies, etc.

          I did see a few comments upthread about the aforementioned topic but cannot recall the parties having that discussion, (and don’t want to take time right now to look it up). I think it’s more than half-way up this page, (such as its length is now).

  160. Dave Erickson ‏@ericksonvision · 34m34 minutes ago
    What I see happening w/the #JodiArias trial… It’ll go thru March, jurors will drop below the 12, aaaaaaaannnndddd mistrial. #neverending

  161. Can someone help me out on this. Did Det Melendez testify that he had checked the registry on TA’s computer? Seems to me I remember he did. Please let me know if you know for sure 🙂 And if so, this really is the smoking gun for withholding exculpatory evidence purposefully bc according to BN if you go through and checked the registry all the porn would still be there as a record. So any excuses that the first defense team accidentally deleted the porn is just plain……… fill in the blank. There is overwhelming evidence that this deletion and destruction of computer evidence was done with intent to hide the evidence by the prosecution…..So I am hoping that Melendez is recalled to the stand as well…

    • Michael Kiefer ‏@michaelbkiefer • 4m4 minutes ago
      Willmott puts up transcript of Mesa PD expert saying he went through the registry and history. Asks how he wouldn’t see it. #JodiArias
      William Pitts ‏@william_pitts • 4m4 minutes ago
      Neumeister: “then he’s stunningly incompetent.”

      • Thank You ! 🙂 So he was either stunningly incompetent or a liar, either way the evidence was hidden from the DT and will cause a higher court to impose a remedy for Jodi – namely a new trial due to the critical nature of this evidence with regard to Jodi’s defense…….

      • There was testimony that Lonnie went the history registry as well, but BN said his copy was “bad”.

        Steve Krafft ‏@SKrafftFox10 • 3m3 minutes ago
        Expert re: prosecution claim Travis had no porn: “Either they are stunningly incompetent or they are lying. There is no gray area.” #jodiarias
        William Pitts ‏@william_pitts • 4m4 minutes ago
        Wilmott quotes Lonnie Dworkin: “After that I went through all the Internet history registry of the computer itself.” #JodiArias

  162. Wild About Trial ‏@WildAboutTrial • 3m3 minutes ago
    5/31/2005 is the earliest date that Neu could find that spybot was installed. It was changed on 12/7/2007 and then in 2008 #JodiArias

    All the haters are blaming Jodi for loading the porn and viruses on his computer but the first time Spybot was installed was in 2005. How is that supposed to have happened? 🙄

      • No,no it’s all Jodi. She is evil after all. He was a Saint. She down loaded all the porn on his computer. She had his password…anyone who thinks that either one of them didn’t change those passwords after giving them to one another I have a Bridge to sell.

        I tend to wounder if they are reading the same tweet as we are.

  163. InconvenientTruthTV notes that SpotlightOnLaw
    [authors Rob Roman & Amanda Chen]
    has posted an important new article called, “Why the Felony Murder Charge is the Holy Grail of the Jodi Arias Case.”…

      • Wow a lot to read, but well explained. I agree the felony murder charge made no sense and should never have been allowed, and of course the switching of the order of injuries from gunshot first to gunshot last had a huge impact on this case and hopefully a higher court will remedy this……….

      • I don’ t have time right now, but I will try to tomorrow. I’ m not very proficient in giving an adequate synopsis of that sort of material.
        One point the article makes is that a law known as the ” Merger Doctrine” is key in dismantling the legality of the jury’s findings regarding felony murder and / or premeditation.
        The article says about the “Merger Doctrine”: ” Felony murder can not be charged if all the elements of the felony are included in the elements of the murder.”
        ” …the ” Merger Doctrine”… holds that if the underlying felony MERGES with the killing, the felony can NOT constitute felony murder.”

        • Stating the obvious: These two charges were in THE HANDS OF THE JURY.

          The jury should NOT have needed to take a law course in order to responsibly serve, should they have?

          As Jodi supporters, it would be a valid use of our time indeed to at some point make a sincere attempt to fully understand the meanings of these two charges; to place ourselves in the same position as those jury members. I will state again (as I’ve written elsewhere on this cite more than once) that the two charges taken together make no earthly sense to me in this particular case.

    • The article is interesting, and I’m glad they wrote it. Of course I agree with their thesis that the felony-murder charge should have been thrown out. But whether Stephens was wrong not to do this seems to depend not on general principles of criminal law, which is what Roman and Chen cite, but on the Arizona precedents regarding felony murder. Contrary to the impression R & C sometimes give, there is no uncertainty about what felony the felony murder charge was based on. It is second-degree burglary, which is allowed by Arizona law as a basis for felony murder. What was uncertain was merely the intended (or “ulterior”) offense in unlawfully remaining. Whether the assault version of 2nd-degree burglary is a viable theory under Arizona law depends on precedents such as those mentioned by Nurmi in arguing to throw out that part of the charge. R and C could improve their piece by discussing these; I haven’t read these cases and don’t plan to. By contrast, the gun-theft version of 2nd-degree burglary is in no way legally defective; there’s just no evidence in this case to support it, and it’s ridiculous on its face.

      Finally, whether or not the felony-murder charge should have been thrown out seems irrelevant at this point. Because Martinez misstated the law regarding felony murder in his closing, that alone ought to suffice to nullify the 7 votes for felony murder. But I’d guess (though I don’t know this) that everything about felony murder is now “harmless error,” given unanimity for premeditation.

      • “But I’d guess (though I don’t know this) that everything about felony murder is now “harmless error,” given unanimity for premeditation.”

        I agree.

        And I suspect that FM was only a part of the original indictment because there was still strong suspicion on the part of LE that someone else was involved – and if someone else was there it raises new questions about motive and premeditation. FM was on the indictment IN THE ALTERNATIVE to PM to cover their bases in case further investigation led them down that trail.

        • Well, I hadn’t thought of that. Do you mean you think LE may have suspected that Jodi had an accomplice — and, perhaps, that they broke into the house together?

          • Flores said early on – in the phone interviews with Jodi, even, and I *think* he said it in early TV interviews (maybe clips of which were in the 48 hours piece? – not sure where I saw it exactly, but I saw a clip of him saying this, interview looks like it was outdoors at night) that it looked like it would have taken two or more people to kill Travis the way he was killed. Yah, Flores was on that road for awhile, believing that more than one person was involved in TA’s death.

            • So I’m reading this whole conversation not being ALWAYS the sharpest tac on the board. Trying to put all bias aside I pause and ask what the Hell happened to change Flores’s gut instinct in this case??

              • My guess would be that it was the same thing that made him sit on the witness stand like a demoralized lump and say whatever Martinez wanted him to say.

                “pressure from on high”

                • So here we all are again trying to put the pieces to the puzzle together once again. Who has the missing pieces?

                  Are we the only people who can see that 2+2 is not adding up to 4???

                • Cindy, I am certain that there are many people wondering why it is that Flores considered a suicide and also that possibly one or more other persons could be the reason(s) for Travis’ death, but then never took seriously Jodi’s claim of self-defense after the way he had questioned her early on – hinting, in effect, that something could have gone wrong between them.

          • The fourth paragraph of the Indictment filed July 9, 2008, under the heading, “OR IN THE ALTERNATIVE” reads beginning as follows:

            “JODI ANN ARIAS, on or about the 4th day of June, 2008, acting either alone or with one or more other persons, committed or attempted to commit Burglary, Second Degree…”

    • WOW OH WOW. . .I have a bunch of reading to do to catch up with you all!!!! Glad everyone is still at it. ♥♥♥ FREE JODI ARIZONA!!!!!♥♥♥

      Hi MAD!!! Don’t stay gone so long, WE Missed YOU!! 😀

  164. Can someone one Please tell me how they can say time of death was around 5:30pm on the 4th.

    Next question and I know we talked about this last year. What are the chances that someone changed the date on the camera.
    What card were the pictures extracted from and what camera did it fit??

    I don’t trust one thing in this whole sham of a trial.

    • We were TOLD that the photos came from the card admitted into evidence at trial, and though images of it appear very dark, Conner and Martinez both described it as blue. Travis’ camera could ONLY use a card that was proprietary to SONY at that time, smaller and a narrower rectangle than the card that was in evidence, and BLACK.

      When Jodi is told about the photographs in evidence, by Flores during interrogation, she’s very confused when he talks about a photo of her in pigtails and starts talking about memory cards, wondering if there were memory cards from her camera that might have been left at TA’s — telling him how the dimensions are different for the cards for her two cameras and TA’s was unlike either of them…. is Flores sure that he’s looking at photos from TA’s camera or maybe some old photos of hers that might have been left behind. It DOES NOT FIT, in her mind, that there would be photos of her on Jun 4 in pigtails.

      I think the nude photos might even have been taken on the night they talk about in the phone call, with the bath and the pigtails that were ‘so hot’.

      Melendez said there were no timestamps on the photos when he saw them, he did not put those red numbers on the photographs and doesn’t know where they came from. Even if anyone is to assume that the numbers jive with any meta-data stored in the files of those pictures, everyone who knows anything about these things knows that meta-data can be easily manipulated. By whom would be yet another question.

      The approximate time of death is based on those dubious timestamps.

      • One cannot view a photograph of the back of a person’s head and his foreshortened supine body and conclude definitively that the person in question is deceased simply because he did in fact die, even if blood is pouring down the person’s shoulder in the photograph – especially when it is clear that the person in the photograph is holding up his head on his own. (Nor does that photograph in fact depict any actual “dragging” motion – moreover, if it did, the “dragging” would not be enough action to cause the deceased’s person head to lift.)

      • Oh- two other odd little points about the photos:

        Melendez testified that he first tried to read the card with the card in the camera – that didn’t work.
        Then he tried to read it plugged into some kind of write-blocker arrangement (don’t remember how that was phrased). That didn’t work either. In the end he had to plug it into some device he has that can take many different sizes of cards. That’s when he was finally able to read the card.

        The other weird thing was that there was a cord of some sort sealed into the evidence bag with the camera and JM had Melendez remove the cord from the evidence bag before took the bag with the camera back to the evidence area.

  165. FYI – Jen’s Trial Diaries twitter just posted the video from the criminal trial DAY 13. I just summarized my thoughts upthread about the Lonnie Dworkin testimony on that day 13 so this is quite bizarre that suddenly that very same video is now on her twitter feed? Anybody can help me understand this??? Too weird……

    • No not weird. Expected. You have to remember Scoopy loves to check all sources so most probably reads here all the time! I will diagnosis her with a severe case of “ME- ittis” You know the type . . .extremely self absorbed and always self-promoting. So it would not surprise anyone to know Scoopy has some insider news to share.

      “Hey Scoopy, stay out of the broom closet, save yourself while you still can!”

  166. If anyone is interested in listening to the testimony I summarized above you can find it staring at approximately 1:09:35 …..

  167. Today is December 7th, 2014. …On this day in 1941, we were launched into WW2.
    …But, were we totally surprised? …Surely some high echelon of authority in the Pacific fleet had to have known that there was a giant Japanese armada sailing towards the Hawaiian islands. ..Surely American spotter planes reported in code what was going on & that hundreds of Jap planes were being put on upper decks of the Jap aircraft carriers & being fueled & armed. …Certainly, as we all now know, by observing TV History channels & Google information: that America & England broke the Japanese & the German military codes years early in the Europe & Pacific military buildup of hostile forces.
    …So, (((perhaps FDR was surprised & claimed that it was a surprise attack))), and it was ((to him)), but did someone ((of military authority)) just sit on the information that the Jap armada was sailing direct for the islands & chose to NOT alert the American military who were sleeping in their below deck quarters of those ships where they were entrapped & died.
    …Was it a DAMNABLE LIE to choose to NOT sound GENERAL QUARTERS until the first bombs were dropped. …So, WHAT IS A LIE that Americans can evaluate as important??
    …Who are those in the Jodi Ann Arias case in Arizona who are SITTING ON THE TRUTH: of who had a part in killing Travis Alexander? And, was Jodi Ann Arias selected to be the “patsy” sort of like Lee Harvey Oswald is now believed by near half the country, to have NOT been the only shooter, or maybe even NOT have been a shooter at all but may have been an agent (on our side), and made a “patsy”..
    I believe that Jodi Ann Arias is being crucified by electronic & printed words of some of the American news media. ..Why?…
    …Because this young, lite weight, not muscular female defended herself from “what she perceived to be” a threat to her life (from an muscular body builder MAN), to the pro-active and completion of the self-defense act. …The same self-defense act that policemen in this country do when the “get scared” thinking their life is in danger & EMPTY THEIR CLIPS into the falling body of a totally innocent & unarmed “suspicious person” …(IMHO ).
    …Google: Abadou Diallo, innocent, unarmed, shot at 41 times, hit 19 times by 3 scared policemen.
    …A similar reason as to why St Joan of Arc was convicted in 1431. ….Because she was a young, lite weight, non muscular female, who dared to defend herself (and France) from tens of thousands of invading English MEN in their armies. …Not necessarily killing anyone herself (she was wounded in battle) but she dared to be the Spiritual Leader of France to encourage the French military commanders to NOT RETREAT & FULL CALVARY SPEED AHEAD to roust the invaders before they could regroup & coordinate their longbow archers. ….St Joan (not a Saint at that time) defeated MEN.
    …(((Jodi Ann Arias is innocent)))…

    • Slight correction misspelled: Amadou Diallo (not Abadou), and shot by 4 (not 3) plain-clothed New York City policemen, Feb 4, 1999, because they were “scared”. …Diallo was holding up his wallet because he probably thought these 4, not in uniform, were thugs trying to rob him. …Should Jodi Arias have been LESS afraid of Travis in his sudden verbal & physical threat than 4 well armed “scaredy-cat” policemen, with high power and multiple clips??? …Men seek to have concealed carry, high power weapons while little women only have their “survival skills” to use their fingernails or stiletto heels or whatever is available for pro-active & total self defense. …Jodi stood her ground because she could not outrun an angry MAN.
      …Remember, in a dog & cat fight, the dog is always expected to win, unless the cat is cornered & faces it’s attacker. …And, the cat has it’s “survival skills” and 20 sharp claws and the dog has only two eyes!!! …

      • Oh, that is so true, WLOPEZ4JAA, all of it! And so well put together! Thank you.

        History may be in the back of our minds without us even realizing it.
        That may very well be why so many people are absolutely positive that Jodi is INNOCENT, not even a small bit guilty. Why they spend hours of their lives trying to sift out the little and big bits of evidence, overlooked, or ignored during the trial.
        We really all do crave Justice.
        If there had been more proactivity in all those scenarios right from the start so much of history could have been different, better even.
        And in every one of your points there were powerful figures standing in the way.

      • Of course I don’t mean to say anything bad about dogs, some dogs & cats get along quite well with each other. ..I meant animals who prey on other animals for no good reason. ..Sometimes the weak & timid “prey” can turn the tables on the “predator” animal. ..Or, the predator: T dog, horn dog, can meet his unpredictable fate against a “little woman”.
        …I don’t know if this link will transfer but it is a 5min 29sec video of a mother cat who just gave birth to kittens & also adopted three, newly hatched ducklings. …The mother cat actually nurses the ducklings along with nursing her kittens. …… ……Not good at doing this, may have to cut & paste.

      • WLOPEZ, in defense of felines, I have to say I’ve seen several cats ride a dog right out of Dodge. The faster the dog runs, the deeper go the claws, putting the giddy-up on the pooch while making for a secure ride…works for the cats.

    • Great post, WLOPEZ. Today is the date of the “day that will live in infamy” – FDR.

      You wrote, “I believe that Jodi Ann Arias is being crucified by electronic & printed words of some of the American news media. ..Why?…”

      Reporters, as a group, have obviously not done their due diligence on this case. Some are willing to suggest now that the proceedings might be running off the rails as they watch the back and forth “You’re it” tussle. They certainly did not report with circumspection facts pertaining to JA and TA’s relationship during the first trial, and they are only now seeing how unfair these proceedings have always been in light of recent revelations about potentially countless omissions.

      Yes, why? It was obvious to me from the start that the prosecutor was full of self-propelled hot air: His moral indignation went about as deep as a Halloween costume. He would put a beautiful woman on “the row”, draw an international spotlight to his macabre dance of death, and leap into his own famous future in one fell swoop. Now he appears to be sending out scattershot, as a fallen soldier trapped behind enemy lines would signal a rescue helicopter.

      “I see no hands”, says Judge Sherry Stephens, when asking jurors if they have been exposed to news coverage on the case,

      I see no low-flying helicopters on the approach, risking enemy fire as they search for the wounded. Is JM desperately sending up flares by advancing his bizarre allegations that the defense team(s) and their expert(s) destroyed evidence that very likely would have helped their own defendant?

  168. No wonder Lonnie could have the wool pulled over his eyes by lying Juan.

    The internet history Encase report that he ran from the Compaq was over 1500 pages or some 99,000 entries. Lonnie’s focus was only on the 4th of June very early AM and only three pages of his report were in evidence.

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