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SJ - Team Jodi

Self defense, reasonable doubt, premeditation, mistrials and the viability of a not guilty verdict – (attorney post)

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If, like most of us, you’re still pondering over the relative ins & outs of the self defense scenario, reasonable doubt, the alleged premeditation, the viability of a not guilty verdict for Jodi, and the current mistrial motions…  check out the post below from David, our resident criminal defense attorney.

It was posted in response to some questions raised earlier this week, and certainly makes interesting reading.

Leave your comments below…
SJ

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To answer your first question

If the defense, in their opening statements, laid out a self-defense scenario (that it was her life or his), is this THE one and only strategy they are now obliged to follow-through with?

My answer…

Not necessarily. However, it would be Miss Arias’ best interest for her defense team to follow through with their opening statements. Otherwise, it severely weakens their case for the accused. Keep in mind that at the present time, the jury already has in the back of their minds that Miss Arias ‘defended’ herself from a potentially fatal attack as per the opening statements of the defense team. So, as the jury views the exhibits from the prosecution, they are potentially analyzing them in terms of ‘Self Defense.’ (as we ALL are even right now! Consider our extensive discussion here, we have been analyzing everything in terms of the ‘Self Defense’ claim. So, do you see the importance of following through with it?) Thus, it would be most unwise for the defense team to suddenly shift this focus…only in rare circumstances would it be wise to suddenly shift the focus.

Next question…

That is, is this inevitably what we’re going to hear–that Jodi had to defend herself against a physical attack–when the defense presents its case?

Again, not necessarily, but most likely as it pertains to this particular case.

Your next question…

And, if that’s indeed what we’re going to hear, is this how the defense plans to–not PROVE that he attacked first–but to create “reasonable doubt” that this was a premeditated murder?

That is absolutely correct. To avoid an unfavorable verdict, there has to be doubt among the jury that Miss Arias intentionally killed Mr. Alexander. Under United States Code Title 18, Chapter 51, Section 1111 murder is defined as the criminal act of taking a human’s life with malice aforethought. “Aforethought” is the planning of the act, or premeditation. The jury will take EVERYTHING of the trial into consideration and then determine a verdict based on Arizona’s statute of First Degree Murder.

Your next question…

Also, could the defense change/shift their strategy mid-stream, or add other aspects to create doubt of premeditation, such as suggesting a mental illness/defect or that this was a crime of passion?

‘Change/shift’ is probably not the words I would choose to describe this situation. To put it differently, the defense team could ‘enhance’ their strategy mid-stream by adding other aspects to create doubt of premeditation. It would be very difficult for the defense team to even suggest mental illness at this point without some sort of documented history and not to mention, this would have definitely come up during discovery. (ie. there would have been subpoenas for Miss Arias’ psychiatric records and I do not believe this was the case here.)

The defense team would completely invalidate their original Self Defense claim if they suddenly decided to suggest that this was a crime of passion. There is a HUGE difference between Self Defense and a Crime of Passion; the two are very much different. The key difference between the two is who is ATTACKING who? If this were a crime of passion, then Miss Arias is undoubtedly the attacker because she is quite peeved at Mr. Alexander. In Self Defense, Miss Arias is ‘defending’ herself from an attack.

So in this particular case, the defense team is suggesting that Miss Arias was the defender, not the attacker. Suddenly changing it to a crime of passion would then suggest Miss Arias was the attacker…do you see now why suggesting that this was a crime of passion is not viable?

Next question…

Is the ultimate goal, for the defense, to save Jodi from the death penalty–nothing more and nothing less?

No, the ultimate goal would be to get a verdict of ‘Not Guilty’ from the jury which is seemingly feasible considering she is charged with premeditated first degree murder and burglary…that’s it! There are no lesser charges for the jury to consider, although they can suggest a lesser charge(s) which will most likely happen if they cannot convict her of first degree murder and burglary.

Last question…

Are all those motions for a mistrial just planting seeds in the record for any future trials or parole hearings–or something like that?

Sort of, but not really. The motions for mistrial are really just something more for the appellate court(s) to consider. In other words, if an unfavorable verdict from the jury is handed down to Miss Arias then begins the appeals process. The case will then go to the appellate court for further examination. There, they will review the motions for mistrial (among a myriad of other things to consider) and then determine if it was legally appropriate for Judge Sherri Stephens to deny the motions. Rarely does an appellate court rule against the lower court’s decision to deny a motion for mistrial…although, it does happen.

Hope I’ve answered your questions.

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Jodi Arias – Exclusive Video (Fox 10)

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Fox 10:

PHOENIX – It’s a trial that is being broadcast live across the nation — dissected and debated on a nightly basis. The murder trial of Jodi Arias is riddled with sex, violence and deceit.

But we’re giving you an exclusive look behind bars — where Jodi is defined in a very different way.

She personally gave us a look into her interests, and let the women she’s lived with in jail for the past four years tell part of her story.

[hdplay id=25 width=500 height=300]

Through contacts, I was able to gain access to Estrella Jail where Jodi is housed, and to her cell. She didn’t know I was coming, and at first, she wasn’t happy to see me at all. But she eventually warmed up a bit.

We spoke together for quite some time.

Because of her impending case, and the advice of her attorneys, she didn’t want to appear on camera. I agreed, and I promised her not to reveal some of the things we talked about.

But I also told her I was going to show our viewers how she is living.

While in jail, something interesting happened. All of Jodi’s pod mates held up handwritten notes they created on the spot that read “Free Jodi.”

They stood in a line of solidarity, and I soon learned that these troubled women were circling their wagons around a friend — maybe in these circumstances — more of a surrogate family member.

“She comes in here with a smile on her face. But I know she’s hurting inside. But she can’t show that to us because if she comes in here hurting, we’re all going to be what’s wrong. And she’d have to talk about it. And tell you what, if I was on trial for two weeks I wouldn’t want to talk about it. I’d put on a fake smile and tell everybody I was perfectly fine. But she’s not, she’s hurting inside and there’s nothing she can do about that,” said Jenna Bounds, Jodi Arias’ podmate.

Because of the nature of her charges, Jodi is being kept in one of the higher security units here, where detention officers can keep a close watch on her.

“She may feel she has nothing to lose, so we just keep an eye on all of ‘em,” a detention officer told me.

Jodi told me one of the ways she occupies herself in jail is with her art. She showed me some of her drawings and paintings, landscapes and portraits.

But maybe some of the most vivid portraits were of Jodi herself, and they were created inside these concrete walls by those who say they now know her best.

“She has the biggest heart in the world. A lot of people don’t think it, but she does, she has an incredible heart.”

“She really needs your prayers right now. She would do anything to help us girls in here and we just love her very much,” says Sara Wardana.

“The roles could be reversed, in Jodi’s case, you know. He could be the one on trial for her. You know what I mean? It could be reversed. People don’t even think about that. That she is here because she was protecting herself,” says Bounds.

That’s an argument Jodi is betting her life on.

The defense begins its case in front of the jury on the 29th.

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SJ

Juan Martinez blows it – Testimony in the Jodi Arias Trial disproves premeditation

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Check out this interesting post, and leave your comments below…
SJ

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A new year and it begins with a murder trial! On June 4, 2008, Travis Alexander was found dead in his Mesa, Arizona home and the State alleges that Jodi Ann Arias was the killer. The trial has indeed captivated the public with the elements of an Oscar-nominated blockbuster film-love, lies, and murder. And like most publicized murder trials, the alleged killer has already been handed a guilty verdict from the public opinion of her peers. But, unlike most publicized murder trials, the killer has already admitted culpability for the crime. Thus, the killing of Travis Alexander is not about proving who did it, but rather proving whether or not Jodi Ann Arias deserves the death penalty as her punishment.

As a public defender and contrary to popular belief, I believe that the testimony of the Medical Examiner spared Miss Arias from the death penalty and may have even set the stage for the premeditation murder charges to be dismissed. Fortunately for Miss Arias, she was not indicted for lesser charges by the State’s prosecution such as involuntary manslaughter or assault with a deadly weapon.

Also, I find it perplexing that the State went so far as to indict her for burglary. I failed to see how the prosecution’s testimony proves burglary. Showing nude photos of Miss Arias lying naked in the victim’s bed is not exactly how I would define the statute of burglary. If that is the standards of an Arizona burglary then chain me to the wall! And please do not even think for one second that the burglary charges are for supposedly stealing the .25 caliber gun from her grandparent’s home in Yreka! The State of Arizona would not charge her for a crime which was committed in California; Yreka is well outside the jurisdiction of Arizona. But alas, I’ve digressed here.

Last week, we heard the testimony from the County’s Medical Examiner, Doctor Kevin Horn who believes Travis Alexander was stabbed to death first and then shot with a .25 caliber gun. Generally speaking, it seems that the consensus among the public is that the sequence of weapon use is irrelevant. Oh, but I beg to differ! It is very much relevant to the case, especially now that Doctor Horn’s testimony contradicts the charges of murder with premeditation. I find it rather appalling that Miss Arias’ defense team has not been quick to capitalize on this seemingly minor quandary.

Let me explain…

Since Doctor Kevin Horn has testified that Travis Alexander was stabbed first and shot later then his expert testimony alone is sufficient to disprove the premeditation charges!

See testimony excerpt below on sequencing:

[hdplay id=22 width=500 height=300]

Why?

Because the prosecution has argued that Miss Arias stole a .25 caliber gun from her grandparent’s residence in Yreka then drove 15-whatever hours to Travis Alexander’s residence with said gun and the whole while she is supposedly ‘premeditating’ the murder. (Oh, and let us not forget that somewhere in the middle of all this, there were the naughty photos taken in the bedroom and clear implications of sex between Miss Arias and Travis Alexander; hardly implying she was ‘premeditating’ her intent of murdering him!)

But, there is one other minor problem here…

Why did she then stab Travis Alexander first (according to Doctor Horn’s testimony) instead of using the .25 caliber gun she allegedly stole solely for the intention of murdering Travis Alexander???

Thus, in this particular case, for the ‘premeditation’ component of the murder to truly exist, Miss Arias would have had to use the .25 caliber gun first to kill Travis Alexander which would have then demonstrated the possibility of ‘premeditation.’  Miss Arias’ defense team should have been on top of this and motioned the court for a dismissal with prejudice since the prosecution failed to deliver strong enough evidence to support the charges of a premeditated murder.

Under A.R.S. section 13-1105(A)(1), the State of Arizona defines ‘premeditation’ as:

“Premeditation” means that the defendant acts with either the intention or the knowledge that he will kill another human being, when such intention or knowledge precedes the killing by any length of time to permit reflection.   Proof of actual reflection is not required, but an act is not done with premeditation if it is the instant effect of a sudden quarrel or heat of passion. 

The prosecution has rested the premeditation aspect of the charges purely on circumstantial evidence.  But, the question still remains:  Did Miss Arias steal the .25 caliber gun from her grandparent’s residence with the intention of using it to kill Travis Alexander?  Juan Martinez has only implied, but not proven she did in fact steal the handgun.  Therefore, we have the existence of reasonable doubt.  If Miss Arias’ intentions were to kill Travis Alexander then she would have acted upon her intentions by first using the .25 caliber gun she allegedly stole.

If I were her attorney, I would recall Dr. Horn to the stand and then drive this point home to the jury by using the doctor’s own testimony against the prosecution’s case of premeditated murder.   Then I would recall the police officer who responded to the robbery of the Yreka residence and have him testify that no knives were reported stolen.  That is if I couldn’t get the entire case dismissed with prejudice beforehand.

If the court denies the motion to dismiss the charges with prejudice then it leaves the defense team no other choice but to disprove the Medical Examiner’s theory regarding the sequence of weapon use. Let me articulate. For Self Defense to reasonably occur (as the defense is asserting) then it’s absolutely imperative that the gun was discharged first. Then it will be much easier for the defense team to assert Miss Arias’ claim of self-defense.

It is now conceivable that Travis Alexander remained a threat to her even after being shot in the face with a very weak caliber handgun.  On the other hand, I would have a very difficult time believing he was still at large after Miss Arias supposedly slashed his throat.  Shooting him in the face after slashing his throat was really just adding insult to injury… no other way of putting it.  It would be in the best interest of the defense to subpoena an expert gunsmith to the witness stand so the jury can actually hear from said expert the minimal effects caused by a .25 caliber handgun; it has the power equivalent to a Super Soaker squirt gun.

Juan Martinez blew it big time when it was revealed through the testimony of one of his expert witnesses that Travis Alexander was stabbed to death first and then shot with a .25 caliber gun.  I just hope that her defense team seizes the opportunity.  They could really turn the tides of her trial and quite possibly receive a much more favorable verdict from the jury, such as an acquittal.

-Eric Falk, JD

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Jodi Arias Trial – Day 9

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CLICK HERE FOR DAY 9 VIDEO RECORDING

After calling 3 witnesses this morning, the state rests.

Trial is set to resume again on January 28th @ 10 am, when there’ll be an evidentiary hearing. Jury will return January 29th.

The Rule 20 motion is under advisement.

All in all, another awesome day for Team Jodi!

Leave your comments on Day 9 below. Recording now uploaded.

SJ

PS. If you missed day 8, you can watch it right here.

 

Jodi Arias – original hand drawn artwork for sale

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Click here to check out the awesome Jodi Arias hand drawn artwork now available exclusively through this website.

The original drawings are in colored pencils. All the artwork is also signed by Jodi.

If you would like to help Jodi directly by way of a financial donation via PayPal or check, click here for further details.

Thanks for your ongoing support!

SJ
Team Jodi

 

Day 6: The camera incident & mistrial request (video)

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I’ve never seen such a shambles. The prosecutor purposefully dropping evidence, solely in an attempt to demonstrate how long it’d take to hit the ground? Isn’t it obvious to anyone that it’d take less than half a second to drop anything to the ground like a camera or iPhone?

Not to digress too much — but can you imagine Jose Baez throwing one of George’s gas cans across the courtroom just to see how far it could travel? Judge Belvin Perry would of had JB’s nuts in a wringer faster that you can say capital sexual battery.

Ain’t that the truth.

Martinez is basically and single-handedly not only making an ass of himself every day, he’s also making an ass of the state.

Check out the camera incident and the accompanying mistrial request video below, which is currently under advisement:

[hdplay id=10 width=500 height=300]

The defense did right in requesting a mistrial for the 2nd time… not just for the state attempting to destroy pivotal evidence (i.e. the camera), but also based on Melendez’ half-assed change of testimony, the text message fiasco, and the earlier change of testimony from the state’s star witness Esteban Flores. The accusation of misconduct & deceit on the part of the state was more than justified.

Let’s see how the judge rules this time – even though (as usual) it’s highly unlikely she’s gonna side with the defense or see any “wrong doing”.

On a more positive note, all of the above shenanigans is doing wonders for Jodi and for Jodi’s defense team. I also think it’d be safe to say the jury are equally un-impressed with it all.

Martinez… prepare to lose your first case, buster. How you’ve won so many I have no idea, and nor has anyone else if they’re honest.

Your thoughts?
SJ

PS. The AZ-Central bedroom pic show (via the live feed) was really the icing on the cake.  In case you missed it, I don’t think it was accidental. They basically broadcast the clips of Martinez showing the “bedroom pics” that were specifically cut from the live broadcast (for obvious reasons). That 2-3 minute clip then had to be edited, re-wound, set up and then re-broadcast. It was no accident.

Jodi Arias Trial – Day 6

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CLICK HERE FOR DAY 6 VIDEO RECORDING

Today’s witnesses are Yreka police officer Kevin Friedman who investigated a burglary at Jodi’s grandparents’ home on May 28, 2008. Mesa, AZ officer Michael Melendez who recovered the deleted photos from the digital camera found in the washing machine, and Mr Impeachment himself… (drum roll please…) Esteban Flores.

Click here to read my review of Day 6.

Should be another interesting week.

As always, leave your comments below…
SJ

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