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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

Quick recap – Jan 11th

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Recordings of all the previous 5 trial days have now been added:

Day 1 – Day 2 – Day 3 – Day 4 – Day 5

So far, we’ve learned that TA is officially dead, and that they found blood in the bathroom. Yup. Ain’t that the truth.

We also had to contend with the one-man-sideshow Esteban Flores… Arizona’s very own version of Yuri Melich… going out of his way to make it up as he went along and impeach himself at every opportunity. So much for the prosecutions “star witness”.

Following that, we had multiple viewings of TA’s bedding, shorts, socks, t-shirts & towels – all apparently washed together, even though only a few of them had bleach marks. Interesting to say the least.

Throw in a handful of Martinez meltdowns, countless sidebars, recesses, lunch breaks & gas receipts – coupled with enough reasonable doubt to sink several ships – and overall it was a pretty good week for the defense, especially going on the limited number of witnesses they’ve called to date… dont’ya think?

Make no mistake… progress might be slow, but we are winning… and we will be victorious.

You can mark my words on that.

Your thoughts?
SJ

PS. What’s actually in the picture below, and where was it taken?

Is this the same pic from the 3/13/2009 Supplement Narrative where it’s states – “Upper part of body pulled off the ground by an unknown suspect… only right leg/foot visible… dark colored pants… picture taken in hallway between master bedroom & master bathroom…” – ?

UPDATE: Here’s an image of the above picture generated via 3d modeling software, and kindly provided by Michael L:

Travis Alexander – Pedo fantasies of a classless loser [COMMENT RE-POST]

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Here’s a re-posted comment from Kyle – Jan 10th 2013:

“Agree with you. A guy who gets off on a 28 year old he claims is stalking him sounding like a 12 year old when she has an orgasm over the phone, the way he fantasized about tying her up to a tree and you know, the shirt he bought her, the way he looked down on her, and his attitude.

Look at his old myspace page… his interests were money, women, and power. His favorite books were: Think and Grow Rich, How to Win Friends and Influence People, Slight Edge, Richest Man in Babylon, You were Born Rich, The Greatest Salesman in the World, Atlas Shrugged. Fav movie? The Secret, hahahaha. And girls are saying how deep his thoughts were. I didn’t see any Joyce, Orwell, Asimov, Dick, Hemingway, Orwell, Ballad, Steinbeck, Swift, or even any Chaucer. Not the deepest guy… he didn’t read Finnegan’s Wake or A Modest Proposal(I’m guessing.)

He’s all about power and image. So people who claim she’s shallow, well, she’s more vulnerable and easily manipulated. Why? I’m sure she was an insecure narcissist to an extent, and girls like that are the easiest to control BY ACCIDENT even. Look how fast she converted to Mormonism for him. His job is also a scam and his religion is a cult… so if he had excelled so quickly without college, well, it’s easy if you’ll rip off old people who don’t know any better.

Did he deserve to die? I don’t care. The way he lied to his friends about her, and then wanted to still bang her while calling her stuff like 3 hole wonder and crap… the world won’t miss him unless you’re one of his pathetic friends who’s just a lackey. And he was a racist. People are so fast to demonize the killer, well, as a guy… I can make a pretty good educated guess on why she went Predator on him. That means there was a lot of crap that she had gone through (moving there, changing religions, not being white enough, etc…) So I hope she gets off. You can tell he wasn’t born with money or class or else he would not have been how he was. Class is something you’re born with, and the way he talked to her is indicative of a guy lacking.”

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