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.
Did you all notice that the prosecutor changed his “tone of voice” after he dropped the camera? He was sheepish, at best.
I could not BELIEVE when he dropped that camera! I have never seen that done is a trial. Also, everyone else uses gloves while handling evidence – not this guy. He just grabs it and drops it!
Also, the racial statements blew me away. The defense did not talk about Flores, they talked about Menendez. That was WAY out of line for the prosecutor. I really wish the jury could have been witness to that statement! Did you all see the reaction of Jodi’s family and friends?
Finally, I know the judge will not grant a mistrial. But, the defense is correct. The prosecution did lie about the availability of the text messages and did not hand them over, thereby delaying the trial.
And, this is NOT the first time the prosecution has done this sort of thing.
In another trial against the Baseline Killer, the prosecution stated they did not have the defendants cell phone records. Really? That would be the first thing they would pull.
As the lawyers were litigating that out, so much time went by, and the defense couldn’t get the records because they were gone. Then, the state said they didn’t have them, yet they knew where his phone “pinged.” It’s a long story, but trust me, this is not the first time that kind of thing has happened.
Can I just say, holy sh*t? That judge hardly budged. If it were the Defense who had done that, messing with evidence, they would’ve been found in contempt. UNBELIEVABLE!!
Shame on the Prosecution for representing the People of the State of AZ this way. What an embarrassment.
Nicole,
Can you explain the racial remark to me? I missed that part.
Nurmi mistakenly said “Flores” instead of “Martinez” (or something like that), and Martinez shot back with something like “Maybe all hispanic people look alike to him.” Totally uncalled-for. I was surprised that the judge didn’t say anything about it.
It was such a tasteless remark. Nurmi’s face was immediately like “WTF?” and he tried to object, but Martinez cut him off with “I’m not done yet!” He is such a jerk. I didn’t think prosecutors could get worse than Asston but this guy is definitely in the running for that dubious honor.
I saw it live when Martinez purposely dropped the camera from his bare hands while asking something like; ‘That didn’t take a minute to hit the ground did it?’ The camera could have easily broken, I was stunned at his carelessness. He then mentions that it wouldn’t have broken because of the carpet, which is thin & covering concrete! He seems to have a ‘little man’ complex, too quick to anger.
It may be if Nancy Grace of HLN thinks someone is obviously guilty, then it’s worth taking a second look at how they may be innocent.
The only cult out there stranger than Scientology is Mormonism & I’ve heard of some of the racial prejudice, plus Ariz. is on the radical far right when it comes to undocumented immigrants. To end on a positive note however, I’d say that the jurors haven’t been contaminated by the retired prosecutors at HLN, or other news sources like CNN, ABC, CBS etc.
SJ,
I would appreciate help understanding some comments you made. I might be misunderstanding you, so I apologize in advance, but at first reading, they seem contradictory, I might be missing something, so I’ll ask:
First, my understanding of a ‘mistrial’ is not that the case necessarily gets thrown out never to be tried again, it means that a new jury and whole new trial needs to be set, is that right? (You didn’t say anything about the definition, I’m just asking what the understanding is in this case)
But here’s what I want to ask. It sounds like you’re saying that the prosecution is doing something illegal/unethical, yet by virtue of the judge’s ruling, it says they didn’t. (I understand that the appellate court has not yet ruled on these behaviors or mistrial motions) but right now, a judge has ruled that they did nothing wrong, yet you seem to be saying that they did.
If they destroyed evidence (the camera) then the judge would have ruled that they destroyed evidence, yet she did not. If Melendez in fact ‘changed’ his testimony (I think you’re talking about the two different statements: shot first/shot last) then the judge would have ruled that he changed his testimony, but she did not. So I’m wondering what you think is behind these decisions of the judge: she’s stupid, corrupt, not following the law and it will come out in the appellate court (or whoever rules on the mistrial motions).
On another note, if “all of the above shenanigans” are doing wonders for the defense, why would the defense want a mistrial at all (given my understanding of the definition mentioned above: that there will be a new trial from the beginning) Because if things are going so well for them, why ruin a good thing?
I guess I just didn’t understand fully what you may have meant.
Here’s my understanding of the text messages ruling:
http://www.courtminutes.maricopa.gov/docs/Criminal/012013/m5600778.pdf
Trial in this case began in December 2012. Defendant received the text messages from
the victim’s cell phone in July 2010. The State asserts no false information was provided to the
defendant regarding the availability of these text messages. Text messages from the victim’s cell
phone were not available in 2008 because of the Verizon retention policy in effect at that time.
The fact the text messages could have been photographed by police who viewed the messages in
2008 was known to the defendant in 2010 and was considered by the court in making its ruling in
July 2010. Defendant failed to establish any prejudice to her case related to these issues. The
court finds no basis to support the request for mistrial on the assertion that there was
prosecutorial misconduct related to these text messages.
If the jury has any sense they will find Jodi Not guilty. It’s just like the Casey trial all over again! This case should be thrown out!
SJ, you are so right about how Perry would’ve acted if Jose had dropped evidence on the floor!
I also don’t know how Martinez has managed to win cases – he’s awful, so unprofessional, rude, and arrogant. It’s hard to get a read on the judge, but she seems more amenable to defense motions than Perry ever did.
Martinez is just going to keep making himself look worse like Ashton did – only he doesn’t have a Linda to reel him in.
Hi Kira,
I agree. What do we think would have happened had Kirk or Jennifer dropped the camera? Would Martinez had seen that as no big deal too? I doubt it somehow.
Martinez & Flores… they remind me of The Odd Couple – Walter Matthau and Jack Lemmon.
SJ
I think he bullies people to get what he wants. That’s part of his winning ‘strategy’.
If Jodi gets a mistrial it could take months or a year to get a new trial and Jodi will have to sit in jail in the mean time. Jodi has been in jail far too long already.
I don’t think she will get a mistrial, but it’s good for the defense to ask for one. It strengthens their case should they need to appeal this verdict.
SJ – oh yes, Martinez would have flipped out had Kirk or Jennifer dropped the camera. I’m sure he would have found a way to throw some racism accusations in there too.
WOW words fail me here …
Some of the times on the photos are around 5:30 p.m. The roommate said he got home around 6 p.m. A lot of stuff happened in that 1/2 hour! Also, there are no times/dates on the pics of Jodi for some reason. Maybe they were not even taken that day.
SJ,
IF I were his boss, I’d request he attend anger management through his eap program. Seriously! This guy makes the state of AZ look stupid. And, if he acts that way at court, I wonder how he behaves with witnesses behind the scenes in terms of coercing testimony?
I have two questions:
1. Did his roommate testify? If so, on what day? I didn’t think I missed any testimony, but someone else mentioned things the roommate said.
2. For those who think the nude photo showing wasn’t accidental: what reason do you think was behind it? I can’t see how anyone benefits from intentionally making those public. In fact, I would imagine that if someone showed them without the consent of the judge, they could risk losing their job or affecting the outcome of the case. Or maybe even facing some kind of charges.
The roommate has not testified yet; not sure if he’s on the witness list.
I read they are all testifying.
Things the room mate said were on Nancy Grace. The room mate that was home when they found the body was on Nancy Grace… I looked it up on the net.
And they talked a bit on facebook as well.
This trial “IS” BULLs***!!!!! Its so obvious that the judge has taken side and most likely not going to go with a mistrial. I have watched all trial days and up to this point i still blv Jodi did NOT plan this. 1st it is hard to blv that a female as small as her (even in great shape) overpowered a very healthy 200 pound man. Also if this act was planned why would she deposit all that $ into her accounts and make her purchases with her credit /atm cards, even renting a car with it. Isn’t it obvious that if it WAS PLANNED, she would have rented and bought everything cash as to not lv a trace? About the grandparents gun. She could have taken it becuz she was going on a road trip alone. Who knows how many other times she did so and put it back without her grandparents knowing. ???? I don’t know….. there is certainly too many open questions to convict her guilt. So many people bashing her without letting her defense attorney use or show text msgs that are more then likely going to prove that TA was the nasty cheating creep he was. He mentally abused this woman till the end and they don’t want to show us becuz they have to convict someone.
Who was interviewing her in the videos, Mendez?? Was it Mendez that questioned and showed her the pictures on the video? There was one part at the beginning that he showed her the 1st pic and she looked underneath the paper covering and pushed the folder back at him and he said, “Do u want to see more, I can defiantly show u more.” Let’s just say, I’ve seen all of you” is that what he said to her????? Can they say those kinds of things to her?!!!!
Anyway what I’m trying to say is that it looks like and it’s obvious that they have already found Judi Arias guilty and they are giving her little chance to prove that it was SD or that she did it cuz he (ABUSER) drove her to do it.
…..and also……. his body was discovered 5DAYS after. WHERE THE HELL WERE HIS ROOMMATES/SO CALLED FRIENDS for 5 days????? “Church?”
Wouldn’t you think that your roommates would knock on your room door after a few days of seeing that your car has been parked in the garage without moving (you must be in your room), you haven’t stepped out? Don’t you think that one of the roommates would have questioned what your doing in your room without coming out all those days??????
That’s weird to me!!!!
If Jodi is too small to overpower Travis, the first scenario below makes more sense to me than the second:
1. Jodi attacking him out of the blue allowed her the advantage, element of surprise, being able to wound him and continue to wound him while he struggled to comprehend what was happening, and start to fight back.
2. Jodi, being surprise attacked by an enraged, adrenaline filled heavy male rushing at her, was somehow able to overcome her attacker.
Martinez is bi-polar, hense the dropping of the camera, and the accusation of racism against the defense attorneys. The jury is NOT going to like him at all, which is good news for Jodi. She’s not walking out of there, but I DOUBT they’re gonna fry her. I say 2nd degree Murder unless the state can PROVE she planned to kill him beforehand.