prosecutorial misconduct - Page 7

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As we wait for the circus to return to town this coming Monday @ 9-15 am MST – check out the latest post below from Jade…

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Before you, as the sitting jury, deign to walk in the footsteps of those brain missing maladroits (who could have sent Martinez back to his rat hole but failed miserably in their duty), let me give a preamble to your instruction. Spelling out the credo and obligation you must unrelentingly never fail to defend as a juror.

IF YOU FIND YOURSELF USING THESE QUALIFIERS, THEY ARE NOT GOOD ENOUGH AND NOT PROOF:

She must have
She could have
She should have
What if
Possibly
I think
Perhaps
I assume
I suggest
Doesn’t make sense that
Maybe
Seems to me
It stands to reason that
It’s likely that
It’s not likely that
Why couldn’t she have
Not logical that
It’s only logical that
Inconsistent with
It bothers me that
My guess is
She may have
Then why didn’t she
In my understanding
Most people would have
I certainly would have
A normal person would have
Story improbable
Emotional because of what she’s facing
It is the State’s theory
Don’t tell me that
I can’t believe that
There’s no excuse that
Doesn’t seem reasonable that
I would speculate that
Certainly she would have
The only other way that
How could she
Why didn’t she…

…and the qualifier above all THAT MUST BE REJECTED at all cost instantly, if you have to resort to using it to support your theory…

IF.

Jodi Arias has been charged with committing the most heinous possible capital crime–willfully, knowingly, and with malice aforethought taking the life of another human being, with that individual being her intended victim. Jodi did not bring the charge against herself. The State prosecution authority of Maricopa County Arizona Superior Court has accused her of committing this most grievous offense.

They elected before trial to raise the charge adding a qualifying aggravator and a second “cheap shot” backup of felony burglary to elevate it to a premeditated murder. Having some perverse unrelenting penchant to want to sentence her to an irreversible fate. This requires the highest near airtight consortium of proof. Not “you think” or “more likely than not” kind of proof. But rock solid elimination of all alternate scenarios that force you not to use ANY modifiers. Do you hear me jury? None!

Jodi Arias comes into the courtroom with an unassailable right to the presumption of innocence. It is not subjective. It is not subject to interpretation. It is absolute. Everything that is presented in evidence must counter–to the exclusion of ALL other possibilities–that a reasonable and prudent person could infer from that same evidence, as being an alternative. If one factor points to guilt but an opposing factor of that same evidence points to innocence or doubt, it is incumbent upon any jury or judge to give the presumption of innocence.

All of the idioms in the list above by their very nature of our use of them in our English vernacular are speculative. They are nebulous and leave open the interpretation to other views. They are conclusive of nothing. If a prosecutor has to resort to them, or you have to resort to them in your opinions to support your theory, it is not the language that meets the standard in a criminal court. There are no eye witnesses to this day other than Jodi. And you must never “assume” she is lying.

It isn’t Jodi’s burden to prove that the prosecutor’s allegations are false. It wasn’t in the early months of 2013 and it isn’t now. It is the burden of the prosecution to prove all elements of their charges. Every single ONE of them. Jodi merely has to raise doubt and show that her account of the events is not “impossible.”

This case reeked with doubt. If I was Nurmi when Jodi was being cross examined, I would have been standing up nearly every other question and saying ‘asked and answered, compound question, improper questioning of my client!’ I would have done it so much, that prick of a prosecutor would have been foaming at the mouth. He asked the same question 3-4-5 times and then would mangle her answer to fit his agenda. He’d string together three questions into one and then demand a yes or no answer. He’s not a prosecutor. He’s a prosecutioner! Listening to him and watching his act brings bile to my mouth.

If you take out his scheming attempts to distort, the prosecutor malfeasance and badgering of Arias, it would have been a 2 day cross examination. NOTHING was elicited that made Jodi’s version of events that afternoon impossible–absolutely nothing. The most trivial thing could have tipped the scales in Jodi’s testimony if she had been lying; something as simple as turning left instead of turning right. And it would have been clear to the world that her story could not be.

But it never happened. As much as anyone might like to twist themselves into a tizzy and imagine Martinez scored that breach, the actions that afternoon of Jodi Arias held up under withering scrutiny. And as long as you have to use the verbal idioms in my itemized list to fantasize that he “did” impeach her testimony, you only prove my point.

There have been no excited utterances heard by anybody or a SINGLE ear witness alluding to an instance of showing Jodi had violent tendencies toward Alexander. Or ever threatened him with bodily harm. I’ll punch you in the nose Travis” — this is the proof the Mexican truth mangler dares to portray as credence that she had a violent side? Oh just shove it. You never said that to anybody, or heard that said by the most mild-mannered person you know?

An officer of the court could actually present this as pattern and practice of somebody he wants you to equate with a Mesa version of Eileen Wuornos? How far do you want to stretch this taffy? Her propensity for aggressiveness toward anybody is non existent in the trial. In both trials. Period! In fact, the testimony is that she is shy, introverted, always acted and dressed like a lady, and was genuinely warm to others. Usually always putting the feelings of everyone else above her own.

You may not like it and it may not be that you want Jodi to benefit by the legal system for the death of a double life gigolo killed in the prime of his life. But when you pass through those hallowed doors of a superior criminal courtroom, all speculation and postulation heard at the water cooler stops and the rules of evidence take over.

It is not the standard determinate of a civil court, where it’s only necessary to show a preponderance of being 1% more likely than not, that a defendant is guilty as charged. It is such a high standard that it must leave NO mitigating doubt.

In a death penalty decision, you don’t have the luxury of the slightest error of being wrong. You can’t say well, she’s just a little bit dead if you’re wrong. Not even two percent wrong! And this case is so lacking from reaching that imperative burden, that it almost makes a mockery of the court’s time.

Notwithstanding how weak the proof of premeditation was already, the doors have now been blown off because we have documented proof–corroborated by witnesses too afraid to be threatened by the Alexander mafia in the first trial–that Alexander was everything she said he was. From violent batteries on females to a full time porn freak. Up to and including the scourge of the earth classified felony of sexually deriving pleasure and getting hard-ons from looking at five or six year olds.

He was the very antitheses of the Mormon image he cloaked himself in. The church would have banned him for eternity if they knew the real Alexander lurking behind the facade. And the police would have been watching him as a prime candidate for a sting operation. It virtually torpedoes the State’s witnesses oh-so sincere camouflage of covering up exactly what he was. Including the violence! Unlike Jodi, the violent predisposition he exhibited, was WITNESSED.

There is a term that is codified and sacrosanct in our system of legal adjudication in nations throughout the free world. It states that the trier of fact shall determine the innocence or guilt of an accused. It does not say the trier of assumptions, the trier of conjecture, the trier of likely possibilities. It says the trier of fucking FACT. It does not give you leeway of allowing yourself to be hoodwinked by a death crazed Spaniard no matter how much he shouts or paces back and forth like a baboon.

The evidence put forth in this case alleging the standard required to prove premeditated murder or first degree murder committed by Jodi Arias, is less than an empty shell. It is a castle built of sand. It is replete with salacious innuendo and compound questions with twisted interpretations. It is based on witnesses who contradict each other and have incontrovertibly perjured themselves. And it is based on idioms that must be employed in my enumerated list in order to contort the facts if you somehow envision a contrivance of guilt that is remotely supported by those charges.

The veritable reality is that this trial is based on an account of a person who was there that afternoon and has given testimony that has never been impeached one iota after she was sworn in. Nothing that couldn’t be torn to shreds or factually countered to the extent that show her relating of events were both possible and probable. And that the events could have taken place just as she stated. In fact, I believe they were INORDINATELY chapter and verse exactly as she stated.

The judge in that courtroom who is bound by constitutional oath to scour every crevice of doubt for possibility of error or altering of fact, has passed off all the prestidigitation and sludge thrown against the wall by this prosecution team in a furtive effort to patch together a predicate for willful murder.

It is not only possibility of ignorance that results in her staggering failure to declare a mistrial time after time after time. Or to not even so much as administer the slightest fine or sanction or contempt. It is startling malfeasance. It is deliberate and contemptible. This prosecutor is not a POS, he’s all S. He defiles the courtroom. And this dilatory Martinez junkie allowing this sham is right in the thick of the ongoing triangulation.

Be aware that it only takes 51% of no ballots to throw her out. Any resident of Arizona that votes to retain this prosecution subsidizing sidebar fanatic in her retention cycle election in 2016 should have their voting card revoked. Imagine that you were on trial for a crime and you learned that the police concealed evidence and did everything but put your fingerprints on a phony gun. And then you learn she was your judge. God help you, if you don’t make that impossible. It’s in your hands and within your power. You better take heed to what I’m saying.

I wish this jury omniscience and insight into making at least one right decision. One that can temporarily bring this sham a smidgeon of righteousness. Take it out of the hands of this amateur accessory abetting this witch hunt. You should have seen enough already to question why Jodi is even sitting in that defendant’s chair. Or why you’re even there. Fucking show it! Let it reverberate through the rafters of that damn place.

Then we will get to the business of letting the supreme authorities who overrule her, invalidate the first abominable verdict and remand a new FAIR aboveboard retrial at the very minimum. Hopefully at the same time permanently insuring the rest of these sons of bitches are chugging a gallon of Maalox a day awaiting their own indictments.

A no-option choice of who would survive that afternoon has been supported by tenets of every law and any unbiased evaluation of the evidence. Jurors… don’t bring shame on this courtroom again.

And take it to the bank all you vigilante Martinez loving meat-heads. It was Jodi who had no option.

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In the meantime…

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Click the links below to read Jade’s previous posts:

The Great Mormon Porn Swindle

Michael Melendez – Perjury Exposed

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Remember…

WE ARE TEAM JODI – AND WE WILL BE VICTORIOUS in our quest for JUSTICE FOR JODI.

Never question it.

Never doubt it.

Leave your thoughts & comments below…

SJ
Team Jodi #WINNING <<<

Click the banner below to read Jade’s post – “Justice Denied: Why The Jurors Got It Wrong & How The Facts Decimate The State’s Case Against Jodi Arias.”:

If you would like to help Jodi by way of a financial donation to the JAA APPELLATE FUND, click the Team Jodi link below for further details. All donations via Justice4Jodi.com go directly to the fund for assisting with the legal fees associated with appealing Jodi’s wrongful conviction. Justice4Jodi.com is the ONLY website authorized to collect donations.

In addition, please DO NOT, under any circumstances, donate through any other website or Facebook page/group claiming to be “official” and/or acting with Jodi’s approval or authorization. The same applies to any “Jodi Membership Clubs”, groups or fake Trust funds that have been set up. These sites are bogus – as are their intentions – and they should be actively avoided. If you are aware of any such sites, please help Jodi by clicking here and reporting them. Thank you for your ongoing support!

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By now, we’ve all grown accustomed to Kermit’s showboating, shenanigans & devious ploys. After all, he built the entire first trial around fantasy forensics, supposition, lies & BS — but naming the affidavit witness three times during the cross of Dr Geffner is just plain unacceptable. Had the roles been reversed then there would have been some serious repercussions for the Defense Team.  Naming the witness simply negates the whole affidavit concept right out of the gate. Maybe that was his game plan. However, to get away with it one time is bad enough, but three times is just inexcusable piss poor. Shouting “Crap!” after it’s been said doesn’t really change that either.

So with Pickles once again playing her evergreen Kermit-bias card and seemingly turning a deaf ear to his antics, all the Defense Team can do is add this latest act of blatant judicial douchebaggery to the already way-too-long list of prosecutorial misconduct incidents on behalf of the State.

No doubt we should expect more of the same today. Kick-off is currently scheduled for 9.15 am MST.

Click here to follow Michael Kiefer’s live tweetingz.  Click here for the current time in Arizona.

In the meantime…

Click the links below to read Jade’s latest posts:

The Great Mormon Porn Swindle

Michael Melendez – Perjury Exposed

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Remember…

WE ARE TEAM JODI – AND WE WILL BE VICTORIOUS in our quest for JUSTICE FOR JODI.

Never question it.

Never doubt it.

Leave your thoughts & comments below…

SJ
Team Jodi #WINNING <<<

Click the banner below to read Jade’s post – “Justice Denied: Why The Jurors Got It Wrong & How The Facts Decimate The State’s Case Against Jodi Arias.”:

If you would like to help Jodi by way of a financial donation to the JAA APPELLATE FUND, click the Team Jodi link below for further details. All donations via Justice4Jodi.com go directly to the fund for assisting with the legal fees associated with appealing Jodi’s wrongful conviction. Justice4Jodi.com is the ONLY website authorized to collect donations.

In addition, please DO NOT, under any circumstances, donate through any other website or Facebook page/group claiming to be “official” and/or acting with Jodi’s approval or authorization. The same applies to any “Jodi Membership Clubs”, groups or fake Trust funds that have been set up. These sites are bogus – as are their intentions – and they should be actively avoided. If you are aware of any such sites, please help Jodi by clicking here and reporting them. Thank you for your ongoing support!

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Leave your thoughts & comments below following trial Day #31.

We’re back again tomorrow @ 9-15 am MST.

In the meantime…

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Remember…

WE ARE TEAM JODI – AND WE WILL BE VICTORIOUS in our quest for JUSTICE FOR JODI.

Never question it.

Never doubt it.

SJ
Team Jodi #WINNING <<<

Click the banner below to read Jade’s post – “Justice Denied: Why The Jurors Got It Wrong & How The Facts Decimate The State’s Case Against Jodi Arias.”:

If you would like to help Jodi by way of a financial donation to the JAA APPELLATE FUND, click the Team Jodi link below for further details. All donations via Justice4Jodi.com go directly to the fund for assisting with the legal fees associated with appealing Jodi’s wrongful conviction. Justice4Jodi.com is the ONLY website authorized to collect donations.

In addition, please DO NOT, under any circumstances, donate through any other website or Facebook page/group claiming to be “official” and/or acting with Jodi’s approval or authorization. The same applies to any “Jodi Membership Clubs”, groups or fake Trust funds that have been set up. These sites are bogus – as are their intentions – and they should be actively avoided. If you are aware of any such sites, please help Jodi by clicking here and reporting them. Thank you for your ongoing support!

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Following on from probably one of the longest sidebars ever (timed at 74 minutes)… plus additional confirmation of TA’s abusive & pedo-riddled antics from the affidavit of witness #1 – today’s circus is scheduled to kick-off @ 12.45 pm MST and finish @ 5 pm MST.

The later start time is to make up for the sidebar delays. Yup. The wheels of injustice certainly turn really s-l-o-w-l-y in AZ…

Click here to follow Michael Kiefer’s live tweetingz.  Click here for the current time in Arizona.

Pics from yesterday:

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Remember…

WE ARE TEAM JODI – AND WE WILL BE VICTORIOUS in our quest for JUSTICE FOR JODI.

Never question it.

Never doubt it.

Leave your thoughts & comments below…

SJ
Team Jodi #WINNING <<<

Click the banner below to read Jade’s post – “Justice Denied: Why The Jurors Got It Wrong & How The Facts Decimate The State’s Case Against Jodi Arias.”:

If you would like to help Jodi by way of a financial donation to the JAA APPELLATE FUND, click the Team Jodi link below for further details. All donations via Justice4Jodi.com go directly to the fund for assisting with the legal fees associated with appealing Jodi’s wrongful conviction. Justice4Jodi.com is the ONLY website authorized to collect donations.

In addition, please DO NOT, under any circumstances, donate through any other website or Facebook page/group claiming to be “official” and/or acting with Jodi’s approval or authorization. The same applies to any “Jodi Membership Clubs”, groups or fake Trust funds that have been set up. These sites are bogus – as are their intentions – and they should be actively avoided. If you are aware of any such sites, please help Jodi by clicking here and reporting them. Thank you for your ongoing support!

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