Jodi Arias Trial Rebuttal Winds Down: Fog, Fugue, Freed or Fraud- Are The Sex Pics From Months Before Travis Alexander’s Murder? Do They Show Arias Broke In?
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...” Why does most human violence occur between those who are emotionally involved, or more technically, within an attachment paradigm?
Dr. J. Reid Meloy from Violent Attachments
Phoenix, AZ- Arguably the best psychological witness presented at trial, Dr. Janeen DeMarte, clinical psychologist, took the stand last week as the first witness in the State of Arizona’s rebuttal case in the trial of Jodi Arias for the murder of Travis Alexander.
In stark contrast to her previous behavior in court, Jodi Arias refused to look at Dr. DeMarte on the stand, and feverishly took notes or whispered to her attorney Jennifer Wilmott through the State’s direct examination of their witness.
With one exception. When Dr. DeMarte was asked by Prosecutor Juan Martinez if Jodi Arias was a victim of domestic violence resulting in battered woman syndrome, Ms. Arias looked up for DeMarte’s answer. “No.”
After a battery of psychological tests were completed and scored, and approximately 12 hours of clinical interview with defendant Arias- Dr. DeMarte diagnosed Jodi Arias with Borderline Personality Disorder. Dr. DeMarte had the added luxury of having her home vandalized and her laptop stolen following the start of the trial. That information was not shared in open court.
Significant from a psychological evaluation perspective, Jodi Arias’ expert witnesses Alyce LaViolette and Dr. Samuels felt Arias was suffering from post-traumatic stress disorder (PTSD) as a result of the killing of Travis Alexander on June 4, 2008 at his home in Mesa, Arizona. Only Samuels was licensed to test Arias similarly to DeMarte, and it appears the results were very different. Samuels testified that he never re-tested Arias after he learned her accounts of June 4 were fabrications and that was an error on his part in his finding Arias suffered from PTSD.
Cross examination of Dr. DeMarte induced a migraine headache suffered by Arias (her 3rd since trial) although she is taking Imitrex for the condition. Earlier in the day, Wilmott began her cross by repeatedly stating that DeMarte was practicing therapy without a license prior to her licensing exam, to which DeMarte responded “That is not correct, it is permitted under the supervision of a licensed psychologist, which I was.”
Wilmott went on to question DeMarte’s credentials specifically related to expertise in domestic violence and her current knowledge of the practices of Dr. Lenore Walker- largely considered the pioneer of domestic violence research and testing. Walker’s work is novel within the psychological community in the area of the battered woman syndrome diagnosis.
Wilmott unsuccessfully tried to trip up DeMarte by suggesting that Walker no longer uses her own 6 point scale to include the possibility of battered woman syndrome to which DeMarte replied, “I would say that you are being inaccurate.”
DeMarte completed her testimony with very limited juror questions, although it was clear that a juror or two was not sold that Arias’ only disorder is BPD.
While DeMarte represented the State well in my opinion; Jodi Arias remains the round peg in the jello rhomboid to me. Too many unanswered behavioral observations from a criminal profiling perspective to fit into the BPD mold.
Prior to the start of the State’s rebuttal case, defense counsel Kirk Nurmi recalled a witness for the defense who never made it into the witness list for trial, Mr. Bryan Neumiester.
In previous hearings where Neumiester appeared as an expert for the defense in the authentication of the May 10, 2008 phone sex recording made by Arias, the State agreed to a stipulation that it was indeed Travis Alexander’s voice on the tape, and that it was made on May 10.
In earlier testimony Juan Martinez elicited from Jodi Arias, Martinez accused her of recording the tape without Alexander’s permission or knowledge. Arias was forced to admit that at no time is the fact that the conversation is being recorded heard mentioned by either party during the recording. More on that recording in a bit.
Neumiester was able to magnify the very haunting last image of a live Travis Alexander’s face in the shower, specifically his iris, and gain agreement via stipulation that the reflective image contained therein is that of Jodi Arias. She was not holding a gun or knife and the image was time-stamped correctly.
This was the second time Juan Martinez agreed to a stipulation from the same expert witness regarding the recorded media, both digital and audio in this case- outside the presence of the jury.
Mr. Neumiester is an expert witness for colleagues in Mr. Martinez’s own office as well as the Mesa Police Department. Might suggest offsite meetings going forward.
The final witness listed for the State’s rebuttal case is an investigator for the Mesa County Police who specializes in computer forensics, Detective Robert Brown. Detective Brown describes himself as a Computer Forensics Detective:
As a Digital Forensics expert, I possess attention to detail in my forensic capability, as well as the ability to explain complex technical concepts in a non-technical manner.
In the course of my regular duties, I also perform the following:
-Support ongoing internal investigations and litigation matters
-Utilize a variety of forensic tools (Encase, FTK, Helix, Cellebrite, Wireshark, etc.)
-Perform storage forensics (for example, hard drives, phones, USB storage)
-Perform network captures for traffic analysis
-File-system analysis and file carving (for example, to extract email, documents, and other trace evidence)
-Identifying , collection and analyzing electronic information, relevant to a case, incident or event of interest
-Establish timelines and patterns of activity of individuals and electronic devices and software
-Following forensically sound practices, including preserving chain of custody
-Efficiently and effectively report progress, risks and issues associated with assignments to varying levels of management
Following sound practices including preservation of chain of custody is looking like a welcome addition to this case.
In testimony from Detective Michael Melendez where the images allegedly taken by Travis’s camera were recovered from the deleted or unallocated portions of the memory stick via Encase software we learned that the infamous afternoon of highly graphic sex images of both Travis and Jodi that were dated and time-stamped on June 4th took place that afternoon prior to Travis’s murder.
Thus, making Jodi Arias an invited guest.
As an invited guest spending the day indelicato delicto, it certainly makes it difficult to prove the felony murder charge she is facing- and does not help the pre-meditation or murder in the first degree allegation because the basic motive is that Jodi went there to murder Travis because he was not going to take her to Cancun. While certainly a possibility, I would offer that just about every psychological professional who sat across from Arias missed the fact that she literally saw her old boyfriends more than once along her trek that ended up with her last breakup. Weird, yes.
Otherwise known as a raging sign of dependent personality disorder.
…” You are the worst thing that has ever happened to me…”
-Travis Alexander
According to the text messages back and forth between Jodi and Travis the weeks prior to his murder, it was patently clear that Alexander wanted Arias out of his life for good.
Has what the state since learned after having Jodi on the stand under oath and repeated in cross examination opened the door to further investigation of the electronic media in this case in preparation for rebuttal? Looks that way.
Keeping in mind that the phone sex recording was May 10th. About a week later, Arias testified, she thought the phone was stolen. She alleges it was found by her Aunt in 2010 in her grandfather’s car. This would be the same aunt that she pointed out in court, and who has not been seen in court in weeks although she had attended daily.
Arias writes in her journal entry May 22, 2008 that there are several explicit photos on her stolen phone, and 2 recorded sex tapes. In 2010, Arias though her attorneys, deliver this phone into evidence with no chain of custody information in a then 2 year old case. Miraculously, this occurs just as Arias is moving from the “maybe not the ninja’s” defense. From the defense perspective it has some statements from Alexander on it that they feel support’s their defense. From the State’s perspective it proves that Arias was certainly very open to the sexual practices of the couple and never felt abused, nor was she put off by the comments by Alexander.
A win-win for both sides so why not agree to its stipulation, right?
Is this why Juan Martinez was hammering home the journal entry written about the “fruitful imaginations” the two explored, causing Arias to miss Lonnie’s christening?
The infamous sugar fest that takes place just before Arias allegedly walks in on Alexander in masturbatory behavior where some image of a boy lands at her feet on January 21st? I note that one of the pictures allegedly from the June 4th date seems to show Alexander engaged in some self-satisfaction that ended with a surprise photo taken from the point of view of the chair next to him.
You’ll see where I am going with this momentarily.
Zulu Time Sex Chat
I have listened to the recording more times than one should have to, and I note that within that conversation ( which is clearly edited, you can hear the fast forwards or dead time during the recording) the sexual tryst they discuss sounds very much like what was captured on the images as presented previously as occurring on June 4th. If you have no concern about losing your lunch, it can be found here. Because of the nature of the material I am not quoting directly.
Graphic Warning, Sexually Explicit Material
Points in Conversation that Match Images
- Jodi discusses her fresh Brazilian and her being unsure if Travis would like that. She mentions Travis wakes her up after she fell asleep in the chair by preforming a sex act on her. There is no question that Jodi is freshly waxed in those images.
- Travis discusses the point of view shots of her “anatomy”.
- Jodi mentions that her hair was IN BRAIDS. In the police interview Flores refers to them as pigtails and Jodi responds “Are you sure it’s me, pigtails? They are not pigtails, they are braids and it is through this verbiage I believe we see Jodi restate that the pics are from another time. She is adamant on that until unfortunately Flores gives it up he has those 2 pics taken from the scene accidently.
- Jodi asks Travis to check out her new profile pic, he does, tells her how photogenic she is, and at no time says… O, you changed your hair color to brown. We know she took pics from her own camera May 10 and she was a brunette. Arias testified her hair was brown prior to leaving Mesa.
- Travis mentions the introduction of KY into the relationship. It is laying on the bed in the images, however, he says during the call when he is masturbating he is using Vaseline.
- Jodi mentions next time they have a photo session that she would like to have makeup on. She has no makeup on in these images.
- In a very close-up point of view shot, it appears Ms. Arias is using her vaginal canal as a tootsie pop holder. The tootsie pop incident occurs only once and prior to June 4th as it is discussed during the tootsietape.
I am aware that Det. Melendez says that the timestamps are from the image files, however, he never offers any explanation as to why some have it and many do not. Nor is he asked how if Neumiester was able to pull EXIF data identifying the shower image as taken from Travis’s camera from a similarly deleted image, why he was not able to. Likely why Mr. Neumiester was kept off the stand via the State’s agreement to the stipulation that has the legal community scratching its collective head.
My current thought bubble: Why would the prosecution take the murder weapons out of the hands of the suspect and in one fell swoop support her account of events as opposed to allowing Judge Stephens to rule on the Daubert hearing?
My current thought bubble response: Because it opens the door that has a little bottle labeled drink me on the other side.
Exhibit #215 Is Fat
No, not a person. The blue SD card labeled exhibit #215, confirmed by the State by its two witnesses Heather Connor and Det Melendez to be the card where all deleted images were extracted.
There’s just one problem with that. Well, maybe two. Connor stated it was located in the bottom of the washer along with the camera battery cover, which were separate from the camera itself. In fact, one can see the battery pack in the camera from the image taken into the washer.
Melendez stated he found the card or memory stick inside the camera when he opened its cover door.
Duo v SD blue
How did it get there if he was the only one who handled it, and how does he account for the fact that it is definitely not compatible with Travis’s camera a Sony (insert model).
Travis’s camera used a proprietary Sony duopro memory stick which is thinner and rectangular, and included notches for locking the data contained on it. The blue SD card cannot and does not fit inside the camera.
SO….
How does one account for the fact that there is only one card located in exhibit #215 and it is indeed now a Sony duopro, and it is NOT the same card pictured in the envelope presented by Thomas through prosecutor Juan Martinez.
As much as it pains me to say this- Jodi told them that herself and Det. Flores confirmed it during their interview on July 15, 2008.
Excerpted in pertinent part, my actual case bench notes from 4/2/13:
1:57 starts discussion on card- notes for review, upload and feedback
JA: To me pictures are very compelling but I know they can be modified, altered and I don’t know but I think date and time stamps can be tampered with.
Flores: we did not modify anything. Say like a computer, we take a mirror copy of it, and we don’t even touch it…. That’s exactly what we do with the photos. We don’t work with the originals and we make an exact duplicate copy and we work with the copy..And our guys are so good, that every case that I know of, has never been lost in court
(Note b: That sounds dangerously like no jury will ever convict me, ugh.)
8:34
Arias begins to ask Flores if they have her camera from storage.
Flores responds do you remember taking these pictures?
Arias: we took many pictures, vaguely
9:00
Arias in response to Flores saying they both deleted everything off both or all devices (sic) says prior to Travis getting his camera, all those pictures were on her camera.
Flores: All these same pictures?
Arias: I dunno, we took a bunch the week before I left
Arias: What I am asking is it possible that my memory card is in his camera? They are interchangeable.
(Note b: This may be why she needed the software and cord found in office. Ref my observations that the cord image appears to have red staining, but was not marked for testing. Imo, this is why she states they had sex on the desk. She knew her DNA from the cut would be there.)
Flores: How do you know they are interchangeable?
Arias: That’s why I am asking.
Flores: Just a regular ole standard SD card.
Arias: That’s why I am asking, cause I’ve got one that is like, this big (Note b: draws on his pad lefty)
For my professional camera it is like long and think like a cracker. My other one is more like this big (note b: Draws but in context shown to be larger than the first. She is indicating they are 2 different sizes.)
Flores: they are not interchangeable…His camera was here and your camera was there, why would those be on his camera?
Arias: My camera in storage that is broken but it is still there, I had several memory cards for it that I don’t have any more, and I guess what I am saying.
Flores: so are you saying all these pictures are on that camera?
Arias; no, it’s so farfetched but I guess it’s possible my card fits
Flores: So you’re saying maybe somebody took your memory card?
Arias: No, what I am saying is that if I left my memory cards at his house he could have used it in his camera. (Note b: This is prior to the trip to the big house. Please note how incredibly detrimental it is to call your suspect on the phone and tell them about all your subpoenas and warrants coming her way six weeks earlier- tends to lead to destruction of evidence, witness tampering, I could go on.)
Of particular interest, was Flores’s commentary that the experts on the hard drive and imaging testing (Melendez et al) have never lost a case where they presented evidence?
While that may be true, there was more than a few things he got wrong in that exchange.
- While on the stand initially calling the duopro card a SIM card, Melendez stated that SIM cards are smaller and primarily used in phones. This is an incorrect explanation. The storage format Martinez was referring to as a SIM is actually Micro SD. However, no micro SD cards have been admitted into evidence at trial.
- In Flores’s interview, he expressly stated that the analysts DID NOT work with the original card or cards in the case that they only make a copy, a mirror copy and work with that. Again, incorrect as we heard Melendez testify that he could not read the card removed until he placed the card directly into his “forensic machine”. No copy was ever made and the images recovered consisted then of deleted and non-deleted items from the card Melendez testified he removed from Travis’s camera himself.
Is it possible Jodi is correct, and Travis had an SD card from her camera and that was the camera used to shoot the tawdry tryst? Whereby he subsequently loaded the amateur effort himself onto the duopro card via the USB attachment and software loaded on his computer? If indeed Melendez was able to recover the deleted images from the duopro card, this would account for why the romp images were on his camera card although Travis and Jodi had not seen each other since its purchase.
Travis also had a Sony video camera that would also use a Sony duopro card enabling him to use the one he had in both. Travis’s video camera has not been referenced as evidence or an exhibit in the trial to date.
Potentially solving the dilemma of how the images get on Travis’s camera- if in fact they predate June 4th unfortunately does not address either how two of the state’s own witnesses testify differently about the same pieces of evidence that cannot possibly be the same storage device or the problems in chain of custody of same.
If Jodi was not the invited guest she claims she was as evidenced previously by the pictures thought to be taken on June 4th, what was she doing there exactly?
Did Travis Alexander even know she was in the house before he spots her holding something other than a gun or knife as he looks out of the shower for the last time?
Travis’s roommate Enrique’s statement to Flores seems to support the theory that at the very least, he was not aware Jodi was in the home when he spoke to Travis that morning and Travis shared he had not gotten any sleep. During her interview Jodi knew nothing of the new second roommate (until Flores outright told her about him and that he was at work) but she definitely would have if she came in through the garage because his car was parked in it.
Does this lend credence to the screen outside being removed by Jodi to the office window laying on the ground for entrance purposes?
Court resumes tomorrow after a closed hearing today. With the general public consensus after a nearly 4 month trial that most are no closer to the truth about what actually happened at casa de alexander on June 4, 2008 other than the outcome, this jury has its work cut out for them.
Please join me this evening discussing this case on THE DANA PRETZER SHOW- LIVE at 9PM EST.
Contributing Editor: Jacqueline Beaufort
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The ME in the autopsy indicated that the brain was intact although there were the conditions present that were caused by five days of decomposition.
Dr. Geffner did not support either of the two witnesses regarding Jodi’s mental condition. Stating that he had not interviewed or tested Jodi. However he did state that he on two occasions had patients that were shot through the frontal lobe and were not put on the floor or unable to function. There was even a case that I remember where a guy had a rod driven all the way through his head front to back and was able to drive himself to the hospital.
JM is picking apart some of the things that Dr. Geffner discussed about the levels of the scales on some of the tests.
Was Jodi a professional photographer? We have not or I have not seen any of her work related to weddings or other professional work. Could she be an expert on the camera? Maybe. We have to remember that many young people of today grew up with electronic equipment and they are not afraid to experiment. Since, they being young, are not worried about damage and the cost of repair or replacement, they try things that older people will not do because of the unknown results.
Jodi’s camera was reported to be in storage in a broken condition. Makes one question her ability to take care of things.
Recall that in re Arias’ deposits into accounts and financing her trip, Paul Stern who lived at Ventana stated, “The day before she left she was pretty frantic that she had to go back and see Travis, that he was seeing other people and she asked to borrow money and I gave her money.”
The money was paid back, according to Stern.
He stated that Arias would sit next to him whenever she was in there, and that looking into her eyes was like looking at a two-way mirror.
http://www.youtube.com/watch?v=sLUizc-cklg
Frantic? Had to go back and see Travis? Smacks premeditation.
I am not interested in summary scales. I’m interested in putting someone away that over-killed a man three times in lieu of running from a (purported) situation, subsequently purchased a gun and then loaded that gun and knives into her vehicle in anticipation of going camping with other men whose names she cannot recall.
IF Arias believed her life was in danger, she had the chance to not drive to Arizona and in any event once there, to run. She had chances to run, stop, to call 911.
No testimony has indicated nor proven that Arias’ LIFE WAS IN DANGER when she voluntarily drove to, entered and made her way around Travis’ private home on June 4.
Psychological disorders aside, Arias is extremely dangerous and needs to be removed from mainstream society for her lifetime.
Jury questions. Oh, Arias is sitting up and paying attention now. Earlier today I could have sworn she whispered to JW, “How do you like my drawing? Do you think I should color her dress cyan or cerulean?”
If I was a juror I would be thinking she was drawing me. Maybe that is the intent.
B
Good morning Blink and blinksters. I am getting tired of this trial as i hope it comes soon to an end.
Decided by me JA would be serving her natural life in jail without possibility of parole by now .
I think all is said and done in this case and i hope for Travis and for his family that there will be an appropriate sentence at the end so they can find a little peace and go on with their life.
Hoping for good closing arguments by mr. Martinez.
Here are some descriptors for different personality disorders that I found helpful. Has the Histrionic Personality Disorder been discussed here? Is it still current in DSM? Does it apply to anyone involved with this trial?
Blink, will you tell us if believe that Travis sat on the shower floor of his own free will or do you think he was ‘ordered’ to do so by his assailant?
I can tell you that court is still in session and my profile is starting to float !
B
Ah ha…JM is now getting to the bullet injury to the brain and Horn’s findings….JM “Mr. Alexander was already dead” when the gunshot wound to the head was delivered. Dr. Geffner agrees with JM that Horn’s findings as an ME holds more weight than his (Geffner’s) opinion.
yikes – Did Horn just say that the report had a typographical error?
What does that mean?
isn’t that kind of… um… not good?
epic fail. Whether or not something punctures or penetrates the dura ( please check my earlier comments pointing this out) is not a typo.
B
Enter…Dr. Kevin Horn, ME (Jodi looks shocked) Travis’ family, eyes shut heads lowered same with Arias family. Horn “Brain had consistency of tapioca” “no hemorrhaging” indicating death from bleeding out due to other injuries. Being grilled by Willmott regarding degrees of decomposition. Horn also being grilled about a discrepancy in his findings regarding dura mater involvement not being mentioned in his report (serious error for ME’s report imo).
Forensic Psychologist called by JM now testifying about validity of traumatic event tests administered to a person who has lied.
5
Powerful testimony from Jill Hayes Forensic Psychologist. Court resumes tomorrow /closing arguments at 9:15/pdt 12:15/edt.
I thought JW would hyperventilate, crossing this last witness. She and Arias appeared quite threatened by her.
How does an ME make a typo error on a capital murder case report and no one notice? Yikes.
Who closes first?
The State.
B
@GraceintheHills says:
May 1, 2013 at 9:53 am
@ Mom3.0
@Amys Sister says:
May 1, 2013 at 10:42 am
Hello my dear friendies, Thank you so much for ur responses to my comment. I appreciate each of you and your contributions to BOC. I tip my stetson to ALL OF YOU who are determined to be Travis’ voice. He was a ray of light in this world.
Amy, interesting you’d bring up her myspace. I realize many won’t agree with me and that’s ok. I’ve been ,,,how can I put this…..dealing with the powers of spiritual warfare, both good and evil, in my life.
Know thy enemy. Relentless. Masterful. Desperate. He will use any crack to get at you….
That being said….have you noticed her myspace? Pentagrams. Wiccan references. I can’t open her page….I’m on my momma’s APPLE and I’m virtually helpless. Not to mention this dinky Lollipop Guild- friendly keyboard of hers is leaving me to hunt and peck. Im ready to pull my hair out.
Jodi has been exposed to the occult. Her page is dark. I’m prepared to hear that Wicca is not evil, nor are those who follow. As a Christian, you can’t follow God and a path that leads you away from Him. Wicca comes across as a very gentle, loving way to live one’s life…but it is Godless.
One thing I know most of us agree on is that evil is present in this case, and in Jodi. This isn’t something that can be disputed in a trial….but the wicked one is the best strategist in the world. He’s been at it since the time of creation. He also knows scripture, verbatim. I have no doubt the evil element is attached to Jodi….and Travis saw it and recognized it. So did many others who met her.
Bottom line…..her myspace gives me the shudders and says it a lot about her soul’s spiritual state.
AJMHO, posted with peace and reverence to all. xo
PS…how do you open another window on APPLE without losing the one you’re on. I was hoping to view JA’s myspace but I’d lose BOC.
PSS….and a special shout out for all those who are detailing the trial . I missed the past few days. I appreciate the 411 as BOC sees it! xo xo xo
Has there ever been or will there ever be another juror question like this one?
10:16 p.m. ET: Juror question: Why did you write in autopsy report that the membrane that protects the outside of the brain was intact but the brain was damaged?
Dr. Horn said that was a typo, and it’s just part of their standard from.
10:18 p.m. ET: Dr. Horn agreed with Willmott that it was a mistake, and that he should have made sure that his report was accurate. He also said the membrane had to have been punctured due to the track through Alexander’s skull. Dr. Horn is done testifying.
Inda- great question. Imo, not likely. This jury is calling it out. Scares the chit out of me. Nobody is going to like this, and for that I am sorry, but JM should agree to included the manslaughter at this point instead of leaving it to the Judge. If this jury hangs I can promise you he will not be trying this case himself.
I am still getting use to the jury question thing, but overall, it is still a barometer, imo.
B
Blink, I am not sure Horn’s misstatement is an epic fail. In
all the criminal cases I have been involved in over the last twenty years, I have seen so many errors that were only “discovered” at trial. No trial, no testimony, and no witnesses are ever perfect. They make mistakes and they hope that their mistake doesn’t prove insurmountable.
Here’s what we know: Travis is still dead. His body was butchered by a maniac who stabbed him 29 times, slashed this throat back to the spine, and shot him in the face. She left him in the shower to rot. Arias has lied, and lied, and lied again. The jury has seen all her heinous handiwork up close. I am sure they are ready for the instructions and I wish them luck.
Very true Grace- I absolutely agree overall. Here is the problem as I see it. Dr. Horn as proffered by the State became a critical witness to the capital charges in this case, and he came late to the party so to speak.
Up to and including the aggravators hearing ( which by the way all were rejected except f6- enter the shot last theory). So for me, he already testified outside his expertise- disagreed with the state’s own case via Flores in the first 2 days of testimony.
The jury starts the journey of disjoint. There can be no doubt Horne makes or breaks the State’s theory, especially as he is the only link to their actual theory, which is really still some sort of secret or worse- unknown.
FF to today. Geffner was mildly effective in the neuro incapacitated v ambulatory argument because he backed it up with practice-based experience. It was then “highlighted” by the gaff in Horne’s report disguised as a typo. As I type this, I cannot believe he actually said that. The jury questions and then lack thereof tell the story on the effectiveness of a ME in a case with a GSW and 29 stab/incised wounds with a 6″ neck slit. You don’t see that everyday.
My long way around to say- now what does the jury have to fill in the blanks? Themselves. God Be With Them, Indeed.
B
Why is this dragging out the defense just keeps asking the same thing Jodi has probably been reading up on
Borderline and all the other stuff PTSD
@lyla. don’t think Geffner said ME had more weight.
Think he said it was up to ME to make physical findings, which he relied on as true & accurate to extrapolate what those findings meant in terms of neuropsych brain functioning (TA’s capabilities to ambulate, plan etc). That is, ME’s findings were the necessary basis for his opinion of what a similarly injured brain could do within certain parameters broadly or narrowly.
@Jden. re drawing. Did you see her eyes frequently segue surreptitiously early on today to the right? same spot.
Then she’d draw gingerly. I was unsure if she was drawing JM or a TA sib. Found it offensive.?
no ? intended above re her drawing.
$&$x auto incorrect.
Confident based in comments over time GraceintheHills is head & shoulders above me in academic & clinical experience & judgment. So appreciate yr perspective.
Having seen only pieces today & missing much of cross, & with missing defense brain damage whatever, my own take is despite the drone factor for a lay jury & snoozedom for non-neuropsychs, Geffner is my personal clinical hero now. nailed it re tests, usage, validity, choice of, & professional administration standards. great judgment. incisive & plain spoken. , nailed it on diagnoses protocols & bases for same, and just about everything he testified to.
Willmott came off as an inept $&$X only in my personal opinion, and JM was not far behind. This is a race of fools to the finish. Defense should’ve jettisoned Samuels & ALV & just used Geffner initially to test for themselves on their case theory (ptsd), but imo they lacked confidence in their client (who knew what testing would’ve shown?).
I am especially pleased the professional standards flaws of Dr D were pounted out. Imo she was no more than a puece of work who should stick to lucrative leadership management in for profit health care venues, at which she seems gifted, rather than testing & clinical extrapolations from testing.
oh, and I well remember a neuropsych using an anecdote after testing my son about a judge who sustained a right frontal lobe injury but lacked insight about his disability & felt he could stay on the bench. plenty of frontal lobe injured soldier on. think G Giffords.
Cheese and Rice, had not thought of Sen Giffords- good call Rose.
B
whodunnit says:
May 1, 2013 at 9:05 pm
yikes – Did Horn just say that the report had a typographical error?
What does that mean?
isn’t that kind of… um… not good?
epic fail. Whether or not something punctures or penetrates the dura ( please check my earlier comments pointing this out) is not a typo.
B
I’d love to check your earlier comments. Where could I find them?
I’m wondering if JA is on a new med or a higher dose in terms of somnulance.
Sadly, I will be back to a 10 hr drive at the onset of closing. Relying on your reports…..
Be safe and I am not sure because today was a marathon, but I have noted a change in her behavior.
That said, I still say there is a pod with her human skin in the backyard somewhere. She phones home.
No disrespect to the clinical professionals that are kind enough to be patient with us “nons” or me with the relative criminal inventory-based training and education- but MAN…. I do not feel like anyone really has a solid DX on this girl. There are not enough datapoints in the free world.
Not being glib. Well, maybe slightly. I say put a crock of crickets within reach of Jodi and see what happens. Shark eyes, lol.
B
at this very moment, watching Horn reprise.
As he sat & waited for questioning, his fidgeting
& affect suggest he has issues I can’t go into here.
He said: This person would’ve collapsed due to
frontal lobe tumbling
in a second or two
He was asked: Within seconds, there is no blood left in the brain?
Yes, he said. Defensive.
Personally imo he lacks competence to generalize from his
medical findings to brain functionality .
What worries me is how jittery and worried he looks overall.!
Blink, I must ask you, after hearing all of today’s testimony and the questions from the jury, as well as, observing said jury, do you have any sense that perhaps they “get it” as far as what JA did to Travis?
I realize that one can never know exactly what is going to happen, but I guess to be clear, I am asking if you noticed any discernible difference in the jury’s demeanor etc. which would lead you to at least consider the possibility that a conviction is possible without the lesser charge of manslaughter?
Possible- yes. I am going to be praying for that. Where Juries are concerned anything that can happen, will. I also believe JA courtroom behavior and her doodling and erasing nonsense are being observed. No tea leaves for this gal.
B
blink writes:
epic fail. Whether or not something punctures or penetrates the dura ( please check my earlier comments pointing this out) is not a typo.
B
——
I just watched that testimony again- the true fail was that Horn did not answer the juror question and Martinez didn’t bring him back to answering it fully. Horn had the chance to explain, but he was so thrown at what he saw on the report, he dropped the ball.
I think it was a genuine moment on the part of Horn, I do believe that was the first time he saw that, and he addressed only the first part of the question because he was confronted with the error he made, and that mattered more to him than anything else at the moment.
The juror asked a kind of compound question- I cannot quote the juror question, cuz i didnt write it down and I cant find it on line yet- but the question was words to the effect: If the bullet didn’t go through the sub dura ( again I am not remebering the term exactly, but I think you know what I mean), what kind of damage would it have caused to the brain and can you explain that.
Horn then referred to his report, I believe in order to address the FIRST part of the question. Then he was shocked to find that the report did not say the bullet had penetrated the sub dura. He never got around to explaining the damage that could have occured in any event.
This question was in reference, I believe, to what was stated earlier about the ” shock waves” and the ” temporary cavity” that would occur with the impact of the bullet. I do think it is quite logical to beleive that , even if the two patients Geffner examined who had sustained a gunshot were not incapacitated when he saw those patients, a shot in and of itself would have incapacitated a person to the point of not being able to defend themselves, even temporarily.
I think it is reasonable to believe it would have knocked him down, if he were alive, as Horn said.( We have discussed what that could mean- that a 25 caliber would not kill a man, , cases of people getting shot in the head and living etc,) We have all seen that, even after getting knocked out in a boxing ring , being down for the count, a boxer can get up and walk out of the arena….
I wish Horn and Martinez would have taken a beat to fully understand the question so they could have gotten Horns answer out. His whole testimony was based on his opinion that the gunshot had occurred last. It is possible that, again without being flummoxed, Horn could have pointed to other elements of the autopsy which supported the injury as being one that went through the sub dura.
I think that martinez really did not think that Geffner would be allowed to testify to brain function and ballistics. They had that decided by the judge only this morning. And that was a fail too.
And the fail in the bigger picture, is that the State did not truly prove the sequence of events, beyond the testimony about lack of hemmoraging in the brain.
I do think that the lack of hemmoraging in the brain synchs up with State theory that he had been injured fatally before the shot- at least enough to compromise any blood flow in the brain.
And I have always thought that the murder took place in stops and starts- initial stab ( s), shot, more stabs- but that is just my opinion.
If the jury believes that the gunshot came last, I can see how they would cut Horn some slack for a typo
But if they are the kind of people who would cut slack, they could just as easily do that for any of the other witnesses – all of whom had flawed testimony. All of them.
Four months of testimony has covered so much terrain, I can’t imagine how either side can sum it all up, but the burden is on the State…. and we shall see.
Just watching this whole thing and going through it with such a smart group has taught me more about critical thinking than I ever imagined. I wanna thank every single person who has cared, and taken the time to figure out what is right and what is wrong!
I don’t know what your starting point was who, but your post is one of a seasoned critical thinker, imo. You have an opinion on the case, yet you weigh and evaluate from both perspectives and layer with reason as a standard. Well done.
It is all about the advocacy in the end.
I totally agree that Horne was caught off guard. This is my point with an exclamation wrapped in a bullhorn shot by a tshirt gun- this SHOULD NOT HAPPEN in a death penalty case. How is it the very professionals tasked with this endeavor do not catch what is seemingly obvious? It takes one juror to be affected by those observations to the point of reasonable doubt. I really do not think I am oversimplifying in a trial that is 2 months too long.
B
You know Blink ptsd or not, bordeline or not, shot first or last, would have been Travis an abuser JA would not live by now to tell. Travis was naked under the shower, she was dressed and the front door was open for her to flew the situation what ever the situation was. Travis was left behind with a shot in the head 29 stabs wounds and his troat slized from one side to the other. Would have been JA a man we were surely trough with this trial by now. Too much attention for ms.Arias for me and at the end we will have jurors that will be emotional too involved in a thousand lies facing thousand perspectives of a crime scene. Not a good starting point to analyse and decide for a sentence for the heavy indeed. Anyway i hope for the best and i hope ms. Arias will not be abble to walk your streets in 10 or 12 years from now. This would be a great injustice.
It bothers me that this case has been brewing for 4 years and nobody actually read the autopsy report.
It bothers me that the defense, as far as I know, never hired a forensic pathologist to review the autopsy report.
From the beginning, it is obvious to just about everyone that JA killed TA. The real question is what level of killing this is (murder, manslaughter, self-defense, prison vs execution, etc. The defense’s only potentially effective strategy is to create reasonable doubt. Therefore, it would seem prudent for the defense to challenge every piece of evidence presented by the prosecution. We are at the end of the trial and they just decided to challenge the pathologist. What the …?
There are so many things they could have done differently.
1) Hire a legitimate forensic pathologist or neurosurgeon to testify that low velocity injuries to the frontal lobe are not always immediately fatal.
2) Hire legitimate professionals to testify about abuse, PTSD, etc. instead of picking the first name that came up in a google search.
3) Prepare witnesses before trial.
4) read the pathology report
One final comment. TV shows such as Quincy ME and Body of Proof suggests that medical examiners are the smartest people on the planet and seem to be pre-eminent experts in every single facet of medicine. ME’s “treat” patients who have died, not the survivors. They are experts on people who have died from gunshot wounds to the head, but have no expertise concerning survivors. The real experts on gunshot wounds to the head would be trauma surgeons or neurosurgeons, not neurologists or psychologists. Why didn’t the defense team consult a trauma surgeon or neurosurgeon?
Yes Sir. If you are asking me, I have not only read the autopsy report, I can recite it. Not being arrogant, I don’t find that a particularly usable skill, but I do feel that writing about a case and answering queries about same require that level of knowledge -for me-. I am not an ME and/or a Forensic Patho, but I am trained to analyze those reports as a component of deliverable in my practice- as well as the medico legal investigative reports accompanying same.
And to your point- yes. It happens. It is just never acceptable. There is no such thing as fill in forms in autopsy- or there should not be a template. This autopsy had to have been video’d, and on file. The report available publicly is redacted. No idea why.
I am on record here. Experts needed. check. Testifying outside of scope. check. Forensic case. check. Autopsy does not match scene. check. I could go on. I have as some would say- ad nauseum.
Imo, the forensic and autopsy evidence have never been offered in this case to certainty, or to an expert scale for a reason. For the state, it supports a struggle- which apparently someone deduced was a bad angle in a man with 29 stabs/incised a GSW and a slit throat. For the defense, they invite experts that can point out issues that contradict their case in chief (defense). In fairness, we have no idea if they tried this, it would be considered work product.
That said, I do not think this defense team has a clue. I say that respectfully as I can. Neither side in a high profile death penalty case shines my reflection in the mirror as my Poppa used to say.
B
Blink, Linda is the young woman Travis dated when he was in his early twenties. The engagement ring he bought for Linda was allegedly stolen by Arias.
Oh- Idk about the link- that was from a screen catch from tv I think. But Linda was the recipient of the engagement ring that Travis bought that Jodi stole. She was interviewed a few nights on Dr Drew and read the poem he wrote her after they broke up and that’s where the printed copy was shown. She came across as a nice girl- her last name escapes me at the moment..
Did anyone actually READ the autopsy report. Most likely the report was dictated and transcribed and the busy ME only glanced at the final summary before signing it – things like this happen.
But … the ME should have reviewed the report in preparing for the case, he should have notified the prosecutor (if the prosecutor didn’t discover it on his own), who should have amended it and notified the defense of the amendment. The defense should have consulted an independent forensic pathologist, but I know of no record of that.
There has been discussion about the timing of the gunshot wound (GSW) to the head, but neither side has produced a true expert on this matter. Medical examiners on TV are incredibly brilliant and experts on every single facet of medicine (and on Body of Proof are also incredible attractive and walk around in high heels). In real life, however, the experts on the IMMEDIATE effects of GSW’s to the brain are trauma surgeons and neurosurgeons, not neurologists, psychologists or pathologists (who as the juror pointed out, do not treat live patients). If this issue is as important as it seems to be to BOTH sides, why wasn’t an expert produced? My guess is that the truth was not beneficial to either side: Most GSW’s to the brain produce immediate unconsciousness due to a concussive wave transmitted through the entire brain – this does not help the defense. But, some low velocity injuries, especially to the frontal lobes, do not – not helpful for the prosecution.
This is a tricky case. JA obviously was involved with killing TA. But, it is a bizarre crime committed by a bizarre woman, with an interesting cast of characters brought together by a Ponzi scheme. What was the motive? With JA there is no way of knowing. How did the timeline play out? The only living witness has told us she wasn’t there, she was there when the ninjas arrived, it was self defense. What was her mental state at the time? Testimony is all over the place, and many of the experts didn’t actually evaluate the defendant.
This trial has been too sensationalist. The jury needed to see just enough autopsy photos to demonstrate the cause of death. The jury didn’t need to see JA’s or TA’s private parts. JA didn’t need to testify for days on end about memorable meals. The jury didn’t need to know about JA’s anus’s sex life – they could have just heard that to TA her body was a wonderland and her mind a wasteland. If the trial had been kept to relevant facts, it would have been over in a week.
Ragdoll writes:
PS…how do you open another window on APPLE without losing the one you’re on. I was hoping to view JA’s myspace but I’d lose BOC.
If you have a mac-
go to upper left hand corner and click on ” File’
This will give you several options.
click on ” new window”
this will enable you to use the new window for whatever you want, while keeping the other one active.
To get back to the other one, click on the edge that reveals the previous site, or close out the new window site.
ragdoll writes:
PS…how do you open another window on APPLE without losing the one you’re on. I was hoping to view JA’s myspace but I’d lose BOC.
———-
on a mac-
go to upper left hand corner, click on file.
this will give you several opens in a scroll down
click on ” New Window” option
this will present a new window for you, while keeping the previous one underneath. There will be an ” edge” of the previous window shooing beneath the new window.
To go back to original window, just close out the new window or click on previous window.
I use this method to get the live feed first, then open new window for looking around…
I can hear the audio while reading these comments!
good luck
Blink, sorry about the duplicated posts, my web browser did weird things and I though the first one didn’t get through. Feel free to delete.
Believe it was on my end GD- upgraded to new server today, was a few downtime issues. You are all up now I believe.
B
Arias is pouting like a 3-year old whose toy has been taken from her. No tears, just a pout.
I don’t mean to sound petulant or snarky but am I the only one who thinks Wilmott was nursing a nasty hangover today? I caught her nodding off at least twice. Then I caught her staring intensely into space a few times too. What was wrong with her today?
Nurmi nearly fell asleep a few times as well. I’d like to see what they’re like in a civil case if a murder case can’t keep their attention spanned.
Aunt Arias had shut eyes a few times and poor old grandma Arias was nearly snoring!! Why bother bringing that poor old lady? To make it look good?
Blink, I’m sure that later tonight there will be numerous comments posted..as well as in the days to follow.
I myself find it hard to be unbiased in my thoughts. I am new here and have yet to master this skill.(hopefully, this will come with time)
This being said, what are your thoughts on JM’s closing? I thought that he tied all the lose ends up. I found it very helpful that he explained how what he said tied in with what JA has been charged with.
I know that you have expressed the view that JM should accept the lesser charges…that you don’t see how there can be a conviction based on what has been presented up to closing arguments.
I felt as though JM used the crime scene photos to his major advantage. If I were on the jury those images would be burned into my retinas. No matter what in the end those photos would be the last thought I had before I cast my vote.
So are you feeling any better about how this thing is going? I need a more rational mind to frame my thoughts.
Manslaughter was included .
Reserving my opinion on how it is doing until I see the defense closing.
B
P.S I just learned that JM has the last word…
Still catching up with all the comments from past 2 days.
Excellent closing argument by Juan today. IMO
He calmly and precisely tied the loose bits together today.
Speaking in measured tone he addressed major points including how JA lies, **even bold face lies to the jurors**, and how illogical the defense case is.
In order to buy what JA and the defense are trying to sell … one would have to suspend common sense & believe hundreds of discrepancies and outlandish coincidences that JA claims are “the real truth” with this version of her story telling.
*********************************
Ragdoll says @
May 1, 2013 @ 10:40 pm
Hey frienDy …
Love your post @10:40 pm on 5/1/13.
My thoughts and beliefs are much like yours in regards to evil.
I look at JA and feel that evil … pure evil … exuding from her empty shell.
No soul.
In case your still wondering how to open multiple windows on an Apple …
At the top left screen of Safari is the menu bar — click on “file” and a drop-down menu will appear … click on the 1st choice “new window” and you can open as many new screens as you’d like.
Hope that helps.
God Bless you … always enjoy reading your posts.
*************************************
Watched the closing by JM. I think he did a good job of proving that Jodi planed the death of Travis and how she always contrived to make anything she did the fault of another if it didn’t suit her purposes.
Today he was totally different in his approach to the jury. He spoke with knowledge and used no notes. He is the type of person that can talk for hours in a mostly sequential manner without prompts.
He still stuck with the sequence of the state’s position about when the shot took place. I will always believe that Travis was shot as he lunged upward from his position in the shower after Jodi stabbed him in the chest.
One of the most important things today was that JM did not spend all day doing the close. We will see if Nurmi or Wilmont can be so direct and to the point.
This trial should have been concluded by the third week in February. The problem of delay has always been the defense, the type of people they used for witnesses and how they handled them.
I love Juan Martinez. I’d like to visit Arizona just to shake his hand. He doesn’t have a way with words. So many times finds himself searching for a word. Sometimes the word he finds just barely works.
But he’s persistent and he’s driven. He constructs a word picture that enables the juror to see the truth. And then he shines a light on it through his passion.
Today I actually saw Arias mouth “that’s so stupid,” at something Martinez said. When she’s convicted of first-degree murder she could feel differently but I don’t so. She hasn’t learned from any of this as we can tell from the continuing lies and manipulation. The jurors see it too. This case is going to end well. I’m thankful for that. And mostly I’m thankful for Juan Martinez.
OFF TOPIC
With a simple google search of the subject of Arias drawings ( i.e, cappuccino, hourglass, celebrities name etc) it is pretty easy to find the photos or other drawing, and it is clear Arias has copied them.
What is fascinating is that she copies these images, which on their own look like one thing, but when compared to the original you can see the slight distortion. As though she just.. can’t .. quite… perfect the or You can see the highly detailed meticulousness, the intense labor involved, the single fine lines,single hair strand, individual eyelashes, as though she is fully concentrated on perfection. All subjects are highly idealized, all subjects shows reflections of light from another source.
And all lacking the emotional human quality that makes the original compelling. There is no interaction within her drawings- all single subjects , and all in relative ” close up” It is as though she has isolated these images from any larger context that would connect them to anything but her point of view.
What is she expressing? Taken as a whole, there is no way to find her own personality within them, no ” artistic vision” other than the intense focus, obbsessive in quality.
She signs her name rather prominently, and includes a thumbprint for verification.
I think her obssesion with detail is at the crux of her personality, whatever name you put on it. Her portraits of 50′s celebrities border on being perfected cartoons ( all dead, btw), with their names in decorative letters. The faces are the most disturbing to me. There is a flat quality, as though she really has no ability to understand the human qualities that illuminate a face from within, convey human emotion.
I’m not an art critic, I am not an therapist who bases their work on analyzing an artists work.
But I know a con artist when I see one.
and now back to the program in progress……
Good morning Blink and Blinksters
Mr.Martinez made a very good job and proved first degree murder in my opinion.
He showed the premeditation with two facts gas cans and cell phone and with circomstential evidences like the stolen gun the plates and the lies JA made up as the planing and cover up of the crime. I am absolutely with him with the chronology of events that took place at the crime scene. He had no problems in presenting gapless his case in a very understandable fashion style for me. My respect to him at this point as he fought all along for Travis all alone in this courtroom. He was able with the help of the detective and the forensic evidences to make his way through all the lies and to save Travis reputation.
@ Sammy says:
May 2, 2013 at 10:29 pm
Great to see you, FRIENDY! You’ve been missed (((hug)))
Yes, there’s an eeeeeville element to the defendant (my Vincent Price impersonation). Wicked stuff.
Hope to see more of you xo!
PS…thanks soooooo much! It’s my momma’s puter. I couldn’t figure it out. She’ll be most pleased to learn a new function. You’re the best! xo
@ whodunit says:
May 2, 2013 at 2:04 pm
Thank you soooo soooo much! I appreciate the help, especially for my momma. (((whodunit)))
Whatever the verdict will be and i hope for fairness and justice, i am happy that Travis had a fighter like mr. Martinez at his side. This man gave tirelessly his best all along. I think what ever the verdict will be, we will hear much more from Mr. Martinez in the future as the Martinez style wrote history in the chapter of the American justice.
No matter what Jodi is convicted of I don’t see a great future ahead for her
If Wilmott is going talk tomorrow I think I will not sit here hours as her voice some how gets to me
Caught some late nite replay. Good job by JM. I agree with ATG re the sequence he proposes making sense.
JA displayed her usual immaturity. I believe her meds have changed to her deteiment, based on camera behaviors.
Tamped down as much frenetic drawing.
Nurmi’s challenge is his plodding presentation & monotone. JW’s–well we kniw her weaknesses–tendency to snideness & whininess or being flip. We shall see. Looking forward to reports of viewers here.
I’ve heard it’s Nurmi. Yawn.
I think that Juan Martinez did an incredible job in his closing. He really was THE voice of Travis in that courtroom. He highlighted all of Jodie’s machinations to set off on her trip of death and exposed all of her lies, while giving Travis his good name back. I have been a fan of Mr. Martinez throughout this whole trial, but yesterday, he brought it all into focus for us, and for the jury – Jodi Arias is a manipulative liar and a cold-blooded murderer, and she should never be allowed to live in polite society again.
Mr. Martinez, I thought you were JUANDERFUL. Thank you for being Travis’ soldier in this fight. I wish I could have known Travis, although through Juan Martinez, I feel like I do.
For the defense, Nurmi is the better choice on a number of levels, however, listening to his creepy delivery of the sexual trysts will be at the very least, afflictive. I do not feel that Nurmi believes Arias. I do believe that ALV and JW allowed Arias to break into their psyches and are committed to support Arias.
Unfortunately, this has compromised ALV’s integrity and reputation now and in the future. Secondary gain, lies, bias and gender preference have been called out and true or not these will forever be to her detriment. I’m not unsure it won’t do the same for JW. Arias is something… yes some thing… that you need to walk away from in any case as my mother used to say, take your knocks and run.
At the very least, we have all had clear lessons in intuitive thinking, and reading and understanding clues. Thank you, Blink, for leading us to deeper concentration of these life-saving measures. Your works are good.
God rest Travis’ soul, his story will serve as a model for exercising caution in relationships. I would love to see his family, at some time in the future, tell his story in young adult forums.
Arias has awakened prejudices to the realization that a woman could be so cruel. God allows evil amongst us but it is ours to take the lesson. Hopefully, her behavior will open doors to understanding a once unperceived level of complex and combined personality disorders.
Juan Martinez has, throughout this process, served as an admirable advocate for Travis, vehemently defending not only Travis’ intents and actions but his honor and legacy. Martinez’ insight and ability to do this goes beyond normal client care and is a gift to Travis’ family and friends.
Blaze says:
May 2, 2013 at 7:46 pm
I don’t mean to sound petulant or snarky but am I the only one who thinks Wilmott was nursing a nasty hangover today? I caught her nodding off at least twice. Then I caught her staring intensely into space a few times too. What was wrong with her today?
Nurmi nearly fell asleep a few times as well. I’d like to see what they’re like in a civil case if a murder case can’t keep their attention spanned.
~~~~~~~~~~~~~~
Blaze, when attorneys are in trial they work very late into the night, and get little sleep. I am amazed at Martinez’s mental acuity. Perhaps, when one is speaking for the dead, the family, and the people of Arizona there is more adrenaline flowing. IDK. I would be nodding off and yawning just like JW and KN.
Should be another interesting day.