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

bullet casing grey thing

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

  1. 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.
  2. Travis discusses the point of view shots of her “anatomy”.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.

Sony Duo SD

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.

  1. 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.
  2. 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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486 Comments

  1. Ktina says:

    My daughter was diagnosed with borderline personality disorder traits while a teen. I can tell you I showered her wih love….all the years of her life, but nonetheless, she had some depression issues I found alarming, , massive issues wanting to “hold on to the guy.” It was anything for the relationship…..that is the way her therapist described it, and that is a major trait of bpd. After she turned 18, she was officially diagnosed. We went through what is called dialectical behavioral therapy for years, and it was helpful. We have a local place specifically for bpd patients and this therapy…very good therapists….it is all they do here. My daughter was , is, overly sensitive to criticism or rejection and has the empty feeling, along with the massive fear of abandonment. She never did “self harm,” thankfully, although many threats of suicide. My daughter is a doll…..we have been through a lot with this… But I have to say, I do see that jodi arias has a lot of these traits that I’ve lived wih for years. My daughter even made a comment before jean demarte diagnosis that her obsessive and manipulative traits with regards to men showd bpd. As far as the suicide aspects of bpd, it can be complicated…the way it was put to us was….they are so manipulative for this attention that….even if they have that personality that they’d never harm themselves…they may try to manipulate and get your attention. In some cases, bpd patients go to far just to get the attention, yet really hurt themselves. Trust me, it is so tough to know what to do! My daughter s doing very well, 20 , college, and has the first healthy relationship I’ve seen yet with a boyfriend. Here’s hoping,! My point is….I do believe jean demarte nailed it, although I think jodi arias may have other disorders as well. The key with bpd is the unbelievable manipulation and absolutely anything for the relationship.

  2. Elizabeth says:

    If you don’t wish the Murder One for the murdering Jodi by now then take a look at this. The disrespect from this woman seals my deal.

    http://www.youtube.com/watch?feature=player_embedded&v=2BA-MeyqIlw#

    Jodi Arias trial day 55 instructions to the jury!

    It’s a youtube video of the Judge reading her instructions to the jury and Jodi giving her the finger. Happens towards the end of the video.

    This woman is vile. She should never be set free.

  3. Rose says:

    @ATG The teaching psychiatrists I know would explain neuocognitive functioning – mental health – psychological functioning IQ – behavior – whatever you want to call it — as BOTH constitutional and environmental. Constitutional (what you’re born with) includes not only genetic heredity but other things affecting the bodily givens – ie, infections or injuries in utero. It is generally impossible to tease out which is which unless it’s a clear cut matter of mental retardation or say a genetic illness. As for the DSM -one can carry more than one diagnosis. And they can change over time based on development, response to treatment ie meds, and further knowledge. One needn’t have pinned down a label securely to treat, nor for society to punish based in violations of the law. Think of the Tsarnaevs. I have no doubt Tamerlan had a major mental illness evident beginning a few years ago, tho he’ll never be around to examine, I bet those fbi profilers are hard at work.

  4. Rose says:

    Also, reassuringly, physicians using the dsm employ imaging when clinically indicated (at least at nih & teaching hospitals), such as mri & fmri, employ genetic tests, and so on. A variety of physical tests can be employed, ie with
    Tourette’s, antibodies to strep are measured. This Arias trial gives the misleading impression psychiatrists diagnose after a psychologist gives a couple self inventories, the mmpi, an iq test, etc. and a clinical interview. In real life, imo, psychiatrists do not diagnose that way, and no written psychological tests may be given to do so. Imo the function of the dsm is for insurance purposes & to speak a standard language.

  5. Ktina says:

    One more thing with bpd, and then I will leave it alone…I had an “aha” kind of moment when jean demarte explained an example of a childhood characteristic that could lead to bpd. She said that they see it in a lot of patients who as children, had parents who minimized when the child fell down and hurt themselves, and the parent did not “validate” them by acknowledging they may be hurting. My daughter was very active, and when she was little, I tried to make those “boo boos” seem so little, so she would not try to get extra attention frm them. She always had lots of hugs and kisses, bed time stories, everything… but when she scraped a knee, I would try to minimize it, so to speak. I guess I thought I was making her”stronger.” Same thing when she hurt herself in sports….I Always said…ok, you’re hurt, we will get it fixed and move on. Now I feel that I contributed to her lack of “validation” as a person by doing this. I literally broke down in tears when jd used this example, because we shower our daughter with love …..from birth on….so I could not figure out how she could have this terrible disorder! Now I look back at things and believe this is the one thing I would change about my parenting. I feel horrible. : ( I wonder how Jodi’s parents interacted with her and if they ever sought help for her?

  6. lyla says:

    Starsky says:
    May 4, 2013 at 5:01 pm
    “I predict a guilty verdict Murder 1, before 12N the next time jury meets”
    —————————————————————-
    Interesting. I asked my sister yesterday how long she thought it might take for the jury to come to a decision. She said Monday afternoon. I asked “do you think they’ve already made up their minds. She said “yes”.

    There are times I wonder if I am watching the same trial as y’all, lol.

    My thoughts in new piece publishing within the hour.
    B

  7. lyla says:

    This is very interesting and a must read for those interested in Arizona law the possible outcomes once the verdict is read.

    http://www.hlntv.com/slideshow/2013/04/01/jodi-arias-trial-jury-deliberations-possible-outcomes

  8. Starsky says:

    Blink says:
    There are times I wonder if I am watching the same trial as y’all, lol.

    My thoughts in new piece publishing within the hour.
    B

    I think you are looking at this through a very educated set of eyes. In my opinion, the average person will be usin common sense to make a judgement call and not be swayed by the smoke and mirrors. At the end of the day, Travis was slaughtered by a stalker who left the scene virtually unscathed. There is no basis of self defense here. He was naked and unarmed. Even the dullest pencil in the box can connect the dots here.

    I do agree that I look at it differently because I strongly believe that the state did not do proper diligence in a variety of areas and it has been my experience that if that goes unchecked, it goes unchanged and that is not ok. That keeps project innocence well funded and bad people out on the street. I also pay close attention to criminal law precedent, specifically the 4th circuit and I can see this puppy already cued up for that.

    The defense was out of their league in this case. Had they not been, I am telling you I have every reason to believe that Jodi Arias would be acquitted. That makes me pound the desk louder because I fear the what could be, because of the nature of my work the what could be becomes the what is.

    B

  9. Amys Sister says:

    ATG says: “…I just completed reading an article on the National Institute of Mental Health site written by Thomas Insel where he claims that the DSM has devolved into a dictionary of labels with their definition.

    In the paper he announces a new Research Domain Criteria with the goal of transforming diagnosis by incorporating genetics, imaging, cognitive science and other information to lay a foundation for a more scientific basis of a new classification system.

    I have long thought that genetics has played a much larger roll in mental health.”
    _______

    I agree, and as Rose says, this is being used to some degree. It is the streamlining of diagnosis and treatment that is at the heart of the matter. Too many hurdles and not enough funding for most folks to get a proper and full diagnosis. We are capable of so much more IMO.

    It would dearly benefit mankind if an individual with mental health issues were mapped as an individual, knowing that one label does not fit all and we each have our own specific neurosis that affects behaviors to variant degrees. Treatment can be customized accordingly but rarely does diagnosis or treatment go that deep especially because the ill many times aren’t treated until they act out in adulthood and by that time have been so unproductive they have no money for such. It’s a sad cycle.

    @ Ktina: Bless your heart for getting your daughter help and loving her as you do. You have nothing to be sorry for.

  10. GraceintheHills says:

    A Texas Grandfather says:
    May 4, 2013 at 10:35 pm
    Many of us have recently been trying to figure out the exact category in the DSM-IV manual that fits the behavior of Jodi. It has been difficult as it appears that she fits into a lot of them
    ~~~~~~~~~~~~
    ATG, good to see you, neighbor! I’m not sure Arias fits squarely into any of them. I suspect that Dr. Samuels, who gave her a diagnosis of Personality Disorder: NOS, was probably correct. By giving that dx, he suggested that she had traits from several different personality disorders. I think those who are familiar with the DSM IV-TR will recognize from the testimony that she *likely* has ttraits from the following PDs: Borderline, Narcissistic, and Antisocial; however, I think we get our best evidence from those last texts from Travis on May 26th. Imo, he finally realized she was an incredibly selfish, self-centered individual who manipulated, used, and scammed him for her own gain. It was all about her, always. Still is.

  11. A Texas Grandfather says:

    Thanks for your response Rose.

    You have basically stated the behaviors and arguments contained in the paper I referenced. Imaging is probably very important. However, it is expensive and will take a few years to produce equipment and techniques that will reduce the cost. Then, there is the job of collecting and classifying the conditions that imaging reveals along with teaching processes and procedures.

    I believe that out of every evil act, there is a reciprocal of opportunity for goodness.

    This trial, although difficult to understand, provides information to the public and to those directly involved that should help all involved in the areas of criminal justice and mental health.

    Poor Travis did not know what he should have done to lock Jodi out of his life in a way that she would have a difficult time trying to harm him. This is an important piece of knowledge for all young people to learn or anyone else for that matter.

  12. justice23 says:

    Vinnie Politan’s prediction on jury decision is Tuesday but I predict Monday too. I totally believe the jury has long already decided what their verdict was going to be during the trial and I don’t believe JA or her defense team are going to like it either. But that’s JMO … hoping I’m not wrong.

  13. Rose says:

    @ktima. imo it would be the rare psychiatrist or PhD psychologist in the federal inpatient program I worked in to attribute bpd or major mental illness to parenting. That theory was thrown out with the schizophrenogenic mother model, debunked by research. I spent time, rather, listening to such as Maxine Harris PhD & Helen Bergman (who took their program Community Connections private from the hospital) clinically interview parents & they would always have to spend much time assuring them they’d done nothing wring. Parents are a supportive resource and the best source of info re adult children. One can google Harris–far better on trauma than ALaV.

  14. lyla says:

    justice23 says:
    May 5, 2013 at 2:19 pm
    “Vinnie Politan’s prediction on jury decision is Tuesday but I predict Monday too. I totally believe the jury has long already decided what their verdict was going to be during the trial and I don’t believe JA or her defense team are going to like it either. But that’s JMO … hoping I’m not wrong.”
    —————————————————————
    I cannot imagine 12 conscientious jurors coming to a unanimous decision in such a short amount of time. During beginning deliberations I believe it is common for the foreperson to ask each juror to submit a preliminary vote. Subsequently if not unanimous each vote will be discussed. On Friday, I believe they deliberated for approximately 35 minutes. I understand they chose a foreperson. Who knows, maybe they submitted their votes and all were unanimous but I highly doubt that happened. Scroll down to:

    “Craft some helpful suggestions”

    http://juryargument.homestead.com/Sample4.html

  15. Jden says:

    http://www.youtube.com/watch?feature=player_embedded&v=2BA-MeyqIlw#!

    Elizabeth, yes, at 25:38 Judge Stephens reads, “Any notes you may have taken during the trial are not evidence. The only evidence that you are to consider in determining the facts are the testimony of witnesses and exhibits of witnesses admitted into evidence.”
    And, JA is flipping off… Judge Stephens or the jurors?

    One.sick.pup.

  16. Jden says:

    Four times, JA flipped off (apparently) the jurors and/or Judge Stephens. Once, above post and…

    http://www.youtube.com/watch?v=p-VcztuPvaM
    And, just in case you thought it may be an isolated incidence, watch at :33

    http://www.youtube.com/watch?v=5M3LUlaf6XU
    And in this one (wherein she looks particularly sinister and is mostly taking down names of those souls she needs to swallow that evening) at :20 and again at 2:09

    http://www.youtube.com/watch?v=-sgkpGDY1QA
    Lest we not forget this lovely.

  17. Eloise says:

    RE: Opal Black says:
    May 4, 2013 at 4:33 am

    Chris Hughes was Travis’ Executor of his will.

  18. Jules says:

    Being the defence’s case relied solely on Jodi’s word and all evidence brought forward had know credibility to back it up or anything for that fact except from people who obviously had gain by presenting it. I know the state has the burden. Dosent the reality show if jurors take the scales of justice & put each & every fact on 1 side being the state other defence the defence clearly holds know weight. One more thing Even if Travis first welcomed This women in his home & after she stabbed him or shot , it would be fair to say he know longer wanted her in his home , Then wouldn’t it become 1st degree felony murder at the second she lifted his head from behind & nearly decapited him. The last act would then become 1st degree fel,mrd. Know could dispute the last blow was the final. Rite or wrong?

    Im sorry Jules I am not understanding your question.
    B

  19. Carla1 says:

    I’ve been watching this trial since day 1. I just found this article and and can now say my mind has been unscrambled! Finally!!!! I get it. JA has been lying and lying and lying while on the stand (duh)! But the whole thing about the sex they had on the day of murder didn’t jive. This girl went to kill and destroy and she thought she’d get away with it. But the camera pictures and palm print showed she was there. So help me follow this please…. did she put the sex tape together after the murder? Did the blue memory card have the murder pictures on it? Could Jodi have taken that picture with her own camera?

    I remember JM asking Jodi about the braids – and the hot rocks and tootsie pop – “how many times did that happen” …. now I understand why. He showed her the pictures when asking her about them – I think Juan knew those pictures were from the Lonnie baptism day. I don’t understand how Flores gave her six weeks advanced notice if she had already been arrested. Didn’t he say that detectives were searching her grandparents house? Also, what was it that made Travis so angry on May 25, 2008? He said that Jodi had betrayed him. Did she do something to his Facebook account when she hacked into it? I keep trying to figure out why she would drive 1000 miles to kill him? It blows me away to think those sex pictures probably weren’t taken on that day – and it makes total sense! The fog is lifting!!!! Thanks :)

  20. Carla1 says:

    Okay – so after doing some searching found that Jodi was bugging Travis – reading his emails – checking up on him (he was dating someone else) and Travis was sick of it. She moved back to CA – but kept texting and calling – he did the same with her. She sent a “fake” text to Travis about communicating with a Steve Carrel on her gmail account because her other email had been hacked by an ex boyfriend. Travis didn’t believe her and wanted this guys info to see if it was real. He told her off and wanted her out of his life. She borrowed money from a friend to go see her boyfriend because he was seeing someone else. And she planned her attack. She was mad and was going to do something about it. Which brings me to next question.
    Anyone who kills someone on purpose has to be “not right” in their brain. We can label it anything we want, but the bottom line is that it’s wrong. Trying to figure out how she got to the point of believing it was okay to go and kill him can hopefully help someone else out before they go do the same thing. I guess trying to figure out if it’s environmental, inherited or both is important. Are Jodi’s brothers and sister likely to do the same thing? It’s all such a huge web – overwhelming.
    How does someone recognize a Jodi Arias and end a relationship with her without getting harmed? What could Travis have done differently to get her to leave him alone and let him move on with his life? What a suffocating feeling he must have had whenever she would show up or bug him. How do you get someone like that to leave you alone? Ugh. How can Jodi live inside her own head?

    Carla1- it is a massive web. I am hopeful that the civil case will involve information the trial did not publish.
    B

  21. Dennis says:

    “because I strongly believe that the state did not do proper diligence in a variety of areas”

    Where exactly did this happen? And is it your position that, given the evidence in this case, a truly able prosecutor could not get a murder one conviction in this case against a highly adept defense attorney?

    Thanks.

    Again, I have written on my reasons for feeling this way extensively, and I maintain that opinion although I admit the hurdle for a murder one conviction was achieved regardless so my comments remain in context.

    As I wrote in the Fog, Fugue or Freed piece, there are serious holes in the chain of custody of evidence in this case, and in some cases, the authenticity of the material itself. I believe a highly skilled prosecutor would have had that sewn up strongly in the pre-trial phase and potentially been able to secure a plea of life without the possibility of parole. However for the sake of this argument let’s say the prosecution (not Martinez) had the same case and went up against a Roy Black, Linda Baden or some other highly skilled criminal defense team.

    I believe strongly that not only would the defense strategy be completely different, but Arias would have been in check as the defendant as well. Part of being a capable defense atty is establishing the relationship and expectations of your client and as it worked in the Anthony case, Arias would never have uttered a syllable. Let’s face it. Arias entire defense was orchestrated by her and it always included her taking the stand thus the “I remember shooting but not stabbing” BS. Who did she think would ever buy that and it also severely limited her ability to present the “struggle” argument and the sequence of events to underscore it from a forensic perspective. No credible defense atty decides upfront that the client takes the stand in their own defense until it is time to make that call, let alone builds the defense strategy around it. Had she been my client, you can bet it would be on the record that it was strongly against advice of counsel that she testified- which may be the case, we don’t know.

    In fairness, Nurmi tried to withdraw from this case no less than 4x. Unfortunately that is also going to be the basis for her appeal due to ineffectiveness of counsel.

    So I know and realize that we have won the battle in terms of Arias’s conviction thus far, but I have strong reservations that the war is still up for grabs in the end.

    B

  22. Dennis says:

    Blink wrote:

    “I believe strongly that not only would the defense strategy be completely different, but Arias would have been in check as the defendant as well. Part of being a capable defense atty is establishing the relationship and expectations of your client and as it worked in the Anthony case, Arias would never have uttered a syllable.”

    I agree that keeping Arias off the stand would be necessary but that presents problems for the defense as well. Her police interviews are damning and her TV interviews are worse. (I escaped somehow, Travis was still alive, but, no, I didn’t call the police.) If she had never spoken about this case, that’s another story, but it still seems to me that there is enough physical and circumstantial evidence to allow a skilled prosecutor to persuade a jury beyond a reasonable doubt that she did it and planned it.

    I will read again the Fog, Fugue piece but it seems that in one respect the pictures/camera card idea of yours is flawed. Why would the state want pics of Jodi having sex with Travis on the day she killed him? Doesn’t that damage a premed case? Or is it your position they felt they didn’t have enough evidence to put her at the scene, which to my understanding is not the case

    As to Casey Anthony, the evidence is, of course, different but I read that the state over-charged her which made their case all but impossible.

    Thanks.

    The state wants her there absolutely. The state has to consider that, and also the fact that the interview based on certain issues could have been suppressed. You can’t have the “death” images they need without the others on the same medium. It has to be all in.

    Question to you: what is flawed in your opinion?

    B

  23. Dennis says:

    I will read again the Fog, Fugue piece but it seems that in one respect the pictures/camera card idea of yours is flawed. Why would the state want pics of Jodi having sex with Travis on the day she killed him? Doesn’t that damage a premed case? Or is it your position they felt they didn’t have enough evidence to put her at the scene, which to my understanding is not the case

    As to Casey Anthony, the evidence is, of course, different but I read that the state over-charged her which made their case all but impossible.

    Thanks.

    You wrote,

    “The state wants her there absolutely. The state has to consider that, and also the fact that the interview based on certain issues could have been suppressed. You can’t have the “death” images they need without the others on the same medium. It has to be all in.

    Question to you: what is flawed in your opinion?

    B”

    I thought that your article was questioning whether the nude pics of Jodi and Travis were taken on the day of the killing–that the State was making that they were claim even though they knew, or had reason to believe, it wasn’t true. And the flaw, or problem, with that line of reasoning would be that those nude pics seem to undermine premeditation. That is, why come to have sex first then kill him, why not just kill him if you planned it. The state can answer that, but it would seem to be good defense fodder for the jury to question premeditation.

    Maybe I read your article wrong and you didn’t suggest the state knew the nude pics were from another time, or I’m missing your point altogether.

    I cannot say for certain the state knew, I can say for certain the defense did.

    B

  24. Dennis says:

    Maybe I read your article wrong and you didn’t suggest the state knew the nude pics were from another time, or I’m missing your point altogether.

    You answered,

    “I cannot say for certain the state knew, I can say for certain the defense did.”

    You’re sure the pics came from another day and were misrepresented in court?

    And wouldn’t it be more accurate to say Jodi knew, not the defense, as Jodi can’t be believed by even her lawyers?

    And if the state did in fact know, why would they offer false evidence that could cast doubt on the felony and premeditation charges? The only reason I can think of is that they felt they didn’t have enough evidence to prove that Jodi was in the house the day of the killing. But didn’t they have a bloody palm print and co-mingled blood, and other things perhaps. (I’m not that well versed in this case.)

    Finally, in the article we have:

    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.

    I can’t make heads or tails out of this. Could you clarify?

    Thanks.

  25. Carla1 says:

    When I try to follow that the pics were from another time, it takes away the fact that Jodi would have been welcomed by Travis. But you still have the fact that she killed him after having sex. The motive could be that she wanted Travis to take her back as his girlfriend and he wouldn’t? Who knows. But agreeing that there is a possibility they were actually taken that day doesn’t hurt the state’s case.
    Taking the supposed murder items (gun and knife) out of her hands while taking camera shot doesn’t hurt the state’s case either. Maybe they were on the bathtub, or in her waistband, or her pockets. Bottomline, she had access to them. So why bother even trying to tackle problem. With that trial dragging on and on, I can imagine that JM was willing to let some things slide as he had so many other things to use to prove premeditation.
    I think there is alot more to this case than we’ll ever know. Have you seen on youtube the efforts to try and find the gun? I think if you do a search for proving Pre-meditation for Jodi Arias you’ll find the guy (DavidMichael)? who put together some incredible videos. It is amazing that Jodi’s friends and family and people that believe her really think that Travis abused her and she had no other way to get away. The throat cut did it for me. You don’t slice someone’s throat open after hurting them so badly already. You leave and call the police. Or stay and call the police.
    My understanding was that if the court wanted to see if the defense was correct that Jodi was only holding a camera while taking pictures, they would have to make a trip to Camera guy’s lab. Whether or not she was holding only a camera made no difference. Juan already had what he needed to prove premeditation. Why drag out this trial even longer?
    As for thought bubble on “opening the door that has a little bottle labeled drink me on the other side”, I took that as chasing more rabbit trails that lead to nowhere….. wasting more time. For JM, it didn’t matter the outcome of that. He already had what he needed. If her not holding a gun or knife was to help prove she was a victim, she still has so many unanswered holes. Agreeing with her changed nothing for the state.
    I’ve seen some other trials Juan Martinez has tried and one involved a woman killing her husband. There was no body, but he was able to get a death penalty for the woman. This guy is excellent, and I think he’s alot smarter and brighter than he is given credit for. If Jodi really wants death penalty, she should stay silent, not have witnesses come forward for her, and tell the real truth about what really happened. Can she admit that she was angry and afraid that Travis would reveal the sneaky things she had been doing? Can she admit that she wanted him gone from this earth? She needs to keep playing victim to keep anyone out there donating to her bank account.
    What is mental illness and is anyone really healthy? When do you quit using it as a defense? How do you get someone like that out of your life? How do you deal with someone life that who is a part of your life (kin, spouse, child)? How do you recognize someone like her?

  26. Dennis says:

    Hi Carla, you think the “bottle labeled drink me” is a reference to Alice in Wonderland? I haven’t read the book and that crossed my mind but wasn’t it a cake that said Eat Me? And why would the state, any prosecutor, want rabbit holes?

    I looked up Daubert and I still need help here. Are you saying, Blink, that a Duabert hearing may have had the sex pics thrown out and perhaps the Travis showering pics (those that “take murder weapons out of the hands of the suspect”) but the state forewent it because it may have also thrown out pics it wanted or needed?

    Carla, what evidence is there that they had sex before the killing?

    I really hope Blink responds to my questions because I’d like clarification. I also surely can’t be the only one that is confused by the above article.

    Dennis- respectfully, there are 475 comments to this article alone, and I can tell from your questions you have not read them. No offense, but my schedule does not always allow for substantive revisits to previously discussed info. No, you would definitely not be the only person I have confused, but maybe just a little late to the issue and as you said yourself, not well versed in the case.

    If any readers want to chime in from your view, please feel free.

    B

  27. steph clark says:

    do you believe that the last “accidental” photo of travis and jodi’s leg was taken on purpose ? the fact that the state said it was a pic of travis’s shoulders, back of head, etc. seems to be an uneducated guess. my bf works at a hog plant and slits throats for a living. he sees things in a different way and knows what that sort of stuff looks like. he looked at it and immediately saw….. if you unscramble their image from your brain and take another look at the photo, you can clearly see it’s a photo of the front his slit throat. you can see under his chin. you can see the gaping wound and the inside of his neck. jodi literally bent down, grabbed his head and pulled it back and snapped a pic of her work. why would they not recognize that.?

  28. Dennis says:

    I’ve read a great deal of the comments, all of the ones you responded to, reread the article and I believe I understand your position.

    You think the sex pics were taken at another time with a different camera/card and were transferred to Travis’camera/card sometime prior to the murder. However, since the problems surrounding the memory card/s had the potential, through a Daubert hearing, to restrict other pictures the state wanted as evidence, they were willing to agree that the sex pics were taken the same day.

    I have two simple questions:

    You asked why “the prosecution [would] take the murder weapons out of the hands of the suspect and in one fell swoop support her account of events….” Is it the pictures of Travis showering that takes the murder weapons out of Jodi’s hands? If so, you believe the state would have rather not entered them into evidence?

    I was speaking in reference to the picture of him sitting in the shower, and the magnification of his iris where the state entered into the stipulation that it was a reflective image of Jodi and she had neither a knife nor gun in her hands. I believe the state did this to avoid further scrutiny on the pic evidence. Keep in mind we are not yet privy to the zillions of sidebar transcripts and some closed hearings.

    You answer your question: “because it opens the door that has a little bottle labeled drink me on the other side.” This means the payoff is the state can enter into evidence the pics it wants?

    Yes. For Both sides. Applying the Daubert standard means that the chain of custody and forensic extraction methods used be authenticated. It is my belief that Nurmi/Wilmott either did not catch the issues with melendez’s testimony or they wanted to make sure the state did not pull a fast one and suddenly realize that the sex pics were from another day and try to exclude just them so in Wilmott’s cross she expressly asked Melendez the questions about how the camera was found, etc. She was either letting them know that if they were to go that route they would move to exclude all the pics , OR she was preserving the issue for appeal. I suspect the latter because if they flat out missed it, they have no business in criminal law, imo.

    The defense needed the sex pics in in their attempt to show that Jodi was an invited guest, and to put the question before the jury- how is it possible the 2 have the tryst, and it ends up like it did without a provoked altercation of some kind. To show that there was no motive- that Jodi was not trying to get a ticket to Cancun, etc.

    I also believe this is what Jodi referred to in her post-verdict interview as “shady” but did not help her case anyway.

    I understand your time is limited, Blink, and I greatly appreciate that you respond when you do. And thanks for this blog.

    @ steph clark Well, apparently, the prosecution just disagrees with, doesn’t see, what you see there.

    Me in bold Dennis.

    B

  29. Dennis says:

    Ah, Blink. I now see why I was confused by your thought bubble. You not only think the time of the sex pics were held in doubt, but the shower ones as well.

    My understanding is that the state believed those shower pics were taken the same day as the killing. As such, they weren’t allowing the defense to take the weapons out of the suspect’s hands because they were always going to introduce them themselves. That’s still my understanding.

    If I’m wrong, and the state felt the shower pics were in doubt but didn’t want to push the issue because they thought it may cost them other pics they wanted, then your bubble makes sense.

    Thanks again.

  30. Carla1 says:

    OH Wow,
    See that – I never even thought about the shower pics. DUH!!!!!!!
    Would have been a whole different way to approach it – but other evidence still speaks for itself – with or without the pics. But the picture with the shoe and the body………….. hmmmmmmm.

  31. Carla1 says:

    So maybe there was a pre-trial Daubert hearing – maybe it was established that it was all the pics, or none of them? As for rabbit holes Dennis, sometimes they are good (defense – government) but sometimes bad (when does it end). And there was a bottle labeled drink me, and cake that said eat me in Alice in Wonderland. Great Book.

    I’m starting to understand the blank look Jodi uses when she is lying. I think she sees life as herself being an actress. I don’t know if she knows how to think without lying? Can’t imagine her wanting to be like this. Wonder if she understands what she is doing?

  32. lyla says:

    The Judge has allowed Jodi to give interviews to the media…this while the jury is an hour and a half into deliberations.

  33. Carla1 says:

    What do you think you’d pick for Jodi’s sentence? A whole nother web.

    I don’t know if Jodi knows how it feels to feel. Does that mean she should be able to live in the prison system – contributing something to society. We use her – or we kill her and be done with it. Like she did to Travis. Yet being asked to consider sparring her life is not what she thought about that fateful day with Travis. I’d be so mad at her for having to be a juror in that situation. Yes she put herself in this position – I don’t know what it’s like to sentence someone to death. That is a very, very, heavy burden. It changes people’s lives. I’m praying for those poor jurors. I think Jodi has some brain damage, or is mentally ill. What do you think you’d do as a juror?

  34. Michael Taylor says:

    Agree completely with the story “Jodi Arias prepares to rot in jail..” EXCEPT one part that is incorrect: “Travis decided he wanted a Mormon do-over with a suitable young woman and ASKED ARIAS TO MOVE OUT.” Jodi NEVER lived with Travis. He had other paying (Male) roommates. Jodi was living with a friend of hers’ Rachel, but that friend soon kicked her out, so Jodi moved to a rental room in a house a mere 3 miles from Travis. The reason Jodi had to move back to Yreka was because she was broke; she was going to be evicted from her rental room because she lost her waitress job and had no money. Her Infinity car was being repossessed for non-payment. She wanted to move in with Travis, but he refused. He did however, try to help her out by selling her his BMW, but she ruined it loading it onto the U-Haul truck. Knowing this, why would Travis be upset over a dropped camera (Lie) when he wasn’t very upset when Jodi ruined his BMW transmission? Jodi was the “Fatal Attraction” stalker that used to: Sneak in Travis house through his doggie door, would hide in his bedroom closet, sneak in and sleep on his couch, behind his Christmas tree, use the garage keypad to let herself in-etc. Jodi Arias also STOLE Travis engagement ring (He meant to give to another woman, previously) his personal journals, copies of his motivational book writings, allegedly his ATM card (Police say she admitted she knew his PIN number.) and so on. She probably put spyware on his computer.

    I believe nearly all of those “Abusive” obscene language emails and texts to Jodi from Travis were actually ones Jodi fabricated and sent FROM Travis laptop computer and his cellphone to HER email and cellphone. (Blackmail.) A close friend of Travis, Dianna, told Dr. Drew on HLN that once: “Travis phoned her and asked her to check on his dog Napoleon” (As Travis was out of town.) Dianna drove to his house and said “No cars were in driveway or nearby” thinking the house was indeed empty, she used her key (No Jodi NEVER got a housekey) and when she entered she smelled cookies baking. She saw Jodi: “Sitting on the couch WITH TRAVIS LAPTOP.” So people, it just makes sense: Jodi Arias had a “Plan B” that is, if Travis wouldn’t take her to Cancun, wouldn’t marry her, she would BLACKMAIL him. (Hence, the text to Jodi “You are a sociopath. You are evil.” etc.) She had recorded the cellphone calls, hacked into his bank accounts, hacked into his My Space and Facebook accounts,slashed his tires (Twice) slashed his girlfriends tires, peeked in his windows, and so on. Jodi was completely obsessed with Travis and since she couldn’t have him, no one else would.

    In the police report on the day Travis body was discovered the investigator noted that Travis roommates claimed they saw Travis watch and (His) ring were on the kitchen counter. Roommates claimed Travis never went anywhere without them; so it makes sense that before Jodi put the bloody clothes and camera in the washer, that she intended to steal his watch and ring, by (temporarily) placing them on the kitchen counter. (Then forgot them in the frenzy to leave.)

    In medieval times criminals would be “BANISHED” from their villages forever. To be ignored and shunned.. What an appropriate sentence it will be if Jodi Arias gets the death penalty; will have to spend 23 hours a day in her solitary cell. No more (Lying) press interviews, supportive jail buddies, Twitter statements. The most appropriate punishement for Jodi Arias would be solitary confinement and for the media and public to shun her. To refuse to buy her (Traced) “artwork” or contribute to her self-serving “Jodiariasisinnocent” website.

    The spotlight and (Supportive) focus should be for the victim and his grief-stricken siblings. NOT wasted on psychopathic, narssacistic scum like Jodi Arias.

    Michael- I invite you to read complete coverage of Arias, to include comments and my responses. We agree
    B

  35. Joanne says:

    Michael, I agree with you that Arias is guilty of murder. Still, I believe that some of your accusations are conjecture, lacking proof. Let’s stick to proven facts—they are probably enough to nail her!

  36. Carla1 says:

    Maybe the death penalty would be the merciful thing for everyone…. including Jodi.

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