Jodi Arias Trial Verdict Watch: Plea To Jury Deciding Arias Fate- Hang Before Manslaughter If You Must
…” Something happens to ordinary citizens when they get into the jury box. All of them become defenders of the Constitution. Every single time. Very difficult…”
-Roy Hazelwood, Former FBI Behavior Analysis Unit Section Chief R current co-founder The Academy Group.
Hanged v Hung
The death by hanging option is not a consideration in the event that the Jury in the Jodi Arias trial finds her guilty of murder in the first degree, or felony murder. The jury cannot “hang” Jodi Arias.
However, they can hang themselves. I am not referring to what they must have felt like to sit through four months of testimony in the heinous butchering trial in the murder of Travis Alexander. No doubt 18 days on the stand – the poster child of the girl your mom told you about that guys will f*ck but not marry, Arias’s own words and convenient selective “fugue” state should be considered cruel and unusual for regular folk doing their civic duty.
I could not end my pre-verdict coverage without an editorial that lapses into first and third person.
Hung can be a good word. Some examples:
- Relating to a portion of male anatomy for those not buying of the indifference to size
- He hung my new Mom’s Day necklace around my neck and it is super-sparkly.
- I hung my child’s first abstract-impressionist masterpiece on the wall in my office.
- We hung the ribbons for first place on the mantle.
- When the jurors in the Aries trial could not reach a unanimous decision on the first degree premeditated-murder and felony charges Judge Sherry Stephens announced the jury had hung and declared a mistrial.
Consider the alternatives before hurling the maters my way, if you will.
The fact that the judge ordered a manslaughter or “heat of passion” instruction at the last minute should be telling that there is great concern that the state has not offered the slam dunk serve-up for these triers of fact.
The trial started with the State disputing its own theory of the sequence of events between the Medical Examiner and the lead detective. It is followed by evidence that disputes the contention the victim was immediately incapacitated by having him standing over the sink after injury. Waa?
Hell, let’s just say it. There are 2 separate and distinct areas of a clear and unambiguous attack closely resembling a slaughter house with a substantial absence of blood in others.
Not to mention a picture of a severely wounded but not yet with a fatal neck slit injury of Travis one minute and two seconds later.
One minute and two seconds. Two hundred pound prime-fitness Travis and 115 lb. Jodi in a battle for life and limb and the State says she stabs him FATALLY first in the chest. Again, this contradicts the ME testimony. Travis Alexander was shot first, period. Whether or not that will make a difference to this jury I have no idea.
Considering this fatal wound was to his chest and NONE of the wounds to his back were even life threatening and clearly inflicted upon an individual who was not in motion- this makes zero sense. The whole macabre mess goes down in one minute and two seconds if the pictures are to be believed.
One minute and two seconds.
Whether someone believes Arias is guilty or not, as the state presented their alleged version of events, it is unlikely that all jurors are going to be able to conclude that the timestamps on the pictures and the state’s versions of events can both be true.
As an example- to my knowledge, socks do not leave what is called a footwear impression. There is clearly a “footwear impression on the bathroom floor in blood. There was a pair of Travis’s gray socks in the washer. They are the same color as the ones seen what appears to be over a shoe in one of the pictures in evidence. Doesn’t that mean she was there long enough to do 2 loads of wash? Possibly.
There are more unexplained incongruences in the State’s case than there are journal entries of this defendant. It gives me great pause. Juan Martinez’s closing argument stated theory that is medically unsupported in this case and overall. Pause layering.
In a murder case with more forensic evidence than any one of the eight seasons of Criminal Minds has featured in a one hour episode, it is unsettling to see how much of it presumably not tested nor introduced as evidence was.
I have never seen juror questions in a capital case following re-direct before but I paid very close attention. There were many prospective deliberating jurors asking what I would consider questions indicative of folks with forensic knowledge.
… “How Do I love thee, let me count the lies…” Juan Martinez
Juan Martinez alleged that Arias deleted only pictures that implicated her, however, Michael Melendez testified there were roughly 90 pictures remaining on the camera that WERE NEVER introduced into evidence. It was a juror who asked that question among others regarding the highly prejudicial and for my taste, unverified camera card evidence. This jury is paying attention to the details.
Which means they are paying attention to the painfully few details offered as well.
Add in the very embarrassing and contradictory testimony of Dr. Horn who while he “sees dead people” apparently is not so big on the reporting of same. We now we have a prosecution relying almost entirely on the testimony of the medical examiner to support its theory and he shows up in rebuttal with a 3rd version of errors he calls a typo. Not helpful when the “immediately incapacitated “and non-ambulatory terms were used to discount a struggle between Travis and Jodi.
Dr. Horn may not know it yet but his testimony was downloaded to viral status by every reputable law school or criminal justice professor following the trial. Not in a good way when the syllabus header is “What Your Witness Can Never do.”
If she brought the gun for pre-meditation purposes, why was he not dead from the gunshot wound? Why was he stabbed at all? It leaves the jury looking over their shoulder to what possible half-truths Arias slipped into to bolster her defense.
Is anyone buying the pedo allegation? No. Does not matter. Again, I don’t think the jury will ultimately think PTSD or BPD or even her purchased DD’s will have any weight in the theory they adopt to reach a verdict.
Kirk Nurmi does not like his client. Jennifer Wilmott liked her client too much and giggled and whispered her way through court most days. Arias was scribbling for dollars and refusing to look at experts she did not like. Juan Martinez badgered his own witnesses when they did not respond to his liking. He throws things in open court like my son did as a toddler. He then tells the jury to not stink of gas. Wilmott and Nurmi are the Fred and Wilma of law. Esteban Flores sat in court for 4 months handing exhibits to Martinez instead of a second prosecutor who could kick him under the table. What’s with both media investigators having Brooklyn accents, lol?
All of it and none of it matters once that door shuts again Monday morning.
It comes down to the evidence they can trust with their own eyes and that was scant, and as I proved is suspect without further analysis.
This case has proven to be the highest profile case since the Anthony verdict and we all know how well that went. The Cword was overcharged to what the State could prove in both theory and evidence and she now spends her days figuring out how to not pay the myriad of folks who secured her freedom.
But that’s just it. She’s free and her daughter Caylee is no less dead. She is no less responsible for her death. Just not guilty.
Let’s focus on the successful hangings of the past: Betty Broderick, The Menendez brothers, Phil Spector.
The second time around was the charm. In many ways, the State and jurors are on the same team as public servants. You might also consider that as such, it is ok to demand the tools you need if you feel that has not been provided to you. It happens.
Strictly my opinion, but a manslaughter conviction for the murder of Travis Alexander is not justice for him, nor is it justice for his family. It is like saying we believe everything else, except the part where he had the right to fight for his life while under attack. That would be injustice. As much as I loathe the prospect of Travis Alexander’s poor family having to sit through another trial, I fear for their pain of a manslaughter verdict more. I fear even more than that this jury convicting Jodi Arias of manslaughter puts her back in society in short order and I for one believe the women is only partially diagnosed and extremely dangerous.
It is ok to make the state prove their case so you can do for the next jury what was not done for your service.
Lastly, it should also be a consideration that should the state decide to re-investigate and retry this case with the proper diligence, faced with what I believe is the as yet unknown motivations and the true events of June 4th 2008- Arias will have no choice but to plead guilty.
I am aware the argument that this is another bite at the apple for Arias- the clumsy apple-slicer that she is, but I firmly believe that even she could not dream up a defense that would hold up.
29 stab wounds, a shot to the face and a neck slit from ear to ear from a dropped camera is not going to be an easy discussion with its moving parts and missing cogs- if you can’t make it run don’t try.
So consider this my plea to that juror who is spending the weekend not deliberating (respectfully submitted that move in itself is mind-boggling) and will deny they ever read this.
Conversely, consider this my kudos if you read this after you were able to convict Arias as charged or hold the State and by virtue- our constitution accountable for a do-over. The case in chief that will allow the next jury to render a verdict in a capital case worthy of easing your conscience and commitment.
We The People CAN mean We Have To BE The People when called on to do so. Godspeed whatever you decide.
Contributing Editor Jacqueline Beaufort
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I agree Blink,
“29 stab wounds, a shot to the face and a neck slit from ear to ear from a dropped camera is not”…manslaughter.
The jury will be swayed only by sympathy toward Jodi. She admittedly brutally murdered Travis so, do they feel that Jodi is a victim or do they believe she is cold blooded?
I’ve tried to place myself in their shoes, tried to differentiate what they know from what I know. I watched Jodi during closing as if from the jury box.
My interpretation is this: There are one or two jurists who are a little sympathetic toward Jodi but Juan’s final was succinct enought to chip away at that (I believe on of these is female). The deliberation will allow this one or two to offer their perspective and allow the other jurists to outline why sympathy for the defendant should hold little power with the evidence before them. These two jurists will listen, they will consider Jodi’s mannerisms during the proceedings, and come to agree with the majority. This process will not take more than two or three days (we’ll know no later than Wednesday) and they will unanimously find Jodi guilty of first degree murder based on premed.
I cannot decide if cruelty will be found by the jury but IMO Jodi will not face the death penalty, whether it is decided by the jury or the judge. I believe she will spend the rest of her natural life behind bars and slowly sink into complete madness. Jodi will never step outside a prison until the day she dies.
MOO.
Blink, I deeply honor your diligence and passion for justice. I honor that you let no one slide on their responsibility to their duty and justice. There is entirely too much half-assedness in our society with regards to very important matters and I hear and agree with you entirely.
You are in a position to make a difference and I know you are and will continue to do so, ever more powerfully as the years go on.
A book? Lectures? Public venues? Whatever it is, I’ll be following, quietly cheering you on.
Thank You Kindly Amy’s Sister. I have to say that hit my bullseye coming from you especially, given what you have been through – and the obvious parallels. Your ability to stay focused and see and weigh all sides is commendable.
The amount of botched and unsolved cases is abysmal. This mostly occurs by people with the best intentions but not optimal training and/or supervision. It is a complete fallacy to think criminals are smarter than “the law”. Unfortunately, sometimes we help that misnomer along. Myself included.
I am not permitted by contract to discuss my private cases as you know, but a prime example of what I am talking about in the abstract:
1. victim is observed at crime scene.
2. victim is observed autopsy fully clothed.
3. Victim is observed clothing removed prior to wash.
4. Victim is observed post-wash.
5. Review and analyze final ME autopsy protocol (complete)
6. Review and analyze first responders reports
The scope of this case was such that I did NOT want to know a single detail about possible suspects, just blind statements. First pass observations only.
Not to underwhelm anyone- but I am the only person who realizes this decedent is missing buttons from his shirt. In my view, the surrounding fabric and button holes indicate the suspect grabbed the decedent from behind.
My recommendation was to impound the POI vehicle, and dispatch a search team to location.
Next observation was that the GS’s heard by the witness did not match the number of projectile wound tracks on the decedent, which led me to request copies of the approximations and dowel (wound probe) study. My preliminary report suggested that it was possible 2 different sized firearms were used. (9MM and 40MM- I learned later that the spent casings themselves and projectile fragments data was intentionally withheld from me
The kicker- The ME found stippling and indications of point blank range in 2 GSW’s. GSR tests on those however, were clean.
The net:
One button was found inside a known suspect vehicle that when analyzed with the statement did not corroborate. It has been missed the first time and subsequently taken into inventory on this warrant.
A search for a 9MM commenced, was recovered and yielded latents and DNA of the decedent, not the suspect.
The stippling and associated point blank conclusion was actually a partially removed tattoo.
again, abbreviated information in the abstract out of necessity- but you get the idea.
Happens. Needs to Happen Less and then Never.
B
Provided that the state would retry the case, I am for a hung jury rather than manslaughter.
Of course, the jury could surprise everyone with a first degree murder charge based on nothing more than the way they understand the acts of Jodi that are known.
Good piece B.
I just hope that all those involved would find this site and learn some things about picking a course and charging relentlessly down that choice regardless of what forensic evidence suggests.
Very interesting new piece.
Blink, I have moved the following comment over from your last thread:
Starsky says:
May 5, 2013 at 12:47 pm
Blink says:
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.
~~~~~~~~~~~~~~~~~~
Blink, I have sensed this was your belief as the defense case unfolded, but, I have to ask: If the defense were more savvy, in your opinion, what would have been a strategy that would ensure an acquittal?
Grace that is a brilliant and prudent question. I would expect no less from you. I wanted to post this for folks to ponder while I need to be away with Blinkette for most of the evening (My definite Honor) but I will answer your query when I return.
B
Yes totally agree they should hang before opting for manslaughter.
After coming to this site, I have more questions than answers and there are things where more than one way makes sense to me.
Shot first or stabbed first. I can make sense of this either way, but will it matter to the jury. That is the real question.
Did they have sex that day or not? Again either way makes sense to me. Will that matter to the jury?
That the defense threw in another option other than self defense ie. manslaughter to me is no different than the prosecution having pre-meditated vs. felony murder. And yes I can make sense of both of these views from the prosedutor. Self defense or manslaughter makes absolutely no sense regardless of which wound came first or if they had sex that day or not. But the defense does not have to prove anything.
I am hoping that even with the unanswered questions, that this jury does indeed find for pre-med or felony murder.
Agree completely that she is worse than we think as is this crime.
There is no part of me that believes this perceptive jury will return a manslaughter verdict. They may be confused as to the sequence of events, and I imagine that in every case there is room for speculation even with an admission of the facts, but there is no way they will allow this succubus in human form to walk the streets again in short order. I do not believe they will allow that to happen.
Murder 1, Tuesday morning.
Blink didnd’t the Judge tell to the jurors they have to decide the verdict without considering the amount of the penalty? Maybe i understood that wrong. I thought they have to decide the verdict first degree or felony murder, second degree or manslauther and then the judge decide about the penalty?
If so maybe the jurors will have less problems in considering first degree because they don ‘t have to decide about the death penalty or not?
That is correct, but they were dp qualified already in vior dire. They know they are sitting a DP case.
B
I can not believe that they can look at the injuries to Travis and feel a reasonable person would do that to someone with the threat, even if JA is to be believed, that was presented by him. A naked wet man injured over and over and over and over and a victim with a boo boo on her finger. A “victim” that sits and colors like a 6 year old while everybody else is paying attention to what is being said. A “victim” that has a 119 IQ but is more interested in her coloring than her life. “I’ll just make a pretty picture because I know no jury will convict me..lalalala.” The jury sees this. When she cried during JM’s closing she made sure she held her hand up to cover her face with the “hurt finger” displayed. “Look at my booboo”. I think she will get Murder 1. Am I correct that it only take a majority if the DP is to be considered at sentancing? I do not know about the DP. If there are multiple victims, if it is a child, if it is a LE or public officials killed in the line of duty I am more inclined to the DP. I think I would have to go with Life.
For me the bottom line is that she ‘over-killed’ Travis many times. He was defenseless, and she walked away with no apparent injuries except her finger. She was prepared. While on the stand, she almost gave herself away a few times in speaking and remembering how she felt while she was supposedly in a ‘fog’. If the jury was paying attention, they would have caught her slips and had their doubts about the ‘fog’. Her lies about the gas cans and the nonsense burglary at her grandparents house where she stole the gun, plus Travis’s latest e-mails where he described her as a sociopath and the worst thing that ever happened to him all point to a dangerous event that was about to happen. And it did happen. And she planned it and executed it because she is deranged. And it all points to 1st degree, premeditated murder without any doubt. JM laid it all out for the jury. There is no speculating about this. There is no “well – maybe this or maybe that.” It is clear and concise and the facts are the facts. And they’re good facts – more than any other murder trial. Complete with the horror of Travis’s gruesome murder forever implanted in all our brains thanks to the wonders of photography (and JA’s misfortune of not destroying all the evidence because of some divine intervention.)
The defense was so wishy-washy they even went off-course and added another version of the murder in the last minute?? What happened to self-defense, which is what they based their defense on with Samuels and LaViolette? How much time did they waste on that BS theory? How transparent they are. Heat of passion murder? Self-defense? Pick one.
There is no reasonable doubt here. This will come in 1st degree. She may try for an appeal down the road because her lawyer Nurmi was aloof and passive. He got off in the beginning of the trial – fresh out of the gate – bringing up all the sex and sex talk, but he lost gas half-way through the trial. Wilmont tried, but she is no JM. I truly believe that both defense attorneys did not really have it in them to defend her, because they believed she was guilty as all he**.
I am going guess murder 2. Tues after noon
Late
I am afraid to much stuff depends on what
That Jodi said and if you believe
Makes me uneasy we don’t really know any thing
About Travis and Jodi behind the bedroom
Door
But someone could be swayed by her
Not me
But she twists people’s thinking
I swear malty- you are like the reasonable persons oracle. I work for hours and sometimes days preparing a piece and you legit are automatic. Kudos to you.
B
There was a special on TV today about the Betty Broderick mistrial and re trial that I happened to stumble upon and then I came on here to comment in regards to it, and the Arias trial and saw your new article. I got goosebumps. They interviewed the Jury Foreman of Brodericks second trial, and he said that they decided to compromise on second degree due to one juror holdout who wanted manslaughter I believe. I can’t quote his exact words but he said they decided to compromise on second degree murder rather than have another hung jury. I don’t know the Broderick case so maybe 2nd degree was the correct verdict anyway, but in the Arias case, there is no WAY this is anything but first degree murder. Unfortunately the states theory and argument could have been much stronger. Ms. Arias was NOT overcharged in any way shape or form.
My husband saw the ending of the show and said to me with an eyeroll.. “great, now you are going to be worried that the jury will compromise in that crazy case you are following and i’m going to have to hear you worry about it until a verdict comes in…” I said “no, I’m just going to go post a rambling post on blink about it where no one can roll their eyes at me!”
I hope there are strong enough jurors on this case that if there are one or two who want a lesser charge and refuse to budge, those who believe it’s first degree stand strong and the jury hangs.
I do still believe the jury will render a first degree verdict, but if they do hang and there is a new trial, will the prosecution be able to use any of jodi’s testimony from the first trial in a potential second trial, and likewise, would the defense be able to use some of the prosecutions blunders i.e the medical examiners testimony amongst others in a new trial?
And my last question, I promise. If you were the state, and there is a hung jury, would you immediately retry the case or would you offer a plea deal to second degree murder?
Unless there is something going on with the evidence I am not aware of ( ie: some sort of compromise or preclusion) I would, without hesitation immediately prepare to retry this case and at no time would I consider a plea.
B
colin black says:
May 3, 2013 at 9:15 pm
Juror No. 1
She is a white female in her 60s and sits closest to the witness stand. She doesn’t look at Arias often during her testimony. People in the gallery observed her yawning once during an emotional part of Arias’ testimony.
Juror No. 2
He is a white male in his 50s. He takes few notes and usually has his head cupped in his hands as he listens to testimony.
Juror No. 3
She is a white female in her 40s. She takes a lot of notes and often watches prosecutor Juan Martinez as he moves around the courtroom. She has been seen submitting questions.
Juror No. 4
He is a white male in his 60s, and he takes few notes.
Juror No. 5
She is a married, white female in her 30s. She sits on the edge of her seat and is the most visible juror from the gallery because she has a “unique hair style.”
Juror No. 6
She is a white female in her 60s and is also seen taking many notes.
Juror No. 7
He is a white male in his 30s, and he is married. He takes notes and often bites his nails.
Juror No. 8
He is a white male in his 50s and is married. He also takes notes and has been observed submitting questions.
Juror No. 9
He is a white male in his 60s. He wears denim on most days and sits at the end of the jury box. He sits close to the first row of the gallery where Alexander’s family sits.
Juror No. 10
He is a white male in his 70s and is married. He has a tattoo on his right arm. He rarely is seen taking notes. He sits the furthest away from the witness.
Juror No. 11
She is a married, white female in her 30s. She takes a lot of notes. She does not look at Arias during testimony. She tends to look straight ahead or down at her notes.
Juror No. 12
She is a white female in her 40s and also takes lots of notes. She swiveled her chair toward Arias during her testimony.
Juror No. 13
He is a white male in his late 60s to early 70s. He wears an audio-enhancing headset provided by the court. He does takes notes.
Juror No. 14
He is a white male in his early 60s who often swivels in his chair. He does not appear to be taking notes.
Juror No. 15
He is a white male in his late 20s or early 30s. He appears to be the youngest member of the jury and takes very few notes. He smiled when Martinez asked Arias if she could predict the future.
Juror No. 16
He is a white male in his 40s.
Juror No. 17
He is a Hispanic male in his late 20s to early 30s. He dresses casually and sometimes slouches so far down in his chair that he is hardly visible to the gallery. He does not appear to be taking notes.
Juror No. 18
She is a white female in her 40s. She is an occasional note taker and she often looks at the well of the court.
And the public watching particulary the Family of Travis Alexander.
Jodi will never step outside a prison until the day she dies
I doubt she will be stepping out on that day either Blink.
one last comment and then I’m cutting myself off for the night…i have a good friend from high school who moved out west to ASU for college and never came back…she has been closely following this case from day one and is convinced jodi had help and didn’t show up until later in the afternoon. Gave her the link to your blog and she was fascinated.
RE Above some of those jurours dissmissed or alternates
Löni says:
May 5, 2013 at 4:48 pm
~~~~~~~~~~~~~~
Hi Loni, yes, you heard correctly. The judge did instruct the jurors not to consider the possible penalty. Their job right now is to decide whether she is guilty or not.
But, here’s something to think about. Many think that death qualified juries are biased toward a verdict of guilt as compared to juries in non-capital cases. More information about DQ juries can be found here:
http://www.capitalpunishmentincontext.org/resources/deathqualification
IMO–there wasn’t any overwhelming evidence that Jodi had ever been sexually, mentally, or physically abused in all of her life. In fact, the few attempts by defense to get that out there, were pitiful. I think, hope, pray the jury will look at those pictures of slaughter and realize Jodi doesn’t have any justification for what she did.
I too think we will have a verdict within 3 days, not sure however, whether it will be murder 1, or murder 2. Great piece, Blink.
If there is anything to be said for this case I would say Nurmi was quite ineffective during closing. He took a cheap shot at slandering Travis Alexander as he did during the trial itself. I don’t think this set well with the jury. It’s also worthy to note it took time for Jodi find an attorney to represent her. I understand this considering the severity of the crime committed by the defendant who is a proven liar. There are always going to be “holes” for juror to debate as to quality of evidence, motivation, sequencing of events, testimony from witnesses and the personality of the defendant. The jurors have heard lie after lie and there has been justified reason for them not to believe a word she says. The prosecutions case was not perfect. Effective and believable yes. She will be convicted of first degree felony murder.
The jury need look at nothing other than the fact that she indeed killed Travis 3 times. If the first was self defense and the second was heat of passion then surely the third was 1st degree murder.
ok. here is floor blood stuff. http://www.hlntv.com/article/2013/01/10/witness-arias-blood-was-smeared-alexanders-wall
reading back a lot, but not enough, I gather she takes pics of TA in shower. He sees her & flings open door. She shoots him to right of sink. She cuts his throat from above as he crawls in hall. When the back knifings? over sink?
blood is on bedroom floor because she has to drag him thru bedroom to reach bathroom from hall. Is this right?
Why’d she tell that Utah guy she’d arrive in am? Perhaps because TA was up & awake at 4 am she had to hide & wait? He slept, & she appeared when he showered afterwards — naked, vulnerable, & in an easy-clean (she thought) site?
I firmly believe Jaun Martinez proved his case.
I am sure she will be found guilty. I agree with the earlier commenter here. Monday or Tuesday Guilty verdict.
Blink, thank you for reminding people there is a constitution and points of law that are vital. This prosecutor lost another dp case that was retried in 2008. This was the easiest case to prove ever! And yet his own witnesses either lied, changed stories, or apparently couldn’t submit a typo free report after 4 mths. of do-overs. There were many jaw dropping moments but one of the most was the hiring of a Psy. that looked like the defendant’s sister. And then followed her by lying about her credentials and padding her cv.
The prosecutor could not formulate a coherent question to his own witnesses. How many words does it take to ask ” if the presenting story is false, is everything false.”.it took him a paragraph to ask simple questions. I believe he suffers from ADD and Jodi was not adequately diagnosed. Where was the pathological tests? Arizona has a huge medical college full of neurologist and psychologists. But the state hires the defendant’s look alike who also to cap this circus, has her laptop stolen with JA’s tests. A rookie mistake.
Thank you again!
Hi mamere, thank you. You probably did not know this, but wanted to let you know I allow one user name per poster that cannot be changed randomly without asking me. It is a trust commitment I have with posters and readers for continuity and integrity purposes.
B
I don’t think that Jodi was ever the recipient of sexual battery. She used sex as a method of getting her way and finding a willing partner to take advantage of.
Thanks for the link Grace. I think more men are harder on criminals regarding the DP than women. Women may have a problem because of the nurturing instinct of motherhood. My generation for certain had a value system where if you took a life deliberately, you paid with your own.
I have been in two DP jury pools where it was very plain that younger women had a big problem with returning a verdict that would include the DP.
Most of the jury makeup of the Jodi jury are people aged forty or more. This IMO does not bode well for her. These jurors are old enough to have children and some grandchildren of their own and they would be able to understand loosing a child to such an event.
They have DP pools in the Lone Star? You’re putting me on.
xoxoxox
Long Ass week about to start all ove-r I had to work a snark in ATG.
B
JDen says @ May 5, 2013 at 4:19 pm
There is no part of me that believes this perceptive jury will return a manslaughter verdict. They may be confused as to the sequence of events, and I imagine that in every case there is room for speculation even with an admission of
the facts, but there is no way they will allow this succubus in human form to walk the streets again in short order. I do not believe they will allow that to happen.
**********************
Murder 1, Tuesday morning.
ecossie possie says:
May 5, 2013 at 7:42 pm
Jodi will never step outside a prison until the day she dies
I doubt she will be stepping out on that day either Blink.
**********************
(me)
I’m in agreement with Jden & ecossie posse.
I believe this jury will come back with Murder 1 conviction.
LWOP or DP … not sure of this decision by jury.
But either way JA will never walk free in society again.
The media will move along to the next storyline and except for the requisite nut-jobs that correspond with the infamous … JA will be alone with her pathetic self.
Kinda like that piece of used toilet paper.
Jeffssis, thanks for your 1,2,3. Good way to look at it and, if I were the prosecutor, I would have used your words in closing.
JM was nervous, concerned about his larynx not getting too dry, and couldn’t seem to recall his script. He just didn’t write a good closing, imo. Not that he should have been overly-dramatic, but to spend most of it underscoring the lying of the defendant was too simple.
As Blink points out: The game was his to lose. And he started that early on with the evidence he presented to the court. Did JM choose to go to trial basically alone? Is there no one else better in that office? Did he take the advice of attorneys who were calling in, writing, passing on their perspective?
Egads. I want this woman LWOP and I’m scared the jury won’t be able to find.
A tv station has a verdict alert and I’d sign up if I could let myself overlook their sensationalism.
Keep us up to date, Blink. I’ll be checking here first.
@ Thank you Blink and GraceintheHill for the answer and link.
mamere says:
May 5, 2013 at 10:24 pm
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Hi Mamere, were we watching the same case?
I saw a prosecutor that is incredibly adept at thinking on his feet. He shone the most in cross examination of all the witnesses, including JA. She side-winded her way through her testimony, but he kept right up with her.
But, don’t take my word for it. Talk to some of the county attorneys who made sure they got a seat in the well to watch JM’s closing. Those lawyers don’t turn out for merely competent or mediocre prosecutors. JM has worked with the Maricopa County’s District Attorney’s office 25+ years, the last 17 of which he has prosecuted only homicide cases. He is considered one of the most seasoned and successful homicide prosecutors in Arizona. And, to top it off, he is a really nice guy.
Btw, Dr. DeMarte filed her reports many months before her laptop was stolen. She may have been a rookie, but I think she did a great job in this highest of high profile cases. I suspect Dr. Hayes is the one who suggested Dr. DeMarte to the prosecutor.
No trial is ever perfect.
In my experience, the higher the profile, the greater for errors like the ones we have seen in this case. But, I have seen worse, and seen jurors go on to convict.
That said, I believe Mr. Martinez has proved his case beyond a reasonable doubt. The evidence – to use JA’s own words – is pretty compelling. That is an understatement.
I think the jury will find Arias guilty of first degree murder.
Agreed on the high profile Grace- and unfortunately that means that statistically speaking, the odds are not in favor of a 1st degree conviction. To your comment usage of Jodi’s of “pretty compelling”- you underscore the heart of what I feel was the first window of Arias realizing in her defense the ill-timed and unverified pics worked to her advantage, and that was weighed in her mind. As in, pretty compelling, v pretty damning.
I also agree that for whatever reason errors and high profile seem to be like chocolate and peanut butter lately.
I sincerely hope you are right, as well as the confidence boosting posters here that agree. Have I mentioned this woman is dangerous and should never be allowed in general society again, ever?
B
“The amount of botched and unsolved cases is abysmal….”
Missing buttons? That this was overlooked is unforgivable. Seriously, you either want to be an investigator or you don’t, and if you don’t want to do it right find a job where your apathy won’t harm society.
Blink, you must be channeling your frustration into just trying to make things better and educating folks. I certainly have a far deeper understanding since reading your blog and the comments written by your many intelligent posters.
I agree so much with you Blink that this women is dangerous and should not be freed. Even if she has been diagnosed with borderline, she has one common trait with a psychopath wich is if you don’t know her well, you will never see in her behavior or in the way she talks, how dangerous and manipulative she really is…
Another point that cought my attention at mr. Martinez close argumentations is that he told that Travis was already dead when JA shot him in the head ( and i really go with him in his theory ) but then legally speaking did JA killed Travis 3 times or only twice?
While dramatic of course, legally speaking you can only kill a person once. In closing arguments, the State and Defense are given wide latitude for subjective and hypothetical commentary that would normally be objectionable.
B
I hate to speculate what this jury will do, because I am often wrong. I didn’t think for one minute that Jodi would testify, so there you go.
I hope that enough was done in this case to render a unanimous premeditation verdict. I personally think there was.
Seems like the last minute manslaughter instruction is a very tempting invitation to “settle here”, so they don’t go hung. Did Broderick, Menendez bros, or Spector’s first juries have that option?
Blink’s button case story (kudos to you) reminded me of this articke online on CNN yesterday and today:
Hasler: Invisible women who hunt terrorists
http://www.cnn.com/2013/05/03/opinion/hasler-women-intelligence-analysts/index.html
The eptness of a cia team of unsung women tracking al queda in the 1990s forward.
Rose, one quick adjustment to my abstract- in the alleged stippling/point blank finding, I found the partially removed tattoo from an unspecified medical record I was able to track by researching the Dr. name- a dermatologist. In my report (once I realized that pieces of data may have been intentionally withheld) my finding only stated that the macro I looked at did not in fact appear to be the standard stip or gun nuzzle skin burn and the ME conclusion was in error. I further supported this by providing a velocity study of that caliber weapon that contradicted the finding with or without the “marks”.
If you can believe it, the ME flatly stood his ground and even updated his report from his notes to include the verbiage “patterned circular burns consistent with…”
So.. I followed up with the confirmation from the dermatologist as well as a social site picture of the decedent’s back with the full tattoo I was able to match from an untagged friend’s site.
My point in sharing this is that slight variances in analysis are case changers. I am no savant and I am not tooting my horn, lol- But similar diligence in this case would have made a big difference, imo.
I loved that article. specifically a snip:
…”For whatever reason, women are particularly good at perceiving patterns in a nonstop stream of seemingly random data…”
I totally agree with that, and I would offer that colleagues or investigators I have worked with in the past would agree.
B
just some philosophical notes as we await the verdict.
The OJ defense closing argument stressed the overall the dishonesty of the prosecution, and had a sermonic air to it,focusing the jury on the ONE concept that seems to overide any disagreements, people shouldn’t lie.
In general, the media has zeroed in on the collective competitive nature of our society with things like American Idol, top Chef, Love it or leave it.. my point is that there is a competitive nature to the perspectives on this trial- each sie ” vying ” for the validity of their opinion. Pro and anti Arias sites read like accounts of boxing matches at times.
I do beleive that THIS site has risen above that with all efforts to peel the onion in a way that is according to evidence ( or lack of it) as opposed to wining and losing as though this has been a relay race…
Appreciate that who- that is my absolute goal. I cannot stand that bloodsport mentality. I DO understand the concept of feeling a strength of one’s opinion in a way as to almost “will the outcome”. I so get that. One of the greatest creedo’s one can adopt imo is the ability to be wrong, to learn from it, and be open to doing it again. With this case review, analysis, following and outcome their has got to be a takeaway or we are all just rubberneckers at someone else’s Shakespearian horror.
Not acceptable to me.
B
I can’t believe I am STILL making typos after all this time APOLLYS!!!
My Dear Blink
I will allow you a way to blow off some steam. We don’t have DP Pools but DP “jury” pools in Texas.
This would be a group of jurors that are called for service on a Monday morning and grouped into 30 to 35. If there is a DP case, three of these groups are taken to a court for selection of a jury and alternates. This is a Harris County process. Other counties may do it differently.
With the additional information you have access to in this case that we do not, I am certain that it is hard to deal with the mistakes in procedures and poor judgement of LE, ME and DA. We all want quality work from our criminal justice system. Sometimes it reminds me of a “keystone” cops comedy.
Lol, thanks for that. I thought in TX y’all forego the DP jury and went straight to hanging
I know the DP is a sore spot for many. It is not for me based on the crime committed and level of proof used for conviction. There are certain cases I would not blink my blink to flip the switch myself and no burden to my conscience whatsoever.
B
@Blink
“Have I mentioned this woman is dangerous and should never be allowed in general society again, ever?”
B
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Etched in my brain…LOL!! Keeping my finger crossed this comes to pass.
OT
Blink, in the past my wife participated in a “focus group”, and I have been invited to take part in one later this month. Essentially, as I’m sure you’re aware, it is a case study of a potential jury pool by a legal team trying to determine a potential outcome from my county’s demographic. Long story short, should they settle, or could they win their case??
Question-Is this practice used only in civil proceedings, or would a criminal defense firm do something similar?
A focus group is used for many purposes, it’s primary use is in consumer goods actually, in my former professional life, I have designed them and run them. In law- they are common in both civil and criminal areas, but much more utilized in tort actions and criminal law and they are usually “blind” or in the abstract or both. I would not be surprised to hear your spouse is attending what is really more closely referred to as a mock trial, which consists of representatives invited based on whatever the cross section of jurors applies to their needs.
B
Did anyone notice this throat slash gesture by Arias during closing arguments?
https://m.youtube.com/#/watch?feature=youtu.be&v=qLxNbzveMyY&desktop_uri=%2Fwatch%3Fv%3DqLxNbzveMyY%26feature%3Dyoutu.be
Really?
Inda says:
May 6, 2013 at 12:53 pm
“Did anyone notice this throat slash gesture by Arias during closing arguments?
https://m.youtube.com/#/watch?feature=youtu.be&v=qLxNbzveMyY&desktop_uri=%2Fwatch%3Fv%3DqLxNbzveMyY%26feature%3Dyoutu.be
Really?”
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I wonder if the jury caught this. Beyond words. Martinez better watch his back if she “walks”. Jodi’s mentally unstable. I pray she’s locked up forever.
While we are waiting for the verdict, I just want to do a shout out to Blink and the other posters here.
The intellect and the challenge to look at things from different angles, not to mention the passion for justice is refreshing.
I am hoping for murder 1 verdict in this case as I think anything less is not justice.
Thank you to all for the contributions and your hearfelt thoughts and analysis.
I’m speechless again (actually this caused me to have trouble breathing for a few minutes).
http://www.nydailynews.com/news/national/jodi-arias-raising-money-domestic-violence-victims-article-1.1336150
Yep. Criminal defendant usage of social media to reach jurors and general public. check.
B
…” Something happens to ordinary citizens when they get into the jury box. All of them become defenders of the Constitution. Every single time. Very difficult…”
-Roy Hazelwood, Former FBI Behavior Analysis Unit Section Chief R current co-founder The Academy Group.
Blink – long time reader, infrequent poster here. I can absolutely vouch for the quote that you posted above. I have recent,first hand experience with this jury psychology. I was in the jury pool in a capital case just a few weeks ago (the first time I have ever been called to serve). I went through Voire Dire and ended up being struck – I am guessing by the defense but the way they do it in my state you don’t know which side strikes you. It was a very interesting and educational experience.
A little bit about me – I am a conservative (Christian, Republican) type person, typically very pro-prosecution. I should be a prosecutor’s dream juror! But when it actually comes down to you being the one who has to make a decision to take a life, and it is not just an abstract conversation that you are having anymore, things change. I found myself thinking that I would have to be 100% convinced by the case, and I found myself becoming “a defender of the Constitution”. Conversations among fellow potential jurors on that case seem to indicate to me that people are looking for any reason not to have to sentence someone to death. I came away with a new respect for how hard the job of a prosecutor really is, because I now think that they really do have an uphill battle. Again, I should be a prosecutor’s dream juror, but I can tell you I would have really scrutinized the State’s case and it would have had to have been flawless. And that surprised me about myself – I consider myself to be very pro – victim and pro-prosecution. (BTW – the case ended up with a hung jury, which did not at all surprise me).
Sending prayers to this jury!! I understand now that it is harder than it seems!! And praying for justice for Travis.
Thank you for posting your experience TallyHo, very interesting.
B
@ Inda says :
May 6, 2013 at 12:53 pm
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OMG one could think it is a natural gesture but wiewed in slow motion it appeares really she makes this throat slash gesture. That gives me a goosebumps!
Imo JM presented enough evidence for any juror to individually conclude Jodi premeditated. The problem is jurors will focus not on that as much as on reasonabke doubt. The prosecution’s real challenge is to plug the reasonable doubt holes. And these days that means with objective forensic evidence or eyewitnesses, more often than not.
Rose just articulated wonderfully what I have been struggling to do, lol.
It is not the thinking process, critical, emotional or mineral- it is the QUESTIONING of oneself in a capital case when someone’s life is on the line for, ahem, taking another life. I don’t care what anyone says about them having no trouble finding for premeditation and raising their hand to inject her personally when the time comes. YOU DO NOT KNOW. You might believe that, but it goes right back to what I said – then you have the 11 others and their need to be heard, the influences that come with that, and I believe this is when the critical thinkers think aloud and the personalities tailfeather.
A perspective- I have had to have some of the most difficult and guttural conversations with families of cases that involve violent death and worse. These people were thrust into it as extended victims, and I have chosen this field and educated myself accordingly. Can’t get more polar opposite than that, right? I am not going to go into specifics because I feel that is a breach to their privacy so I will just say this- You do not know ultimately how the pics, knowledge and/or lack of knowledge in a horrific and bloody homicide such as this is going to affect people. Yes, there is a removal for victims families v jurors, of course, but my point is the very reaction to such horror to untrained people when it is very real is highly unpredictable.
B
lizzy says:
May 6, 2013 at 1:35 pm
I’m speechless again (actually this caused me to have trouble breathing for a few minutes).
http://www.nydailynews.com/news/national/jodi-arias-raising-money-domestic-violence-victims-article-1.1336150
Blink responds:
Yep. Criminal defendant usage of social media to reach jurors and general public. check.
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Let us not forget this woman’s deviousness and her goal.
In the sentencing phase, any mitigating factors will be considered.
Arias has lacked remorse and has no good deeds to support her ability to be rehabilitated
Raising funds for domestic violence victims is a feather in ones hat.
Arias has posted ” new ” artwork for sale on her site, including two drawings she did in high school, and a doodle she says she didnt complete because she couldnt find an ink pen to match the flow of the ink or color. Repeat, she is selling stuff that she has kept for almost twenty years.
Where did she keep it? How was it accessed to be put up for sale?
Re- repeat- Arias has moved many times since 1998. Yet she is able to retrieve these three drawings.
She was able to find the ” lost ” phone when she needed it, after it was missing for two years.
She kept receipts of her trip, and in evidence not given to the jury, told her mom that she was not in Mesa and had the receipts to prove it.
She was able, after two years of saying the nijas did it, to find letters allegedly incriminating Travis ‘ pedophilia.
She offered Flores that she had bought a gun for a camping trip, to be safe. She was laying the groundwork that she had a gun in her car to be safe driving to Salt lake City, but realized as an after thought that it wouldn’t work due to her grandparents reporting the theft.
The interrogation tapes and the interviews were her means of floating things out to see the response.
her inmates in jail got her started on the ” i didnt know the gun was loaded” and he was so bad to me I thought he was gonna kill me” line of thinking.
My conclusion?
That gun was put somewhere that she could go back and find it. If she had needed it to prove that it was NOT her grandfathers, she would have gotten it.
Nomatter what the verdict is, this case won’t be over. If she gets convicted, it willbe a world of appeals.
if she gets off with max sentence of 22 years for second degree, she will keep going til she gets that parole.
The social media and media saturation is affecting her ability to get a fair trial in case of hung jury.
I hope that our justice system will take a look at social media the same way they made laws against profit for the incarcerated.
And i hope that very judge has learned the impact of allowing cameras in a court room.
The laws concerning freedom of speech etc were made LONG before anyone even imagined living in a global network…. we gotta catch up with what our world is TODAY
I can’t recall how many times I have heard the phrase “Are you watching the same trial?” I am not calling anyone out. In fact, it seems to me in this social media age, we are not watching the same trial. Many people following this trial have personally decided JA’s guilt and deserved punishment before the trial started. They cheer when JM brings up a point and jeer at the defense lawyers. Anything that points to JA’s guilt is “Justice for Travis” and anything that points against her guilt is a lie. There are websites where the opposite is espoused.
Many people are following this trial on video as well as simultaneously on social media. Every utterance during this trial is filtered, refined, and reinforced through social media. It is my sincere hope that the jury is not following social media. As a result they really are following a different trial.
Also, due to social media, we all have our own perceptions of the key players.
Both TA and JA are complex human beings, and it is a mistake for those of us who have never met them to try and make them fit into our ideas of who they are.
TA was loved by friends and family and active in the LDS church. On the other hand, he suffered an abusive childhood and probably some lasting scarring. He was involved in questionable business practices. He was single when most of his friends were married – was it a case that he hadn’t found the Right One yet, or did he have interpersonal relationship issues due to childhood abuse? There is no evidence he was a pedophile, but he was a flawed individual (as we all are).
JA has no significant prior criminal activities. She was obviously a troubled teen, for reasons that are not clear. She was involved with several long-term relationships, and there is not any documented evidence of violence against TA until the killing. It is not clear what tipped her over the edge (why now? why this relationship?). Even the experts in this trial can’t agree on a diagnosis. Even with her sexcapades, we know what she was willing to do, but not necessarily was she enjoyed doing. She is not a victim of domestic abuse from TA, but I suspect she is much less non-human than many would like to believe.
As a result, due to social media, we all have differing perceptions of this trial, the victim and the perpetrator. In some ways, we all did watch separate trials. In fact, most of us know important details which were never presented to the jury, such as the gun and knives she had when arrested. I know why this information was not presented, but the rest of us cannot really un-know it.
As we await the verdict, I am left with a sense that a big chunk of the story is missing, a feeling that everything doesn’t add up. As a result, if I were on the jury I would find her guilty of murder, but would probably not vote for the DP (even though I support the DP).
I have been lurking on here through this trial. Frankly, I don’t care what kind of intercourse people have, whether or not they choose to follow all of the tenets of their religion, whether or not they vacillate with breaking up with a partner, how many times people text and IM each other, and who they take with them on vacation. No one deserves to die violently at the hands of another for the summation of those things. I am, however amazed that both the prosecution and defense can make such glaring errors in this day and age and our system proceeds as is.
I truly hope that these jurors all have common sense and realize that no one could logically have as many flimsy excuses for every possible scenario that points the finger at premeditation. I hope those conversations they are having right now are productive and logic prevails. They have a tough job.
welcome and well said mamaroots.
B
Martinez effectively (I didn’t say perfectly) prosecuted this case beyond reasonable doubt. No case is without holes to poke because humans do make mistakes. I doubt this jury is focused on errors made here and there that they can’t see the forest for trees. They will apply common sense to the circumstantial evidence and forensics. If the over thinkers/over analyzers get stuck in the weeds, we hope they will be doused with a lethal dose of common sense to avoid the risk of them confusing “No Doubt” for “Reasonable Doubt”. Common sense will prevail and Jodi will be found guilty of premeditated murder…I hope and pray.