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  1. #61
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    January 9th, afternoon testimony

    Defence is cross examining Ryan Burns about text messages between him and Jodi.

    --Defence enters exhibits of text messages from RB to JA where RB indicates his romantic interest.
    #278 text message, April 30 2008. "Never!, not until I get my goodnight from my adorable girl in Cali".
    #279 text message, April 30 2008. "Thank you gorgeous, goodnight".
    #282 text message, May 3, 2008. "Just come and stay". RB states that it was probably in reference to JA coming out to visit as she traveled a lot.
    #281 text message May 3, 2008. "Good, so I am getting closer to talking you into it, LOL, what do I have to do to seal the deal? LOL".
    Defence asks why "seal the deal?" was JA reluctant to come for a visit? RB says he never sensed it.
    #??? text message May 3, 2008. "You promise not to play hard to get when you get here LOL"
    Defence now asking about RB's sexual conversations with JA after she had visited him. Defence wants to know if the sexual conversations were like the text messages we just saw. RB says he explained to JA why he didn't take things further when she visited. RB says that him and JA talked what would happen if they were together again.
    Defence: As it relates to the visit itself and the messages exchanged, RB is asked if he was hoping for a romantic interaction.
    "No one believes a word out of your mouth, why do you keep talking?" --Ryan Owens (ABC News)

  2. #62
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    January 9th, afternoon testimony

    Defence is cross examining Ryan Burns about text messages between him and Jodi.

    --Defence enters exhibits of text messages from RB to JA where RB indicates his romantic interest.
    #278 text message, April 30 2008. "Never!, not until I get my goodnight from my adorable girl in Cali".
    #279 text message, April 30 2008. "Thank you gorgeous, goodnight".
    #282 text message, May 3, 2008. "Just come and stay". RB states that it was probably in reference to JA coming out to visit as she traveled a lot.
    #281 text message May 3, 2008. "Good, so I am getting closer to talking you into it, LOL, what do I have to do to seal the deal? LOL".
    Defence asks why "seal the deal?" was JA reluctant to come for a visit? RB says he never sensed it.
    #??? text message May 3, 2008. "You promise not to play hard to get when you get here LOL"
    Defence now asking about RB's sexual conversations with JA after she had visited him. Defence wants to know if the sexual conversations were like the text messages we just saw. RB says he explained to JA why he didn't take things further when she visited. RB says that him and JA talked what would happen if they were together again.
    Defence: As it relates to the visit itself and the messages exchanged, RB is asked if he was hoping for a romantic interaction.
    "No one believes a word out of your mouth, why do you keep talking?" --Ryan Owens (ABC News)

  3. #63
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    Texts from witness Ryan Burns to defendant:

    Defense exhibit #278



    Defense exhibit #279



    Defense exhibit #282



    Defense exhibit #281



    Defense exhibit #280

    When someone shows you who they are, believe them the first time. ~ Maya Angelou

  4. #64
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    #280, #281 and #282 are admitted. . . .
    Def. Atty wants RB to read #278 to self . . . text he sent to her @ end of April . . . he was explaining his continued romantic interest in her.

    #279 - text message from RB to JA - further continuation of his romantic interest in her.

    April 30 2008 8:03 - Never until I get my goodnight text from my adorable girl in Cali . . . #278

    #279 - 4/30 8:13 AM - ty Gorgeous good night

    #282 - Another text RB sent to JA - 5/3 7:09 am - Just come and stay
    reference her coming to visit @ some point - wanted her to come

    #281 - 5/3 7:19 am - Good, So I am getting closer to talking you in to it lol what do I have to do to seal the deal lol

    he never felt that she was reluctant to come see him . . . what was the point of needing to talk her into it? just wanted her to come. . . .


    #280 - 5/3 7:23am
    You promise not to play hard to get when you get here lol

    RB agree texts were flirtatous - they had engaged in sexual conversations after she was in SLC to visit. . . . before she went there - they talked about watching a movie and cuddling up. These texts are from a month before she came to visit -

    had sexual conversations after her visit - are they the same character than what we see in these texts? We knew each other alot more after she visited - she spent whole day with me . . . we talked about why things didn't go further while she was there (sexually) but she explained she was a big girl and I didn't need to protect her feelings.

    She did invite RB out to Cali after TA had died. . . . after text messages, phone conversations the IM's . . . RB was at least hoping for romantic interaction when she arrived . . . when she arrived 6/5/08 - RB was hoping for a romantic interaction . . . we joked about if RB would have to make a move - JA said she was a "snuggler" watching movies and snuggling up . . . RB found her attractive and wanted to pursue a romantic relationship (ie: kissing, cuddling) - hoping or expecting to happen in June. . .

    RB says you are talking about before . . . .

    Def. atty specifically talking about 6/2008 - that was the only time they spent time together . . . .

    Different trips . . . got a little confused . . . when she arrived on 6/5 hoping to snuggle up and get to know her - didn't know if he would like her or not . . . . visit met his expectations - he was happy with her when she left.

    sounds like they interacted for 24 hrs . . . she arrived on Thurs around 10 or 11 - she left next day @ midnight or 1 - a little more than a day. During that time he saw nothing abnormal - she was acting the same as his interaction with her before . . other than the cuts on her hand . . . she was shy in public - first time I saw her in public because in Oklahoma City only 3 or 4 min. in public - no previous real reference point in public.

    Prosecutor: She didn't stay more than 24 hrs . . . only 14 or 15 hrs. . . . .

    Text messages #280 - text 8 of 43 - are you hiding other texts somewhere? where are the other texts to her? are you responding to her? can you tell what she said before in # 8 . . . she could have said .... we are going to have some good sex . . .RB - she never said that . . . . any idea what you are resonding to ? NO

    9/43 - #287 - don't know what was said before

    22/43 - what was she saying before . . . . (object - argumentative) overruled. don't know what she is saying.

    #278 - Never . . 23/43 text messages on 4/30 . . . 8:03 am -

    #279 - 4/30 8:13am - - it is later. . . .

    cuddling . . . interaction you had with her . . .was this first sexual interaction with her? yes . . none in Oklahoma City . . .kissing @ 3 or 4 pm . . .she arrived @10 or 11 . . .within 5 hrs of her arrival - cuddling include her moving you around, getting on top of her and grinding on your pelvis . . .

    RB says cuddling is snuggling up to a movie. (means to him)

    things changed - had a good time with her - spent whole day with her liked her alot . . . if more time was allowed do you think you would have engaged in sexual relations? it could have gone further . . .how about the first time i Oklahoma City - more time could it have gone further? yes it could have - object overruled

    Mormon faith - any reason to doubt her sincerity involving what she told you why she was late in arriving in West Jordan Utah? Objection - approach
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  5. #65
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    January 9th, afternoon testimony

    Defence is cross examining Ryan Burns about text messages between him and Jodi.

    --RB is asked if he was expecting "a romantic encounter" when him and JA met up on the 5th of June. RB states he was happy with things when she left.
    --Now asking about the cuts on JA's hand and going over RB's testimony about JA being more outgoing in private than in public. No new information just reviewing RB's statements.

    Redirect

    --How long did JA stay? 14-15 hours.
    Now going over the text messages.
    #280, is text 8 of 43 texts. Prosecuter asks where are the other texts? We have only been shown the messages from Ryan to Jodi.
    #281, #279, #278 text messages, RB does not know what his texts are responding to. In other words, we do not have the entire text conversation and the sequence of the messages.
    --Prosecution now asking about the interaction RB had with JA when she showed up. It was the first time they had any sexual interaction. It was around 3 p.m. and she arrived at 10 a.m so in five hours this interaction took place.
    --Prosecution now asking RB about the future of their relationship at the time. RB said he had a good time with JA. Prosecution asks if the physical relationship could have gone further the first time they met and if there were to meet again if there could be any sexual encounters.
    --Prosecution: "did you have any reason to doubt her sincerity about her reason why she was late arriving in Utah". Defence objects, lawyers approach the bench.
    "No one believes a word out of your mouth, why do you keep talking?" --Ryan Owens (ABC News)

  6. #66
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    January 9th, afternoon testimony

    Redirect continued

    Prosecutor: What did JA do to try and get you to return to the church?
    --RB says going to church, praying, reading scriptures.

    Prosecutor: "After she left you did it change?" RB: "no" Prosecution is done.

    Defence back up. Clarifying that JA did not send any text messages to the effect of saying that they were going to have sex when she got there.
    "No one believes a word out of your mouth, why do you keep talking?" --Ryan Owens (ABC News)

  7. #67
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    Her sincerity about her faith . . going to church, reading scriptures, . . .

    Defense back up . . .

    Another voice of speaking . . . Prosecutor - if he has something he has to say to me he can do it directly to me.

    Any text where she said when I get there we can have really good sex . .. end of questions


    Jury questions in the basket . . .

    Judge reading juror questions to self . . . .
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  8. #68
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    Missed first questions from Jurors. . . .

    Do you know date and time stamps on the messages? don't know . . . why would you say goodnight @ 8 am? I thought that too it doesn't make sense. .

    Do you know time and date those conversations occurred? Either an IM before she came over or the 8th or 9th after TA had been killed - a few days after she visited me. . .

    Defense Atty - dates and times - don't know why the times were what they were . . . just guessing . . no guessing . . . no explanation for it. . . not doubting any verbage - those are my text messages .

    No other questions from jury.

    State recalls Heather
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  9. #69
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    Jury Questions

    1) Where did the information about Travis Alexander being a flirt come from?
    RB: I don't remember.

    2) With regard to the exhibits you were shown where did the date and time stamps come from? Why would you say goodnight at 8 a.m.
    RB: I don't know

    3) Do you know on what date those conversations occurred?
    RB: It's an instant message conversation we had before she came over or on the 9th before we knew Travis had been killed.

    RB is not doubting the verbage of the messages.
    "No one believes a word out of your mouth, why do you keep talking?" --Ryan Owens (ABC News)

  10. #70
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    Maureen Smith sworn in . . . JA looking up adjusting glasses and flipping her hair - MS is fingerprint (latent print) examiner - compare ink prints . . . . work completed on 6/17/08 - individual prints of JA . . .

    livescan 10 prints - uses computer system - no ink - roll finger over clean glass and computer takes image . . #294 moved to be admitted . . . Defense looking over exhibit - no objection - admitted

    Prints taken @ Mesa @ Main Station - 130 N Robeson(?) - include a name and backside includes residence of indiv. . . 352 Pine Street Yreka, CA

    Cross exam . . .
    what were circumstances of obtaining . . . Det. Flores bringing in couple of individuals - doing them as part of case investigation - JA came in and offered opportunity to print her.

    State Calls Kevin Biggs - Mesa PD - forensic Latent Print Examiner #2

    same work as Maureen Smith - points out JA in court . . .

    Exhibit #293 - major case prints taken of JA on 6/17 -palm prints, joint prints and the old fashioned way w/ink and paper.

    Exhibit #294 - set of prints taken on digital computer by Maureen Smith - also a 10 print card.

    AFIS system only did 10 prints - I was able to get palm print and edges of the hand - at th time I took thse the machine we were using only took 10 prints and not palm and edges. No way to date it other than to look @ when machine was manufactured.

    #293 - admitted . . . difference that he was describing - ink and paper - JA provided info about height/weight/date of birth . . . back shows left palm print . . . left little finger - felt he needed to roll it again on back as not enough space on the front.....

    the thumb side of the palm. . . one on back is the right palm.

    Cross exam . . . prints obtained Mesa Police station - latent unit - JA provided these prints . . . witness steps down
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  11. #71
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    Maureen Smith back on stand . . . collect dna samples for unknown and known samples . . .collected a buccol swab - inside cheek swab - JA came into station gave prints and dna swab same day

    State calls . . .Heather Conner - exhibit #139 . . . picture of west wall hallway - between master bedroom and bath . piece of wal - w/square drawn around it . . . seized the wall . . .

    #140 - ltent palm impression developed on the wall - friction ridge from palm side of hand . . . once back to lab - add'l photos taken in lab. While @ scene - photos taken on the wall and it was tight space to work with camera and tripod - took the wall piece with latent print to look @ in the lab.

    Comparison done between photo and the known prints. . . photo of latent palm print from the wall . . .

    there were numerous photos of the same ridge detail and surface . . Exhibit #140 arrow indicates directionality - up to to the ceiling . . . LCV = luco crystal violet

    Exhibit #292 - admitted . . .
    start lower right hand corner - initials Hc - employee ID 16166 and date 6/26/08 == date latent print individualized . .. . .

    date at the top - designator assigned by her #169A

    info on the back o the photograph

    compare #292 to #294 - 10print card - this was not compared to this record. . . #293 is what she worked with - latent palm print - compared to this exemplar -

    findings -conclusion latent #169A left palm of Jodi Ann Arias . . . this witness put that info on it.

    Piece of wall - witness asks to see i . . . wall was orited this way - holding up . . . this region - left palm . . .

    hand is diagonal and pointing down - fingers going off to the right bottom . . .

    #217 - scale collected item 15LB - this has a glass like top.

    Exhibit #217 - admitted

    #227 - bathmat - admitted

    Exhibit #63 & #64 - pillows & comforter . . did you collect that? don't think so . . . gloved hands to open items in evidence . . .

    These were items collected out of dryer.

    #212 - items - entered

    says on bag and bedding items - don't recall every item in there . . . sheets, another sheet item with buttons - a duvet cover?, towels and the like.

    Exhibit #130 - area on carpet with stain . . . carpet leading to master bedroom right where it leads from master bath . . . birds eye view of red stains on carpet. ... tile on the hallway also shown in picture.

    Exhibit #211
    wrapped in butcher paper - appears to be same piece of carpet shown . . . .

    (JA looking away . . . head down) while witness pulls out carpeting piece from bag and butcher paper ( . . . this is piece of carpet can see some of the staining on interior fold . . . . Any butcher paper available? no we don't have any . . .

    (interesting to not she is asking for Butcher paper! in front of the butcher)
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  12. #72
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    Photo of carpet with stain


    Carpet removed from the bedroom with stain


    Travis' family looks away during the viewing of the stained carpet
    When someone shows you who they are, believe them the first time. ~ Maya Angelou

  13. #73
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    E216 - towel thought it had been bleached . . . if I recall ever seen a towel with bleach . . . this looked like it could have been . . . don't know if it has been bleached - knowing what bleach does to clothes it looks like it could have been.

    Please look thru and see if other items appear to have been bleached . . . . certainly

    It has the same appearance of what bleach looks like . . . . other items . . . there are orange coloration to an otherwise very dark sock . . . another sock . . . orange coloration different than the remainder of the sock . . .

    different coloration of the shirt - don't know the cause of that . . . I don't recall saying it was a tie died shirt - it certainly could be.

    Def. Atty asks her to take a good look on each item . . . 10 items don't see anything obvious . . .without going thru every single sock . . . not during this cursery look - don't see more items with bleach staining.

    items in #216 - all taken out of the same load of wash @ the crime scene. Biological unit - biology unit helped to process scene . . she did all collection of biological evidence. Did they test it . .she doesn' t have any work in biology unit - can't say whether or not they were testing .....items in wash machine were not tested @ scene -

    #213 . . . opening .. . camera bag from loft area in residence - there is a strap inside . . . it looks like it is in it's original packaging (IMO) - it shows sony . . . it is the only strap inside the bag . . .
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  14. #74
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    Cross . . . tied died tee shirt what size is it? . . . she looks again . . .

    size M for medium

    other tee shirt - marked L - large ....

    who collected biological evidence @ scene . . . #140 . . .

    object- collection in washing machine . . . collection @ the scene.. .

    Counsel approach.
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  15. #75
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    Did you collect or check area of wall piece with the print . . . . for biological?

    I did not do that . . . it was done somewhere else.

    No further questions from counsel - 1 from the jury - counsel please approach.

    Why was the towel not tested for bleaching . . . I don't know of a test . . . don't know the answer .

    Was there a neck strap on the camera in the washing machine? Would it be possible to see the photo of the camera we have seen prior? Mr. Martinez?

    Exhibit 11 & 12 &3 #14, #15, #16
    It does not appear there is a strap on that camera.

    is every inch of all surfaces tested for prints? No

    WEre the walls dusted from floor to ceiling . . . no . . . examiners make a determination a wide swath of the wall was tested from knee to neck level . . . it is not feasabile to process every inch from floor to ceiling.

    What type of key used to open bedroom door? don't know

    Was knife used in the killing collected @ the scene? don't know - lots of knives collected frm the scene .

    Another question - counsel please approach

    How long will a print last on a surface if not washed or disturbed . . . possibly indefinately - there is no way to date a latent impression - you can date a certain item (ie: soda can dated) a window washed since the last washing . . . depending on the type of residue left - it can be a very long time.

    If someone says I was there on 6/4 and I killed that individual - and I haven't been there be fore that . . or since . .. would you be able to date that info? I would not be able to date.
    Object - overruled

    On a soda can =- yes

    repeat hypothetical - if they haven't been before for months and have not been there since but admitted they killed there on that date . . . i she had more info - she may be able to guess. . .

    Exhibit #140 - latent impression #169A impression AD - chemical used for that may have been left in blood - it is possible to draw some conclusion . . . can't give dating of a print.

    Objection - goes beyond scope of question - overruled

    This particular chemical used to process wall because they saw great deal of red staining used this chemical with belief prints left with the chemical may have been left @ the time.

    May step down.
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