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  1. #31
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    I have a question about these evidentiary hearings... why weren't they done pre-trial?

    (thanks for all the answers in this thread!!!)

  2. #32
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    Quote Originally Posted by minor4th View Post
    Probably privileged under the "priest/penitent" privilege. There are some instances in which even privileged communications can be pierced and the testimony compelled -- such as sexual crimes against children in my state. It probably varies by state.

    If it was a statement by Jodi, it would not be hearsay if it's offered by the State. Statements by the "party opponent" (Jodi in this case) are not hearsay. Statements by Travis would be hearsay.
    In talking to Flores in the interview room she mentions that the bishop told her that Lisa turned down TA's proposal. This is what I was referring to, that she spoke of her and the bishop's discussion of TA and her relationship with him. So I guess I am asking if in this occasion the DA could call the bishop to the stand and discuss this talk they had. Since the Mormon church bishops, from what I have read, serve a term of seven years instead of a life long term, would that still apply legally as a life long priest/penitent conversation, again, legally?

  3. #33
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    Quote Originally Posted by nursebeeme View Post
    I have a question about these evidentiary hearings... why weren't they done pre-trial?

    (thanks for all the answers in this thread!!!)
    Someone asked about this yesterday in the discussion thread

    Short answer is that many determinations cannot be made in advance because relevance and foundation issues might depend on other evidence that is presented.

    The defense does not have to preview its whole case for the state and have every piece of evidence pre-screened for an admissibility ruling. And remember the defense is allowed to change its theory of the case even mid-trial.

    The phone recordings, for instance, their relevance would depend on what the state presents in its case. So there couldn't really be a pre-trial determination. The state did make a pre-trial motion to preclude evidence about Travis' sexual proclivities, but the judge deferred ruling until the state presented its evidence, and that was the proper ruling IMO. This may be why the state was careful not to bring any evidence of Jodi stalking Travis, and might be why they really narrowed their presentation of evidence to the essentials -- maybe trying to avoid opening the door for the defense to argue these tapes are relevant to rebut the state's evidence that Travis was trying to distance himself from Jodi. Pretty smart, I'd say.

    I'm trying to think of any evidence the state presented that might conceivably give the defense an argument that these tapes are relevant, but I can't think of anything. All of the mention about stalking was brought up by the defense.

  4. #34
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    Red face

    Quote Originally Posted by 3trees View Post
    In talking to Flores in the interview room she mentions that the bishop told her that Lisa turned down TA's proposal. This is what I was referring to, that she spoke of her and the bishop's discussion of TA and her relationship with him. So I guess I am asking if in this occasion the DA could call the bishop to the stand and discuss this talk they had. Since the Mormon church bishops, from what I have read, serve a term of seven years instead of a life long term, would that still apply legally as a life long priest/penitent conversation, again, legally?
    Interesting. So maybe the argument could be made that Jodi waived the privilege by discussing with Flores her conversations with the bishop. If there were something really compelling they thought the bishop could add, they might be able to make that argument, probably unsuccessfully. Jodi didn't disclose too much about her discussion with the bishop - probably not enough to argue a complete waiver.

    As a practical matter, they wouldn't bother because there's no way in hell-o Jodi told the truth to her bishop, so he'd probably only be able to give the same story Jodi gave Flores

  5. #35
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    today we heard about the helio phone and that there were texts and 8 recordings on it (most likely the sex tapes)

    can these be brought in if Jodi testifies to lay the foundation?

    or would the recording of someone without their permission thing come into play?

    tia

  6. #36
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    what did you make of Jodi's testimony? what would you attack in cross?

  7. #37
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    I will answer your questions nurse, but I have to process this for a bit and let it settle in

  8. #38
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    another poster on the trial discussion thread asked why the jury was asked to leave for three minutes and then return (before Arias took the stand). Do you know why that would happen?

  9. #39
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    Quote Originally Posted by nursebeeme View Post
    another poster on the trial discussion thread asked why the jury was asked to leave for three minutes and then return (before Arias took the stand). Do you know why that would happen?
    Probably so they would not see the security device on her leg

  10. #40
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    By Jodi's testimony so far would you say the jury is leaning toward the self defense theory or pre meditated murder?


  11. #41
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    Do you guys think Juan knew she would take the stand?

    As for cross: what can he address? Only her testimony?

  12. #42
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    Quote Originally Posted by chakti View Post
    DT claims there is a phone sex call recorded by Jodi of Travis and her having phone sex where he says she climaxies like a 12 year old girl.

    How the heck could they get that in ?
    Ho ho! Looks like we now have the answer: By having jodi testify. We'll see if it works.

    Quote Originally Posted by kscornfed View Post
    i asked gitana this but didn't get an answer so here goes.

    can you explain how the DA thinks that if the gunshot was first, it makes this murder not cruel? they seem to think it's very important and i don't get why it matters.

    we know TA had defensive wounds---although IMO, he didn't have many and he had none on his arms---so i'm thinking he was definitely not 100% at the time he was being stabbed. (i'm a gunshot first person in this case.) i just don't know why it matters when it comes to deciding the cruelty of the crime.

    also, could it be that the ME is sticking the 'gunshot last' for this reason? that the DA WANTS that wound to have been first?
    Sorry, I missed that. To add to what MInor4th stated, IMO, the defense's gunshot first theory claims that Travis was already dead or knocked out by the gunshot so he did not experience the prolonged stabbing and almost decapitation. I disagree because if he was shot first (which I believe), he still was able to try to get away, first to the sink and then down the hall and he probably was screaming at some point (as per jodi's ninja story). So either way, IMO it;s cruel. The judge determined that as well.


    Quote Originally Posted by nursebeeme View Post
    what did you make of Jodi's testimony? what would you attack in cross?
    That's a huge question. I didn;t see that last hour but what I saw, wow. So much to process (as Minor4th said).

    But I know this: I cannot compare to Juan. I;m not a criminal law attorney and I lack his expertise in cross examination. My trials are piddly in comparison to a murder trial.

    However, I think I would focus on rebuttal witnesses to show what a liar she is. Also, I would underscore the ridiculousness of things she said (like she was beaten by her parents yet really, it was the being grounded that really angered her and overall, the did an incredible amount of things for her) and draw out the things she stated that her team wished she hadn't. Like her stalking behavior of ex boyfriends and how her parents had a good relationship (not abusive which is the fodder for most domestic violence victims who become victims after witnessing such behavior).

    Quote Originally Posted by rtsunsfan View Post
    By Jodi's testimony so far would you say the jury is leaning toward the self defense theory or pre meditated murder?
    I have no clue. I am not in their heads and after the casey anthony trial, I don't feel at all comfortable with trying to predict. However, I think analyzing their body language, note taking and facial expressions could be helpful and according to katiecoolady, few are taking notes and they do not seem sympathetic, for the most part.
    For Elizabeth, a minor child, a victim. Thank God she is home!

    *Gitana (means "Gypsy girl"). Pronounced "hee tah nah."

  13. #43
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    Quote Originally Posted by nursebeeme View Post
    Do you guys think Juan knew she would take the stand?

    As for cross: what can he address? Only her testimony?
    I don't know if Juan knew. Based on their presentation, it would seem she would have had to testify but casey anthony did not and with just an inference of abuse, they got her off.

    Of course here, Travis is dead so they couldn't question him as a hostile witness as they did with George Anthony, and get their allegations out that way. So it's a bit different.

    he can only address things relating to her testimony. Yes.
    For Elizabeth, a minor child, a victim. Thank God she is home!

    *Gitana (means "Gypsy girl"). Pronounced "hee tah nah."

  14. #44
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    The one thing that struck me before Jodi's testimony even began was that she was sworn in.

    Now our legal system is different, that's why this struck me so much. Here in Germany defendants when they testify in a trial are never sworn in, and in fact the only person who is allowed to lie during trial proceedings without fear of legal repercussions is the defendant (of course it's not advisable to lie if the prosecution has solid evidence, but that's another story entirely).

    I guess my question is that since she was sworn in, she can be committed of perjury, can she not? If the jury decides that she is guilty and did not act in self-defence, does that mean that she's automatically guilty of perjury because she claimed it was self-defence? Or is that matter more complicated than that and would require the prosecution to bring forth separate charges of perjury?

  15. #45
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    I have a question, which may be a "dumb question" ... but here goes :

    Can the prosecutor put witnesses on the stand to dispute Jodi's testimony -- now that she has testified ?

    Can Mr. Martinez put on witnesses to refute all this bull testimony by Jodi that her parents "abused" her ?

    THANKS !
    JMSSO = Just My Super Secret Opinion

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