Retrial for Sentencing of Jodi Arias - 1/9-1/12 Break

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Getting into the weeds here, but into it I go.

There WAS, technically, a material difference between the two clones (2008 and 2009), as the 2009 clone had many files accidentally deleted. That's Nurmi's point about the importance of the 2008 clone.

The defense WAS unaware of the difference, because according to Nurmi, the DT wasn't even aware that a 2008 clone existed until very recently.

It wasn't until very recently that either the State or the DT became aware of the differences between the clones, material or otherwise, because neither had made a comparison between the two.

Nurmi seems to be implying that had the DT been in possession of the 2008 clone from the very beginning they could have seen the differences between the 2 clones, recognized that files were deleted, and pursued porngate early on, enough to have changed the course of the first trial. ( of course, if they had the 2008 clone, why would one have been created in 2009 at all?)

So is he technically correct? And if so, is the fact that the State didn't turn over the 2008 clone significant?

But even with the modifications there were still *advertiser censored* files in the registry of the image that Dworkin had so there still shouldn't be a problem.
 
I've always believed she went to Travis' house that day with the single-minded intention of erasing him from planet Earth. She toyed with him, played games with his head, made him vulnerable, then slaughtered him.

She never played the supplicant about Cancun, IMO.

Then why the sunscreen and facial cleansers? She was packed, had her laptop (and IIRC she got on Darryl's' computer when she stopped there and not her laptop, then not even trying to see if the cd's she brought Travis would work on hers.) and her camera, all she had to do if things went according to her plans she turns in the rental in Mesa and poof she's in Cancun with Travis. She wasn't parked in his drive way in "her" spot". You don't go all stealth into Arizona to just openly make your presence known. At one time Jodi sadi she got there 3-4 in the morning and she parked in the driveway and wasn't sure about going in, but there were lights on and she knocked on the door, Naps started barking and Travis opened the door and welcomed her in, then you have the coming in the back/ garage undetected and watching Travis in his office for almost a minute until she was noticed.
 
What is a "Waller Analysis"?

This was in the Petition for Review- AZ-Supreme Court.

"In another sealed hearing on October 30, 2014, the court conducted a Waller analysis (RT 10/30/14, p10) and considered Arias’ ability, due to her documented psychological disorders, to present her own testimony in mitigation with the pressure and constant media broadcasting of what she was saying and how she was saying it and the additional factor, in her case, of the threats she endures as a part of her testimony. The court found this to be intimidating, (RT 10/30/14, p7, 9-10) Further the court found that specific people were attempting to visit Arias to threaten her. (RT 10/30/14, p15-16, 21)"
 
What is a "Waller Analysis"?

This was in the Petition for Review- AZ-Supreme Court.

"In another sealed hearing on October 30, 2014, the court conducted a Waller analysis (RT 10/30/14, p10) and considered Arias’ ability, due to her documented psychological disorders, to present her own testimony in mitigation with the pressure and constant media broadcasting of what she was saying and how she was saying it and the additional factor, in her case, of the threats she endures as a part of her testimony. The court found this to be intimidating, (RT 10/30/14, p7, 9-10) Further the court found that specific people were attempting to visit Arias to threaten her. (RT 10/30/14, p15-16, 21)"

It is a 4 prong test developed by the US Supreme Court (in a case involving someone named Waller, LOL) to determine whether a court could find that closing a trial is Constitutionally justified. Test:

(1) the party seeking closure must state an overriding interest that is likely to be prejudiced; (2) the closure must be no broader than is necessary to protect compelling State interests; (3) the trial judge must consider reasonable alternatives to closure; and (4) the trial judge must make findings adequate to support the closure.
 
Haven't commented in awhile--but just to show how easily a single computer click can bring up a *advertiser censored* site--I clicked "bedspread" as a search title--I wanted a plain old bedspread--not a comforter- Well the sites that IA brought up were crazy. One of my partners wanted to research Dr Seuss for her 10 year old and even got *advertiser censored* hits for that...It's not really hard to bring up some gross sites...Innocent accidents do occur.

Just wanted to say that I too came across a 'website' by mistake at the library the other day. My printer is broken. So at the library I wanted to type in google.com, well somehow my finger missed the first 'g', turning it into oogle, etc., and a *advertiser censored* site popped up. I looked at it, not believing
what I was seeing, and immediately went and told someone in charge. It really surprised me, to say the least.
 
Just wanted to say that I too came across a 'website' by mistake at the library the other day. My printer is broken. So at the library I wanted to type in google.com, well somehow my finger missed the first 'g', turning it into oogle, etc., and a *advertiser censored* site popped up. I looked at it, not believing
what I was seeing, and immediately went and told someone in charge. It really surprised me, to say the least.

A little fat-finger detour to the Wild Side, eh?

You didn't happen to recognize the killer's anatomy on display in that brief moment did you?

:hills:

Nah, probably not...
 
Just re-reading the Court Minutes and excerpting from yesterday's proceedings:
Later:

The Court is advised that the Arizona Supreme Court has denied Defendant’s Request for a Stay. Therefore,

IT IS ORDERED vacating Status Conference on 1/16/15.

IT IS FURTHER ORDERED unsealing the transcripts from the Defendant’s testimony on October 30, 2014 and November 3, 2014.


Super-secret Testiphony, allow me to introduce you to the Light of Scrutiny -- just as soon as possible.
 
Trying not to read too much into this, but there's nothing on the Court Calendar for this case on 1/20.

In fact, I don't see so much as a status conference for the next three weeks.

Trial continuation on Monday, 1/12, is the only event currently on the calendar.
 
So this is where we stand..
Nurmi says "my witnesses are scared and won't testify" (Nevermind the fact that the trial is not being televised, public attention is at an all time low and the deaththreats aren't credible)

JM says, well then you can..
1. Subpoena them
2. Show a video
3. Play audio
4. Read the affidavits
The state wont get to cross but we'll deal with that.

The state seems to be willing to accept alternatives that can hurt its case even though there are no deaththreats.

Nurmi refusal to even consider any of these options show his true intent.


(ugh typing on here on my phone is so annoying)

Sometimes I think it is FJA that will not agree to any thing JM comes up with and tells her lawyers to refuse anything...oh except if she was set free...Not.

I know the attorney (s) have other students or staff write what they will say in court...with all the people they may be representing that is understandable. However there are times when LKN appears not to be ready and comfortable with what he is saying. I almost think he gets notes from FJA telling him what to say just before the day's events and LKN has not rehearsed, read , or likes what he is saying...

In MOO I think FJA is pulling a lot of the strings behind what we see. She has something on her lawyers and she is pulling the puppet strings.

I do not care for her team but her lawyers, will be glad to have this over....everyone will. I know she must be putting them all through hell, except the meditation specialist....that is just an odd relationship.

I wonder how FJA will pull the puppet strings in prison. She will go there, she murdered a human being, Travis Alexander. I don't know how she thinks she will get out of any punishment with a planned and 'well' thought out murder like this, even if she has issues, she knows right from wrong.

Thanks for listening....and these are MOO and thoughts.
 
So what's with all the suntan lotion when she was cheaping out and borrowing gas cans? What possible reason would she have to buy two bottles of travel size suntan lotion while in the store to buy an extra gas can to go slaughter someone? She didn't rent a convertible. ;)

MOO
I * believe* it was SPF 85, there was talk on the forum about it the first go round. That's SUN BLOCK, you can stay in the sun 85 times longer, than you usually can without SPF, before getting a sunburn or damaging your skin. All of my dermatologists have said anything over 45-50 is redundant. (I have fair skin and have had my bouts with squamous cell carcinoma, all developed in my teens) Did she have a 24 hour lawn maintenance service that followed the sun?!?!?! :floorlaugh:

If you take a look at her pictures, have you ever seen her with a "tan" after MM? Or anything other than blonde hair until after the murder?

When CMJA hooked up with DB, she made a LOT of changes: Hair, breast and butt surgery, and pale skin. She's in the desert, Palm Desert, then Mesa, and doesn't have a tan. People would die to get in a pool in either place during the late spring though early fall.

Then take into account when JM first had CMJA on the stand: JM used the proper pronunciation of "Arias" (Hispanic). CMJA corrected him with her watered down version. No rolled "R", vowels pronounced like standard English.

With CMJA's BPD, she was "fitting in" with her "peers", the "chameleon". She was "passing" as something she wasn't. Caucasian.
I think SPF 85 was in her daily arsenal of makeup.

If she does get LWOP (seriously, LWP will be the same thing), and gets into GP, she will be shunned by both white and Hispanic groups because she is a "poser", among other things
 
Then why the sunscreen and facial cleansers? She was packed, had her laptop (and IIRC she got on Darryl's' computer when she stopped there and not her laptop, then not even trying to see if the cd's she brought Travis would work on hers.) and her camera, all she had to do if things went according to her plans she turns in the rental in Mesa and poof she's in Cancun with Travis. She wasn't parked in his drive way in "her" spot". You don't go all stealth into Arizona to just openly make your presence known. At one time Jodi sadi she got there 3-4 in the morning and she parked in the driveway and wasn't sure about going in, but there were lights on and she knocked on the door, Naps started barking and Travis opened the door and welcomed her in, then you have the coming in the back/ garage undetected and watching Travis in his office for almost a minute until she was noticed.


I wonder if all her other make friends with computers had/have checked for hidden *advertiser censored*, hidden anything on their computers. Too bad no one asked them to see thei ale friends computers for *advertiser censored*, that FJA might have put on them, if and when she was mad or plotting against them. Maybe that is what she holds over some of them?!

I say that male because I don't remember hearing her have female friends with or without computers, does anyone?
 
But even with the modifications there were still *advertiser censored* files in the registry of the image that Dworkin had so there still shouldn't be a problem.

Thank you for this. That there were *advertiser censored* files in the 2009 registry the DT didn't find seems entirely material as to whether or not the lack of the 2008 mirror image prejudiced JA.

But I keep asking about the letter of the law anyway, because these are the kind of technicalities addressed in appeals. In this case, regardless of what could or could not have been gained by the DT if they possessed the 2008 mirror image, was it the State's obligation to turn it over without being asked.
 
Not that I think it will happen, but if JSS rules to drops the DP, do the attorneys hear her decision prior to trial ?
 
He is only right if there wa something materially different about the 2008 image and the defense was unaware of the difference. IMO there was no material difference and the defense knew just as much as the State did about why there might be a slight immaterial difference.

So maybe my answer is, depends on how "material difference" is defined? And that's what the computer wars have really been about?
 
Getting into the weeds here, but into it I go.

There WAS, technically, a material difference between the two clones (2008 and 2009), as the 2009 clone had many files accidentally deleted. That's Nurmi's point about the importance of the 2008 clone.

The defense WAS unaware of the difference, because according to Nurmi, the DT wasn't even aware that a 2008 clone existed until very recently.

It wasn't until very recently that either the State or the DT became aware of the differences between the clones, material or otherwise, because neither had made a comparison between the two.

Nurmi seems to be implying that had the DT been in possession of the 2008 clone from the very beginning they could have seen the differences between the 2 clones, recognized that files were deleted, and pursued porngate early on, enough to have changed the course of the first trial. ( of course, if they had the 2008 clone, why would one have been created in 2009 at all?)

So is he technically correct? And if so, is the fact that the State didn't turn over the 2008 clone significant?

But even with the modifications there were still *advertiser censored* files in the registry of the image that Dworkin had so there still shouldn't be a problem.

Thank you for this. That there were *advertiser censored* files in the 2009 registry the DT didn't find seems entirely material as to whether or not the lack of the 2008 mirror image prejudiced JA.

But I keep asking about the letter of the law anyway, because these are the kind of technicalities addressed in appeals. In this case, regardless of what could or could not have been gained by the DT if they possessed the 2008 mirror image, was it the State's obligation to turn it over without being asked.

So maybe my answer is, depends on how "material difference" is defined? And that's what the computer wars have really been about?

Right. The letter of the law is that they don't have to disclose things that are not materially different from other things. There is no material difference between the two images because all the things the defense found on the 2009 image were also on the 2008 image.
 
Trying not to read too much into this, but there's nothing on the Court Calendar for this case on 1/20.

In fact, I don't see so much as a status conference for the next three weeks.

Trial continuation on Monday, 1/12, is the only event currently on the calendar.


So where does Geffner come in? Isn't he their first witness that day?
 
She planned on driving very long distances in the desert. Having done that myself, I know one need not be in a convertible to get an uncomfortable amount of sun. I've gotten minor sunburns on my arms and thighs before doing that kind of driving. JA was obsessive about taking care of her shell. Makes sense to me she would stock up on lotions.
She made the drives to Mesa and to Utah at night...
 
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