Jodi Arias Legal Question and Answer Thread *no discussion*

[News Mag]

:blushing: Excuse my ignorance... Everyone keeps saying that death penalty cases, if the defendant is found guilty, are automatically appealed. What does that mean? Does she gets a new trial? If not, what is an appeal? I always thought an appeal was getting a do over. I know this seems really dumb, so thank you so much for answering my question!

 

[Nova]

muddymcduck, I'm not a lawyer, but I've worked legal support on a number of trials and I know that only the court reporter her/himself can prepare a readable transcript of the day's testimony. So I have to assume they are not typing a word-for-word transcription as the trial proceeds.

Also, they used to use four-key machines, not typewriters. Although more than one key could be pushed at a time, that still doesn't give them enough keys to type the entire alphabet and punctuation marks. I suspect they did something with phonemes (i.e., sounds) rather than individual written words.

Nowadays, at least in California, they don't type during court, they repeat the testimony verbally into a cone (so their voices can't heard by others). I don't know what happens if a lawyer wants a portion read back; maybe the recorder has to rewind and listen to his/her tape.

Here's a link about court transmission machines. As I suspected, they are recording sounds not spelling out words, but there are 22 keys, not 4:

http://www.toddolivas.com/court_reporting_articles/How-does-a-court-reporter-type-so-fast.asp

 

[minor4th]

Jodi stated on the stand from a juror question that she didn't call 911 in the desert because she knew she did something wrong then immediately corrected herself and said she felt she did something wrong because of the blood on her body...can this be used as an indication of guilt in closing arguments by the PA?

Yes, and she has made similar comments a number of times. But whether she said it or not, her actions after the fact indicate a "consciousness of guilt" so those actions would be taken as meaning Jodi knew she did something wrong that would result in legal consequences to her if she got caught.

 

[minor4th]

JA is charged with 1st degree murder (premeditated and felony) no lesser charges have been charged SO doesn't that mean that the jury can find her guilty of only 1st degree murder (premeditated or felony)?

So many post she will get 2nd degree murder.....that is not even a choice correct? Or am I wrong? TIA

The charging conference happens after all evidence has been presented and before the jury is given instructions. The lawyers can argue for or against instructions for lesser included offenses, and the judge will give instructions for any lesser included offenses that could possibly be supported by the evidence.

If I had to guess, I'd say the jury will get instructions for manslaughter and maybe 2nd degree murder, although I don't really see any evidence for 2nd degree since Jodi can't remember what was happening at the time she killed Travis. I think the judge will give the instruction anyway, if the defense requests it.

 

[Boytwnmom]

JA made a comment about the gun being a secret and then started to mention something about TA's grandfather, but before she could say any more she was stopped by an objection or something, I really can’t remember quite what happened.
It was never mentioned again and I haven't heard anyone talk about it.
Did anyone else happen to catch this? I believe it was earlier in the week?

Yes, I recall that. She started to tell a story that seemed to involve what Travis told her that his father did or said in regard to the gun and JM objected and there was a sidebar. I assume it was a hearsay objection but don't recall if JM specified before KN injected something and the sidebar was called. When KN resumed all he was able to ask was whether she understood the gun was to be kept secret and she responded with a one word "Yes" and that line of questioning ended.

I assume she was going to conjure up some bizarre tale of why the gun had to be kept secret from everyone in Travis's life, except for her of course. To me, it just sounded stupid, the tiny secret gun lying on a closet shelf. Not a great story, even by her standards.


Sent from my iPad using Tapatalk HD

 

[Bluewater_Girl]

Hi Everyone,

Forgive me if this has been asked. I have searched the thread and I've also googled it and couldn't find the information. My question is regarding the prison conditions Jodi will face if she receives LWOP if convicted. I understand that if she receives the DP, she'll be in her cell 23 hours per day. If she receives LWOP, what will her freedoms be? Will it be the same as someone serving 10 years? Thanks!

 

[Dr. Know?]

I'm not familar with reading Maricopa Dockets but am I correct that Party 1 who is listed on JA's docket as the State and each entry referencing Party (001) is the state? I just noticed doing a quick scan that almost all are Party (001). tia

The lastest update to the court doc reads like this. Party (001) is the State.

3/12/2013 005 - ME: Hearing - Party (001) 3/12/2013
3/12/2013 MOT - Motion - Party (001) 3/12/2013
NOTE: TO COMPEL; BUSINESS RECORDS FROM WAL-MART AND TESORO
3/12/2013 MOT - Motion - Party (001) 3/12/2013
NOTE: TO COMPEL CRIMINAL HISTORY OF TRAVIS ALEXANDER
3/11/2013 012 - ME: Trial - Party (001) 3/11/2013
3/8/2013 012 - ME: Trial - Party (001) 3/8/2013
3/8/2013 012 - ME: Trial - Party (001) 3/8/2013
3/8/2013 LOW - List Of Witnesses/Exhibit/Evidence - Party (001) 3/8/2013
NOTE: STATES FOURTEENTH SUPPLEMENTAL
3/6/2013 012 - ME: Trial - Party (001) 3/6/2013
3/5/2013 012 - ME: Trial - Party (001)

http://www.superiorcourt.maricopa.go...=CR2008-031021

Websleuths Crime Sleuthing Community - View Single Post - Interim discussion regarding questions from the jury and Arias on the stand #82

 

[Jinkasaurus]

Does anyone know how many more times the jurors are going to get to ask Jodi questions?

I personally cannot wait for her to get off the stand.

 

[Donnareit]

I'm not familar with reading Maricopa Dockets but am I correct that Party 1 who is listed on JA's docket as the State and each entry referencing Party (001) is the state? I just noticed doing a quick scan that almost all are Party (001). tia

The lastest update to the court doc reads like this. Party (001) is the State.

3/12/2013 005 - ME: Hearing - Party (001) 3/12/2013
3/12/2013 MOT - Motion - Party (001) 3/12/2013
NOTE: TO COMPEL; BUSINESS RECORDS FROM WAL-MART AND TESORO
3/12/2013 MOT - Motion - Party (001) 3/12/2013
NOTE: TO COMPEL CRIMINAL HISTORY OF TRAVIS ALEXANDER
3/11/2013 012 - ME: Trial - Party (001) 3/11/2013
3/8/2013 012 - ME: Trial - Party (001) 3/8/2013
3/8/2013 012 - ME: Trial - Party (001) 3/8/2013
3/8/2013 LOW - List Of Witnesses/Exhibit/Evidence - Party (001) 3/8/2013
NOTE: STATES FOURTEENTH SUPPLEMENTAL
3/6/2013 012 - ME: Trial - Party (001) 3/6/2013
3/5/2013 012 - ME: Trial - Party (001)

http://www.superiorcourt.maricopa.go...=CR2008-031021

Websleuths Crime Sleuthing Community - View Single Post - Interim discussion regarding questions from the jury and Arias on the stand #82

I so wish we could see the actual content of the motions.

 

[Mr.Midnight]

sorry wrong board

 

[R.U.Kidding!]

I was wondering why they cannot re-enact (with or without Jodie) the exact course of events of those 62 seconds. Would that not be easier than pulling the answers out of Jodie,as she try's to dissect every second.

And speaking of dissecting --for someone who has fog-brain, how is she so precise about the exact wording she needs to use to Cover her A--. It is absolutely maddening, and if the jurors cannot see through this very calculating snit--I give-up!

 

[meanddblj]

Do you feel that there is a time management issue in this trial/courtroom? 4 hrs at best with the breaks/lunch, 4 days a week? That is not including the morning sidebars/motion issues and the continual/repetitive "approach" the bench moments that delay things further. If you feel there is a time management issue, how would it normally be fixed? If I were a juror I would feel that my time was being wasted on a regular basis and if I were a AZ taxpayer I would be livid.....I do not work in a court setting as you have all figured out by now.....but is this normal? :twocents:

 

[Clue Finder 55]

There is one problem with todays stabbing timing--The picture with her foot and looks like she may be dragging him. What the problem is with this pic is nobody knows how many stab wounds he had at this particular moment.Nobody can prove if there was more stabbing after that picture was taken.She maybe stabbed him ten more times after that picture so it would add to her timeline..Don't get me wrong I want to see her get the DP as much as anyone else but I think what I just said will be her defense argument with the timeline.

 

[Clue Finder 55]

I had the same thought about the pillow with the tassels...she must have used it as a silencer..why else did no one hear the shot...I do remember someone saying she must've turned up the stereo because there was loud music coming from his room when his friends found his body.[/QUOTE

It is very unlikely that a 25 cal bullet would even go through a pillow let alone having enough power if it did to penetrate a skull.
Also the crime scene investigators would have looked for holes through the pillows as well.

 

[SCSam]

This question has probably been asked and answered.. so my apologies in advance if so: What happens if the "experts" for defense have learned during lengthy testimony of JA, that she lied to them (or one of them) during the interview(s) with her? I hope this makes sense.

 

[minor4th]

This question has probably been asked and answered.. so my apologies in advance if so: What happens if the "experts" for defense have learned during lengthy testimony of JA, that she lied to them (or one of them) during the interview(s) with her? I hope this makes sense.

I think the experts will testify more or less truthfully about factual issues. So, for example, if Jodi told Laviolette that she and Matt were broken up when she confronted Bianca, I think Laviolette will testify truthfully about that, despite Jodi's denial.

I believe the experts will give their opinions based on the information Jodi provided to them, which basically assumes that the information is true. Juan can cross examine them and ask if their opinion would be different if they learned that certain information provided by Jodi was false or if they were given additional contextual information about the relationship. These experts are hired guns, so they will most likely try to frame their testimony in a way that is favorable to Jodi's position but only to a certain extent -- they're not going to sabotage their own professional credibility by giving completely ludicrous answers just to help Jodi.

IMO Laviolette seems to be a pretty hardcore feminist -- to the point of discounting the possibility of men being domestic violence victims, so I'm just guessing that her testimony in particular will go the farthest to support Jodi, even in the face if other evidence that would suggest that Jodi was not a victim of abuse and in fact may have been the abusive partner in the relationship.

 

[nursebeeme]

juror question: during voir dire and jury selection are they allowed to ask about religion ?

 

[nursebeeme]

could the bishop testify?

 

[minor4th]

Do you feel that there is a time management issue in this trial/courtroom? 4 hrs at best with the breaks/lunch, 4 days a week? That is not including the morning sidebars/motion issues and the continual/repetitive "approach" the bench moments that delay things further. If you feel there is a time management issue, how would it normally be fixed? If I were a juror I would feel that my time was being wasted on a regular basis and if I were a AZ taxpayer I would be livid.....I do not work in a court setting as you have all figured out by now.....but is this normal? :twocents:

I have mixed feelings about this. It does appear to be inefficient in the sense that we do not have full days of testimony and do not have a full week of testimony at a time. That is frustrating and seems like it could be managed better.

However, I understand why the judge cannot start until 10:00 -- she has other matters she had to attend to before the trial day starts. There has to be a lunch and afternoon recess for the jurors -- some are smokers and you have to give them a chance to get a snack, go to the bathroom and check in with family, etc. then they have to end the day by 4:30 so Jodi can meet with her lawyers and get back to jail by dinner time. So I don't really see any practical way they could extend the trial days unless all jurors got together and asked to skip the afternoon recess or have a shorter lunch.

I am not sure why they don't have trial days on Fridays. It might be because Fridays are administrative days or some other reason. I've also seen some judges hold trial on weekends to move things along. But I think Maricopa county does not have the budget to pay court personnel overtime, so that is probably not an option.

The fact that the trial is taking months does not mean its costing the taxpayers any more -- the salaries for the judge, the county attorney's office and court personnel are going to be paid, irrespective of whether they are in court for this case or a different case.

 

[minor4th]

juror question: during voir dire and jury selection are they allowed to ask about religion ?

Yes..