Jodi Arias Legal Question and Answer Thread *no discussion*

Discussion in 'Travis Alexander Trial - The State vs. Jodi Arias' started by nursebeeme, Jan 30, 2013.

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  1. nursebeeme

    nursebeeme Registered User

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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?
     


  2. gitana1

    gitana1 Verified Attorney

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    Ho ho! Looks like we now have the answer: By having jodi testify. We'll see if it works.

    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.


    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).

    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.
     
  3. gitana1

    gitana1 Verified Attorney

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    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.
     
  4. here_now12

    here_now12 Member

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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?
     
  5. dog.gone.cute

    dog.gone.cute Kyron Horman - Missing Since 6-4-10

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    :seeya: 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 !
     
  6. gitana1

    gitana1 Verified Attorney

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    That's a good question. And the answer is yes. They can and will do that during the rebuttal phase which will come after the defense rests.
     
  7. gitana1

    gitana1 Verified Attorney

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    Usually it's just not worth the time and expense of another prosecution. It is not automatic if a person is found guilty. Every crime alleged necessitates a trial.
     
  8. 3trees

    3trees New Member

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    If defense does not question or go into the details of the murder can the DA ask any questions about that or only about her, if they stick to the trend, abuses and boyfriends?

    I think you answered this. so never mind. lol
     
  9. gitana1

    gitana1 Verified Attorney

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    In cross examination, they cannot go outside the scope of what is asked in direct. However, I guarantee that they are going to discuss the murder.
     
  10. dog.gone.cute

    dog.gone.cute Kyron Horman - Missing Since 6-4-10

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    :tyou: Oops ... I forgot about "rebuttal" !

    THANKS AGAIN ! I appreciate it !

    :seeya:
     
  11. Nelliebell

    Nelliebell New Member

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    This is an off the wall question, I know but I am so bugged by JA's prim appearance and am wondering whether the state can inquire about her glasses? Assuming that if she had prescription glasses, that would be common knowledge at the jail that law enforcement could confirm. So if they are fake glasses, can the state ask her about them on cross?
     
  12. Gummishoe

    Gummishoe New Member

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    I know nothing about trials and laws, please forgive me if this question was answered. Can the State still call others to testify? I would really like to hear what her ex..boyfriends have to say.. :jail:
     
  13. nursebeeme

    nursebeeme Registered User

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    question: do you think Arias will testify about the murder or can the defense put her on the stand just to testify to her relationship?

    Since she did say in her testimony with "simply put, I killed him because I was defending myself" does that open her up murder questions in cross exam even if she didn't testify to specifics in direct?


    One more: can the PA call rebuttal witnesses during his cross? (or does that wait for rebuttal?)
     
  14. Chester_from_THM

    Chester_from_THM Member

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    Is it common for the defendant to look at the jury when answering the questions?

    I know expert witnesses do it, but 'normal' laypeople I've seen testify look at the questioner, the lawyer.

    I wonder if that will backfire on her? I predict when Juan gets ahold of her, she will not have the composure to look at the jury and then this will seem fakey and practiced.

    Just wonder what lawyers think also of all this stretching out of her testimony.

    Also was wondering if there was a sidebar at the beginning of her testimony, where the judge said she was going to allow the defense "a lot of leeway" (as they say on Law & Order) to cover all this history and that Juan should not object to every question, as the judge was going to allow most of it.

    Does that kind of thing really happen?
     
  15. nursebeeme

    nursebeeme Registered User

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    Do you guys think the jury is buying her lies?
     
  16. minor4th

    minor4th Verified Attorney

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    In theory yes the state could inquire about her glasses but not likely that they will because they don't know what her answer would be.
     
  17. minor4th

    minor4th Verified Attorney

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    Yes, the state can call rebuttal witnesses to address the evidence brought up by the defense.

    Again, not likely the ex boyfriends would be good witnesses for the state, especially if they are sympathetic at all to Jodi or scared of her.
     
  18. minor4th

    minor4th Verified Attorney

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    I think it is pretty clear that the judge is allowing the defense a lot of leeway. She has overruled Juan's objections to relevance and probably has indicated in a sidebar how much leeway she is willing to give. There's really nothing Juan can do about it -- he's not perserving points for appeal, he is just trying to get certain evidence excluded so it doesn't have too much impact on the jury. There's no point in making a bunch of objections that the judge is going to overrule.

    She has probably been instructed by her attorneys to look at the jury when answering questions. It is an attempt to make a connection with the jury and also to show some respect to them as the deciders of her fate. It could also give her some credibility if she is able to look them in the eye while saying what she's saying. I don't think it will backfire.
     
  19. minor4th

    minor4th Verified Attorney

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    Maybe, but ultimately I don't think it will matter when it comes to guilt/innocence. It may help her with the penalty determination.
     
  20. minor4th

    minor4th Verified Attorney

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    Yes, she will have to testify about the murder. I think her attorneys will get into this with her this afternoon.

    If they don't, Juan will get into on cross and could even call her as a witness for his rebuttal.
     
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