Retrial for Sentencing of Jodi Arias - Day 21

[ElleElle]

None of what the defense team and JA are doing.....accusations of child *advertiser censored* belonging to Travis, misconduct by JM, accusation that EF is lying under oath, filings stating that the prosecuter was removing *advertiser censored* from the computer, was tampering with the computer, was wanting to see nudes of JA, statements about TA being abusive, uncaring, unloving, inconsiderate horndog......are possible without being enabled by the judge to do so. All of the delays? The sidebars? Secret witnesses. Secret meetings. Rudeness from defense witnesses toward JM and the court and the victims. ALL of it is being done in the courtroom of JSS.

No, I'm not trashing Sherry. I'm stating my opinion about what I believe. About what I've observed. From the beginning. I have watched it all. JA, her defense team, her fans and JSS disgust me.

BBM ~ Quite frankly, we have not really had any of them to observe in this sentencing trial. We are just going by tweets, websites and *some*, facts. I believe it's hard to make a full observation of what's going on when we are not there or watching a live stream.

There's been some roadblocks along the way, but, we are getting there. All the DT is doing is just making themselves look completely desperate. Calling Det. Flores on the stand? Who on this Mother earth would of guessed that? ... Only 1 jury question (which i'm dying to read) is all they got?

Soon, this will be all over.

 

[Dr. Know?]

And I bet that slime highway old defense attorney might swear that it was never turned over. cya. oh my. jmo

 

[ZoeyW]

Dave Erickson just posted that he has a source that says the transcripts are a big yawn and reveal nothing new.

 

[Love Never Fails]

But they did turn it over. They just didn't also turn over a second copy that was different in an immaterial way due to the defense team turning on the computer in 2009. If the difference had been material and the State had been aware of that, it would be a different story.

Thank you so much! If you start charging us for all these questions and answers, we are going to be in real financial trouble! .
I appreciate all you do for us.

 

[Shadowboy]

Hi MeeBee,
I understand what you are saying and you explain it so much better than I. But Beth said it is the prosecutions job to turn over the evidence and the defense does not have to ask for it. She said the prosecution never did that. That's where I was confused. I like Beth but her stance tonight definitely seemed to be pro defense. I was a little taken back by it.

I will let AZL answer because she knows more about it than me and I could be wrong, but I will say it appears, at least to me, that the defense knew of the existence of the 2008 image. They were given a report of Melendez' findings and his testimony at trial should have tipped them off that it existed. If they wanted to see it for themselves they could have. But they did have a report. In 2009 an image was made and as far as both sides knew this was fine. Both sides seemed to think this was ok in providing evidence which was Travis' original hard drive. Despite the 2009 modifications all the *advertiser censored* that was on Travis' computer was on Dworkin's copy. So it was there to find anyway even though their image was modified.

I throw my 2-cents in, too ... MeeBee, as I understand it, you are correct. Melendez turned over his report (and was subject to a DT interview) about the 2008 image. That report/interview PROBABLY indicated the evidence number of the source drive; a description of the drive; information re: when the image was made; and what type of image (E01) was studied. The DT knew about an image made in 2008, without question.

When the Dworkin image was made in 2009, neither Mesa PD nor the DT expert had any reason to believe an image pulled in 2009 would be different than one made in 2008. The newly minted image was checked against the source drive, and it was a match to the drive as it existed in 2009 (according to Dworkin).

So, was it prosecutorial misconduct that files on the actual drive in evidence were modified during the DT's examination in the summer of 2009? Doesn't sound like it is. Was it prosecutorial misconduct that the PT did not turn over the 2008 image? Probably not. The DT knew it existed; if they wanted to work with the same image Melendez used, they could have asked for it. Now, if they asked for the 2008 image and received, instead, a 2009 image? That’s maybe a bad thing, but only if the Mesa PD or the PT knew the hard drive in evidence had been altered between Image #1 in 2008 and Image #2 in 2009.

But I ask: What conceivable advantage would befall the PT by making a switcheroo? Remember, in 2009 JA was still talking ninja’s, wasn’t she? And didn’t Sue D. Smith-o-nym say the modifications in 2009 did not make substantive changes, or at least none affecting the DT’s *advertiser censored* claims?

I don’t subscribe to BK’s site, so I’m not sure why she (reportedly) says “with holding” the 2008 drive is a big deal. AZL I am not. (Although, when I grow up, I want to BE her … hum … Too late!) But, IMO, this entire Porngate mess is a case of “no intentional harm, no actual harm, and no foul.”

The only foul thing about it is Larry’s continued attempt to trash the victim-who-shall-not-be-called-a-victim. And his continued bloviating. Plus, I’m not crazy about his haircut either, don’tcha know.

 

[AZlawyer]

Thanks AZL. I know the defense didn't ask for the 2008 image until December. But Beth insisted they didn't have to ask. It was the "duty" of the prosecution to turn it over to them at the beginning, therefore creating an appeal issue. I will be so glad when this is over. The legal wrangling wears me down. JA is guilty nd should have been sentenced in 2008. But our system doesn't work that way. Thanks for your answer. Oh and Beth also said Nurmi was one hundred percent correct, that Jodi will never be executed because of the hard drive issue on appeal.

She is correct that they don't have to ask. It is the duty of the prosecution to turn over the evidence without being asked. But for things that are not documents, like hard drives, the prosecution can say, "Hey. Here's what we have. Let us know if you want to come see it or if you want an image." That's what the prosecution did in this case. Then the defense came to see it. Then the defense asked for and received an image.

 

[Love Never Fails]

Had a doctors appointment in the morning. I got here at noon.

Oh hi LinasK. There you are. . JSS really had me going today but AZl always calms me down.

 

[Kensie]

Oh hi LinasK. There you are. . JSS really had me going today but AZl always calms me down.

AZL has calmed me down a lot this evening. Thanks AZL.

 

[Kamille]

Who made the 2009 copy that Dworkin used for his testimony? Was it him? When was it made? Wouldn't he have known that the DT had turned on the computer? Was he there that day?

 

[Love Never Fails]

Goodnight everyone. I think I will be able to sleep now.

 

[ElleElle]

My dad was a well renowned defense attorney in Berkeley. He and the prosecutors would be at each others throats in court. But he made it a routine to go to dinner with them at the Steakhouse at the end of a trial. And whoever lost paid the bill.

As a matter of fact, if any of the DA's or investigators had family members in need of a good attorney, they would usually call my Dad. I learned it was just part of the job to be aggressive and scornful in front of the jury. But somehow, in this case, I think it has gotten very personal. And I fully understand Juan's anger.

BBM ~ Yes, ITA. Jodi compared Travis to Juan at one point during first trial testimony, didn't she? When he was "yelling" at her or something. Got to find that now. :websleuther:

 

[Kensie]

Something about mean men yelling at her and scrambling her brain.

 

[ElleElle]

I will let AZL answer because she knows more about it than me and I could be wrong, but I will say it appears, at least to me, that the defense knew of the existence of the 2008 image. They were given a report of Melendez' findings and his testimony at trial should have tipped them off that it existed. If they wanted to see it for themselves they could have. But they did have a report. In 2009 an image was made and as far as both sides knew this was fine. Both sides seemed to think this was ok in providing evidence which was Travis' original hard drive. Despite the 2009 modifications all the *advertiser censored* that was on Travis' computer was on Dworkin's copy. So it was there to find anyway even though their image was modified.

Yes, and they were looking for images of child *advertiser censored*. Nothing to see here folks. It was and still is a non-issue, IMO.

 

[MeeBee]

BBM ~ Quite frankly, we have not really had any of them to observe in this sentencing trial. We are just going by tweets, websites and *some*, facts. I believe it's hard to make a full observation of what's going on when we are not there or watching a live stream.

There's been some roadblocks along the way, but, we are getting there. All the DT is doing is just making themselves look completely desperate. Calling Det. Flores on the stand? Who on this Mother earth would of guessed that? ... Only 1 jury question (which i'm dying to read) is all they got?

Soon, this will be all over.

Good point Elle. One juror question after all that? That's usually a pretty good indication that Flores did well or they just don't care that much.

 

[Kamille]

So here is what's on the agenda for the next 2 days:


Tuesday January 13:

- NO COURT

- Release of the Secret Transcript


Wednesday January 14:

- Re-Trial continues with "Pseudo Witness John Smith"

- Ruling by JSS on the DT's DP/Prosecutorial Misconduct Motion AFTER Pseudo Witness Smith testifies


**NOTE**

The only certainty is that there is no court tomorrow, Tuesday January 13.

The remaining are possible, but not probable, IMO.

Why is JSS waiting until after JS testifies on Wednesday to make her ruling, however court is starting at 10am and the jury is not required until noon. Will he be testifying outside of the jury first? He still has to finish up redirect in front of them doesn't he? Is JSS giving the DT 2 hours in the morning to bring forward new direct testimony?

 

[dog.gone.cute]

Jss not ruling till Wednesday after computer witness? And watch. He will be on stand till 4:30 thursday.
So where are JSS supporters? JSS has to give pseudonym time to find more *advertiser censored*. That's the way she rolls.

:seeya:

BBM: I totally agree.

I will NOT be surprised IF Pseudo Witness is on the stand Thursday, and maybe into next week.

-- AND --

JMO but JSS will NOT have a ruling after Pseudo Witness testifies ... I think she will take it under advisement, and who knows WHEN the ruling will come down.

JSS was to have ruled by today, well that changed ... and of course, still waiting on the Transcript!

:gaah:

 

[ZoeyW]

Yes. The exchange was this
JM: "Are you having problems with your memory?"
JA" Yes"
JM"What factors affect your memory?
JA "When men like you are grilling me, or Travis doing the same".
JM "That affects your memory?"
JA"Yes, it makes my brain scramble", Jodi Arias made a motion of her hands being all mixed up.

 

[mydirtysecret]

Dave Erickson just posted that he has a source that says the transcripts are a big yawn and reveal nothing new.

Long suspected from day 1 that in the length of time she was on the stand that it couldn't have gotten good yet, and nothing materially new was said. BUT, the way the DT and the judge fought hard to keep it sealed had me second guessing myself.

 

[Hatfield]

But they did turn it over. They just didn't also turn over a second copy that was different in an immaterial way due to the defense team turning on the computer in 2009. If the difference had been material and the State had been aware of that, it would be a different story.

Thanks AZL as you have cleared up a lot. The part I am still a little concerned about regarding the 2 copies is that is a whole year difference. 2008 vs 2009
I always though when prosecution is supposed to turn over "discovery" that they turn over everything. So is it possible that the issue maybe more of the fact they didnt turn it over in 2008 at all? It almost sounds like they werent even going to give the DT a copy of it until they were asked specifically for the computer.
So wondering maybe the issue is more why wasnt it provided during normal discovery turnover?

It is good to know it really doesnt have much difference in contents as far as we know.
I sure hope this Smith fellow isnt going to generate something, but have a bad feeling about what he is going to claim. Misleading or otherwise.

 

[cubbeegirl]

I am beginning to feel the same way. It is so exhausting. I have been following since 2013 and I am close to throwing in the towel.

I had been fading out a bit as well...then a friend of mine told me about an app called Social Radio which actually reads the tweets of those you are following for you.I am back in the game now ...put on my headphones and let the app read the tweets to me ! Some of the pronunciations are a bit wacky, but at least I can accomplish something and still follow along.