Juan Martinez Squares Off Against Dr. Samuels

Another day, another battle between Arizona Prosecutor Juan Martinez and a defense witness.  This time, he took on "expert witness" for the defense, Dr. Richard Samuels.  Dr. Samuels is an individual who interviewed Jodi Arias twelve times over a period of 4-5 years, and who has diagnosed her as having PTSD and amnesia. Arias attorney Kathleen Willmott continued questioning Samuels today in an effort to explain away the memory issues (aka "the fog") Jodi Arias has relating to the actual stabbing/slashing of Travis Alexander.

Samuels is a paid witness - make no mistake about it, his report more than likely was tailor made to fit the Arias defense theories. Her memory issues are the least of her problems.  Just because she claims to not remember what she did to Travis Alexander, that in no way relinquishes her responsibility nor does it alter the absolute savage nature of this murder.

Dr. Samuels has explained the function of various sections of the brain, and how some areas will shut down and effect a persons memory because they essentially do not create memories of stressful events. Could it really be that simple? No memory created and therefore nothing to remember? Arias' amnesia is very convenient - since she does remember things immediately before and shortly thereafter, it's the actual stabbing/slashing she doesn't remember. She admittedly remembers removing items from the crime scene that would implicate her, so I have a hard time believing she was in some "dissociative state" of mind.

This testimony sickens me, attempting to create sympathy and give Arias excuses for lying and covering act this brutal act.  What about Travis Alexander? We haven't heard one word from the defense on how terrified he must have been being trapped in the shower and/or the bathroom while being shot, viciously stabbed and having his throat slashed by a woman he allowed into his life and into his home. I can't imagine how painful his death was or how confused he must have been once he realized what was happening.  We are supposed to feel empathy for Jodi Arias because she shakes when people raise their voices at her?

Arias could not fool Detective Flores or the Mesa Police Department - it's hard to tell if Dr. Samuels actually believes what Arias told him, or if he is giving the opinion he is being paid handsomely for.  They could parade 10 experts to the stand and it wouldn't change the facts of the case or make her less liable. The facts of the case reveal that Jodi Arias had minor injuries immediately after this "life and death" struggle she had with Travis Alexander. The crime scene and autopsy photos tell any reasonable person that this was never a fight or struggle between two people fighting for their lives. It was a blitz attack on Travis, and it appears he never had a chance. She had him relaxed and with his guard down in that shower, and the first stab wound probably sent him into shock, but Arias was far from finished.

She incapacitated him and while he was unable to protect himself, she unleashed a rage that had been building up inside of her for months. She didn't stop until he was no longer moving. If he ever did have a chance to fight back, I'm certain Jodi Arias would have been injured. He was stronger and bigger than she was.

Juan Martinez finally got his shot at Dr. Samuels today, and he wasted no time in discrediting many things Samuels said and did during his appointments with Jodi Arias.  Among the highlights:  Samuels administered the PTSD test to Arias BEFORE she admitted to killing Travis Alexander. When he found out that she had taken the test while still sticking with the two armed intruder story, did he re administer the test?  No. He didn't. Martinez got him to admit that it would've been the prudent thing to do!

In addition, Martinez pulled some of Samuels dirty laundry out of the hamper. It seems he was fined and/or censured for conflicts of interest involving some women he previously treated. He has a history of "crossing boundaries" with people he has treated or done assessments on. He also gave Arias a self-help book, another no-no since he wasn't technically treating Arias, just assessing her. Martinez also questioned Samuels as to why he used a pencil while testing or grading Arias's PTSD test instead of a pen. Did he use a pencil so he could alter Arias's answers? He denied altering anything.

By the time Juan Martinez was done with Samuels, he didn't seem like such a great witness anymore.  Good job Mr. Martinez!!  Until tomorrow.....

Former Cell Mate Of Arias To Testify?

Who's left on Jodi Arias' defense witness list? Far as I can tell, Dr. Samuels, Kimberly Ross and possibly Alyce Laviolette are on that list. Dr. Samuels, who we saw last week is expected to continue his testimony today, once the attorneys and judge duke it out over what he is qualified to say and whether or not he will be able to use the PowerPoint presentation Juan Martinez objected to last week. He also had an opinion on whether the murder was premeditated based on the crime scene photos he reviewed! Ah, no - what qualifies him as an expert on crime scene photos? Does he use a Magic 8 Ball to tell him if the murder was premeditated?

Jodi Arias's former cellmate, Kimberly Ross may also testify on her behalf.  I did some digging around on Kimberly Ross, and I found it very interesting that while she was incarcerated, from 4/6/09 - 10/5/09 she was a "Clerk in Library", and from 5/16/07 - 3/17/09 she was listed as "Library Aide". I found this information on Mugshots.com, looks like she has at least two mugshots on file (see below) and it's not clear to me if she held these jobs in the library during her time in jail or during her prison stint.  It would be interesting to know if she worked in the jail library, and it would be even more interesting to have a look at what books Arias may have checked out!  What will Ross have to add to further Jodi Arias's version of events leading to the murder of Travis Alexander? What Jodi Arias told her while they were sharing a cell is not evidence - I always wonder why they call these type of witnesses to the stand. They have such a weak case that apparently they are hoping the jurors find their witnesses credible.  Here are the two (undated) mugshots of Ross:

Hard to believe these are the same person - quite a different look between the two photos.  I can't imagine why they are calling her as a witness but just because she is on the witness list doesn't mean she will ever be called.

Alyce Laviolette is another person who has been mentioned during the trial. Her website lists her as a specialist in Anger Management, Domestic Violence Counseling for Survivors and Perpetrators, Gender Issues, and Expert Witness.  Laviolette is located in the Long Beach area and it's unclear how she became involved in this case but I've heard Juan Martinez mention her several times during his cross examination of Arias.

So what do these "expert witnesses" charge for their services?  I found a website (http://www.seak.com/expert-witness-fee-study/) that will give you an idea of what these people are making for trial time etc:

Expert Witness Fees By Area of Expertise
The survey includes responses from over 1,000 expert witnesses in over 300 areas of expertise, from Accident Reconstruction to Wound Care. This is the most comprehensive study ever conducted on expert witness fees.

There was significant variation in fees amongst different areas of expertise. Medical expert witnesses are on average better compensated than non-medical expert witnesses. The average hourly fee for in court testimony for all non-medical experts is $248. The average hourly fee for in court testimony for all medical experts is $555. Medical expert witnesses on average earn more than double (124% more) what non-medical expert witnesses earn. 45% of all responding experts were medical experts and 55% of all responding experts were non-medical experts.

Surprisingly, less experienced experts generally charge more than experienced experts. The median hourly rate for all experts for in court testimony was $300. The median hourly rate for experts who have been testifying 1-5 years was $350 and the median hourly rate for experts who have been testifying 26+ years was $275.

Not a bad hourly rate! Does anybody else feel this is unethical, to be paid for giving testimony? It certainly would seem to give an expert the incentive to say what the defense/prosecution needs them to say. I can understand why experts are useful in certain cases but any form of compensation other than travel costs and reasonable reimbursement seems excessive.

What will happen in the courtroom today when Dr. Samuels resumes his testimony, and when will Juan Martinez finally get to his rebuttal case?  This trial has had so many breaks and 3-day court weeks that it seems there is no end in sight. Over the weekend, I was thinking about that check that Jodi Arias was so worried about - if you recall after she was informed of Travis's death, she asked Detective Flores if he knew when the check she wrote Travis would be deposited. I believe the check was dated either 5/25/08 or 5/28/08 and it was either money she borrowed or a few car payments, because I remember it listed two months on the "memo" section of that check.

Now that we believe Arias staged the break in to steal her grandfather's gun, traveled to Mesa without telling a single soul - I began to wonder if she KNEW that check would never be deposited because Travis Alexander would be dead? Wasn't she broke during that trip? Would that $525+ dollar check have cleared her account had Travis lived to deposit it?  I would love to see her bank records to see if she wrote the check knowing it would never clear her bank. If she had to borrow money to take that trip, what are the chances she had more than $500 sitting in her account to pay Travis back?  Just another one of those little things that only Jodi Arias knows.  

Lifetime Planning Jodi Arias Movie

We knew it was just a matter of time, but Lifetime has announced they are planning a movie based on the Jodi Arias murder trial.  Lifetime is known for bringing "docudramas" to their network, having already made movies about Casey Anthony, Scott Peterson, Susan Wright ("The Blue Eyed Butcher"), Phillip Markoff ("the Craigslist Killer") and many other high profile cases.

I bet Jodi Arias loves the idea of having a movie based on HER, even if portrays her as a ruthless murderess . So who would be the best choice to play Arias? I've been thinking about this for some time now - it was a safe bet there would be a made-for-TV movie about this case, and if any of you saw the "The Perfect Husband", I think Sarah Brown would be a great pick to play Arias.  Sarah Brown played the role of Kate Vignatti, one of Laci's good friends who was married to Tommy Vignatti.  Sarah Brown is probably best known for her role as "Carly Corinthos" on General Hospital. Back in GH's heyday, the role of Carly was recast several times, but Sarah Brown probably was the fan favorite. Her nose is very similar to Arias', and she has been a blond and a brunette in roles over the years:

She's a pretty good actress and already has a few Lifetime TV projects under her belt. Another factoid about Sarah Brown, she's from Eureka, CA, not Yreka but Eureka, so there you have it! Tomorrow morning before court resumes, the attorneys will meet with Judge Stephens to hash out Dr. Richard Samuels testimony, and what he will be allowed to render an opinion on.  Someone left a hilarious comment on one of the previous blogs, referring to Samuels as "Dr. Fog"! I was literally laughing out loud. 

The only other defense witness I found on the list that's available to the public is Kimberly Ross, a former cell mate of Jodi Arias. I wonder what she could possibly have to offer as testimony? They wouldn't be calling her to the stand if she didn't have something they believe would be beneficial to Jodi Arias.  But again, Arias more than likely lied to the people she's been housed with - so why would we believe her to be credible if her testimony is based on what Arias may have told her?  Just goes to show what an extremely weak defense case they have - when your case consists of a murder defendant, "Dr. Fog" and a former cellmate who also has a lengthy record?

A comment was left on a previous posting on whether or not the jury will be able to find Arias guilty of a lesser charge than first degree murder.  What I was able to find was a document from 7/9/08 where Jodi Arias was indicted on:

• One Count of First Degree Murder under two theories:

1. Premeditation
2. Felony Murder

It appears that these are the only charges the jury can consider. I'm not certain if the judge can add "lesser included charges" such as second degree murder or  manslaughter. I'll do some more poking around to see if the lesser charges can be added after the trial has began and/or after it has concluded.  I don't believe they can be, but I'm no lawyer!

I do know that in July of 2011, Kirk Nurmi submitted a memo to the prosecutor on behalf of Jodi Arias in relation to a possible plea deal in which Arias would plead guilty to second degree murder. The State said "no thanks". Tune in to tomorrow's court proceedings and see what else Dr. Samuels has to say about his 12 interviews with Arias - I may have to throw something at my television if Judge Stephens allows him to comment on whether the crime scene appears to show premeditation - that was one of the more ludicrous moments from last week. There is no way he can make that type of assessment and even with a special jury instruction, he should not be allowed to say anything close to that.  Neither side should -  just my opinion.

Who do you think would be a good fit to play Jodi Arias and Travis Alexander on the made-for-TV movie about this tragedy?  Please leave your suggestions in the comment section! Enjoy your weekend and Happy St. Patrick's day!

Beyond Bizarre - New Jodi Arias Video Surfaces

Just when I thought things couldn't get stranger in the Jodi Arias murder trial, a new video clip was released from July 15, 2008 when Arias was arrested in Yreka, CA. We've all seen the interrogation video(s) between Detective Esteban Flores and Jodi Arias from July 15th and July 16th, but today a clip was released that has never been seen before.

The clip shows Arias in the room where she was questioned by Detective Flores, and at some point Jodi Arias is left alone in that room and what does she do? She does a handstand against the wall, no shoes on - just does a handstand against the wall of that interview room! In the audio, she can be heard laughing, giggling - and at one point she talks to herself in the third person "Goodness, you could've at least done your makeup Jodi".....she's smiling yet it's almost an eerie and evil smile, and laughing like a lunatic.

Now I've really seen it all!  This woman had just been arrested for the first degree murder of a man she supposedly loved and she's laughing and smiling? Concerned about her makeup? And anybody who talks about themselves in the third person is a little bit off to begin with. The jury hasn't and won't see this clip - actually, it may be better that they don't because they may think she is crazy, and that may actually hurt the State's case.

The video has made it's way onto the web - it's not hard to find. I just saw it on HLN News, but it's already made it's way onto Radar Online :

http://radaronline.com/exclusives/2013/03/jodi-arias-sings-handstands-police-interrogation-video/

and other sites. Arias seems to be obsessed with her own looks. If you recall, Detective Flores said that when he went to her grandmother's home in Yreka to arrest Jodi, she asked if she could go back in to get her makeup.  In her "press conferences" from jail, she can be seen applying makeup and actually asking them not to roll the film until she's ready.  Narcissistic AND a psychopath. Not a good combination.

The hearing on what Dr. Samuels will be allowed to testify to and what materials can be submitted was cancelled today and rescheduled for Monday morning.  These 3 day trial weeks is really stretching this thing out, and I worry that the jury isn't sequestered - all it takes is one juror to read, hear or discuss something about this case and you have a mistrial.  I think they need to start having FULL court days, no more late/delayed starts and at least a 4 day trial week!  They've had these 4-5 day recesses in between, not to mention that 12 (?) days between the prosecution resting and the defense starting their case.

This is a very high profile case, and it seems to be a part time trial. Very few full days, where they begin on time remain in the courtroom for full days. I understand that trials are fluid, and things come up that can't be foreseen, but it seems like they have had a lot of issues with evidence - I thought all of that stuff was supposed to be hashed out pre-trial?  

If you haven't seen the Jodi Arias handstand video clip, you have to see it. What a whack-job!!

Defense Expert Witness ($$$) - Arias Has PTSD

Testimony in the Jodi Arias murder trial will continue on Monday, but attorneys on both sides will be in court today for an evidenciary hearing.  Prosecutor Juan Martinez is objecting to a Power Point presentation that was prepared by an expert witness for the defense, Dr. Richard Samuels out of Scottsdale AZ.  Martinez objected yesterday on the grounds that he was only given a copy of the presentation yesterday before court began, he added that there appeared to be new information not included in previous reports - and he believes that receiving the presentation at the last minute was no accident.

The hearing today will determine whether Dr. Samuels will be able to testify on his opinion of whether the murder of Travis Alexander appeared to be pre meditated or not - based on his review of crime scene photos and his 12 interviews with Jodi Arias. I can see why Juan Martinez is fighting to keep this testimony out. Dr. Samuels could have no way of knowing whether Arias planned to kill Alexander. I did hear him state that unplanned homicides tend to be "disorganized" and "chaotic" - aren't most homicides chaotic?  I hope Judge Stephens does not allow this testimony to come in, even if she gives special jury instructions attached to the testimony it should not be allowed. This guy is not qualified to make a presumption of premeditation based on 12 meetings with a lying defendant and viewing some crime scene photos!

I always have a problem with these types of witnesses, because frequently they are writing their reports based on what the client/defendant has told them - and they are assuming they are being told the truth.  Arias would have no motivation to tell the truth to this man or anybody else for that matter. They can throw five experts up there to testify that Arias has PTSD, Acute Stress Disorder, Detachment and Amnesia Disorders but those things only seek to explain her post murderous behavior, not her motive or the reason she killed him or if and how she planned it.

Dr. Samuels testified yesterday that he met with Jodi Arias 12 times over a period of 3 years while she was being held in the Estrella jail complex she has called home since her arrest back in July of 2008. Samuels attempted to explain how our brains function, and he explained what Post Traumatic Stress Disorder (PTSD) is, how it can be brought on and he cited situations where he has assisted police officers who suffer from PTSD after shooting a suspect or witnessing a traumatic event, he also explained PTSD is a fairly common condition for members of our armed forces when they return from war. He also explained the brains "fight or flight" responses and what part of the brain produces these reactions and stated that they are involuntary in nature. He said that during times of stress, our brains go "off line" - sound familiar? Didn't Arias & Nurmi compare her brain to a computer, she referred to it as "freezing up" like a computer does?  Really? 

What really caught my attention however, is when Dr. Samuels started using the terminology we've heard Jodi Arias & Co. using over her 18 days on the witness stand. He actually used the words "fog" and "foggy" to describe people who suffer from PTSD - could Arias be parroting what she read in Samuels assessment or report on her? It's the chicken and egg thing. More often people refer to having "blackouts" when they can't remember certain events, but this is the first time I've personally heard it referred to as a "fog" - is this just another coincidence?

I've noticed throughout the trial that Arias has certain themes and phrases she uses over and over again. For example, "linebacker pose", "body slammed" - who body slams another person? Only the TV wrestlers or the ultimate fighting competitors!  I simply cannot imagine Travis getting out of the shower naked and wet, and putting his arm through Jodi's legs and picking her up and slamming her to the tile. This is just ludicrous. But she's had more than 4 years to come up with these tall tales, refine them and commit them to memory.  She's rehearsed, she's done her best to memorize dates and events that she hopes will help her.

Acute Stress Disorder

The traumatic event is persistently re-experienced in at least one of the following ways: recurrent images, thoughts, dreams, illusions, flashback episodes, or a sense of reliving the experience; or distress on exposure to reminders of the traumatic event.

Acute stress disorder is also characterized by significant avoidance of stimuli that arouse recollections of the trauma (e.g., avoiding thoughts, feelings, conversations, activities, places, people). The person experiencing acute stress disorder also has significant symptoms of anxiety or increased arousal (e.g., difficulty sleeping, irritability, poor concentration, hypervigilance, exaggerated startle response, motor restlessness).

Above is a partial description of Acute Stress Disorder, also mentioned by Dr. Samuels. How can this apply to Arias? With this disorder, she would be experiencing recurrent images, thoughts, dreams, illusions, flashbacks or a sense of reliving the experience. She doesn't remember anything! It also says that a person with the disorder would avoid thoughts, feelings, conversations, activities, places & people. Arias got in her car and made a bee-line for Ryan Burn's place after she killed Travis Alexander. She wasn't avoiding people or places. She even talked about Travis with Leslie Udy, telling her that she hoped one day her children and Travis's children would play together! It doesn't fit, does it?

I do believe that Jodi Arias has some type of personality disorder, maybe even a few of them. But not the type of disorders that would dismiss murdering somebody. She knew exactly what she was doing, and I truly believe she remembers every single thing she did to him on June 4, 2008. When they were showing the crime scene photos and Arias had her hand over her face, if you look closely, you can see her looking at the small screen in front of her and looking at those awful photos of Travis. She wanted to see them, she even asked Detective Flores if she could see them. She know what she did and how she did it. The physical evidence tells the story of what happened in that bedroom and bathroom. Arias has no injuries except for cuts most likely inflicted when she cut herself when the knife she was killing Travis with became too slippery for her to handle. To quote the jury, she walked away "fairly unscathed". I'm not sure if the evidenciary hearing will be televised today. If it is, I'll update this page later. Have a great day!

Did you know: (**UPDATE**)

*Under Arizona law,if Arias is convicted of 1st degree murder but all 12 jurors are unable to agree on the death penalty, prosecutors have the option of enpaneling a second or third jury to repeat the penalty phase of the trial? The judge would become involved in deciding the penalty if three jury panels were unable to come to an unanimous decision - if Arias's life is spared by the jury, she could receive 25 years to life, or life without the possibility of parole. 

*This information can be found in this US News article:

http://usnews.nbcnews.com/_news/2013/03/14/17313818-jodi-arias-18-days-on-witness-stand-could-save-her-life-experts?lite

Dr. Richard Samuels To Testify As Expert Witness for Jodi Arias

**UPDATE** Dr. Samuels is on the stand.  He just referred to "foggy and cloudy" memory issues that occur when our brains are under stress. Could that be the origin on the "fog" terminology Arias has been using all along? He also just referred to a person who shakes, uncontrollably under certain situations! The terminology they are using is just TOO close to how Arias & Co. have been describing her issues with memory. Tailor-made statements!

Oh boy - here we go again.  Trial has been delayed, and the attorneys are now arguing about the defense witness who will testify next - Dr. Richard Samuels. Dr. Samuels is a "Clinical and and Forensic Psychologist" out of the Scottsale Arizona area. He has testified as an expert witness many times and his background and training is actually fairly impressive (see http://svpexpertwitness.com/curriculum_vitae.asp).

The prosecutor is objecting to a Power Point presentation that Dr. Samuels is planning to use today - Juan Martinez says he was not given a copy of the presentation until this morning and hasn't had adequate time to review it. He argued that "it's doubtful that they just finished this report last night", or something to that effect. He objected to several individual slides and alleges that some of the material is new or has changed since the 7/11 interview Martinez conducted with him.

He is objecting to some of the report's content.  This should be interesting. From what I gathered from what was televised, this doctor is expected to discuss amnesia, PTSD, disassociative disorders, "instrumental" crimes versus "reactive" crimes. The writing is ALL OVER THE WALL with this witness, and just in reviewing the Wikipedia definitions (see below) around these types of disorders tells us exactly where they are taking her memory issues and running with them:

Dissociative disorders are conditions that involve disruptions or breakdowns of memory, awareness, identity or perception. People with dissociative disorders use dissociation, a defense mechanism, pathologically and involuntarily. Dissociative disorders are thought to primarily be caused by psychological trauma.

The five dissociative disorders listed in the American Psychiatric Association's DSM IV are as follows:^[1]

• Depersonalization disorder: periods of detachment from self or surrounding which may be experienced as "unreal" (lacking in control of or "outside of" self) while retaining awareness that this is only a feeling and not a reality.
• Dissociative amnesia: (formerly Psychogenic Amnesia): noticeable impairment of recall resulting from emotional trauma
• Dissociative fugue: (formerly Psychogenic Fugue): physical desertion of familiar surroundings and experience of impaired recall of the past. This may lead to confusion about actual identity and the assumption of a new identity.
• Dissociative identity disorder: (formerly Multiple Personality Disorder): the alternation of two or more distinct personality states with impaired recall among personality states.
• Dissociative disorder not otherwise specified: used for forms of pathological dissociation that do not fully meet the criteria of the other specified dissociative disorders.

I copied/pasted information on Dr. Richard Samuels  from his webpage (see below) to illustrate some of the disorders he treats. Just by reading his areas of expertise and looking at the Wikipedia definitions of these disorders plays perfectly into Jodi Arias's alleged foggy memory issues. Particularly noteworthy, I think there's a good chance they will claim Jodi Arias suffered from "dissociative amnesia" or even "depersonalization disorders".

This is frightening, and I can see why Mr. Martinez is objecting so strongly. He  interviewed Dr. Samuels back in July of 2011, but he claims there is new information and/or findings on the report that was not included or discussed during the previous (7/19/11) interview. It is now crystal clear why they have proceeded in the manner in which they have around her memory issues - if the doc testifies that in his opinion, Ms. Arias suffers from one or more of these disorders AND the jury buys into it, I'm afraid she may walk among us again one day.  Based on the jury's 200+ questions to Arias, it seems they are not buying many aspects of Arias's tall tales - how/will that change if an "expert" comes in to explain why she behaved the way she behaved? I feel like this whole thing has been an elaborate set up. Her behavior seems to have been custom designed for these disorders.

They took so much time reviewing this Power Point presentation this morning that the Judge decided to have the jurors take the lunch break now while the try to work through what will be admissible and what won't. Jennifer Willmott argued for the defense today and she has a much different style than Nurmi - but she became a little hostile or defensive after Juan Martinez voiced his concerns over not receiving a copy of the new material until the day this expert is testifying. Willmott claimed that there was nothing new in the report, and that she would not go into a line of questioning as to this witnesses opinion on whether the crime was premeditated or not - the expert doesn't believe the murder was planned, but he cannot make those type of statements in open court

Juan Martinez is upset and looked a little concerned.  This should be a very interesting day in court! I think we will all be happy to hear someone other than Jodi Arias talking.  I will update this page after testimony concludes.  Buckle your seat belts - we may be in for some turbulence today!!

Evaluations

Richard M. Samuels, Ph.D., FACCS, ABPP is a practicing Clinical and Forensic Psychologist with over thirty years of experience. With an extensive background in evaluation, analysis, report writing and testimony, Dr. Samuels specializes in Sexually Violent Perpetrator evaluations, Psychosexual Risk Assessments, Sexual Harassment and Gender Discrimination Matters for Defendants and Emotional Trauma from Medical Malpractice for Defendants and Plaintiffs.

Working closely with public defenders and private attorneys, he will determine the facts of the case and any special circumstances and mitigating factors involving the trial process. An extensive evaluation of the respondent, in depth case analysis and research contributes to a succinct report which often will result in a more favorable outcome for your client. His clear and strong testimony in support of the report can help to educate juries and judges.

When you need a verified expert in the field of Sexually Violent Perpetrator commitment hearings, Psychosexual Risk Assessments for sentencing, Sexual Harassment and Gender Discrimination Matters for Defendants and Emotional Trauama from Medical Malpractice for Defendants and Plaintiffs, Dr. Richard Samuels has the experience, education and prestige to help you support your vital arguments.

"Your Scenario Is Impossible" - Juan Martinez Rips Into Arias Story

It's a thing of beauty when Arizona Prosecutor Juan Martinez relentlessly goes after murder defendant Jodi Arias about how improbable, if not outright impossible her account of what happened that horrible night - June 4, 2008.  After 18 days of Jodi Arias spinning complex tales of being abused as a child, cheated on by boyfriends and "victimized" by the man she murdered, I get a sense of great satisfaction when Arias squares off against the veteran prosecutor.

Coddled by attorney Kirk Nurmi, Jodi Arias seems comfortable and almost appears to enjoy the attention of a national audience. She has "followers", a website dedicated to her innocence and the site takes donations from her supporters. It's understandable that Jodi Arias's family may need financial support to enable them to attend the out of state trial, but the thought of Arias on a commissary shopping spree just seems wrong.

Today, Arias once again squared off against a seasoned and determined Juan Martinez.  More "I don't know", "I don't recall", "I don't remember" and my personal favorite "I don't understand the question".  Classic Jodi Arias. Her memory is sharp as the knife she used to stab Travis Alexander when being questioned by her own attorney - but when it comes to getting answers from her on everything that matters, the fog rolls in again.  Martinez had a difficult time getting a defiant Jodi Arias to answer simple yes or no question, without squeezing in some self-serving comment for the jury. Her testimony is so rehearsed that when confronted with something she hasn't prepared for and thought through completely, you can almost see the wheels turning in her head as she tries to buy time by asking for the question to be repeated. I think this jury gets that - if they had the answers they wanted/needed, they wouldn't have had to ask her 220+ questions.

Juan Martinez had her cornered on several occasions today. Arias claimed that Alexander was coming after her, after she dropped his camera in the bathroom, but she admitted that she never really looked at his face. She acknowledges shooting him, but claims she didn't realize he had been shot - often referring to the gun "going off". Martinez tried to pin her down to exactly what happened, second by second - telling her "isn't it entirely possible that Travis was leaning over to help you up from the floor and that he wasn't coming after you?" She admits that after he stepped out of the shower and "body slammed" her (nobody believes she was EVER body slammed), she was able to roll away and run down the hallway to the safety of the closet - yes, the CLOSET, even though the exit door was closer and made more sense.

Arias testified that Travis assured her the gun wasn't loaded after she found it while cleaning his home. Martinez capitalized on her admission, asking her why she thought a unloaded gun would stop Travis from coming towards her. Martinez to Arias:  "what did you plan to do with an unloaded gun, throw it at him?". Excellent point made there, since Arias has added bits and pieces to her testimony - and the State is tripping her up at every turn. Martinez displayed the photo of Travis's closet and asked Arias if the closet light was on - and how she was able to find that gun if she was in such a heightened state of panic. I think Mr. Martinez is about to nail her on a comment she made about her eyes being level with a photo displayed in Travis's closet, on the shelf below where she supposedly got the gun. 

Martinez asked her how tall she is, she is 5 5" - and he asked her point blank, "so your eyes are level with the photo on the shelf in this photo"? At that point, she seemed to back off just a little - she's got to know it wouldn't be that difficult to measure the closet height, the height of each shelf and catch her in a bold faced lie. I could see the wheels turning as Arias attempted to back away just a little, with "to my recollection" and her bag of maybes. If the State can show that it wouldn't have been that easy or fast for her to retrieve this gun, that would go a long way towards proving she is still lying - under oath.  It's one thing to think she's lying, it's another to prove it. Like the gas can return to WalMart. Mr. Martinez got as close as he could get to proving she lied about returning the gas can by telling Arias and the jury that WalMart had NO RETURNS of any type of gas can on the date in question. That's as close as it gets my friends!

Juan Martinez kept pounding away at some critical areas where Arias lacks credible or logical answers. He went after the knife. Where did she get the knife, before or after shooting Travis Alexander? The State believes Arias arrived in Mesa with the knife and a gun, naturally the defense denies both allegations, with Arias acknowledging that she used the knife but she's unable to say when or how she gained control of the knife or what she did with it after. Kirk Nurmi's objections were fast and furious today.  But Arias was not responsive to the questions from the prosecutor, so the Judge gave Mr. Martinez just as much latitude as he has shown for the defense. If a question comes up attached to an answer that hurts her, she doesn't recall.

The gas can issue came up once again - when Arias left Mesa for Utah, where did she get gas? Did she use the 10+ gallons that were stored in the gas cans in the trunk of her rental car? She didn't recall. She doesn't remember. She doesn't know. Really Jodi, really? She actually said "I'm presuming I got gas, just like everything else on June 4th". The sparring continued, with Arias looking completely beaten down and just plain worn out by the end of the court day. It's much more taxing on her brain to remember the lies she has told. The truth comes easily, but when you've told as many lies as she has, she has to go through a filtering process before she opens her mouth. It shows.

The prosecutor did a great job exhibiting just how difficult it would be for things to have played out the way Arias says they did.  She had to have the knife on her person. The recovered photos are evidence of how quickly this all went down - she would not have had time to retrieve a knife from anywhere other than on her, or planted somewhere inside that bathroom or bedroom. We've heard Jodi Arias's story, or what she remembers through the fog and gaps in her memory. Juan Martinez is now painting the State's story of how this unfolded, and it sounds a lot more probable than her story. It's common sense - her stories are ludicrous in each and every aspect. It's just not believable to think dropping a camera would set off a man who's on top of the world, excited about his upcoming trip to Cancun and making travel plans beyond Cancun. He had a lot to look forward to. Jodi, not so much. 

The camera was probably under warranty! The dropped camera story probably evolved when she saw those few inadvertent photographs, taken while she began attacking Travis, and that's the best story she could come up with. They are trying so hard to cram their defense into the evidence they have to work with. No journal entries, no domestic violence reports, no confiding in a friend or family member - nothing at all to back up her claims. Zero, nada - nothing. Arias ends up with an attorney who happens to specialize in sex crimes, crimes against minors and suddenly the pedophile defense is born. 

Self defense, really Jodi?  We are all waiting to "mark your words".  Your running out of time.