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** Update 8 June 2013 **
While I continue to monitor this blog, please note I have changed to a different hosting service and therefore a new blog. If you'd like to stay current, please visit me at My Sens-iety.

Monday, April 22, 2013

Arias: Would You Believe Manslaughter?

In a last-ditch but not altogether unexpected move today, the defense team of Jodi Arias made a motion to add the charge of "Manslaughter by sudden quarrel or heat of passion" as a lesser included jury instruction.  The defense apparently believes they've been able to make a case for it, although I'm not seeing it unless...

Earlier in the trial, the defense fought to admit testimony from Dr. Samuels regarding his interpretation of the crime scene photos.  According to Samuels, the photos "proved" the attack on Alexander was not premeditated.  Objecting on grounds of Daubert, Frye and lack of foundation -- i.e. there is no scientific basis to support any such interpretation nor is Samuels a crime scene expert -- the state successfully argued against admission of the testimony.

The defense is also seeking permission to present a surrebuttal case to counter the testimony of state's witness, Dr. Janeen DeMarte.  DeMarte, during the state's rebuttal case, effectively dismantled the testimony of Dr. Richard M. Samuels and Alyce LaViolette, mental health experts for the defense.  HLN reports the defense wants to call Dr. Robert Geffner, founding President of the "Institute on Violence, Abuse and Trauma" (founded in 2005) as their surrebuttal witness.  Oh lordy, lordy, here we go again with more red herrings about abuse and trauma.

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