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Showing posts with label Juan Martinez. Show all posts
Showing posts with label Juan Martinez. Show all posts

Thursday, May 16, 2013

Arias: Penalty Phase 5/16 (1)

Proceeding Notes & Opinions

These are my notes, not a verbatim transcript.


Opening Statements


JUDGE STEPHENS: Reads jury instructions.


KIRK NURMI: Opening Statement.  Tells the jury they will decide whether Arias lives or dies.  Your verdict is not a recommendation.  Miss Arias was presumed to be innocent, the state was required to prove she was not. You each have to make your own moral assessment as to which verdict is correct. 
Miss Arias has the burden of proof for mitigating factors.  Miss Arias will have an opportunity to talk to you.  Reminds jury they can consider evidence from any phase of this trial.  He suggests all twelve jurors do not have to agree on every mitigating factor during this phase so long as they agree on the verdict.  Will hear from Jodi Arias, Patti Womack, Darryl Brewer.  "...when you understand who Miss Arias is, you will understand that life is the appropriate penalty."
Mitigation

Mitigating circumstances are any factors that are a basis for a life sentence instead of a death sentence, so long as they relate to any sympathetic or other aspect of the Defendant's character, propensity, history or record, or circumstances of the offense.

Mitigating circumstances are not an excuse or justification for the offenses, but are factors that in fairness or mercy may reduce the Defendant's moral culpability.

Mitigating circumstances may be offered by the Defendant or State or be apparent from the evidence presented at any phase of these proceedings...

The circumstances proposed as mitigation by the Defendant for your consideration in this case are:
  1. Defendant was 27 years old at the time of the offense.
  2. Defendant has no prior criminal history.
  3. Defendant was a good friend.
  4. Defendant lacked support from her family.
  5. Defendant suffered abuse and neglect as a child and as an adult.
  6. Defendant tried to make the best of her life.
  7. Defendant consistently tried to improve herself.
  8. Defendant is a talented artist.
You are not limited to these proposed mitigating circumstances in considering the appropriate sentence...



JUAN MARTINEZ:  You are not to act as an advocate or investigator to find mitigating factors.  Your duty is to look at all the evidence and judge the fairness to both the defendant and the victim.  The eight factors presented by the defense [mitigators] are flawed... As to the mitigating factors, the connection or lack of connection to the murder may affect the quality.  For instance, Defendant was 27 years old; there's no connection to her age and the fact she stuck a knife into the victim's chest... There is no connection.  The connection of mitigators to the crime is something you may consider.  Example, being a good friend has no connection.  Support of her mother has no connection.  Childhood abuse has no connection.  Artistry has no connection.  No criminal history but she testified she was untruthful to you, clarified to refer to the gas can being returned [perjury].  Good relationship with Mr. Brewer's child has no connection.  That she lacked support from her family... this comes only from the defendant's mouth.  That she suffered abuse and neglect... no evidence was presented in support of that.  That she's trying to improve herself... that's what most people do.  That she's a talented artist and photographer... she can take Calvin Klein photos of Travis in the shower and take photos of her crime then delete the images.  There ARE no mitigating factors in this case.  The proper verdict is death.

STEPHENS: Calls 5-minute recess.  Jury leaves. Counsel approaches the bench. Arias leaves.



Victim Impact Statements


STEPHENS: Calls for the jury.  Victim impact statements will be read to you.

MARTINEZ: Submits exhibits. Calls Stephen Alexander, younger brother of Travis.

STEPHEN ALEXANDER: [Facing the jury, his back to Arias]  Got the news of Travis' death from his sister, Samantha, over the phone.  He cries and asks why.  I thought my brother was bulletproof.  He was in two motorcycle crashes, wrecked several cars, rolled a snow mobile... who on earth would want to do this to him?  I won't ever get the answers to most of my questions.  How much did he suffer?  How much did he scream?  What was he saying?  What was the last thing he saw before his eyes closed?... [Exhibit #656 showing Stephen and Travis singing]... He now has nightmares of being attacked with a knife... cannot sleep alone in the dark anymore... dreams of his brother thrown in the shower, left to rot in there all alone... doesn't want to have to see his brother's murderer anymore... or hear his name dragged through the mud anymore... has ulcers and is on anti-depressants... distances himself from everybody and ultimately separated from his wife... poor daughter has to be passed back and forth between parents... he misses them very much and can't wait for this to end so they can get back to their lives... Travis left a notecard to "Call Stephen" but he never got the call... now when I want to see my brother I have to go to a six-foot-deep hole in the ground.  He was meant to do so much more, never got to live his dreams, meet his goals.  In 2008 he blogged his affirmations: "This year will be the best year of my life... a year where the impossible will become commonplace..." [Stephen continues with the powerful, powerful words directly from Travis regarding his life plans; incredibly eloquent.]  People across the globe have been influenced by him.  He has a legacy.  We have to make sure it survives.  He was so brutally ripped out of this world, my world.  Hopefully one day I can make him proud.

MARTINEZ: Calls Samantha Alexander, younger sister of Travis.

SAMANTHA ALEXANDER: [In tears before she begins]  This tragedy has forever changed the lives of the siblings.   My family has been tortured by the loss of Travis.  Travis was the one who got them through the pain of the loss of their parents.  [Exhibit #659, photo of Travis and grandmother who died shortly before jury selection].  Losing Travis has destroyed the overall health of our family.  Travis was our strength, our constant beacon of hope.  His giving spirit, his determination for accomplishment and his endless strength as a foundation for our family has been taken from us and can never be replaced.  He motivated us with topics he will never be allowed to live out.  We'll never the same.  Travis never took anything for granted.  He was not shy.  He was full of life.  If he were to walk in this room you'd immediately feel his warmth.  He had the ability to make others feel appreciated and loved and good about themselves.  "The difference between a stumbling block and a stepping stone is the character of the individual walking the path," wrote Travis [also quoted by Stephen].  He motivated us to make our lives better than the ones we were born into.  His potential was cut short.  A couple of weeks before his death, he came to see me in southern California.  He let me read the preface to his book.  We both agreed no matter how miserable we were, our childhood made us strong and able to conquer anything. [Exhibit #660, photo of Travis and Samantha taken during the visit, a photo she will forever cherish].  On the morning of June 10 she was on a river trip and checked her voice mail before going out onto the river... got the voicemail from her grandmother who had been crying... she knew someone was dead... sister Tanisha answered the phone screaming "Travis is dead!"  To this day my mind paints a picture of what happened the night Travis was taken.  The thoughts of what Travis must have went through that day, the pain, the screams, the agony, the fear when Travis was being brutally taken.   We have heard every detail of the crime.  I'm a police officer, some of these photos are more gruesome than anything I've ever seen in eleven years in law enforcement.  Our minds are stained with the image of his body slumped dead in the shower.  Our family has born the burden of financial hardship to be here, being away from our loved ones, stepping away from our duties in the workplace.  Travis was the only family member who lived in Arizona, making it very difficult for us to be here.  These are [the type of] times when we would have expected to look to Travis for support.  To have him taken so barbarically is beyond any words to describe our loss.  We will miss his contagious laughter, his jokes, his funny dances, his help in hard situations, his guidance when we are lost, his motivation, his insight, his huge smile [Exhibit #661, closeup of Travis]... he was the glue in our family.  We have not been together since Travis has been gone... it's simply too hard to think of that one empty chair.  Travis had an incredible heart, a huge heart, that will forever be missed.  Our lives will never be the same.  We can never get him back.  We are so grateful for him, lucky and blessed for the time we had with him.  We would give anything to have him back.  Thank you.

MARTINEZ:  Nothing further.

STEPHENS:  Calls noon recess.  Resume at 2pm Pacific.  Jury leaves.  Counsel approach.



To be continued...

Wednesday, May 8, 2013

Arias: Juan Martinez

I've waited to assess the performance of prosecutor Juan Martinez until the verdict came in.  That would, for me, be the true test of whether or not his tactics and techniques were effective.  Some worried his animated, combative style might turn jurors off.  Thinking back to the Casey Anthony trial, I found Jose Baez' combative, smarmy style quite offensive yet we learned the jurors really liked him.  Conversely, I found the style and techniques of Jeff Ashton and Linda Drane Burdick to be quite professional yet the jurors didn't like them at all.  Go figure.

There are two ways to arrive at first degree murder in Arizona: premeditated murder and felony murder.  Jodi Arias was charged with both in the murder of ex-boyfriend Travis Alexander.  As we can see from the verdict form, the jurors were not clueless.  Twelve of them found her guilty of premeditated murder and seven found her also guilty of felony murder.  Kudos to Martinez for being able to instruct them on both the facts and the law.  I'll be interested to hear why the five did not find felony murder as I do believe the facts supported the charge.

Another astute move on the part of Martinez was to reject a plea offer for 2nd degree murder.  He knew he had an excellent case against Arias for 1st degree and to have allowed her to plead out to a lesser charge would have been an injustice to Travis Alexander and to the State.

Say what you will about the Martinez style in the courtroom, he had an amazing command of the facts in this case.  He rarely looked at notes, and seemed to be able to make the most amazing u-turns in the middle of examination when testimony warranted it (unlike Jennifer Willmott who worked from a script and stuck to it, even when the scripted questions had already been answered).

Righteous indignation is a powerful weapon and Martinez came to trial well armed.  I think when you're prosecuting a clearly-guilty client who proudly proclaims on national television that "no jury is going to convict me... because I'm innocent," you have to come out of the gate swinging with both fists.  One of the witnesses he hit the hardest was domestic abuse expert, Alyce LaViolette. Some will look back on this trial and remember the bizarre line of cross-examination about Snow White and the Seven Dwarves.  Frankly, I found it totally entertaining -- I enjoyed watching LaViolette squirm to defend her catchy title.  As a footnote, I see that the title of her speech has since been changed to remove the Snow White reference.

I think the most memorable moment for me personally was when Juan Martinez asked Jodi Arias,

M'am, were you crying when you were shooting him?

Were you crying when you were stabbing him?

How about when you cut his throat? 
Were you crying then?
Judge Stephens was criticized for calling the lunch recess just when Martinez had Arias on the ropes with those poignant questions.  But, in hind sight, I think that actually worked well for the prosecution -- it provided a powerful fade to black moment.  Along the same lines, Arias testified she failed at slitting her wrists because the razor stung.  Martinez jumped on that as well, contrasting the sting of a razor versus having your throat slit ear to ear.

All in all, Juan Martinez did an excellent job.  He presented his case in a well-thought-out way and made it easy for the jury to understand.  I'm not sure what more we could have asked for.

Thursday, May 2, 2013

Arias: Closing Arguments (Pros. Pt. 1)

Juan Martinez, Maricopa County Prosecutor, was amazing.  He presented his closing arguments without a single note, proving his command of the facts in this case.  I've never seen that done before and don't believe I'll ever forget it.  He hit every important point:
  • Jodi is a manipulator.
  • Jodi is a liar.
  • Jodi is a stalker.
  • Jodi is never to blame.
  • Jodi had a premeditated plan to kill Travis.
  • Jodi executed the plan.
  • Jodi executed Travis.
  • Jodi executed a coverup of the murder.
  • Jodi lied to police.
  • Jodi lied to family.
  • Jodi lied to friends.
  • Jodi lied to the psychologists.
  • Jodi lied to the press.
  • Jodi lied to the jury.
  • Jodi lied to everyone.
  • You can't believe Jodi's accusations against Travis.
  • Jodi was not afraid of Travis.
  • Travis was afraid of Jodi. 
  • Jodi is guilty.

5:50pm:  And the crowd cheers.  Nicely done, Mr. Prosecutor.  See you on the flip side.

5:42pm:  Nurmi laughs at the thought of Travis chasing Jodi out of the house naked.  Yuk it up, dolt.

5:41pm:  It's just remarkable how quickly Jodi switches from tears to anger.

5:33pm:  Mean Martinez, he's making Jodi tear up talking about how many ways she killed Travis.  Wah wah wah.

5:19pm:  Jodi's lip-licking and head shaking is really odd.

5:15pm:  Well, I can't go so far as to say Jodi's a sophisticated liar.  She may be able to spit out lies like a slot machine spitting coins, but on closer examination we find the coins are just slugs.

5:14pm:  Willmott's eying the jury.

5:13pm:  Jodi's clenched jaw gives away the anger rising.

5:11pm:  Oops, the smirk is back.  Jodi's over it.

4:55pm:  Powerful stuff!!  Martinez finally smacked that smile right off Jodi's face.  Too bad he had to upset the Alexander family and friends to do it.  My BP's rising again.  He's nailing the coffin with her lies.  Maybe Jodi's finally beginning to realize she might not be the smartest person in the courtroom.  Or not.

2:22pm:  Oblivious to the theatrical antics of Happy, Grumpy and Sleepy sitting at the defense table, Juan Martinez does an excellent job of laying out the premeditation evidence.  In his iconic, hyper-animated style, Martinez paints a picture of Arias as the consummate manipulative liar.  Just when I want to whisper in his ear, "Don't forget ______," he hits the target with sniper precision.  I think I can sit back now with an Alfred E. Newman attitude and just enjoy the show.