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Tuesday, April 16, 2013

Watch Jodi Arias trial April 15, 2013: Evidentiary hearing as expert says reflection in Travis Alexander's eye is evidence (videos, transcripts)

On April 15, 2013, the Jodi Arias trial took what might be described as a strange
Jodi Arias is seen in court on April 15, 2013
turn. Instead of the trial proceeding as typical, an evidentiary hearing was held. You may watch the full day's court proceedings below.

JANE VELEZ-MITCHELL
Terror Attack at Boston Marathon Kills 2, Injures Dozens; Jodi Arias Defense Points to Victim`s Own Eyeball for Proof of Her Story
Aired April 15, 2013 - 19:00   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

JANE VELEZ-MITCHELL, HOST: Breaking news on many fronts and we`re covering it all, from Boston to Arizona. Stunning developments in the Jodi Arias trial. Victim Travis Alexander`s family sobs as they are confronted with the latest bizarre -- and I mean bizarre -- defense tactic involving, of all things, Travis Alexander, the victim`s eyeball.

(BEGIN VIDEO CLIP)

KIRK NURMI, JODI`S DEFENSE ATTORNEY: If you can just identify that there is a person holding a camera like this about a few feet from Mr. Alexander.

JUAN MARTINEZ, PROSECUTOR: There`s no way we can attest what he sees.

NURMI: She`s got both hands on the camera, and she`s a couple feet away.

MARTINEZ: I`m looking at that with all the enhancements in the world. I cannot see it. You enlarged the eye of Mr. Alexander. There is nothing scientific about this.

NURMI: It completely supports her testimony as to what happened that day.

(END VIDEO CLIP)

VELEZ-MITCHELL: We will explain and debate that really strange going- on in court and what many describe as a desperate "Hail Mary" pass by the defense in the 11th hour of this trial.

But first, as you know, major breaking news out of Boston. Twin explosions at the Boston Marathon now being called a terror attack.

(BEGIN VIDEO CLIP)

(SCREAMING)

(END VIDEO CLIP)

VELEZ-MITCHELL: Now, we`ve got some new information just in. At least two dead, including, we are told, an eight-year-old child. That`s according to a CNN affiliate, and at least 110 people rushed to the hospital. At least eight critical, 14 serious. Eight children among the injured. It looked like a war zone near the Boston Marathon`s very packed finish line.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: The first pop, boom, and then another one, boom. This is really, really bad.

UNIDENTIFIED FEMALE: I work in the Prudential, but I don`t know what`s going on.

UNIDENTIFIED MALE: They were banged up bad. Severe lacerations, amputees, a lot of shrapnel. You know, they were pretty big explosions. There was a lot blood everywhere.

(END VIDEO CLIP)

VELEZ-MITCHELL: The big question remains: who on earth did this and why? But it is now being called a terror attack. Of course, we have no idea at this point if it`s international, or domestic, a group or an individual, a very sick individual. We don`t know who did this or why.

We`re going to go back to the Jodi Arias trial in just a second, but first we`ve got to tell you we have an exclusive interview with two young women who were there just feet away when these bombs went off.

I want to go to Amanda Cavanagh (ph) and Katie (ph) Fox. You are joining us exclusively. You were 500 feet, you say, from the explosion. You were sitting inside a bar. Tell us what happened. You`re sitting inside this bar right near the finish line. Describe what happened.

UNIDENTIFIED FEMALE (via phone): So, actually, afterward, talking to lots of people getting the story, we were...

VELEZ-MITCHELL: Ladies, let me ask you a question. If you`re on speaker, take yourself off speaker because you`re going to have to do it one at a time. Don`t be on speaker, so we`ll start with Amanda. Take yourself off speaker and put that phone to your ear.

AMANDA CAVANAGH (PH), WITNESS (via phone): Yes, can you hear us?

VELEZ-MITCHELL: Yes, much better, much better. Tell us what happened.

CAVANAGH (ph): OK. So we were literally right outside -- the second bomb happened right outside the bar that we were at. We were minding our own business, having a good time, and all of a sudden, the windows of the bar blew out; the whole bar filled up with smoke. There was a lady sitting next to us that had three young children with her. We all -- it was me, my girlfriend and her two sisters. We all just grabbed the three kids that were next to us and just started running. People were pushing. We couldn`t see where we were going. There was smoke everywhere. It was crazy.

We got over to the alley. There were people bleeding everywhere. My girlfriend ran back in to get her bag, and there was one girl who had no foot...

VELEZ-MITCHELL: Whoa. You said you saw -- because we`ve heard reports that people have lost limbs. So you`re saying that you saw somebody who had lost a limb?

CAVANAGH (ph): There was a girl that had no foot. Yes, she lost her foot.

VELEZ-MITCHELL: Unbelievable.

CAVANAGH (ph): We had just been hanging out with her not even 15 minutes before, and she -- her foot got blown off.

VELEZ-MITCHELL: And I understand that you had been outside smoking a cigarette. You decided to go back into the bar, and if you hadn`t done that -- tell us about that.

CAVANAGH (ph): I had just been outside not even 10 minutes before that, and if I had been outside when this happened, I would have been seriously injured. Thank God someone was watching over me today. Like, somebody had my back, because I would have seriously been injured. Because if it could blow the glass out of the bar that we were at, it could probably kill somebody.

VELEZ-MITCHELL: So you felt this explosion rattle. People said it was a bomb going off, but it literally shook the buildings. And you`re saying the bar you were in, the glass just like shattered and blew through the room?

CAVANAGH (ph): There were huge, huge windows in front of the bar. They opened them up to make, like, it open to the public, but all the windows shattered, all the windows on the top. The whole glass door shattered. It was ridiculous.

And then everybody just turned around. At first everybody thought maybe it was just let a firework and, like, it was like no big deal until one police officer came into the bar and just started screaming, "Run!" And then everybody just ran. Like nobody knew what to do. It was just like chaos.

VELEZ-MITCHELL: Well, let me ask you this question. Obviously, this is the finish line of the Boston Marathon. There are thousands of people there meeting their runners, family members meeting their runners. How packed was it? Because I understand children -- there`s -- affiliates are reporting one child was among the dead and that there were children injured. Were there kids and families packed around that area?

CAVANAGH (ph): Oh, yes. Boston -- Boston Marathon is a huge thing in Boston. Like, people have the day off so they bring their families. They bring their kids. They bring their dogs, everybody. You know, it`s family event. Boston is very family-oriented. And when this went off, it was like - I`m not surprised that there were so many families in the area.

VELEZ-MITCHELL: Well, Katie, do you want to jump in and say something?

KATIE (PH) FOX, WITNESS (via phone): When we turned the corner, there was a little girl, and she was screaming and crying, and her leg was all bloody and she was just screaming, "I need my mom. I need my mom." And she was completely alone.

And, you know, we`re with a preschool teacher and a mother, so their instinct is to do what they can. We tell her to come with us, but she doesn`t want to leave because there`s no mom. So I mean, it was such chaos.

Like I mentioned before, we -- the four of us in a group, three of us physically carried strange children, children we didn`t know. We physically carried them six blocks with us to a house that we were safe at. We had friends there. And their mother was running behind us with her two- year-old son. So we had taken complete strangers with us to safety.

VELEZ-MITCHELL: Well, you are a hero.

FOX: That`s what you do.

VELEZ-MITCHELL: You are a hero. Instead of panicking and just running for your own life, you had the wherewithal to stop and help a child and help children. God bless you, both of you, for what you`ve done. And thank you for talking to us.

We`re going to get back to the Jodi Arias trial in one second, but we have Mike Brooks, HLN law-enforcement analyst. Mike, there is new information coming in. Now they`re saying that this is a Level 1 mobilization by federal law enforcement, which means all hands on deck. There are teams now apparently on stand-by to check flights leaving the U.S.

I understand they don`t know who did this, but they are calling it a terrorist attack, so explain that.

MIKE BROOKS, HLN LAW ENFORCEMENT ANALYST: Well, if you look at the FBI definition of terrorism, Jane, the unlawful use of force to intimidate or coerce government, civilian population or any segment therefore and furtherance of political and social objectives, this is a terrorist attack, period.

Now, there are -- they`re bringing a number of assets from the FBI critical incident response group out of Quantico and some of the other field offices on the East Coast. They`re sending agents up there. Special agent bomb techs are on the way. You`ve got techs, EOD, bomb teams around Boston right now. They`re checking anything that they find unattended.

Because when that happened, Jane, along Boylston Street, a lot of people dropped things and ran. Well, you heard the police commissioner talk about, yes, if they see something like that, they`re going to treat it as suspicious.

So they are not taking any chances whatsoever. They`ve basically blocked off a 15-square-block area around where all this happened and it`s basically off limits to everyone. But -- go ahead.

VELEZ-MITCHELL: You know, I`m in New York. They say that they`re increasing security measures in New York...

BROOKS: Yes.

VELEZ-MITCHELL: ... in Washington, D.C., obviously in Los Angeles.

And then we`re hearing that officials are going to screen international flights. So while we don`t know, it`s certainly interesting that there`s sort of this international mention.

Again, we have no idea. They may be doing this just as, you know, cover all bases. Bu it is fascinating. We can`t say right now who`s involved, who did it. We don`t know. It`s a real whodunit. But the president said whoever did it will be brought to justice.

So thank you and stand by if you can, Mike Brooks.

We`re going to get back to the Jodi Arias trial, but we understand that this story that you heard about here is developing, so if anything happens whatsoever, we will bring it to you ASAP.

Now, as far as the Jodi Arias trial is going, whoa, what a desperate defense move today. It was like something out of a science-fiction movie. The defense launched this "Hail Mary" pass and essentially argued -- are you sitting down, people? -- you could see the outline of Jodi Arias inside Travis Alexander`s eyeball in the last photo taken from him on the shower before she kills him.

(BEGIN VIDEO CLIP)

MARTINEZ: There`s no way that we can test what he sees.

NURMI: She`s got both hands on the camera, and she`s a couple feet away.

MARTINEZ: I said that I saw a dog. It looked like a German shepherd perhaps I would probably see a Mexican Chihuahua. These right here are the two ears if you take a look at it. Here`s the mouth and here are the eyes.

NURMI: No knife in her hands. No, knife, just a camera.

(END VIDEO CLIP)

VELEZ-MITCHELL: Now, Travis`s family sobbing. They are sobbing as they`re forced to sit inches away from their brother`s killer, because they all had to move to watch the screen where this crazy eyeball performance was put on.

So Jodi Arias is sitting right in front of the family. There she is in black, and there`s the family behind her. Imagine how they feel, having to sit behind their brother`s killer while they take a look at a photo of their brother seconds before she kills him.

The prosecutor, she says, a seconds after this photo was taken, Jodi stabbed Travis in the heart in the shower. Now, the defense claims that`s not possible, because in the outline of this reflection from his eyeball, you can`t see a knife.

Remember, Jodi told a jury Travis chased her, and she claims that he lunged at her and then the gun she was holding accidentally went off.

(BEGIN VIDEO CLIP)

MARTINEZ: Show me the posture of Mr. Alexander immediately before he rushed you, according to you.

JODI ARIAS, MURDER DEFENDANT: As he was...

MARTINEZ: No, just show me. That`s what I`m asking you to do, not talk. Show me. Show me the linebacker pose.

ARIAS: He got down...

MARTINEZ: Well, show me. Show me the linebacker pose. That`s what I`m asking for you to do.

ARIAS: He went like that, and he turned his head and grabbed my waist.

MARTINEZ: Just like that, correct?

ARIAS: Pretty much.

(END VIDEO CLIP)

VELEZ-MITCHELL: Honestly, this trial has gotten surreal.

Jean Casarez, you were there in court as this weird eyeball demonstration went on, where they expanded the eyeball. I`ve got to see the eyeball again, because this -- this has gotten to the point of, in my opinion, lunacy. Lunacy, that they`re zooming in on the eyeball. They`re saying, OK, if you go in on his cornea, you can see the reflection of Jodi Arias, and she`s not holding a knife. Are you kidding me?

JEAN CASAREZ, CORRESPONDENT, TRUTV`S "IN SESSION": Right. It`s because of that, because of the light background behind Travis, that created a reflection so that in his eyeball, you saw Jodi as she was taking the picture.

But the shocking thing is, there could have been immense cross- examination with this witness, I mean, in many areas. And at the end of the day, there was a stipulation. Both parties agree that when that photo was taken, which was moments before, minutes before we know the attack began, that Jodi was just holding a camera. She wasn`t holding a knife or a gun.

And the prosecution stipulated to it.

VELEZ-MITCHELL: Well, maybe because they didn`t want to have to discuss this in front of the jury, because this is, I think, crossing a line into cuckoo for Cocoa Puffs.

We`re going to debate this on the other side. If Jodi -- pretend this is a knife. If Jodi`s holding a knife while she`s taking pictures of Travis, don`t you think he might get a little suspicious, given her history?

We`re going to debate it on the on the other side. Stay right there.

(BEGIN VIDEO CLIP)

NURMI: Did you kill Travis Alexander on June 4, 2008?

ARIAS: Yes, I did.

NURMI: Why?

ARIAS: The simple answer is that he attacked me.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

JENNIFER WILLMOTT, JODI`S DEFENSE ATTORNEY: Part of the time during these conversations, is he also still dating Miss Andrews?

ALYCE LAVIOLETTE, DOMESTIC VIOLENCE EXPERT: Yes.

WILLMOTT: And after Miss Andrews, was he pursuing a woman named Mimi Hall?

LAVIOLETTE: Yes, he was.

WILLMOTT: And while he`s pursuing Mimi hall, is he also having these sexual conversations with these other women?

LAVIOLETTE: Yes, he is.

WILLMOTT: And besides having those sexual conversation with these other women, is he also having relations with Jodi?

LAVIOLETTE: Yes, he is.

(END VIDEO CLIP)

VELEZ-MITCHELL: They`re trying to paint Travis Alexander as womanizer who sexual abused and degraded Jodi Arias to the point where she had to defend herself. And this is their desperation move.

And, you know, I`m really down the road on all of this. I`ve presented all the facts. We have both sides debate it. But this to me strikes me as loony tunes. It`s just insane. And yet both sides stipulated that, oh, in the reflection of his eyeball, you do not see her holding a knife.

We`re going to debate it now with our legal panel, starting with Stacey Honowitz. What the bleep is going on in this trial?

STACEY HONOWITZ, FLORIDA PROSECUTOR: Seriously? When it gets to this level, it gets to a part where you`re kind of grasping at straws.

The fact of the matter is lots of times prosecutors stipulate when they know it`s not going to have any bearing on their case. If the defense wants to try to talk about this, the prosecution is going say, "OK, but so what?" She`s admitted to killing him. This has no bearing on whether or not she had premeditation to go and kill him. And that`s really what it boils down to.

VELEZ-MITCHELL: Danny Cevallos for the defense, because I want to hear this.

DANNY CEVALLOS, DEFENSE ATTORNEY: I heard earlier one of our -- one of our people talking about why they -- why the prosecutor might have agreed to let this -- and stipulated, essentially, to science that is really very questionable.

And probably in the prosecutor`s mind, he`s put up so much evidence, he may have tunnel vision and think that this was really a collateral issue.

But for the defense, this may end up being very significant, because it establishes that she was there, which we already knew, but that she didn`t have a weapon, and only a camera. And that can be very compelling.

And if they stipulate, then the questionability of this supposed science goes out the window. They`ve stipulated. The prosecution had an opportunity to object.

VELEZ-MITCHELL: Danny, given that she slashed -- she slashed his tires and she did all sorts of thing where he sent a message that he was scared of her. I know, he let her into the house and had sex with her. But do you think it would be something that she would do: hold a knife while she taking pictures?

I mean, if somebody had a knife while they were taking pictures of you, wouldn`t you be a little suspicious? Don`t people usually spring that on somebody if they`re going to kill them? They ambush them with a knife. They don`t announce while they`re taking photos that they`ve got a knife in their hand?

CEVALLOS: First of all, Jane, the fact that she slashed his tires at some other date is not germane to what she did in the moments before this attack.

What`s germane is what she had in her hands at the time, and there has been a stipulation that she was there, which we already knew, and that she was not holding a weapon, which -- which supports which story? Jodi`s story and not the prosecution.

VELEZ-MITCHELL: Jon Lieberman.

CEVALLOS: If he prosecution was that afraid of it, they shouldn`t have stipulated it.

JON LIEBERMAN, HLN CONTRIBUTOR: Well, look, nothing about this picture is germane. This is just another ridiculous defense distraction, and every day that we get more distractions is another day that is justice delayed for Travis Alexander. So I hope they get through this quickly and get on to the real business.

VELEZ-MITCHELL: I mean, the point is that, A, I don`t buy it. I think it`s absurd that you could see in his eyeball Jodi`s reflection and could tell that she`s holding a camera and not a knife.

Secondly, if she wanted to kill him, she wouldn`t be holding the knife while she takes the photo. She has it right over there somewhere or maybe in her pants or behind -- I could stick this in my pocket. I could stick it in my bra, any number of places to have a knife. Over there in the corner. To ambush him.

So I don`t really think it points to anything except that the defense is really at the end of its case, virtually, and knows that these jurors don`t seem to be buying the self-defense argument.

On the other side, we`re going to have more debate over some of the kooky, kooky goings-on in this court. We`re going to talk to two women who flew all the way to Arizona from St. Louis to hear testimony, and they are furious they didn`t get to hear testimony today. Stay right there.

(BEGIN VIDEO CLIP)

MARTINEZ: But I`m told that she said something about the prosecutor and how tall he is. This is the type of conduct that they`re complaining the prosecutor is doing, but when you take a look at it, it`s actually created by the defendant.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: What really happened in there?

ARIAS: In a nutshell, two people took Travis`s life. Two monsters.

UNIDENTIFIED MALE: You did not shoot Travis?

ARIAS: No, I`ve never even shot a real gun.

UNIDENTIFIED MALE: You did not stab him 28 times?

ARIAS: That`s a heinous idea.

UNIDENTIFIED MALE: Or slit his throat from ear to ear?

ARIAS: I can`t imagine slitting anyone`s throat.

(END VIDEO CLIP)

VELEZ-MITCHELL: One of Jodi Arias`s outrageous interviews where she claims that two masked ninjas broke in and killed Travis.

And now this bizarre demonstration by the defense to try to say that Jodi didn`t have a knife. You can tell by looking at Travis`s eyeball and seeing the reflection of the eyeball. You can see Jodi, and the outline of Jodi shows that she was just holding a camera and not a knife.

OK. Now, get this. Dawn Jonson and Amy Markham, they flew to Arizona all the way from St. Louis just to sit in this trial.

Welcome, ladies. We are so glad to have you on tonight.

UNIDENTIFIED FEMALE: Thank you.

VELEZ-MITCHELL: So...

UNIDENTIFIED FEMALE: Hi, Jane. Thank you.

VELEZ-MITCHELL: ... I don`t know which one is Dawn and which one is Amy, but...

DAWN JOHNSON, ATTENDING JODI ARIAS TRIAL: I`m Dawn.

AMY MARKHAM, ATTENDING JODI ARIAS TRIAL: I`m Amy.

VELEZ-MITCHELL: OK. Amy...

UNIDENTIFIED FEMALE: Nice to meet you.

VELEZ-MITCHELL: It`s a pleasure to meet you, and we`re thrilled to have you on. Let`s start with Amy. What was your reaction to coming here and then all of this craziness today with the eyeball and you don`t get to hear testimony?

MARKHAM: It was just a lot of waiting and waiting and anticipating, and such a disappointment when we were finally filed into the courtroom and we were told, basically, that it was over for today, and we were in there for a whole two minutes. And we had been there since quarter to 6 this morning.

VELEZ-MITCHELL: Oh, that hurts. That hurts. All right. Listen, Dawn, you were there since dawn, Dawn.

JOHNSON: Oh, yes.

VELEZ-MITCHELL: Why did you decide to fly from St. Louis all the way to Arizona to check out this trial?

JOHNSON: Well, we`ve been watching the trial since it began. We watch it online and on HLN. And we just thought, we got to go watch it in person. We got to see -- we got to give Travis -- Travis`s family our support, and we just wanted to see everybody in person.

VELEZ-MITCHELL: Do you think Jodi Arias is guilty?

JOHNSON: Oh, definitely.

MARKHAM: As far as I`m concerned, she`s killed him twice.

JOHNSON: Yes.

MARKHAM: I mean, she`s just dragging his name through the mud, and I don`t know how his family sits there and listens to all of that.

JOHNSON: I know. I just really feel for them.

VELEZ-MITCHELL: In fact, we have some video of Travis`s sisters, two sisters with Travis`s brother, forced to sit behind Jodi Arias today during this bizarre video demonstration where the defense tried to say that, "Oh, because she didn`t have knife because you can see the reflection of Jodi in the eyeball of Travis."

And there you see. They had to sit behind their brother`s killer. And the two sisters started sobbing. They needed Kleenexes. What do you make of that? I`ll throw that one to Amy Markham.

MARKHAM: I don`t understand what difference it makes what they think they see in her -- in the pupil of his eye, because regardless, there`s stab wounds, and there`s a neck that`s completely slashed, and he`s been shot in the head. So I really don`t what the whole deal is, what difference it makes.

VELEZ-MITCHELL: Yes, what`s the point. And we`re pretty fair down the middle, because we don`t want people to be blindsided because sometimes the jurors see things completely differently.

But this is crazy. Seriously. This particular demonstration, in my humble opinion, was -- really crossed the line.

Ladies, thanks so much. I hope you get in tomorrow. I hope you keep watching HLN coverage. The other side, we are going to debate...

UNIDENTIFIED FEMALE: (UNINTELLIGIBLE)

VELEZ-MITCHELL: You said you will, so we`re happy about that. We`re going to debate more stunning developments today.

We`ll also keep you updated on what`s going on with the Boston Marathon, the twin explosions that are now being called an act of terrorism, but we still don`t know who is responsible for that horror.

Keep it right here. We`re going to be back with more in just a moment.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: What is it you want to know about the photos? Do you want to see the room? Do you want to see the bathroom? Do you want to see him? Is it the photos before it happened that you want to see?

ARIAS: I think the photos after everything.

UNIDENTIFIED FEMALE: I won`t show you those. I won`t. Not in good conscience. I can`t do that.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

JUAN MARTINEZ, PROSECUTOR: One example that I can give you where the state has no control over social media is the defendant. There`s been allegations that she`s been tweeting. So if we`re talking about the flames of interest by the media, whether it`s conventional or social, in this case, they`re being fanned by the defendant herself.

One can`t forget that she`s a witness in this case and she`s actually violating the court`s rule about discussing her testimony.

You know, if we`re going to talk about disparaging comments that are made, I`ve been told that she indicates something about the prosecutor and how tall he is. This is the type of conduct that they`re complaining the prosecutor is doing, but when you take a look at it, it`s actually created by the defendant.

(END VIDEO CLIP)

VELEZ-MITCHELL: And that is the prosecutor. And the tweet that Jodi allegedly tweeted is something about "little man syndrome" because that prosecutor, who was complaining about her tweets, is short. So that is fascinating to me that Jodi and the defense did not deny it. They did not say, "Your honor, she does not have a Twitter account."

Jodi appears to be tweeting insults at the man prosecuting her through a Twitter that`s run by a friend. Let`s debate it.

Stacey Honowitz, again, this trial is off the rails bizarre. But is that a new one or does that happen?

STACEY HONOWITZ, FLORIDA PROSECUTOR: Ever since social media has come into effect, I`m sure that defendants do it all the time, they`re just not high profile like this and the press isn`t covering every single move that was made. But the fact of the matter is to go out and say that the prosecutor is trying to gain celebrity or he`s doing something that`s unethical -- it`s misconduct, is the most ridiculous thing in the world.

And then she sits there and she tweets to everybody and she doesn`t deny tweeting. So we`ve gotten to the point in this case where we have lost focus. We have really lost focus about what this case is all about. And this judge needs to start reining some things in to try to get it back on track.

VELEZ-MITCHELL: Well, I have to go to Jean Casarez, quickly. What the heck is going on because I thought that Alyce LaViolette was going to be the last witness? And now they try to get on this witness about the eyeball but they agreed, ok, she`s not holding the knife, we`re going to move on.

Is the defense case over? Are they going to call another witness? What`s going to happen tomorrow?

JEAN CASAREZ, CORRESPONDENT, "IN SESSION": I don`t think they`re going to call this witness because there was a stipulation and agreement on exactly what his conclusion was going to be in the eyeball of Travis. I don`t think they have any more witnesses.

We don`t know and we`ll never know until they rest, but I would think tomorrow morning they`re going to rest.

VELEZ-MITCHELL: Well, is that really bad news, Jon Leiberman, for the defense? I mean, obviously the juror questions of Alyce LaViolette, the domestic violence expert, shows that at least a sizeable faction of the jury was not buying Jodi`s claim that she was a victim of domestic violence.

And now the defense tried this "Hail Mary" pass at the end about the eyeball that -- ok, they got a stipulation, but they didn`t get a jury testimony about it that might have had more impact for the jury, so are they you know what?

LEIBERMAN: Well, look. I think it`s game over for the defense, I really do. I mean I think it`s a foregone conclusion she`s going to be found guilty, the only thing at issue is life or death.

And I`ve got to tell you, it`s the tweeting, it`s Jodi smirking in the courtroom. I agree with Stacey, this whole thing has gotten so far off the rails. The defense is over now, we think. Now it will be up to closings and everything, and we have to get this back on --

(CROSSTALK)

VELEZ-MITCHELL: Well, we have a rebuttal case.

LEIBERMAN: Well, the rebuttal case, but we have to get the focus back on the murder of Travis Alexander. That`s what this case should be about.

VELEZ-MITCHELL: But I mean we`re at the end, or it would appear the end, if there is some dramatic 11th hour last defense witness that shows up a la Perry Mason, well, we`ll see what happens tomorrow and we`ll bring it to you right here.

But it looks like they`ve run out of options. The defense case is over. It would appear that the jury didn`t buy their argument.

DANNY CEVALLOS, CRIMINAL DEFENSE ATTORNEY: Are you asking me, Jane?

VELEZ-MITCHELL: Yes, Danny Cevallos.

CEVALLOS: Yes, you know, we hear a lot of -- I`m hearing a lot of people say this is taking up too much time, we`ve gone far afield. You know, let`s try to keep in mind the government is trying to take away someone`s life.

And for those of you out there who have already made your decision, well that`s fine, that`s your privilege. But you wouldn`t make jurors that could stay on this jury because you have to keep an open mind. Not only keep an open mind; because of that presumption of innocence, you have to root for Jodi Arias. You have to believe that she is presumed innocence.

So for everybody who thinks it`s just a waste of time to have her put every piece of evidence out there that she can, well we`re trying -- the government is trying to take away someone`s life.

And if we succeed in taking away that life or incarcerating her for the rest of her life, don`t we want to know that she had every opportunity? I mean, the few days or hours that it takes us to wade through some additional testimony, won`t that be more satisfying if we convict her? She should have every opportunity.

The fact that you may think it`s gone far afield, that is your right to think so, but let`s not (inaudible) the facts.

VELEZ-MITCHELL: A quick rebuttal from Leiberman.

LEIBERMAN: This case has always been about credibility. Jodi has none and the experts that testified based on all of Jodi`s lies have none either.

VELEZ-MITCHELL: All right. I have to bring in a guest. We have Pat from Texas, a caller. Pat, you`ve been very patient -- your question or thought, pat. Oh, Pat. Pat was patient but I guess she had enough and she hung up.

All right. Stacey Honowitz, I`m going to give you -- since we`re not having testimony today, or our testimony was pre-empted by these crazy motions inside court to have an expert talk about Travis` eyeballs, reflection showing Jodi Arias not holding a knife, and then they agreed, ok, she was not holding a knife. Do you think that -- how would you grade this defense case?

HONOWITZ: Listen, I don`t like to Monday morning quarterback. I don`t like it when I`m in court and someone`s is judging me, but the fact of the matter is they are out, they are done. And the reason why the prosecution stipulated is because like I said earlier, it really is a "who cares, we`re going to stipulate it`s not germane to our case".

I think at this point they`re going to wrap up. The motions are over. There is no misconduct. That hearing could have been in ten minutes. We don`t find -- (inaudible) testimony by Jean Casarez and Grace Vaughn. People took the stand. They said what was going on.

So what I`m saying reining in, the time factor could have been shortened a little bit. The defense is right, you need to hear everything, but you need to rein it in at some point.

VELEZ-MITCHELL: On the other side of the break, more of today`s very bizarre goings-on. Yes, the defense accused the prosecutor of being a celebrity and a great man, sarcastically. And we`re also going to talk to a good friend of the victim, Travis Alexander, who also knew Jodi who is going to give us some insights into her psychology and her dear friend.

Stay right there.

(BEGIN VIDEO CLIP)

JODI ARIAS, ON TRIAL FOR MURDER OF TRAVIS ALEXANDER: The evidence is very compelling, but none of it proves that I committed a murder.

MARIE HALL, FRIEND OF TRAVIS ALEXANDER: He had dated someone earlier that year. She had slashed her tires. She had followed us on the first date that we went on.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

JENNIFER WILLMOTT, DEFENSE ATTORNEY: Lied about his virginity.

ALYCE LAVIOLETTE, DEFENSE WITNESS: Yes.

WILLMOTT: Lied about his virginity to his church?

LAVIOLETTE: Correct.

WILLMOTT: Is there deception there?

LAVIOLETTE: Yes.

WILLMOTT: Is that same deception something that went on with his own friends believing that he was a virgin?

LAVIOLETTE: Yes.

WILLMOTT: And did that same deception go on with his own family believing that he was a virgin?

LAVIOLETTE: As far as I know.

(END VIDEO CLIP)

VELEZ-MITCHELL: That is the defense attorney with the domestic violence expert trashing the victim who was left -- his dead body was left in the shower there. You`re taking a look at crime scene photos. This is the very area where Travis Alexander was stabbed 29 times and his throat was slit ear to ear and he was shot.

Now, the medical examiner believes that he was shot after he was dead and then dragged into the shower. Jodi claims, oh, I dropped his camera, he body slammed me and then I ran into the closet, got a gun and it accidentally went off, or it went off, and I didn`t mean to kill him.

I want to bring in Jesse McPherson, a friend of Travis Alexander`s. You also know Jodi. You`re telling me that Travis was such a nice guy that when you were living he said "you take his room". And you spent a week living in this bedroom of his and using this very bathroom where the crime occurred. Tell us about that.

JESSE MCPHERSON, FRIEND OF TRAVIS ALEXANDER: Yes. It`s actually -- I mean it`s pretty disturbing when I really, you know, think about it and I think it`s a little surreal for me that Travis is not with us anymore, but my wife and I were spending a weekend in Phoenix. We live in southern California.

When we went to phoenix, we actually had intentions on staying somewhere else, but those plans fell through. And when they did, I called up Travis because I knew he lived in the area and we were friends from work. And I said, "Hey, can I come by and crash? I know it`s last minute." He said, "Sure, yes, come by. I`d love to have you."

You know, I knew he had a beautiful home in the area, so when we went to visit and to stay, he said, "Here, you guys take my room." That was just the guy. He would have given you the shirt off his back. That`s who Travis was.

And it`s just so gross hearing this, you know, this person that they`ve tried to make him out to be in these scenarios. I`m not Mormon myself, so the whole stipulation about his sexual life and all that, it`s really sad, but we spent a week there, and it`s really -- it`s pretty awful when you have an opportunity to see, you know, the hallway and the bedroom and everything.

The story is just outrageous, and from lie to lie to lie to lie to lie, I mean her credibility is totally shot. And at this point I think obviously the defense knows it`s game over. And you know, we`re just -- you know, we`re hoping for justice for Travis and our prayers go out to his family.

VELEZ-MITCHELL: Now, when you were hanging out with Travis, and Jodi was there as well, and you got to spend time with Jodi, a lot of times in retrospect, we can say, well, that person is a pathological liar. I had a feeling but I didn`t know it for sure. What were some of the vibes you were getting off of Jodi?

MCPHERSON: The vibes weren`t, you know -- I wouldn`t say they were crazy vibes. There were always a little bit of like what -- you know, we didn`t know much about her. She always just seemed a little reserved and not always forthcoming. Just like there was always a person behind who she was putting on this mask and this makeup and this clothing to be.

To me, honestly, it feels like she`s starring in her own movie. She`s playing this character that she`s getting a lot of attention for it. I almost think she almost enjoys it in some capacity, which makes it even more disgusting.

VELEZ-MITCHELL: Do you think she might have planned this knowing she would be arrested in the hopes that she would become famous or infamous?

MCPHERSON: Man, I don`t know. God, I hope not, but you know, the thing is that I wouldn`t put it past her and I wouldn`t put it past her. Honestly, I don`t think she really thought that far out. Quite frankly, I don`t think that was the intention of it. I just think that she was crazy and she, you know, was obsessed with Travis, and the moment things were for sure at an end, then she was -- you know, she snapped and lost it. And now we lost a good friend.

VELEZ-MITCHELL: Did you see the obsession?

MCPHERSON: Oh, for sure. For sure, yes. I mean the conversations because I mean just three months -- three months before she killed him, my wife and I were at our company`s convention at that time, and we spent two days sitting right next to Travis and Jodi, my wife and I, when they were in the process of separating. And we had a company trip coming up about three months after that event, and that`s when I was there.

I flew in and my flight got in late and all my friends were like, have you heard from Travis? Have you seen Travis? I was like, "No, what`s going on," and then we obviously heard the news. Instantly everyone was like, "it was Jodi" because it was a ticket with a trip to Cancun for two, and he didn`t bring her. And that was, I think, a portion of -- a clear, defining moment for her that he had moved on and wasn`t going to call back.

VELEZ-MITCHELL: Wow. I think your story is fascinating, and I want to ask you something about the timing of all this. We`re going to take a short break, but what I want you to think about is she was supposed to visit Ryan Burns, and she was a day late. Do you think that maybe when she got to Travis Alexander`s, she sort of gave him an ultimatum, like an either/or. Like "Are you going to take me Cancun," and when he said no -- think about that and we`ll talk about the other side.

(BEGIN VIDEO CLIP)

KURT NURMI, DEFENSE ATTORNEY: This kind of behavior is exactly what has led to witnesses being intimidating because he is, you know, the great one, and he`s out there signing autographs.

MARTINEZ: Basically what they`re doing is wasting everybody`s time, and that`s problematic. I say it`s a waste of everybody`s time except maybe for defense counsel. Perhaps they can add a couple more pennies to their kettle that they have.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

ARIAS: You should have at least done your makeup, Jodi, gosh. (Singing)

(END VIDEO CLIP)

VELEZ-MITCHELL: As we try to get inside Jodi Arias` mind, I was reviewing the timeline, and you know that she showed up late -- about a day late to see Ryan Burns, her alibi in Utah -- the guy she canoodled with right after killing Travis Alexander.

So again, premeditation can occur in the blink of an eye. Stacey Honowitz, do you think that perhaps she went to Travis Alexander with an ultimatum like, hey, you can take me to Cancun. And then think, well, if he does that, I won`t kill him. Otherwise, why didn`t she build in the time would have taken for her to kill him and still get up to Ryan Burns in Utah without being so late?

HONOWITZ: Look, you can have a plan and the plan can go awry a little bit. But it could have worked out that way. She can premeditate to come down and kill him. Maybe she had sex with him, thinking, if I have sex with him, he`s going to change his mind and he`ll take me. And you`re right. Premeditation can happen in the blink of an eye.

So any story could be possible. The fact of the matter is we know that she went there with the intent to murder him. It`s obvious the evidence is there and it`s complete.

VELEZ-MITCHELL: Jon Leiberman, thoughts?

LEIBERMAN: Yes, I mean I agree with Stacey. The evidence is there for premeditation. I mean it appears she took the knife there. It appears she took the gun there. You have the gas cans. You have on and on and on, premeditation was certainly there. She went there to kill Travis Alexander.

VELEZ-MITCHELL: But given that she was late for her alibi, about a day late, she said she got lost, which was a lie, Danny, why doesn`t the defense exploit that? Like, I see them doing crazy things, like the eyeball, when that would make more sense, to focus on that.

CEVALLOS: Well, when you talk about an alibi defense like that or her efforts to put together an alibi defense, I think that could cut both ways. It could cut, if the defense tried to exploit that, it could also cut and look as if she put so much effort into planning an alibi, that it looks more, it looks more contrived. So maybe that`s why they`re staying away from it.

They may be going for the sensational eyeball testimony to try and dazzle the jury before they close. But I can`t really guess at why the defense hasn`t delved into that more except perhaps they view it as a double-edged sword. The more they show about the plan, the worse for Jodi Arias.

VELEZ-MITCHELL: All right. More on the other side.

(COMMERCIAL BREAK)

VELEZ-MITCHELL: It was a very rough day for Travis Alexander`s family. And they started sobbing, the two sisters. Very briefly, Jesse, you`re a friend of Travis Alexander`s, you were a friend of the victim`s. What`s it like, do you think, for these family members?

MCPHERSON: I mean I think it would probably be impossible for any of us to even experience, especially being, you know, sitting feet, you know, from, you know, the woman that killed, you know, your brother or your son. And it`s just, you know, our heart goes out to them and we just, you know, we wish there was something that we could do at this point other than, you know, making sure that justice is served.

VELEZ-MITCHELL: Thank you, Jesse, very well spoken. I thank you and appreciate your coming on.

We don`t know what`s going to happen tomorrow. We`re just going to have to see. The defense hasn`t rested yet. Nancy, next.

END 

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