Monday starts a new week…..shall we dare say a full week of the Jodi Arias Penalty Phase, at least one can hope. We are scheduled to have 4 full days and if no interruptions maybe some much needed progress. The defense will have a new witness on the stand and it doesn’t seem to be any of the 3 that have issues with testifying since that hasn’t been ruled on as far as we know. We could possibly be in for another expert or someone that is willing to speak up for Jodi without trying to manipulate the system which seems to be a tactic the defense is using. Will her mom testify? Dad? Sister? It amazed me in the first trial they didn’t, this is mitigation after all and a jury would like to hear from them I’m sure. It doesn’t look like Jodi Arias will be back on the stand anytime soon as Kirk Nurmi stated he wants to see the opinion from the Court of Appeals on their earlier ruling that Jodi wasn’t going to get special privileges of testifying in secret. After he sees the opinion which can come any day he may take this issue to the Supreme Court. Judge Stephens stated she wouldn’t be holding up trial for this but we did end up having no jury for almost a week. The pace of this phase which typically can take days to weeks has been stretched out for months with no end in sight. Issue after issue is plaguing this retrial such as a hearing that went on for weeks over a motion filed by defense wanting the whole case thrown out or death penalty tossed for prosecutorial misconduct. In a mini trial on porn and who turned on and off Travis Alexander’s laptop first, it definitely had more fireworks and heated moments then the actual penalty phase itself.
With a ruling that the trial world is waiting on from Judge Stephens to see if she denies this latest request from the defense or grants it has us all on pins and needles. I, for one, don’t think the defense has proved their case, and with Juan Martinez’s computer expert taking the stand and blowing a hole in what may have happened to those missing files it just doesn’t prove beyond a reasonable doubt the prosecution or police were involved in misconduct. Could things have been handled differently in hindsight? Yes. Did the State delete 70,000 files and modify 9,000? Just don’t know. From the looks of an incinerator program that wound up on the hard drive in question that’s main function is to destroy files, and ends up in the recycle bin during the time the defense was examining the evidence makes their case shaky. The defense’s main focus goes back to when they first examined Travis’s hard drive and how the police and prosecutor let them turn the computer on without a write blocker or a computer forensics’ tech standing by. The State explains they weren’t going to hinder the defense from examining the evidence and they themselves didn’t turn on the laptop. While a game of ping pong was played and witnesses such as Jodi’s ex counsel took the stand it just wasn’t proved that there was any prosecutorial misconduct to the point this case needs dismissed. The deleted files the defense wants Judge Stephens to speculate on were porn files if you ask them. Have they proved that? No. We don’t know what the deleted files were or whose fault it was it happened. We also have conflicting reports on the porn found by defense after all these years on Travis’s hard drive. What once didn’t exist is now being called an enormous amount of porn, teen, tween and adult. The defense said child porn links existed on the hard drive but quickly backtracked saying Travis may not have manually looked for any of this porn it may have had to do with a virus but Kirk Nurmi was sure to put it out there over and over again. Juan’s expert testified to the fact that these porn files were found in the registry of the hard drive which is what virus protection software tends to do, not the user. The expert did say one porn site was found in the history of the hard drive but it didn’t look like it was manually typed in either by the looks of the link and further analysis was still being done. Judge Stephens has a lot on her plate, and some very important decisions to be made that could once again turn this trial upside down or keep this train moving forward. With a jury that has been jacked around now for most of the month of December, and a trial that will now go longer than they were originally told, all we can hope for is progress. While Kirk Nurmi fights for Jodi’s life, Juan Martinez goes to combat for Travis Alexander as he is the victim’s voice that sometimes ends up having to fight a harder war. With all the deflection of porn or no porn on Travis’s computer if it comes in front of a jury I’m not sure it will sway the 12 people when they are making a decision of life or death. To me it comes down to premeditation and what happened in that bathroom on June 4th, 2008. A murder Jodi Arias was convicted of and medical examiner photo’s that speak volumes, 2 simple pieces that make all of the defenses red herrings just that. But, the case isn’t over, and we still have lots of ground to cover and lots of testimony to listen too. This jury needs to regroup and they need to have some court time that goes longer than 1 or 2 days a week to make this fair. For Jodi it’s all about being fair but what’s been happening with these delay’s hasn’t been fair for the jury with a decision of this magnitude. The start and stop nature makes me feel bad for all involved. So many lives have been on hold, and it’s no secret that justice is an unfair beast especially when the system can be manipulated, but enough is enough. Cross your fingers for a full week ahead as we go into the holiday season with a little uncertainty on when this trial will conclude. See you all at the courthouse, The Trial Diaries.
PS…I’m awaiting a special little gift that’s going to be born any day now in my family so hopefully she holds off until we break but if not you will find me clicking my heels down the hospital halls to see her sweet face. I will keep you posted
Pics-The Arizona Republic