We have seen some forward movement in the Jodi Arias Penalty Phase as the state has rested their case but not so fast….the defense asked for a surrebuttal and got it. So just when we thought this retrial was winding down it’s actually kicking back up for the defense to get one more shot at sparing Jodi Arias the death penalty.
As a result, we will see some familiar faces that will be back on the stand starting tomorrow with Bob Geffner, a licensed clinician (psychologist and marriage therapist.) Geffner will be flying back to Arizona at close to $300 an hour to testify once again. Geffner will rebut what Dr. Janeen DeMarte told the jury and he will likely say Jodi has PTSD according to his experience along with a domestic violent relationship with Travis Alexander. With Kirk Nurmi calling Janeen DeMarte Dr. Death for the State, I think Bob Geffner has earned his Dr. Giggles for the Defense. His awkward demeanor on the stand of laughing at himself at inappropriate times comes across strange, but Geffner as a whole was a good expert for the defense. He was mild mannered and offered a lot of information on Jodi Arias’ background, her journals and even seemed to assess Travis Alexander..even though he said he wasn’t. Dr. DeMarte did a great job rebutting his testimony with the fact Geffner held Jodi’s hand throughout most of the testing. Geffner seemed to guide Jodi on what her trauma’s were by writing them down on the test for her. This showed maybe Geffner himself was manipulated by the master, Jodi Arias. The fact Jodi has sat through a guilt phase trial with numerous experts telling her all the details of testing, all the diagnosis’s and opinions rendered, Jodi’s note taking may have come in quite handy for round two.
In addition to Geffner we have another expert who will take the stand. Psychologist, Miccio-Fonseca, claimed Travis “closeted” Jodi Arias, used her for his own sexual gratification, and in turn Jodi “suffered in silence.” The heated cross examination between Juan Martinez and Fonseca was something the jury is sure to remember. Fonseca called Juan Martinez “slimy,” refused to answer most of his questions, and constantly said he was “mischaracterizing” what she had to say. Fonseca had a very sarcastic and argumentative tone that according to dismissed Juror #3 was a major turn off. Juror #3 discussed in an interview with Trial Talk Live Fonseca’s refusal to answer the State’s questions made her look less creditable, and her opinions about Jodi and Travis felt outdated. Fonseca told the jury the late night texting and phone calls Travis had with Jodi was manipulative and controlling behavior that made Arias feel “closeted.” Jodi felt Travis only wanted to speak to her after hours according to Fonseca, further damaging Jodi’s self esteem. This was all rebutted by the state when Juan pointed out friends of Travis said Jodi’s late night waitress jobs made it very difficult for her to talk during the day. Jodi herself admits this to Abe Abdelhadi in an email she allegedly sent him. In the email she writes she has trouble reaching Abe by phone, “Probably because I’ve been calling at ridiculous hours of the night after I’m off work.” One more inconsistency I’m sure Juan Martinez will have a field day with on cross.
As well as Fonseca, another expert to take the witness box will be pseudonym, John Smith, a computer hacker turned data specialist. The young John Smith testified porn and viruses were found on Travis Alexander’s computer and if given more time he was sure he could find more. If you remember John Smith suggested that Travis Alexander’s laptop was turned on at the Mesa Police Department around 11pm at night after defense had first looked at it in 2009. The defense was alleging major police misconduct that may have involved erasing of files and looking up sites such as “Siamese Twins” during this late night viewing. Juan Martinez rebutted all of this very well showing the operating system wasn’t even on when this alleged viewing happened and the time was way off. Juan had his forensic computer experts testify it was last turned on at 4pm that day and not turned on at 11pm as alleged. The software that defense expert John Smith was using called Autopsy had flaws, and two State computer experts agreed with this. Not only did State experts agree, but Juan Martinez called the defenses own expert from the first trial Lonnie Dworkin. Lonnie testified the 11pm time wasn’t correct and he doesn’t use the software, Autopsy, in his line of work. We will see what else John Smith has pulled out of that aircraft carrier of porn his associate Bryan Numeister suggests was there. For now we see clearly this aircraft carrier worth of porn has since turned out to be one link that Travis Alexander clicked on….in other words that plane crashed and burned.
Coming back for yet another repeat performance is computer expert, Lonnie Dworkin. Lonnie actually seems like a nice guy. He comes across well to the jury with his nerdy ties and jolly demeanor. Lonnie testified for the defense during the guilt phase of the trial and he also stated he didn’t find any porn or viruses on Travis’s hard drive. One thing he did say of importance as Juan’s witness was that Encase software has improved a lot since 2009 and what they couldn’t find then they have been able to find now. While most have been virus related porn in the registry Lonnie did find a handful of nude pictures of women on Travis’s hard drive just as the state’s expert did. These are pretty tame pictures in porn world with women standing nude, one showing her behind, and one with a penis in her mouth. Some thumbnails of videos were on the hard drive that were pornographic in nature but in no way showed or suggested we have a sexual deviant in Travis Alexander. With this evidence presented on the porn it just didn’t rise to the level of someone with a massive problem. It’s minimal and while the other side claims things could have been deleted…well that’s just a claim and where’s the proof? Claims don’t hold much weight in a trial, and the “what if’s” or “could have’s” are weak at best.
In the end I’m sure the jury has had their fill of all of the porn talk, but the defenses strategy to distract from the convicted murderer that sits beside them has definitely worked. This has become a trial of dragging the victim through the mud at every turn. Jodi Arias sits in her seat smiling at her spectators and even some jurors as they walk in at times. The fact her life is on the line doesn’t seem to show on the outside, Jodi sheds no tears and still enjoys the public’s attention. Her supporters are feeling the squeeze as this trial comes to a close here in the next few weeks. Their hopes of seeing Jodi walk right out the courtroom doors a free woman will not be realized. While a death penalty verdict will be a win for the state and the Alexander family, a life without a chance of getting released would satisfy the public as well. Juan Martinez has really done all he can to counter what the defense has brought forth. If history repeats itself he will wrap this up with clarity and bring the victim back into that courtroom for the justice Travis deserves.
Being that millions of dollars have been spent on this trial I think Jodi Arias has been given every shot a defendant could ask for. While her team and supporters feel she will be vindicated on an appeal I see it as a long shot. The Supreme Court wouldn’t even give her the time of day to review her pleas of why she can’t testify in a public setting. So this leaves us with one more question…will Jodi Arias allocute in front of this jury? With her claims of not being able to testify in front of a public of her peers will she be able to beg for her life, tell us of all her charitable works, explain to the jury her plans to make prison a better place now that she’s in it? I bet she will, this is Jodi Arias after all. In my opinion Jodi should have finished testifying and let this jury hear her out, it seemed to work the first time. The fact she got up there for 2 days and then nothing looks like yet another manipulation on her part and one the jury may pick up on. These coming weeks will be interesting to see how this trial finally wraps up once and for all. Closing arguments are expected around the 25th or 26th of February and then we will be on a verdict watch that will keep us on pins and needles. Until tomorrow! The Trial Diaries-
Pictures supplied by the Az Republic