Martinez’s Closing: Convict Jodi Arias of 1st Degree Murder

courtesy of ABC News

Click HERE to listen to my discussion of Juan Martinez’s ace closing argument on The Levi Page Show and read my analysis below.

Juan Martinez’s closing argument in the Jodi Arias trial was filled with unforgettable moments & images for jurors just before they head into deliberation, four long months after the trial began. He flashed gruesome autopsy photos throughout, ending on a picture of Travis Alexander’s back with brutal stab wounds. He mocked Jodi’s incessant lies, telling jurors “a horde of skateboarders that carry screwdrivers will remove your plates at Starbucks,” referencing one of her more bizarre excuses. He peppered his speech with memorable quotes, telling jurors the truest words spoken in this case are the ones from Travis, “You are the worst thing that has ever happened to me.”

And he sure had some choice words for defense experts Alyce LaViolette & Richard Samuels, telling jurors, “anything Alyce said is contaminated” and reminding them of Samuels infamous gaffe, “I suppose I should have re-administered the [PTSD] test.” Martinez provided jurors with a lot of fodder before jurors decide on Arias’ fate. Yet the most important function of his closing was to drive home the point that Arias must be convicted of 1st degree murder, putting her on the path to a possible death sentence, and he delivered.

There are two paths to a first-degree murder conviction: finding her guilty of premeditated murder, for planning Travis’ killing and carrying out her plan or finding her guilty of felony murder, for causing his death during the course of committing a dangerous felony such as burglary or aggravated assault. Martinez emphasized both routes during his closing argument. Referencing Jodi’s claim that she grabbed the gun that she used to shoot Travis from his closet, Martinez said, “if she took his gun that’s a burglary and if she then killed him with it that is premeditated murder.” That single sentence is the key to a conviction. If jurors believe she took the gun from Travis’ closet, shot him and then threw the gun away somewhere in the desert, they could use that as a basis for felony murder. Such a felony murder theory is more of a stretch since they’ll first have to find her guilty of the underlying felony of burglary, with the more direct route being premeditation, but it can’t hurt Martinez to try to cover all his bases.

More importantly, he gave jurors multiple examples of how Jodi planned to kill Travis, carried out that plan and then tried to cover up the killing, further proving she had planned it all along. Martinez told jurors Jodi was “meticulous” in her planning, renting a white car instead of a red one because red ones get pulled over more often, lying to the rental car salesmen & telling him that she was using the car just to drive around town, getting gas cans and filling up out of state, all signs that she planned to kill Travis and cover up the tracks that she was ever in Arizona. He reminded jurors of the oddity of the alleged break-in at her grandparents home just before the killing, where “for some reason” all that was stolen was a .25 caliber gun, the same type of gun used to kill Travis. He told jurors the Travis didn’t have a gun, and “if he didn’t have a gun she brought it,” emphasizing that she likely stole her grandparents’ gun in anticipation of carrying out her plan to kill Travis.

Moving onto the killing itself, Martinez emphasized to jurors that this was a “well orchestrated” killing, according to plan. He focused on the fact that Jodi staged the scene of the murder just like she staged her defense & then she tried to clean it up, another indication of premeditation. She dragged his body down the hallway, washed his DNA off her body, deleted only certain photos off the camera and tossed it in the washing machine, cleaned the knife off in the dishwasher & tossed the gun in the desert. He also told jurors the fact that Jodi left voicemails for Travis & told Leslie Udy that she hoped her future children and Travis’ future children would play together after she knew he was dead were more indications of her plan to stage and cover up the murder.

In his closing argument, Martinez provided jurors with all the tools necessary to convict Jodi Arias of first-degree murder, and seeing how jurors paid close attention to his every word, I’m sure they’ll follow through. Click HERE to listen to my analysis of Martinez’s closing argument on the Levi Page Show.

Mari Fagel on HuffPost Live: Jodi Arias Verdict Predictions

Screen shot 2013-05-01 at 12.19.22 PM

Click HERE to watch Mari Fagel discuss the latest in the Jodi Arias trial on Huffington Post Live. Mari joined host Ricky Camilleri to share her thoughts on why the public is so fascinated with the trial, how prosecutor Juan Martinez and defense attorney Kirk Nurmi have done so far, and what they’ll need to focus on in closing arguments to sway the jury ahead of deliberations. After four long months the trial is finally coming to a close and the big question is will Jodi be convicted and will she be sentenced to death. Mari shares her predictions that Jodi will indeed be convicted, likely of 1st degree murder, but that putting her on the stand for 18 days may just have spared her life. Click HERE to watch and join Mari next week for an all-new CrimeLine as we wait for a verdict.

Wild About Trial Jodi Arias Spreecast: Analyzing The Rebuttal

Screen shot 2013-04-23 at 9.53.35 PM

Click HERE to watch the latest Wild About Trial Spreecast, where Jon Leiberman and I discuss Juan Martinez’s rebuttal & Kirk Nurmi’s latest motions requesting a surrebuttal and a mitigation to manslaughter jury instruction. Jon and I take viewer questions and share our thoughts on rebuttal witnesses, including Travis Alexander’s ex-girlfriend Deanna Reid and friend Jacob Mefford. Click HERE to watch and be sure to join us weekly on Spreecast for the latest in the murder trial.

Juan Martinez’s Rapid Fire Rebuttal: Debunking Jodi’s Lies

UnknownThroughout the seemingly never ending Jodi Arias trial, prosecutor Juan Martinez has done an ace job of consistently trying to prove Arias is lying about her claim that she killed Travis Alexander in self-defense. With his original witnesses and then heated cross examinations with Arias herself & a round of defense experts, Martinez has been planting the seeds of skepticism in the mind’s of jurors. It’s clear jurors took the bait in their hundreds of submitted questions doubting claims that Jodi suffers from PTSD, battered woman syndrome and that Travis was an abusive pedophile. As the case finally comes to a close, Martinez is performing a hell of a grand finale with a range of rebuttal witnesses yet again debunking Jodi’s litany of lies.

First, Martinez called psychologist Janeen DeMarte, who went on to discredit both defense experts Dr. Richard Samuels and psychotherapist Alyce LaViolette. DeMarte told jurors the fact that LaViolette spent more than 40 hours interviewing Arias led to a defective diagnosis because the time ends up becoming therapeutic, skewing LaViolette’s findings that Arias suffered from domestic abuse and battered woman syndrome. She also told jurors evaluators should not give gifts to their clients, as Samuels had, because it alters the relationship and leads to a defective diagnosis, doubting his claim that Arias suffers from post-traumatic stress disorder.

Then on Tuesday came a lightning round of rebuttal witnesses, taking the stand at a fast pace in marked contrast from the lengthy testimonies jurors are used to seeing in this trial. Martinez spent part of the day focusing on the gas cans Jodi purchased to allegedly try to cover up any sign that she had been in Mesa visiting Travis, which is key to proving the killing was premeditated and deserving of a 1st degree murder conviction. Tesoro gas employee Chelsea Young testified that Arias made three gas purchases at a gas station in Salt Lake City all in the same day; two days before she killed Travis. Walmart employee Amanda Webb testified that she reviewed all of the records from the Wal-Mart store in Salinas, California, on June 3, 2008 and that no one returned a five-gallon gas can on that day, in direct contrast from Arias’ claim that she had returned a third gas can before she even visited Travis.

Martinez also focused on what Travis was like as a boyfriend, trying to disprove Arias’ claims that he was an abusive pedophile. Jacob Mefford, a friend of Travis’ and co-worker at PrePaid Legal testified that at two different PPL events he saw Travis being affectionate with Jodi & acting “like a couple.” Such a statement stands to discredit Jodi’s claims that Travis tried to hide their relationship and act like they were not a couple in public. Mesa Police Dept. Computer Forensic Unit officer Michael Melendez testified that he searched every single file he could open on Travis’ computer and never found any images of children. He also said he went through the internet search history and found basic usage with no access to adult sites of any sort. Such testimony is strong evidence that Jodi is lying about claims that Travis had a sexual fascination for little boys, making her dress up in Spiderman underwear and masturbating to photos of little boys.

Martinez’s most important rebuttal witness was Travis’ ex-girlfriend Deanna Reid, who testified that in their entire relationship, he never raised his voice at her, yelled at her or became physically violent with her. Such testimony is key to discrediting Jodi’s claims that Travis was abusive throughout their relationship and, most importantly, that he threatened her life on the day he died. Reid also testified that she never saw photos of little boys in her relationship with Travis. Reid will be essential when jurors gauge whether to believe Arias’ claims that Travis abused her because such a description stands in stark contrast from the calm & caring man Reid portrayed him as. While defense attorney Kirk Nurmi tried to remind jurors that Travis was a different boyfriend with Jodi, asking Deanna if he ever made her dress in maid’s costumes or ever sent her dirty texts like he had with Jodi, I think the strategy backfired. Jurors are getting sick of the defense’s attempts to try to villainize the victim.

The defense is clearly feeling the heat as the trial nears deliberation, filing two last minute motions to try to save their case. Nurmi filed a motion asking the judge to grant a surrebuttal, claiming the fact that DeMarte said Arias suffered from borderline personality disorder was “new” evidence that deserves a rebuttal witness psychologist. The judge may grant it just to ensure the defense has no option to claim it was an error on appeal. Yet, such a rebuttal is unlikely to change jurors minds and will just lead to another bulldog cross-examination by Juan Martinez. Nurmi also filed a motion to have the jury instructions include a mitigation to manslaughter “in the heat of passion,” but such a last-ditch effort is unlikely to be successful.

As the case nears deliberations, I’m looking forward to seeing Juan Martinez’s closing argument because if his performance thus far is any indication, it’s sure to be quite the show in his final attempt at getting justice for Travis Alexander.

Watch The CrimeLine: Unsolved 2008 Murder of Cliff Hibbert

clifton-hibbart-jrClick HERE to watch the latest webisode of The CrimeLine, where Jon Leiberman and I interview the mother and sister of Cliff Hibbert, a 22-year-old gunned down five years ago. Hibbert and friend Kenneth Patterson were each found shot in the head on the 4200 block of Figueroa street in South Los Angeles. They had gotten out of their friends BMW as the driver and another passenger went to park. When they returned after parking, they found both dead on the street. The four friends had been carpooling to a party in Northridge.

Hibbert went to Santa Monica High School and was on scholarship at Cal State Northridge. An aspiring attorney, he was just weeks shy of graduation. Five years later and there are still no leads in the case. Police have said they could’ve been victims of a robbery-related homicide, especially in a neighborhood dominated by drug and gang related violence.

Click HERE to watch Hibbert’s family describe what Cliff was like and what you can do to help solve the murder and bring a sense of justice and closure to the family.

Follow

Get every new post delivered to your Inbox.

Join 2,609 other followers