Note: Jury questions are asked by the judge in the order submitted by the jury.
04/11/13
1. You said you read journal entries during time JA was with TA - did you read entries from earlier time frames? If you had read entries from earlier, do you feel it may have given you better picture of JA?
2. Did you read or view any interviews involving TA friends/family? What did you learn about TA?
3. Do you think JA could have lied to you to help her case? Could JA have exaggerated to help her case? Is it possible friends/family may have embellished in an effort to help her?
4. What did you discover about TA when looking at his emails, texts, and IMs to other women?
5. Is it common for women in abusive relationships to snap and commit violent acts against longstanding perpetrators? (ALV tried to say it was common for people to kill in this situation in self-defense, JM objected, lengthy sidebar, wanted the self-defense comment stricken from the record, which it was. Then the following question was asked by the judge: With regard to last question - can you answer last question y/n? )
6. We have heard multiple times from defense the terms survivor and victim used together - is it possible for survivor to be perpetrator?
7. We have seen/heard JA has kicked her mother/slapped her mother has been angry with her mom and even called her sister stupid. Would this characterize JA as an abuser?
8. Why would perpetrator be abusive in one relationship but not another?
9. Have you ever seen situations where victims kill their partners because they see no other way out?
10. Is it conceivable a woman could kill her partner just to get away from the abuse?
11. Have you seen relationships where abuse has escalated on both sides, where individuals are both victim/perpetrator? Is it possible TA and JA were in this type of relationship?
12. If JA slapped/kicked her mom in the past, could she be seen as a perpetrator?
13. Because of possible consequences, do you feel it possible JA could be exaggerating abuse events?
14. Could JA and TA, for example, fit somewhere around the high-conflict and abuse columns in your example, but then due to escalating events, lean more towards battering/terrorism?
15. How does it affect your assessment when you dont have the whole story from both parties?
16. In your opinion, is it possible JA could have also been perpetrator in her relationship with TA?
17. Is it possible JA could be guilty of psychological abuse of TA given we are not privy to the majority of their conversations?
18. Could any of TAs actions be considered defensive rather than abusive?
19. Can two children facing identical abuse situations end up handling those abuse situations differently as they become adults? Can you explain how/why?
20. You talk about great differences in stories between victims & perpetrators - does it concern you at all that you cant get a full & complete story from TA?
21. If a person starts a relationship with low self-esteem and does things he/she doesnt want/like to do - is partner considered abusive if those dislikes arent voiced or shared?
22. How quickly can abuse escalate from the first time two people meet?
23. Prior to Lisa Andrews & JA, do you know who TAs girlfriend was? Can you describe some details of that relationship to the best of your knowledge.
24. A lot of your testimony has been based on what JA has told you. It has been proven JA has lied multiple times since killing TA. How are you able to know everything she is saying is truthful?
25. Did you ever see any proof that TA physically abused JA?
26. Isnt it possible that JA did not write some of those incidents in her journal because they never happened?
27. According to conflict scale would JA be put in aggressive group if she kicked & slapped her mother?
28. Have any of your patients ever killed their partner?
29. Are you able to confirm whether or not JA abused TA? Would you say it was a possibility?
30. Would you classify TA/JAs relationship as love/hate relationship? How does a love/hate relationship impact the parties over time?
31. The violence level of JAs response to neutralize what she saw was a threat went way beyond what was necessary to neutralize the threat. In your experience, is this what an abuse victim would do?
32. Other than JAs word, what evidence do you have that she received the Spidey undies or the pink shirt from TA?
33. Has JA continued to write in her journal after June 4, 2008?
34. Can you provide time frame in which you evaluated JA?
35. Regarding the argument in the car between TA/JA in March 08, you stated TA slapped her across face. Is that exactly what JA told you?
36. Please state how confident you are that JA did not lie to you?
37. You described a vague connection between TAs childhood and his behavior - can you describe this connection for us?
38. In April '08 incident, you stated JA didnt fight back because she didnt want to hurt TA. Are you saying shed rather lay there and possibly die rather than fight back?
39. Just because person may appear to be controlling, does that automatically mean they are physically abusive?
40. Are you aware if any of TAs ex girlfriends besides JA have said TA was abusive to them?
41. Is it possible that the IMs between them on may 10, 08 regarding temper was a running joke between the two of them?
42. In May 26, 08 texts and IMs between TA and JA, if JA was that upset with what he was saying to her, why didnt she stop talking to him right then?
43. Other than JA, did you interview anyone else face to face?
44. Are you aware that JAs grandparents house was broken into on May 28, 08 only two days after the fight they had in IMS and texts?
45. We have heard of different females TA talked to between Dec. 07 and May 08. Wasnt it a known fact between JA and TA that he was trying to find someone he could marry?
46. You said one person has more power than the other person. Can that be because other person gives it rather than because one person commands it?
47. Have any women with whom TA had relationship, other than JA, stated TA abused them psychologically, verbally, or physically?
48. Amid all interviews with family/friends of TA or JA, did anyone mention concern or suspicion of abuse with either of them?
49. You have used the term survivor several times during testimony. Define this term.
50. Could a survivor also be a perpetrator?
51. You said there was nothing in JAs journals, etc. indicating she was jealous. Wouldnt that be consistent with her belief in the Laws of Attraction?
52. Could a female abuse, batter, or terrorize a man to the point of killing him?
53. We keep hearing him and perpetrator in conjunction with one another but couldnt perpetrator be a she?
54. How many times did you meet with JA and on what dates?
55. During testimony, you concurred many things actually happened, such as when TA was supposedly caught with photos of young boys. Arent you in fact only basing this on what JA told you?
56. You claim JA not getting med attention for her finger or other injuries is consistent of battered women because they dont want to ruin the batterers reputation or get the perpetrator in trouble. What would keep them from getting medical attention and lying about the cause?
57. You claim TAs name-calling turned into character assassination. My understanding is in order for that to occur, it has to include diminishing someones character to other people. If name-calling was just between the two of them, wouldnt this just be more intense name calling and not character assassination?
58. You testified that in completing a couples assessment, you talk to both parties to validate your concerns and opinions. In this case, you could only talk to one person. How do you determine information is truthful in order to form your decision?
59. You testified that in March when JAs phone VM box was full, TA ordered JA to empty it. How do you know he ordered her and not just asked her?
60. Considering TA and JA communicated frequently, wouldnt you say it was reasonable that he would get irritated that he couldnt leave a message for her for a week because her VM box was full?
61. You were hired for this case to look into their relationship to determine whether this was abusive, why would you not look further into TAs texts to see whether he felt he was abused by JA? Do you feel this would have been important?
62. You have many years of experience dealing with abusive men, is that correct? If so, wouldnt, by far, the majority of men youve known throughout your career be abusive?
63. Is it possible your view of men in general is skewed or biased towards being abusive?
64. Did you read all of JAs and TAs journals during time they were in their relationship, or just portions provided to you?
65. Do you believe it possible that TA said some of the negative things to JA because he was afraid of her stalking him and he wanted to distance himself from her?
66. In your opinion, did TA ever sound angry in his journals?
67. Did TA speak negatively of any of the women he was seeing (in his journals)?
68. In magazine subscriptions you sent to JA in jail, she wrote hidden messages in them intended for someone. Were those messages for you?
69. If the defendant feels she has high IQ, is it possible she would try to outsmart psychological tests?
70. JAs old friend said she was manipulative and liked to play the victim. Even though it was high school, is it possible those traits stayed with JA as she got older?
71. Have you seen any proof JA was physically abused by ta other than her finger that she claims TA broke?
72. Is there any reason we should believe JA hasnt manipulated you as she has others?
73. Why have you looked at JA multiple times during cross during JM when there were breaks and sidebars, to meet eyes with JA and give her a small, warm smile?
74. Do you have personal feelings for JA or feel sorry for her?
75. On April 9 at approx. 11:33 a.m., when discussing JA being manipulative at Purple Plum and what waitress said about JA, when JM was marking exhibit you gave a half smile to JA and shrugged your shoulders. Why do you keep doing this?
76. Considering lies JA told after killing TA, why would you believe the things she told you happened before the killing?
77. Hypothetically, if you were to discover that JA had actually exaggerated rather than understated the physical events she told you about, do you think it is possible youd need to revise your opinion on the severity of the degree of abuse in the relationship?
78. During a verbal discussion, facial expressions and body language can be seen, tone & inflection can be heard. In an interview, clarifying statements can be made and clarifying questions can be asked. Do you agree? When assessing this case, to which did you give more weight - written or verbal communications?
79. Do you feel that being unable to interview TA gives JA an unfair advantage in telling their shared story of abuse?
80. Are you aware of phone conversations that were made either before/during/after series of texts/IMs/emails that you reviewed? Did you ask JA if phone calls were ever part of those exchanges?
81. Of the 18 forensic cases, how many of the 18 were cases where male was victim of abuse and not perpetrator?
82. You testified that when conducting a couples assessment, family of origin of both parties is pursued. You pursued TAs family of origin in assessing him as a perpetrator. Why not assess JAs family for abuse as a perpetrator also rather than just as a victim?
04/12/13
83. Explain why you feel JA isnt manipulative, before/after killing, based on statements/interviews.
84. On one side, we have demeaning slurs, slaps, shoves, chokehold, lunge on JA - on other, gunshot to head, slit throat, close to 30 stab wounds to TA. Isnt the perpetrator of the greatest DV JA? (ALV wanted to say self-defense, objection by JM sustained. ALV answered simply, No.)
85. Hypothetical given by JM about being possible TA was the one who told JA he wanted her to leave. If true, isnt it likely TA never hit JA that day?
86. When JA went to confront Bianca about being with Matt McCartney, cant this be seen as JA being jealous?
87. JA went through TA emails, texts, MySpace. Did you take that into consideration when making assessment?
88. You bought JA books, apologized to her, ordered her magazines. Did you do anything else to establish a relationship with her? Have you given her anything else? Have you ever had physical contact with her - hugs, friendly touching, etc.?
89. How do you know JA received Spidey undies on Valentines Day? Did you see them, pics of them, or anything else?
90. How many men have you testified for in criminal court?
91. If youd been given access to everything except interviews with JA, how would your opinion have varied, or would it have varied? Would you have adjusted your belief in level of abuse (if you had access to everything except interviews with JA)?
92. Other than what JA has told you, what other sources did you see evidence of physical abuse by TA?
93. Would your analysis of this relationship change if, hypothetically, you found out the stories of abuse and TAs child porno pic activities, were made up?
94. Regarding non-verbal communication, do you think you can read through string of emails, texts, IMs between two people, and know what non-verbal communication is?
95. How do you know tone, meaning, inside jokes if you cant get both sides of story?
96. Other sources said JA wasnt manipulative, you said - who are these other sources?
97. When interviewing JA, you said you didnt ask leading questions. If someone asks a simple question that requires a y/n response, would you consider that a leading question?
98. You say TA gives no indication of being stalked, being fearful , maintains contact with JA of his own accord. How do you explain JAs behavior of maintaining contact with TA of her own accord?
99. Do you consider someone who says no jury will ever convict me someone with low self-esteem?
100. How can you say JA and TAs relationship was domestic abuse when theres no proof other than whats on paper and JAs word?
101. Do you handle cases where female is abuser?
102. Did TA discuss abuse of JA or any other women in his journals?
103. In all of evidence you reviewed, was there any indication of TA claiming stalking by anyone other than JA?
104. Of times youve testified before, how many times were in defense of men?
105. What is the manifesto you referred to during your testimony?
106. Is there a type of stalking, or what is considered stalking, that someone is comfy in person or talking, but afraid of what the other person is capable of doing when theyre not around?
107. When speaking of blackmail and threatening behavior, are you aware JA threatened TA by saying shed tell everyone he was a pedophile. Does that mean anything to you?
108. You said it would be beneficial for JA to write things she was lying about in her journal, to buck up her story. How would it have helped her?
109. Regarding text message from TA to JA where hes upset about her BS story from Michelle K or Elaina, what exactly was the BS story JA told TA? Where did you get this info? You said TA was one lying in message - how do you know this for sure?
110. How can you know JAs BS story wasnt a lie - not the subject, the actual story itself?
111. You seem to believe when argument began between them prior to Havasupi trip when he followed her up the stairs that he wanted to argue. How do you know he didnt want to calm her down and wasnt embarrassed by her behavior in front of the Freemans?
112. Explain how JA can remember abuse incidents so vividly but doesnt write even a reference to them in her journal?
113. You testified writings couldve supported JAs statements is it possible incidents of abuse were reported by JA as a secondary gain for her benefit?
114. Do have proof, other than JAs word that TA made her tear out pages and write only positive things?
115. Who from JAs past did you interview that you were able to rule out JAs behavior being a pattern?
116. You said at the start of testimony you like to meet with each person before analyzing a relationship. Weve heard JAs side, can you tell us TAs side?
117. You said stalking could fall under abuse/battering columns - if so, why is stalking excluded from those columns (on continuum)?
118. Is your continuum incomplete? Why not list all appropriate points for appropriate columns?
119. You said youve chosen not to take cases in past because you didnt believe the person. Did you take this case because you believe JA? If you didnt believe her, would you turn down. If you start out believing, doesnt that by default, set up prejudices towards their partner?
120. You said regarding anger, its more common for someone to have a burst of anger than calm down. Is it possible with TAs rants that this is the case since theyre being viewed in text form?
121. Explain by what you mean by burst of anger. Could 10-20 minute rant be a burst?
122. If a couple has fight that takes all day to end, can they still be in healthy relationship? Would that type of argument indicate abuse?
123. Is it possible for two people to abuse each other?
124. Dont you believe ta making comments about 12 year old girl while having phone sex with JA is different than TA allegedly pleasing himself to photos of young boys?
125. Would you characterize your knowledge of June 4, 08 as light or incomplete? Are you confused on any of details of that afternoon?
126. Do you think its deceptive for a person to not share the most private details of their life, like sex life with friends/family, or would you consider it normal to keep those things private? If normal, why did TAs attempts to keep those things private deceptive?
127. Did you see evidence JA was openly sharing all her most private sex details with her friends/family? Would you consider that deceptive?
128. You said JAs lies started after she killed TA - how do you know this?
129. Do you think JA was subjected to sexual degradation at hands of TA?
130. You said you saw no signs of TA feeling/experiencing sexual degradation at JAs hands, noting his desire to see her in California, the sex tape, and his comments in texts, etc. Couldnt that same comment be made about JA given her desire to see TA, her texts, etc.
131. If you were to only consider written conversations/journals, excluding your interview with JA, did you see abuse? Explain. What level or degree of abuse?
132. Considering only written conversations and journals, can you say you saw an escalation?
133. You said TA was in a 7 year relationship with Deanna. Did anyone interview her to see if she was victim or survivor, do you know? Did you interview her?
134. You keep saying JA doesnt match your definition of manipulative. Is it possible your definition differs from others? Is it possible your definition is wrong?
135. Yesterday, you were asked about JA being an abuser to her mother, and you said it was normal teen behavior. Do you honestly believe hitting/kicking your parents is normal behavior at any age?
136. Was JAs story from Oct. 11 to Nov. 11 consistent with the story as we know it today?
To the best of my abilities, these are the questions as asked, allowing for human error.
