Jodi Arias Trial Part 6, starting with JM Rebuttal April 16

[Brit17]

@VinniePolitan: #JodiAriass wants jury to have the option of "Manslaughter by Sudden Quarrel or Heat of Passion"...papers just filed.

Ugh, oh hell no!

ITA ... HECK TO THE NO!!! ... So now JA is claiming a "sudden quarrel" or "heat of passion" occurred?! ... What happened, did JA's fog suddenly lift?! ... She testified it was "self defense" so is she saying now that the "sudden quarrel" was caused because she dropped the camera? ... Well even if I let that one slide , "heat of passion" means to me that she had intense feelings (i.e. intense emotions, jealousy, etc.) about something (i.e. breaking up, another woman, etc.) that caused her to lose control ... and I can't imagine getting "chased" by a naked man would be something that would make someone "lose control" ... (well maybe it could make someone, but I don't think JA )

And what about her PTSD and Battered Woman Syndrome defense? ... What is she planning to do with those now ...

Ugh ... I bet this is going to end up in a hung jury ... or she is going to get away with a manslaughter conviction ...

 

[klj27]

It doesn't matter what instructions the jury is given as long as the prosecution proves premeditation, which I believe will happen. If there is premeditation,battered women, post traumatic stress, and heat of passion won't matter.

 

[Brit17]

Just on HLN, defense requests surrebuttal, adding heat of passion.

We now change the defense from self defense to a heat of passion. So what new evidence does Juan have for them to change that? That is the only way they can ask for surrebuttal if new evidence comes into play.

I am confused ...

12.8 REBUTTAL AND SURREBUTTAL

At the end of the defense case, the prosecution or plaintiff is given the opportunity to present evidence in rebuttal. Whether to allow this evidence is in the trial judge's discretion. Rebuttal evidence is evidence that tends to explain, refute, counteract, or disprove evidence introduced in the defendant's case-in-chief. A prosecutor or plaintiff may not go into new matters that don't contradict the evidence or inferences raised by the defense, nor simply repeat evidence presented in the case-in-chief.

At the end of rebuttal, the defense may be allowed surrebuttal. Surrebuttal evidence is limited to responding to issues that were raised for the first time in the rebuttal case. It is not an opportunity for the defense to present their whole case again, or to open up the door to new issues. It is reversible error for the trial judge to prevent a defendant from introducing surrebuttal evidence to meet new matters raised by the rebuttal evidence presented by the plaintiff or prosecutor

So, as usnuzuloose said, what new issue was raised in the rebuttal case? ... Only Dr. D has testified so far ...

Is the DT team admitting the JA was erroneously diagnosed by Sammy and Violet with having PTSD and Battered Woman Syndrome and JA really has Borderline Personality Disorder as diagnosed by Dr. D which caused JA to lose control in a heat of passion? ... Ugh ... See, by the Judge allowing the DT to have too many days off from the trial, this is what happens ... the DT runs amuck with motions ...

 

[usnuzuloose]

I am waiting to see what Juan has new before I get caught up in what this jury will do. How do you go from self defense to a heat of passion? I am sure it all has something to with the new evidence. Jury won't buy another story.

 

[Brit17]

It doesn't matter what instructions the jury is given as long as the prosecution proves premeditation, which I believe will happen. If there is premeditation,battered women, post traumatic stress, and heat of passion won't matter.

I get concerned when the jury has too many options to choose from, KWIM? ... i.e. first degree, second degree, manslaughter, self defense, heat of passion, sudden quarrel, etc. ... As we all know, it's tough to get 12 individuals to agree unanimously, especially when there are multiple choices to consider/think about and choose from ... I strongly believe the prosecution has proven their case of 1st degree, premeditation, but I can only hope the 12 people on that jury believe it too, because they are the only ones that matter ...

 

[2DisPrincesses]

I am waiting to see what Juan has new before I get caught up in what this jury will do. How do you go from self defense to a heat of passion? I am sure it all has something to with the new evidence. Jury won't buy another story.

I'm going to miss the first two hours tomorrow. I can't wait to see what JM has on her! It must be good if the defense is changing their story this late in the game!

 

[2DisPrincesses]

So what would the provocation be? TA supposedly body-slamming her??? I don't see how him threatening her AFTER she shot him could be it!?!

 

[Brit17]

It seems to me the DT is grasping at straws, but it only takes one juror to believe them ...

 

[horseshowmom]

So now JA is claiming a "sudden quarrel" or "heat of passion" occurred?! ... What happened, did JA's fog suddenly lift?! ...

"heat of passion" means to me that she had intense feelings (i.e. intense emotions, jealousy, etc.) about something (i.e. breaking up, another woman, etc.) that caused her to lose control

And what about her PTSD and Battered Woman Syndrome defense? ... What is she planning to do with those now ... (

Pretty much what I was wondering...

 

[dogzrule]

I get concerned when the jury has too many options to choose from, KWIM? ... i.e. first degree, second degree, manslaughter, self defense, heat of passion, sudden quarrel, etc. ... As we all know, it's tough to get 12 individuals to agree unanimously, especially when there are multiple choices to consider/think about and choose from ... I strongly believe the prosecution has proven their case of 1st degree, premeditation, but I can only hope the 12 people on that jury believe it too, because they are the only ones that matter ...

I agree with the concern over having too many choices. But in this case, I find it hard to believe that a rational human being isn't going to see this as yet another "story" that Jodi is presenting as fact when it's fiction.

 

[bas71873]

Have to wonder if the DT has asked/offered plea agreements and Juan just isn't accepting anything less than the DP. Which, could ultimately come back to bite him. While I believe that she should get the DP, her actions were horrific and I believe premeditated, I would think if the DT offered a plea of LWOP, Juan should take it. Why take chances with what the jury may do (or what he hopes they will do). But, that's just my opinion.

 

[usnuzuloose]

Have to wonder if the DT has asked/offered plea agreements and Juan just isn't accepting anything less than the DP. Which, could ultimately come back to bite him. While I believe that she should get the DP, her actions were horrific and I believe premeditated, I would think if the DT offered a plea of LWOP, Juan should take it. Why take chances with what the jury may do (or what he hopes they will do). But, that's just my opinion.

This is another option for the jury to consider. I don't believe she is going to walk.

 

[Brit17]

I agree with the concern over having too many choices. But in this case, I find it hard to believe that a rational human being isn't going to see this as yet another "story" that Jodi is presenting as fact when it's fiction.

I find it hard to believe to ... however, remember OJ's and CA's jurors bought their stories ... how or why they did, I haven't a clue ...

 

[horseshowmom]

I agree with the concern over having too many choices. But in this case, I find it hard to believe that a rational human being isn't going to see this as yet another "story" that Jodi is presenting as fact when it's fiction.

I hope so too.

Have to wonder if the DT has asked/offered plea agreements and Juan just isn't accepting anything less than the DP. Which, could ultimately come back to bite him. While I believe that she should get the DP, her actions were horrific and I believe premeditated, I would think if the DT offered a plea of LWOP, Juan should take it. Why take chances with what the jury may do (or what he hopes they will do). But, that's just my opinion.

I agree. If they agreed to LWOP, I would go with that (even though I do think she deserves the DP).

 

[Brit17]

Have to wonder if the DT has asked/offered plea agreements and Juan just isn't accepting anything less than the DP. Which, could ultimately come back to bite him. While I believe that she should get the DP, her actions were horrific and I believe premeditated, I would think if the DT offered a plea of LWOP, Juan should take it. Why take chances with what the jury may do (or what he hopes they will do). But, that's just my opinion.

The DT had offered a plea deal in the past for Manslaughter and JM refused it ... and I'm sure the DT has continued to ask for a Manslaughter plea deal but I don't see the DT ever asking for LWOP ... but I could be wrong, maybe they will ... but I don't think the Alexander family would ever give their OK for a LWOP deal ... They have said that they want the DP ...

 

[usnuzuloose]

Jodi was the one that asked for murder 2, and if she could not get that she would trash Travis. Which is blackmail.

 

[dogzrule]

I find it hard to believe to ... however, remember OJ's and CA's jurors bought their stories ... how or why they did, I haven't a clue ...

The difference for me in this case, though, is that those two defendants hadn't admitted to the killing(s). For all her stupid stories, Jodi has admitted to being the killer. That's how, as a rational human being, I would find it difficult to believe any more "stories" that she offered up in her defense.

 

[Luv'sTink]

To me, the DT is saying we screwed up our case and want a do over!

Someone asked about the DT being able to do this and I replied; No they couldn't because the trail would never end..To that person obviously I was wrong. I can't believe they can do that or even ask for it. and I am beginning to think it will never be over!!

Can this trail get any more crazy?!?!?!

 

[MaryAnnDVC]

Jodi was the one that asked for murder 2, and if she could not get that she would trash Travis. Which is blackmail.

This.

If you look in the first post on this thread, there is a link to Jodi's request for a plea deal which includes her reasonings.

JM has to really drive home the premeditation from here on out.

 

[MaryAnnDVC]

Can this trail get any more crazy?!?!?!

Probably.