Jodi Arias is on trial for the murder of her lover Travis Alexander in Mesa, Arizona in 2008. A 2013 jury unanimously convicted Jodi Arias of first degree murder with an element of cruelty that made her eligible for the death penalty. That jury was deadlocked however on determining a sentence of life in prison, or the death penalty. This year’s Jodi Arias trial is a retrial of the penalty phase only. That retrial has been in session since September of this year, and there is no decision to date. Instead the defense has been using every stall tactic they can to delay the inevitable, a verdict on penalty. Meanwhile, every day this has protracted out since 2008 the Alexander family has suffered openly and publicly in their grief as they await a day of final judgment on this case. The State of Arizona also awaits a final judgement as they have been footing the bill of the Jodi Arias show for 6 years to the tune of 2.8 million dollars, and counting. Yesterday’s testimony in the retrial of the penalty phase of the Jodi Arias trial continued with X-rated testimony from deviant sex expert Dr. Fonseca according to Fox 10 out of Arizona Nov.24. Here’s what the taxpayers of the State of Arizona paid for in the last few days of the Jodi Arias trial.
The day in Maricopa County Superior Court in Phoenix, Arizona, yesterday began just like any other. That is, the day began with first chair for the defense Kirk Nurmi asking for sanctions against…someone. Yesterday’s target for Kirk Nurmi was the media, as Nurmi found it very displeasing that the media dared to take a picture of Jodi Arias in the courtroom last week.
Not only did the media take a picture that showed Jodi Arias speaking to her other defense lawyer, Jennifer Wilmott, but the media also had the audacity to exercise their First Amendment rights and express their freedoms by publishing the aforementioned picture. Kirk Nurmi feels that this is a violation of the orders against the media for airing live coverage of the Jodi Arias trial, despite the fact that it’s already happened basically every day since the retrial started.
As such, many, including Jeff Gold from The Gold Patrol, thought Nurmi’s request to sanction the media was “bizarro.” David Bodney media attorney was at the ready to argue for the media’s First Amendment rights. Apparently, according to Jeff Gold, Judge Sherry Stephens agreed and denied the Monday morning appetizer of decimating the First Amendment again, right before the morning’s testimony.
Shortly after that, some administrative matters were handled with the court. It was previously reported that the retrial of the penalty phase of the Jodi Arias trial was scheduled to last until December 18. Yesterday however Judge Sherry Stephens did more than hint what many have been openly speculating all along that the family of Travis Alexander may not get the verdict they want by Christmas. Based on how this trial has dragged out, Jeff Gold sarcastically quipped that the judge then asked the jury to check their 2016 calendars, when she was really ensuring they would be freed up in early 2015.
This is a case where a stall tactic is seen at every turn, and the court schedule of barely 2 full days of court testimony every week is just another element that is delaying justice for the Alexanders, and for the State of Arizona. Once the administrative matters were handled, Dr. Miccio Fonseca took the stand to continue cross-examination by the prosecutor Juan Martinez.
We previously reported on Dr. Miccio Fonseca and her frequency of using X-rated testimony on the stand. This is why she has been chosen for the defense, as she is a veteran sex expert and has been in the kinky sex business, and/or business of sex offenders, for over 34 years. The defense wants you to believe Dr. Fonseca has been put on the stand to testify to an alleged abusive relationship between Travis Alexander and Jodi Arias.
What the defense is not saying, but what they are really hoping they can at least get into some evidence, is that Dr. Fonseca has also been put on the stand by the defense of Jodi Arias to show or suggest that Travis Alexander was a pedophile, or at least that he liked child porn. There’s a motion on the table that allegedly contains such kind of evidence, that the jury is supposed to know nothing about.
The defense is stooping at nothing to get it in. Dr. Fonseca is also there to try and help support Jodi’s mitigating factor of alleged abuse by the hands of Travis Alexander. It is a well-known defense strategy that involves dragging the victim through the mud to make them look bad, so the defendant is perceived sympathetically by the jury which may help the defendant to get a lighter sentence.
To date however, Dr. Fonseca has been on the stand for several days, and has not called Travis Alexander a sex offender or a pedophile once. She also has not testified that Jodi Arias is a victim of abuse. She also has not interviewed either Jodi or Travis, but claims to be an expert on the nature of their relationship. As we have seen from her cross-examination by Juan Martinez, she in fact knew very little about the relationship between Travis and Jodi, other than the information the defense team gave her.
Loosely translated some see this to mean the only thing she is an expert on in this case is what the defense told her to say. She has not to date done much to establish any shadow of a reasonable doubt that there is the slimmest chance Travis was a.) an abuser, or b.) a pedophile. The jury has seen a lot of kinky sex information and plenty of sordid details over the past several days of testimony, but the person that is ranking highest on the “creep factor” after this testimony is definitely not Travis Alexander.
Yesterday, prosecutor for the State Juan Martinez cross examined Dr. Fonseca on matters that were left in court on Thursday. Dr. Fonseca tried to leave the jury with the impression that Jodi Arias was the “good girl” in the relationship, and Travis was the “kinky sex deviant.” Juan Martinez brought out every tool he had to redirect that testimony in a more accurate and truthful direction.
In other words, he metaphorically took a big legal white-out brush and completely and effectively erased that image from the juror’s minds. And by most accounts, he knocked it out of the park. As has been predicted based on last year’s trial, the defense story is going downhill almost every day, the longer they are up on the stand.
Yesterday Juan Martinez began questioning Dr. Fonseca on some of the more X-rated experiences between Travis Alexander and Jodi Arias, and illustrated how Jodi Arias initiated many of these exchanges. Jeff Gold from the Gold Patrol reported that Dr. Fonseca was “feisty” with Martinez, and said to him,
“I don’t want to go down the slime highway.”
It’s an interesting statement, since many feel she already ranks high on the “slimey” scale whenever she says the name “Travis Alexander”, and whatever shocking thing about him she tries to say next. Even so, a stone was not unturned by Juan Martinez. The jury heard one of the last emails between Travis Alexander and Jodi Arias yesterday. The email that the jury heard today was the one where Juan showed Travis calling Jodi Arias a “whore” and referring to “animalistic sex.”
Naturally, graphics were introduced into the lesson on sexual deviancy between Travis Alexander and Jodi Arias. Yesterday’s graphic involved a picture of a penis. A natural assumption might be to say that in the trial over the murder of Travis Alexander, that evidence would be introduced because it was Travis’s. But the point of Juan entering the picture into evidence was to show exactly the opposite, damaging any chance any person might have of perceiving Jodi Arias as a “good girl” and the “compliant” one.
When Juan showed the picture, he made a point of getting Dr. Fonseca to admit the body part in question couldn’t be conclusively determined as belonging to anyone specific. This of course was a move to establish Travis’s aforementioned “whore” allegations, that Jodi was in fact, what many would refer to as a “get around girl.”
Naturally, Nurmi objected, a lot. Jeff Gold of the Gold Patrol gets a tweet of the week award for his tweet on the objections to the graphics recently entered into evidence,
“#JodiArias penises and objections penises and objections”
This is what the traditionally conservative and red State of Arizona paid for yesterday. As our news desk has previously reported, with Dr. Fonseca on the stand, the drama in court is not unlike the drama displayed last year between Juan Martinez and defense domestic violence expert Alyce LaViolette.
Dr. Fonseca hasn’t threatened to put Juan Martinez in a time-out yet, but otherwise, the feeling and the tone of this testimony is very similar. Instead, as Monica Lindstrom reported for KTAR she used words, and variations of words that included the word “slime.” Testimony also paid for by the traditionally conservative and red State of Arizona was entered to show that Jodi liked to “dress up like a dirty school girl.”
Juan also discussed the sex tape between Travis Alexander and Jodi Arias with the witness. He alluded to the fact that Jodi’s orgasm was not real, and got on the record that this, in addition to recording phone sex without Travis’s consent, was just another manipulation tactic on the part of Jodi Arias. As cross-examination testimony became more combative, the defense witness was then actually compared to last year’s witness Alyce LaViollette in court through a question that coined the phrase “LaViolence”.
The defense naturally objected to that, and the objection was sustained. Juan Martinez then questioned Dr. Fonseca on a line of questioning that led to her agreeing that Travis could not be a pedophile because Jodi was as much into the roleplaying as he may have been. Juan Martinez also questioned Dr. Fonseca over the fact that the allegations about Travis Alexander being a pedophile only came out after Jodi Arias was arrested.
This may have been the most dramatic moment in yesterday’s court session according to reporters tweeting live. Dr. Fonseca fell into Juan’s trap of admitting this, saying that it did not matter what Jodi said or when she told the pedophile story if she was looking for a way out of a first degree murder conviction. Juan Martinez then pointed at the defendant and asked Dr. Fonseca if she just called Jodi Arias a liar in a court moment that was probably not unlike Jack Nicholson’s “You can’t handle the truth!” line in “A Few Good Men.”
There was nothing the witness could say to that, since Juan made it clear that post arrest, Jodi offered investigators at least three different version of events on what happened the night Travis Alexander was brutally murdered. Even so, the sex expert stayed firm with Juan and even said that she believed Jodi’s story that she was kicked in the ribs by Travis and that he broke her finger. We’ve previously reported that before yesterday, Dr. Fonseca testified that January 2008 was a turning point in the relationship between Jodi Arias and Travis Alexander.
Dr. Fonseca believes this to be the turning point because she believes Jodi’s story that Jodi allegedly walked in on Travis Alexander masturbating to a picture of a little boy in the last week of January 2008. Yesterday in court the jury heard a diary entry of Jodi’s written on January 24, 2008.
A picture of Dr. Fonseca holding Jodi’s diary in court yesterday can be seen in the slideshow. The entry that Juan specifically wanted to discuss with Dr. Fonseca yesterday can be seen there as well. That diary entry reads,
“Thursday 1-24-08. I haven’t written because there has been nothing noteworthy to report. I turned down 4 offers for a date this (Saturday) Friday night. 4 separate offers. That’s mildly amusing. Instead, I’m going to a dinner at Brother Porter’s house. It’s for new ward members. I’m tempted to skip out though and go (skiing) with my friends to the snow. I could get some reading and journal writing done and probably take some great pictures. Not to mention, spend time w/some good friends. Anyway, we’ll see. – JAA”
Nothing “noteworthy” to report but a few date offers was what really happened that week for Jodi Arias. But, years later, she wants the jury to believe that in that same week, she was kicked in the ribs and had her finger broken by her boyfriend. She also now claims to have walked in on her boyfriend masturbating to a picture of a child that week, but tells her diary “nothing noteworthy to report.” The truth is, as Juan Martinez effectively showed, there was nothing noteworthy for Jodi Arias to report to her diary because she was right, none of that by the hands of Travis Alexander actually happened.
It was this line of questioning that ended the day, and as Monica Lindstrom reported for KTAR, by the end everyone in the court room appeared “flat out exhausted.” Overall it appeared to be a good day for the State. Troy Hayden for Fox 10 tweeted,
“In another life, I bet Juan Martinez could have been a great CIA interrogator. Has a way of breaking a person down. #jodiarias”
But, as Monica astutely points out, it doesn’t matter what anyone thinks, with the exception of the jury. How did the jury fare during yesterday’s combative testimony?
Is it possible to tell what the jury is feeling about Dr. Fonseca by this point in her testimony? It is not possible to tell, no, but legal analyst Monica Lindstrom wrote some interesting thoughts on the subject yesterday. On the matter of the potential juror perspective of Dr. Fonseca, Monica said,
“This witness is not a wilting flower, she continues to stand firm and strong under the prosecutor’s scrutiny. With that being said, she is straddling a fine line. If she continues to be combative and strong willed, she could end up isolating herself from the jury and be seen as condescending. Considering even I was losing patience with the exchange between these two, I can only imagine how the jurors feel.”
“Exhausted” was how everyone, including Dr. Fonseca, Juan Martinez, and the jury appeared as court testimony wrapped for Monday’s session of the Jodi Arias trial. After a good night’s rest, testimony resumed on Tuesday morning, Nov. 25 in Phoenix, Arizona, in the Maricopa County Superior Court. We followed Steve Krafft from Fox 10 and Jenn Wood from the Trial Diaries who tweeted live from the courtroom today.
Today’s court session started off with no requests for sanctions, however it certainly started off with a bang. A full-fledged discussion of methodology Jodi uses to groom her “bathing suit parts” was first on the docket today. Does she wax on? Or wax off?
Or is she a shaver? Again, one can’t help but wonder how this relates to what sentence Jodi Arias should get for brutally slaying Travis Alexander. From there Juan Martinez reportedly led the line of questioning into an area he could not discuss too much in the first trial, Jodi’s stalking behavior and her aggressive tendencies.
After Dr. Fonseca testified that she was there as an expert on the relationship, Juan Martinez reportedly ripped holes in almost everything she said. After the first hour of testimony he had her admitting that she didn’t even know for sure when they started dating. She also admitted she hadn’t thoroughly reviewed Jodi’s testimony in last year’s trial at all, just “what the defense gave her.”
Here is where Juan was working to show that she is not as big an expert on this case at all, and certainly not an expert on their relationship. He did a very good job on this, with many reporters tweeting Dr. Fonseca admitted her perception of the relationship was “hazy”. The jury then began to see the arrow on the creep meter inch closer to the direction of Jodi Arias with every moment in court that passed.
The jury heard about the creepy tire slashing, and about the creepy creeping into his house through the doggy door creepy situation. They also heard about how she would creep his phone when he was sleeping. After all of the things they have heard about the sex life, now this.
When Juan introduced how Jodi went through the doggy door of Travis’s home to sneak into his home, and asked Dr. Fonseca, “Could she not have just gone to the front door?” Trial Diaries reports that Dr. Fonseca replied,
“I have no clue how she could have got in the house.”
The correct answer to that is, “Normal people go through the front door.” Maybe Juan forgot to ask her how many people she knows that enter as a guest through the doggy door of people’s homes? It sounds by all reports of court he really didn’t need to.
During Dr. Fonseca’s testimony she tried to make it look like Jodi Arias was “suffering in silence” throughout the relationship. This was a fact she tried to enter that Juan effectively tore apart with approximately 10 different questions. He also got her to admit that Jodi was intrusive.
She had no choice but to admit that Jodi was the intrusive one, and that was due to the skill of Juan Martinez. It would not exactly win any credibility awards to say, “Nah. Going through the doggy door isn’t intrusive at all. That’s totally normal.”
A lot of back and forth trying to establish the nature of the relationship continued. The relationship between Travis and Jodi was certainly a secretive one, Dr. Fonseca wants the jury to believe that is because Jodi “suffered in silence” as an abuse victim. She also said that Travis was a “master of deception” according to Jenn Wood from the Trial Diaries. Juan illustrated that the reason nobody knew about their relationship was not because Jodi was “suffering in silence”, but more because,
“The point is that someone’s sexual life is private! Jodi didn’t discuss this because she’s private!”
There was then much discussion over what expert was best, Dr. Fonseca or a Dr. DeMarte, an expert that testified last year in the Jodi Arias trial. Dr. DeMarte does not have the 34 plus years of experience that Dr. Fonseca has and has been widely criticized for that since last year’s trial. While Dr. DeMarte’s name was not specifically mentioned in the “Whose expert is better?” line of questioning, the innuendos were certainly there.
Kirk Nurmi went to redirect after Juan rested and tried to undo some of the damage. He attempted to make it look like the fact that she barely read anything about the case, wasn’t that big a deal. When testifying to what she read, Dr. Fonseca said,
“There’s 31 boxes of evidence and I didn’t go through all of that. I looked at what was kernel to the case.”
Kernel to the case? Or a kernel to what the defense has? If you are only looking at a kernel, can you really and truly effectively call yourself an expert? Then Dr. Fonseca tried to blame the media for sensationalizing the case, when it is actually she that testified to the kinky sex. She said,
“This stuff sells to the media. It’s easy to focus on the shaving, the anal sex, and so on. The State was implicating I was unethical and the mischaracterizing of my testimony was nothing like I’ve ever seen.”
As Kirk Nurmi tried to make the State look a little more bad, the word “misogyny” came into play in testimony. This led to the final sidebar of the day over a clarification of the definition “misogyny.” After sidebar Judge Sherry Stephens called recess for the day, making “misogyny” basically one of the last words of testimony in the day.
Does that bode well for the defense or the State? The arrow on the creep meter is still pointing pretty strong to Jodi Arias judging by the reactions on social media. Jodi’s Twitter account has been very busy this week too.
Meanwhile, while all of this is going on in court, someone on behalf Jodi Arias is doing what they can to show Jodi is trying to maintain a good girl image in jail too. This week the person that is tweeting from her official Twitter account, @JodiAnnArias tweeted about Jodi’s Good Samaritan work in jail. The Twitter account for @JodiAnnArias tweeted this week that,
“#JodiArias on restriction because she shared food with someone who was hungry. No good deed goes unpunished.”
It is a tweet that has resulted in many being offended. Many with the exception of Jodi supporters. One of Jodi’s followers who uses a picture of Jodi Arias in her jail stripes as her Twitter avatar tweeted in response,
“I can’t wait until TA’s child porn addiction forces a dismissal of all charges. This is just getting out of control.”
It seems like Jodi supporters still believe that the unproven allegations against Travis Alexander are somehow related to the punishment Jodi Arias should get for butchering him. The supporters are correct about one thing though, this is definitely getting out of control. All this shows us is that Jodi Arias has not changed.
Clearly, it is against Maricopa County Sheriff’s Office regulations to share food among inmates. And to many, the only thing that this broadcasts to the world is that Jodi Arias still has no regard for the rules of society. With this tweet we learn that Jodi feels that breaking the rules should be rewarded, not punished. 5 years in jail and she still lacks that insight.
One really can’t help but wonder where the person who tweets for Jodi got their Twitter lessons from. Is it really a good idea to be quoting about only getting punished for good deeds, while one is facing a possible death penalty sentence? Is it really a deeply considerate gesture to the family members of the victim to tweet about getting punished for good deeds when the world is hearing evidence that suggest you might be a creepy stalker?
Whoever has been starved in the Maricopa County Jail can rest assured they are not losing their gravy train any time soon. It looks like Jodi Arias will be spending Christmas at the Maricopa County Jail now that Judge Stephens has asked the jury to keep their calendars free in 2015. Until then, the jury has only one thing to consider.
The jury in this retrial will be determining whether she gets a life sentence, or the death penalty. No matter what decision they come to, Jodi Arias will be transferred to Perryville State Prison from the Maricopa County Jail to carry out her sentence.
Will she be on Death Row? Or will she be in isolated quarters elsewhere on the grounds of Perryville?
Testimony in the Jodi Arias trial will continue next week Tuesday, December 2. Court dates for the retrial next week are Dec. 2 and Dec. 3. As Jeff Gold tweeted yesterday, the court schedule is slower than molasses. He said,
“JodiArias trial sort of like Elf on the Shelf, pops up here or there for brief appearance and poof gone. Tomorrow is at court of appeals.”
How do you feel about how the defense expert Dr. Fonseca did this week? Watch this video from last year’s Jodi Arias trial where a friend of Travis Alexander describes creepy behaviors of Jodi Arias in detail, specifically using the word “dangerous.”