The Jodi Arias Death Penalty Retrial (Sentencing): Day 12 - "A Juror's Perspective"
This Jury is going to do everything it can to connect the dots despite what the prior Jury has ruled in the previous two phases. This Jury knows that Jodi Arias was convicted of premeditated murder and that this case is death penalty qualified in that the murder was determined to be cruel and heinous. In spite of those decisions, they will need to understand the premeditation and why this crime was as cruel and heinous as it was. It is human instinct.
The Jurors become detectives in the deliberation room as they try to recreate the murder and the reasons that it happened. I speak as a Juror from the recent conviction of Marissa DeVault in the premeditated and cruel and heinous killing of Dale Harrell. She was sentenced to life in prison with no possibility of parole. The death penalty was on the table and we were able to weigh mitigating factors that in no way excused the killing. Some of us will always wonder if the death penalty would have been the appropriate sentence.
These Jurors will eventually step into the deliberation room and will, at this point, have over two hundred pieces of evidence. They will look at pictures of the cruel death of Travis Alexander. They will see the gas can receipts as well as Jodi Arias' hand print on the wall and her behavior after the killing. The behavior before a killing is important but the behavior after the killing is just as important. It is of merit because it shows consciousness of guilt.
Our Jury spent days discussing Marissa DeVault's behavior after the killing of Dale Harrell because we were searching for answers prior to the killing. For example, we spent a significant amount of time discussing whether DeVault had yanked the shorts off of Dale Harrell just after she bludgeoned him with a hammer multiple times. We saw shin burns on his legs and Eric Basta, the Prosecutor, pointed to this as evidence she took the shorts off of Dale to show that he was nude which went toward the idea that DeVault was saying that he was raping her at the time of the assault.
We concluded that Dale was not raping her and we concluded that the murder was premeditated. We were not able to find that the evidence was strong enough to say that she ripped the shorts from him even though many of us believed it possible. We tried to connect the dots but some would always remain unconnected.
Similar to the Arias Trial, we suffered through days of Psychological testimony. As I mentioned in a previous posted Perspective, the testimony of Psychologists is difficult for a Jury because of its subjective nature. It is no different in this case. This Jury has seen days of Dr. Fonseca on the stand and will be able to glean very little evidence of what she has said...it is subjective and opinions can vary on what one Psychologist says to what another Psychologist might say.
We witnessed Dr.DeMarte in action at the DeVault Trial and her opinion will be far different from that of Dr. Fonseca.
We were gathered in the hallway outside the Courtroom for day 12 of the Arias Trial and we saw Dr. Fonseca walk by. I saw her and dreaded the fact that she would be on the stand again. I know the Jury felt the same way upon seeing her step up to the witness chair. The testimony is tedious and slow. It is difficult to grasp.
This won't stop the Jury for looking for answers. They will not get a Court Transcript. They will only get evidence as accepted by the Court.
Dr. Fonseca was on the stand discussing a line by line detail of an email between Travis Alexander and Jodi Arias written on May 26, 2008. This heated email is only 9 days before the death of Travis Alexander. This piece of evidence, numbered as 741, will go back to the Jury room and they will read it line by line. They will play Detective and try to understand the motivations and what is said in between the lines. They will see this as Travis Alexander speaking from the grave.
This letter was posted on various screens for all to see around the Courtroom. Although Dr. Fonseca was speaking, I can tell you that each Jury was reading the email in their own process of discovery.
Travis Alexander writes to Jodi, "...you have been more a cause of pain than the death of my father. You are relentless in your torture of people that have loved you and protected you and served you. What do you do? You try to destroy them. You are the lowest of the low. You are sick and evil and knowing you makes me want to kill myself in punishment."
He says, "I don't even know if you are human...even when you are telling the truth, you are lying."
The Jury will be able to review some of her evilness and lack of respect in his burning words when he speaks, "I know you got into my computer and erased a letter I sent to Lisa. I know you did."
Arias responds innocently, "What? No."
"Shut up," Travis says, "I know you slashed my tires...I don't want any more lies. You slashed my tires, you stole my journals. God, I know it."
"I may be a liar, I may be a whore. I may be evil. I may not be worth all the air that I breathe. I may be like the most horrible person you have ever had the misfortune of knowing," Jodi Arias defends, "but the one thing I am NOT is violent. I did not and would not slash your tires...you deserve so much more than the crap I have given you. You deserve a wealth that is beyond this world..."
Dr. Fonseca speaks but the Jury is reading words on the screen. They are seeing Travis Alexander and they will look at Jodi Arias in the Defendant's seat. Their minds are processing. They continue to read while listening to Fonseca drone in the background.
Travis Alexander writes, "Tell me the truth: I hate you. Say it. I want the truth just once and then tell me why you hate me and desire to destroy my life. Why did you manipulate me into loving you? I was a good guy. Why did you have to do it to me? ...What was your objective? What was the point?...Even now you only talk but your actions show that you hate me."
"What do you want me to say? Whatever the purpose is. It's not marriage. It's not sex....you are like an Angel that gets snared by my evil influence," Jodi writes prophetically.
This Jury will try to decipher these words and connect the dots to his horrific murder. They will have a hard time doing it. They will more than likely get into heated discussions how this incident happened, despite a Jury's prior ruling. They may never find an answer but they will look at and read these documents over and over again.
Kirk Nurmi completed his questioning of Dr. Fonseca. She sat on the stand and waited for Juan Martinez. She may even have been content with her testimony and opinions.
Juan stood up and began pacing. It was as if a thunderstorm were over our heads as the hail began to rain down. He was a tornado of passion as he attacked Dr. Fonseca and her credibility. There was a point when Dr. Fonseca said that she could not hear him and that he must speak up. Juan Martinez gladly obliged.
Some Jurors might feel empathy for Dr. Fonseca as he destroyed her credibility. He did not destroy her thirty-five years of experience in sexual deviancy but instead went after her basis of conclusions. Did she interview anyone else in this case? Did she interview the victim's family? Did she speak with Jodi Arias' family? Was she aware of the dates of documents she reviewed and the importance of sequencing? Did she think it important that Jodi Arias reported her phone stolen and then it reappeared for the recordings just in time for the trial?
Juan Martinez showed passion for the victim, Travis Alexander, and for his family who sit in the front row every day as they have the length of both trials. He was aggressive. He showed no mercy. He was a booming voice in a Courtroom that had been otherwise cluttered with what some might call nonsense.
There were objections by the defense all afternoon long. Dr. Fonseca was on the defense. Her rambling seemed unimportant and non-scientific. It was fuzzy and loose. It no longer felt like evidence and Juries love evidence they can touch and feel.
The Jury watched in rapt attention as Juan pursued his prey. I saw the seven note takers writing furiously. It is one of those note takers that the Foreperson will arise from.
I saw the Jury act more interested in the events on the floor than I had seen in all the days of Dr. Fonseca on the stand.
The path to Justice is not easy. The path to Justice requires genuine passion. Juan Martinez showed more passion in one day than the defense has throughout the length of the trial.
These Jurors will not have answers, yet. There is still a long path to walk. They will not have formulated an answer in their mind.
But, they will be impacted as they go home for the weekend.
They have not seen Dr. DeMarte. They don't know that Dr. DeMarte will finish the execution of Dr. Fonseca. I call her the "Psycho-Killer" in my book, Brain Damage: A Juror's Tale", for a reason.
Finally, I feel as if we are making forward progress in our collective search for Justice for Travis and his family...
Justice 4 Travis Alexander.
Justice for Dale.
Paul A. Sanders, Jr.
The 13th Juror MD @The13thJurorMD (Twitter)
The 13th Juror MD @The13thJurorMD (Twitter)
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