Originally Posted by Raina
On the protection ritual issue: "Thomas doesn't mention the word "ritual" at all. He said Travis "stayed up for some sort of protection."
I believe the words were "Protection rite"
From WS; "Thomas was Travis' old roommate. He allegedly was talking to someone on FB and posted that he called Travis to tell him that Jodi was outside his house at 4am.. He also said someone was performing a protection rite at that time, but it is unclear if that was Travis or the old roommate." --- So who knows. Not sure what's true or not, but we can all agree that id it happened; it definitely didn't work!
ETA- Thank WT and NCBlonde. "That is not what Thomas said, they got it wrong. NCBonde posted the actual FB snapshots earlier. Try here"
http://mydeathspace.com/vb/showthrea...=1#post3401476
don't worry about anyone getting ticked off at you.................. if they do then they aren't worth their salt (I've always wanted to use that salt reference......hee hee)
I like to watch the trial on www.wildabouttrial.com because the wild guy is in the courtroom and posts silly little things on the right side of the window as the trial is going on.
I respectfully disagree. In AZ once self defense is used as an affirmative defense, the burden falls on the Prosecution to disprove it. I just re-read a bunch of legal articles/case law to make sure I understood it correctly. Different in other states. I tried (very inartfully) to explain this earlier. JM has to disprove self-defense beyond a reasonable doubt.
@dizzyp - Hypervigilance, yes, that's exactly how I interpreted what Thomas said. Though apparently Thomas made it all up, so I guess it doesn't matter anyway. Sounds like a pretty good self-preservation instinct, though. I feel chilled wondering what Travis went through the night JA arrived - did he have any idea or premonition of what awaited him??
@Jillee - Yes, sadly, if it did happen, it didn't work. Sigh.
What is WS? I've seen that mentioned a few times on this thread and I can't seem to figure it out. TIA. (I did figure that one out, lol!)
Right!
4.04 − Justification for Self-Defense
A defendant is justified in using or threatening physical force in self-defense if the following two conditions existed:
1. A reasonable person in the situation would have believed that physical force was immediately necessary to protect against another?s use or apparent attempted or threatened use of unlawful physical force; and 2. The defendant used or threatened no more physical force than would have appeared necessary to a reasonable person in the situation.
A defendant may use deadly physical force in self-defense only to protect against another?s use or apparent attempted or threatened use of deadly physical force.
Self-defense justifies the use or threat of physical force or deadly physical force only while the apparent danger continues, and it ends when the apparent danger ends. The force used may not be greater than reasonably necessary to defend against the apparent danger.
The use of physical force is justified if a reasonable person in the situation would have reasonably believed that immediate physical danger appeared to be present. Actual danger is not necessary to justify the use of physical force in self-defense.
You must decide whether a reasonable person in a similar situation would believe that: physical force was immediately necessary to protect against another?s [use] [attempted use] [threatened use] [apparent attempted use] [apparent threatened use] of unlawful physical force; or
You must measure the defendant?s belief against what a reasonable person in the situation would have believed.
[The threat or use of physical force is not justified:
1. In response to verbal provocation alone;
2. To resist an arrest that the defendant knew or should have known was being made by a peace officer or by a person acting in a peace officer?s presence and at the peace officer?s direction, whether the arrest was lawful or unlawful, unless the physical force used by the peace officer exceeded that allowed by law; or
3. If the defendant provoked the other?s use of unlawful physical force, unless:
a. The defendant withdrew from the encounter or clearly communicated to the other person the defendant?s intent to withdraw, reasonably believing that the defendant could not withdraw from the encounter; and
b. The other person nevertheless continued or attempted to use unlawful physical force against the defendant.]
The State has the burden of proving beyond a reasonable doubt that the defendant did not act with such justification. If the State fails to carry this burden, then you must find the defendant not guilty of the charge. [The user is directed to the Prefatory Use Note regarding the applicability of this paragraph.]
SOURCE: A.R.S. ? 13-404 (statutory language as of October 1, 1978) and ? 13-405 (statutory language as of July 29, 2010) and ? 13-205 (statutory language as of April 24, 2006); State v. Grannis, 183 Ariz. 52, 60-61, 900 P.2d 1, 9-10 (1995); State v. Dumaine, 162 Ariz. 392, 404, 783 P.2d 1184, 1196 (1989); State v. Noriega, 142 Ariz. 474, 482, 690 P.2d 775, 783 (1984), overruled on other grounds, State v. Burge, 167 Ariz. 25, 28 n.7, 804 P.2d 754, 757 n.7 (1990) (overruling only on Noriega?s holding that a grand jury?s allegation of dangerousness in an indictment is insufficient to invoke 13-604?s sentence enhancement allegations); State v. King, 225 Ariz. 87, 235 P.3d 240, ? 12 (2010) (overruling Grannis, Dumaine, and Noriega to the extent they required that a defendant act in self defense based solely on a fear of imminent harm).
"Justice will not be served until those who are unaffected are as outraged as those who are" --- Benjamin Franklin
Ok, I had a good cry and I'm thinking more clearly now.
First, I'd like to dispel the whole "Jodi is a genius' hogwash. Jodi's IQ score was 119. 80% of the population have a normal IQ range between 80 and 120. Most of the people on this forum would score as high or higher than Jodi's 119. Einstein's score was 160.
She's in the normal range.
As for the evidence against her, it's overwhelming. It doesn't get any better than this; unless someone had video of the whole damn thing from beginning to end. People are convicted on MUCH MUCH less evidence.
If the jury doesn't convict her on the evidence alone, I'm not sure what went wrong. It's unfathomable to me that they wouldn't see what's right in front of them. Common sense. That's ALL that's needed. On top of all of it, she's a known liar. She's lied to the jury. They know this. Her testimony/story of what happened is out the window. It's worthless. They just need to look at the evidence now. It's all in the evidence, not in her "story". Remove the lies and she gets convicted on the evidence alone.
Because that's what we're really worried about, right? We're worried that the jury is going to believe her lies, part of her lies, one of her lies... But Juan will bring this home in closing. "She sat on that stand and LIED to you. Over and over again. What part of her story are you going to believe? She hasn't told the truth from the beginning, and she's not going to start now; because if she did, she'd be telling you that she's guilty of premeditated murder."
It really shouldn't be so hard. If it's been proven that she lied to the jury, her whole story is tossed. Without her story, there is no other conclusion.
That is not what Thomas said, they got it wrong. NCBonde posted the actual FB snapshots earlier. Try here
http://mydeathspace.com/vb/showthrea...=1#post3401476
"Justice will not be served until those who are unaffected are as outraged as those who are" --- Benjamin Franklin
"Justice will not be served until those who are unaffected are as outraged as those who are" --- Benjamin Franklin
Thanx to all who replied!! Now I've got a few more questions.. if they've taken a particular position/line of questioning, only because the client has INSISTED, am I right to assume she has no grounds for appeal if her attorney's have documented advising her that it would be incredibly detrimental to her case? Do attorneys who have been ordered to take a case have the ability to refuse to follow a clients instructions on morality/stupidity grounds? Or would that refusal itself be potential grounds for appeal?
I haven't checked what's happening at the thread's busy end & I'm hopeless at remembering what the time difference is. If you guys are in the middle of a discussion on unfolding testimony, or anything else that's sparked an ongoing conversation, just ignore my questions for slow thread times. I neither expect nor want you to have to stop a current discussion to answer questions I'm asking from 10 + pgs back. Thanx again alll!!
Jillee, ((((((((hugs))))))) for your tears. I think that Travis and his family are somehow, some way affected by all the compassion that is felt for them.
@Belloboo - websleuths, thanks!!
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