*** Update:  I’ve been getting a lot of feedback on this post, which leads me to see that a lot of people are misunderstanding my point.  This is about larger issues then just the Jodi Arias trial.  This case brings up a lot of questions about abuse, whether someone should have to prove abuse, how someone would prove abuse without the people who witnessed it telling the truth, and questions about self-defense and how someone is supposed to prove self-defense without talking about the supposed victim in a negative manner?   People don’t seem to really grasp that this trial doesn’t stop affecting people when the verdict comes in.  What happens in this case, how you treat the defendant, whether you follow the rules, how wild we let the media get, all crashes into the next case.  There is a thing in the legal world known as precedent, it is set in every decision that is made in a court of law.  For example, people wanted to leave Juror #5 on the jury (because they thought it was a good thing she was breaking the rules) even though the judge believed her to be prejudiced enough to remove.  If the judge would have left her on the jury, the verdict would have been guilty, and a higher court affirmed the decision to leave the prejudiced juror on.  Every other case now has case law that shows it is okay to leave prejudiced jurors on.

Precedence never distinguishes between guilt and innocence.

Every case has larger implications to our society than just what happens to the people involved.  To analyze a case completely and its impact on the justice system, one has to realize that trials are complex.  Once you let a rule get broken, it snowballs and snowballs into all cases, spreading to innocent and guilty defendants alike.  This is why we have safeguards that aren’t flawless, but can be effective.  This case goes beyond the name recognition of the defendant and victim and definitely beyond the tense relationship between the rule less media and the courtroom.  This article was created to stimulate thoughts about the questions the media often brings to the forefront, but they don’t discuss.  ***

A constant theme in the media coverage of the Jodi Arias trial is the defense putting Travis Alexander on trial.  But, what is really going on in the Maricopa County Courthouse?

Arizona State Law says:  A person is justified in…using physical force against another when and to the extent a reasonable person would believe that physical force is immediately necessary to protect himself against the other’s use or attempted use of unlawful physical force.  The threat or use of physical force against another is not justified:  in response to verbal provocation alone, if the person provoked the other’s use or attempted use of unlawful physical force, unless:  the person withdraws from the encounter.

The burden is on the defense to prove self-defense. The prosecution has to prove every element of its case beyond a reasonable doubt, in a self-defense claim, the defense only needs to show that the self-defense claim is legitimate.  The prosecution then has to refute the claim.  Self-defense is an affirmative defense.  Affirmative defenses must be asserted by showing that there are facts in addition to the ones in the indictment or information charging the defendant and that those additional facts are legally sufficient to excuse the defendant.  Essentially, the defendant files an answer to the allegations by the prosecution agreeing with some of the facts of the case, but denying the allegations.

How do you prove self-defense without saying something “bad” about the “victim”?   The question isn’t is Jodi Arias’ defense putting Travis Alexander on trial, the question is who is the victim?

On top of that, how do you prove that the assumed victim was bad enough to have attacked to the point of self-defense if no one who knows will help you?

During Alyce LaViolette’s testimony, it was revealed that Chris Hughes, Travis Alexander’s boss, mentor, and close friend and his wife, Sky Hughes knew of Travis Alexander’s issues.  This included warning Jodi Arias about his propensity to use and abuse women.  Her testimony has also revealed many other things that don’t back up the media and prosecution’s image of Travis Alexander.  It certainly doesn’t back up what his friends have told the media in interviews.  Especially considering that Chris Hughes gave several interviews himself.

One main part of abuse is isolation.  If you are isolated away from your life and surrounded by the people who knew your abuser before you.  What can you do to prove you were abused when no one will talk?  When they all decide to back them up?

Many people claim that Jodi Arias hacked into the Hughes’ accounts and created these emails in an attempt to reconcile this evidence with their belief that Jodi Arias is what the media says she is.

I decided to research this, what I found is quite interesting.  First off this explanation does not take into account all the other contact Travis Alexander had with other women, including emails and texts.

The evidence comes directly from police investigators.  When the defense first wanted to see it, the prosecution fought them until the judge ordered them to give it to them.  They turned over the information they pulled from Travis Alexander’s electronics.  This is where all of this was found.  All of the conversations with other women, etc.

All of this was included in several motions filed in court and as part of discovery.  The media chose to report none of these facts instead focusing on interviewing the people who directly contradict their own words included in the evidence.

Her testimony has shown some very important dynamics in the case, the most important for this post, is that Travis Alexander had a pattern with women.  He called another woman that he was seeing ‘a stalker’, he asked other women for pictures of them, he recruited other women into the Mormon faith and used it as an icebreaker to date them, he explicitly talked to other women the same way, and his friends knew that he wasn’t nice to women, to say the least.

Advertisements
Comments
  1. K.Garrison says:

    I forgot to include one other thought :Its difficult to judge the “media” very harshly esp in this case when we have a defendant, now convict, that is using THEM and has been since she was arrested. It would take FOREVER and a great deal of space here to document all of the ways this one convict in particular has used the media to suit her ever changing needs over the last 5 yrs. How can we be judgmental of THEM? Jodi has given countless interviews and dictated the terms of each . How can she legitimately cry “foul”her attorneys use court filings and complain about cameras in the court room and wanting the jurors sequestered after she gave 48 hrs interview, where she denied killing Travis, and Inside Edition where she famously said “no jury will convict me” and previous to, during and after her trial use a 3rd party and take to practicing “free speech” about her trial, the prosecutor and the tax payers of AZ….in the state which I reside, anyone convicted of a crime and is in the custody of the state is not allowed to take on the general public or media or anyone else. They are in the literal custody of the state and precluded from taking part in or practicing freedoms that all other citizens enjoy and have a right to. Esp this verbal harrassment of the Maricopa County Proscutors office and making statements at the expense of her victims friends and family or witnesses in her trial. Not to mention placing a drawing for sale of a young woman that bears a striking resemblance to one of the Alexander sisters! I have, been respectful I think in bringing to light a few facts/thoughts regarding Jodi and this case. I hope that my contributions will remain active here to others as part of a respectful discussion. Thank you

    Like

  2. K.Garrison says:

    I dont subscribe to the HLN/Nancy Grace bizarre media hysteria or the mobs calling for the death of Jodi Arias is very graphic descriptions all over the internet and still some on TV. I have grave concerns about that mentality and about many of the dp cases in thiscountry past and current. (a lot of which would require a whole other thread to discuss).

    That being said, I have to ask..does anybody know for sure how many of the thousands of written emails, texts, and IMs between TA and JA actually contain what ALV termed “rants” or anger from Travis directed at Jodi with name calling? Unless iam mistaken, there were some 8000 give or take total. The ones from TA containing the anger and name calling and entered into evidence, wernt actually that many. The same few were dicussed in length by both defense experts, the defense attorneys, and prosecutorand a few other sworn witnesses, but were the same few over and over.

    Now, let me be clear..Travis A shouldnt have called her those names, nor perhaps allowed the joke about his sexual status to continue on the way he did. He was responsible in part too for allowing the sexual relationship to continue on knowing too that he didnt plan on marrying Jodi. Even though she also was aware of that fact, he knew what was happening and that they were both living a lie and against all that they were pretending to believe in. I get that most ppl dont discuss their bedroom activities at length with friends and family, but theirs was a unique situation esp when considering the faith they shared. So = responsibility there.

    It is very concerning that so much is made out of all of these supposed written emails and such thatare supposed to be so angry, when in fact there are few entered into evidence and even by ALV admissions, there were THOUSANDS written. I dont know everything, but I know for certain that the defense team AND ALV AND JA would NOT rest unless all the angry written info from TA was submitted and throughly evaluated. With all of that in mind, it is dangerous to come to such a harsh judgement of Travis on this issue.

    No matter what this man did not deserve what was done to him. There arent enough emails or KY to justify his killing or the manner in which Jodi has behaved since. I was in 2 abusive relationships when I was much younger. I last saw the final abuser after I stood up from the floor where he had been on top of me beating my head into it with his hands around my neck in front of my 2 young chikdren and screaming “im gonna kill you!” Over and over..so you leave..I get the dynamics but u leave and u dont go back esp once you are 1000 mi away from them!

    At the end of the day, two wrongs never make 1 right and the level to which Ms Arias has gone to brutalize him at the scene the day she killed him and since is disgusting, vile and overwhemingly horrendus. Esp after you weigh all of HER going to the media, HER lies starting with “I wasnt there” and “it was 2 ninjas” and “little boy photos” and ” spiderman underwear” and “I cant remember” “I took the gas can back”, “I lost my phone charger”, “I didnt mean to send coded messages in a magazine to get a witness to fix their testimony” “the gun had a holster” I didnt see a holster for the gun” “it was in the closet up high I climbed to get it without disturbing anything”I had to take Darryl the remote back for his CD player that I stole from my grandparents house with the 25 cal gun…I mean I somehow put the remote to DARRYLS CD player in my car for some mysterious reason” “I rented a car and got lost because the rental didnt have a GPS built in like MY OWN car did. And GPS can be traced…..I mean I just rented a car…a white car…less noticible.” “No jury will convict me, mark my words…” with ALL due respect….come ON

    Like

Join the Discussion

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s