Travis Alexander: The Price of Justice

If anyone has any doubt as to who is being protected in that court room, by every single person on both the defense and the prosecution, let me just remind you, it's Jodi Arias. Protecting and upholding the defendant's rights is one of the United State's greatest and proudest assets.Every single word uttered in that courtroom is governed by the rules of evidence, the first rule of evidence being that the accused is considered innocent until proven otherwise. Right off the bat, the jury sees the defendant and have to say to themselves, "Jodi Arias is innocent. Just because she sits in this court means nothing, other than she is innocent, until we're given evidence that tells us otherwise". Every single procedure is carried out in strict accordance to that presumption. The prosecutor can only present that evidence deemed legal and can not present false evidence or even prejudicial evidence. The defense has the right to view the same evidence and know it's significance to the prosecutor's case. There can not, and should not be any surprises in a court of law. The defense does not base their case on the truth, per se, but on the evidence, and their case is fluid depending on what the prosecution will be trying to prove.So there sits Jodi. She's really the ring leader in this circus. She calls all the shots. Nurmi and Willmott are just the clowns who set up her acts. They work for Jodi. If she wants to assert she wasn't even there, then they have to defend that assertion. If she wants to claim ninja's spared her life but took Travis's, then they have to do what they can to defend that claim, no matter how preposterous. That's their job.At the end of the day, Nurmi and Willmott do have some input in the story that's told to the jury. Their voice is heard when they explain to Jodi that after viewing the prosecutor's evidence, they feel the prosecutor has such a strong case, that they have to plead in a way that is more believable. They may say something like 'well, Martinez has your blood on the wall, and your palm prints and gas receipts that total more gas than you can carry in your car and spare tanks'. They tell her it doesn't look good and if they proceed with an alibi that she wasn't there or that ninja's did it, that the jury would not believe anything she says, so she's going to have to plead to the level of evidence they believe Martinez can prove. What this jury doesn't know and will not know until sometime after their verdict is read, is that Jodi offered a plea deal in hopes of securing something less than or equal to a  2nd degree murder conviction. She didn't claim an alibi; she didn't claim ninjas did it; she didn't even claim she suffered from battered woman's syndrome and was a victim of domestic violence. She claimed heat of passion; in other words, things got out of hand and she brutalized him in the heat of the moment. No sense defense, which she had to have known would be an uphill battle, but which offered the chance of acquittal that heat of passion doesn't.But the jury won't hear that testimony, as I mentioned. It's unfairly prejudicial. Prejudicial evidence is evidence that is likely to reflect negatively on the defendant, and bias the jury against them. That's another thing, the prosecutor may have a mountain of evidence and testimony that speaks to Jodi's guilt or assumption of guilt, but his hands are tied on exactly what evidence he can present and exactly how he can present it. If he brings up Jodi vying for a plea deal, that might unfairly stick in the juror's mind as an admission of guilt for that crime, which means the whole self defense plea is bogus, which means she lied to the jury. Juror's take their jobs seriously. They don't want some liars making chumps out of them.Jodi's parents admitting to the investigators that Jodi was mentally ill—unfairly prejudicialKicking her mother without provocation and freaking out all the time—unfairly prejudicialTravis's friends claiming Jodi snuck in through the doggie door —unfairly prejudicialTravis's friends claiming Jodi slept under the Christmas tree —unfairly prejudicialJodi's stalking behavior—unfairly prejudicialGun and knives packed in rental car as she attempted to flee before being arrested — unfairly prejudicialJodi asking to see post-mortem and autopsy photos out of 'morbid curiosity'— unfairly prejudicialStrongly suspected of slashing Travis and his new girlfriends tires two days in a row— unfairly prejudicialPeering through Travis's window and observing him with another women— unfairly prejudicialHandstands, stealing the wedding ring, hacking his social media accounts, being generally thought of as 'creepy' and 'obsessive', ninjas, alibis...you guessed it, all unfairly prejudicial, and all things the jury will never be able to base their judgements on when the verdict is discussed.While there's a certain irony and injustice that the defendant is free to malign and lie about the character of the victim, only evidence that is backed up by irrefutable facts can be brought in against Jodi. She can throw out all the unfairly prejudicial claims she wants against Travis Alexander, to turn the jury against him. He can't do anything. He's dead.Nurmi and Willmott do not have to believe their client. They simply don't have to, and they likely don't believe her farther than they can throw her. But Jodi is protected. Her lawyers have to fight for her life whether they believe her or not. And not only do they fight for her life, they fight for the very lowest charges available to them. Just like when you buy a house and your real estate agent is fighting for the lowest possible price. The agent will check the roof and shake their head sadly, and tsk tsk, and ask for a deduction for that shoddy roof. The water heater that whistles in the night? There's goes another thousand.Defense attorneys are the same: they need to find every single legal loophole available to them to poke hole in the prosecutor's theories and raise that reasonable doubt threshold. If they can suggest to their client that her only chance that a jury will acquit or settle for substantially lesser charges is if she happens to be a battered woman—so they ask her in that way that makes her know she has to go along..."so Jodi, did Travis ever raise his voice to you? Ever raise a hand, maybe even playfully? Because if he did, well the jury will surely believe you're a battered woman and were fighting for your life....Good girl, now this is what we're going to do...."Not only do defense attorneys poke holes in the prosecution's theories and evidence, but they poke holes in the procedures. Was she properly Mirandized? Even if she killed Travis in cold blood in front of a dozen witnesses, if she was not read her rights properly, guess what, defense attorneys will have a field day. I personally think that when defense attorneys start attacking the procedures, it's because they're running up against a wall and they have to lash out at something. If they can't explain away the evidence and testimony, blowing up the procedure and creating doubt that if one thing was done wrong, then other things were done wrong, is the standard modus operandi for the defense.The defense attorneys can't lie, nor can their witnesses, and they certainly can't allow the defendant to lie—so they deflect attention. You don't want the jury to know how important and vital that testimony about the gas cans is? Well, just act like it's a big waste of time and try to move the jury on. Want to discredit an extremely intelligent and articulate prosecution witness, who happens to be decades younger than your own witness; then simply use a condescending voice dripping with disdain and sarcasm and question every bit of minutiae of their CV to give the jury the impression that this is all much more important. Want to create doubt that the gun was shot last; then start fabricating fantastical theories about a magic lugee bullet (sorry, gratuitous Seinfeld reference) that floated on ether for some period of time before finally landing unscathed upon a clot of fresh blood where it was later found.And so everyone in the court room tippy-toes around, careful not to step on Jodi's rights, and she weaves lies after lies after manipulations after just plain ugly accusations. And while Travis's friends and family struggle to restore his good name, they are warned they can't say anything prejudicial about Jodi—they can't malign her like she's maligned their brother,  they can't say anything that might make the jury see her as the lying, conniving, literally back-stabbing cold-blooded murderer we spectators have come to know.And when those jurors get their instructions this week, one thing that will go through each and every one of their minds is this: is justice served by not believing a woman who cries abuse and kills a man; or is justice served by believing the lies of a woman who relishes every single dig she can get in, knowing how proud Travis was of the good name he earned and the reputation he fostered, and how she gets the opportunity all over again to push that blade up to the hilt?Either way, there is no real justice for Travis Alexander. He's dead. His name and reputation and everything he stood for, is trashed, at least in the minds of the general public. Justice is something we all share, whether we agree with the outcome or not. Justice is both the process and the end-result. Justice is what our forefathers demanded, and we are bound to uphold. If the jury finds her guilty of first degree murder, than we can sleep soundly on that night. That is justice.  If they find her guilty of a lesser charge, then she will one day walk amongst us—her zombie eyes alighting on a new victim, a new challenge, a whole new Travis to destroy at her leisure. And should that happen again, she will enter the courtroom protected by the same rights and laws that allowed her to get away with murder the first time. That is also justice—a double-edged sword...or in this case, knife.If any one has contact with the Alexander family, can you ask them to send me a picture of Travis that I can attach to this blog? There are very few pix available online, most of them are postmortem or posing with Jodi. I'd also like one to post in a blog after the verdict is rendered—as a way of honoring his memory. My email is justdatruth2012@gmail.com Thanks!Continue the conversation in the comments.Follow on Twitter for more updates: @justdatruth2012Other trials blogs you might have missed:Jodi Arias Charming Lying Murdering PsychopathJodi Arias: Breaking Down The RelationshipAlyce LaViolette: A Disgrace To Her ProfessionTravis Alexander: Justice For An Innocent ManJodi Arias: Are Her Supporters At Risk For Domestic ViolenceTravis Alexander and Jodi Arias: As The End of The Trial Looms
Source:http://justdatruth2012.blogspot.com/2013/05/travis-alexander-price-of-justice.html

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