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The Arias Prosecution Rests

Aired April 26, 2013 - 20:00   ET



UNIDENTIFIED MALE: Everybody`s just playing it like Travis is a sexual deviant.

UNIDENTIFIED FEMALE: Jodi was Travis`s dirty little secret.

JODI ARIAS, MURDER DEFENDANT: He wasn`t too affectionate at Sizzler, but that he was very affectionate inside the motel room while we were being physical.

We stayed in the bedroom a lot, but when we hung out downstairs, like, the roommates were there, we were just like friends.

JUAN MARTINEZ, PROSECUTOR: How was it between the two of them during this particular event? Were they distant, were they together? How were they?

UNIDENTIFIED MALE: Affectionate like a couple.

UNIDENTIFIED MALE: She had a very provocative energy and she used her looks and she used that energy especially with men in order to -- you know, to seek favor.

MARTINEZ: She`s wearing what? What is this?

UNIDENTIFIED MALE: That`s a robe from the Hyatt.

MARTINEZ: Is that where you were staying?


MARTINEZ: Did they continue to be affectionate towards each other such that you could see or the public could see?


UNIDENTIFIED FEMALE: Behind the smiles in these photographs, there was a whole `nother reality for Jodi.

ARIAS: He body-slammed me on the floor at the foot of his bed. He said (INAUDIBLE) He called me a (EXPLETIVE DELETED) and kicked me in the ribs.


NANCY GRACE, HOST: Court watchers all across the country were stunned this week not by just the video that was introduced on Travis Alexander, obviously, at a very casual party -- he was sitting on a sofa talking to everyone. But we noticed quickly into it that Jodi Arias in the video had her head in his lap, lying there. Nobody else was lying around, just Jodi Arias with her head in Travis Alexander`s crotch.

That was not what was so surprising. What was surprising was Jodi Arias`s reaction to seeing that video. True, she slept with this guy for months. True, she said he was the love of her life. True, she slashed and shot him to death.

But it was in court when she saw this video that she began to cry. And she got the crazy eyes that she`s -- for which she`s known so well as she was sitting there, looking at the video on her computer monitor.

It really creeped out a lot of people because many people conjectured that that was the same look she had on her face when she murdered him.


MARTINEZ: Was this five-gallon can, that we now know is a can, gas -- was it ever returned for a refund on June 3, 2008?


GRACE: There was a very, very powerful witness this week in court, and it was not a source that you would imagine would be so powerful. It was from a corporate type from Walmart, who had belabored the entire issue and gone through about 30 registers` records for the day, the approximate date, that Arias says she returned those gas cans -- you know, the gas cans she used, that she filled up with gas so she could cross the desert undetected to get to Travis`s home and murder him without leaving a credit card or a video surveillance camera trail behind her?

That gas can? Yes. She says she returned it. No, not according to this witness.


UNIDENTIFIED FEMALE: It was not. And I actually researched that skew (ph) number specifically for about a week. It hadn`t been returned or purchased until about a week later.

MARTINEZ: So in other words, after looking at this, you researched it further to find if there had been another purchase involving this particular gas can, correct?



GRACE: This witness, again, went through hours and hours -- because you know, Walmarts are very often open for 24 hours a day -- on about 30 registers, including customer service, that showed that no such return was made, not for credit and not for cash. And as a matter of fact, the witness went so far as to determine when that item skew number came up again, and told the jury that.


MARTINEZ: So for example, if they were bringing back a five-gallon can and this number wasn`t on there, then it wasn`t sold at Walmart then, right?



GRACE: And she said very politely, almost laughingly, Yes, it took quite a bit of time to perform this research. I bet it did. And it wasn`t about the gas can. It`s not about the gas can, stupid. It`s about credibility. It`s about the fact that Jodi Arias will even lie about a gas can, about getting gasoline in her car. So if she would lie about a gas can, you don`t think she would lie to save her own skin?

The defense wisely did not ask the Walmart witness a single question because they knew they were dead in the water. Why make it worse? Why bloody up the water for the shark to move in -- in other words, for the prosecution to do another redirect examination following their cross. No, they wanted the witness out of the courtroom. And the only way to get the witness out of the courtroom was to not ask any other questions.

Travis Alexander`s former lover, Deanna Reid, took the stand as one of the state`s rebuttal witnesses.


DEANNA REID, ALEXANDER`S FORMER GIRLFRIEND: We decided that we would remain friends.

MARTINEZ: And at that time, when you were having this conversation and he`s emotional and you`ve described yourself as being emotional, at any point did he become physical, such as throwing you down, put his hands on you in any way, shape or form?

REID: Absolutely not.

MARTINEZ: Did he curse at you in any way?

REID: No, he did not.

MARTINEZ: And did he raise his voice in any way?

REID: No, he never raised his voice to me.


GRACE: She testified about a pretty wonderful relationship that she had with Travis Alexander prior to their breakup. They fell apart when she went overseas for a mission trip. She`s apparently a devout Mormon.

The point was not to talk about a seemingly irrelevant relationship. The point was to show that Travis Alexander, when in a romantic relationship with a woman, is not the monster that Jodi Arias describes.


MARTINEZ: Did he ever use phrases with you like, You`re the ultimate shut in bed?


MARTINEZ: And did he talk to you about (EXPLETIVE DELETED) every time?


MARTINEZ: Did he (EXPLETIVE DELETED) on your face?


MARTINEZ: Did he ever call you a whore?




MARTINEZ: A three-hole wonder?


MARTINEZ: Did he ever tell you how he wanted to tie you to a tree, and, quote, (EXPLETIVE DELETED)?


MARTINEZ: Must have had a different relationship than he did with Ms. Arias, correct?

UNIDENTIFIED MALE: Objection, lack of foundation.

MARTINEZ: Did he ever tell you that the way you moan is like a 12- year-old girl having her first orgasm?


TRAVIS ALEXANDER, VICTIM: That was so hot. The way you moan, baby, it sounds like you`re a 12-year-old girl having her first orgasm. It`s so hot!

ARIAS: It sounds like what?

ALEXANDER: A 12-year-old girl having her first orgasm. Like (INAUDIBLE) a little girl.




RICHARD SAMUELS, PSYCHOLOGIST: I`m sorry, I don`t see it that way.


MARTINEZ: I`m not asking you about that, ma`am.

Show me the linebacker pose. That`s what I`m asking for you to do.

ARIAS: He went like that.

MARTINEZ: Right, you wouldn`t see that that way because you have feelings for the defendant, right?

SAMUELS: I beg your pardon, sir!

MARTINEZ: Can you imagine how much it must have hurt Mr. Alexander when you stuck that knife right into his chest? That really must`ve hurt, right?

LAVIOLETTE: I can`t tell whether she`s having an orgasm or not.

MARTINEZ: You can`t even remember what you just said.

ARIAS: I think I`m more focused on your posture and your tone and your anger.

I just said no.

MARTINEZ: And that`s when you shot him in the face, right?

ARIAS: Yes, that`s when the gun went off.

MARTINEZ: I want to know whether or not it was in a holster or not.

ARIAS: I can`t tell you that.

LAVIOLETTE: My expertise is in domestic violence, not in orgasms.


GRACE: I think part of the reason the home video of Arias lying in Alexander`s lap -- the real purpose of that was to defeat the defense allegation that Jodi Arias was mistreated in the relationship.


MARTINEZ: So who is this individual in the upper lefthand corner that seems to be doing most of the talking?

UNIDENTIFIED MALE: Travis Alexander.

MARTINEZ: And there appears to be something blondish or white on his lap. Who was that?

ARIAS: Jodi Arias.

MARTINEZ: And this individual here to the right, do you see who that is?

UNIDENTIFIED MALE: Right next to Jodi?


UNIDENTIFIED MALE: Dan Freeman (ph).

MARTINEZ: And to his left, the individual in the white shirt?

UNIDENTIFIED MALE: Christopher Hughes.

MARTINEZ: And the person that`s sitting there with the black shirt, who is that?

UNIDENTIFIED MALE: Charlie Effington (ph).

MARTINEZ: Do you know about what time this video was shot?

UNIDENTIFIED MALE: Somewhere between probably 11:00 PM and midnight.

MARTINEZ: And this is after the meeting?


MARTINEZ: At some point in this video, what does the defendant do? Do you know whether or not she keeps her head down there or not?

UNIDENTIFIED MALE: No. Eventually, she looks like she gets bored and she lifts his arm off of her and sits up.


GRACE: They, the defense, want the jury to believe that Travis Alexander used and abused Jodi Arias, that when he was in public, he acted like he didn`t even know her, that he would have illicit sex with her and use her up. That`s what they want.


MARTINEZ: And she`s wearing what? What is this?

UNIDENTIFIED MALE: That`s a robe from the Hyatt.

MARTINEZ: Is that where you were staying?


MARTINEZ: And who is this individual here?

UNIDENTIFIED MALE: Travis Alexander.

MARTINEZ: About what time of the day was this taken?

UNIDENTIFIED MALE: Approximately 9:00, 10:00 o`clock at night.

MARTINEZ: And was this after any activities involving PTL (ph) or not?


MARTINEZ: And the activities ended about what time?

UNIDENTIFIED MALE: About the time when the sun goes down. So whatever time that was in June, so probably around, I`d say 8:00-ish, something like that.

MARTINEZ: And after this photograph was taken, were there any days left in this vacation that was involved?


MARTINEZ: And did they continue to be affectionate towards each other such that you could see or the public could see?



GRACE: But this home video showed something quite the contrary, that she obviously was his girlfriend, they obviously were in a loving relationship in front of all of his friends, all of his acquaintances, because if you look at that video, you see people walking back and forth, in and out of the kitchen even. People were coming in and out. It wasn`t just a small group sitting there around the sofa. This seemed to be quite the gathering.

And he was very public in his relationship with Jodi Arias, which totally defeats her claim of mistreatment and lack of recognition of the relationship.


ARIAS: No jury is going to convict me.


ARIAS: Because I`m innocent. And you can mark my words on that one, no jury will convict me.

I made that statement in September 2008, I believe it was. And at the time, I had plans to commit suicide. So I was extremely confident that no jury would convict me because I didn`t expect any of you to be here. I didn`t expect to be here.

So I could have easily said no jury would acquit me, either. I couldn`t say that, though, because there was an officer sitting five feet behind me, and had I told him the reason no jury would convict me at that time, I would have been thrown into a padded cell and stripped down, and that would have been my life for a while until I stabilized.

So I was very confident that no jury would convict me because I planned to be dead, probably the most bitter words I`ll ever eat.

UNIDENTIFIED MALE: I`m sorry, what was that?

ARIAS: I said those are probably the most bitter words I`ll ever eat.


GRACE: Many people believe the defense is grabbing for straws in asking for a voluntary manslaughter charge. I disagree. That`s SOP, standard operating procedure, in every murder one trial. If they were to get a manslaughter conviction, death penalty would be off the table, and there`s mandatory sentencing. In most jurisdictions, it`s usually between one year and 20 years for voluntary manslaughter. Death penalty wouldn`t even be an option.

But the fact that they`re asking for that, that`s not out of the ordinary. It`s normal. What I find to be unusual is that asking for manslaughter is not consistent with saying, I acted in self-defense.


UNIDENTIFIED MALE: The defense calls Jodi Arias.

UNIDENTIFIED FEMALE: Ms. Arias, please stand to be sworn. Raise your right hand. Do you solemnly swear the testimony you`re about to give will be the truth, the whole truth and nothing but the truth, so help you God?

ARIAS: Yes, I do.

UNIDENTIFIED MALE: Did you kill Travis Alexander on June 4th, 2008?

ARIAS: Yes, I did.


ARIAS: The simple answer is that he attacked me and I defended myself.



GRACE: He was attacking me. I feared for my life, so I stabbed him and shot him. That`s one defense. Another defense would be, We got into a violent argument, and I lost control of my faculties. I was so angry that in the heat of passion, I killed him.

That`s two completely different fact scenarios. I find them totally inconsistent. They cannot both be true. So to me, it`s like a crap shoot for the defense. They`re just rolling the dice and seeing what happens. You know, here, here`s four or five defenses, and you need to pick one, jury.

I think that fails. I think the jury wants to believe that the lawyers are telling the truth. And when they give these conflicting defenses, it shows that they`ll do anything to get her off, whether it`s true or not.


MARTINEZ: (INAUDIBLE) killing on June 4th of 2008, it was you that committed that murder, that killed Travis Alexander, correct?


MARTINEZ: Nobody else was involved, right?

ARIAS: That`s correct.

MARTINEZ: And in terms of the, We don`t need anymore than the fingerprint evidence that we have, you`re not disputing that the fingerprint evidence indicates that you were there, right?

ARIAS: That`s right.

MARTINEZ: Same thing with the DNA evidence. It was you that was there, right?


MARTINEZ: Ma`am, after this shot rang out, you said that you went into a fog, right?

ARIAS: Yes, I began to go -- things get foggy after that point.

MARTINEZ: So with regard to the camera, can you tell us what happened to the camera?

ARIAS: I don`t remember what I did with the camera.

MARTINEZ: You acknowledge, though, that immediately prior to the -- what you describe as the killing, the camera was right here in this area next to the tub, correct?

ARIAS: That`s the last place (INAUDIBLE) saw it rolling (ph). I don`t know if it got kicked around or what. I don`t know.

MARTINEZ: But you acknowledge, though, that -- take a look at exhibit 162. First let`s look at the date and time. You acknowledge that this (INAUDIBLE) was taken on June 4th, 2008, at 5:32:16, correct?


MARTINEZ: What time was your understanding that the roommates got home?

ARIAS: I didn`t know.

MARTINEZ: So did you even know if they were there?

ARIAS: I don`t remember if they were there or not at that time.

MARTINEZ: Well, do you remember that one of the things that you told us on direct examination was that when there were roommates, the two of you had to be careful in your sexual trysts so that as not to -- not awaken, but let the others know what was going on. Do you remember tell us that?

ARIAS: That`s correct.

MARTINEZ: So if this was going on on that date, it would be fair to say, based on what you believe, that they were not home, right?

ARIAS: This part of the day?

MARTINEZ: Yes, this part.

ARIAS: No, I don`t think that would have made a difference.

MARTINEZ: What I`m saying, though, is during -- when this happened, you believed that there were no roommates there, correct?

ARIAS: I don`t know what time they got home. I don`t know.

MARTINEZ: And you are wearing socks, right?


MARTINEZ: And there is what appears to be a zipper on that foot, correct?


MARTINEZ: If you look at this further -- let`s orient ourselves. This is Mr. Alexander`s head, correct?


MARTINEZ: Blood right there, right?


MARTINEZ: And that`s his foot, correct?


MARTINEZ: And given the way that the lights are in this particular photograph, the bathroom is in this direction, correct?


MARTINEZ: And you would agree with me that if the camera was there at 2:49, was last seen here -- do you see that?


MARTINEZ: ... and things happened the way you say they happened, we now have this photograph, that you were the one that moved that camera, right?

ARIAS: It could have been us both. I don`t remember moving it.

MARTINEZ: Well, based on what you tell us, there`s this gunshot that rings out, right?


MARTINEZ: And then you don`t remember anything, right?

ARIAS: I didn`t say that. I said it got foggy after that point. The point where I can`t remember anything is after he said -- well, after he threatened my life.



ALEXANDER: ... going on for six years.





UNIDENTIFIED FEMALE: "Why is it that you have no memory of stabbing Travis?"

ARIAS: I can`t really explain why my mind did what it did, maybe because it`s too horrible. I don`t know. I really don`t know the answer as to why I blacked out or have memory gaps that -- much of that day.


GRACE: This week for the first time, we hear the judge seemingly putting the lawyers on a little bit shorter leash timewise. She is insisting that we go into closing arguments at the end of next week. We`ll see if that really happens.

CASAREZ: It is going to be a packed courtroom. It is going to be a courtroom that is filled with emotion, filled with stress, filled with anticipation, and filled with people on both sides wanting justice.

GRACE: You can blame the judge all you want to, but the reality is this. Either you sequester the jury and make them absolutely miserable and you lose jurors, they drop like flies -- can you imagine being away from your children, your home, your job for months on end? Better to keep them unsequestered.

Also, she gives them banker`s hours. She gives them time in the morning before testimony starts to get whatever done they need to get done, go to the dentist, go to the bank, go to the grocery store. Same thing in the evenings. If not, there would be a revolt. That is why she`s kept the hours that she has.

This is the first time she`s really put down the hammer timewise, and I think she`s right. But when push comes to shove, if the defense wants a particular surrebuttal witness or they want longer for closing arguments or they need more time for a jury charge conference, whatever the case may be, she`s going to let them do it.

Why? If she doesn`t, it could be construed to be reversible error, and we`ll retry this whole thing in about two years. Is that what you want? I don`t.


UNIDENTIFIED FEMALE: "If you still felt threatened after having shot Mr. Alexander, why did you use a knife instead of just shooting again?"

ARIAS: Well, I know that I dropped the gun when he hit me, and I don`t know where the gun went because when we fell, it was no longer in my hands. And I don`t really remember picking up the knife. I just remember feeling threatened.


GRACE: A very interesting point was made on rebuttal by the prosecutor, Martinez, with the help of Detective Flores on the stand. They went through methodically Jodi Arias`s claim that she climbed up the closet shelves in Travis Alexander`s home to reach back and grab a gun that only she knew about.

They showed really beyond a shadow of a doubt that that would be impossible. The shelves Alexander had were not really weight-bearing shelves. They could hold, you know, a pair of shoes maybe, but certainly not the weight of a human, an adult human.

Photos were brought in, measurements were brought in to completely discredit Jodi Arias`s story. And you know, it`s not about the shelves. Just like I said earlier, it`s not about the gas cans, it`s about showing that Jodi Arias lies at every turn of the hand.


MARTINEZ: Did you have occasion to place your hand, for example, on one of the shelves to see what would happen if you put your hand on the shelf?


MARTINEZ: And taking a look at 644, does that show what happened when you put your hand on the shelf?


MARTINEZ: And this is what happened?



GRACE: Detective Flores back on the stand under oath made it very clear there was no evidence whatsoever Travis Alexander ever had a gun in the home -- no gun license, no ammunition, no holster.


MARTINEZ: Was there ever a holster that was found?

FLORES: No, there was no holster found.

MARTINEZ: Was there ever a gun case that was found?

FLORES: No, there was no gun case found.

MARTINEZ: Were there any indications that a gun had ever been there? For example, were there any spare bullets of any caliber found throughout the house?

FLORES: Nothing.

MARTINEZ: Were there any cleaning kits, if you will, for a gun found anywhere in the house?



GRACE: Detective Flores back on the stand under oath made it clear there was no evidence whatsoever Travis Alexander ever had a gun in the home -- no gun license, no ammunition, no holster, no directions, no box, nothing, nothing to suggest he had ever owned a gun or had one in the home.


UNIDENTIFIED FEMALE: "After all the lies you have told, why should we believe you now?"

ARIAS: Lying isn`t typically something I just do. I`m not going to say that I`ve never told a lie if my life before this incident, but the lies that I`ve told in this case are -- can be tied directly back to either protecting Travis`s reputation or my involvement in his death in any way because I was very ashamed of the death. And also, I wanted to edify Travis in a good way. I didn`t want to de-edify him or say hateful things about him, especially now that he had passed away. And I also didn`t want that to be construed as motive, for example, if he was violent with me.


GRACE: Very interesting, at the tail end of the trial, Jodi Arias`s grandmother comes to court. I guess at this point, the defense thinks that they need to do everything they can to make the jury have pity on her. And I guess part of their ploy is even if you hate Jodi Arias, even if you think she`s a dyed-in-the-wool murderer, have pity on her mother and grandmother and don`t send her to the death penalty.



MARTINEZ: And you`re the individual that conducted the medical examination or autopsy of Travis Alexander`s body, correct?


MARTINEZ: And one of the things that you were able to determine was that there was a gunshot wound, correct?


MARTINEZ: Taking a look at exhibit 207, is this the gunshot wound that you found?


MARTINEZ: In terms of this particular gunshot wound, what organ did it strike? And what effect would it have had on Mr. Alexander if it had been the first injury to his body?

UNIDENTIFIED MALE: It passed through the front of the right side of his skull and would have injured the right frontal lobe of his brain and would have been very rapidly incapacitating.

MARTINEZ: When you say very rapidly incapacitating, what does that mean if you -- to those of us that are not in the medical profession? Would he have gone down? Would he have stood there? Would he have crawled? What would have happened?

UNIDENTIFIED MALE: He may have been able to take a step or two, probably would have collapsed and lost consciousness within seconds.


GRACE: I think the state`s rebuttal case has been very, very good. It was brief, it was to the point, and it specifically rebutted several of Jodi Arias`s most glaring lies.

And again, the point is not to win the case based on a gas can or a shelf, it`s winning a case based on credibility. The jury is the sole judge of credibility. And there is a charge the judge will likely give this jury that says, if you disbelieve a witness in any part, you may, jury, disbelieve their entire testimony, which means they could throw out Jodi Arias`s entire testimony if she`s been caught in a lie.


UNIDENTIFIED FEMALE: With regard to her truthfulness, the lies or the lack of truthfulness, the lies that she told, when did those start happening?

LAVIOLETTE: After Mr. Alexander was killed.

UNIDENTIFIED FEMALE: And given the fact that she lies about killing Mr. Alexander, right...


UNIDENTIFIED FEMALE: And did she lie about whether or not she was even there?

LAVIOLETTE: Yes, she did.

UNIDENTIFIED FEMALE: And then did she change her story and have another lie about two people, two intruders that supposedly killed Mr. Alexander?

LAVIOLETTE: Yes, she did.

UNIDENTIFIED FEMALE: Given all of these lies that she told after June 4th, 2008, do they define her for you? Do they cause you problems in her believability?

LAVIOLETTE: No, they don`t.


LAVIOLETTE: Because if Ms. Arias was a really good liar, she would have planned a really good lie, and she didn`t.




MARTINEZ: Did you lie to the detective?


I was nowhere near Mesa.

I was nowhere near Phoenix.

The last time I had any kind of sexual contact with Travis was in April.

I didn`t kill Travis. I just didn`t -- I did not take his life.

MARTINEZ: Did you lie to "48 Hours"?


It was the scariest experience of my life. It just was so unreal.

I witnessed Travis being attacked by two other individuals.

They know where I live. And they know where my family is.

MARTINEZ: Did you lie to people in Utah?

ARIAS: Yes. Everyone.

UNIDENTIFIED MALE: So you`ve never seen his camera, his new camera?

ARIAS: I don`t know. He described it.

UNIDENTIFIED MALE: Did you ever touch his camera?

ARIAS: I`ve never seen it.

MARTINEZ: When he was in the shower, you began to snap photographs of him, correct?


It slipped out of my hand.

UNIDENTIFIED MALE: Did you kill Travis Alexander?

ARIAS: Absolutely not.

UNIDENTIFIED MALE: Did you kill Travis Alexander on June 4th, 2008?

ARIAS: Yes, I did.


GRACE: I was very impressed by the speed with which the state`s rebuttal witnesses were called. They`re trying to move the case. And if you just look at the numbers, they put up many, many witnesses in a far shorter time than the defense did. It seems like the defense is dragging their feet. But hey, every day she`s in the courtroom is another day of innocence.

JEAN CASAREZ, "IN SESSION": What we`ve learned, that although the judge or a judge tells a jury that a trial may be over by a certain date, a trial takes a life of its own. And if the trial isn`t over, the trial isn`t over and you keep going.

We are now nearing the end of April, long past the date the judge gave the jury of April 11th. And the trial is nearing the end of the guilt phase, but if there`s a first-degree murder conviction, it will then go into the aggravation and penalty phase for this jury to determine if Jodi Arias is sentenced to death.

GRACE: The defense should absolutely be allowed to put on a surrebuttal case because whether it`s actually relevant or not doesn`t matter. What matters, if the judge disallows it, they`ll appeal on that ground and maybe win. So why risk it?

CASAREZ: This is very significant for the defense. They are asking the judge to include the heat of passion manslaughter. And here`s what the prosecution will fight against, and here`s what the defense will want, that Jodi intentionally killed Travis, that she did so because of some quarrel or heat of passion.

Something happened in that bathroom so extraordinary that she couldn`t contain all of the emotions and everything that was inside of her. And the provocation has to come from Travis Alexander. So she drops the camera and he curses at her about what she did and he lunges for her.


MARTINEZ: Show me the linebacker pose. That`s what I`m asking for you to do.

ARIAS: OK. He went like that and he turned his head and he grabbed my waist.

MARTINEZ: Just like that, correct?

ARIAS: Pretty much.

MARTINEZ: And he grabbed your waist, right?

ARIAS: I can`t say it`s just like that, but that`s what I remember...

MARTINEZ: No, just -- just -- I want -- without talking, just show me the pose.

ARIAS: He got down like that...

MARTINEZ: Like that? All right, go ahead and have a seat, ma`am.


CASAREZ: That would have to be the act right there that would create and begin that heat of passion that`s uncontrollable. Now, the law states it cannot just be words. There has to be action. So the words that Travis may have said when she allegedly dropped the camera, that`s not enough. It`s got to be the violent act that he did toward her physically that resulted in that killing. The defense is most likely going to be able to argue it.

GRACE: "The National Enquirer" has reported that Arias is now trying to pen a tell-all book to make money off her notoriety or her infamy when she gets out from behind bars, confident she will never be convicted. In that tell-all, she apparently blames Alfred Hitchcock`s movie "Psycho" for Travis`s death, claiming that Travis wanted to reenact (INAUDIBLE) I think it`s just another one of Jodi Arias`s lies.


UNIDENTIFIED FEMALE: "Jodi stated she shot Travis in the middle of the bathroom. If that were true and he would have started bleeding from his nose and mouth, wouldn`t there have been blood found in the middle of the bathroom floor?"

UNIDENTIFIED MALE: Normally, if you`re shot in the brain, there`s going to be blood associated with that. So there would be bleeding where the injury occurred. I would expect that, yes.

UNIDENTIFIED FEMALE: "Is it possible you could be wrong about Travis being able to ambulate for only a few seconds after the gunshot?"

UNIDENTIFIED MALE: I don`t believe so, no.

UNIDENTIFIED FEMALE: "Can you explain what could happen to cause a different outcome?"

UNIDENTIFIED MALE: I don`t understand the question.

UNIDENTIFIED FEMALE: "What could happen that could allow Travis to still move well and for a longer length of time?"

UNIDENTIFIED MALE: If the bullet had not passed through his brain, that could change the outcome.

UNIDENTIFIED FEMALE: "Can you explain why you think Travis was still alive when his throat was cut?"

UNIDENTIFIED MALE: Because of the large amount of hemorrhage into the soft tissue around the throat wound. That requires a beating heart.

UNIDENTIFIED FEMALE: "How frequently have you seen injuries with a .25 caliber weapon?"

UNIDENTIFIED MALE: Probably at least 100, 200.




MARTINEZ: According to your version of events, you would acknowledge that that stabbing was after the shooting, according to you, right?

ARIAS: I don`t -- yes. I don`t remember!

UNIDENTIFIED FEMALE: "How frequently have you seen injuries with a .25 caliber weapon?"

UNIDENTIFIED MALE: Probably at least 100, 200 times.

MARTINEZ: If the gunshot wound was the first event -- if the gunshot were the first injury -- if the gunshot wound was the first wound, what effect would it have had on Mr. Alexander, if it had been the first injury to his body?

UNIDENTIFIED MALE: He may have been able to take a step or two, probably would have collapsed and lost consciousness within seconds.

ARIAS: The gun went off, he -- while he was lunging at me, we fell over. He was grabbing at my clothes. He was trying to get on top of me. We were struggling and wrestling.

UNIDENTIFIED MALE: Because of the injury to the brain, would have rendered him unable to raise his hands to offer any sort of purposeful action.

ARIAS: The moment I broke away, that`s when the threatened my life. He said (EXPLETIVE DELETED) kill you, bitch.

I know he was screaming and cursing.

UNIDENTIFIED MALE: And because of the injury to the brain would have rendered him unable to verbalize anything.

MARTINEZ: Would he then be able to walk, get up and walk, go to the sink, and then ambulate down the hallway if the gunshot wound were the first event?


MARTINEZ: And you told us that he was cursing at you, right?


MARTINEZ: And that he threw you down, right?


UNIDENTIFIED MALE: With a head injury, a brain injury, I don`t think he`s going to be able to do that.

MARTINEZ: I don`t have any other questions. Thank you.


GRACE: The defense should absolutely be allowed to put on a surrebuttal case because whether it`s actually relevant or not, it doesn`t matter. What matters, if the judge disallows it, they`ll appeal on that ground and maybe win. So why risk it?

CASAREZ: The timeline of this case is extremely important. Most critical are those days preceding and June 4th itself. We have learned that on June 3rd, the day before the killing -- and we`ve learned this through the rebuttal case -- that Jodi Arias went to Salinas. Before she went into Walmart, she took pictures of her face and her hair. It looks like she`s in a car. And she`s got very brown hair.


MARTINEZ: Which is later? In other words, which came later, the Walmart receipt or the photograph?

UNIDENTIFIED MALE: The Walmart receipt. That would be 3:22.

MARTINEZ: If this is taken at 2:25 PM, wouldn`t the Walmart receipt come after?


MARTINEZ: OK. And this is the photograph, correct?


MARTINEZ: I just want to show you exhibit 452. See that?


MARTINEZ: Exhibit 637 was taken what date and time?

UNIDENTIFIED MALE: June 3rd, 2008, at 2:12 PM.

MARTINEZ: And that`s the photograph, correct?


MARTINEZ: Take a look at exhibit 414. Exhibit 638 was taken at what date?

UNIDENTIFIED MALE: June 3rd, 2008, at 2:28.

ARIAS: At this point, I didn`t even know that -- if he had been shot. I didn`t see anything different. He was just -- we were struggling and wrestling, and he`s a wrestler. He had wrestled in high school. And he was getting on top of me.

And I didn`t want him to get on top of me when he had done that in the past, I can`t get out of those holds that he did. So he`s grabbing at my clothes, and I got up. And he`s just screaming, angry. And after I broke away from him, he said (EXPLETIVE DELETED) kill you, bitch.

Well, after the gun went off, I thought, Crap, because now he`s really going to be pissed. I didn`t know that I shot him. I thought I`d shot a hole in the wall or something. And I`m thinking he`s really going to be pissed at me now. Now he`s telling me he`s going to kill me, and I think after he said that -- he had almost killed me before.


CASAREZ: Closing arguments are set for two days. So that tells us they`re going to be long. They`re going to be detailed on both sides. And the jury knows that they will be the ones to decide the question of fact. Is Jodi guilty? Is she innocent?


MARTINEZ: Well, if he`s already been shot, according to you, and he`s facing away from you, how could he possibly be any threat to you?

ARIAS: I could only guess! I don`t know what you`re asking me!

MARTINEZ: Well, with regard to the -- you were here when the medical examiner testified about the wound to the throat. Do you remember that?


MARTINEZ: With regard to that wound, ma`am, you would acknowledge that that was -- in terms of the stab wounds, would you acknowledge that that was the last wound in the sequence of events.

UNIDENTIFIED MALE: She said she doesn`t remember.


UNIDENTIFIED MALE: How could she acknowledge the sequence of the stabs if she doesn`t know the -- when -- doesn`t have any memory of it?

UNIDENTIFIED FEMALE: That wasn`t the question. Overruled. You may answer the question.

ARIAS: Are you talking about his testimony?


ARIAS: I disagree with the sequence of events.


GRACE: I expect the courtroom in closing arguments to be quiet, focused. I think you`ll be able to hear a pin drop because everyone wants to hear every single word. That`s the final word to the jury.