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Nancy Grace

Arias Jurors` Sex Questions

Aired June 10, 2013 - 20:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

(BEGIN VIDEO CLIP)

JUAN MARTINEZ, PROSECUTOR: Ma`am, were you crying when you were shooting him?

JODI ARIAS, MURDER DEFENDANT: I don`t remember.

MARTINEZ: You keep saying like a linebacker. What does that mean?

UNIDENTIFIED FEMALE: First degree murder, guilty.

ARIAS: He called me a skank.

MARTINEZ: And they`re not true?

ARIAS: Neither of them.

UNIDENTIFIED MALE: After having sex with Alexander.

UNIDENTIFIED FEMALE: "After all the lies you have told"...

MARTINEZ: Were you crying when you were stabbing him?

ARIAS: I don`t remember!

Well, it`s all the same thing. It`s just different versions. Couldn`t keep my lies straight.

UNIDENTIFIED MALE: She attacked him when his guard was down.

ARIAS: Linebackers kind of get down low and crouch, and then they attack.

UNIDENTIFIED FEMALE: "Why should we believe you now?"

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 grabbed my waist.

MARTINEZ: Just like that.

UNIDENTIFIED MALE: While he was posing for these photos in the shower.

ARIAS: I`m not going to say that I`ve never told a lie in my life before this.

UNIDENTIFIED FEMALE: ... that the defendant should be sentenced -- no unanimous agreement.

MARTINEZ: How about when you cut his throat, were you crying then?

ARIAS: I don`t know!

MARTINEZ: It`s because I want to give you a nice (INAUDIBLE)

ARIAS: We were in his bedroom on his bed. I don`t know what you mean, the same thing. If you`re talking (EXPLETIVE DELETED) the same thing.

MARTINEZ: Was KY involved in this grinding activity?

ARIAS: Sometimes yes, sometimes no.

(END VIDEO CLIP)

NANCY GRACE, HOST: Good evening. I`m Nancy Grace. I want to thank you for being with us.

After a stunning deadlock in the Jodi Arias murder one trial, bombshell tonight. In the last hours, an incredible U-turn by the Jodi Arias camp. There`s a brand-new Arias defense. Yes! At retrial, which is set to start July 18th, there`s a brand-new defense now. They are now claiming Jodi Arias is mentally ill. Not just a mean stalker with a murderous bent, she`s actually mentally ill.

And as we go to air tonight, we obtain a shocking look behind jury deliberation doors and in judge chamber smackdowns between Jodi Arias`s lawyers, Martinez and the judge herself. Was this jury completely obsessed with Jodi Arias`s sex life and her boob job? Yes, you heard me right.

First of all, straight out to Jean Casarez, joining me out in the field. Jean Casarez, HLN correspondent, is it true that the new defense they are now claiming that Jodi Arias is mentally ill?

JEAN CASAREZ, HLN LEGAL CORRESPONDENT: Yes, it is. It is very correct. You know, they were so silent during the trial, but now really doing sort of a media campaign to say that if, in fact, Jodi Arias has borderline personality, as the prosecution expert stated, then the state is seeking to kill someone who is mentally ill.

GRACE: Whoa! Whoa! And I would like to say they have also thrown into the pot, have they not, Matt Zarrell, that, Hey, this whole thing is just costing too much. Isn`t the defense, like, throwing that into the mix? It`s like a big stew. They`re claiming that now Jodi Arias is mentally ill and the whole thing just costs too much? But give me the numbers, Matt Zarrell. What`s the truth?

MATT ZARRELL, NANCY GRACE PRODUCER (via telephone): Well, the truth is, Nancy, that the state has already spent over $2 million of public funds to defend Jodi Arias, and the defense attorneys have billed for a lot of money. So to now argue that -- whether it`s a good use of proper taxpayer resources to prosecute her again and try and get the death penalty again, I don`t see the argument, how it holds water, Nancy.

GRACE: Straight out to Beth Karas also joining us. Remember, Beth Karas, Jean Casarez, Alexis, all of us there. Hey, Beth, what do you think about this, a stunning U-turn? Now we find out about papers filed by the defense while they think nobody`s looking -- but guess what, we are looking -- saying that she is mentally ill.

BETH KARAS, HLN LEGAL CORRESPONDENT: Well, to say that the state is trying to execute a mentally ill person is putting a little bit pressure of on the state to take death off the table. But our prisons are full of people who are borderline personality disorder and other mental illnesses. And that doesn`t mean that they aren`t ripe for execution. What the U.S. Supreme Court has said is that if a person is mentally retarded, is of a very low IQ, then they cannot be executed.

GRACE: But Beth, Beth...

KARAS: But she doesn`t fall within that category...

GRACE: ... I`m so glad you said that because, you know, Jodi Arias was so proud and actually compared herself to Einstein. She actually compared herself and said her IQ was higher than Einstein. What, am I the only one that remembers that, Alexis Tereszcuk -- Alexis, senior reporter, Radaronline.com?

ALEXIS TERESZCUK, RADARONLINE.COM: You are not the only one that remembers that. You`re exactly right. That`s what Jodi said. She said she was so smart, her IQ was so high that she was as smart as Albert Einstein. And was trying to show oftentimes on the stand that she was smarter than the prosecutor, correcting his grammar and correcting the structures of his sentences.

But the jury didn`t buy it the first time. They actually said, No, not true. You are guilty of first degree murder.

GRACE: So what is happening, everybody, as this all gears up -- and I`ve got more news for you. We`ve gotten some statements from Martinez, some filings, courthouse filings that we`ve uncovered, that suggest he`s raring to go forward come July 18.

So all that hoopla about he`s going to have a sweetheart deal with Arias and she`s going to walk in 20 years, yes, that`s not happening based on what we are seeing Martinez stating in official court documents that we`ve just uncovered.

They`re all thinking all this is going under the radar, but we are at the courthouse, getting the filings as they are happening. So what we`re learning about tonight, everybody, is a stunning U-turn by the Jodi Arias defense, now claiming as a new defense Jodi Arias is mentally ill.

Not only that, prosecutor Martinez has given notice of the witnesses that he is calling when they ramp up for trial in just four short weeks, a retrial on Jodi Arias.

I want to go back out to you, Jean Casarez, claiming that she`s mentally ill, explain how -- how that -- what are they using as their basis?

CASAREZ: They`re using the diagnosis from the prosecution expert, which they battled in court and told the jury that borderline personality did not exist. But Nancy, we saw a hint of this in their closing argument, where they said if you believe she does have borderline personality, then this was something that she just exploded on the scene with as she killed Travis Alexander.

GRACE: Not only that, everyone, filings now that Martinez is ramping up to head straight back into trial, as many of you predicted.

Out to the lines. Michelle in Texas. Hi, Michelle. What`s your question.

UNIDENTIFIED FEMALE: I was wondering, how did the judge decide what questions to ask from the jury and what questions not to ask?

GRACE: OK, Michelle in Texas, you must be clairvoyant because in addition to these new filings, we have found out what exactly -- actually gotten our hands on transcripts about what happened behind jury deliberation doors, their questions. And not only that, we`ve also found out about smackdowns in the judge`s chambers between the lawyers and the judge herself.

Take a listen to this. This is all about Jodi Arias`s boob job.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: "It was brought up earlier in trial that you had breast enhancement done while living in the house with Darrell (ph). Can you explain why you did that given the financial strains you and Darrell were experiencing?"

(END VIDEO CLIP)

GRACE: And later on, we have transcripts, official court transcripts, and behind-doors smackdowns by the judge regarding Jodi Arias`s breast photos.

OK, but first, let`s deal with the boob job. Unleash the lawyers. Joining me, Burke Strunsky -- Burke is senior deputy district attorney and author -- Monica Lindstrom, defense attorney there in Phoenix. Also with us, Kirby Clements, defense attorney joining us out of Atlanta.

But first, hold on. New York why are you showing the naked photos of Jodi Arias? Guys -- they`re coming in my ear. Just cool it on the photos for a moment.

Let`s go back to the lawyers. Let`s see them, Burke, Monica, Kirby Clements. Who knew that those male jurors -- I guess they`re the male jurors -- were so fixated on Jodi Arias`s boob job. That bothers me. Burke?

MONICA LINDSTROM, DEFENSE ATTORNEY: It doesn`t mean that they were...

GRACE: You are Monica. I`m talking to Burke Strunsky, the senior deputy DA joining me out of LA. Isn`t that bothering you a little bit that male jurors were asking about Jodi Arias`s boob job when they`re supposed to be deliberating for a true verdict?

BURKE STRUNSKY, SR. DEPUTY DA: Well, I don`t know if it matters who`s thinking about it, it`s inappropriate to think about it. But how could they help it? All we heard throughout the sex (sic) presented by the defense were things about sex, all the sex tapes, completely irrelevant.

The jury was thinking about these things that they should never have been thinking about. It had nothing to do with guilt, and ultimately, it had nothing to do with what the appropriate punishment was going to be.

GRACE: That`s a good point, but it still concerns me. Maybe it doesn`t bother you. Maybe you were thinking about her boob job, too, Burke, for all I know. I was not thinking about Jodi Arias`s boob job during this trial. I was thinking about Travis Alexander decapitated in the shower.

Monica, does it not concern you, if you can take off your defense hat just a moment, that the jury is actually asking questions about Jodi Arias`s breast job, her gel implant? That doesn`t bother you?

LINDSTROM: Well, Nancy, it always bothers you when you hear a question that you`re thinking, What? That has nothing to do with it. But remember, the jurors are just normal people. They have questions floating around in their head all the time, just like we do as normal people.

GRACE: I didn`t.

LINDSTROM: So they heard something that concerned them, and so they just asked the question. And they`re entitled to do that. So whether we like the question or not, they`re allowed to ask the question. They`re just normal people.

GRACE: OK, Monica, Monica, Monica, I appreciate you giving me a recap on the law. I get it. But Kirby Clements, I actually saved you to last because I didn`t want to go to you because I know you`re going to have kind of a smart-alec answer about her boob job. But Kirby, could you just pretend for a moment that you`re still a prosecutor, like we were back in the good old days, when you were fighting for justice instead of fighting to save your defense client?

What does it mean to you as a prosecutor that you`ve got male jurors on the jury asking questions -- asking questions about Jodi Arias`s boob job?

KIRBY CLEMENTS, DEFENSE ATTORNEY: Well, two things. I fight for truth, justice and freedom as a defense lawyer.

GRACE: Right.

CLEMENTS: And secondly, the fact -- this was a -- this trial ended up being somewhat of a circus. So you would expect that. They had a lot -- they injected sex into this, and now the jurors asked questions that death with sex. It was a logical thing, I don`t think it really...

GRACE: But none of you are going to -- none of you are going to answer.

OK, I`m going to go to somebody else. Susan Constantine, you`re the jury consultant. Can anybody tell me the truth, or do I have to go out to the callers? You all know that there`s something a little wrong with the male jurors asking questions about her boob job. Am I the only one that`s going to just put it out there?

SUSAN CONSTANTINE, JURY CONSULTANT: You know, Nancy, you know what we`re really looking at, guys are guys, and that`s what they`re fixated on, you know? They`re listening to all these (ph) sex and looking at those videos. You know, they`re hearing all about their sexual acts and talk about the boob job. And you know what? They`re enthralled. They`re excited. It creates an excitement for them. So really, you know, it was distasteful and everything, but you know, guys are guys. I hate to say it, but guys are guys.

GRACE: OK. Susan, I was expecting you to throw me a little bone and support me. Nobody is. But I guarantee you ladies that are watching this show tonight, you know that there`s something wrong with a jury, especially the male jurors, asking questions. This is a -- Matt Zarrell, this is a documented jury question about her boob job. Beth Karas, help me out here!

KARAS: You know, Nancy, it`s actually quite a good question. I actually -- I don`t know when she got the breast enhancement, but it was done for purely cosmetic reasons, not medical reasons, so it`s not covered by insurance. It was a really good question because she was having a lot of financial problems. She was maxed out on her credit cards. She was losing the house she was sharing with Darrell Brewer (ph). Yet she spent thousands of dollars, presumably, because I think that`s it is, thousands of dollars -- we`re not talking hundreds of dollars -- to have breast enhancements. So it was a really good question on the part of the jury that didn`t get asked.

GRACE: So she wants to pay thousands of dollars for silicone implants, but she`s carrying gasoline cans in her trunk to save money on gas!

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: He tells her that he`s horny and they have oral sex. She performs oral sex on him in a car in a parking lot.

UNIDENTIFIED FEMALE: After she performs or gives him oral sex, does he leave?

UNIDENTIFIED FEMALE: He does. He gets in his car and he leaves.

UNIDENTIFIED MALE: "The only way she gets this information is through the defendant, not the journal (ph), but through the defendant. There`s a lack of trustworthiness here. She`s a liar."

(END VIDEO CLIP)

GRACE: You know, everyone, in the last hours, we are learning so much about what went on behind jury deliberation doors and behind the judge`s chamber`s doors, things that we were not privy to. And every time they would go up to those sidebars and turn on that machine that would go (INAUDIBLE) so you couldn`t hear anything, now we`re finding out what was said, this amongst -- amid a stunning U-turn by the defense. New defense for Jodi Arias, she`s mentally ill. Yes, crazy, crazy like a fox, according to many court watchers.

But I want you to take a listen to what we have learned went on in the sidebars. Listen to this.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: "And why is she reciprocating? The truth of it is she`s saying, for example, I can`t wait to get together with you so we can make a porno flick. I want to see you stick your (EXPLETIVE DELETED) between my (EXPLETIVE DELETED). I want them to see the left side of my face. I don`t want them to see your feet. It`ll be so artistic. So it`s being offered for the truth of the matter asserted, which is that`s what they want to do. They`re saying that he broke down barriers. Well, there`s no breaking down barriers. It was a mutual thing and they both wanted to do this. And so I believe it`s being offered for the truth of the matter asserted."

UNIDENTIFIED MALE: "I`ll start with Mr. Neumeister (ph). My understanding is he`s going to testify that certain words on a tape were uttered. He`s compared them. They were uttered by Mr. Alexander. That`s not the issue with regard to that. And what I`m trying to avoid is having to squawk up like a jack-in-the-box every five minutes. But in view of the fact that those statements by Mr. Alexander are hearsay, I just want to avoid having to constantly object to those."

"Our position is that we know that it`s Mr. Alexander`s voice there, so that`s not going to be an issue. The issue is, in our view, that it can`t be played because it is hearsay. If you want, I can tell you basically what it says. It`s a sex tape, and I know what their defense is. So I know it`s offered for the truth of the matter asserted. If you want, I can give you, like, a quote which is a sample. I know it`s harsh, so I apologize. But he says at one point, You know, when I come up there, I`m going to stick it in your (EXPLETIVE DELETED). And she responds, You know, oh, laughs and says, That`s so debasing, but I like it. And so I mean, that`s sort of the general gist of what that is."

"And I believe there`s two pictures of Mr. Alexander`s penis, and then there`s three pictures of the defendant`s breasts. Quite frankly, I don`t think he can distinguish those to whose penis those are or whose breasts those are. We know they`re there."

(END VIDEO CLIP)

GRACE: Artistic? She wants to -- Jodi Arias wants to create an artistic porn flick, show my left side of my face but not your feet?

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

ARIAS: He (INAUDIBLE) kick me again, and I put my hand out and -- to block his foot, and it clipped my hand, clipped my finger.

UNIDENTIFIED MALE: "Would it be possible to see what Jodi`s hands look like when draped over her shoulder now?"

UNIDENTIFIED MALE: Can we see you recreate the pose we see in exhibit 452?

(END VIDEO CLIP)

GRACE: Bombshell tonight. We get documents that give us a peek, a look at what was going on behind jury deliberation doors, and not only that, what was going on during all of those melees, those smackdowns, throwdowns behind the judge`s chamber doors when we were kept on the outside. This as court filings show the defense is claiming Jodi Arias is now mentally ill, and that Martinez is set to go back to trial in four short weeks, already giving us his witness list upon retrial.

We are taking your calls. Straight out to Karen. Hi, Karen. What`s your question?

UNIDENTIFIED FEMALE: Hi, Nancy. Thanks for all you do, for being the voice to the victims.

GRACE: Thank you.

UNIDENTIFIED FEMALE: Yes. I really -- I really love you. I love what you`re doing. But here`s my thought. I think that a long time ago, Jodi was going to set Travis up to be a pedophile because there`s so many youthful connotations to their sex life. There was the Tootsie Rolls, the lollipops, the braids, Little Red Riding Hood. In their sex tape, I guess they were talking about Iron Man and movies that are, you know, based on comic book characters. And I think -- I really do believe that at some point, she knew what she was going do, and she was setting him up. That`s what I think.

GRACE: Good question about it being a set-up because I also have this for you, as soon as they can cue it up in control room, that everyone was pretty convinced Travis Alexander did not know he was being taped on that sex tape.

And out to you, Beth Karas. That became a big part of the defense, to show his deviant sex preferences. But now we learn from these secret transcripts we`ve just gotten ahold of that everyone was pretty much in agreement he didn`t know he was being taped. All of that was created by Arias and her defense team.

KARAS: Right. And it`s hard to refute, except that it just is irrational to think that he would have consented to that. They`re a thousand miles apart. She said he wanted a tape. What was he going to do with it? The more likely scenario -- and it`s entirely speculative, but it`s -- it`s possible that she was using -- taping him to use against him in the future...

GRACE: Absolutely!

KARAS: ... threatening him, What if your girlfriends hear of these things that you`re saying to me?

GRACE: Absolutely. All of these stunning revelations -- we`re now learning -- gee, I wish the jury could have known some of this. Take a listen to what we uncovered.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: "Is it clear on the tape that Mr. Alexander was aware he was being recorded?"

UNIDENTIFIED MALE: "No, he wasn`t."

UNIDENTIFIED MALE: "How can he say that? How do you know that?"

UNIDENTIFIED MALE: "Because of the way he`s talking. Who is going to tell us that he knew he was being recorded other than the defendant? I mean, no one can tell us that."

UNIDENTIFIED MALE: "Right, and no one can tell us that he didn`t. You seem to be saying you can just conclude that."

UNIDENTIFIED MALE: "I am concluding that."

UNIDENTIFIED MALE: "Based on what? I don`t want to get into"...

UNIDENTIFIED MALE: "Of what I hear."

UNIDENTIFIED MALE: "It`s so ridiculous."

UNIDENTIFIED MALE: "You brought it up."

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: "Did you enjoy having sex with Travis?"

TRAVIS ALEXANDER, VICTIM: I`m going to tie you to a tree and put it in (EXPLETIVE DELETED)

ARIAS: ... involved sex.

I like it!

For the most part, yes I did.

UNIDENTIFIED MALE: She knew his dirty little secret.

ARIAS: There were things I was uncomfortable with.

That is so debasing! I like it!

UNIDENTIFIED FEMALE: "If you didn`t want to be tied up to a tree"...

ARIAS: I didn`t feel altogether forced.

(INAUDIBLE) think about having sex with you every day! (INAUDIBLE)

This Little Red Riding Hood fantasy (INAUDIBLE)

UNIDENTIFIED MALE: And she was his dirty little secret, wasn`t she?

ARIAS: I`m game for almost everything you come up with.

(END VIDEO CLIP)

GRACE: Welcome back, everybody. Bombshell tonight. We get a stunning look behind jury deliberations doors and in the judge`s chambers to discover apparently many of the jurors obsessed with Jodi Arias` sex life and her boob job, even asking official jury questions of Arias about her boob job. The questions were disallowed, so we never knew until now that we get our mitts on these documents that they were asking questions about her breasts. Not only that, I would say a good third of the juror questions turn out to be about Jodi Arias` sex life and the sex tape. Stunning disclosures, this as we learn the new Jodi Arias defense, she`s mentally ill.

So buckle your seat belts. It`s bumpy. A new retrial set to start July 18. Martinez filing documents that he is raring to go, already releasing his witness list.

We are taking your calls. But first, let`s take a listen to some of what we discovered.

(BEGIN VIDEO CLIP)

NURMI: And so what this evidence proceeds, I mean, when Ms. LaViolette testifies later down the road, we will talk about the breaking down of boundaries, how Mr. Arias has certain boundaries and how Mr. Alexander broke those down, that sort of thing. So it`s entirely relevant to not only her self-defense but also anything that can give rise to sudden heat of passion. The fact -- it`s not limited to tying her to a tree and putting it in her [EXPLETIVE DELETED] as we said in opening over. With no objection, no objection was raised at that point in time. But it has to do with everything, the way he treated her.

WILLMOTT: Judge, also it goes to his sexual knowledge, because there`s also been testimony that he was a virgin, and we expect the argument to be that it was Ms. Arias who changed him from a virgin. On this tape, he`s talking about things that Ms. Arias does not know what they are, and he has to explain them to her, sexual things. And so that also goes to his knowledge about what he knew independent of Ms. Arias.

NURMI: He compares her sexual abilities or sexual organs to those of other women.

(END VIDEO CLIP)

GRACE: This amidst discussion of a porn flick that Jodi Arias wanted to tape. She says she wanted it to be artistic, to show only the left side or the feminine side of her face. And whatever happened, don`t show Travis Alexander`s feet. Take a listen.

(BEGIN VIDEO CLIP)

MARTINEZ: And why she is reciprocating? The truth of it she`s saying, for example, I can`t wait to get together with you so we can make a porno flick. I want to see you stick your [EXPLETIVE DELETED] between my [ EXPLETIVE DELETED]. I want them to see the left side of my face. I do not want them to see your feet. It will be so artistic. So it`s being offered for the truth of the matter asserted--

(END VIDEO CLIP)

GRACE: Artistic? I need a shrink. Dr. Patricia Saunders, help me out here. She`s talking about a porn flick when she`s planning to murder him?

SAUNDERS: Nancy, all of this is BS. This is what Jodi Arias does. She sexualizes everything, she manipulates people, she tantalizes them. And it`s irrelevant. That`s why the judge suppressed it. This woman is not mentally ill. She does not meet the criteria, either psychiatrically or legally. Even if she is a borderline personality disorder, that is not a mental illness.

GRACE: And amidst all of this, Patricia Saunders, everyone, tonight we`re also learning that the county jail, the sheriff`s office had great fears that Jodi Arias would outsmart everyone and make an escape. What did we learn, Matt Zarrell?

ZARRELL: The Arizona Republic recovered documents that show that on February 6, the Maricopa County sheriff`s office complained that Arias should not be allowed to go into the judge`s chambers because of escape risk, that they were concerned that she could escape. Now, I should note that Arias was wearing leg braces throughout her trial, but the sheriff`s office was concerned about her going into chambers.

GRACE: Now it`s my understanding whenever she would be in front of the jury, the shackles would be removed. So she was without handcuffs, without leg shackles, and this is on the heel of a very disturbing incident that we uncovered that happened at Estrella jail. Take a listen.

(BEGIN VIDEO CLIP)

GRACE: Has anybody ever escaped from this jail?

UNIDENTIFIED FEMALE: Yes. Yes. We`ve had escapes. We`ve had attempted escapes. We`ve gotten them back. But yes, we had escape attempts. We always say attempts because we always get them back.

GRACE: Do you? Do they actually leave the grounds?

UNIDENTIFIED FEMALE: The last one jumped off the roof and broke both ankles, feet and back. So she didn`t get very far.

GRACE: How did she get up on the roof?

UNIDENTIFIED FEMALE: She climbed the rec yard fence, that`s what it was, climbed the rec yard fence, went through a bunch of other fencing, got up on the roof, and then went to the corner of the building and jumped off.

(END VIDEO CLIP)

GRACE: OK. There had been just one female escapee, who the inmates told me she was only in for six months, and she leaped to break her back escaping from Estrella jail. Then there was Tasha Wolf, a female inmate that escaped in around 2003, 2004 time period. There was a very grave concern, Jean Casarez, that Jodi Arias, when she would go back from the courtroom to the judge`s chamber, would escape, and in fact the jail wanted her disallowed from going in the judge`s chamber.

CASAREZ: And the operative word you just said was escape. And that was part of that sidebar conference, the sheriff`s deputy, because they had control over Jodi Arias, was concern that she could escape if she was allowed to go to the judge`s chamber. Well, the defense won out. She went many times to the judge`s chamber.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Considering all the lies you`ve admitted to, would you consider yourself to be a pathological liar? What pets did you have as a child? Did you ever intentionally hurt a pet or animal? Do you feel you should be punished for what transpired on June 4th, 2008? Would it be possible to see what Jodi`s hands look like when draped over her shoulder now? Who was involved in all the tire slashings? For example, Travis? You, Mimi, Lisa? Whose vehicles were damaged? You stated you were aware the police reported the calls because an attorney told you. Can you tell us when you were told this and how that subject came up? Why did you finally tell police your version of what happened on June 4th, 2008? Do you feel it was a coincidence that the guns stolen from your grandparents` house was the same size gun that killed Travis?

(END VIDEO CLIP)

GRACE: Welcome back. Tonight, a stunning look behind jury deliberation doors and in the judge`s chambers. Not only did we learn that the sheriff`s office was gravely concerned Jodi Arias would attempt a highly planned escape while she was in the judge`s chambers, possibly going to the rest room, we learned about that. We also learned that the defense is changing their defense to mental illness. That`s a whole new defense that was not argued the first time around. We learned that the jury is seemingly obsessed with Jodi Arias` sex life, even her boob job. And we also learned about the violent hatred between the defense and the prosecution. Take a listen to this.

(BEGIN VIDEO CLIP)

WILLMOTT: What she wants to say is that how Mr. Alexander threatened to commit suicide because she said he used the f word, that he wanted to f- ing kill himself.

MARTINEZ: I don`t see how she can talk about the victim`s state of mind, i.e. did or did not want to commit suicide. Additionally, the only way she gets this information is through the defendant, not the journal, but through the defendant. There`s a lack of trustworthiness here. She`s a liar.

WILLMOTT: No, Judge, first of all, it`s not about Mr. Alexander`s state of mind. It`s about Ms. Arias and what she would have perceived when Mr. Alexander said I fin` want to kill myself. That`s what he says. He threatened suicide. Now, that`s about what that does to somebody in a relationship.

Second of all, Ms. LaViolette does not have this all wrong. She`s talking, she just is not allowed to finish the story because of the constant objections.

MARTINEZ: But the thing is that if Ms. Willmott and I were married, I certainly would say I f`in want to kill myself. It doesn`t mean that I want to kill myself. It just means there`s a bad relationship and I want you to leave me alone.

WILLMOTT: Judge, just for the record, I think that was an insult because he`s trying to say that if he and I were married--

MARTINEZ: That was a compliment. Bad joke.

WILLMOTT: I don`t see it as either.

(END VIDEO CLIP)

GRACE: There you see the virulent hatred between the lawyers. Take a listen to this where Martinez tells Willmott she needs to go back to law school.

(BEGIN VIDEO CLIP)

WILLMOTT: What`s hearsay, she`s not quoting anybody. I`m not understanding what the hearsay is.

MARTINEZ: Well, then maybe you ought to go back to law school.

NURMI: Before we move off the topic of verbal abuse --

(END VIDEO CLIP)

GRACE: It goes on and on and on. The bickering, it`s worse than bickering. The sides hating each other. It was not just for show in front of the jury. We are taking your calls, out to Denise in Massachusetts. Hi, Denise, what`s your question?

CALLER: Hi, Nancy. I love you and please keep doing what you do.

GRACE: Thank you.

CALLER: I have a question about -- first of all, she`s obviously very guilty, very manipulative, and she used this man horrifically. The fact that the mother admits on tape that she`s called more than once by friends of this woman, friends I use lightly, I don`t really think she ever had friends, that she needed mental help.

GRACE: Right.

CALLER: And never, ever got it. I put that on the mother and I put it on the parents, because if your kid has diabetes, you get them help. If your kid has a broken bone, you get them help. They didn`t care enough. They really didn`t.

GRACE: Well, I tell you what, Denise in Massachusetts, I hear what you`re saying, but it seems to me that it was said in the context, just like when Travis Alexander said, you know what, being with you, I want to just kill myself. That doesn`t mean he wanted to commit suicide. It`s a term of art. And when she would screw over her friends in her youth and they would come running to her parents, that`s a far cry from her screwing her friends over and being hateful and manipulative and deceptive and actually being mentally ill.

Very quickly, I want to go out to Dave Hall, a very dear friend of Travis Alexander, saw Jodi Arias the day after Alexander is slaughtered. Dave, I really want to hear your thoughts. I mean, this is a woman who pulled off going to his memorial, pulled off lying on national TV over and over and over about what happened that day, put on a completely normal face, a face of normalcy to you after the murder, and now she`s claiming mentally ill?

DAVE HALL, FRIEND OF TRAVIS ALEXANDER: Yes, Nancy. I think we`re all amazed with that. Someone that is mentally ill does not plan a burglary, steal a gun, barter for gas cans, take off the battery off their phone. All the things she did. She is obviously not mentally ill. But plan A, which was self-defense, battered abuse syndrome or something like that, that isn`t working very well, so they`re laying the foundation for some appeals on some type of mental insanity, which is just preposterous.

GRACE: And Dave, even throughout the trial, all of her tweeting during the trial about selling her t-shirts, making money on her art, all of her interviews that she gave, I mean, trashing Travis Alexander, trashing his family, trashing the jury -- she`s not mentally ill. She`s just mean.

HALL: She`s evil. She`s even bragging about how high her IQ is. Well, you can`t have it both ways. You`re either very smart and intelligent or you are mentally ill, one way or the other. But she can`t have it both ways.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: After a long and careful deliberation we are unable to reach a unanimous decision.

UNIDENTIFIED FEMALE: Please complete the verdict form.

UNIDENTIFIED MALE: We were and still are unclear as to whether we are to utilize a question form versus a verdict form, should we reach a stalemate.

UNIDENTIFIED FEMALE: Why did you feel so uncomfortable about anal sex with Travis when you had previously tried it?

ARIAS: In my previous relationships, it was only something we tried one time, maybe two times, and those were long-term relationships. The reason that was not a regular part of the bedroom curriculum was because it was uncomfortable. And with Travis, that was his preference, and that`s one of the reasons I got the KY. It made it less uncomfortable, obviously. So that`s why it became more regular in our relationship.

(END VIDEO CLIP)

GRACE: After that stunning jury deadlock, the Jodi Arias jury`s preoccupation with Jodi Arias`s sex life and her boob jobs is now becoming public. The jury asking questions, apparently the male jurors asking questions regarding her breast implants. Take a listen to what we learned behind doors of the judge`s chambers. This is some of what happened.

(BEGIN VIDEO CLIP)

WILLMOTT: It`s the best evidence, Judge, they actually hear Travis`s voice and Travis talking about the things that he supposedly wouldn`t know if he really was a virgin before he met Ms. Arias.

NURMI: Again, at a time when she is supposedly this crazy stalker person that she doesn`t want around, he`s having phone sex with her and talking about the things that he wishes to do.

MARTINEZ: But the bottom line is, she`s the one that called him to initiate that. That`s what we`re getting into.

WILLMOTT: That`s for cross.

NURMI: That`s for cross.

MARTINEZ: But again, they`re saying that he is this bad person.

(END VIDEO CLIP)

GRACE: So here you hear the lawyers in judge`s chambers arguing that she`s basically being his sex coach. That he was a virgin before he met Jodi Arias.

Let`s hear more of what was said behind bars. All of this has just been discovered. Take a listen.

(BEGIN VIDEO CLIP)

MARTINEZ: It is words uttered by the defendant, words uttered by Mr. Alexander, and they`re being offered for the truth of the matter, asserted that he was breaking down her boundaries. How was he breaking down her boundaries sexually?

NURMI: As it was with the three hole wonder conversation, we`re not putting it in evidence to prove or disprove that Ms. Arias was a, quote unquote, three-hole wonder.

(END VIDEO CLIP)

GRACE: Right. Back out to you, Alexis Tereszcuk, senior reporter, Radaronline.com. The whole three-hole wonder comment by Travis Alexander. They`re having to do gyrations and back bends in the judge`s chambers to show why they want it in. They want it in because it was a mean thing that Travis Alexander said to Jodi Arias. That`s why they wanted it in.

TERESZCUK: You`re exactly right. Everything that they`ve said is to trash Travis Alexander. They`re wanting to destroy his reputation, and the only way that they can do it is through sex. And dirty sex. They`re saying that it wasn`t normal for Jodi to be having this kind of sex with other people, that she only had it with Travis, and it was Travis the one that brought it all up to her. That`s not true.

GRACE: And not only that, Matt Zarrell, the lawyers go round and round and round about photos of Travis Alexander`s penis and of Jodi Arias`s breasts. They spent so much -- and if you count up the hours that Willmott and Nurmi charged, they argued about half the time about Jodi Arias` sex or parts of her body.

ZARRELL: Nancy, I would argue it`s even more than half. A lot of this issue is about Arias`s helio (ph) phone, which contained both the phone sex and it contained photos. And Martinez did not want the images, including two pictures of Travis`s genitals and three pictures of Arias`s breasts to be displayed from that phone in court.

(COMMERCIAL BREAK)

GRACE: We remember American hero Marine Lance Corporal Alec Catherwood, just 19 years old, 19, Byron, Illinois. Purple Heart, Combat Action Ribbon. Parents Kirk and Gretchen. Grandparents Donald and Mary. Sister Mckayla (ph). Alec Catherwood, American hero.

And now, back to the Jodi Arias murder one trial. After a stunning blow to the state when the jury deadlocks at sentencing, now we uncover secret court documents that show us the jury, seemingly the male jurors, preoccupied with Jodi Arias` sex life and even asking questions about her boob job. Seems like the lawyers themselves were embroiled over evidentiary issues regarding her sex life. But take a look. It seems as if sex preoccupied and dominated the jury questioning at trial. Take a look.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: If you didn`t want to be tied up to a tree, why would you go up and look for a place where he could do that?

ARIAS: It wasn`t being tied to the tree that I was looking for. We were looking for a place out in the woods, nature, to somehow carry out this Little Red Riding Hood fantasy, and my understanding of that is that it would involve sex. But he had many other ideas, as you heard on the tape.

UNIDENTIFIED FEMALE: Testified to many different occasions where you performed sexual favors with Travis to keep him pleased and happy. Are you saying you never got pleasure out of sex with Travis?

ARIAS: Definitely not. I did. On many occasions. He was very romantic, very loving, and I guess you could say attentive, and he cared about my pleasure as well. Not always, but there were times when he was -- when we were very compatible in that regard.

(END VIDEO CLIP)

GRACE: And according to our calculations, sex questions dominated the jury questioning at trial.

Will there be a repeat of a sex trial? I don`t know about that, but I do know Martinez is set to go forward July 18.

Everyone, as we sign off, a special good night from friends Mattie and William. Her dream to be a Rockette. Dr. Drew up next. I`ll see you tomorrow night, 8:00 sharp Eastern, and until then, good night, friend.

END