TIS RETURNED OR TIS NOT RETURNED... THAT IS THY QUESTION

Because I failed to take the time to edit my article which debunk his sinus theory, Richard Speights has made an untrue statement to imply that I am uneducated, stupid, and have a lack of medical knowledge.  His act of defamation is only based on my lack of editing.  However,  he implies I cannot write in the proper fashion.  I feel the truth is the best way to argue a lie, so I present a recent article to prove my writing ability.

 Please see my last article:   http://jodiariastrialtruth.blogspot.com/2014/07/prevent-stolen-valor.html

The article will clearly show that I am educated and able to express an idea through the written.  Speights has placed links to my unedited articles on his website, the following article being one of them.

WEIGHING THE EVIDENCE

THE WALMART ISSUE

  -  Defense claim is Jodi returned that can,  State says "no way".

KEY POINTS OF TRIAL EVIDENCE

 Amanda Webb was a 5 year employee working at the Salinas store for 5 months when she testified

Amanda Webb was identified as a protection manager manager whose duties included the investigation of internal theft,  reports, helping police investigate credit card thefts

Amanda Webb testified to her familiarity with the return process and register use and was able to verify that through description.

The Walmart receipt dated June 2, 08 -  15:22

The item in question had it's own SKU number and cost 12.96

Each Walmart receipt has a bar code on the bottom that if electronically scanned via the register,  that bar code will link back to the date, time, and SKU numbers.

The SKU numbers are universal number specific to the item not specific to the store.

Amanda Webb spelled SKU as S-K-E-W

When an item is returned,  there is documentation noted on the receipt.

There was no documentation noted on the Walmart receipt

The refund is then processed through the computer system and the customer signs documentation for the receipt and the original receipt with the item crossed out is returned along with the money.

The process is to prevent fraud of multiple returns at different stores.

This information is stored in the register history to an electronic journal for every return.

Amanda Webb indicated that she checked each and every register that was open at store 2458 Walmart covering a period of 24 hours. 

Exhibit 634 was that history of the 24 hour transactions for each of those registers from June 3rd.
Amanda Webb explained the electronic journal of register history as Juan Martinez put up register by register

One entry on the electronic journal was for "return". 

There was no return of $12.96 on any of the electronic journals for the date of June 3rd. 

Register 3 had a return of $9.93 -  accompanying documentation shows it was for an exchange between a shirt and tie. 

Register 59 had $223.05 in refunds - the same type itemization of all refunds was attached to the electronic journal for register 59.  6 items refunded and none of them linked to the original receipt. None of the 6 refunds linked to the specific item either.

Register 73 had a return of $3.20 for "Bounty nap"

Register 79 had returns for $73.88.   The accompanying documentation shows this to be a prescription.

Register 92 had multiple returns $4441.55.  It was identified as customer service.  Accompanying documentation broke down those returns and did not include the item from the receipt.

Register 93 was identified as another customer service register and had $3198.85 in returns.  Accompanying documentation broke down those returns and did not include the item from the receipt.

register 95 had a return for $63.53.  The accompanying documentation from the electronic register journal shows the return was for a car battery and a car battery core return. 

Amanda Webb searched for the specific SKU number for over a week. 

The only time she found the specific SKU number for the can was for another purchase one and a half weeks later. 

Jodi Arias said she returned the item to Walmart after leaving but before getting her nails done.

Jodi Arias says she returned the gas can to the same Walmart she got it from - indicating store 2458

The defense declined to ask Webb any question,  thus the when the jury would discuss the evidence, 

The jury would discuss and deliberate said evidence. 

Could there have been human error and someone did not note the return on the receipt?  Yes, but this would still leave the electronic record of said return and the jury had access to that record of said return to inspect themselves.

Could Amanda Webb be incompetent and made a mistake because she misspelled a word?  Yes,  but  she discussed in detail the process showing her competence and the electronic journal was available for the jury to inspect themselves.

Could the transaction been made using a "dummy sku"? ---- Yes, but the price of 12.96 would still have to show up on the "dummy sku" receipt.  The defense had 2-3 weeks to review the records and would have questioned Webb in regards to it.  It is just not reasonable to believe that the defense would overlook such a piece of evidence.

Could someone just opened the register and handed Arias the money without recording it?  Possible but not reasonable to think so as it would have caused a shortage of that amount in the operator's register making them responsible for it.  Decisions are made using the basis of reasonable doubt and not "ALL and ANY doubt."

For Jodi Arias to had returned that receipt, we have to believe a combination of these factors:

 Even though she just got the item, she did not take the receipt back with her, and they trusted whatever she said the cost was because the quickest way of scanning the bar code on the item would end in an electronic record.

Even tho she looked for the exact item,  price, and UPC code from the original receipt,  Webb just got it wrong because she didn't work at the store when Arias visited and misspelled SKU.

 Somehow the records from an entire register that just happened to be the one Arias returned on just got 'lost.'

And again...  all is possible but is it reasonable?

Thus,  if using the basis of reasonable doubt and the trial evidence, one can see that the ONLY conclusion to fit the jury instruction criteria of evidence and reasonable doubt would be for them to conclude Arias did NOT return this gas can.

"The BIG move" 

Supporters have pointed out that the original store had moved from Davis to Main and cited this as why the return was never found.   This was not presented to the jury thus is not in evidence and thus has no influence on the jury giving a wrongful verdict.
Even though the store move was not in evidence, let's still discuss it.  Speculations have been made in regards to a missing "till" from the ones linked to store 2458.  It is speculated that Arias,  instead of returning the can to any of the registers within the Walmart store,  she went to a separate tire and lube  sub-store and returned it there even though  this goes against trial evidence in which Arias claims she returned it to the same one.  To support this claim it had been pointed out that when the Walmart store moved from Davis to Main that the new main store did not open a tire and lube store.  Thus,  it is speculated that the register from the tire and lube sub-store never moved with the store and once the store re-opened,  the tire and lube portion of the store changed its number to 5751,  thus causing Arias's return to be missed.   The problem is if the Salinas Walmart is like most then the tire and lube store is right within the same Walmart building -- hence why they use the same number.

 

...well... isn't that something it is inside Walmart.....

Store 2458 had closed and moved to Davis and took all its merchandise and employee with it.   The original location went through a renovation and was closed during this renovation time. Thus,  the Tire and Lube Express portion  inside of Walmart would have been closed at the same time.

Well,  the claim is the when the new store opened on the N Main street that it did not include a "tire and lube express"  portion.   BUT:   https://plus.google.com/115272434726238164694/about

Interestingly so...   the web says differently.  So did the young lady on the phone who answered "Walmart, Tire and Lube Express" when I called the number listed.   Now,  of course, this could be just "some mistake" that someone made and entered the address as Main street instead of Davis,  so I asked where they were located. I was told "1800 N Main Street in Salinas."  

Addendum... It's been stated "there is no room for a tire and lube at the Main street Walmart."  When I first called the number above,  I thought it was a person who identified themselves as "Walmart tire and lube"  but this time when I call it was a recording that states that.   I know I did talk to the young lady last time, and she gave the address of Main street.  Anyhow,  I called the number listed again, and all it does is ring,  so I got annoyed and hung up.  The same thing happened when I called the Davis Walmart and asked for Tire and Lube,  but I later got through.
So, the question is,  Is there one at the Main street Walmart?   I tried to do some more checking into it and did find out that prior to the store on Main opening up,  it was once a home depot.   There is a large garage door on the side of the building,  but just the one.

I did find this when I searched the web

Does it mean that it really does exist?   No, after all it is the internet and I am not a French Model.  I use facts and truth, and if there is not one within that Walmart despite what is shown on the internet,  I do want to know.   So,  if any reader out there knows,  please do update! 

 ADDENDUM--  THANKS TO A PESKY SQUIRREL, WHO SNUCK IN THE WALMART STORE VIA THE PHONE,  SHE HAS UPDATED ME THAT THE ONE ON MAIN DOES NOT HAVE A TIRE AND LUBE.   I appreciate the help Squirrel lady!!

However,  in my search for the truth,  I have further confirmed that the "lost till theory" via the Tire and Lube store is just not reasonable to believe.

First,  let's look at an overhead view of the Davis store and the location of the Tire and Lube within that store: (blue star is tire and lube) 

If the Tire and Lube Store were right there,  inside of Walmart,  part of Walmart,  it would not have been when the store moved.  It shares the same store number as Walmart --   it is NOT reasonable to think that the entire store of Walmart except for the department of Tire and Lube would close and move and the Tire and Lube store would stay open for the remodeling.  

One can enter into the Tire and Lube department via two ways...   Through an archway off the main store such as:

not the actual Salinas store,  just an example

It just does not seem to be sensible to keep the Tire and Lube Express department open if the main body of the store is being renovated....   It seems a bit dangerous and risky for liability. 

The other possibility that has been offered is that when the store moved,  the Tire and Lube was not inside Walmart but elsewhere and Jodi returned it to that store.  However,  that would contradict the testimony that Jodi gave when she was asked if she returned the item to the same store and she said yes. 

actual transcript from the trial.......

This picture was provided as proof that the Tire and Lube store was outside of the building

Close inspection of this picture indicates that it has been altered to put the Walmart Tire and Lube that is INSIDE the Walmart store in the same building as Famous Dave's BBQ restaurant.  Who did it? I don't know. The picture was offered to support the statement posted.  It's really sad to me that someone might manipulate evidence in such a way instead of allowing the truth to speak for itself.  It's possible that it was some "fluke bug" with google.  It's an example of why research is important. 

I try my best to include the key points of evidence. However, there was a lot of testimony in this trial, it's possible to miss some.   Please feel free to include a note if you feel I have left something out.

I have seen attempts to sway opinion with one side evidence too much.  ONE EXAMPLE:

This is only a partial transcription from the trial.  It appears to have been chosen to share only part of the testimony in order to reduce Amanda Webb's credibility. The partial testimony presented lacks the information which is pertinent to the evidence; Amanda knew how many registers were open on that day.
Further testimony via Webb:
JM: ON June 3rd, 2008 were you able to go back and determine how many cash registers were OPEN at Walmart on that particular day?
AW:  YES
JM:  and this what you checked done for a 24-hour period?
AW: YES
JM: And did you check EACH AND EVERY cash register including the ones that don't normally give refunds to see what refunds were given on that particular day?
AW:  YES

"she doesn't even know the Walmart was located at N Davis in 2008" -  There is no evidence to prove this.  No question came up in the trial in regards to the move, so how can anyone ascertain what Amanda Webb knew and did not know.

"she says 'I believe' - She doesn't KNOW, she gives a rough estimate" - The total number of registers that were present in that store 4 years earlier are of unimportance.  What was important is any register that was open.  And she DID know how many registers that were open, and she checked each and every one of them.  This would include the tire and lube department if the register was open on that day in 2008.

"she checks the registers that are there now in store 2458.But these can be different than the registers in store 2458 back in 2008"  --   Again,  the entire store on N Davis street picked up and relocated to a NEW store that was just opened on N Main street.  The cash registers were needed on N Main street because there were not any there.

DUE TO TAX REGULATIONS  - The cash registers used in modern times in big stores like Walmart have years of internal memory.  This is to meet federal tax regulations and must be kept for a number of years. Records of all transactions which occurred in relation to a given store must be maintained as being linked to that given store.  This transaction record does not get changed.  Thus,  if the transaction was made at store 2458,  it is going to remain at store 2458.  I am not sure if it is custom for the stores to print out records as well,  but it is possible for them to do so.

TIRE AND LUBE DOES NOT TAKE RETURNS

I called the N. Davis Tire and Lube Express and was able to get through.  I asked the clerk where they were, and he told me that they were inside of Walmart, behind the store, on the Costco side.  I got the price of an oil change and asked if I could pay for all my stuff from the store back there.   The answer was "yes" except for fresh produce because they did not have a scale.   I asked if I could do my return there as well, AND he SAID NO and referred me to customer service for returns.  I protested and asked a question that in retrospect, seemed foolish since I was asking where they were, "Are you sure?  I thought I did a return back there a long time ago."     And again, he stated that they DO NOT AND HAVE NOT taken in-store merchandise for returns.  But the clerk did add that  that the ONLY things they do take as a return are batteries purchases in the department.  

to wrap it up......

 Is it possible that I am mistaken about the Tire and Lube being in Main Street Walmart?  YES...   Still checking on that because, unlike others,  I let the true evidence determine my conclusion and not my conclusion control the evidence.

Does it matter? NO......   Jodi returned the can to the SAME store which means she returned it to the SAME Walmart it was purchased at.   Nothing remained open in that same store during the remodel.




Really,  on the basis of reasonable doubt used to determine a verdict,  after considering the trial evidence and factors surrounding it,  Is there really any REASONABLE doubt that Arias did NOT return that can to Walmart as she claimed?

Proofread and edited on July 25, 2014