Tuesday, June 24, 2014

Facebook site "Why Jodi Arias is Innocent" -- correcting the "steps"

Because I failed to take the time to edit my article, Richard Speights has made 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 ability to write.  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.



Why Jodi Arias is Innocent Facebook site gives a set of steps explaining why she is innocent ---   I am gonna break that down and show you all the mistakes in those claims and demonstrate how the full details of the evidence was purposely excluded in order to sway a person to a conclusion that is incorrect.

Step One: The pool of blood near toilet entrance    
The Claim: "If you think about it, this pool of blood could really only come from Travis' gunshot wound, it's close to the wall, and only the gunshot wound (which caused heavy bleeding through the nose) could produce a concentrated pool like this in a reasonable amount of time"    FALSE!!!!!!!!!!


key details left out of the claim - Water contamination and evidence of clean up at the scene.  Notice the bath mat?   That is where it was found.  The bottom of the bath mat was found to have come into contact with a large amount of blood.  Notice any blood surrounding that mat to account for that?   No...   this tells the person with common sense and willing to consider all facts in evidence that the area had been cleaned up and contaminated by water,  making the blood evidence on the floor unreliable.  Furthermore,  it was testified by the spatter expert that it there was no way to determine if the above blood pool was a result in gravity from a dripping source or the result of water mixing with blood and causing the heavier blood particles to collect in an area of lower elevation in the floor.

Had the blood spot been proven to be blood from a gravity source,  there is no way of telling nasal blood from another bleeding source.  If we take a close look and examine the size,   it is only about a 4 inch diameter circle.  The faster the heart beats the quicker it pushes the blood through the system and the faster a person bleeds.  Normally,  the heart pushes 75ml of blood with each beat.    The faster the heart rate,  the more blood moved.  To determine how much blood is moved in the body per minute, or the cardiac output,  one just takes the heart rate and multiples it by 75
  It's pretty evident that Travis's heart rate would be quite high at this point,  at least 135 per minute if not more.    That means in one minutes time his heart was moving 9750 ML of blood in his body, or about 41 cups.     Divide that by 60 to determine how much per second,  and it is 162.50 ML per second or just over 1/2 cup.   A 5 sec pause at the door would mean 812.5 ML or 3 cups of blood passed through the body with a portion leaking out of whatever open area there was.
That open area could be a cut on a hand hanging down to the side near the wall or coming from a chest wound as one was bent over using the wall to help steady them as they were trying to stand up.
To claim that one can tell where this pool of blood came from and state it like a fact is evidence of one's own confirmation bias and the claimant should not be trusted for accuracy.

Step 2: Juan's story is not consistent with the evidence  
The Claim:  "The three photos below show the relation between the blood pool in Step 1, and the sinks on the opposite side of the bathroom from the Bath and Shower. See also this video that shows the layout :https://www.youtube.com/watch?v=Ykvk0RkWxWk
According to Juan, Jodi attacked Travis in the shower with a knife, and then Travis went to the sinks, where there is blood spatter. But this fails to explain the pool of blood that confirms Jodi's story. So Juan's story is not correct."  FALSE!!!!!!!!!!!!!!!!!!!!!




key details left out:  The simple fact of water contamination within the area was left out still remains.  One can see the bath mat as related to the proximity of the linen closet door marked "A".  Inside of that closet door was a box that showed water mixed with blood had been wicked up into it giving evidence of water contamination at the scene: 

If we use the theory that the claimant is making...   that just can't be blood on the box because there is no evidence of a blood trail leading to the box.  Such a claim would be ludicrous and the more logical and sensible thing is that water contaminated the scene and washed the blood into pools or during this contamination a clean up was made.    This makes the blood on the floor not reliable as evidence.  
 Step 3: Juan needed to PROVE that Jodi did not kill Travis in self-defense, and he needed to prove this BEYOND A REASONABLE DOUBT ( see Jury Instructions, bottom of page 13,
Claim: ????  
Well,   yes and no.  Juan did not have to make any special attempts to disprove her story.  What he had to do is present a case that showed it was premeditation.  If the jury finds for the prosecution that the killing was a premeditated murder, then it automatically rules out self defense.      Whereas the defense is not mandated to prove self - defense,  they damn well better offer up evidence that is equal or better than that of the prosecution or else the evidence that the jury will use to deliberate weighs heavily on the prosecution side.  Jodi had no evidence of self defense beyond what she uttered.  .  When the jury is faced with two opposing arguments, they are going to weigh the evidence which is any factual evidence and testimony of the witnesses.   The jury then uses factors of credibility to decide how much weight to give the witnesses testimony. 
It was a stipulation that Jodi did lie about what happened twice before trial and there was further evidence of her lying on the stand.  Because of this the jury would give little weight to her testimony as evidence and may even decide to discredit it all together. Step 4. Why Dr Horn was wrong about the gunshot. 
Claim: "Dr Horn testified at trial that Travis would have been immediately incapacitated by the gunshot, on the basis that the bullet must have passed through Travis' brain. 
The basis for this was an X-ray that showed a fracture where the bullet apparently penetrated Travis' skull.
However there was a mystery : no damage was found to the brain, even though the brain was examined in detail. The autopsy report records:
o Good preservation of cerebral symmetry
o The dura mater and falx cerebri are intact
o Serial sections of autolyzed brain do not reveal the presence of grossly apparent trauma, foreign bodies
 "The truth has to be that the bullet did not fully penetrate Travis skull, instead it deflected off the second layer of bone that forms the sinus cavity, still fracturing the bone, but not penetrating it.
See http://herrspeightsventures.com/Innocence_Proof_of_Perjury.php for detailed information on the bullet track."    FALSE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

key details left out (or not understood by this claimant) "
The basis for this was an X-ray that showed a fracture where the bullet apparently penetrated Travis' skull"  FALSE!!!!!!!!!!!!
  ---   the ME who did the autopsy measured the entry would in the forehead (POINT A).  He then took measurements of the resting area of the bullet (almost in line with the second to last tooth on the side of the face) (POINT C).    The skull was cut in half and the brain removed.  What was discovered was a large hole in the base of the skull near the front (POINT B).   Put a stick going from point A to B to C and one will pass through an area that contains the frontal lobe of the brain.   The hole in the base of the skull was photographed and placed into evidence. 
"However there was a mystery : no damage was found to the brain, even though the brain was examined in detail"  FALSE!!!!!!!!!!!!!!!
The brain was NOT examined in DETAIL --   the claimant has little understanding of medicine for him to say that.  This was a brain that decayed for 5 days.  The brain is a very soft organ and is prone to quicker decay than the rest of the body.   It would have been one of the liquid type states ranging from thin to pudding thick.   This does not allow for a detailed examination of the brain."
 Good preservation of cerebral symmetry"  PURPOSEFUL MISINTERPRETATION !!!!!!
-- All cerebral symmetry means is that the relative SIZE and shape of the brain is the same.  The brain sulci and gyri (folds)  are not identical on both sides.  We would see asymmetry in such situations as brain tumors in which the tumor side would appear larger and of a different shape
."o The dura mater and falx cerebri are intact"
 -- KEY FACTS LEFT OUT
this was not noticed by anyone until within the trial and described as a typo by the ME.  The bullet hole was in the base of the skull and resulted in the destruction of the entire cribriform plate.  The cristi galli is connected to the cribriform plate, thus if the cribriform plate is missing the crista galli is gone as well.   The falx cerebri is connected to the crista galli and if the crista galli is gone, the falx cerebri is no longer fully intact.   Thus the statement of it being a typo is supported by the fact the falx cerebri was not intact.



This picture gives you the idea of the cribriform plate. It is the area where the red arrows point.  What you are seeing is the base of the skull as if you where looking down into from the top of the head.

"
o Serial sections of autolyzed brain do not reveal the presence of grossly apparent trauma, foreign bodies"  PURPOSEFUL MISINTERPRETATION  --  Again,  the claimant has very poor medical knowledge.  Autolyzed means partially digested cells or broke down.   Grossly apparent means easily visualized.   This brain would be like a pile of thicker dry mud.  Stick a stick in in (bullet), pull it out,  and one can see the stick track (bullet pathway).  Start pouring water on the pile of mud  and the walls of the track sink into each other,  (autolyzed) combine, and no longer can be seen.  
"Deflected off sinus cavity/  http://herrspeightsventures.com/Innocence_Proof_of_Perjury.php --  there is so much wrong within the website it will be discussed on its very own page in the future.   But to address the "traveled in the sinuses" theory:  that has the bullet

Step 5: Why Amanda Webb was mistaken about the 3rd gas can. 

The claim: "Amanda Webb testified that she could not find a record that Jodi returned the 3rd gas can, meaning that Jodi lied about that, suggesting her testimony was untrue, she had something to hide and there was premeditation.
Some points:
o When somebody CANNOT find something, this is rather weak evidence. It smacks of some kind of mistake before we even consider the details. FALSE!!!!!!!!!!!   Proving that there is lack of a return is very strong evidence.  Amanda Webb went through how she did this.
o Why on earth would Jodi lie about how many gas cans she used? There is no proper reason, using three gas cans instead of two gas cans is not proof of premeditated murder. It makes no sense.  FALSE!!!!  -- in order to guarantee her trip through AZ without buying gas, she needed more than 23.5 G  --  the extra can got her this.
o Amanda Webb testified that she worked in the store at N. Main Street, and this was the store where Jodi bought the 3rd gas can, on the basis of the store number on the receipt, #2458. This was not true, on July 10, 2010, Walmart relocated from N. Davis to N. Main Street.
http://news.walmart.com/news-archive/2010/07/05/community-of-salinas-welcomes-new-walmart
FALSE!!!!!!!!!!!!!!!!!!!   purposeful misinformation -- Webb never said that the store was in the same physical location as where Jodi got her gas.  The REAL testimony that she gave was how long she worked for Walmart company,  the location and number of the store she currently worked at,  and the amount of time she currently worked at that store.

PLEASE REFER TO THE BLOG PAGE 'TIS RETURNED OR 'TIS NOT RETURNED'.  the Walmart evidence is discussed in detail in regards why this is an unfounded statement.  The strongest point is that Amanda Webb got the information of how many registers where open that day,  which ones they were,  and looked in those same registers.  Now,  if one was missing,  she would have spent time finding it because that would have taken quicker than looking through the records of each register open each day for a week.

Step 6: Weak arguments
Claim: I am not going to go through ALL of Juan's vague arguments. But here are a couple of them  -- if the claimant had evidence of weak arguments, it would have been provided. What was done instead was to pick out those factors that when standing alone offer little to no evidence of premeditation. And when in combination with the other factors are minor supporting evidence. When a case is being made against someone,  all potential actions that could be signs of the crime are included. "Jodi asked for her car to be changed from a Red one to a White one, and she told the car hire person she wasn't going far......But I'm afraid this is really not evidence at all, it's just taking a microscope to things and making something out of it."   key points left out - The car clerk testified that Jodi told him that she did not want the red car because red cars get noticed more by the police.   This indicates an action of not wanting to be noticed and hold minor importance of supporting a claim.    There was no price difference or charges for going out of the area,  thus Jodi had no reason to tell the car clerk a lie other than she did not want anyone to know she was traveling out of state.   It is the duty of the prosecution to provide supporting evidence no matter how small and let the jury decide if it was a sign of intent or not.  The defense has plenty of opportunity to offer evidence that the action is not as the prosecution states.

"
But whatever the reason, Jodi's trip was not in the least bit secret, numerous people knew about it, there were numerous financial and mobile phone records of it, etc. "   FALSE!!!!!!!!  PURPOSEFUL MISINFORMATION!!!   This is one of the actions listed under deceptive actions in the debate.  The claimant is purposely trying to mislead the evidence.   The trip to RYAN's was not a secret. She wanted everyone to know that for her alibi. However,  her real intentions of going to Travis's was a secret.  That is why ALL credit card transactions stop while in Pasadena.  For example,  she used her credit card at every gas station except for the one she alleged to have stopped at in Arizona.  She claims to have used cash at just those two.   I guess it's because imaginary Arizona gas stations do not take credit cards.   Also,  her phone was turned off prior to entering Az and turned back on just south of the NV border.  Now, it is unknown if this was a self serving purpose in order to tell Ryan a lie or leave the fake voice mail on Travis's phone or if she just did not realize she was still in AZ.  Nonetheless,  given the mounds of other signs of planning,  it is not enough to offer in doubt as to her actions.  
"Jodi lied in the sex tape "   this was a very weak supporting point that Martinez used.  It was used to show that she was a chronic liar.   The reason this is brought forth is an attempt to belittle the stronger arguments that show her guilt.
"There is more along these lines, Jodi changing her hair colour, all sorts of things, but it doesn't add up to anything.: key points left out - Jodi was blonde when she started the trip.  When she arrived at Ryans,  she was brunette and pictures taken at Travis's on June 4th show this..    The car rental clerk was not told that she was blonde,  however when he identified her from her brunette picture,  he stated "but she was blonde when she came to rent the car".     He remembered other details such as she had a male with her.  This means that Jodi dyed her hair somewhere between the car rental and arriving at Travis's.   Add dying one's hair,  renting an inconspicuous vehicle,  and removing a license plate while at a residence and it leaves little for a person to be identified with.  There was evidence that her plate was upside down while in W. Jordan the day after the killing indicating that it had been taken off somewhere.  She testified it was skate boarders at Star bucks but she originally told the officer who stopped her for it  that it was her friends playing a trick on her.

"There are many arguments to counter these suspicions, and the prosecution case, when viewed as a whole, simply does not make sense, when you step back.:   -- the counter arguments are based on what a person proven have lied twice about the situation pretrial and gave different version of her last claim of SD to the domestic violence specialist testified to.    The prosecution case as a whole,  the weak arguments supported by the strong,  directly points to someone planning a crime and steps to get away with it.

"
The gun theft: "  
claim: "A .25 handgun was stolen from Jodi's home about 7 days before Travis was killed. Ammunition for the gun was also stolen. The bullet recovered from Travis' left cheek was a .25, however it did not match the stolen ammunition. Again, this is a weak proof - gun thefts are common, and the mismatch of the ammunition suggests this gun was not the one that shot Travis." 
key points left out  The ammunition in the gun was not verified.  It was reported as to being hollow points by the gun owner.   A search warrant of Jodi's parents house seized .25 round rounds.   Jodi was the last one in the house the day it was robbed.  There were other guns visible and not taken and other more expensive items not touched.  The only things missing was the gun,  two speakers,  a DVD player, and 30$ that Jodi claimed was on her dresser.  Jodi's laptop was not touched but she claims it was in her room under the covers.   The robbery was noted to look suspicious.
Anyone can purchase ammo in the states of California.  All they need is an ID to prove that they are over 21 and it is like buying a pack of cigarettes.  There is no record kept.   .25 clips can be loaded with either hollow points or rounds.  This is not a claim she purchased ammo,  but an example of how more can be obtained, thus an unconfirmed report of what ammo was in the gun is a weak argument and not enough to instill reasonable doubt.
Step 7. The Camera and other scene evidence
The claim: "
(1) The Camera strap was found unused in it's wrapping. This refutes the indication Juan made in opening arguments that Jodi attacked Travis with the Camera strapped around her neck."  --  camera straps are universal and one can fit the other.   Jodi did not have to use Travis's strap to put the camera around her neck.  She could have used multiple things to hang the camera around her neck.

This is an example of the camera so it can be seen how easy it would be to tie something as a strap or even use one's own strap.  

it is not even necessary for her to have had a strap at all.  The claimant is under the impression that the prosecutor must know every detail of the crime for it to be M1.  That is just not true.  Other possibilities is that she dropped it and it got kicked down the hall.

The accidental camera picture of the shower ceiling.
Given the Camera did not have a strap, how can the accidental picture of the shower ceiling be accounted for? Would Jodi attack with a gun or a knife while holding the Camera in another hand? That is not plausible.    
key points left out -  Jodi claimed she was ambidextrous.   This camera is fairly small and can be operated with one hand while holding  something in the other without difficulty.


the actual camera from evidence. 
As for the ceiling picture -- Jodi testified that she was deleting pictures,  she dropped the camera, and Travis got mad.  The ceiling picture was eluded to as proof of that.  However,  in that particular camera,  one cannot take pictures in delete mode.  The ceiling picture could not have happened in delete mode.  A more plausible explanation is that as she held the camera in her one hand she had her finger perched over the button.  Because of the awkward position some action caused her finger to push in the button as she was moving her arm.  This could be a number of things including a gunshot going off for those that believe the gunshot was first.   

"The accidental picture 62 seconds later.
This picture is at the bedroom end of the hallway. How did the Camera get there if there was a fight going on? Why would Jodi or Travis pick the Camera up (assuming she dropped it) in the middle of a desperate fight."key points left out - The pictures down the hall indicate a the camera being in a position of being upside down.  This indicates a number of situations in which this could have occurred.  One is that the camera was kicked down the hall in the struggle  --  the area that it would have been resting is right along the area of the blood trail against the wall -- this supports someone running away and kicking a camera in their way. 
"(5) The extra blood pools in the hallway
These also need to be accounted for."    --  as just discussed.  these pools show a person bleeding and moving against the wall away from the bathroom towards the same area the camera was found.



"
(6) The blood evidence in the hallway
This suggests to me that Travis came down the hallway, but then later turned and went back towards the bathroom."  key points left out -- the only determinable gravity blood drip pattern evidence is on ONE side of the wall - indicating it was a one way upright trip down that hall.  Here are several pictures that display a gravity blood drip trail on one side and a blood trail r/t to her dragging him back to the shower on the other side:
this picture is from the bedroom looking towards the bathroom

this picture is from the bathroom looking towards the bedroom

Bathroom looking towards bedroom.
In this last picture,  it is clearly evident that the blood trail on one side is a gravity drip trail indicating that going DOWN the hall,  the victim was in a position to cause the blood to drip down via gravity.  ON the other side,  we can see that the victim was no longer in a position to cause blood to fall via gravity on the return to the bathroom.  In fact,  we can see smeared blood marks on the floor and wall which indicate the blood source was in constant contact with the floor as it was moving.  This indicates dragging.



"(7) The shallow back wounds
These suggest that Travis and Jodi were fighting face-to-face, with Jodi's left arm coming over Travis' shoulder, or around his side."  FALSE!!!!!!!!!!!!!!!!!!!!!!!!!!!!PURPOSEFUL MISINFORMATION - 
key points left out:  The autopsy measurements of the back wounds: "A cluster of 9 stab wounds all within a 6X5.5 inch area. all incisions penetrate soft tissue and impact upon ribs and  the lateral aspect of bone"  -- this indicates resistance -  a stab through the easy soft tissue,  hit the bony resistance, withdrawal and stab again.   Also,  if one examines the pattern of the stab wounds,  the do not fit "going over the shoulder OR around the side'

The factual autopsy photos demonstrate a clearer view of this.  However,  out of respect I will not post them.  They are easy enough found on the web.   


Step 8. Wrapping everything upThe claim:
There is a great deal more that can be said about Jodi's case, but what I want to stress here is that you must approach the evidence with an open mind, and the presumption of innocence.

Which case makes sense as a whole? Was the mission really secret? Why would Jodi lie about how many gas cans she used? You need to consider everything, which story ultimately makes sense.  -- yes,  the trip to Travis's house was indeed a secret.  Jodi stated throughout the testimony that she had no plans on visiting Travis on the start of her trip.  This statement was refuted by her own witness who,  when asked if she told him the gas cans were for Mesa,  reluctantly stated yes --  however,  he later recanted such a statement without explanation.  This gives evidence that it was something Jodi was counting on.

You cannot focus on certain aspects, or individual events that seem suspicious. You have to look at everything, everything has to have a reason. People like Jodi act violently only when they feel very threatened and desperate.  "People like Jodi"  --  The claimant has no personal relationship as to who Jodi was and is.  However,  her witness, her ex boyfriend does and he is in belief because of the evidence that she did it.   There are tapes provided but not in evidence that show her own mother asking Jodi if Jodi had anything to do with Travis's killing -- that states volumes.  

Juan cherry picked a load of things and made them sound suspicious, which they were to some extent, or Jodi would never have been charged with 1st degree murder. But suspicion is not proof. - Juan did not cherry pick -- he took those events that supported her planning and trying to hide a murder.

What we should do is to maintain the belief in innocence until there is proof otherwise, even when we cannot understand precisely what happened in the Hallway of Travis Alexander's home on June 4th, 2008. And,  after all evidence is provided and each side closes its case,  we should let that evidence determine the conclusion, not the opposite way around.  

That is the law, and that will allow you to understand that Jodi Arias is innocent.  the jurors followed all aspects of the law and used the trial evidence to determine guilt.  They did not base it on a loose and weak idea such as 'people like Jodi don't do this" 

I cannot convince you that Jodi is innocent, you can only do that for yourself by taking the time. Some people find it easier than others, it is not exactly a matter of intelligence, rather a matter of intuition, experience, wanting to understand and examining the two hypotheses, guilt and innocence calmly.
I strongly suggest that you review all evidence from the trial yourself and make a conclusion using that evidence   --   "intuition"  is not evidence.   




Friday, June 20, 2014

Too much gas.....

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
GAS CAN ISSUE
Evidence
Initial reason for gas cans was stated as for buying cheaper gas out of California
Purchased gas in California for the gas cans
Jury questioned this - Jodi testified it was wiser for safety to buy in California because she was "a woman, alone, at night, in an unfamiliar car driving an unfamiliar route" - (more on this in a future blog)
Receipts from other places indicated 10-12 gallons in the tank.
Receipts at Tesoro showing three separate gas  transactions 10.672,  19.65, 5.09 in three different transactions.
Two of the receipts for Tesoro indicated it was gas. The third receipt was just a credit card receipt.
Chelsea Young, IT from Tesoro, testified that the credit card receipt was for gas.  When a CC is used the transaction data is delivered to the home office and indicates the pump used via the payment.  This transaction was paid on gas pump number 2 on which only gas may be purchased.
Receipts at Pasadena showing three separate gas transaction 8.301, 9.594, 2.774  in three different transactions
All three transactions indicated gas.
State asked a hypothetical question if it could have been a partially filled can in Pasadena.
Daryl Brewer stated that the cans were empty when he gave them to Jodi
Daryl Brewer's testimony was inconsistent on the stand.  - He initially answered "Yes" three times to questions about Jodi informing him the cans were for a trip to Mesa but later stated that she told him that the cans were for a trip, not specifically Mesa.
Daryl Brewer was an ex-boyfriend but still friend of Jodi's
Walmart testimony to support it being a third gas can and not tank gas.
Defense claim it was a top off


The Jury considerations using the evidence at hand:

*****" The first and third transaction in each trio of receipts is gas tank filling."
 ----- Whereas it is always possible, it has to be REASONABLE to fit verdict criteria.  Why would she stop filling her tank if it was not empty only to come back on a third transaction to finish filling it by "topping off"?  There can be multiple reasons to do it such as the pump shutting off,  Jodi pre-determining her gas use, etc.  However,  it still would not make sense for someone to take the gas nozzle out of the tank,  hang it up,  start a new transaction to fill two cans,  hang it up, and then start a third transaction to  return to the area they started.  The time for topping off the tank would be during the initial time it was being filled.
Given the Walmart evidence from the trial,  putting gas in three gas cans at both the Pasadena Arco and  the Salt Lake City Tesoro is supported over it being put in the tank.

****The jury would then consider how reasonable would it be that one of the gas cans kept by Daryl could have had some gas in it.  Many people have grass in their yards.   Many people have gas lawn mowers.  It is not too unusual of a thing for a person with a gas lawn mower to have a partially filled gas tank.  The jury would have to consider Daryl's testimony and judge his credibility and note the change of his statement on the stand.

When weighing the evidence,  the jury would have to ask what is a more reasonable situation?
 Daryl had gas in one of those cans, lied about it, and Jodi filled a third can which existence is supported by other evidence.
OR
 Jodi did not have that third can and stopped filling up her tank to fill up two cans to return to fill up her tank on two separate occasions?
In addition,  she purchased more gas than one tank and two 5-gallon cans could hold but could not explain why. (remember the jury cannot "invent"  testimony of a mysteriously purchased 4 can)
And that in one of those fill ups she placed more gas in her tank that could really fit.

The decision the jury makes must be beyond a REASONABLE doubt and not beyond all doubt. And the jury cannot guess at the reasons behind an act if the supporting evidence is not there.   Thus,  if there is not a reason supplied as to why she stopped filling her main tank,  started a new transaction to fill some cans, and then returned to fill her main tank they cannot make one up.
After considering all the trial evidence at hand and ONLY the trial evidence at hand,  there can be no other conclusion that beyond a reasonable doubt Jodi did not return that third gas can and had three gas cans.

So, what's so important about THREE and not TWO?   To drive from Pasadena to Mesa and back to the alibi route I-15 would be about 700 miles.   If someone were doing the math,  the trip could be taken with just 23G of gas if the car got 35MPG HWY.  But, to be on the safe side, one has to use the "combined MPG" which was 28 MPG, and this requires 25 Gallons to be safe.   The fuel efficiency of the car would require obtaining a third gas can in order to not have to stop while in Arizona.   Why avoid gas stations?   The majority of gas stations have security cameras that posed the risk of Jodi being video taped in Arizona.

There is a question as to why didn't she throwaway the receipt if the gas can was to be used for a nefarious reason. That is an unknown to me but plays no influence when considering if it was self-defense vs. murder.  There is just too much to support that she did NOT return the gas can that overpowers the question of why she didn't throwaway the receipt when considering murder vs. SD.   Jodi made a lot of mistakes in her plan to murder.  Thus,  she got caught.

Further considerations beyond the trial evidence.
It's unclear as to why the car was not entered into evidence in regards to those gas can claims.  Whether having the exact tank size would have been beneficial,  I just do not know.  Nonetheless,  supporters of Jodi have made the claim that the car not being in evidence is proof that the tank was larger because the only reason the prosecution would hold it back is because it hurt them.  The claim is a very weak argument because the same can be said for the defense -  had it been a larger gas tank to accept all that gas,  it would have been brought up in rebuttal to support her claims.  If this unknown smarter than the average bear can find the VIN and location of that rental car over a year after the trial ended,  then the defense could have located it if the prosecution refused to share.

THE CAR: 


Start with the licence plate number on the rental receipt: 6DGV099









add in one Car fox
















and search a VIN
Find out that the car did indeed have a 13.5 G tank on it.  

The result = the car and two gas cans can only hold 23.5-gallons of gas.

Over 25-gallons of gas was purchased at Tesoro,  which would not fit  unless a third gas can was present.

 It's just too bad  the car's VIN and specs were not put in evidence at rebuttal for the jury to consider.   Nonetheless, even without those specs in evidence, there still was enough for the jury to conclude she had three gas cans in Pasadena using trial evidence and reasonable doubt standards.

Of course,  there will always be a few out there because of their own confirmation bias,  will insist that Jodi did not have a third gas can in Pasadena but bought one later in Mesquite.  Why can that idea be debunked?  Just look at the trial evidence in which Jodi states several times "I did not have three gas cans."
Trial excerpts
"I purchased it;  Star Bucks is in the same parking lot, I think I went there, and then I returned it after that."
Nurmi "So you returned that gas can that same day?"
JA - "Yes, right after StarBucks..........  I think they just handed me cash or something,  I might have gotten a receipt or something, I don't remember."
"The two, two gas cans I had on that trip I got from Daryl ... and then I bought the third gas can, and I returned it because I determined I didn't need it."
"I had a third can when I originally purchased on in Salinas, I returned it before leaving Salinas."
"First, I didn't have three gas cans,  I believe we were discussing a hypothetical IF I had three gas cans, and besides I only had three when I pulled out of Salinas, so there were never three on that trip."
"to answer the gas can question,  I went to Mesa with two gas cans."

Jodi was pretty intent on making sure it was known she did not have three gas cans.  She even was adamant about it in her post-verdict testimony when she was free to talk without objections.

Now,  some claim that the most logical reason for the Tesoro purchase is that she just purchased a fourth can after she returned the third can.  They say it was some time after Mesa.  This is not logical or reasonable to suggest.  It was Jodi who stated  that she did not have three gas cans PLUS she gave the reason for returning the gas can as based on finances.
She stated that the math didn't make sense to buy a gas can to save money on gas, so she returned it.   Some that support her even want to dispute her testimony as not being right in order to make her correct about returning that can... .  and that is just not logical in itself.


Proofread and edited July 26, 2014.

Wednesday, June 18, 2014

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