Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:01):
What do you mean?
Speaker 2 (00:01):
Back to.
Speaker 3 (00:16):
M detective, would you knock on the door and let
the bailiff nowhere please be seated?
Speaker 1 (00:28):
The record will show the presence of the jury the
dependent in all council, mister Martinez, the.
Speaker 4 (00:33):
Favorite called UH detected.
Speaker 5 (00:35):
The step up the floors, the stable.
Speaker 3 (00:46):
Detective floors who are still in the roads.
Speaker 5 (00:47):
Do you understand, yes, I.
Speaker 2 (00:49):
Do your davy's service a step on floats? Yeah? Ever, UH,
when you talk about is there a topical calls that
you may have happened to the.
Speaker 3 (00:59):
Dedit that's uh.
Speaker 2 (01:00):
At one point about June twenty first, two thousand and eight,
did she leave.
Speaker 6 (01:04):
You a telephoni massage?
Speaker 5 (01:06):
Yes?
Speaker 4 (01:06):
You did?
Speaker 6 (01:06):
And and UH as a return or any message? Did
she include the number for you fall back home?
Speaker 5 (01:13):
Yes? Spost take a look at.
Speaker 4 (01:19):
The exib thrade you know, and what'd you look at it?
Speaker 6 (01:22):
Did you groeve you with UH as fired.
Speaker 4 (01:25):
A thirty fourth this month?
Speaker 1 (01:27):
Yes?
Speaker 2 (01:27):
And is that message including her voice and the telephone.
Speaker 4 (01:32):
Number that she left for you?
Speaker 5 (01:33):
Yes? It is.
Speaker 4 (01:36):
What pretty amission of did it three normal version?
Speaker 5 (01:43):
M Uh?
Speaker 2 (01:49):
This is UH mess so fon June twenty first, two
thousand eight, UH from judy areas.
Speaker 5 (01:59):
Right, you're still there. You have one saved.
Speaker 2 (02:04):
First saved message high Detective is the thirty areas calling
in regards to Travis Alexander.
Speaker 5 (02:11):
It's Saturday.
Speaker 3 (02:11):
I'm not kindly short time, but maybe you're off, so
I hope you're joining your day off.
Speaker 7 (02:16):
If not, if you could give me a call back.
Speaker 8 (02:17):
My phone number is eight three one four zero two
one nine zero one.
Speaker 7 (02:22):
Thanks, talk to you him bye.
Speaker 6 (02:26):
And this message.
Speaker 5 (02:27):
To delete this message, press seven to save it.
Speaker 3 (02:30):
In the archives, press nine to hear more.
Speaker 4 (02:36):
And the documents in Exhibit three sixty six.
Speaker 5 (02:39):
The number that a telephone number that is referenced there
is that the same.
Speaker 4 (02:42):
One as the one reference by.
Speaker 5 (02:44):
Miss Arius and her call. Yes, I don't have any
other questions.
Speaker 3 (02:53):
Cross examination.
Speaker 5 (02:55):
Thanks.
Speaker 4 (03:00):
If you were present when the photos of miss Arius
and mister Alexander were shown in court, correct, yes okay?
And those were recovered from the camera on the scene. Right, Yes, okay,
And that was a few weeks after the investigation began
that those photographs were actually recovered. Right, It took a
(03:22):
couple of weeks for your forensics department to obtain those
yes okay. In before they obtained those had you had
any other evidence that miss Arius was.
Speaker 8 (03:33):
At mister Alexander's home on June fourth, No, I don't believe.
Speaker 4 (03:37):
So okay, So you spoke with numerous friends of his right, yes, okay,
you and you're and other investigators people at the scene,
that sort of thing. Numerous people at the scene, friends
of his right, yes, and the roommates, and none of
them gave you any information the idea that miss Arius
(03:59):
was coming to.
Speaker 6 (04:00):
Is it mister Alexander?
Speaker 1 (04:01):
Right?
Speaker 2 (04:01):
That's correct.
Speaker 6 (04:02):
Sounds to me like it's a secret.
Speaker 4 (04:04):
Right, nothing for it.
Speaker 1 (04:08):
Redirector any questions from the jury for this witness, see
no hands.
Speaker 3 (04:14):
You may step down. You may call your next witness.
Speaker 5 (04:17):
The spade caused the pisacilia of records for Sprint.
Speaker 6 (04:26):
Jeff Strong, J E. F. F. S.
Speaker 5 (04:30):
T R O.
Speaker 8 (04:31):
H Annas and Mary that's right.
Speaker 5 (04:34):
Han you do song me square.
Speaker 7 (04:35):
The testimony you're about to give will be the truth,
the whole truth, and nothing but the truth.
Speaker 5 (04:38):
So help you God, I do thank you.
Speaker 3 (04:40):
Please walk right around and have a seat.
Speaker 4 (04:45):
Your data service.
Speaker 8 (04:46):
My name is Jeff Strone And who do you work for?
I work for Sprint. Next tell Telecommunications what kind of
business is that just briefly, we're a cell phone company.
Speaker 5 (04:59):
H And I'm going to show you.
Speaker 4 (05:02):
Exhibit number of three sixty six records that are made
at or near the time that the telephone call is
being made.
Speaker 8 (05:14):
Yes.
Speaker 2 (05:14):
And the information that's on these records is it created
from the information transmitted by the hand sense as they're
communicating through your network, Yes they are.
Speaker 5 (05:24):
And these.
Speaker 2 (05:26):
Numbers or this information is that captain the normal course
of business?
Speaker 1 (05:31):
Yes.
Speaker 5 (05:32):
And with regard to the item that you have in
front of you, are there those partial records? Who are
a telephone number?
Speaker 8 (05:38):
Yes, they are.
Speaker 5 (05:39):
And what's that telephone number?
Speaker 8 (05:41):
The phone number is eight three one four zero two
one nine zero one.
Speaker 5 (05:48):
And those are true and acer copies of the originals. Yes,
I remember for the admission of exhibit number three.
Speaker 3 (06:04):
Three sixty six is admitted.
Speaker 5 (06:09):
Just so that we can get familiar with how they looked.
Speaker 2 (06:18):
Let's take a look at the second page, in the
first column when it says calling NBR, what are we
talking about?
Speaker 8 (06:25):
That's the calling number, that's the number that's initiating a
particular phone call.
Speaker 2 (06:31):
So, for example, if we take the first one that
the initiating number is an eight O one number, right, yes,
And the.
Speaker 5 (06:38):
Number that they called is our target phone? Correct?
Speaker 8 (06:44):
Not necessarily?
Speaker 1 (06:45):
No?
Speaker 5 (06:46):
Okay? Why do we have their one one eight three,
one four oh two one nine oh one? What are
we looking at there?
Speaker 8 (06:53):
What that column represents is the called number, the number
that's receiving a particular phone call for this specific example,
which has the one to one before the ten digit
target number ending in one nine zero one. What that
represents is a phone call that's routed to voicemail.
Speaker 2 (07:12):
Okay, And then we have the dial digits. What is
How is that this different than what we looked at
just now?
Speaker 8 (07:19):
Those are the numbers actually input into the physical handset.
Speaker 5 (07:24):
In other words, the.
Speaker 2 (07:28):
Person who's calling actually inputted those numbers into their handset.
Speaker 5 (07:32):
Correct, okay? And then the MR number what does that mean?
Speaker 8 (07:37):
That's an acronym for mobile role, the role of the
target number the entrec see underneath. There are going to
be inbound, outgoing, or routed with respect to the target
number ending in one nine zero one. Inbound being that
the target numbers receiving a phone call. Outbound being that
(07:59):
the target number is initiating the phone call, and then
routed phone calls.
Speaker 5 (08:04):
All right? And the start date is what information is
provided there.
Speaker 8 (08:10):
That's the date and time as to win a phone
call initially registers onto our network.
Speaker 2 (08:16):
And when you say it registers out to the network,
are we talking about the switch or yes?
Speaker 5 (08:21):
Okay? And then the end date and time?
Speaker 8 (08:24):
What about that when a phone call terminates from our
network or switch?
Speaker 5 (08:29):
And the duration is that? What's the unit of measure there?
Speaker 8 (08:34):
Seconds? It's the amount of time spent on the network
in seconds.
Speaker 5 (08:38):
And then our ep l L number what is that?
Speaker 8 (08:43):
That's the repoll number for the sake of these records.
What it is is a reference to a group of
cell phone towers with respect to a certain area. There's
a repool number for Kansas City, there's a repool number
for Dallas. For bigger areas such as Los Angeles, there's
multiple repull numbers. But again it references references some sort
(09:05):
of geographic region.
Speaker 5 (09:08):
And then that it has first sell What does that mean?
Speaker 8 (09:14):
That number indicates the specific cell phone tower that the
target number is using at the beginning of a phone call.
Speaker 5 (09:23):
Well, how come we have zeros here? What does that mean?
Speaker 8 (09:26):
It can be a couple different things. For text messages,
it's not going to going to show any cell side information. Also,
when phone calls are routed to voicemail, Like the first
example that we looked at on the screen, that's not
going to show any cell side information.
Speaker 2 (09:46):
When you say it's routed to voicemail, who has the
actual system of the voicemail?
Speaker 5 (09:51):
Is it your company at a server somewhere or is
it the phone.
Speaker 8 (09:53):
Itself Sprint the company sprint, we have a server that
provides voicemail. The call records will show when an inbound
phone call is routed voicemail accordingly.
Speaker 5 (10:05):
And then the last cell what does that mean?
Speaker 8 (10:08):
That indicates the specific cell phone tower that the target
number is using at the end of the phone call.
Speaker 5 (10:14):
Okay, I'm going to go down here and take a
look at.
Speaker 2 (10:19):
This entry, and it's June fourth, two thousand and eight,
at eleven twenty eight seconds.
Speaker 5 (10:26):
You see that one. Yes, in terms of the time,
this time that we have here, does somebody.
Speaker 2 (10:33):
Walk around and set the clock for you or is
that set according to some other unit of measure of time?
Speaker 5 (10:42):
In other words, where do you get that? Sure?
Speaker 8 (10:45):
The timestamp for phone calls is with respect to the
switch that's fielding the phone call. So if I make
or receive a phone call in the Phoenix area. It's
going to represent Arizona time, okay.
Speaker 5 (11:00):
And in this case right here, for this line here,
the calling number.
Speaker 8 (11:06):
Is what eight three one four zero two one nine
zero one.
Speaker 5 (11:12):
And so does that mean that the target number is
the one that's making this call?
Speaker 8 (11:16):
Yes?
Speaker 5 (11:17):
And then the number that is being called is what.
Speaker 8 (11:20):
Ninety five one five three six two one sixty two.
Speaker 2 (11:25):
And then if we take a look at exhibit number
three sixty two, do you see the number there, the
mobile directory number. Yes, I think the same numbers is
(11:46):
the one you just read.
Speaker 8 (11:46):
To me that is the same same tendagent phone number.
Speaker 5 (11:50):
I just read.
Speaker 2 (11:51):
Yes, So our target is calling this particular number, correct, correct,
And then it's listed twice. Explain to me why that's
listed twice. I know that in the previous example there
was a one in this one, there isn't. So if
you don't mind explaining to me what is going on there, sure.
Speaker 8 (12:11):
This is an easier example to explain. The ten digit
phone number ended in twenty one sixty two was entered
into the handset and was a number that was called.
So it was the number that appears in the dial
digits column, and the number that appears in the called
number column, and.
Speaker 5 (12:30):
This one doesn't have like one ones in front of it.
What does that mean?
Speaker 8 (12:35):
Means ahead? The one ones represent when an inbound phone
call is forwarded to the target numbers voicemail. So since
it doesn't have the one ones, it has nothing to
do with voicemail target number.
Speaker 5 (12:49):
And it's not an inbound call either, it's an outgoing call.
Speaker 4 (12:52):
Correct.
Speaker 5 (12:53):
Correct. And if we look at the next column, that's
exactly what it tells us, right.
Speaker 8 (12:58):
Yes, And the date and time that is what June fourth,
two thousand and eight, twenty three forty eight military time,
eleven forty eight standard time, and the call ended at
what time twenty three fifty one military time eleven fifty
one standard time?
Speaker 5 (13:16):
And how many seconds was that?
Speaker 8 (13:19):
One hundred and sixty nine seconds?
Speaker 5 (13:21):
So if we look right under it, it says one
sixty eight. Is that the same call?
Speaker 8 (13:25):
Or is that another call that is the same phone call?
Speaker 5 (13:28):
How do you know that's the same phone call?
Speaker 8 (13:30):
If you look at the times they overlap, you see
the outgoing aspect of the phone call starting at twenty
three forty eight and twenty eight seconds and ending at
twenty three point fifty one and seventeen seconds. The second
aspect of the phone call begins at the same time
and ends just a second earlier because of the overlapping times.
Speaker 6 (13:55):
That is the same phone call.
Speaker 2 (13:57):
And directly underneath we have another entry about the same time,
but about five minutes apart.
Speaker 5 (14:03):
Is that a different phone call?
Speaker 8 (14:04):
That is a different phone call?
Speaker 5 (14:06):
Yes, and that call last said how many seconds?
Speaker 8 (14:14):
Nine hundred and sixty one seconds?
Speaker 2 (14:17):
And then we can go back and trace it back
and it shows the same sort of entry that we
had before.
Speaker 5 (14:21):
Correct. Yes, I don't have any other questions, Thank.
Speaker 3 (14:26):
You, pros examination any questions from the jury for this witness?
I see no hands? Think you you may step down
this it may cause next witness.
Speaker 7 (14:45):
Can you spell your last name? Place you do you?
Speaker 4 (14:47):
Why?
Speaker 2 (14:48):
Pak?
Speaker 1 (14:49):
Ure hand?
Speaker 5 (14:49):
You do?
Speaker 7 (14:50):
Saw me swear? The testimony you're about to give will be.
Speaker 5 (14:52):
The truth, the whole truth, and nothing but the truth.
So help you guys? Your name please leslie udy?
Speaker 4 (15:04):
And what state do you live in?
Speaker 5 (15:07):
Do you know somebody by the name of Jodi Adias?
Speaker 7 (15:10):
Yes?
Speaker 5 (15:11):
Is she in court today? Yes? Where is she seated?
And what is she worried?
Speaker 7 (15:15):
On the far side, it looks like green.
Speaker 2 (15:18):
Your over made the record reflect the identification of the defendant. Yes,
how did you meet miss Adius?
Speaker 7 (15:25):
The first time I met her was at a prepaid
letal convention in Las Vegas.
Speaker 5 (15:30):
And what month and year if you remember.
Speaker 7 (15:35):
Would have been September, I believe, two thousand and six.
Speaker 5 (15:41):
And after that did you become friends or acquaintances with her?
Speaker 7 (15:48):
Yeah, we had a few things in common. We both
did photography and things, so yeah, we talked.
Speaker 2 (15:54):
And did there come a time where you actually took
a trip with the defendant in Travis Ala?
Speaker 7 (16:01):
Yeah, it was an all expense paid trip by our
company in Huntington Beach and we were all there, so yeah,
we spent the time together there. And what was that
That would have been in June of two thousand and seven.
Speaker 2 (16:15):
And during that time did you and the defendant have
any conversations involving the defendant and whether or not she
became concerned or involved about mister Alexander's use of his telephone.
Speaker 7 (16:32):
She mentioned that she was concerned that he might be
seeing someone else, some other girls, And I asked why
she would think that, and she said that she had
seen some texts on his phone.
Speaker 2 (16:47):
Did she tell you how what the occasion was or
how was that she was able to see these text
messages on his telephone.
Speaker 7 (16:54):
She said that she had looked at him while he
was I don't know if he was in the shower
or asleep, but she had his phone was there and
she looked at his.
Speaker 5 (17:03):
Phone subsequent to that.
Speaker 2 (17:06):
Did you have occasion to see her on June five
of two thousand and eight, which was a Thursday.
Speaker 1 (17:13):
Yes?
Speaker 5 (17:14):
And what time of the day did you see her?
Speaker 7 (17:18):
It was in the evening, probably around seven thirty ish.
Speaker 5 (17:23):
Was it after some sort of event?
Speaker 7 (17:25):
It was actually at the event when I first saw her.
Speaker 5 (17:27):
And what event was that?
Speaker 7 (17:29):
It was a prepaid legal business briefing.
Speaker 5 (17:33):
And what time was that event over?
Speaker 7 (17:36):
It gets over about eight thirty between eight thirty nine
o'clock we usually leave.
Speaker 5 (17:40):
And at eight thirty eight eight thirty Where did you go?
Speaker 7 (17:47):
I actually rode with Jody over to Chili's where we
were all going to have something to eat.
Speaker 5 (17:55):
And whose car did you write it?
Speaker 7 (17:57):
Jody's?
Speaker 5 (17:58):
And where did you see it in that car?
Speaker 7 (18:00):
In the passenger seat, the.
Speaker 5 (18:01):
Front passenger seat? Uh? Huh? Is that?
Speaker 2 (18:04):
Yes? Kid?
Speaker 5 (18:05):
Yes? And did you notice whether or not that car
had any carmet in it.
Speaker 7 (18:14):
I didn't. It was dark and I didn't.
Speaker 2 (18:17):
I didn't notice in your seat before you sat And
did you notice whether or not your seat had any
stains on it?
Speaker 7 (18:23):
No?
Speaker 5 (18:23):
Did you even look for stains or anything?
Speaker 7 (18:25):
No?
Speaker 2 (18:26):
So you and the defendant rode over to this restaurant,
and did you just get up and go in or
did you have a conversation?
Speaker 7 (18:34):
And we actually sat out in the parking lot for
a while and talked.
Speaker 5 (18:37):
And how long did you talk?
Speaker 7 (18:40):
It was probably close to an hour.
Speaker 2 (18:43):
And during that time, were you able to observe the
defendant's demeanor, how she was acting?
Speaker 5 (18:48):
Yeah? And how was she acting?
Speaker 7 (18:52):
She was acting like Jody, same Jody I always talked to.
Speaker 5 (18:56):
A new And during that time, did you and she
have a conversation?
Speaker 7 (19:02):
Yes?
Speaker 5 (19:03):
What was Tell me what she said and what you said?
Speaker 7 (19:09):
When we talked a little bit about photography, because she
has some pictures she was supposed to send me from
Huntington Beach and I hadn't gotten them yet, we talked
about Travis.
Speaker 5 (19:21):
And what did she say about Travis?
Speaker 7 (19:24):
She said that they weren't together anymore, which I kind
of already knew. I already knew that and that but
that they would always be friends, and that they had
had a joked and laughed about the fact that at
some point further on they would see each other at
(19:46):
the prepay legal events and their children would play together
and be friends.
Speaker 5 (19:50):
And when you say that their children would play together
be friends and mister Alexander's children or.
Speaker 2 (19:58):
Separate and separately okay, so that she would have children
and mister Alexander would have children and their children would
play together.
Speaker 5 (20:05):
What else did she say?
Speaker 7 (20:10):
She said that Travis had tried to get her to
come to Arizona and that she had told him no
because she was trying to create some separation there. That
that's why she had moved to California is because they've
broken up and she wanted to create that separation.
Speaker 2 (20:29):
Anything else, anything else about mister Alexander that I can recall?
Did she ever indicate whether or not they were good friends,
Were they good friends or just friends, or did she
ever indicate anything like that?
Speaker 7 (20:40):
She indicated that they would always be best friends. I
do remember saying that that they although they had broken
up and weren't together anymore, that they would be best friends.
Speaker 2 (20:50):
And after this conversation, did you guys go into Chili's Yes.
And where did the defendants sit?
Speaker 7 (20:59):
She said, on my handside.
Speaker 5 (21:01):
And did you see who she sat next to?
Speaker 7 (21:03):
My husband, Mark?
Speaker 2 (21:05):
And during that conversation, did your husband raise the issue
of any injuries the defendant may have on her hands?
Speaker 5 (21:16):
Overruled?
Speaker 3 (21:17):
You may answer your answer no, yes.
Speaker 2 (21:20):
And with regard to that question that he may oppose,
did the defendant give an answer yes?
Speaker 5 (21:26):
What did she say?
Speaker 7 (21:28):
She said that she had broken a glass at work
and cut her fingers.
Speaker 2 (21:32):
Now, subsequent to that, and after mister Alexander's body was found,
did you have occasion to receive a telephone call from
the defendant?
Speaker 7 (21:44):
Yes?
Speaker 5 (21:45):
And about what time was it that you received the call?
Speaker 1 (21:50):
It was.
Speaker 7 (21:53):
Right after she found out that he had been killed.
Speaker 5 (21:56):
And so was that the week early morning hours?
Speaker 7 (21:59):
It was in the we early morning, but it was
in the morning.
Speaker 5 (22:02):
And by the morning would it be like eleven ten.
Speaker 7 (22:06):
Or is it it was probably some time between nine
and eleven somewhere in there.
Speaker 5 (22:10):
And at that point, what was her demeanor? What was
she She was very.
Speaker 7 (22:15):
Upset and distraught. She was crying, sobbing, and what was
she saying? She said that Travis was dead, that he'd
been killed.
Speaker 4 (22:25):
And that.
Speaker 7 (22:28):
She couldn't imagine why someone would do that to Travis,
and how could they do something like that to Travis,
that he was such a wonderful person, and why would
anybody do that to him?
Speaker 2 (22:39):
After that phone call, did you receive any telephone calls from.
Speaker 5 (22:44):
Her in the wee early morning hours?
Speaker 7 (22:47):
Yes?
Speaker 2 (22:47):
How much time between the time that you received this
last call where she talks about is debt and the
next telephone call.
Speaker 7 (22:56):
It was at about two o'clock the next morning.
Speaker 5 (22:59):
And how do you know it was about two o'clock
in the morning. How do you know that?
Speaker 7 (23:03):
Well, I had told her in the previous conversation that
she needed somebody to talk to, that I would keep
my phone by my bed, and so when it was
my cellphone, when it went off, my husband made the
comment of who in the world would be calling at
this time of the morning. And I looked at the
clock and it was about two o'clock in the morning.
Speaker 5 (23:20):
And what was the defendant's demeanor?
Speaker 7 (23:25):
She was upset, she was crying, and what was she saying.
She was saying that this was about the time of
day that she normally would talk to Travis, that they
were both night people, and that they would talk about
that time, and that she had lost her best friend
(23:47):
and that she didn't know what to do when she
usually talked to him, and now she just didn't know
what to do.
Speaker 2 (23:56):
With regard to those three conversations, one that you had
after the meeting, the one where she informs you of
the dead, and this last one that you just referenced
in any of those three conversations, did she ever tell
you that she killed Travis?
Speaker 1 (24:10):
No?
Speaker 5 (24:11):
I don't have anything else thinking cross examination.
Speaker 2 (24:15):
Thanks, you are a what was you eating?
Speaker 1 (24:18):
Hi?
Speaker 6 (24:22):
You recall we spoke back in looks like June of
eleventh up in Utah.
Speaker 8 (24:28):
I do, okay.
Speaker 4 (24:31):
One of the things you told me during that conversation,
and you're aware of what miss Arius is being accused
of doing.
Speaker 5 (24:38):
Right, Yes, okay.
Speaker 4 (24:41):
One of the things you told me during that conversation
is that those accusations kind of didn't make sense to
you based on the jody that you knew.
Speaker 6 (24:50):
Do you remember that?
Speaker 5 (24:51):
I do?
Speaker 6 (24:51):
Kay? Could you explain to us what you meant by
that day Hills as to.
Speaker 2 (24:58):
Why do you think that?
Speaker 6 (25:08):
Mister Di Do you remember the question?
Speaker 7 (25:10):
Would you say it again?
Speaker 5 (25:11):
Please?
Speaker 4 (25:12):
I will try One of the things I was reminding
you of that. Back in June twenty eleven, we spoke
about you know, you were aware of the allegations and
how that was not in line with the jody that
you knew, And what I was asking you to do
is to kind of explain to us what you mean
(25:33):
by that.
Speaker 7 (25:35):
Well, the person that I had known was a very quiet,
soft spoken, gentle person, and so that person that I knew,
I couldn't imagine could have done something that like that.
Speaker 4 (26:00):
I also told us a story, told me a story
about a time when you spent the night in mister
Alexander's home, Yes, and he was on the phone with someone.
Speaker 6 (26:14):
Can you kind of tell us that do you remember?
Do you know the story? Could you please share that
story with us?
Speaker 4 (26:26):
Sustained, She's I'm not asking for what can we approach you?
Do you ever believe I was asking you to relay
for us a story about a night you spent at
mister Alexander's home when you were there for or in
Arizona for a business meeting.
Speaker 5 (26:44):
Could you do that for us?
Speaker 7 (26:45):
Now? I came to Arizona for business and Travis was always,
you know, saying, come stay with if you come down here.
I was at his home.
Speaker 3 (27:04):
Oh, you may continue the story, but don't tell us
anything that he said to you.
Speaker 7 (27:09):
Okay, I was saying at his home and I woke
up about one o'clock in the morning, came out to
gil go down to the kitchen to get a drink
of water, and Travis was sitting on a big bean
bag chair right there outside of the bedroom doors.
Speaker 6 (27:29):
Okay, And what was he doing.
Speaker 7 (27:32):
He was talking on the phone.
Speaker 6 (27:35):
And do you know about what time this was?
Speaker 7 (27:37):
It was about one in the morning.
Speaker 6 (27:39):
And do you remember who he was talking to?
Speaker 7 (27:41):
Joe Kingley. I said, say hi to Jody, and can
I say what he said?
Speaker 6 (27:50):
Did you get the impression based on that that he
was talking to Jody?
Speaker 1 (27:53):
Yeah.
Speaker 4 (27:55):
You were asked about this trip to Huntington Beach that
you were on. Yes, Uh, Jody was there, Yes, and.
Speaker 6 (28:06):
Mister Alexander was there.
Speaker 7 (28:07):
Yes.
Speaker 4 (28:09):
And you were asked about some conversations you had with
miss Arias. One thing you weren't ask is during those
conversations where you ever get an inkling or advice that
mister Alexander miss Arius.
Speaker 7 (28:23):
Were having a.
Speaker 3 (28:26):
Yes, thank you, sir, direct.
Speaker 4 (28:33):
One of the things that you testified about was.
Speaker 5 (28:35):
That you knew Miss Areas right, Yes, and the person
that you knew was quiet right, yes.
Speaker 2 (28:41):
Reserve right yes, and you gave us your impression of
how she was right.
Speaker 5 (28:48):
Yes, Well let me show you reporting.
Speaker 2 (28:53):
Man.
Speaker 4 (28:53):
I don't mean to be indelicate when you were, but
you said, you know, I'm gonna hear.
Speaker 6 (28:57):
The rest of you.
Speaker 3 (29:00):
Approach may continue.
Speaker 5 (29:09):
You said you knew her. You see that photograph? Yep,
you know who that is?
Speaker 7 (29:18):
It looks like Jody.
Speaker 5 (29:19):
Did you know anything about that?
Speaker 7 (29:21):
No?
Speaker 5 (29:24):
How about exhibit number one sixty four?
Speaker 2 (29:30):
Who does that look like to you? It's like Jody
know anything about that aspect of her life? No, Exhibit
number one sixty two, that's her foot.
Speaker 5 (29:47):
And this is mister.
Speaker 2 (29:48):
Alexander sustained with regard to that, ever see any of
these pants.
Speaker 7 (29:56):
That she was wearing, were casting them?
Speaker 2 (30:00):
Though?
Speaker 5 (30:03):
You said that you knew her really well, and that
is she somebody that did you?
Speaker 2 (30:08):
When you answered that question, is it your belief that
she would have confided in you in certain things.
Speaker 8 (30:14):
The world?
Speaker 3 (30:17):
You may answer yes or no.
Speaker 2 (30:21):
Yes, she confided in you knew about the relationship, right, yes,
but she never confided in you that she killed or
did she No, I don't have anything else.
Speaker 3 (30:30):
Any questions from the jury. It looks like we do
have one. Any other questions, got a please approach? Did
you ever has a question for you?
Speaker 1 (30:44):
How many meetings or conversations did you have with miss
Arias before Travis' death?
Speaker 7 (30:53):
I can't even tell you. We spoke lots of times.
I can give you a number.
Speaker 5 (31:03):
Follow up from the state a decade.
Speaker 3 (31:06):
It's your nurmy.
Speaker 6 (31:08):
You have several conversations with both Missius and Mistralsander right.
Speaker 4 (31:13):
Correct those photographs you took of Messius, did you have
any idea of that aspect of Travis's life?
Speaker 3 (31:20):
No, you may step down. The state may call us
next witness.
Speaker 4 (31:23):
The state rests.
Speaker 1 (31:30):
All right, ladies and gentlemen, we are going to take
a recess. It is going to be longer than we
had originally expected.
Speaker 3 (31:40):
You do not need to return until January twenty ninth.
Speaker 1 (31:45):
That's Tuesday, January twenty ninth, at ten thirty am. Between
now and then, continue to follow the admonition. I want
to especially stress the importance of avoiding any media contact.
Any media information. There may be information in newspapers, periodicals,
(32:06):
on television. You must be very diligent to avoid any
contact with any outside information about this case before we adjourn.
Has anyone seen any media information about this case?
Speaker 3 (32:22):
Whatsoever? I see no hands.
Speaker 1 (32:28):
Are there any questions when you return on the twenty ninth,
assembl downstairs in the jury assembly room and meeting roommate
where you have been meeting. Thank you, You are excused.
Thanks all right, The record will show the jury has
(32:56):
left the courtroom.
Speaker 3 (32:56):
Please be seated.
Speaker 5 (32:59):
Is there a.
Speaker 4 (33:03):
Yeah, sure, honor, We would be asking for dismissal of
the charges based.
Speaker 6 (33:10):
On rule twenty years on the rules of criminal procedure.
Speaker 4 (33:15):
The charges actually I said plural, but actually a singular
one charge. And I think that's important to know because
I think later on, when I start talking about some
of the case law as it relates to felony murder,
that that distinction and it becomes important that we have
one count of first degree murder charge in alternative fashions
(33:35):
premeditation and felony murder.
Speaker 6 (33:38):
There are no underlying counts.
Speaker 4 (33:41):
There are no charges of burglary, no charges of assault,
anything of that nature. But now, in the history of
this case, there was a fair amount of litigation as
it relates to the charge of felony murder.
Speaker 6 (33:55):
The alternative charge.
Speaker 4 (33:58):
After after the and this area sought inquiry as to
what the lesser included defenses would be. The state protested,
but on March thirty first.
Speaker 6 (34:08):
Twenty ten, they took the position that the.
Speaker 4 (34:12):
Lesser included offenses in support of the filming murder charge,
that they would be using first degree murder or any
lesser included offense.
Speaker 6 (34:22):
A first degree murder and or aggravated assault as the
underlying family for the burden.
Speaker 4 (34:29):
So the question becomes, I think as it relates specifically
to this alternative charge, and I will rest as it
relates to the premeditation charges.
Speaker 6 (34:38):
By saying they have not provided enough evidence that.
Speaker 4 (34:41):
A reasonable jury could convict this areas as it relates
to premeditation, But as it relates to family murder, I
think again, as I said earlier.
Speaker 6 (34:50):
The discussion is much.
Speaker 4 (34:51):
More viable and I think will require some research and
gives me some reflection by this court because the case
law is so sits on both sides of the fence,
and the reasoning becomes circular, and I think the specific
(35:13):
facts are thus important. Beginning by drawing the court's attention
to ARS thirteen eleven, H five A two related to
first degree murder as a felony murder. It states that
is in the course of and furtherance of the offense or.
Speaker 6 (35:37):
The immediate flight they're from.
Speaker 4 (35:40):
Well, I don't think any of the facts that have
been delivered in the court during the State's case in
chief have demonstrated any of this. I think we can
certainly agree that it was had nothing to do with
the immediate flight. We can disregard any discussion of that.
Speaker 6 (35:59):
It has to do whether or not this was in
furtherance of the offense.
Speaker 4 (36:06):
The problem becomes, as I said, rather circular, with law
leaning on both sides of that circle.
Speaker 6 (36:14):
I should say, because.
Speaker 4 (36:16):
What we're saying and what the state is said in
previous pleadings, and.
Speaker 6 (36:20):
I would note that when this issue came up, Judge.
Speaker 4 (36:22):
Duncan said, perhaps this was an issue that are taken
for Roll twenty.
Speaker 6 (36:26):
I believe.
Speaker 8 (36:28):
So.
Speaker 4 (36:29):
I don't want there to be any arguments that this has.
Speaker 6 (36:31):
Raised Yucata as it relates to this issue.
Speaker 4 (36:35):
Because the State now has presented their case, they have
presented nothing, nothing as it relates to any other underlying filming.
Speaker 6 (36:44):
Nothing. The argument will likely be that she remained in the.
Speaker 4 (36:49):
Home unlawfully when she attacked mister Alexander, because there can
be no legitimate dispute.
Speaker 6 (36:57):
About the fact that she was there.
Speaker 4 (36:58):
Willingly know this because of the photographs the state just show.
We have photographs that show that miss Arius was certainly
in an invited and willing guest in mister Alexander's home
at twelve forty five in the afternoon. Approximately around that time,
(37:19):
we have photographs indicating that miss Arius was a welcome
guest in the home after five that afternoon.
Speaker 6 (37:28):
We know that something changed.
Speaker 4 (37:30):
At that point in time that is depicted on those cameras.
So the question becomes as it relates to felony murder,
were these actions taken to facilitate some other crime? No,
it's pretty clear either the base on the facts that
the State is presented in the course of their check
(37:53):
case a Chief, this is either a case of premeditated murder.
Speaker 2 (37:58):
Or it's not.
Speaker 6 (38:01):
That's really it, because.
Speaker 4 (38:07):
These are the same events. What what what would she
be furthering? What other crime would she be furthering when
she supposedly, by the state's theory, depending on what you believe,
shot first, then stab or stab shot first. Who knows
if there'll be another version of events, but that does
(38:28):
not include another underlying flam. I think there's a couple
cases that are important for the court to take note
of in consideration in this emotion. State the Miles one
eight six Arizona ten stated Martinez to eighteen Arizona four
(38:54):
twenty one, and state the Lacy one.
Speaker 6 (38:58):
Eighty seven Arizona fe Three forty.
Speaker 4 (39:02):
The Arizona Supreme Court also released on August sixteenth. And
forgive me, I'm not able to give the standard side
my research this morning. State me hardy see zero nine.
That's zero two two four that was decided or announced
(39:23):
by the Arizona Zona Supreme Court.
Speaker 6 (39:26):
August sixteenth, two thousand and two.
Speaker 4 (39:30):
And I will also cite the court because it is
more than likely going to be asserted by the state,
that case being state be more two two two Arizona one.
That is a two thousand and nine opinion. And what
you will see is when the court reviews these cases.
I think what the court will see is that there
(39:52):
are cases on both sides related to the facilitation the furtherance.
Speaker 6 (39:58):
Whether or not.
Speaker 4 (40:00):
You know there's case it talks about burning a building
with or without the intent to kill the person is
still dead, that there doesn't need to be a distinct felony.
But these are different if we look at Hardy and
we look at More, they.
Speaker 6 (40:13):
Are different cases.
Speaker 4 (40:14):
And the fact that they entered the home, mister Hardy
entered the home with the victim of the kidnapping in
order to facilitate a crime. The argument and Hardy on
appeal was whether or not that it was really meant
to facilitate the murders really facilitated or the kidnapping facilitated
the murders. And because it was separate individuals, and for
(40:37):
other reasons, because he entered the home, that argument was
held not to be correct. And I think More is
a similar case. But here we have a situation of
an invited guest there for a long time and in
a moment in time about a.
Speaker 6 (40:52):
Minute, something changes.
Speaker 4 (40:55):
So the essence of the argument here on is that
there was nothing facilitated at all.
Speaker 6 (41:02):
There was no distinct defense.
Speaker 4 (41:04):
For this burglary, and the charge, the assertions of felony
murder based.
Speaker 6 (41:09):
On that should not stand.
Speaker 3 (41:13):
Mister Martinez, the.
Speaker 2 (41:17):
Uh charge of our first degree murder auth indicated that
candy Or was charged in the alternative premeditation and felony
murder as to the premeditation of I don't wanna gloss
over that.
Speaker 4 (41:34):
This case shows that on May twenty eighth of.
Speaker 2 (41:37):
Two thousand and eight, approximately a week before June fourth,
the defendant staged.
Speaker 5 (41:43):
A burglary of her own prone to steal the.
Speaker 6 (41:47):
Murder weapon so that she could kill mister Alexander.
Speaker 2 (41:51):
She then went to rent the car, not in the
place that she lived, not the town that she lived,
for fear.
Speaker 4 (41:59):
Of being recked nice. Instead, she went to another town.
Speaker 2 (42:04):
Ninety miles away, reading California. She shows up as a
blonde in a mail with her We asked by the
person who is renting the car to her, where are
you going? She says, uh, just around town and I
said the car. Well, didn't want to read one because
it was a little bit too loud. Didn't want to
(42:26):
be noticed. The plan was already in fact, and she
did not want anybody to know that she was the
person that had rented that car. She finds her way
down to Mesa, Arizona, where mister Alexander lives, and as
part of this plan, of this premeditation, she takes or
she took the license plates the front and the back
(42:48):
license plates off her car. She comes up with a
story about some kids at Starbucks perhaps playing a joke
or prank on her, but that clearly is not true.
So she didn't want to be recognized when she went
over to mister Alexander's home because she was going to
kill him.
Speaker 4 (43:08):
In addition to bringing the gun, she also brought a knife.
Speaker 5 (43:11):
And when she got there, she.
Speaker 2 (43:15):
Engaged in whatever conduct she engaged in, and then she
began to attack him.
Speaker 4 (43:21):
She began to attack him after she had.
Speaker 2 (43:24):
In a manner speaking, lulled him to sleep, had him
in a very vulnerable position sitting in that shower. And
it is the state's position that she stabbed him first,
and it's based on what the medical examiner told us
Kevin Harm as to what would happen.
Speaker 5 (43:43):
If the shot would have been first, we would not
have had.
Speaker 4 (43:45):
That crime scene.
Speaker 2 (43:47):
And so once she begins stabbing him, it's not a
situation where she stopped. She killed him three times over,
and that also can be factored in to the premeditation aspect.
The premeditation here can be as long as a week
or in between the stabbings and the shootings. We're talking
(44:08):
over a minute, maybe two minutes, and as the court
as well, where the law, and I will regurgitate it
and bore everybody about what the law is.
Speaker 4 (44:17):
That it can be done in a very quick fashion.
Speaker 2 (44:21):
And so this defendant kills mister Alexander three different ways.
And so there is, at least for purposes of verul twenty,
which is what we're talking about, evidence sufficiently substantial to
warrant that aspect of the charge. As to the alternative
form of the first degree murder, the felony murder, it
(44:44):
is the state's contention that we listed three that apply crimes,
but the assault is the one that's most suited. When
she began stabbing him, no one can debate the fact.
Mister Alexander, if you were alive to be asked, did
you really want her to be in your house when
(45:07):
she began stabbing you, I am sure he would have said, no,
I do not.
Speaker 5 (45:12):
I don't want her to stab me anymore. And at
that point, she is no.
Speaker 2 (45:16):
Longer a guest, She's not an invited guest. Her status
has changed from that of an invited guest to a murderer.
And if that is the case, the assault, the stabbing
that continued after that.
Speaker 5 (45:34):
Formed the.
Speaker 2 (45:36):
Predicate if you will for this felony, the issue has
been briefed.
Speaker 4 (45:42):
You have all of that before you.
Speaker 2 (45:44):
So I incorporated repents of my argument and ask you
to deny the defendant's request or a rule of twenty
judgment of the funnel.
Speaker 6 (45:54):
Thank you, Judseph, and maybe respond or.
Speaker 4 (46:00):
As an initial matter before I forget, I would like
to certainly reserve the right to re urge the World
twenty motion given self defense law in Arizona, in the
state's assertions, at least at this point that a rebuttal
case will be made related to the burden of proof
that the state must have of overcoming miss Arius' claim
of self defense. But here I think in terms of
(46:25):
what the state just told you, I think if we
were between the lines, we can see the reality that
I said that this is either a case of first degree.
Speaker 3 (46:33):
Murder or not.
Speaker 6 (46:34):
This burglary charge has been.
Speaker 4 (46:37):
Put in the pleadings related to felom murder is just
an empty vessel in order to seek a first degree
murder conviction. Ultimately, and the state postulated this idea that
miss Areas came to mister Alexander's home based on gun
(46:58):
theft that occurred to Grand Brento, came to the home.
And this when we just heard the state say with
a gun and a knife, I would certainly point out
to the fact that there's been no evidence that Misseria
has brought a knife. The state has not presented any
evidence of that, nor have they presented a gun.
Speaker 6 (47:14):
They've only made a being between a theft.
Speaker 4 (47:18):
The theft that occurred a week later. But then it
would be seen to be the case again that she,
under the state's.
Speaker 5 (47:25):
Theory of what just told you, that she.
Speaker 4 (47:28):
Came to miss Alexander's home with that intent. What the
state also said is that she lured him into a
vulnerable position by having sex with him, So that was
that the intent would have been formed before she went
in the house under what this theory the state just
told you. And then what they're saying is that she assaulted.
(47:50):
I guess now they're not talking about the lesser includeds
other than assault. That she assaulted mister Alexander with the intent.
Speaker 6 (48:00):
To facilitate a murder.
Speaker 4 (48:03):
And I would say, again, the circular reasoning of that
is readily apparent. And when you look at the case,
lie sided, I think you will see that it is
distinguishable for more distinguishable for hearty, and that the alternative
theory that felping murder should not stand.
Speaker 1 (48:23):
All right, the motion is under advisement, so the Evidentiary
here in ten thirty am on January twenty eighth.
Speaker 5 (48:32):
See you then,
What do you mean?
Speaker 2 (00:01):
Back to.
Speaker 3 (00:16):
M detective, would you knock on the door and let
the bailiff nowhere please be seated?
Speaker 1 (00:28):
The record will show the presence of the jury the
dependent in all council, mister Martinez, the.
Speaker 4 (00:33):
Favorite called UH detected.
Speaker 5 (00:35):
The step up the floors, the stable.
Speaker 3 (00:46):
Detective floors who are still in the roads.
Speaker 5 (00:47):
Do you understand, yes, I.
Speaker 2 (00:49):
Do your davy's service a step on floats? Yeah? Ever, UH,
when you talk about is there a topical calls that
you may have happened to the.
Speaker 3 (00:59):
Dedit that's uh.
Speaker 2 (01:00):
At one point about June twenty first, two thousand and eight,
did she leave.
Speaker 6 (01:04):
You a telephoni massage?
Speaker 5 (01:06):
Yes?
Speaker 4 (01:06):
You did?
Speaker 6 (01:06):
And and UH as a return or any message? Did
she include the number for you fall back home?
Speaker 5 (01:13):
Yes? Spost take a look at.
Speaker 4 (01:19):
The exib thrade you know, and what'd you look at it?
Speaker 6 (01:22):
Did you groeve you with UH as fired.
Speaker 4 (01:25):
A thirty fourth this month?
Speaker 1 (01:27):
Yes?
Speaker 2 (01:27):
And is that message including her voice and the telephone.
Speaker 4 (01:32):
Number that she left for you?
Speaker 5 (01:33):
Yes? It is.
Speaker 4 (01:36):
What pretty amission of did it three normal version?
Speaker 5 (01:43):
M Uh?
Speaker 2 (01:49):
This is UH mess so fon June twenty first, two
thousand eight, UH from judy areas.
Speaker 5 (01:59):
Right, you're still there. You have one saved.
Speaker 2 (02:04):
First saved message high Detective is the thirty areas calling
in regards to Travis Alexander.
Speaker 5 (02:11):
It's Saturday.
Speaker 3 (02:11):
I'm not kindly short time, but maybe you're off, so
I hope you're joining your day off.
Speaker 7 (02:16):
If not, if you could give me a call back.
Speaker 8 (02:17):
My phone number is eight three one four zero two
one nine zero one.
Speaker 7 (02:22):
Thanks, talk to you him bye.
Speaker 6 (02:26):
And this message.
Speaker 5 (02:27):
To delete this message, press seven to save it.
Speaker 3 (02:30):
In the archives, press nine to hear more.
Speaker 4 (02:36):
And the documents in Exhibit three sixty six.
Speaker 5 (02:39):
The number that a telephone number that is referenced there
is that the same.
Speaker 4 (02:42):
One as the one reference by.
Speaker 5 (02:44):
Miss Arius and her call. Yes, I don't have any
other questions.
Speaker 3 (02:53):
Cross examination.
Speaker 5 (02:55):
Thanks.
Speaker 4 (03:00):
If you were present when the photos of miss Arius
and mister Alexander were shown in court, correct, yes okay?
And those were recovered from the camera on the scene. Right, Yes, okay,
And that was a few weeks after the investigation began
that those photographs were actually recovered. Right, It took a
(03:22):
couple of weeks for your forensics department to obtain those
yes okay. In before they obtained those had you had
any other evidence that miss Arius was.
Speaker 8 (03:33):
At mister Alexander's home on June fourth, No, I don't believe.
Speaker 4 (03:37):
So okay, So you spoke with numerous friends of his right, yes, okay,
you and you're and other investigators people at the scene,
that sort of thing. Numerous people at the scene, friends
of his right, yes, and the roommates, and none of
them gave you any information the idea that miss Arius
(03:59):
was coming to.
Speaker 6 (04:00):
Is it mister Alexander?
Speaker 1 (04:01):
Right?
Speaker 2 (04:01):
That's correct.
Speaker 6 (04:02):
Sounds to me like it's a secret.
Speaker 4 (04:04):
Right, nothing for it.
Speaker 1 (04:08):
Redirector any questions from the jury for this witness, see
no hands.
Speaker 3 (04:14):
You may step down. You may call your next witness.
Speaker 5 (04:17):
The spade caused the pisacilia of records for Sprint.
Speaker 6 (04:26):
Jeff Strong, J E. F. F. S.
Speaker 5 (04:30):
T R O.
Speaker 8 (04:31):
H Annas and Mary that's right.
Speaker 5 (04:34):
Han you do song me square.
Speaker 7 (04:35):
The testimony you're about to give will be the truth,
the whole truth, and nothing but the truth.
Speaker 5 (04:38):
So help you God, I do thank you.
Speaker 3 (04:40):
Please walk right around and have a seat.
Speaker 4 (04:45):
Your data service.
Speaker 8 (04:46):
My name is Jeff Strone And who do you work for?
I work for Sprint. Next tell Telecommunications what kind of
business is that just briefly, we're a cell phone company.
Speaker 5 (04:59):
H And I'm going to show you.
Speaker 4 (05:02):
Exhibit number of three sixty six records that are made
at or near the time that the telephone call is
being made.
Speaker 8 (05:14):
Yes.
Speaker 2 (05:14):
And the information that's on these records is it created
from the information transmitted by the hand sense as they're
communicating through your network, Yes they are.
Speaker 5 (05:24):
And these.
Speaker 2 (05:26):
Numbers or this information is that captain the normal course
of business?
Speaker 1 (05:31):
Yes.
Speaker 5 (05:32):
And with regard to the item that you have in
front of you, are there those partial records? Who are
a telephone number?
Speaker 8 (05:38):
Yes, they are.
Speaker 5 (05:39):
And what's that telephone number?
Speaker 8 (05:41):
The phone number is eight three one four zero two
one nine zero one.
Speaker 5 (05:48):
And those are true and acer copies of the originals. Yes,
I remember for the admission of exhibit number three.
Speaker 3 (06:04):
Three sixty six is admitted.
Speaker 5 (06:09):
Just so that we can get familiar with how they looked.
Speaker 2 (06:18):
Let's take a look at the second page, in the
first column when it says calling NBR, what are we
talking about?
Speaker 8 (06:25):
That's the calling number, that's the number that's initiating a
particular phone call.
Speaker 2 (06:31):
So, for example, if we take the first one that
the initiating number is an eight O one number, right, yes,
And the.
Speaker 5 (06:38):
Number that they called is our target phone? Correct?
Speaker 8 (06:44):
Not necessarily?
Speaker 1 (06:45):
No?
Speaker 5 (06:46):
Okay? Why do we have their one one eight three,
one four oh two one nine oh one? What are
we looking at there?
Speaker 8 (06:53):
What that column represents is the called number, the number
that's receiving a particular phone call for this specific example,
which has the one to one before the ten digit
target number ending in one nine zero one. What that
represents is a phone call that's routed to voicemail.
Speaker 2 (07:12):
Okay, And then we have the dial digits. What is
How is that this different than what we looked at
just now?
Speaker 8 (07:19):
Those are the numbers actually input into the physical handset.
Speaker 5 (07:24):
In other words, the.
Speaker 2 (07:28):
Person who's calling actually inputted those numbers into their handset.
Speaker 5 (07:32):
Correct, okay? And then the MR number what does that mean?
Speaker 8 (07:37):
That's an acronym for mobile role, the role of the
target number the entrec see underneath. There are going to
be inbound, outgoing, or routed with respect to the target
number ending in one nine zero one. Inbound being that
the target numbers receiving a phone call. Outbound being that
(07:59):
the target number is initiating the phone call, and then
routed phone calls.
Speaker 5 (08:04):
All right? And the start date is what information is
provided there.
Speaker 8 (08:10):
That's the date and time as to win a phone
call initially registers onto our network.
Speaker 2 (08:16):
And when you say it registers out to the network,
are we talking about the switch or yes?
Speaker 5 (08:21):
Okay? And then the end date and time?
Speaker 8 (08:24):
What about that when a phone call terminates from our
network or switch?
Speaker 5 (08:29):
And the duration is that? What's the unit of measure there?
Speaker 8 (08:34):
Seconds? It's the amount of time spent on the network
in seconds.
Speaker 5 (08:38):
And then our ep l L number what is that?
Speaker 8 (08:43):
That's the repoll number for the sake of these records.
What it is is a reference to a group of
cell phone towers with respect to a certain area. There's
a repool number for Kansas City, there's a repool number
for Dallas. For bigger areas such as Los Angeles, there's
multiple repull numbers. But again it references references some sort
(09:05):
of geographic region.
Speaker 5 (09:08):
And then that it has first sell What does that mean?
Speaker 8 (09:14):
That number indicates the specific cell phone tower that the
target number is using at the beginning of a phone call.
Speaker 5 (09:23):
Well, how come we have zeros here? What does that mean?
Speaker 8 (09:26):
It can be a couple different things. For text messages,
it's not going to going to show any cell side information. Also,
when phone calls are routed to voicemail, Like the first
example that we looked at on the screen, that's not
going to show any cell side information.
Speaker 2 (09:46):
When you say it's routed to voicemail, who has the
actual system of the voicemail?
Speaker 5 (09:51):
Is it your company at a server somewhere or is
it the phone.
Speaker 8 (09:53):
Itself Sprint the company sprint, we have a server that
provides voicemail. The call records will show when an inbound
phone call is routed voicemail accordingly.
Speaker 5 (10:05):
And then the last cell what does that mean?
Speaker 8 (10:08):
That indicates the specific cell phone tower that the target
number is using at the end of the phone call.
Speaker 5 (10:14):
Okay, I'm going to go down here and take a
look at.
Speaker 2 (10:19):
This entry, and it's June fourth, two thousand and eight,
at eleven twenty eight seconds.
Speaker 5 (10:26):
You see that one. Yes, in terms of the time,
this time that we have here, does somebody.
Speaker 2 (10:33):
Walk around and set the clock for you or is
that set according to some other unit of measure of time?
Speaker 5 (10:42):
In other words, where do you get that? Sure?
Speaker 8 (10:45):
The timestamp for phone calls is with respect to the
switch that's fielding the phone call. So if I make
or receive a phone call in the Phoenix area. It's
going to represent Arizona time, okay.
Speaker 5 (11:00):
And in this case right here, for this line here,
the calling number.
Speaker 8 (11:06):
Is what eight three one four zero two one nine
zero one.
Speaker 5 (11:12):
And so does that mean that the target number is
the one that's making this call?
Speaker 8 (11:16):
Yes?
Speaker 5 (11:17):
And then the number that is being called is what.
Speaker 8 (11:20):
Ninety five one five three six two one sixty two.
Speaker 2 (11:25):
And then if we take a look at exhibit number
three sixty two, do you see the number there, the
mobile directory number. Yes, I think the same numbers is
(11:46):
the one you just read.
Speaker 8 (11:46):
To me that is the same same tendagent phone number.
Speaker 5 (11:50):
I just read.
Speaker 2 (11:51):
Yes, So our target is calling this particular number, correct, correct,
And then it's listed twice. Explain to me why that's
listed twice. I know that in the previous example there
was a one in this one, there isn't. So if
you don't mind explaining to me what is going on there, sure.
Speaker 8 (12:11):
This is an easier example to explain. The ten digit
phone number ended in twenty one sixty two was entered
into the handset and was a number that was called.
So it was the number that appears in the dial
digits column, and the number that appears in the called
number column, and.
Speaker 5 (12:30):
This one doesn't have like one ones in front of it.
What does that mean?
Speaker 8 (12:35):
Means ahead? The one ones represent when an inbound phone
call is forwarded to the target numbers voicemail. So since
it doesn't have the one ones, it has nothing to
do with voicemail target number.
Speaker 5 (12:49):
And it's not an inbound call either, it's an outgoing call.
Speaker 4 (12:52):
Correct.
Speaker 5 (12:53):
Correct. And if we look at the next column, that's
exactly what it tells us, right.
Speaker 8 (12:58):
Yes, And the date and time that is what June fourth,
two thousand and eight, twenty three forty eight military time,
eleven forty eight standard time, and the call ended at
what time twenty three fifty one military time eleven fifty
one standard time?
Speaker 5 (13:16):
And how many seconds was that?
Speaker 8 (13:19):
One hundred and sixty nine seconds?
Speaker 5 (13:21):
So if we look right under it, it says one
sixty eight. Is that the same call?
Speaker 8 (13:25):
Or is that another call that is the same phone call?
Speaker 5 (13:28):
How do you know that's the same phone call?
Speaker 8 (13:30):
If you look at the times they overlap, you see
the outgoing aspect of the phone call starting at twenty
three forty eight and twenty eight seconds and ending at
twenty three point fifty one and seventeen seconds. The second
aspect of the phone call begins at the same time
and ends just a second earlier because of the overlapping times.
Speaker 6 (13:55):
That is the same phone call.
Speaker 2 (13:57):
And directly underneath we have another entry about the same time,
but about five minutes apart.
Speaker 5 (14:03):
Is that a different phone call?
Speaker 8 (14:04):
That is a different phone call?
Speaker 5 (14:06):
Yes, and that call last said how many seconds?
Speaker 8 (14:14):
Nine hundred and sixty one seconds?
Speaker 2 (14:17):
And then we can go back and trace it back
and it shows the same sort of entry that we
had before.
Speaker 5 (14:21):
Correct. Yes, I don't have any other questions, Thank.
Speaker 3 (14:26):
You, pros examination any questions from the jury for this witness?
I see no hands? Think you you may step down
this it may cause next witness.
Speaker 7 (14:45):
Can you spell your last name? Place you do you?
Speaker 4 (14:47):
Why?
Speaker 2 (14:48):
Pak?
Speaker 1 (14:49):
Ure hand?
Speaker 5 (14:49):
You do?
Speaker 7 (14:50):
Saw me swear? The testimony you're about to give will be.
Speaker 5 (14:52):
The truth, the whole truth, and nothing but the truth.
So help you guys? Your name please leslie udy?
Speaker 4 (15:04):
And what state do you live in?
Speaker 5 (15:07):
Do you know somebody by the name of Jodi Adias?
Speaker 7 (15:10):
Yes?
Speaker 5 (15:11):
Is she in court today? Yes? Where is she seated?
And what is she worried?
Speaker 7 (15:15):
On the far side, it looks like green.
Speaker 2 (15:18):
Your over made the record reflect the identification of the defendant. Yes,
how did you meet miss Adius?
Speaker 7 (15:25):
The first time I met her was at a prepaid
letal convention in Las Vegas.
Speaker 5 (15:30):
And what month and year if you remember.
Speaker 7 (15:35):
Would have been September, I believe, two thousand and six.
Speaker 5 (15:41):
And after that did you become friends or acquaintances with her?
Speaker 7 (15:48):
Yeah, we had a few things in common. We both
did photography and things, so yeah, we talked.
Speaker 2 (15:54):
And did there come a time where you actually took
a trip with the defendant in Travis Ala?
Speaker 7 (16:01):
Yeah, it was an all expense paid trip by our
company in Huntington Beach and we were all there, so yeah,
we spent the time together there. And what was that
That would have been in June of two thousand and seven.
Speaker 2 (16:15):
And during that time did you and the defendant have
any conversations involving the defendant and whether or not she
became concerned or involved about mister Alexander's use of his telephone.
Speaker 7 (16:32):
She mentioned that she was concerned that he might be
seeing someone else, some other girls, And I asked why
she would think that, and she said that she had
seen some texts on his phone.
Speaker 2 (16:47):
Did she tell you how what the occasion was or
how was that she was able to see these text
messages on his telephone.
Speaker 7 (16:54):
She said that she had looked at him while he
was I don't know if he was in the shower
or asleep, but she had his phone was there and
she looked at his.
Speaker 5 (17:03):
Phone subsequent to that.
Speaker 2 (17:06):
Did you have occasion to see her on June five
of two thousand and eight, which was a Thursday.
Speaker 1 (17:13):
Yes?
Speaker 5 (17:14):
And what time of the day did you see her?
Speaker 7 (17:18):
It was in the evening, probably around seven thirty ish.
Speaker 5 (17:23):
Was it after some sort of event?
Speaker 7 (17:25):
It was actually at the event when I first saw her.
Speaker 5 (17:27):
And what event was that?
Speaker 7 (17:29):
It was a prepaid legal business briefing.
Speaker 5 (17:33):
And what time was that event over?
Speaker 7 (17:36):
It gets over about eight thirty between eight thirty nine
o'clock we usually leave.
Speaker 5 (17:40):
And at eight thirty eight eight thirty Where did you go?
Speaker 7 (17:47):
I actually rode with Jody over to Chili's where we
were all going to have something to eat.
Speaker 5 (17:55):
And whose car did you write it?
Speaker 7 (17:57):
Jody's?
Speaker 5 (17:58):
And where did you see it in that car?
Speaker 7 (18:00):
In the passenger seat, the.
Speaker 5 (18:01):
Front passenger seat? Uh? Huh? Is that?
Speaker 2 (18:04):
Yes? Kid?
Speaker 5 (18:05):
Yes? And did you notice whether or not that car
had any carmet in it.
Speaker 7 (18:14):
I didn't. It was dark and I didn't.
Speaker 2 (18:17):
I didn't notice in your seat before you sat And
did you notice whether or not your seat had any
stains on it?
Speaker 7 (18:23):
No?
Speaker 5 (18:23):
Did you even look for stains or anything?
Speaker 7 (18:25):
No?
Speaker 2 (18:26):
So you and the defendant rode over to this restaurant,
and did you just get up and go in or
did you have a conversation?
Speaker 7 (18:34):
And we actually sat out in the parking lot for
a while and talked.
Speaker 5 (18:37):
And how long did you talk?
Speaker 7 (18:40):
It was probably close to an hour.
Speaker 2 (18:43):
And during that time, were you able to observe the
defendant's demeanor, how she was acting?
Speaker 5 (18:48):
Yeah? And how was she acting?
Speaker 7 (18:52):
She was acting like Jody, same Jody I always talked to.
Speaker 5 (18:56):
A new And during that time, did you and she
have a conversation?
Speaker 7 (19:02):
Yes?
Speaker 5 (19:03):
What was Tell me what she said and what you said?
Speaker 7 (19:09):
When we talked a little bit about photography, because she
has some pictures she was supposed to send me from
Huntington Beach and I hadn't gotten them yet, we talked
about Travis.
Speaker 5 (19:21):
And what did she say about Travis?
Speaker 7 (19:24):
She said that they weren't together anymore, which I kind
of already knew. I already knew that and that but
that they would always be friends, and that they had
had a joked and laughed about the fact that at
some point further on they would see each other at
(19:46):
the prepay legal events and their children would play together
and be friends.
Speaker 5 (19:50):
And when you say that their children would play together
be friends and mister Alexander's children or.
Speaker 2 (19:58):
Separate and separately okay, so that she would have children
and mister Alexander would have children and their children would
play together.
Speaker 5 (20:05):
What else did she say?
Speaker 7 (20:10):
She said that Travis had tried to get her to
come to Arizona and that she had told him no
because she was trying to create some separation there. That
that's why she had moved to California is because they've
broken up and she wanted to create that separation.
Speaker 2 (20:29):
Anything else, anything else about mister Alexander that I can recall?
Did she ever indicate whether or not they were good friends,
Were they good friends or just friends, or did she
ever indicate anything like that?
Speaker 7 (20:40):
She indicated that they would always be best friends. I
do remember saying that that they although they had broken
up and weren't together anymore, that they would be best friends.
Speaker 2 (20:50):
And after this conversation, did you guys go into Chili's Yes.
And where did the defendants sit?
Speaker 7 (20:59):
She said, on my handside.
Speaker 5 (21:01):
And did you see who she sat next to?
Speaker 7 (21:03):
My husband, Mark?
Speaker 2 (21:05):
And during that conversation, did your husband raise the issue
of any injuries the defendant may have on her hands?
Speaker 5 (21:16):
Overruled?
Speaker 3 (21:17):
You may answer your answer no, yes.
Speaker 2 (21:20):
And with regard to that question that he may oppose,
did the defendant give an answer yes?
Speaker 5 (21:26):
What did she say?
Speaker 7 (21:28):
She said that she had broken a glass at work
and cut her fingers.
Speaker 2 (21:32):
Now, subsequent to that, and after mister Alexander's body was found,
did you have occasion to receive a telephone call from
the defendant?
Speaker 7 (21:44):
Yes?
Speaker 5 (21:45):
And about what time was it that you received the call?
Speaker 1 (21:50):
It was.
Speaker 7 (21:53):
Right after she found out that he had been killed.
Speaker 5 (21:56):
And so was that the week early morning hours?
Speaker 7 (21:59):
It was in the we early morning, but it was
in the morning.
Speaker 5 (22:02):
And by the morning would it be like eleven ten.
Speaker 7 (22:06):
Or is it it was probably some time between nine
and eleven somewhere in there.
Speaker 5 (22:10):
And at that point, what was her demeanor? What was
she She was very.
Speaker 7 (22:15):
Upset and distraught. She was crying, sobbing, and what was
she saying? She said that Travis was dead, that he'd
been killed.
Speaker 4 (22:25):
And that.
Speaker 7 (22:28):
She couldn't imagine why someone would do that to Travis,
and how could they do something like that to Travis,
that he was such a wonderful person, and why would
anybody do that to him?
Speaker 2 (22:39):
After that phone call, did you receive any telephone calls from.
Speaker 5 (22:44):
Her in the wee early morning hours?
Speaker 7 (22:47):
Yes?
Speaker 2 (22:47):
How much time between the time that you received this
last call where she talks about is debt and the
next telephone call.
Speaker 7 (22:56):
It was at about two o'clock the next morning.
Speaker 5 (22:59):
And how do you know it was about two o'clock
in the morning. How do you know that?
Speaker 7 (23:03):
Well, I had told her in the previous conversation that
she needed somebody to talk to, that I would keep
my phone by my bed, and so when it was
my cellphone, when it went off, my husband made the
comment of who in the world would be calling at
this time of the morning. And I looked at the
clock and it was about two o'clock in the morning.
Speaker 5 (23:20):
And what was the defendant's demeanor?
Speaker 7 (23:25):
She was upset, she was crying, and what was she saying.
She was saying that this was about the time of
day that she normally would talk to Travis, that they
were both night people, and that they would talk about
that time, and that she had lost her best friend
(23:47):
and that she didn't know what to do when she
usually talked to him, and now she just didn't know
what to do.
Speaker 2 (23:56):
With regard to those three conversations, one that you had
after the meeting, the one where she informs you of
the dead, and this last one that you just referenced
in any of those three conversations, did she ever tell
you that she killed Travis?
Speaker 1 (24:10):
No?
Speaker 5 (24:11):
I don't have anything else thinking cross examination.
Speaker 2 (24:15):
Thanks, you are a what was you eating?
Speaker 1 (24:18):
Hi?
Speaker 6 (24:22):
You recall we spoke back in looks like June of
eleventh up in Utah.
Speaker 8 (24:28):
I do, okay.
Speaker 4 (24:31):
One of the things you told me during that conversation,
and you're aware of what miss Arius is being accused
of doing.
Speaker 5 (24:38):
Right, Yes, okay.
Speaker 4 (24:41):
One of the things you told me during that conversation
is that those accusations kind of didn't make sense to
you based on the jody that you knew.
Speaker 6 (24:50):
Do you remember that?
Speaker 5 (24:51):
I do?
Speaker 6 (24:51):
Kay? Could you explain to us what you meant by
that day Hills as to.
Speaker 2 (24:58):
Why do you think that?
Speaker 6 (25:08):
Mister Di Do you remember the question?
Speaker 7 (25:10):
Would you say it again?
Speaker 5 (25:11):
Please?
Speaker 4 (25:12):
I will try One of the things I was reminding
you of that. Back in June twenty eleven, we spoke
about you know, you were aware of the allegations and
how that was not in line with the jody that
you knew, And what I was asking you to do
is to kind of explain to us what you mean
(25:33):
by that.
Speaker 7 (25:35):
Well, the person that I had known was a very quiet,
soft spoken, gentle person, and so that person that I knew,
I couldn't imagine could have done something that like that.
Speaker 4 (26:00):
I also told us a story, told me a story
about a time when you spent the night in mister
Alexander's home, Yes, and he was on the phone with someone.
Speaker 6 (26:14):
Can you kind of tell us that do you remember?
Do you know the story? Could you please share that
story with us?
Speaker 4 (26:26):
Sustained, She's I'm not asking for what can we approach you?
Do you ever believe I was asking you to relay
for us a story about a night you spent at
mister Alexander's home when you were there for or in
Arizona for a business meeting.
Speaker 5 (26:44):
Could you do that for us?
Speaker 7 (26:45):
Now? I came to Arizona for business and Travis was always,
you know, saying, come stay with if you come down here.
I was at his home.
Speaker 3 (27:04):
Oh, you may continue the story, but don't tell us
anything that he said to you.
Speaker 7 (27:09):
Okay, I was saying at his home and I woke
up about one o'clock in the morning, came out to
gil go down to the kitchen to get a drink
of water, and Travis was sitting on a big bean
bag chair right there outside of the bedroom doors.
Speaker 6 (27:29):
Okay, And what was he doing.
Speaker 7 (27:32):
He was talking on the phone.
Speaker 6 (27:35):
And do you know about what time this was?
Speaker 7 (27:37):
It was about one in the morning.
Speaker 6 (27:39):
And do you remember who he was talking to?
Speaker 7 (27:41):
Joe Kingley. I said, say hi to Jody, and can
I say what he said?
Speaker 6 (27:50):
Did you get the impression based on that that he
was talking to Jody?
Speaker 1 (27:53):
Yeah.
Speaker 4 (27:55):
You were asked about this trip to Huntington Beach that
you were on. Yes, Uh, Jody was there, Yes, and.
Speaker 6 (28:06):
Mister Alexander was there.
Speaker 7 (28:07):
Yes.
Speaker 4 (28:09):
And you were asked about some conversations you had with
miss Arias. One thing you weren't ask is during those
conversations where you ever get an inkling or advice that
mister Alexander miss Arius.
Speaker 7 (28:23):
Were having a.
Speaker 3 (28:26):
Yes, thank you, sir, direct.
Speaker 4 (28:33):
One of the things that you testified about was.
Speaker 5 (28:35):
That you knew Miss Areas right, Yes, and the person
that you knew was quiet right, yes.
Speaker 2 (28:41):
Reserve right yes, and you gave us your impression of
how she was right.
Speaker 5 (28:48):
Yes, Well let me show you reporting.
Speaker 2 (28:53):
Man.
Speaker 4 (28:53):
I don't mean to be indelicate when you were, but
you said, you know, I'm gonna hear.
Speaker 6 (28:57):
The rest of you.
Speaker 3 (29:00):
Approach may continue.
Speaker 5 (29:09):
You said you knew her. You see that photograph? Yep,
you know who that is?
Speaker 7 (29:18):
It looks like Jody.
Speaker 5 (29:19):
Did you know anything about that?
Speaker 7 (29:21):
No?
Speaker 5 (29:24):
How about exhibit number one sixty four?
Speaker 2 (29:30):
Who does that look like to you? It's like Jody
know anything about that aspect of her life? No, Exhibit
number one sixty two, that's her foot.
Speaker 5 (29:47):
And this is mister.
Speaker 2 (29:48):
Alexander sustained with regard to that, ever see any of
these pants.
Speaker 7 (29:56):
That she was wearing, were casting them?
Speaker 2 (30:00):
Though?
Speaker 5 (30:03):
You said that you knew her really well, and that
is she somebody that did you?
Speaker 2 (30:08):
When you answered that question, is it your belief that
she would have confided in you in certain things.
Speaker 8 (30:14):
The world?
Speaker 3 (30:17):
You may answer yes or no.
Speaker 2 (30:21):
Yes, she confided in you knew about the relationship, right, yes,
but she never confided in you that she killed or
did she No, I don't have anything else.
Speaker 3 (30:30):
Any questions from the jury. It looks like we do
have one. Any other questions, got a please approach? Did
you ever has a question for you?
Speaker 1 (30:44):
How many meetings or conversations did you have with miss
Arias before Travis' death?
Speaker 7 (30:53):
I can't even tell you. We spoke lots of times.
I can give you a number.
Speaker 5 (31:03):
Follow up from the state a decade.
Speaker 3 (31:06):
It's your nurmy.
Speaker 6 (31:08):
You have several conversations with both Missius and Mistralsander right.
Speaker 4 (31:13):
Correct those photographs you took of Messius, did you have
any idea of that aspect of Travis's life?
Speaker 3 (31:20):
No, you may step down. The state may call us
next witness.
Speaker 4 (31:23):
The state rests.
Speaker 1 (31:30):
All right, ladies and gentlemen, we are going to take
a recess. It is going to be longer than we
had originally expected.
Speaker 3 (31:40):
You do not need to return until January twenty ninth.
Speaker 1 (31:45):
That's Tuesday, January twenty ninth, at ten thirty am. Between
now and then, continue to follow the admonition. I want
to especially stress the importance of avoiding any media contact.
Any media information. There may be information in newspapers, periodicals,
(32:06):
on television. You must be very diligent to avoid any
contact with any outside information about this case before we adjourn.
Has anyone seen any media information about this case?
Speaker 3 (32:22):
Whatsoever? I see no hands.
Speaker 1 (32:28):
Are there any questions when you return on the twenty ninth,
assembl downstairs in the jury assembly room and meeting roommate
where you have been meeting. Thank you, You are excused.
Thanks all right, The record will show the jury has
(32:56):
left the courtroom.
Speaker 3 (32:56):
Please be seated.
Speaker 5 (32:59):
Is there a.
Speaker 4 (33:03):
Yeah, sure, honor, We would be asking for dismissal of
the charges based.
Speaker 6 (33:10):
On rule twenty years on the rules of criminal procedure.
Speaker 4 (33:15):
The charges actually I said plural, but actually a singular
one charge. And I think that's important to know because
I think later on, when I start talking about some
of the case law as it relates to felony murder,
that that distinction and it becomes important that we have
one count of first degree murder charge in alternative fashions
(33:35):
premeditation and felony murder.
Speaker 6 (33:38):
There are no underlying counts.
Speaker 4 (33:41):
There are no charges of burglary, no charges of assault,
anything of that nature. But now, in the history of
this case, there was a fair amount of litigation as
it relates to the charge of felony murder.
Speaker 6 (33:55):
The alternative charge.
Speaker 4 (33:58):
After after the and this area sought inquiry as to
what the lesser included defenses would be. The state protested,
but on March thirty first.
Speaker 6 (34:08):
Twenty ten, they took the position that the.
Speaker 4 (34:12):
Lesser included offenses in support of the filming murder charge,
that they would be using first degree murder or any
lesser included offense.
Speaker 6 (34:22):
A first degree murder and or aggravated assault as the
underlying family for the burden.
Speaker 4 (34:29):
So the question becomes, I think as it relates specifically
to this alternative charge, and I will rest as it
relates to the premeditation charges.
Speaker 6 (34:38):
By saying they have not provided enough evidence that.
Speaker 4 (34:41):
A reasonable jury could convict this areas as it relates
to premeditation, But as it relates to family murder, I
think again, as I said earlier.
Speaker 6 (34:50):
The discussion is much.
Speaker 4 (34:51):
More viable and I think will require some research and
gives me some reflection by this court because the case
law is so sits on both sides of the fence,
and the reasoning becomes circular, and I think the specific
(35:13):
facts are thus important. Beginning by drawing the court's attention
to ARS thirteen eleven, H five A two related to
first degree murder as a felony murder. It states that
is in the course of and furtherance of the offense or.
Speaker 6 (35:37):
The immediate flight they're from.
Speaker 4 (35:40):
Well, I don't think any of the facts that have
been delivered in the court during the State's case in
chief have demonstrated any of this. I think we can
certainly agree that it was had nothing to do with
the immediate flight. We can disregard any discussion of that.
Speaker 6 (35:59):
It has to do whether or not this was in
furtherance of the offense.
Speaker 4 (36:06):
The problem becomes, as I said, rather circular, with law
leaning on both sides of that circle.
Speaker 6 (36:14):
I should say, because.
Speaker 4 (36:16):
What we're saying and what the state is said in
previous pleadings, and.
Speaker 6 (36:20):
I would note that when this issue came up, Judge.
Speaker 4 (36:22):
Duncan said, perhaps this was an issue that are taken
for Roll twenty.
Speaker 6 (36:26):
I believe.
Speaker 8 (36:28):
So.
Speaker 4 (36:29):
I don't want there to be any arguments that this has.
Speaker 6 (36:31):
Raised Yucata as it relates to this issue.
Speaker 4 (36:35):
Because the State now has presented their case, they have
presented nothing, nothing as it relates to any other underlying filming.
Speaker 6 (36:44):
Nothing. The argument will likely be that she remained in the.
Speaker 4 (36:49):
Home unlawfully when she attacked mister Alexander, because there can
be no legitimate dispute.
Speaker 6 (36:57):
About the fact that she was there.
Speaker 4 (36:58):
Willingly know this because of the photographs the state just show.
We have photographs that show that miss Arius was certainly
in an invited and willing guest in mister Alexander's home
at twelve forty five in the afternoon. Approximately around that time,
(37:19):
we have photographs indicating that miss Arius was a welcome
guest in the home after five that afternoon.
Speaker 6 (37:28):
We know that something changed.
Speaker 4 (37:30):
At that point in time that is depicted on those cameras.
So the question becomes as it relates to felony murder,
were these actions taken to facilitate some other crime? No,
it's pretty clear either the base on the facts that
the State is presented in the course of their check
(37:53):
case a Chief, this is either a case of premeditated murder.
Speaker 2 (37:58):
Or it's not.
Speaker 6 (38:01):
That's really it, because.
Speaker 4 (38:07):
These are the same events. What what what would she
be furthering? What other crime would she be furthering when
she supposedly, by the state's theory, depending on what you believe,
shot first, then stab or stab shot first. Who knows
if there'll be another version of events, but that does
(38:28):
not include another underlying flam. I think there's a couple
cases that are important for the court to take note
of in consideration in this emotion. State the Miles one
eight six Arizona ten stated Martinez to eighteen Arizona four
(38:54):
twenty one, and state the Lacy one.
Speaker 6 (38:58):
Eighty seven Arizona fe Three forty.
Speaker 4 (39:02):
The Arizona Supreme Court also released on August sixteenth. And
forgive me, I'm not able to give the standard side
my research this morning. State me hardy see zero nine.
That's zero two two four that was decided or announced
(39:23):
by the Arizona Zona Supreme Court.
Speaker 6 (39:26):
August sixteenth, two thousand and two.
Speaker 4 (39:30):
And I will also cite the court because it is
more than likely going to be asserted by the state,
that case being state be more two two two Arizona one.
That is a two thousand and nine opinion. And what
you will see is when the court reviews these cases.
I think what the court will see is that there
(39:52):
are cases on both sides related to the facilitation the furtherance.
Speaker 6 (39:58):
Whether or not.
Speaker 4 (40:00):
You know there's case it talks about burning a building
with or without the intent to kill the person is
still dead, that there doesn't need to be a distinct felony.
But these are different if we look at Hardy and
we look at More, they.
Speaker 6 (40:13):
Are different cases.
Speaker 4 (40:14):
And the fact that they entered the home, mister Hardy
entered the home with the victim of the kidnapping in
order to facilitate a crime. The argument and Hardy on
appeal was whether or not that it was really meant
to facilitate the murders really facilitated or the kidnapping facilitated
the murders. And because it was separate individuals, and for
(40:37):
other reasons, because he entered the home, that argument was
held not to be correct. And I think More is
a similar case. But here we have a situation of
an invited guest there for a long time and in
a moment in time about a.
Speaker 6 (40:52):
Minute, something changes.
Speaker 4 (40:55):
So the essence of the argument here on is that
there was nothing facilitated at all.
Speaker 6 (41:02):
There was no distinct defense.
Speaker 4 (41:04):
For this burglary, and the charge, the assertions of felony
murder based.
Speaker 6 (41:09):
On that should not stand.
Speaker 3 (41:13):
Mister Martinez, the.
Speaker 2 (41:17):
Uh charge of our first degree murder auth indicated that
candy Or was charged in the alternative premeditation and felony
murder as to the premeditation of I don't wanna gloss
over that.
Speaker 4 (41:34):
This case shows that on May twenty eighth of.
Speaker 2 (41:37):
Two thousand and eight, approximately a week before June fourth,
the defendant staged.
Speaker 5 (41:43):
A burglary of her own prone to steal the.
Speaker 6 (41:47):
Murder weapon so that she could kill mister Alexander.
Speaker 2 (41:51):
She then went to rent the car, not in the
place that she lived, not the town that she lived,
for fear.
Speaker 4 (41:59):
Of being recked nice. Instead, she went to another town.
Speaker 2 (42:04):
Ninety miles away, reading California. She shows up as a
blonde in a mail with her We asked by the
person who is renting the car to her, where are
you going? She says, uh, just around town and I
said the car. Well, didn't want to read one because
it was a little bit too loud. Didn't want to
(42:26):
be noticed. The plan was already in fact, and she
did not want anybody to know that she was the
person that had rented that car. She finds her way
down to Mesa, Arizona, where mister Alexander lives, and as
part of this plan, of this premeditation, she takes or
she took the license plates the front and the back
(42:48):
license plates off her car. She comes up with a
story about some kids at Starbucks perhaps playing a joke
or prank on her, but that clearly is not true.
So she didn't want to be recognized when she went
over to mister Alexander's home because she was going to
kill him.
Speaker 4 (43:08):
In addition to bringing the gun, she also brought a knife.
Speaker 5 (43:11):
And when she got there, she.
Speaker 2 (43:15):
Engaged in whatever conduct she engaged in, and then she
began to attack him.
Speaker 4 (43:21):
She began to attack him after she had.
Speaker 2 (43:24):
In a manner speaking, lulled him to sleep, had him
in a very vulnerable position sitting in that shower. And
it is the state's position that she stabbed him first,
and it's based on what the medical examiner told us
Kevin Harm as to what would happen.
Speaker 5 (43:43):
If the shot would have been first, we would not
have had.
Speaker 4 (43:45):
That crime scene.
Speaker 2 (43:47):
And so once she begins stabbing him, it's not a
situation where she stopped. She killed him three times over,
and that also can be factored in to the premeditation aspect.
The premeditation here can be as long as a week
or in between the stabbings and the shootings. We're talking
(44:08):
over a minute, maybe two minutes, and as the court
as well, where the law, and I will regurgitate it
and bore everybody about what the law is.
Speaker 4 (44:17):
That it can be done in a very quick fashion.
Speaker 2 (44:21):
And so this defendant kills mister Alexander three different ways.
And so there is, at least for purposes of verul twenty,
which is what we're talking about, evidence sufficiently substantial to
warrant that aspect of the charge. As to the alternative
form of the first degree murder, the felony murder, it
(44:44):
is the state's contention that we listed three that apply crimes,
but the assault is the one that's most suited. When
she began stabbing him, no one can debate the fact.
Mister Alexander, if you were alive to be asked, did
you really want her to be in your house when
(45:07):
she began stabbing you, I am sure he would have said, no,
I do not.
Speaker 5 (45:12):
I don't want her to stab me anymore. And at
that point, she is no.
Speaker 2 (45:16):
Longer a guest, She's not an invited guest. Her status
has changed from that of an invited guest to a murderer.
And if that is the case, the assault, the stabbing
that continued after that.
Speaker 5 (45:34):
Formed the.
Speaker 2 (45:36):
Predicate if you will for this felony, the issue has
been briefed.
Speaker 4 (45:42):
You have all of that before you.
Speaker 2 (45:44):
So I incorporated repents of my argument and ask you
to deny the defendant's request or a rule of twenty
judgment of the funnel.
Speaker 6 (45:54):
Thank you, Judseph, and maybe respond or.
Speaker 4 (46:00):
As an initial matter before I forget, I would like
to certainly reserve the right to re urge the World
twenty motion given self defense law in Arizona, in the
state's assertions, at least at this point that a rebuttal
case will be made related to the burden of proof
that the state must have of overcoming miss Arius' claim
of self defense. But here I think in terms of
(46:25):
what the state just told you, I think if we
were between the lines, we can see the reality that
I said that this is either a case of first degree.
Speaker 3 (46:33):
Murder or not.
Speaker 6 (46:34):
This burglary charge has been.
Speaker 4 (46:37):
Put in the pleadings related to felom murder is just
an empty vessel in order to seek a first degree
murder conviction. Ultimately, and the state postulated this idea that
miss Areas came to mister Alexander's home based on gun
(46:58):
theft that occurred to Grand Brento, came to the home.
And this when we just heard the state say with
a gun and a knife, I would certainly point out
to the fact that there's been no evidence that Misseria
has brought a knife. The state has not presented any
evidence of that, nor have they presented a gun.
Speaker 6 (47:14):
They've only made a being between a theft.
Speaker 4 (47:18):
The theft that occurred a week later. But then it
would be seen to be the case again that she,
under the state's.
Speaker 5 (47:25):
Theory of what just told you, that she.
Speaker 4 (47:28):
Came to miss Alexander's home with that intent. What the
state also said is that she lured him into a
vulnerable position by having sex with him, So that was
that the intent would have been formed before she went
in the house under what this theory the state just
told you. And then what they're saying is that she assaulted.
(47:50):
I guess now they're not talking about the lesser includeds
other than assault. That she assaulted mister Alexander with the intent.
Speaker 6 (48:00):
To facilitate a murder.
Speaker 4 (48:03):
And I would say, again, the circular reasoning of that
is readily apparent. And when you look at the case,
lie sided, I think you will see that it is
distinguishable for more distinguishable for hearty, and that the alternative
theory that felping murder should not stand.
Speaker 1 (48:23):
All right, the motion is under advisement, so the Evidentiary
here in ten thirty am on January twenty eighth.
Speaker 5 (48:32):
See you then,
Popular Podcasts
Stuff You Should Know
If you've ever wanted to know about champagne, satanism, the Stonewall Uprising, chaos theory, LSD, El Nino, true crime and Rosa Parks, then look no further. Josh and Chuck have you covered.
Las Culturistas with Matt Rogers and Bowen Yang
Ding dong! Join your culture consultants, Matt Rogers and Bowen Yang, on an unforgettable journey into the beating heart of CULTURE. Alongside sizzling special guests, they GET INTO the hottest pop-culture moments of the day and the formative cultural experiences that turned them into Culturistas. Produced by the Big Money Players Network and iHeartRadio.
Dateline NBC
Current and classic episodes, featuring compelling true-crime mysteries, powerful documentaries and in-depth investigations. Follow now to get the latest episodes of Dateline NBC completely free, or subscribe to Dateline Premium for ad-free listening and exclusive bonus content: DatelinePremium.com