Tuesday was a good day for the prosecution and an even better day for the jury. Juan blew through a handful of rebuttal witnesses in a short amount of time with few objections from the defense team. He met his clear objectives quickly which I am sure the jury noted and appreciated. The defense, on the other hand, was up to its usual tricks, beginning with Nurmi’s cross of Deanna, Travis’s longtime girlfriend. While I can see the defense wanting to get in that Travis was not a virgin when he met Jodi, Nurmi’s cross of Dianna was extremely coarse and unnecessarily insensitive.
In addition, they filed yet another motion on Tuesday. This one is to preclude five of the state’s rebuttal witnesses. It seems rather late in the game to me since the defense has most likely known the rebuttal list as long as Juan has. The public, on the other hand, is not privy to the rebuttal witness list for the prosecution in advance. That said, I have new information about the witnesses that Nurmi would like to preclude and why they are being called by Martinez to testify.
Rumor in the courtroom Tuesday was that Det. Flores is to be called to demonstrate The Shelf Theory, that is, jumping up on a shelf on pins would result in the shelf tipping and the contents becoming disturbed. Photos of the crime scene showed the closest was meticulously in order. I’m not a fan of demonstrations when you are ahead because they are risky. (See Also: OJ Glove Incident) Let’s hope for the best there. This rumor is looking to be simply that, a rumor that is becoming more unlikely the further I investigate. A more reliable sounding rumor is in the red update below.
UPDATED: There is new speculation by Mary Ellen Resendez of Phoenix ABC News 15 that the defense team’s motion to preclude involves 5 witnesses including Suzie Dittman, Robert Brown, Dr. Kevin Horne, Jacob Meford and Diana Reid. Clearly, the last two testified on Tuesday. Robert Brown is another Mesa Forensics Computer Detective much like Michael Melendez who testified on Tuesday. Horne is the medical examiner to refute Jodi’s timeline of events with regard to the nature of the injuries. I can’t imagine the Judge allowing him to be precluded. Suzie Dittman is a fraud investigator for JP Morgan Chase. Her LinkedIn profile describes her job as, “Investigations (to) include internal & external crimes such as retail fraud referrals; longer-term, complex frauds requiring interviews with potential suspects and the identification of trends, patterns and ring identification. Provide support to the various Lines of Business within JPMorgan Chase, law enforcement and outside financial institutions in the investigation of potential fraudulent activity.” So her testimony will be about credit card fraud. It could be something exciting or just a second source to reinforce the gas station lady’s testimony about the need to verify a credit card after it is swiped for the third time, presumably for the third gas can. Attempting to preclude any of these people reeks of defense desperation in my opinion. Loco Motion indeed.
On Wednesday, the jury will return at 1:30 their time, 4:30 ET. We believe that there will be a hearing at 11:00/2:00 that may be the surrebuttal motion being heard. It’s unclear what if anything is planned for 9:30/12:30 but it seems the motion to preclude a rebuttal witnesses will have to be done before the jury returns tomorrow as well, so I plan to turn the live feeds on at the usual time and wait and see. However, since Dianna and Jake testified Tuesday, that may have been ruled on on Tuesday. If one or all of the remaining contested witnesses does not testify we will know why Jodi was so happy at the end of the day today. I just can’t see the judge precluding any of these witnesses.
Oh crap, remember all the speculation we’ve done about why Jodi was so freaking happy at the end of the day? Annie posted the answer in yesterday’s comments. I bet she found out the manslaughter lesser was going to be allowed into the jury charge. That would certainly do it!
We’re in the home stretch boys and squirrels!
Gentle Reminder: Thanks for so many being considerate of the trial post comments on Tuesday. It’s okay to have fun with topics that come up in trial, like anal sex and Mormons, and muscular ladies, and such. Thanks for being respectful of Deanna, I thought she was super brave. Please understand that I read ever single comment posted on this site everyday, which is in the hundreds and sometimes thousands. I occasionally, okay, often, get cranky by the constant stream of negative energy going into my already depressed brain. Don’t get me wrong, I thrive on conflict and a matching of wits, and negative comments in a death penalty trial are much more appropriate than the constant vitriol that the reality TV post comments generate. It’s just the constant stream of nothing but nastiness that gets to me. So be nasty, when you feel it is warranted, but do try to lighten the mood sometimes lest I lose all faith in humanity before this trial is over. Let’s focus our anger on Jodi and not the defense team who is trying to survive a very difficult job that they can’t quit even if they may really, really want to.