UPDATE: There is an unsubstantiated theory that the porn sites were redirects from a virus. The virus redirected the computer to the porn sites. This makes sense, especially if they were all from a specific time and not spread out over a longer period. Of course we have no information on when the porn links were supposedly activated. Also a police officer may have run a virus protection on the computer before investigating, it could have even happened automatically if it was hooked up to police hardware. Really? This is the big deal? Oh, Arizona. WTF are we going to do with you. No wonder Nurmi wants to do shit like this in secret.
Just when you think the Jodi Arias trial could not be a bigger circus, it get exponentially more insane. First, I need to point out that this is an exclusive story by Michael Kiefer, one of the foremost local reporters on the Jodi Arias trial. He is credible and very knowledgeable. I say this because it is true, and because, you are not going to believe this. I got a couple of emails tonight about this and I really wanted to just blow it off as ludicrous until I saw the source was Michael Kiefer. Also, this motion is not online and several people were questioning the authenticity of his source. I have no doubt in his sources, whoever they may be at all. He would not publish this if he was not sure.
So, in a nutshell, the defense is now claiming that they have had Travis Alexander’s personal computer re-examined by a new forensic specialist who has found evidence of many links to pornographic websites, possibly including child porn, that were deleted during the original investigation. They have a specific time that the numerous deletions were made, and carefully covered up. During that time the computer was in the possession of Detective Esteban Flores. If this actually can be proven by the defense, it amounts to prosecutorial misconduct by Martinez whether or not he was unaware of Flores’ activities.
The defense filed a motion on Monday that Kiefer has read or been told about. Kiefer claims that the motion is to dismiss all charges. That makes no sense to me. That ship has sailed. At this point, in my very tired imaginary Internet legal mind, I think that they would have to file a motion for post conviction relief citing new evidence under Arizona Rule 32. If granted there are two outcomes for relief. The verdict could be set aside and Jodi could go free. Logic dictates that will not happen. Judges need a lot more than some porn links to set aside a jury verdict. Plus, even if Travis was a pedophile and an Internet porn junkie, that doesn’t change the fact that Jodi killed Travis in a cruel and depraved manner. The other option is a new trial. Are you fucking kidding me? That outcome seems unlikely as well but who the fuck knows? Because, Arizona.
According to Kiefer, the defense is asking for “all charges to be dropped” and/or the death penalty to be removed as an option that would leave the current jury to decide whether to grant Jodi the opportunity for parole in 25 years. At this point, I really think Judge Stevens should surrender and agree with the defense and take death off the table, and sentence her to life without parole and get this shit over with. Below are the pertinent excerpts from Kiefer’s exclusive. I encourage you to read the entire article that places everything in context. It is very late, and I am very tired and I could be looking at this wrong. I’ll investigate more and add more tomorrow if necessary.
Attorneys for Jodi Arias filed a motion Monday to dismiss all charges against Arias, alleging prosecutorial misconduct.
The motion says a computer-forensics expert hired by the defense discovered that thousands of files, mostly of pornography, were deleted from victim Travis Alexander’s computer while the computer was in custody of Mesa police.
As an alternative to dismissal, the motion asks that the intent to seek the death penalty against Arias be dropped, which would end the current trial.
An evidentiary hearing on the computer scheduled for Oct. 20, the day before the trial began, had to be canceled because that was the day the defense expert finally received it, and he had not had a chance to look at it.
According to the motion, forensic analysis showed that thousands of files from pornography sites were deleted from the computer during a three-hour period on June 19, 2009, when it was in the possession of the Mesa Police Department.
The motion says that during that time, Mesa police Detective Esteban Flores, the case agent who has testified in the trial and sits at the prosecutor’s table with Martinez, removed the computer from the evidence department and took it to “Forensic Services.” During that period, thousands of files were deleted and shredded.
The sites mentioned in the motion have pornographic names and were accessed in 2008. To counter possible suggestions that Arias may have accessed the sites on Alexander’s computer, the motion notes that she was not in Arizona on those dates.
The motion suggests that the evaluation of the computer is ongoing.