The Stabby Arias Penalty Phase Re-Trial -The OMG Edition

February 9, 2015

Examine this – Juan Martinez
Hai everybody. Welcome to yet another thrilling edition of the trial that just refuses to end.

Sometimes Judge Stephens wasn’t playing today and had two vets on stand-by just in case, as well as a couple of chew toys and full attack suits for the defense.

Of course court couldn’t start without a motion for mistrial for something. This one seemed to be regarding Geffner. Oral arguments are set for the 17th. Alfred E. Fuckhead doesn’t want oral arguments but Sometimes Judge Stephens said tough tittie she will wait for the State’s reponse and will hold oral arguments.

The luminous Dr. DeMarte is back on the stand and Alfred E. is still crossing her. Basically blah blah blah your are a toddler, blah blah blah, a bunch of stuff about being a student and not having experience as a doctor. He is really hammering home about her young age and what he terms lack of experience but the jury isn’t feeling it. Dr. DeMarte definitely knows her shit. Nurmi is so mad he is almost forming spit bubbles but Dr.DeMarte maintains her composure much to her credit. She said she is able to say she has 8 years of experience because she was seeing patients and this is a standard practice.

Nurmi continues to scream, as in scream that you can’t say you have that experience of you were not licensed. DeMarte does not have a shit to give about anything that Alfred E. Isadick has to say and remains cool under fire. Sometimes Judge Stephens motioned for the vet to hold his fire in hopes that Nurmi would get himself under control.

Nurmi then said that Dr.(so not a doctor) Geffner had to explain some rule for Dr. DeMarte. Juan is up and objecting and a dart was successfully deployed. Apparently not taking any chances with a raging loose pitbull in the courtroom. Nurmi said that Geffner gave Dr. Demarte an admonishment not to release questions for tests because she had done it in the past. Dr. DeMarte says that is not correct. Nurmi gets transcripts from the guilt phase. Oh the little bastard is trying to impeach Dr. DeMarte. Juan immediately objects and we have an approach. Nurmi tries again and Juan rips the head off of his chew toy and now we have a sidebar.

Well, that didn’t work out to well for the great and powerful Alfred. E so now he is telling the jury that Dr. DeMarte has a habit of breaking the rules. Dr. DeMarte shoots back that Nurmi doesn’t understand the rules and I peed a little. Juan is objecting so much that Flores has moved the muzzle to closer proximity and also the catch pole is within easy reach.

This went on for about another thousand hours before Nurmi finally gave it up.

We have finally, mercifully (thank you baby jesus) moved on to something actually having to do with the fucking trial. Nurmi say something about the validity scales saying a test was valid. I have no clue what test. He asked Dr. DeMarte when she became a guru on these matters. (I’m totally serious, an actual trial lawyer actually said that). Dr. DeMarte asked if that was a question.

We will now be going into the masturbation part of the program again, so I will give you all a moment to dig out your Pretoria puke buckets. Nurmi taks about the journals and used it as evidence that Stabby did not see Travis masturbating. (I feel dirty every single time I have to type that just so you all know). DeMarte said that Stabby not writing about it in her journal implies that the incident never happened. Alfred E. Pervert asked if it was subjective data that Travis knew what a 12 year old girls orgasm sounded like. (you know what, I’m just going to interject here for a minute. Now, I personally did not find out what a personal orgasm sounded like till I was waaaay older than 12, but a lot of people that I knew when I was younger did and they found it out with 12 and 13 year old boys, why in the name of god is this a thing? Why?) Anyway, DeMarte said that was not objective data. Nurmi finally shut the fuck up and sat back down in his chair to recline while Juan went back up.

Everyone looked a little concerned as the pitbull began his trademark pace. Foam dripped from his muzzle and his face was in a half snarl. Of course as soon as everyone had been herded into their places we had a sidebar and everybody had to leave the courtroom again.
And now the Judge called a recess. Nobody seems to know for how long. Probably long enough to find some stronger drugs for Juan.

After another sidebar, people in, people out, a very concerned looking defense team, the jury has been herded back in and Juan is back up. Juan wants to know about Dr. DeMartes ethical obligations. She replies that her ethical obligations are that the tests do not get replicated. What are your ethical obligations on psychological tests? She said that she had to maintain the test security.

Juan wants to know if mental illness is just a label to which the stunning Dr. DeMarte says yes. So, does Stabby know right from wrong? Yes she does. Nurmi is objecting like rocky road icecream has been discontinued but he is getting overruled at every single turn.

Once again it is brought up that DeMarte diagnosed Stabby with BPD and depression and adjustment disorder. Basically we are going over DeMartes entire Psychological report again and I’m sick of writing about it so blah blah blah psych stuff, blah blah blah Borderline personality disorder.

Juan wants to know how many times DeMarte used the term mental illness in her report. She thinks two or three times. And another sidebar. Seems like every other question is a sidebar. Juan asked if any prison inmate had trouble adjusting would that mean that they all suffer mental illness. DeMarte says yes and for the first time I disagree with Dr. DeMarte.

Juan asks if Stabby was described as being clingy and jealous and Dr. DeMarte said yes. Wasn’t Stabby found hiding under Travis’s Christmas tree? Yes.

Juan gets Dr. DeMarte to read an email that Stabby sent to Travis after he was already dead. Now another email after he was dead asking if he was going to deposit the check. Another email where she says she and Travis will see the sites in Oregon and she will be visiting him.

Nurmi objects hard to what is coming in next, the journal entries after Travis was killed but the judge was all Bye Felicia and let them in. Journal entry from July 9 2008, it talks about Ryan Burns. Jodi writes lies to herself in her journal She is afraid people will thing she killed Travis even though she totally didn’t and wasn’t even there and the ninjas did it. OMG the fucking bullshit in this journal. Please let it be lunchtime soon. YAY!! LUNCHTIME.

Back from lunch Juan had just a couple more questions regarding DV. DeMarte said in her opinion that Stabby is not a victim of domestic violence. She also said Stabby knew right from wrong and did not suffer from PTSD.

And finally the jury questions.
1. In your assessment was Stabby mentally ill before the murder. DeMarte said she doesn’t believe Stabby truly had BPD

2.What are the specifics about Geffners tests and errors? Dr.DeMarte any psychologist could pick up on his errors.

3. Juror wants to know about DeMarte’s experience treating domestic violence and sexual abuse. She refers back to her training.

4. Did DeMarte treat patients with or without supervision in 04? DeMarte says that she saw patients without someone in the room but met with supervisor weekly.

There were more but they were mostly along the same line which leads me to believe that the jury might be buying into this mentally ill shit but that’s me.

The some very weird things started happening in court. Sometimes Judge Stephens called all the lawyers to the bench. Then each juror was called privately into chambers. There will be no trial tomorrow. They are to return Wednesday at 9:30am.

that was just weird and nobody looks happy. Not the prosecution, not the Alexander family, not the defense, NOBODY.

So that is it for tonight. I’m tired and this is longer than it should have probably been.

RBMD peacing the fuck out.


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