Advertisements
 

The Never Ending Saga of Stabby Fucking Einstein

July 6, 2018

Please Rise and Salute The Flag of the Great State of Arizona and then Salute Kirk Nurmi For His Testicles Finally Dropping.

 

 

 

 

 

 

 

IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE

STATE OF ARIZONA, No. 1 CA-CR 15-0302 Appellee, v. JODI ANN ARIAS, Appellant. Maricopa County Superior Court No. CR-2008-031021-001 DT

APPELLANT’S OPENING BRIEF

MARICOPA COUNTY PUBLIC DEFENDER

Deputy Public Defenders Downtown Justice Center 620 West Jackson, Suite 4015 Phoenix, Arizona 85003 Telephone (602) 506-7711 ACE@mail.maricopa.gov Attorneys for APPELLANT

Not a Judge Sherry Stephens and Totally Should be a Judge Kelly McFadden Presiding

Ladies and Gentlemen we are going to start with some off the record housekeeping matters. Firstly Stabby’s Pencil is still out on mental health leave so Stabby will be afforded a crayon. If anyone hears any shrieks of laughter up and down the hallway it is just Kirk Nurmi and it should be ignored. We get it Kirk and the neener neener was probably not necessary. The vet, a box of good boy treats and the tranquilizer gun have all been placed on stand by. Totally should be a Judge Kelly will be working most of the first part of what we are all sure is going to be an overly dramatic and way to long appeals process.

The Repellant er I mean Appellant has made several million assertions in her opening (good god is this really just the opening) brief which we will of course have to cover. Pretoria was polite enough to forward all unused puke buckets and they are located at the ends of the aisles for your convenience. As the law dictates you are allowed and encouraged to ask any questioned of the lying ho, sorry I mean appellant that you feel are pertinent. Okay I think we are ready to go so I will hand things off to Totally should be a judge Kelly.

Good afternoon everyone. I have been handed a note that the citizens of earth would like to just go ahead and apologize now that you have to be here. Thank you citizens, we accept your apology.

So lets deal with this shit. Firstly I am going to have to cover exactly what an appeals process entails.

For your edification : Appeal: A request to a higher court to review the lower court’s proceedings and outcome. The defendant argues that the lower court violated his or her rights in some way that warrants getting a new trial or a reduced sentence. Direct Appeal: Filed with the Arizona Court of Appeals. In death penalty cases, the direct appeal is filed with the Arizona Supreme Court. Opening Brief: A written document in which arguments are presented that the defendant’s conviction or sentence is improper and should be reversed.

What we are dealing with today believe it or not is just the opening brief. All 5 million pages of it. Seriously could she have crammed any more stuff in this thing? Jesus H Christ the only thing missing is the chorus from O Holy Night.

Since there is so much garbage to get through I am breaking it up into parts and this is what we are starting with. My answers to statements will be in italics.

STATEMENT OF THE CASE

1

The state indicted appellant, Jodi Ann Arias, for the murder of her boyfriend, T.A. (Instrument 1, hereinafter I.). The state charged her with first degree premeditated murder or in the alternative, felony murder. This is a factual statement that actually happened.

On October 31, 2008, the state made notice of its intention to seek the death penalty. (I. 32-33). On August 7, 2009, the court held a Chronis hearing and found that the state presented probable cause to support one aggravating factor: the crime was committed in an especially cruel manner. (ME 8-10-09). The parties could not settle after a settlement conference. (RT 7-5-11, pp. 2-58). They conducted a second settlement conference before the retrial, which was also unsuccessful. (ME 10-24-13). If this is part of her appeal you will have to excuse me while I bang my head off of the keyboard. aoehtaefhsd. Her idea of a settlement was 10 years for basically killing the man 3 times.

Stabby’s trial began December 10, 2012, with

jury selection. (RT 12-10-12, p. 12). The jury found Arias guilty of first degree murder on May 8, 2013. (RT 5-8-13, p. 11). The aggravation phase began May 15, 2013. (RT 5-15-13, p. 4). The state sought to prove one aggravator, the killing was done in an especially cruel manner.

 

, p. 9). At the conclusion of the aggravation phase, the jury found that the state proved this aggravating factor. \

Please note there may be a slight discrepancy in the cites to the record depending on whether one is referring to the electronic version of the transcripts or the hard copy of the transcripts.

 

2 The penalty phase began May 16, 2013. (RT 5-16-13, p. 53). It concluded on May 23, 2013, when the jury could not agree on life or death. (RT 5-23-13, p. 8). The court declared a mistrial. (I. 1154; RT 5-23-13, p. 10). The defense argued a Motion for Mistrial on May 20, 2013. (RT 5-20-13 #1, pp. 9-18). The court denied that motion. Because there was no reason for a mistrial.

, p. 18). The defense filed a Motion to Vacate the Aggravation Phase verdict pursuant to Rule 24.2. (I. 1174). The court denied that motion. (ME 8-9-13).

Arias’s retrial began September 29, 2014. Once again, the jury could not

agree on a sentence. (I. 2058; RT 3-5-15, p. 6). The court declared a mistrial.

The court sentenced Arias to natural life. (RT 4-13-15, p. 56). The parties stipulated to the amount of restitution. (ME 6-22-15). Arias filed a timely Notice of Appeal. (I. 2083). This Court has jurisdiction pursuant to Article 6, § 9 of the Arizona Constitution, and A.R.S. §§ 12-120.21 (A) (1), 13-4031 and 13-4033 (A).

3

FACTS (Oh this should be good)

This appeal is about Jodi Arias and T.A., whose lives were bound together by secrets. Arias grew up in northern California. (RT 2-4-13 #1, pp. 101-102; 116; 122). Stabby’s  parents abused her physically. (facts not in evidence)

, pp. 101; 104-108). She moved out when she was seventeen years old. (

, pp. 122-125). Arias left school and worked as a waitress. (

 

, pp. 122; 125). She supported herself. (when she wasn’t mooching off of whatever guy she had entranced with her slutty ways)

, pp. 125; RT 2-4-13 #2, p. 21). Arias found work waitressing at resorts in Crater Lake and Monterey. (RT 2-5-13, pp. 9; 20). She lived in Palm Desert, California for four years with her boyfriend, D.B., and was happy there.

, pp. 30; 39-41). Arias was a spiritual seeker, always interested in self-improvement. (facts so far out of evidence they may be circling jupitor)

, pp. 7-

8; 84). She became involved in “PPL,” Pre

-Paid Legal Services, a Pyramid scheme, lets just call a spade a spade here mmmkay.

, pp. 56; 61). She enjoyed the inspiring, motivational PPL functions. (

, pp. 75; 84). She met T.A. at a PPL function in Las Vegas in September of 2006. (

, pp. 62; 67). T.A. was an executive director of PPL. (

, p. 69). He approached Arias at a social function and introduced himself. (

, p. 68). They spent time together that weekend.

 

, pp. 70-74). She was his date at a formal banquet.

, pp. 70-74). She considered T.A. to be a new friend.

 

, pp. 97-100). After leaving Vegas, they talked on the phone every night.

, p. 106). By the weeks end stabby broke up with D.B.

, pp. 98-99). She wanted to start a family. (and hopefully at some point collect a bunch of spousal and child support)

, p. 99). D.B. did not want to get married. because he was a smart, smart man

, pp. 102-103). Arias and T.A. met the following weekend at their friends’ residence in California for a pyramid scheme event

, pp. 103-104). Once everyone was asleep, T.A. arrived at Arias

’s bedroom for a night time rendezvous. because of course he did, she was giving it away for fucks sake.

, p. 106). T.A. initiated sexual contact. Assuming facts not in evidence and my personal guess is someone named stabby initiated sexual contact

 

, p. 118). Arias knew that T.A. was Mormon. That is actually a true statement

, p. 90). He wore his temple garments during that sexual encounter. Assumes facts not in evidence and EWWWW

, p. 121). The next morning, they attended a Mormon church service together.

, p. 126). T.A. encouraged her to explore Mormonism.

, pp. 129-130). T.A. was a priest of the order Melchizedek and a respected church member. (RT 2-13-13, pp. 133-134). Arias believed T.A. was superior to her in all matters concerning religion. (I’m gonna give her this one.)

, p. 134). He gave her a copy of the Book of Mormon and sent missionaries to visit her at her home. (RT 2-5-13, p. 129). Two months after they met, T.A. baptized

Arias into the Mormon religion. (RT 2-6-13, pp. 25-26). After the baptism ceremony, the couple returned to Arias home where they had sex (assumes facts not in evidence)

, pp. 45-47). The Law of Chastity forbids sexual contact between unmarried persons. (RT 1-30-13, p. 96). T.A. instructed Arias that the church permitted sexual contact but not vaginal intercourse. (RT 2-6-13, p. 17). Arias trusted T.A. when he assured her that oral and anal sex between unmarried persons were acceptable. (so einstein is an idiot. Is that what we are going with?)

, pp. 20; 16-17). Eventually, the unmarried couple engaged in vaginal intercourse as well as other types of sexual behavior. How many fucking types are there we’ve covered anal, oral, vaginal, desserts, what’s missing maybe livestock?

, p. 99). Arias and T.A. became an exclusive couple in February of 2007

, p. 51). They met at PPL events and travelled together to visit Mormon historical sites.

, pp. 100; 122). Travelling together as an unmarried couple was frowned upon by Mormons. (RT 1-30-13, p. 24). T.A. assured her that the church approved of their sexual relationship. ( I CALL BULLSHIT ON THIS ENTIRE STATEMENT)

 

We will pick up with the rest of the opening salvo tomorrow. I need a tylenol and maybe a xanax or something.

RBMD peacing the fuck out

Advertisements

Let’s Talk About This Guy For A Moment

January 18, 2016

Hello my lovelies. your Dean of Fuckery and Queen of all I survey had her attention brought to this fucktard by another blogger, good ole Pesky who is definitely not afraid to call a…no that would not be PC; a piece of shit a piece of shit. Well, she went and found a big one and after I read about the misogynistic bastard and what he is doing with his time I decided that for those of you who don’t read Pesky, you definitely need to read about this person. Sad the best part of him probably ran down his mama’s leg, but we can only work with what we are given.

So, meet Kareem Williams, AKA Lefty (my guess is that is his “girlfriend hand” because in my opinion my Camaro has a better chance of getting laid than good ole Lefty. lefty

Kareem brags about the Rolex on his wrist, yet allegedly lives in a shitty little apartment somewhere in Philly.  Now Kareem here, acts as if he is completely love struck by the idea of money  I mean Stabby that he decided to write a rap song about her PTSD and how Nurmi is a tool and it should have been second degree manslaughter.  The fact that he can A)not Rap B)not Rhyme)and C)has a shitty voice had no bearing what-so-ever on his decision to write, have produced and record said rap song.

It’s bad, like that sound a cat makes when you step on it’s tail bad. That however is not the problem and there are a number of problems that Lefty doesn’t seem to get.  First, Stabby probably does have PTSD but she got it from killing Travis, she did not have it beforehand. Second, Stabby is not a victim of domestic violence and everyone here knows it.  Third, for someone that is so vehemently opposed to women being treated poorly Lefty here can certainly dish it out.

https://varmtnewsnetwork.wordpress.com/  This is Pesky’s blog.  Go there to see the conversation that Mr. Lefty feels is fit for women.  I’ll give you the highlights. He flies in real women because he won’t date American woman (Please read: I have to pay to get laid) He called a woman a hoe, why he thinks she is a farm implement is beyond me but he said it, Told one he bet she liked to suck slow and drink fast (which as an aside is pretty fucking disgustingly rude), tried to get phone numbers, says 85% of American women are dumb AND stupid(I just can’t with this one)called Pesky a cum licker and Krusty (I don’t even know what that means, but it was derogatory I assure you) and finally told everybody his video was going to go viral. Since it has to do with Stabby, odds are good it came with a viral load. As of today it has 2002 hits including the one I had to begrudgingly give him in order to see the horror so you didn’t have too. Oh, and an undisclosed percentage of the billions he is going to make off of his video will be given to Stabby.

Here is an article on LEFTY and his insanity if you are interested.  Seriously, you should read it, it is worth the chuckle.

EDIT: Link keeps 404ing which always pisses me off so type metro in your search bar,go to metro and then search Kareem Williams or Stabby’s given name and it will get you there. That’s it for tonight kids

RBMD peacing the fuck out


 


The In House Psychic Presents Stabby’s Obituary

June 5, 2015

Hello everyone. Sorry you get me today. Seems that the boss broke out in a laughing fit over something on the internet this morning and hasn’t been able to stop. Anyway, since Stabby is going to die in prison I thought that it would be nice of me to save everyone some time and write her obituary for her. I hope she appreciates all this work. (No I don’t) I’m sure that Alfred E. will be more than happy with what I have come up with. Since I’m psychic I happen to know what is going to happen to Stabby, so um, spoilers ahead.

Stabby Anal Arias was found dead in her cell at Perryville Correctional Facility. It has been reported that she died of multiple shank wounds, syphilis, ingrown anal warts, a horrible foot fungus, 3rd degree burns, and apparently rabies from one of the prairie dogs she tried to kick in the head. A traffic cone and all 31 flavors of Baskin Robins ice-cream were removed during a preliminary cavity search. A post mortem will be performed as soon as a Hasmat team can be called in.

Stabby was a gifted tracer of actual artwork and a budding yogi who did headstands whenever possible. She dabbled in amateur porn work and stalking. Her ex-boyfriends all say that she tossed a hell of a salad and expressed their extreme sadness at her expiration date. Apparently Matt McCartney was closest and won the pool. She will also be remembered for possibly the sloppiest meat flaps on the planet as well as her affinity for pigtails and making up words that sounded Einstein-y.

There will be a memorial service held at Perryville where awards will be given out for the people that helped speed her demise. There will also be a memorial service held at the KY factory because they expect sales to drop dramatically now that their poster girl is dead.

Stabby is survived by a bunch of leeches who are as we speak fighting over the irrevocable trust and a group of inmates who are still high fiving each other that she is dead. Auntie Sue could not be reached for comment as she was out Lexus shopping. Stabby’s mother simply stated “meh, I’ve got a couple more.”

Stabby will be buried in the prisoners graveyard since nobody in the family felt that they could afford the cost of retrieving and burying the body. One of them commented “to let the state do it, what do we care.”

The family asks that in lieu of flowers you just send them cash.

This has been the in house Psychic. Have a great night.


The In House Psychic Has Finally Decided To Do Her Damn Job-Stabby’s Letter

May 30, 2015

Yeah, I know you can hear me bitch, you’re a psychic.

Hi everyone, it’s me Dean of Fuckery, Law Professor, Resident sarcasm expert and Queen of all I survey. We have had yet another contract dispute with my in house psychic; something about working conditions or some shit. Truthfully I just heard wah wah wah. Anyway, since she consulted a lawyer who informed her that a contract of indentured servitude is binding she better suck it up and write before I take away her TV time or something.

Check this out http://www.kimawhittemore.com/#!press/cnec it’s pretty cool that we are on an authors press site.

Oh, there seemed to be some confusion over the bad penny post, there was never a part two and I have no clue why the link wouldn’t work to the original. Seems to work now. Anyway without further interruption, the in house psychic brings you what Stabby really meant when she wrote that letter.

why do I always get stuck with the stabby shit? WHY? Why can’t I do a nice reading on Charles Manson or That dick that shot up the theatre. Do you hate me? FINE. Pass the Tylenol and the Pretoria puke bucket. You’re such a bitch. Yes I know you heard me I said it out loud.

4/25/2015

Hi everyone! I hope things suck as hard for all of you as they do for me at the moment because if I’m suffering, you should all be suffering. I’m getting settled in, I’m already somebody’s prison bitch. That is just how hot I am. The day I arrived, people threw rotten food at me professionally and efficiently. Good aim too. I got a used tampon in the face. My mom said I look like a serial killer in my DOC photo which made me laugh because we all know I never got the chance to be a serial killer… unless you count the missing animals around the neighborhood. After my photo shoot for life without parole monthly I was taken to CDU (cootie Detention Unit) and placed on “watch” (suicide watch, that is because we all know I might try and papercut myself to death, if it didn’t sting so damn much). After a week, I was brought over to Lumley. I was totally put in Debbie’s old cell. . My cell is blue because they think it will remind me of Travis but because I am a heartless bitch of course it won’t. I have a grey desk and shelving, unfinished concrete floor. It stinks like urine and hopelessness. This place is teaming with little animals for me to kill if I can just get my hands on them. Lots of different birds and prairie dogs ( at least that’s what everyone calls them). They have dog in their name and remind me of doggie boy so I plan on kicking one every chance I get. I saw one take off w/a chunk of bologna the other day! (Yep, there is bologna here!) I also saw some officers with poisonous pellets they said were for the prairie dogs, but guess who is skipping dinner tonight just in case.

I won’t go on too much about the food. It’s pretty gross but not quite as gross as before. Everyone says how awful the food at MCSO is because it fucking is.

I’m currently segregated while they toss the prison daily for shanks. They are up to 987. Some of them even have my name on them. How freaking cool is that. I’m a rockstar. Still, I’ve seen many familiar faces since arriving which is kind of a problem since they cannot deal with my superiority. Having been at Estrella for 6.5 years, I’ve seen many people go before me. They told everyone I was coming and how superior my intellect is so you can just imagine the welcome I got.

I’ve gotten some interesting feedback on my sentencing, most of it saying things like die you sloppy cooched whore. Jokes on them since I got life. In here. The general consensus (that I’m getting) is that people think I am a sick bitch for saying what I said. Well fuck them. One girl said I have “lady balls” of course that was Donovan so I don’t know if that counts. One guy(my dad actually) said what I said was “way overboard”. Well Dad, you can suck it. I’m sure it made some of my friends uncomfortable, and maybe even disgusted some of you. Well that was absolutely my intention, so Yay me. I have to say, I only wish I would have said MORE , not less. I could have given everyone nightmares for the next 5 years and I’d be in your heads for ever. I’m already as famous as Charles Manson. I owe my life to #17 and I sure hope that check clears. She earned it.

I had only intended to apologize and declare my own commitment to pay restitution. (Even though I’m the one that thought 2nd degree and 10 years was fair for slaughtering Travis so it’s not my fault there were two trials. My statement was not an appeal for leniency it was a heartfelt fuck you. God himself could have parted the heavens and commanded the judge to be lenient because hey in my world that could totally happen – she would have disobeyed him because she saw through my bullshit, which in retrospect pisses me off. I put on such a good show, how the hell did that dumb bitch see through it. So, after two trials with a prosecutor that I like to call corrupt because it makes me feel better about my useless legal team, then having to listen to more lies and distortions and facts from the TA camp at sentencing – well, my high tolerance for B.S. from anyone that isn’t me had simply reached its maximum capacity. I consulted with my legal team; they told me to shut the fuck up and stick to the script.

If you wrote a letter to the judge asking if there was a way around a unanimous vote for death fuck you. I’m looking at you dad. It’s probably not something one does very often. The judge took 10 minutes to read, what, almost 1 letter – which doesn’t include the 75 feet or so of travel time from the bench to chambers and back. Thank you all so much for being the gullible bitches that you are. I’m really not worthy but since you cannot seem to figure that out I’m just going with it. Your money is precious to me so dig deep for that appellate fund, or Costa Rica fund if I happen to escape. Either/or.

Stabby Einstein.

this is the in house psychic signing out and plotting ways to get out of my contract.  Excuse me I think I may have to throw up.

Ummm, thank you in house Psychic.  So there you have it kids, the letter stabby was thinking while she wrote the other one.

Have a spectacular evening.  RBMD peacing the fuck out!

EDIT:  I would just be an ignorant person if I did not acknowledge the outpouring of love and support over the last couple of months.  You have no idea how much your well wishes and thoughts and prayers meant to me.  Thank you for the emails, the e-cards and for just letting me know I was in your thoughts.  I am so happy to be back amongst the no kill shelter and writing again.  Thank you all from the bottom of my cold dead heart.  You all mean the world to me.


The Stabby Arias Penalty Phase Re-Trial The Somebody Is A Complete Hypocrite Edition

February 11, 2015

I’m everywhere-nowhere Ontario

I still do not have a definitive answer to the denial of the supreme court thing and since Skyping Arizona was obviously sarcasm I’m going with it was denied since that seems to be on most feeds.

Hai everybody. Hope you all had a perfectly lovely day. I apologize for not being around much today, I was much to busy being every single person on the internet. The global village is a lie, it’s all just me on 7 Billion different computers. To all the Russians out there, sorry my Russian is a little rusty, I’ll try and bone up so you think you are really talking to your friend Boris next time.

EDIT:  I have now read from Paul what actually happened and it is as many of you thought, much ado about nothing.  Mikal swore to Paul she was  just singing about somewhere they were going to eat. I sing for no reason sometimes so that is entirely plausible.  So to Mikal I’m sorry I even said that you allegedly may have done this.  You seem like a fairly nice woman and I probably should have just asked.  You have my sincere apologies.

So court started today with it’s regularly scheduled sidebar. I wonder if her calendar actually says, bring in Jury, sidebar, seat whoever is testifying, listing to Alfred E. Asshat whine about whatever, sidebar, start proceedings.

Detective Brown was sworn in, NOT Detective Smith who we were expecting because Alfred E. Isadick is still having kittens about him testifying at all. Anyway Detective Brown was a member of the Mesa PD from 2003 to 2014 and assigned to computer forensics. He is a computer forensics specialist certified. He took Travis’ harddrive on November 11 2014 and he became involved because of the alleged porn sites. The pitbull was in fine form and asked Brown about how many porn sites were involved and Jenny, who was most definitely out of weed and not happy about it deployed the objectomatic 3000 and a sidebar ensued.

Back from the sidebar Brown read the list of porn sites found on the computer. He conducted an experiment. He cleaned the hard drive, wiped and zeroed it out. He then installed spybot the same version that Travis had. He also added the same Operating system. He found every single one of the porn sites after installing Spybot search and destroy. The program lists the sites it’s looking out for. Kind of like inoculating the computer. Juan asked if any of the sites were manually accessed and Jenny was shrieking objection loud enough to be heard in Japan before he even finished the question. And of course we have a sidebar. Is this the new normal? Can’t anybody just object and be denied or sustained anymore.

Brown said he found thousands of malicious sites, not just the thirteen that the defense alleged that Travis looked at. Detective Brown next discussed the N-Case forensic copy of the hard drive and he can wipe a hard drive with it. Detective Brown looked for child porn for 3 straight days and he didn’t find any, zero, none, nada, zip in the child porn department. He did find 4 adult pornographic thumbnail images. OMG hang on, a thirty year old man looked at porn. Someone get the smelling salts I think I feel faint. Sometimes Judge Stephens called recess and ChaCha and Stabby went and fought over the swings.

Back from recess Jenny is up on cross and she is still pissed about the whole weed thing obviously. She begins to ask Detective Brown about when he made the copy of the hard drive and Stabby is so enthralled she is doodling horns onto Nurmi’s head. Jenny says that Melendez never found the images he found and Brown speaks slowly so maybe Jenny will understand that programs have improved and something that may not have been found five years ago now can be found. Jenny wants to know if the photographs he found were porn. Brown says two were. Adult porn. There is no earth shattering evidence being brought to light and everybody is bored. Jenny brings up some porn dating site that Travis apparently visited. Once again a man interested in porn. Someone catch me. Jenny wants to introduce pictures from the site, Juan strenuously objects and I think Alfred E. might be playing pocket pool at the very idea. Jenny gets shut down and pouts for a minute. We are still talking about porn. Porn porn porn porn porn. Corn, horn, forlorn, born, worn, reborn, torn, born, suborn, adjourn…..

Juan is back up and we have an immediate sidebar. Because of course we do.

Juan asked how often Travis visited porn sites. Detective Brown very definitively answered one time. Juan then asked if there were any porn movies found on the hard drive. Brown answered that no there were not.

We had one Juror Question only
Can spybot search and destroy software add to the computer registry. Answer: No, internet explorer needs history in a different part of the registry.

Noon Recess is called so that Alfred E. Imabitch can whine his way through a motion to preclude Detective Smith. Smith is in the courtroom waiting to see if he is going to be testifying and for whatever reason Jenny wants him ejected. Maybe he knows where to get some weed? Jenny says that the fact that there is no report from him is a problem and just scrolled through the computer and did an interview and she can’t just take his word for it. Juan argues back at the defense idiots as to why Smith should be allowed to testify. Smiths boss took him off of everything so that he could speed up his report. Juan reminds sometimes Judge Stephens that this is a motion for reconsideration of the original motion to preclude which was denied. It was re-denied. The next order of business on the all whine all the time train was the ChaCha incident. Now, if what has been said is true (and it rings true I have to say) then what a bunch of hypocrites the fans of Juan Martinez are. Juan is Hispanic in case none of them noticed. So is Cha Cha. To make fun of one because of their ethnicity is to make fun of the other. Is this really that hard to figure out? Alfred E. wants Mikal and 3 others removed from the courtroom, sometimes Judge Stephens says since she didn’t see it she cannot just boot them without a hearing. Nurmi wants a hearing. Sometimes Judge Stephens says she is not making the jury wait any longer but there is going to be a hearing on this at some point trust me. Even the Judge said she was not amused.

Finally Perry Smith is sworn in. Juan asked about the computer being turned on between 10 and 11 on June 19th while in police custody as the fucktards of the apocalypse have implied and he corrects Juan and says no it was last opened at 4:10. Jenny is immediately up and bitching about the report she doesn’t have that will say exactly the same thing he just said on the stand. Smith says that the computer was in defense custody when it was turned on. Juan points out that the defense has interviewed Smith three times to which Jenny objects because of course she does.

The bombshell of the day came when Juan let the defense know that Lonnie Dworkin (of the defense) would be testifying for the prosecution tomorrow. AND THE FOUR IDIOTS OF THE APOCALYPSE COMPLETELY LOST THEIR SHIT. Nurmi is calling it unethical, not on Juans part, on dworkins, and saying his testimony should be precluded. Juan is in such a good mood he ever offered the defense a copy of the questions he planned to ask him. I would call this check and mate I believe. Nurmi, after phoning in an order for one of everything at taco bell for pick up tells the Judge he isn’t going to have a witness ready until the 18th and proceeded to blame everyone from the prosecution to his witnesses to the Judge herself. Sometimes Judges Stephens was not the one today however and told Numnuts he better have a witness on the stand on the 17th mmmmmkay. Bitch wasn’t playing either. She wants this damn trial done, just like everyone else on the planet.

That is it for tonight. Special thanks to Mama for holding down the fort today.

RBMD peacing the fuck out.

PayPal Donate Button

Hai. This is my donate button.  I know it looks like lots of other donate buttons but this one is mine.  If you enjoy my blog please consider a small donation. All donations are greatly appreciated.  Thanks and have a great night.


The Motion Ruling I Promised You I Would Fix.

January 16, 2015

 

 

Don’t act surprised, we all knew I couldn’t help myself.

Disclaimer:  I AM NOT REALLY A JUDGE. I AM AWARE I AM NOT A JUDGE AND I AM IN NO WAY SERIOUSLY INTENDING FOR ANYONE TO BELIEVE THAT I AM A JUDGE. I JUST PLAY ONE ON MY BLOG.  ALSO, I TOTALLY JACKED THIS SIXTEEN ITEM MOTIONS JUDGEMENT FROM JEFF GOLD AND CHANGED IT TO HOW IT,IN MY OPINION SHOULD READ. BECAUSE THIS IS WHAT YOU DO WHEN YOU JACK SOMEONE’S STUFF HERE IS THE LINK TO THE REAL DOCUMENT. http://www.thegoldpatrol.com/

SUPERIOR COURT OF KELLY

DISTRICT OF JUAN COUNTY

CLERK OF THE COURT-STABBY’S PENCIL

HON. RBMD

STATE OF FUCKED UP JURISTS and JUAN M MARTINEZ

v.

STABBY ANAL EINSTEIN(001) ALFRED E. NURMI

JENNY FROM THE CELL BLOCK    CHA CHA DE LA HOSA (UNDERBOSS)

RULING

The Court has considered the defendant’s  COMPLETELY RIDICULOUS AND FRIVILOUS Motion to Dismiss the State’s Notice of Intent to Seek the Death Penalty Due to Defendant’s Inability to Present a Complete Case for Life (WHATEVER THE FUCK THAT EVEN MEANS) filed September 26, 2014 (with attachments BECAUSE WHY NOT), the defendant’s Motion to Dismiss State’s Notice of Intent to Seek the Death Penalty Due to being whiny bitches October 1, 2014, the State’s Objection to Motion to Dismiss State’s Notice of Intent to Seek the Death Penalty Due to defendant’s Inability to Present a Complete Case for Life filed October 6, 2014, the State’s Objection to Defendant’s Motion to Dismiss Notice to Intent to Seek Death Penalty Due to Continue State Misconduct filed October 10, 2014, Motion to Dismiss State’s Notice of Intent to Seek the Death Penalty Due to still being whiny bitches Supplement #1 filed October 24, 2014, the defendant’s Motion to Dismiss All Charges with Prejudice and/or in the Alternative to Dismiss the State’s Notice of Intent to Seek the Death Penalty BECAUSE THAT SOUNDED REALLY FUCKING COOL WHEN ALFRED E. NURMI THOUGHT OF IT AND HE HAD A BLANK MOTION FORM HANDY both filed on November 10, 2014, the State’s Motion for Discover (Compaq Presario Computer)filed November 13, 2014, the State’s Motion for Sanctions (Compaq Presario Computer) filed November 16, 2014, the State’s Motion to Strike (Compaq Presario Computer) filed November 18, 2014, the State’s Objection to Defendant’s  Motion to Dismiss All Charges with Prejudice and/or in the Alternative to Dismiss the State’s Notice of Intent to Seek the Death Penalty because it sounded really fucking cool and a bunch of other horseshit that doesn’t matter anyway(NOTE TO SELF, FIND OUT IF NURMI THINKS HE IS GETTING PAID BY THE PAGE.) filed November 20, 2014, the Defendant’s Motion for Reconsideration: Motion to Dismiss State’s Notice of Intent to Seek the Death Penalty Due to Defendant’s Inability to Present a Complete Case for Life(SERIOUSLY DOES ANYONE EVEN KNOW IF THAT IS A THING) filed November 26, 2014, Objection to Defendant’s Motion for Reconsideration: Motion to Dismiss State’s Notice of Intent to Seek the Death Penalty Due to Defendant’s Inability to Present a Complete Case for Life filed December 1, 2014, YOU KNOW WHAT, LETS JUST MAKE THIS A LOT EASIER FOR EVERYONE READING AND SAY WE ARE GOING TO DEAL WITH A BUNCH OF STUPID TIME WASTING MOTIONS THAT I CAN ONLY ASSUME COME TO ONE OF THE 4 IDIOTS OF THE APOCALYPSE IN THIER DREAMS AND ANSWERS FROM THE STATE TO SAID MOTIONS.

Prosecutorial misconduct is not merely the result of legal error, negligence, mistake, or insignificant impropriety, but, taken as a whole, amounts to intentional conduct which the prosecutor knows to be improper and prejudicial. State v. Aguilar, 217 Ariz. 235, 172 P.3d 423 (App. 2007). To prove prosecutorial misconduct, the proponent must show : (1) the State’s action was improper; and (2) a reasonable likelihood exists that the misconduct could have affected the jury’s verdict, thereby denying the defendant a fair trial. State v. Ramos, 235 Ariz. 230, 330 P.3d 987 (App. 2014); State v. Montano, 204 Ariz. 413, 65 P.3d 61 (2003); State v.Atwood, 171 Ariz. 576, 832 P.2d 593 (1992). To prevail upon a claim of prosecutorial misconduct, a defendant must demonstrate that the prosecutor’s misconduct so infected the trial with unfairness as to make the resulting conviction a denial of due process. Prosecutorial misconduct sufficient to justify reversal must be so pronounced and persistent that it permeates the entire atmosphere of the trial. State v. Edmisten, 220 Ariz. 517, 207 P.3d 770 (2009). There is a distinction between simple prosecutorial error and misconduct that is so egregious that it raises concerns over the integrity and fundamental fairness of the trial. AND ONE THAT ANY FIRST YEAR LAW STUDENT SHOULD PROBABLY KNOW State v. Minnitt, 203 Ariz. 431, 438, 55 P.3d774 (2002); Pool v. Superior Court, 139 Ariz. 98, 105, 677 P.2d 261, 268 (1984). Conduct is egregious when the material at issue was highly significant to the primary jury issue with the potential to have an important effect on the jury’s determination. Donnelly v.DeChristoforo, 416 U.S. 637, 647 (1974). The prosecutor has a duty to learn of any favorable evidence known to others acting on the government’s behalf in the case, including the police. It is the duty of the State as a whole to conduct prosecutions honorably and in compliance with the law. Kyles v. Whitley, 514 U.S. 419, 437 (1995). The trial judge is in the best position to determine the atmosphere of the trial, the circumstances surrounding the incident, the manner in which any objectionable statement was made, and its possible effect on the jury and trial. Statev. Nelson, 229 Ariz. 180, 273 P.3d 632 (2012): State v. Koch, 138 Ariz. 99, 673 P.2d 297 (1983). The prosecutor has wide discretion in deciding whether to seek the death penalty. Allowing prosecutors the discretion to seek the death penalty is constitutional. State v. Roque, 213 Ariz. 193, 226, 141 P.3d 368 (2006); State v. Spears, 184 Ariz. 277, 291, 908 P.2d 1062(1996).

Each BULLSHIT allegation of prosecutorial misconduct claimed by Defendant STABBY ANAL EINSTEIN will be discussed below AND WE WILL FIND OUT EXACTLY HOW EINSTEIN-Y SHE IS.

1. Potential mitigation witnesses will not testify. Defendant claims possible(PLEASE NOTE THE WORDS POTENTIAL AND POSSIBLE, THEY ARE KIND OF IMPORTANT. JUST SAYIN’) mitigation witnesses will not speak with defense counsel and others will not testify at the penalty phase retrial for fear of reprisal and/or “cyberbullying”. Defendant provided PROBABLY FORGED AND OR COERCED affidavits to support her claim in the attachments to the Motion to Dismiss State’s Notice of Intent to Seek the Death Penalty Due to Defendant’s Inability to Present a Complete Case for Life(WE NEED TO CHANGE THAT IT JUST SOUNDS WRONG) filed under seal(BECAUSE THE DEFENSE ARE A BUNCH OF BIG FAT PUSSIES)  on September 26, 2014. In addition, the Court has reviewed the information provided in the sealed supplements filed on January 5, 2015 and January 7, 2015. In the defendant’s motion to reconsider filed November 26, 2014, Defendant STABBY ANAL EINSTEIN argues the decision made by the Court of Appeals on the special action has inhibited her ability to present a complete defense of her life since potential defense witnesses cannot testify in sealed proceedings. This Court disagrees BECAUSE  WE HAVE A FUNCTIONING FRONTAL LOBE. The ruling issued by the Court of Appeals does not address the testimony of any witness other than the defendant.  There are many ways to address the concerns expressed by these potential witnesses.

For example, it is possible that testimony of a potential defense witness could be provided through the testimony of another witness. (See A.R.S. § 13751(C), which provides the prosecution or defendant may present any information that is relevant to any mitigating circumstance regardless of its admissibility under the rules governing Docket Code 019 Form R000A Page 3

the admissibility of evidence in criminal trials.) In fact, that has occurred during the penalty phase retrial. During the testimony of the defense expert witnesses, Dr.SEXPERT and Dr. Robert GOOFY, the defendant elicited information obtained from some of the witnesses listed in the Motion to Dismiss State’s Notice of Intent to Seek the Death Penalty Due to Defendant’s Inability to Present a Complete Case for Life, filed under seal on September 26, 2014. Other options are available if a witness is reluctant or refuses to appear and testify. Defendant could subpoena a witness to appear in court. See A.R.S. § 134071(A)(D). The name of a witness could be sealed to protect the privacy interests of that witness. Defendant could present information from potential witnesses through the mitigation specialist.(THIS IS TOTALLY THE ONE I SAY WE GO WITH JUST BECAUSE IT WOULD BE FUNNY TO WATCH MR MARTINEZ RIP APART CHA CHA.)  The testimony of witnesses who testified at the first trial could be provided to the penalty phase jury through transcripts or the video recording made by the court’s For the Record (FTR) system. Alternatively, affidavits and videotaped statements of a witness could be presented to the penalty phase retrial jury.  The Court finds the defendant has failed to establish any misconduct by the State throughout the course of these proceedings(BECAUSE THERE WAS NONE) that has impaired or hindered the defendant’s ability to present mitigating evidence and/or prove mitigating factors pursuant to A.R.S. § 13751(C). The Court finds no ground for dismissal of the indictment or the Notice of the Intent to Seek the Death Penalty based upon this claim. DENIED

2. Text messages were not timely disclosed. The State provided text messages sent or received OR JUST MADE UP by the victim in October 2010 after initially indicating to the defendant that these text messages were not available DUE TO TECHNICAL DIFFICULTY. Defendant argues there was exculpatory content within these electronic messages which was contrary to the testimony of Detective Flores at a hearing conducted in June 2010. As noted in the defendant’s motion filed October 1, 2014, many of the victim’s text messages and emails were admitted in evidence during the first trial. The defendant has reviewed many of the victim’s emails, text messages and gmail messages in great detail with her expert witnesses during the penalty phase retrial(MOSTLY BECAUSE SHE GOT SUCH A HUGE BUZZ OUT OF THE ONES SHE JUST MADE UP). Defendant has failed to establish the failure to provide the victim’s electronic messages earlier than October 2010 was for any reason other than the messages were not available due to technological issues. The Court finds no ground for dismissal of the indictment or the Notice of the Intent to Seek the Death Penalty based upon this claim. DENIED

3. Defendant’s rights were violated by the Maricopa County Sheriff’s Office. (REALLY? I HAVE TO DEAL WITH THIS SHIT TOO? FINE!) Specifically, Defendant alleges three incidents support her claim. First, Defendant alleges her jail cell was searched(LIKE OMG THEY ACTUALLY SEARCH PEOPLE WHO ARE IN JAIL FOR CONTRABAND AND WEAPONS? I’M TOTALLY SHOCKED BY THIS BIT OF INFORMATION) by jail personnel in February 2014. Second, in February 2014, the mitigation specialist was denied entrance to the jail after SMUGGLING the defendant’s drawings with her after a jail visit. Jail personnel deemed the  drawings to be contraband. Finally, in May 2014, a legal document (a photocopy of a book) was taken from the defendant’s cell during a jail search. Defendant “suspects” the book was copied and provided to the prosecutor. These matters were previously addressed by the Court. Defendant cannot show the searches were other than  routine searches conducted as part of security protocols at the jail. Defendant cannot show any prejudice to her case as a result of these jail searches. Defendant failed to provide any evidence to support her allegation that the book taken from her cell was photocopied and/or provided to the prosecutor. With regard to the mitigation specialist, the matter was resolved within a one week period and the mitigation specialist was permitted to resume visits with the defendant(EVEN THOUGH IN MY OPINION THE BITCH SHOULD HAVE BEEN ARRESTED ON THE SPOT. STILL THINKING ABOUT IT CHA CHA, WATCH YOUR STEP IN COURT.) See minute entry dated May 27, 2014. The Court finds no ground for dismissal of the indictment or the Notice of the Intent to Seek the Death Penalty based upon these claims. (MAN THEY REALLY ARE GETTING DESPERATE AREN’T THEY?) DENIED.

4. Inconsistent testimony was given by Detective Flores regarding the sequence of  injuries sustained by the victim. (IS THIS EVER GOING TO GO AWAY. CHRIST I WANTED TO WATCH TV SOMETIME THIS WEEK, ERR I MEAN)The defendant argues it was prosecutorial misconduct for the prosecutor to elicit testimony from the case agent, Detective Esteban Flores, regarding the sequence of injuries sustained by the victim at the Chronis hearing knowing his testimony was inconsistent with the testimony of the medical examiner. In January 2013, the defendant sought a new probable causing hearing (Chronis hearing) arguing that the testimony of Detective Flores at trial warranted a new probable cause finding on the aggravating factor alleged by the State. The Court denied the request for a new finding of probable cause by minute entry dated January 10, 2013. Defendant filed a special action with the Arizona Court of Appeals.(BECAUSE SHE THINKS SHE IS A SPECIAL LITTLE SNOWFLAKE.) The Court of Appeals declined jurisdiction. During the guilt phase, the defendant cross examined both Detective Flores and the medical examiner about the sequence of wounds and the detective’s testimony at the probable cause hearing in August 2009. During the penalty phase retrial, the defendant examined both Detective Flores and the medical examiner about these issues FOR ABOUT 700 HOURS. SOMEBODY CHECK THAT. . Detective Flores has testified and explained to both juries the reasons for his testimony in August 2009. The medical examiner has testified regarding his expert opinion on the sequence of wounds. It is for the jury to determine the credibility of witnesses. The defendant fully explored and argued her position on the sequence of wounds. The Court finds the defendant has failed to show any State misconduct with regard to Detective Flores’ testimony. The Court finds no ground for dismissal of the indictment or the Notice of the Intent to Seek the Death Penalty based upon this Claim. DENIED.

5. There was a delay IN JENNY’S WEED DELIVERY…NO WAIT, SOMEBODY READ THAT LAST PART BACK. OK, MY BAD.  in providing STABBY with the mirror image of the hard drive to the victim’s Compaq Presario computer created on June 11, 2008. The victim’s body was discovered in his home on June 9, 2008. The victim’s Compaq Presario laptop computer was found in the office of his home during the search that followed.  Detective Flores touched a key on the computer with a pen which awakened it from sleep mode. The computer was impounded as evidence on June 10, 2008. On June 11, 2008, the Mesa Police Department made a mirror image of the Toshiba hard drive that was on that laptop computer. The State disclosed the laptop computer to the defense. On June 19, 2009, the laptop computer was turned on and accessed at the Mesa Police Department during a review of evidence meeting attended by attorneys representing the defendant. The case agent, prosecutor, and defense investigator were also present during that meeting.  On January 31, 2013, Lonnie Dworkin, an expert witness for the defendant, testified at the guilt phase trial that he had reviewed items at the Mesa Police Department, including item #390633, the Compaq Presario laptop computer that belonged to the victim. Mr. Dworkin testified he received a mirror image of the Toshiba hard drive for that computer from the Mesa Police Department. According to Detective Perry Smith, who testified at the evidentiary hearing on December 11, 2014, that mirror image was created in December 2009. This mirror image contained changes made to the hard drive when it was awakened from sleep mode by Detective Flores on June 10, 2008 and changes that occurred when it was turned on for review by defense counsel on June 19, 2009. At the guilt phase trial, Mr. Dworkin explained to the jury the procedure he followed to forensically examine the hard drive he received in the E01 file format, including the steps he took to recover lost or deleted folders. He also explained the method he used to retrieve the internet history. Mr. Dworkin provided testimony regarding when the laptop computer was accessed on June 4, 2008. See R.T. January 31, 2013. On February 4, 2013, during cross examination at the guilt phase trial, Mr. Dworkin testified he recalled seeing some pornography on the victim’s computer AND THIS IS SO IMPORTANT I AM ABOUT TO HAVE TO WRITE FOR AN HOUR BECAUSE A GROWN MAN HAD PORN ON HIS COMPUTER. ARREST EVERY MALE AGE 18 AND UP RIGHT NOW.  but he was not asked to look for that type of information. See R.T. February 4, 2013, page 52, line 3 through page 54, line 3. During an interview with a Mesa Police Department detective on December 10, 2014, reference was made to a mirror image of the victim’s hard drive made by the Mesa Police Department on June 11, 2008. Defense counsel requested a copy of that mirror image. The State provided a copy of that mirror image to the defendant in December 2014. According to one of the defendant’s expert witnesses, Bryan Neumeister(WHO IN THIS JUDGES OPINION IS A TOOL. JUST SAYIN’), when the victim’s laptop computer was awakened from sleep mode on June 10, 2008, the computer downloaded updates that were not installed until it was turned on again. This did not occur until June 19, 2009. Thus, the mirror image created on June 11, 2008 should contain the changes made to the hard drive after it was awakened from sleep mode on June 10, 2008 prior to those changes being installed. There is also an issue regarding files being overwritten. The computer experts working with the parties are still analyzing the mirror image of the victim’s hard drive made in June 2008. On January 8, 2015, John Smith, a computer forensic expert witness hired by the defendant, testified at the penalty phase retrial. Mr. Smith examined the mirror images of the hard drive created on June 11, 2008 and December 12, 2009 as well as the original hard drive seized by the Mesa Police Department on June 10, 2008. He testified he had only 3 or 4 days to conduct a review of the June 11, 2008 mirror image of the hard drive. He testified he found data sites containing pornographic links to websites on the Toshiba hard drive. Mr. Smith testified if he had more time to analyze the hard drive it was possible he could have found more pornography links. Mr. Smith testified that none of the images he reviewed were an exact image of the Toshiba hard drive before it was awakened from sleep mode on June 10, 2008. However, the June 11, 2008 hard drive is the closest exact image. The source evidence and mirror images of the hard drive created on June 11, 2008 and December 12, 2009 contained the same pornographic data sites. These data sites provide the historical record to the pornographic sites visited or accessed by that computer. Mr. Smith testified he found artifacts or remnants of porn in the logs and history files. He testified he found no pornographic photographs, videos or other pornographic media on the hard drive. There was no indication data had been manipulated on that hard drive. Mr. Smith also testified the mirror images of the hard drive he reviewed were automatically modified or altered by the computer on June 10, 2008 and June 19, 2009 but the data files containing the pornographic links were still present after the alterations. Mr. Smith testified that the victim’s laptop computer contained numerous cleaner programs. The goal of these programs is to clean the computer and make it run more efficiently. These programs clean the registry and internet history and can be set to run at a regularly scheduled time or can be run manually. REALLY ALFRED E. YOU JUST MADE ME WRITE ALL THIS WHEN IN THE END IT ALL AMOUNTED TO A BIG BUNCH OF NOTHING. I’M RECONSIDERING THOSE SANCTIONS. On January 14, 2015, Mr. Smith testified that a modification to a hard drive does not change the data on the registry tables. No evidence files were deleted and the history or cookies were not affected when the hard drive was accessed on June 10, 2008 or June 19, 2009. The files that were modified or overwritten were the operating files. Defendant claims the failure to provide the defendant with a copy of the mirror image created on June 11, 2008 prior to December 2014 was an intentional disclosure violation. Further, Defendant claims that mirror image contains exculpatory evidence. No testimony was provided at the evidentiary hearing to explain why the Mesa Police Department provided Mr. Dworkin with a hard drive of the victim’s computer created on December 12, 2009. The Court has no basis to find the Mesa Police Department withheld evidence or refused to provide a copy of any evidence to Mr. Dworkin. To the contrary, a mirror image of the victim’s computer was given to Mr. Dworkin. As he testified at the trial, the focus of the defense at that time was not on the pornography contained on the victim’s computer. Rather, the focus was on the timeline of events that occurred on June 4, 2008. Mr. Dworkin was able to testify about those matters at the guilt phase trial. During cross examination at the guilt phase trial, Mr. Dworkin testified he had been interviewed by the prosecutor about the pornography on the victim’s computer but it had been two years earlier and he could not recall specific details or what he had stated during that interview. Exhibit 9 from the evidentiary hearing conducted on December 4, 2014, the Chain of Custody log maintained by the Mesa Police Department, shows that Detective Melendez and Detective Rios removed the computer from the evidence room on June 11, 2008, stating the evidence was out for investigation. Defense counsel and their expert witnesses received a copy of this log. Mr. Dworkin discussed protocols he followed for examining hard drives. As a computer forensic expert, he would have been aware that it is routine for law enforcement to make a mirror image of the hard drive. Detective Melendez was interviewed by defense counsel prior to trial and testified at the guilt phase trial and the penalty phase retrial. He was examined about his review of the laptop computer hard drive. There is no evidence he intentionally hid the existence of the June 11, 2008 mirror image or failed to provide a copy of the mirror image created in June 2008. According to the defense expert, John Smith, the content on the original hard drive (the “source evidence”) and all mirror images is the same with regard to the pornographic data sites to which Mr. Smith testified. In fact, the source evidence and June 11, 2008 mirror image are the same. Defendant argues that failure to provide the June 11, 2008 mirror image could have affected the jury’s verdict in the guilt phase trial because the State argued during closing argument that there was no corroboration for the defendant’s claim that she saw the victim viewing child pornography on his laptop computer. That issue is not properly before this Court. However, Mr. Dworkin testified at the guilt phase trial he had seen pornography on the laptop. Thus the defendant had the opportunity to pursue the issue during the guilt phase trial. The defendant has an expert witness who testified at the penalty phase retrial about the pornography links he found on the victim’s computer. The State may present evidence disputing the findings of that expert. However, the penalty phase retrial jury will have the benefit of the testimony about the contents found on the victim’s computer hard drive in evaluating the defendant’s testimony about what she says she observed the victim doing on January 21, 2008 as well as the testimony of the defendant’s expert witnesses. (OMFG I’M STILL NOT DONE WITH THIS. SOMEBODY IS GETTING TICKETED NEXT TIME THEY HIT GOLDEN CORRAL.)  The original laptop computer and hard drive were disclosed by the State and available for analysis by defense expert witnesses. The evidence at issue was on the source evidence (the original hard drive) and mirror images created from the source evidence. The penalty phase retrial is ongoing. If the defense expert finds additional evidence after further review of the 2008 mirror image, he can be recalled as a witness. Dismissal of the notice of intent to seek the death penalty is not an appropriate sanction for a discovery violation of this nature. The Court finds no ground for dismissal of the indictment or the Notice of the Intent to Seek the Death Penalty based upon this claim. DENIED DENIED DENIED AND I AM SO PISSED OFF RIGHT NOW

6. Social media postings by the case agent’s wife prejudiced the defendant. (,./MZ CBV XM,. .AS.,MAXNF.ADMN JT, SORRY MY HEAD HIT THE KEYBOARD) Defendant  alleges the case agent, Detective Flores, provided nonpublic details about the case to his wife who “tweeted” her opinions on social media. In addition, Detective Flores’ wife supposedly posted a video on You Tube which Defendant Arias describes as a mock movie trailer about the case. Defendant also provided copies of other social media exchanges in which the parties discussed trial matters including a claim that the defendant had a buddy write for her “in prison to create evidence for her story.”See EVERY PIECE OF WASTED PAPER THAT WAS ATTACHED TO THIS ASSININE MOTION. No testimony was provided at the evidentiary hearing regarding these claims BECAUSE WHO NEEDS TESTIMONY WHEN  ONE OF STABBY’S SUPPORTERS SAYS SO IN A LETTER TO THE DEFENSE. STABBY relies on the attachments to her motion filed on October 1, 2014 as support for her allegations. The Court has reviewed those attachments. The Court finds the defendant has failed to establish THAT DETECTIVE FLORES’ WIFE EVEN ACTUALLY EXISTS, NEVERMIND THAT IT WAS HER TALKING ON SOCIAL MEDIA. The attachments to the motion indicate SOMEONE WHO PROFESSED TO BE DETECTIVE FLORES WIFE stated there “was much condemning evidence and situations that most people never heard by watching the trial,” discusses the dismissal of a juror, and discusses a court assistant who allegedly made a derogatory statement about the prosecutor. The Court previously made a record about the matter involving the court assistant. The statement supposedly occurred in the courtroom, not a sealed proceeding. The court assistant denied making the statement. Whether there is any truth to the other statements purportedly made by the detective’s wife in her posts is unclear. The Court does not take lightly the allegation that Detective Flores provided nonpublic information to his wife about the case. Detective Flores has ROLLED HIS EYES SO HARD AT THIS MOTION I’M SURPRISED THEY DID NOT BOUNCE JAUNTILY ACROSS MY COURTROOM.  Defense counsel has not questioned him about these matters or provided any other evidence BECAUSE THERE ISN’T ANY that would permit this Court to find he violated any court orders. Additionally, some of the information referenced in the attachments may have been discussed in open court and thus there was no violation. There have been numerous court hearings on this case, including hearings in chambers and sealed hearings. This Court cannot recall all of the details of those hearings SINCE THIS TRIAL HAS BEEN GOING ON SINCE THE INCEPTION OF TIME. Without transcripts or testimony by individuals present at those hearings, this Court has insufficient information to find a violation of the court’s orders. The Court is unaware of any legal reason the detective’s wife should be restricted from providing her opinion or commenting about the case on social media. Even if the court had evidence that Detective Flores had discussed matters from a sealed proceeding with his wife, Defendant has failed to show that it affected her case in any way. The penalty phase retrial jurors were questioned about any prior knowledge of the case including information obtained through the media. None of the jurors indicated any knowledge about these social media exchanges. Defendant does not allege how her case was prejudiced by these incidents. The Court finds no ground for dismissal of the indictment or the Notice of the Intent to Seek the Death Penalty based upon this claim. DOUBLE DOG DENIED THE COURT ALSO HIGHLY RECOMMENDS THAT THE DEFENSE STOP LETTING A CRACKPOT WHO WANTS TO BE STABBY’S BESTEST FRIEND INTERFERE WITH THE DIRECTION OF THIS TRIAL.

7. Detective Flores allegedly commented or provided information to the press about the dismissal of a juror. BECUASE SOME CRAZY BITCH ON SOCIAL MEDIA MADE IT UP,  no testimony was provided at the evidentiary hearing about this claim. Exhibit G to the defendant’s motion filed on October 1, 2014 contains a social media message allegedly from the detective’s wife referencing a conversation with a juror that occurred in chambers. It is unknown how the information was provided to Ms. Flores. Defendant presumes the information came from the detective. Defendant does not allege how her case was affected by the social media statement. Even if the detective had discussed a sealed matter with his wife, Defendant has not shown that her case was affected in any way. The jurors empanelled for the penalty phase retrial were questioned about any knowledge about the case and none of them referenced any knowledge of this incident. Based upon the information provided, the Court finds no ground for dismissal of the indictment or the Notice of the Intent to Seek the Death Penalty based upon this claim. TRIPLE DIP DENIED

8. The Maricopa County Sheriff(REALLY? THE SHERIFF AGAIN?) made harassing comments about POOR MUFFIN, I MEAN STABBY  to the media BECAUSE HE IS A YELLY, GRILLY, BAD MAN JUST LIKE JUAN. STABBY claims (A LOT OF THINGS, NONE OF WHICH HAVE BEEN PROVEN TO BE TRUE) the Maricopa County Sheriff responded to media inquiries about a pleading allegedly filed by the defendant and those responses were intended to harass the defendant. A document was filed with the federal court alleging violations of law relating to Defendant EINSTEIN. The document, purportedly filed by or on behalf of the defendant, alleged various ways(NONE OF WHICH WERE ACTUALLY DESCRIBED,  STABBY had been improperly treated while in custody. The media apparently contacted the Maricopa County Sheriff seeking his response to the allegations. The sheriff denied the allegations in the document. It is unclear whether the sheriff viewed any document prior to speaking with the media. However, the sheriff told the media that inmates are not required to state the pledge of allegiance in order to receive meals. The sheriff also stated he had no knowledge of a Hepatitis C infection at the jail. He denied that the defendant was videotaped while in the restroom and that he or his staff had intercepted letters from or to the defendant and provided them to the media. The sheriff also denied the allegation that the defendant was denied medical treatment while in the jail.  SINCE SHE KNEW NONE OF THAT WAS GOING TO FLY, Defendant now asserts she was harassed by the sheriff’s comments.(HMM, I WASN’T THERE/THE NINJA’S DID IT-THE SHERIFF HARASSED STABBY/HIS COMMENTS HARRASED ME) This situation occurred after the first trial and before the penalty phase retrial began. Defendant does not suggest that any information provided by the sheriff was inaccurate or misleading. During jury selection, the potential jurors for the penalty phase retrial were questioned about their knowledge of the case and any media coverage of the case. The defendant had an opportunity to question each potential juror about this incident. Knowledge of this incident was not reported by any of the jurors selected for the penalty phase retrial. Defendant has not shown any prejudice to her case from this incident. The Court finds no ground for dismissal of the indictment or the Notice of the Intent to Seek the Death Penalty based upon this claim.  NEGADO

9. Detective Flores “awakened” the victim’s computer from sleep mode on June 10, REALLY, WE’RE BACK TO THIS AGAIN? FUCK IT DENIED.

10. Evidence was possibly destroyed when the victim’s computer was accessed on June 19, 2009. Detective Flores and the prosecutor were present when former defense counsel for the defendant viewed the victim’s computer on June 19, 2009. REALLY, SHE’S BLAMING HER OWN DEFENSE NOW? WELL, AT LEAST IT’S A NEW IDEA.  Turning on the computer at that time changed the hard drive on the victim’s computer. The Mesa Police Department made a mirror image of the victim’s computer on June 11, 2008, the day after the victim’s computer was seized. Any changes that were made to the hard drive as a result of turning on the computer without a write blocker on June 19, 2009 will not affect the content of the mirror image created on June 11, 2008. The Court finds no ground for dismissal of the indictment or the Notice of the Intent to Seek the Death Penalty based upon this claim. JE REFUSE’

11. Prior attorneys for the defendant were ineffective. Defendant claims her former attorneys were ineffective on June 19, 2009 when they permitted the victim’s computer to be turned on without proper precautions being taken to preserve evidence on that computer. WAIT A MINUTE, DID I NOT JUST RULE ON THIS ONLY WORDED SLIGHTLY DIFFERENTLY? [あらがう

12. Detective Melendez testified at trial and the penalty phase retrial that he found no pornography or viruses on the victim’s computer. Detective Melendez testified at the guilt phase trial on April 23, 2013 that he examined the internet history on the victim’s computer and found no adult sites. He testified he looked at the computer files and found no images of children. At the penalty phase retrial, Detective Melendez testified he found no pornography or viruses on the victim’s computer. The defendant has one or more expert witnesses who analyzed the mirror image of the hard drive to the victim’s laptop computer. Lonnie Dworkin examined the hard drive to the victim’s laptop computer and testified on behalf of the defendant at the guilt phase trial. See paragraph 5 above. John Smith testified at the penalty phase retrial that there were pornography links found on data sites. In addition, he found viruses or malware on the victim’s computer. Detective Melendez was subject to cross examination at all proceedings at which he testified and can be recalled by the defense at the penalty phase retrial. Defendant could have called witnesses to dispute his findings at the guilt phase trial. The defendant presented evidence to the penalty phase retrial jury on this issue. It is the role of the jury to resolve any factual disputes, evaluate the credibility of witnesses and determine the significance of the evidence AND I STOPPED GIVING A FUCK 4 MOTIONS AGO. The Court finds no ground for dismissal of the indictment or the Notice of Intent to Seek the Death Penalty based upon this claim. BESTREITEN

13. Comments by the prosecutor during a bench conference were PRETTY MUCH DEAD ON.  Defendant alleges the prosecutor made a comment to Defense Counsel during a bench conference that was insulting and unprofessional. WAIT. WHAT? HOW THE FUCK DID MY CLERK EVEN LET THIS MOTION THROUGH. THEY ACTUALLY WANT ME TO CONSIDER REMOVING THE DEATH PENALTY BECAUSE POOR MUFFINS LAWYERS FEELINGS GOT HURT? DID SOMEBODY SLIP ME A MICKEY. AM I BEING PUNKED? FIIIINE!! BLAH BLAH BLAH LEGAL STUFF. DEFUCKINGNIED

14. The prosecutor harassed a defense witness BY DOING HIS JOB. THE MORE INTELLIGENT THAN EINSTEIN-Y ONE alleges the prosecutor harassed an expert witness at the guilt phase trial by suggesting the witness had inappropriate feelings toward the defendant. This matter was addressed during the guilt phase trial. The State suggested an expert witness for the defendant had Developed personal feelings toward the defendant and lost his professional objectivity. The prosecutor referred to a gift the witness gave to the defendant and the number of visits (12) the witness made to see her as the basis for his questions. See cross examination of Dr. Samuels on March 18, 2013. PLEASE PAY ATTENTION TO THIS PART. A party is entitled to explore the bias, credibility and motive of witnesses. The prosecutor zealously cross examined the defense expert on these matters. Defense Counsel questioned the witness about these issues on redirect examination. The Court finds no basis to conclude there was prosecutorial misconduct. The Court finds no ground for dismissal of the indictment or the Notice of the Intent to Seek the Death Penalty based upon this claim.  CAN I ACTUALLY DENY THIS TWICE? SOMEBODY HAVE MY CLERK LOOK THAT UP.

15. The prosecutor signed an autograph OMFG DENIED.

16. Reluctance of witnesses to testify at penalty phase retrial. Defendant claims that potential defense witnesses have refused to participate in the penalty phase retrial because they fear the prosecutor may make “improper personal attacks in court and inspire others to attack them outside court.” See page 19, defendant’s October 1, 2014 Motion to Dismiss. ONCE AGAIN PLEASE PAY ATTENTION A party has the right to challenge the credibility, bias and motive of a witness unless the court determines the probative value of the evidence is outweighed by the danger of unfair prejudice or will confuse the issues. See Rule 403, Arizona Rules of Evidence. If the challenge is objectionable, the opposing party has the right to object and the court will rule. In this case, the prosecutor has zealously cross examined the witnesses. The courtroom is open to the public. The court cannot control what the public and media report about what they observe in the courtroom. OKAY YOU KNOW WHAT? MY HAND HURTS, I NEED A STABBY STRENGTH TYLENOL AND I ALREADY COVERED THIS SHIT. OTKAZ

17. The cumulative effect of the prosecutorial misconduct resulted in an unfair trial. OH PUHLEASE. THAT’S IT, I’M PEACING THE FUCK OUT. I’M A FAKE JUDGE I CAN DO WHAT I WANT.WHAT DO YOU MEAN I HAVE TO FINISH IT. IT WOULD BE WAY MORE FUN TO PLAY PIN THE PENIS ON STABBY SOME MORE. COME ON, YOU CAN GO FIRST. YOU KNOW THAT NO MATTER WHERE YOU PIN IT, IT GOES THERE. BEING A FAKE JUDGE SUCKS.

IT IS ORDERED denying the defendant’s ridiculous, monotonous, and complete waste of time never mind all the dead trees that have resulted from all these motions.

IT IS FURTHER ORDERED denying the State’s Motion for Sanctions (Compaq

Presario Computer) filed November 16, 2014 and the State’s Motion to Strike

FILED THIS 16TH DAY OF JANUARY 2021 2015
HON RBMD

PayPal Donate Button

Hai! If you enjoy my blog please consider a donation. All donations are hugely appreciated.


The Really Big Mean Dog School Of Law; Letting Your Jury Die Of Old Age

January 12, 2015

I hope sometimes Judge Stephens at least has their plots picked out. It seems like the least she could do – Arizona

Well her we are everyone, the 2nd to last class before exams. Letting your Jury Die of Old Age. YAY! Tonights class promises to be as exciting as it sounds. Before we get to class as usual, your Queen/law professor/dean of fuckery/economics professor/sarcasm expert has some house keeping matters that need to be attended to.

Christine Beswick sent us a note this morning and since I am not sure if you all saw it, here it is. You all are so deeply appreciated I wish I had words to say. Hours later, a whole night sleep even later, and I am still speechless at the response from yesterday. The words thank just seem so *small* in comparison to the feelings of gratitude I have for yall! You’ve left this writer speechless! My deepest gratitude to each of you, and especially to dear Kelly for co-ordinating the mission with her troops. Nothing but love for you Kelly! And you guys too! Honestly, it is people like all of you that make me choose writing/truth telling on a Sunday over couch time. Any day of the week! Much love to the RBMD family! Thank you thank you thank you!!! *kisses*

I am so proud of how quickly you all rallied around our friend Christine when she needed us. Of course she can hold her own, but with the threat of a deluge of the ten or so people plus all their alternate personalities I figured better safe than sorry. That and I think we can all agree that a good time was had by all. Well all people not named SW. I cannot abide bullies. Not now, not ever. Especially when said bully is going after any one of you. That I will not have.

Just Da Truth has been added to the blog roll. I have read a lot of his blog and it is good, so if you are looking for someone different to read, check out Just da Truth. It is a very good blog with a ton of info on Stabbykins.

Now on to todays class. I will provide a synopsis of todays court proceedings and get to the root of the class. Allowing your Jury to simply expire of old age and the ramifications thereof.

True to form, sometimes Judge Stephens started out the day with a sidebar because at this point we wouldn’t want our oldest juror to have a heart attack at a sudden change in the routine. Tweets will be brought to you by Jens Trial Diaries and will appear in quotes unless otherwise stated.

Detective Flores was called to the stand because of course we are still going with porngate. They don’t have anything else and we are trying to drag this out long enough to bump off a couple of the jurors so Flores takes his place on the stand. Jenny From the Cell Block is running this line of questioning and is asking Detective Flores about controlling the crime scene. “Jen is going over the electronic evidence on the scene…phones, laptops etc and the policy in handling them” Detective Flores while looking at Jenny like she had two or more heads said he was well aware of the procedures regarding the computers and he knew he was not supposed to turn it off or on. Since the screen on the laptop was dark he grabbed a pen and poked one of the keys bringing it out of sleep mode. This is NOT turning the computer off or on just for the tinfoil hat wearing bunch out there. He then reported the status of the computer to forensics all per SOP. So Jenny, the same one that asked Dr. DeMarte TWICE during the original trial why she hadn’t interviewed the very dead Travis now asked a completely gobsmacked Detective Flores if he thought it was okay to turn the computer on. The computer that was in sleep mode and was not turned on. That computer. She asked a bunch more crap about the computer that didn’t really matter much and then we got to some more important stuff. “Willmott asks if Flores stopped the defense from looking at evidence and Flores says no he didn’t interfere” Detective Flores then emphatically stated that he did not turn the computer on. He said that Juan was sitting in a corner taking notes and was on the phone. The judge then excused the jury so that Jenny could question Flores in an attempt to form some foundation.

OMG she asked Detective Flores if he recalled Juan making comments about looking for nude photo’s of Stabby Einstein. Ewwwwww. Someone pass the brain bleach and AS IF YOU SKANK HO BITCH. Jenny says that two other lawyers heard him say this??? What lawyers?? When?? Why is this a new thing?? Anyway Juan got a little hot pretty fucking fast at that statement and said to the judge if you are going to let this in lets talk about how the prosecutor said how horrific the crime scene was ( I still find it odd that he refers to himself in the third person) and what a liar multiple Stabby is with her plethora of lies about what happened. Sometimes Judge Stephens says it’s irrelevant. All of it. “Juan says at the time, the accusation of Travis looking at porn or the pedophilia accusation wasn’t even brought up yet.”

OMG I’m dyyyyying. The defense wants Juan to be removed as lead council so that he can be called as a witness. Now this is a maneuver I have seen in a trial or two and it never works and always pisses the judge and the prosecutor off. And it did. Alfred E. decided this was a perfect time for one of his patented fits (pitching a Nurmi- copyright pending) He is now begging for her to let them call Juan as a witness and demanding a mistrial. AGAIN. SOMEMORE. STILL.

There was a ten minute recess. Now, I have a source in Arizona who told me Friday that the transcripts would be released on Tuesday but asked me to keep it to myself so I did. During the recess I found out my source is still a great source because the transcripts are being released on Tuesday. We also found out there will be no ruling on the DP motion until either Flores or the computer tech are done their testimony, but we are not sure yet which one.

Flores is now back on the stand and is holding firm to his earlier testimony. “Willmott is saying this testimony was false and Juan objects for vouching and we have a sidebar”

Back from sidebar: Flores says defense expert testified also no porn on computer Jenny begins to giggle an evil little giggle for some unknown reason. “Willmott is saying a Mr. Brown found a porn video on the computer. F says he doesn’t know he hasn’t reviewed the whole report” and with that the seething pitbull is up.

Juan first tells the jury that the crime scene wasn’t pristine because Travis’ friends had been on scene before police arrived. Juan asked Flores that unless god comes down on the scene they are all contaminated correct? Detective Flores answered yes. “Juan asks if there was a different policy at the time of this crime on looking at computers on scene. Flores says Yes” “Juan is reading a policy from 09 and Nurmi wants to approach” Detective Flores provided the power source for the laptop and defense team plugged it in. The pitbull asked if one of Flores duties was defense babysitter to which he answered no.

Juan brought up Lonnie Dworkin and how he went and made images and copies himself. He said that in 2009 these mods would have been known to the defense computer expert. And Lunch is mercifully called #giftfrombabyjesus.

So, to reiterate. The defense was accusing Juan of looking for porn on TA and JA’s computer. He denied it vigorously as did Detective Flores. Sometimes Judge Stephens remembered she was indeed sometimes a judge and refused to allow the defense to bring in the accusation about the prosecutor looking for porn. In a report from Det. Brown it states there was no porn movie on this hard drive that belonged to Travis. Smith was talking about the registry only but he said it only had terms on it and no actual porn correct? Flores answered in the affirmative Then the mighty pitbull roared. There was NO child porn of any kind found on any hard drives belonging to Travis Alexander Correct. Flores answered with a resounding correct and the the Travis is a pedophile train barreled off the tracks and hit a building.

And just like that court was over for the day. Nobody knows why. A motion to preclude a witness for the state has been filed and my in house psychic says that witness they do not want anywhere near the stand is Dr. DeMarte. We will have transcripts 2morrow and court on Wednesday again and we still do not have a ruling on the DP thing, although I would say the lack of ruling and the fact that trial is sort of continuing answers that question.

Now, how does all this fit into letting your jury die of old age?  Well, we have now been in the retrial phase since October. It is January and we are going over the same stuff over and over again. I give this at least another month or so.  Our oldest juror could be dead by then.  Several more may be bored to death and then we won’t have enough jurors to get a verdict. That would mean a mistrial and good old not a judge would have to impose sentence.  Alfred E is a slick one.  In a slime highway kind of way.

Oh and tweet of the day goes to @Banyarola who said Do you guys realize we fought and won WW2 in less time then this trial has taken?

That is it for tonight my lovelies

RBMD peacing the fuck out.
PayPal Donate Button

If you enjoy my blog please consider a small donation.  Donations of any size are greatly appreciated.


Varmt News Network

It's the Internet.

peskyvarmt

Just another WordPress.com site

Asleep in Left Field-My Life

4 out of 5 Friends recommend this WordPress.com site

Out in left field

(Totally fictional) Drama Queen Stories

CALLS FOR JUSTICE

sometimes, there are monsters walking amongst us

Varmt News Network

It's the Internet.

peskyvarmt

Just another WordPress.com site

Asleep in Left Field-My Life

4 out of 5 Friends recommend this WordPress.com site

Out in left field

(Totally fictional) Drama Queen Stories

CALLS FOR JUSTICE

sometimes, there are monsters walking amongst us