Jodi Arias trial: Prosecutor's tactics under scrutiny
Panel of legal experts weighs in
- Duration 7:45
- Date Feb 28, 2013
Panel of legal experts weighs in
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This transcript is automatically generated
Those states cross examination of -- -- is set to resume for a fifth day in her murder trial.
The lead prosecutor Juan Martinez known for a take no prisoners style has been hammering away at areas as many different versions of what happened.
Could his tough approach -- backfire with the jury take a listen to this snippet.
You're saying hey you're not.
Here than what you can s.'s picture right yes thank you are telling residents.
That I wasn't true correct -- -- they told him.
Anything something different modes and more things for truth is that what you're saying some things -- not true.
Did you it's.
Yes and did you -- to -- opportunity.
More than -- yes well.
I'm talking about two days he did not get a few days and -- just like -- forty.
Yes you -- like a few people in new job.
Yes did you watch any bringing you every -- -- -- -- People what you're saying that just because we're sitting here in this courtroom.
There has been for -- -- better heard a conversion.
That's her right.
For less than two minutes.
So that's how it's been going the testimony is back underway now.
Susan Constantine is a jury consultant -- panic she is a criminal defense attorney and Fred TC a former federal prosecutor.
Welcome to each of you.
-- -- and this is a mostly male jury.
How do you think this -- style of of mr.
Martinez it is going to fly with those members of the jury.
Well overall we're looking at seven are eleven male jurors and then the remaining at females but of course for -- are alternates.
There really is more about how those jurors except and they did take in information so even if there -- -- -- out.
If there they tend to be more Kenneth static which most men are not as it's feeling it's going to really be offense -- Those -- -- personalities absolutely.
But then again.
This overall in -- bombardment over time I think he'd be very ineffective if it's used consistently throughout without creating some rhythm and pace.
And his -- Very well -- I have noted that it just even that exchange that he had with her a moment ago that we played is a little more sedate -- he was in the early going.
-- that right in here -- their core business for -- there aren't getting.
Grant thinking they're arguing over semantics at most some of you knew mores I -- -- that you played was pretty city.
And that I have heard examples and it's it's an -- ready you don't have to make the point a hundred times she admitted she -- Move on to something else you have to argue.
Did you like numerous times -- a few times any sustained thing they're here.
It seems that mr.
Martinez is trying to -- makes sure she says puppy instead of small dot.
It and doesn't really matter he's made its point I think it comes off as he is trying to bully her.
Which if you find any Bible -- jurors you have any sympathy.
For her being beaten down by -- that only helps car it helps her case she's looking at the death penalty if she can.
Establish some type of report are eight even if if she can it.
-- -- some sympathy from a -- check her predicament right there.
And then it does not help the prosecution even out the prosecution has all the facts on her site.
They don't need to beat her on the.
If you know like -- you know what I think you're not gonna get sympathy for a woman who sliced the guy 27 times shot in the head.
-- darn near decapitate an anchor repeatedly lied about it.
I think what Martinez is -- -- he's going toe to -- -- closing arguments in the -- ladies and gentlemen of the -- this woman's entire defense -- -- -- -- her testimony.
Was is it she butchered this man because he made her do things that she didn't want to do and you watched her stand with me.
Toe to toe.
Day in day out question by question by question -- you jury consultants right John.
People filter information differently.
It's been my experience -- they filter information predicated upon their predisposition and their wife experience as an example I get my students is you go to a Chinese restaurant and you get a fortune cookie.
It says you're going away for a long time -- positive person.
You're -- -- -- with some -- -- to -- drinks at a little coconuts if you're negative person you're going to prison for tax evasion is the same piece of information.
These people are gonna filter any information that is predicated upon who they are not so much more -- a style we love -- talk about it we make a big deal out of it.
But jurors take their -- very seriously and that's how they filter information.
Esther you -- Fred just brought up the fact that that she has been telling this jury that.
That he coerced her the victim aware history and all these sex acts and she wasn't really comfortable with them.
Martinez did get her to admit that she actually enjoyed the -- too raunchy sex.
That they shared that that's got to to work against a lot of arguments.
I great he's just going too far he hadn't been -- to get her to say that -- life.
Which frankly she's read only admitted she's lied to every one.
I -- any expects the jury to believe that now she's telling the truth I don't think anyone does believe she's telling the -- the -- -- well I constantly attacking her.
That jurors might feel some level of sympathy angry she can't -- eight but I don't know.
But if -- yeah I pray that actually and a -- Eight is is the prosecutor's case to -- not -- area in this case to green all right so who needs he he should NASA needs to be careful.
Susan your our jury expert here talk about Fred's point I mean -- is saying that essentially these two are.
Boxers and arraignment for the the prosecutor is going after her hard and she's punching right back how does that play with the jury.
What you know what is it showing that -- areas can stand on around so I think -- veterinary affected there.
Because you know what he's been pushing her pushing her she's not -- little while flower.
That's for she's presenting herself and here's the other thing I love the cognitive approach he's taking it seven point from beginning -- and we're -- can remember -- thank.
He's taken the -- approach and going -- -- support and then jumping around so it's kind of scrambling her mind up.
And that's what we're starting to see that added to what -- -- with I think with spending tremendously.
It's been beneficial at stake -- -- The events that didn't go every -- -- and -- But it's been very effective because you know she testified on direct she remembered nothing about killing him and he caught her slipping up yesterday very -- -- -- -- -- He said when you pulled her into the when you pulled his body into the shower right she said yes that's right pulled it now she -- 36 you forgot about it so when you deal with people like have worked at the logic.
You have to jump around like this and I understand from this about this guy -- in closing argument he won't pull all this together.
Together there's also though the fact of the gun.
His friends say he didn't keep a gun at his house she says it was in the closet.
-- her grandparents had a gun of the same caliber that was stolen from them.
Just in the weeks ahead of this killing.
Lot of questions here.
-- -- one last one last crack at -- how it's all gonna come together.
Well you know I think he just didn't Martinez had already made his case I just don't.
-- why he needs to keep going at it he's already gotten the facts he wants teens in closing argument.
I think the longer she stays on the stand the more likely it is for why -- terror.
Do you feel bad if you are her and he doesn't know and I just don't know what -- -- -- the extended line.
Well with with the eleven men on the jury I'm not sure that anybody's going to be feeling particularly bad for but will see.
One a lot of kept testimony and closing arguments come.
Thanks to each of you for joining us today thanks read about it.