shock the effect it has on the brain. they need a professional to explain away her lack of memory. jon: because in the rules of evidence the prosecution can only ask her about what she has testified about, right? right. jon: if she doesn t talk at all about the murder on the stand for nine days. nine days that was a must take, to put her on the witness stand for nine days. she should have been on the witness stand for 90 minutes. you re right. cross-examination is not allowed to go beyond the scope of direct what they full us in the law. but they asked her about the events the fact that she says i don t remember, that opens the door for the prosecutor to be able to say, you don t remember getting the knife? do you remember the first bound? do you remember the third wound? do you remember after he is bleeding all the blood on the floor, do you remember going to get the gun? no, i don t remember. do you remember shooting him the first time? i think that will end up hurtin
factors influenced you re having a memory problem? usually when men like you are screaming at me or grilling me or someone like travis doing the same. so that affects your memory problems, right. right it. makes my brain scramble. so you re saying it is, basically what you re saying mr. martinez s fault that you can t remember things that are going on? it is not your fault. i m not saying that. you re saying that, isn t it. no, i m not saying that. is there something about a certain decibel of the voice that creates problems? decibel, tone, content, sort of a combination of factors. jon: jodi arias has admitted to killing her former boyfriend travis alexander in 2008. she faces the death penalty if found guilty of first-degree murder. obviously her attorney is trying to keep her off death row. arthur aidala criminal defense attorney, former prosecutor. fred tease ea former
prosecutor tease see. nine days after testifying in their own defense and subjected to cross-examination. after remembering all the stuff about their relationship she really can t remember the murder, the killing itself. nine days, nine days, nine days. by the way i forget what happened. jury is riveted for basically nine days to the extent they can be waiting to hear her talk about the murder. when she ge to that she says i can t remember. that was not high point of cross-examination. the prosecutor showed she remembered all the little details but couldn t remember killing the guy. i think he made his point. jon: what about it? it makes you cringe as a defense attorney. obviously they knew that going in, they knew that going into it. that was their strategy. obviously we re going to say she couldn t remember all of the nice parts about the relationship, but the bad parts about the relationship but the actual incident she can t. they have to call an expert. the defense has to cal
went to the accused. here to explain criminal defense attorney dwayne cates, he was in the courtroom yesterday. you think the prosecution didn t exactly get off on the right foot here, dwayne? i don t, jon and i ll tell you y. in the very beginning juan martinez came out just firing an was really being aggressive, but he was being aggressive over a point that didn t matter. he was being aggressive over a point that jodi arias called her sister dumb. i mean that is how we opened up, and that just didn t play. and then at one point jodi arias basically looked at him and said, i can t remember because you re yelling at me, just like travis did. and that was a moment to behold. jon: you think that that builds sympathy on the part of the jury for her? i mean it does. i mean here is what happened. she said that line, and the attorneys immediately went to a bench conference with the judge. when the bench conference was
over juan martinez came out and his whole demeanor was different. he had a lower tone, he was polite, i mean to me that is a win for the witness when you can change the way the prosecutor is doing their cross-examination. jon: what about this moment, though? he talked about the prosecution talked about a message that she apparently was trying to smuggle out of her jail cell and it read like this. you mess up what you told my attorney next day directly contradicts what i ve been saying for over a year. get down here asap and see me before you talk to them again and before you testify so we can fix this. that was a coded message apparently in a magazine that she was trying to smuggle out of the jailhouse. how did that play? well, that was a bad fact for the defense. and, you know, the defense got blindsided by it, because i m sure the prosecution, you know, they have to notice them of what their evidence is going to be, and so they noticed they were