Jodi Arias – Flores Perjury

Note: this page looks at lying on oath, perjury. See also Withholding evidence and Prosecution misconduct. There are many other issues I plan to cover in time.

Here are some extracts from this news report ( January 11, 2013) by local reporter Michael Kiefer : http://www.azcentral.com/community/mesa/articles/20130110jodi-arias-trial-defense-accuses-detective-perjury.html
<<

In 2009, during hearings to determine whether there was probable cause to seek the death penalty against Arias, Detective Esteban Flores told the court that, based on conversations with the county medical examiner and his study of the scene, Arias first shot Alexander.

The shot, it was said, may or may not have knocked him out initially, but ultimately, Alexander then fought with Arias as she stabbed him 27 times and slit his throat.
[ Note : it turns out there were just 3 stab wounds, not 27 ]

Flores repeated that theory of the crime in interviews and sworn statements to Arias’ legal team.

But right before the case went to trial, the story changed.
In his opening statements Jan. 2, Deputy County Attorney Juan Martinez told the jury that Arias first stabbed Alexander, then slit his throat and put a bullet in his head after he was already dead.
..
On Tuesday, Medical Examiner Kevin Horn testified that the gunshot likely would have incapacitated Alexander, making it unlikely he fought back. Because Alexander had extensive defensive cuts on his arms and legs, he obviously put up a fight. Therefore, Horn said, it was unlikely he was shot first. And Horn denied ever speaking to Flores about the sequence of wounds.

On Thursday, after hours of testimony about blood spatter and DNA evidence, Arias’ lead defense attorney, Kirk Nurmi, had a chance to grill Flores over the change of facts.
At first, Flores claimed that he didn’t recall whether he heard Horn’s testimony two days earlier. As to his change of opinion of how Alexander died, he said, “That was my understanding at the time. … I’m not a doctor.

Over vigorous objections from Martinez, Nurmi pushed the question about Flores’ inaccuracy.
“It was not inaccurate, it was mistaken,” Flores said.
“That’s a pretty big misunderstanding, isn’t it?” Nurmi asked.
“No, I don’t think so,” Flores replied.

Then, when Martinez got his chance to redirect Flores’ testimony, Flores, the lead investigator in the case, stuck to the new version of events and reiterated he had been mistaken in his earlier account.

After the jury was dismissed for the day, Nurmi requested a mistrial, saying that Flores had committed perjury in his testimony.

In open court, Judge Sherry Stephens read aloud the ruling made at the 2009 hearing by Judge Sally Duncan, who was handling the case at the time:

“The State presented evidence that the victim was first shot on the right side of his head near his eye with a .25-caliber handgun and that the bullet lodged in his left cheek. This wound was not fatal and may or may not have rendered the victim unconscious. The victim did not remain unconscious, based on the infliction of the other wounds and the location of blood-spatter evidence in the bathroom sink and blood in the hallway. In addition, the defendant told police that the victim was unconscious after being shot but then crawled around and was stabbed.”
>>

Here is Horn: http://www.youtube.com/watch?feature=player_detailpage&v=1tZKYBlfkxI#t=6260s ( 1:44:20 )
He is non-specific here about how rapidly Alexander would be incapacitated.
When Martinez asks “immediately” he responds “rapidly, yes”.
That could be anything from a few seconds to a minute.

Here is the cross-examination : http://www.youtube.com/watch?feature=player_detailpage&v=1tZKYBlfkxI#t=9131s ( 2:32:15 )

Oh wow, first he says the brain is liquified, then he admits it wasn’t.
He is says he has no memory of talking to Flores. I’m trying to decide what we know for sure.
Who do we believe? He says it was ten years ago! But it’s nothing like that. Hmm.. but be careful.

Flores claiming he had a “misunderstanding” 3 hours 11 minutes 9 seconds in

Nurmi: You were asked if it was Dr Horn’s opinion that this rendered the victim unconscious or did he still remain concious. Pretty specific question, right? Flores: Yes
Nurmi: And you answered “He said it would possibly have rendered the victim unconscious but definitely could have been concious”, correct? Flores: Yes
Nurmi: You were also asked, but in the circumstances, based on all the other injuries, it was his opinion that it did not render him unconscious, correct? Flores: Yes
Nurmi: And you say that you “misunderstood” Dr Horn? That is your testimony here today?
Flores is ruled non-responsive by the judge (403).
Nurmi repeats the question.
Flores: Yes.
Nurmi: You put this “misunderstanding” first in your police report, right? Flores: Yes.
Nurmi: And second time, under oath, and giving sworn testimony, you perpetrated the same “misunderstanding”, correct? Flores: Yes.
Nurmi: And then again you did it while being interviewed on national television, is that correct?
Flores: Yes, that is what I believed.

WTF? This is not a misunderstanding. The lead detective cannot misunderstand the crime scene that badly. This is deliberately lying on oath, and arguably perjury. There are various possibilities here, considering Martinez’ redirect, and Horn’s testimony I think it’s this:

Horn did talk to Flores, and Flores came to the obvious conclusion that the gunshot came first. Horn has forgotten about it. Flores told the truth at the pre-trial, but is lying under oath now, because he has been ordered to. Horn has given a different opinion based on what other information he has been given, partly to suit Martinez’ need to refute self-defence beyond a reasonable doubt and the desire of Alexander’s family to seek the death penalty. Flores had no reason to lie under oath at the pre-trial.

The defence is entitled to argue that Horn’s original opinion, as reported by Flores at the pre-trial, should stand. That’s most likely the truth. Therefore his opinion that Alexander would have been incapacitated “rapidly” should be not be interpreted too strictly. Flores is now claiming a “misunderstanding”. I think we are entitled to be very sceptical about that, given the specific questions asked. And that the shot very probably came first, based on all the evidence.

In view of the blood evidence in the basin, associated with Alexander aspirating blood due to the gunshot wound, and bleeding heavily, it’s very evident that the shot came first. It’s also implausible that Arias could have overcome Alexander unless the shot came first. The prosecution know that their only chance to refute self-defence BARD is with the gun shot coming after Travis is dead, so they are ran with it, even though it’s blatantly wrong, based on the blood evidence.

My conclusion: the prosecution case is a complete nonsense – perhaps designed to deliberately confuse the jury

Further note: from page 13 of the investigation report date 27 August 2008:
“The initial report from Dr. Horn was that the gunshot wound to Travis’ head would not have been fatal. The gunshot would have possibly disabled him temporarily.”.

Also note, page 7 of the autopsy reportThe dura mater and the falx cerebri are intact“. See also Horn Final – Dura Mater “typo”

Denied

After the jury was dismissed for the day, Nurmi requested a mistrial, saying that Flores had committed perjury in his testimony.
In open court, Judge Sherry Stephens read aloud the ruling made at the 2009 hearing by Judge Sally Duncan, who was handling the case at the time:

“The State presented evidence that the victim was first shot on the right side of his head near his eye with a .25-caliber handgun and that the bullet lodged in his left cheek. This wound was not fatal and may or may not have rendered the victim unconscious. The victim did not remain unconscious, based on the infliction of the other wounds and the location of blood-spatter evidence in the bathroom sink and blood in the hallway. In addition, the defendant told police that the victim was unconscious after being shot but then crawled around and was stabbed.”

Nurmi pointed out that Martinez had never corrected that “mistaken” version for the record. But Stephens said that the 2009 ruling was not about the sequence of events, but rather about determining whether there was probable cause to find that the crime was heinous and depraved, thereby qualifying Arias for the death penalty.

Judge Stephens denied Nurmi’s motion.

Trial Index

2 thoughts on “Jodi Arias – Flores Perjury”

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

and cases of Wrongful Conviction

Who Speaks For Me?

Trauma Informed Justice for Women

Jason Sadowski is Innocent

Victim of false allegations by drug addicts who made a scene to dissuade Jason from reporting a theft to the police.

Stop Wrongful Convictions

by exposing corruption in our justice system

Action Committee For Women In Prison

Advocates for the humane, compassionate treatment of all incarcerated women.

Battlefield America - A Government of Wolves

"a nation of sheep will beget a government of wolves"--edward r. murrow

Nevada State Personnel WATCH

Exposing the rampant wholesale corruption

innocentsondeathrow

texts written by Charles FLORES and Anibal CANALES

Justice For Tyra

20 Years Too Long

Richard Masterson was Innocent

on Texas death row, executed January 20, 2016, Rest in Peace

4JusticeNow

Helping Women in Prison

JONATHAN TURLEY

Res ipsa loquitur ("The thing itself speaks")

Anni Dewani's tragic murder - the Truth

An objective assessment of the facts and claims surrounding this case.

The Fairbanks Four

a story of injustice on the last frontier

Vancitydissident's Blog

Please write your comments. S'il vous plaît écrivez vos commentaires

A Study in Myopia

The Meredith Kercher case - an analysis of judicial malpractice in action.

%d bloggers like this: