Jodi Arias – Motion to Dismiss 10 Nov 2014

MOTION TO DISMISS ALL CHARGES WITH PREJUDICE AND/OR IN THE ALTERNATIVE TO DISMISS THE STATES’S NOTICE OF INTENT TO SEEK THE DEATH PENALTY DUE To RECENTLY DISCOVERED PURPOSEFUL AND EGREGIOUS PROSECUTORIAL MISCONDUCT

(Evidentiary Hearing Requested)

Ms. Arias, through undersigned counsel, pursuant to the rights due her via the Fifth, Sixth, Eighth and Fourteenth Amendments of the United States Constitution, as Art. 11, § 4 and § 24 of the Arizona Constitution, hereby requests that the charges against her be dismissed with prejudice due to the fact that Ms. Arias has recently
discovered that the State has purposely destroyed evidence that was clearly exculpatory and or mitigating. In the alternative, Ms. Arias requests that this Court dismiss the “State’s Notice of Intent to Seek the Death Penalty” that the State filed against her on
October 31, 2008. Support for Ms. Arias’ position can he found in
the Memorandum of Points and Authorities as well as the evidence she produces at the evidentiary hearing she is requesting in conjunction with this motion.

Finally, given the ever changing nature of the case and the evolving scope of the State’s misconduct, Ms. Arias reserves the right to supplement this motion as circumstances currently unforeseen dictate.

MEMORANDUM OF POINTS AND AUTHORITIIES

1. RELEVANT FACTS

On or about June 10, 2008, after Mr. Alexander’s body was found the Mesa Police Department collected various items from his home.

Amongst the items collected was a Compaq Presario Computer. This item, which was subsequently labeled as item number 390633 (henceforth Compaq Computer).

The internal workings of the Compaq Computer were later analyzed over the pendency of this case. The original examination of this computer was conducted in 2008 by Detective Melendez of the Mesa Police Department who on October 21, 2014, testified that he analyzed this computer by using encase software and this was the only software that he used because he followed Mesa Police Department protocol. Detective

Page 3

Melendez further indicated that Mesa Police Department protocol would require the use of a “write blocker” so that nothing on the hard drive would be altered. Detective Melendez further testified his work in the case ended in November of 2008, when he transferred out of the Computer Forensics Unit. Subsequent to the initial analysis done by Detective Melendez, this hard drive was analyzed by Lonnie Dworkin of Compufor. His analysis did not uncover the existence of any pornography on this computer.

Thus, when guilt phase proceedings began on January 2, 2013, Ms. Arias. despite her best efforts had no evidence that any pornography was on Mr. Alexander’s Compaq Computer. Thus, when Ms. Arias took the stand and testified that on or about January 21, 2008, she caught Mr. Alexander masturbating to an image of a child, she had no objective support for the reality that Mr. Alexander viewed child pornography. Thus, at various stages of the proceedings the State claimed that Ms. Arias was lying about this incident, that she was making this incident up to disparage Mr. Alexander and that Ms. Arias was a “liar” whose testimony should not be believed.

This attack on Ms. Arias’ credibility also expanded to include attacks upon Ms. Arias’ expert witnesses. In particular, the State went on to attack the professionalism of Domestic Violence Expert Ms. Alyce Laviolette and psychologist Dr. Richard Samuels because they based their diagnosis on the words of a “liar,” Jodi Arias.

Furthermore, the State called their own computer expert, Detective Melendez who testified that he found no pornography on Mr. Alexander’s computer. However, at the time the State was attacking Ms. Arias and the professionals that were working on her behalf and offering testimony that no pornography was found on Mr.  Alexander the State knew that the

Page 4

attacks they were making and the testimony they were offering was untrue. In that,  prior to gaining a conviction on the charge of first degree murder on May 8, 2013, the State had full knowledge that Mr. Alexander’s computer did contain a plethora of pornography and that this computer further contained evidence that Mr. Alexanderhad a sexual interest in children. In fact, as the evidence produced at the evidentiary hearing will demonstrate, it is clear that the State knew this evidence existed because, on June 19, 2009, before Ms. Arias examined Mr. Alexander’s computer the State deleted this evidence.

Specifically, recent Forensic Analysis has shown that between the times of 13:56:19 and 16:51:34 on June 19, 2009, that thousands of files were deleted from Mr. Alexander’s computer. To clarify further, evidence produced at the evidentiary hearing will demonstrate that this was not some sort of inadvertent forensic error, but instead that someone went into the computer without a “write blocker” and sought to alter its content and alter they did, with such a level of success that the State‘s deceit was not uncovered for several years. Whoever had the computer that day for this period of time, deleted the browser history and registry for the computer. Amongst the files that were deleted are several that are easily recognizable as pornographic websites and thereby demonstrating the purposeful nature of their targeting and their exculpatory or mitigating value they include

– [redacted]
– [redacted]
– [redacted]
– [redacted]

Still others are mentioned herein because the date and time they were viewed negates and vlaid argument that Ms. Arias put these items on Mr. Alexander’s computer. These pages include;

[redacted] which was accessed on the following dates

– 5-28-08
– 5/29/08
– 5/31/08
– 6/1/08
– 6/2/08

[redacted] which was accessed on the following dates

– 5-28-08
– 5/29/08
– 5/31/08
– 6/2/08
– 6/10/08

[redacted] which was accessed on the following dates

– 5-28-08
– 5/29/08
– 5/31/08
– 6/1/08
– 6/2/08
– 6/3/08

[redacted] which was accessed on the following dates

etc.
Still others aré recognizable as web pages that likely contain child pornography. They include [redacted] and [redacted].

Coincidentally, June 19, 2009, at 13:56:19 Detective Flores took possession of the Compaq Computer to take it to “Forensic Services” and that on the same day he returned the computer from “Forensic Services” at 16:51:34 (See Exhibit A). At the present time, Ms. Arias does not know who “Forensic Services” is as she has never received any report from such a person or entity and instead only knows that Detective Flores took Mr Alexander’s computer to this person or entity and that while this person or entity had the computer exculpatory and/or mitigating information was intentionally destroyed.

II. LAW AND ARGUMENT

A. THE STATE’S MISCONDUCT IS OF THE NATURE THAT DISMISSAL OF ALL CHARGES IS WARRANTED

..

Original scan : MotionToDismissNov2014

Trial Index

 

Advertisements

3 thoughts on “Jodi Arias – Motion to Dismiss 10 Nov 2014”

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

Sytonnia LIVE

Lifestyle, Sports and Entertainment

Taylar Speaks

Sharing My Story to Reclaim My Life

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

%d bloggers like this: