Huffpost Crime
David Lohr Headshot

Jodi Arias Trial: Defense Expert Tells Prosecutor He Needs 'A Time Out'

Posted: Updated:
JODI ARIAS TRIAL
Alyce LaViolette (left) and Jodi Arias in court Tuesday. (Photo via Pool Camera) | In Session -- Pool Camera
Print

The prosecutor in Jodi Arias' murder trial, unable to shake a defense expert's contention that Arias was a victim of domestic violence, lashed out at the expert on Tuesday. Domestic violence expert Alyce LaViolette told veteran prosecutor Juan Martinez he needed to "take a time out."

Martinez has repeatedly challenged LaViolette's opinion that Arias, 32, was physically and emotionally abused by her former boyfriend, slaying victim Travis Alexander, 30. The prosecutor again challenged the expert on Tuesday, heatedly suggesting Arias would lie to protect herself.

"If you were in my group, I would ask you take a time out Mr. Martinez," LaViolette said.

Martinez did not respond, and asked the judge to admonish LaViolette.

"Yes, ladies and gentlemen please disregard the witnesses’ last statement," Judge Sherry Stephens told jurors.

It's the second time LaViolette has made a snarky comment to the prosecutor since she took the witness stand seven days ago. The first came Thursday, when LaViolette asked suddenly, "Mr. Martinez are you angry at me?" prompting laughter from the gallery.

LaViolette's finding that Arias was battered challenges the prosecution's contention that Arias premeditated Alexander's slaying. The defense contends Arias, afraid for her life, acted in self-defense and did not plan to shoot Alexander in the head, stab him almost 30 times and cut his throat from ear to ear in his Mesa, Ariz., home in 2008. For the prosecution, proving Arias' intent is key to sustaining the first-degree murder charge. Arias, jealous of Alexander's interest in other women, attacked him in the bathroom of his home after the couple spent the afternoon having sex, according to the prosecution.

The back and forth between Martinez and LaViolette continued to get heated when he quested her about Arias' journal entries.

In a September 2007 journal entry about a trip with Alexander to the Grand Canyon, Arias wrote that the two fought. She said Alexander was largely responsible and later apologized.

Martinez asked LaViolette if her professional opinion of Arias would change if there was evidence the story Arias wrote in her journal was a lie. Martinez referred to earlier testimony by Alexander’s friend, Dan Freeman, that the argument began when Arias got upset that Freeman had removed items from her hiking bag to make it lighter before they went on the trip. LaViolette said that would not necessarily change her mind.

"Aren't you providing an excuse and siding with the defense?" Martinez asked.

"No, I'm not saying that. ... What I am saying is I like to look at the big picture," LaViolette said.

The trial is scheduled to resume at 12:30 p.m. Eastern time on Wednesday, when Martinez will continue his questioning of LaViolette.

TUESDAY'S LIVE BLOG:

live blog

Oldest Newest

The judge has called the evening recess. The trial will resume Wednesday at 12:30 p.m. Eastern time.

Share this:

Share this:

LaViolette is reviewing her notes on the case.

Share this:

The attorneys are at a sidebar with the judge.

Share this:

LaViolette is talking about the "Law of Attraction" and said no one has indicated whether Arias had a history of jealously.

Share this:

The attorneys are at a sidebar with the judge.

Share this:

In a Sept. 2007 journal entry about the Havasupai trip Arias wrote she got into a fight with Alexander and he was largely responsible for it and later apologized.

Martinez asked the witness if her opinion would change if there was evidence the story Arias wrote in her journal was a lie. She said it would not necessarily change her mind.

"Aren't you providing an excuse and siding with the defense again?" Martinez asked.

"No, I'm not saying that .. What I am saying is I like to look at the big picture," LaViolette said.

Share this:

Martinez is asking LaViolette about an entry in Arias journal about a trip Arias took with Alexander to Havasupai.

Share this:

LaViolette is reviewing pages from one of Arias' journals.

Share this:

Court is back in session. The attorneys are at a sidebar with the judge.

Share this:

The judge has called the afternoon recess. The live blog will continue when the trial resumes.

Share this:

"The words [in her journal] never indicated that he ever hit her, correct?" Martinez asked.

"Correct," LaViolette said.

Share this:

LaViolette said she never found anywhere in Arias' journals that Alexander had abused her.

Share this:

Martinez pointed out LaViolette wrote in her notes that she wanted to ask Arias if she used sex to calm Alexander down when he was angry -- something Arias would later testify to on the witness stand. Martinez suggested LaViolette put that suggestion in Arias' head. She denied doing so.

"I was basing it on information I had gotten from journals and other information ... because it appeared that was happening," LaViolette said.

Share this:

Martinez is having the witness review her notes on the case.

Share this:

Share this:

Martinez is asking LaViolette about the first time Arias had oral sex with Alexander. The witness said Arias told her she was uncomfortable when it happened. Martinez pointed out the sex tape does not seem to indicate Arias is uncomfortable about anything related to sexual behavior.

Share this:

Martinez is accusing the defense witness of being biased again.

Share this:

Martinez has been hammering the witness about her evaluation, prompting her to say: "If you were in my group I'd ask you to take a time out Mr. Martinez."

The judge admonished the witness for her statement and told the jury to disregard it.

Share this:

"Which is better this tape recorded conversation or a text message?" Martinez asked.

"I can't say which one is better," replied LaViolette.

Share this:

Share this:

Martinez pointed out that LaViolette formed her opinion on the case before she learned certain details, such as who made the phone sex recording.

Share this:

Share this:

Martinez pointed out LaViolette told him in a deposition that she thought Alexander had made the phone sex recording but then testified in court that Arias had made the recording.

Share this:

Martinez asked LaViolette about the phone sex recording of Arias and Alexander and she said she has listened to it.

Share this:

LaViolette said Arias told her she attempted anal sex with two ex-boyfriends before she met Alexander and she didn't like it.

Share this:

"Was the fact that you are old fashioned prevent you from talking with the defendant about instances of anal sex," Martinez asked.

"Yes, I asked her about anal sex," LaViolette replied.

Share this:

Martinez asked LaViolette if she has reviewed a recording of Arias' father saying she was unable to tell the truth after the age of 14. She said she did.

Share this:

Court is back in session. LaViolette is back on the witness stand for cross-examination by Martinez.

Share this:

The judge has called recess. The live blog will continue when the trial resumes at 4:30 p.m. Eastern time.

Share this:

Related on HuffPost:

Close
Jodi Arias Timeline
of
Share
Tweet
Advertisement
Share this
close
Current Slide

Suggest a correction

Around the Web

The State vs Jodi Arias ~ Travis Alexander murder trial | Facebook

Recap: Week 11 of Jodi Arias trial | HLNtv.com

Jodi Arias murder trial Pictures - CBS News

Jodi Arias Trial Live Stream & Updates: Autographed Manifesto to Prepare for ...

Dr. Phil Denies Paying Jodi Arias' Family