The Jodi Arias phone sex conversations played in court instigated vehement arguing between the prosecution and defense, and dominated much of the media's attention during the initial stage of the trial, and that was what we were allowed to see. With so much of the battle taking place in private quarters, many details were hidden from the public eye due to court order—until now, at least.
A 32-year-old aspiring photographer and waitress from California, Arias was found guilty of premeditated first-degree murder May 8 in the gruesome killing of her ex-boyfriend, 30-year-old Travis Alexander, in June 2008. Medical examiners found Arias stabbed Alexander nearly 30 times in the torso, heart, chest, and back, shot him in the face, and slit his throat from ear to ear with such intense force that it almost decapitated him, and all in under two minutes. Arias lied to various sources on numerous occasions about her involvement in Alexander's death, but eventually admitted to killing him, claiming she acted in self-defense.
Jurors agreed Arias had not acted in self-defense when she killed Alexander, but could not unanimously agree whether she should receive the death penalty or life in prison. With the jury at an impasse, judge Stephens dismissed jurors. Now, both the prosecution and defense are planning their next moves as Arias awaits her next court date, a status update hearing on July 16.
Earlier in June, The Arizona Republic acquired a transcript from the Jan. 31 hearing in the judge's closed chambers that brought the phone sex recording into evidence. During the private hearing, state's attorney Juan Martinez attempted to bar the recording from being introduced as evidence in the trial. Arguing that the conversation was nothing more than hearsay, Martinez claimed there was no way to verify that Arias was the woman speaking on the tape.
Martinez, who became notorious during court proceedings for his fierce, often intense style of prosecution, explained he preferred arguing in closed chambers because, "what I'm trying to avoid is having to squawk up like a Jack-in-the-box every five minutes [with objections]," said Martinez, according to the transcript.
"And rather than making a big fight out there, I guess, I'm wanting to make the big fight here," he added.
The phone sex tape played in court was recorded in May 2008, just one month before Alexander was murdered. Recorded by Arias mere weeks before the killing, the phone call showed Arias giggling and fawning over Alexander as he described his sexual fantasies.
"I'm going to tie you to a tree and put it in your a**," Alexander said on the tape.
"Oh my gosh, that is so debasing, I like it," responded Arias.
The defense used the tape in its portrayal of Alexander as a physically and emotionally abusive sadist with a "nearly predatory sex drive." But before it was introduced in court, Martinez argued to judge Sherry Stephens that there was nothing to prove Alexander had ever acted out the scenarios.
One of Arias' attorneys Jennifer Willmott explained to judge Stephens that the recording was crucial to the defense's case that the real Alexander was a far cry from the innocent, pious virgin the prosecution presented him as.
Arias' other lawyer Kirk Nurmi further argued that the tape related "to the abusive and exploitative relationship which is entirely relevant to not only her self-defense, but also anything that can give rise to sudden heat of passion," meaning second-degree murder, or manslaughter. An assertion the jury obviously had difficulty believing.
"They actually hear Travis' voice and Travis talking about the things he supposedly wouldn't know if he really was a virgin before he met Ms. Arias," claimed Willmott, according to the transcript.
"Again at a time when she is supposedly this crazy stalker person that he doesn't want around, he's having phone sex with her and talking about the things that he wishes to do," said Nurmi.
"He's not the aggressor, she is," argued Martinez.
Arias will next appear in court on July 16 when a decision about the trial's future is expected to be announced.
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