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Showing posts with label Michael Kimerer. Show all posts
Showing posts with label Michael Kimerer. Show all posts

Monday, April 15, 2013

Cleaning the Bathroom - Jodi Arias Murder Trial

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Seated between two criminal defense attorneys on the one side and domestic violence/high conflict divorce attorney on the other side Sunday afternoon during the Jay Lawrence show on KTAR, a question occurred to me. (In case you don't know, I attend the trial in person. Follow my live tweets @CamilleKimball)

Is there a gender issue in the Jodi Arias case that doesn't relate so much to the sexual or dating aspects of the case but to something much more mundane?

Michael Kimmerer is roundly acknowledged in Arizona to be the top of his field, criminal defense. Dwane Cates is well-known to audiences of HLN and Nancy Grace. Both of these men argued in studio that Jodi Arias might get a Second Degree Murder conviction because of the rage displayed in the savage butchering of Travis Alexander. 

If the killing were so pre-meditated with the various steps such as acquiring gas cans, stealing a gun, dyeing her hair and turning the license plate upside down, then why didn't she do an easier job of it, the defense attorneys asked?  Why not shoot her target while he was sleeping or otherwise unawares in bed, leave the house quickly and not risk leaving any further evidence?  Why wait till he was conscious and alert in the shower, they asked, shaking their heads to signify it was a preposterous idea. 
Inside the KTAR studios. Jay, Mike, Dwane and me


 Arias left an actual cavalcade of physical evidence at the scene, including her own blood and prints not to mention the infamous camera.  This bonanza, the two defense attorneys argued, showed that she was in a disordered state of mind, a sudden passion which would disqualify her for First Degree. 

To me, though, it makes perfect sense that a premeditated murder would take place in the shower. We know for a fact that Jodi Arias did attempt to clean up the scene. After incapacitation, Travis's inert body was dragged into the shower. The bed was stripped and the bedclothes placed into the washing machine and the machine turned on. The knife was placed in the dishwasher. Why wouldn't it have been part of the pre-meditated plan all along that she could minimize the disarray by keeping the action confined to the bathroom? This plan would possibly delay discovery of the body as well as give her a chance to remove traces that she had been there. It may even have pleased her sensibilities to leave his home, in which she had served as maid once or twice, as neat as possible. A bit of a final "so there!" to her victim? 

Why then, the defense attorneys asked me, did she leave so much evidence there? 

I argued that she became overwhelmed. 

The attorneys joined by host Jay Lawrence all said in unison, that's second degree murder right there. 

But what I want to highlight is that couldn't she have become overwhelmed at the sheer mess not at the crime? 

While these highly experienced and educated fellows seemed to find it not credible that a person would commit a pre-meditated murder in the most dramatic fashion possible as opposed to the most efficient, the thought that the victim could be lured into the shower for ease of cleanup came to me instantly, years ago when the the murder first happened. 

Not all men, not even most men are oblivious to housework issues. And far from all women are tidy. But deep in our cultural DNA, can we admit there's a reason the spokesperson for Pine Sol is a woman and the models using the Swiffers are women, too?  Something in the smell of ammonia and bleach makes our XX chromosomes quiver just a bit the way Tim Allen tried to tell us a hardware store did for the Ys. 

I have no trouble picturing a mess so colossal that, even with so much at stake, a female killer would start with the easy stuff--strip the bed--then lose heart. We know she lingered at the scene for some time as it is. Doing the laundry, using Travis' phone to check his messages (and to call herself).  At some moment, she would have at last stood there looking at blood spatter on the walls and carpet, realizing she could only do a smeary job at best. She would have decided Plan B, abandon the scene with the door shut, would be a better use of her time. 

To me, a killer could easily want to Make Someone Pay. Simply taking the life efficiently would not be nearly as satisfying as making sure the target knew exactly who was killing him and why. Especially if, as defense witness Alyce LaViolette claimed, Jodi Arias felt Travis in the power position in their relationship. The scenario of a woman scorned who kills in revenge becomes much more satisfying to the killer if the target can see for himself for at least a few minutes just who is in the power position now. Each stab wound would have come with statements from the killer, letting the victim know how he had "earned" his fate. "This is for the time you x! And this one is for the time you y!"  Seeing the astonishment and fear in his eyes would be part of the pre-murder planning and relishing. Planning the statements would, too. Underestimating the amount of mess that would be left could easily have been part of that planning stage, too.

To the right of me in studio was domestic violence/high conflict divorce attorney Kaine Fischer. He described his clients as timid, frightened women with downcast eyes not the confident, smiling Jodi Arias we have all come to know. While not a criminal defense attorney, he seemed to me have a bit better grasp of female behavior and did not support Kimerer's and Cates' analysis of the bloody crime scene.
Leaning into my seat while I take the photo, Kaine Fischer surrounded by the same crew


Which leads me to the question, is it possible men in general may view the bathroom as an entirely different piece of evidence than women do? Or perhaps women watching the trial, who are themselves not killers, see more in the bathroom than is there? 

We are all guilty of viewing the evidence through our own mindsets. I just wonder if in this case there's a gender fault line that, at it's core, is about housekeeping?  Am I way out of bounds? Let me know your thoughts!







Wednesday, September 21, 2011

Why James Ray Mit. Hearing Stopped--Tom Kelly Situation

Arizona Attorney Tom Kelly, center. California Attorney Truc Do, barely visible
 Defendant James Ray, foreground


Don't you love it when an email begins, "Camille, I'm afraid you are wrong on this one?"  In this case, the email comes from acclaimed Arizona criminal defense attorney Michael Kimerer and he has, in the most gracious way possible, set me straight. In answer to a commenter's question about why the sudden illness of James Ray's Arizona attorney, Tom Kelly, should cause the whole mitigation hearing to collapse, Kimerer says it really isn't about needing the presence of a member of the Arizona Bar, as long as the paperwork is in order:
It is true that an attorney licensed in another State who wants to handle a case in Arizona must associate local counsel through a Pro Hac Vice Petition, which has specific requirements including a Certification of Good Standing from the State where the attorney is licensed. Once that is approved the out of state attorney may act independently and there is no requirement that local counsel must be present at all proceedings. 
[emphasis added by me]

But it is not that simple. Law never is. But you knew that. Take a breath. Here we go.

First there is the slightly sticky wicket that Tom Kelly, as Arizona counsel, would have taken on the burden to be answerable to Arizona authorities for the actions of the California contingent, whether he was present to keep an eye on them or not:
However, Local Counsel by agreeing to be local counsel is on the ”hook” should the out of state attorney not perform properly or abandon the client. Usually, there is an agreement between the Local Counsel and the Out of State Counsel defining their responsibilities in a particular case.
 So, if your law license or pesky fines are at risk, it might make one a tad nervous to let a gaggle of exuberant out-of-state lawyers run amok in your hometown courtroom.  Then there's that business of the team of lawyers divvying up the chores, or "defining their responsibilities."  That, I suspect, is where most of the answer in this week's turn of events lies. But, as Mr. Kimerer points out, none of us knows "what the agreement was in the Ray case."  Nor will we ever. None of us really cares anyway. But just knowing such an agreement exists, helps us understand why the mitigation hearing was called off when Tom Kelly couldn't show:
Even if lead counsel objects to going forward without Tom Kelly’s presence, the Court has the discretion to require him to proceed. If it is brought to the Court’s attention that Tom Kelly was prepared to handle a particular aspect of the mitigation (and Lead Counsel was unprepared to do so) it might be a good reason to ask for a continuance.
I think that last sentence that is the one I would put my money on. If Luis Li, Truc Do and the rest of the crew were not the ones who'd been studying up on these witnesses and this particular procedure, Darrow could reasonably conclude it would be an insult to justice to leave a defendant at the mercy of lawyers making it up on the fly through no fault of their own.

Some following this trial have expressed suspicion about this turn of events,  fearing delaying tactics. Looks like Judge Darrow was even a bit irritable over it. Seems rather odd, though, unless there's some strategy that would make a delay worthwhile. Even Martha Stewart chose to serve her sentence, getting it out of the way rather than waste more of life in limbo. All I can do here is bring you the analysis of an expert as to what the forces at work here are: the law, the relationships between lawyers, and how lawyers work.

A very great thanks to Michael Kimerer, who has offered his considerable expertise to this site before. This is an excellent answer and will help the thousands of people feeling frustrated and angry this week to understand how the sweat lodge sentencing came to be put off. And thanks to Jeanne Barkemeijer de Wit for asking.  I certainly learned something and hope you all did, too.


Mr. Kimerer is not affiliated with nor has he participated in any aspect of the James Ray trial.  Learn more about him here.

Camille Kimball's books:





Monday, June 27, 2011

Casey Anthony Discussion on FaceBook

Please join me on Facebook! We are continuing our Casey Anthony conversation from last night's show on KTAR, including a wee apology from me for something I said on the radio.

We'd love to have you. There are many, many foreign visitors to this blog--would really like to hear how the Casey Anthony case is playing in...Senegal, Ukraine, Iran, the Netherlands, Latvia and all those other fabulously interesting places you all come from. Just click on that link and join in, my page is public. Or friend me and stay around after we move on to the sweat lodge trial (coming up tomorrow/I am attending the trial).

Here's my bad how-could-I-be-that-clumsy moment from last night: I flushed my phone after my visit to the KTAR studios! So all the charming photos I took at KTAR are currently, um, unavailable. If they are ever recovered, I will post them.

If you missed parts of the show last night, let me tell you that top tier defense attorney Michael Kimerer weighed in and sounded very much like even he would have a hard time keeping her out of jail. Michael Kimerer has handled some of the biggest cases you've heard of, including the Baby Gabriel case and the Debra Milke appeals. Hey, if Michael Kimerer thinks your defense is so much phooey, you got problems!

Come on Facebook and tell me what you think......

p.s. click on the tag and see my other posts about Debra Milke and the Swiss documentary in which I appear.

Friday, June 24, 2011

Talk About Casey Anthony Case on KTAR Sunday Night--Join Me!

Casey Anthony Trial Update: Casey's brother takes stand after Cindy Anthony testimony

You're following the Casey Anthony trial, right? Who isn't!? Witty and thoughtful Jay Lawrence from KTAR Radio is. He's planning an interesting show on Sunday night (7p Arizona time). I'll be there and so will top tier defense attorney Michael Kimerer. Maybe Kimerer will shed some light for us on the defense strategy. In my own career, I remember Kimerer as the first attorney to start talking abut the problem of false confessions. By now, we all know they are a very real problem. But he was way ahead of the curve on this. This guy is very sharp and very interesting.

The finest coverage on these big cases, in my opinion, always comes from local sources. That's because the hometown reporters see details and connections and context that the national guys swooping in don't. There's none better than the Orlando Sentinel in the Casey Anthony case. The Sentinel's Anthony Colarossi will be joining Jay on Sunday night, too!

I'll be bringing my perspective as one who writes true crime books and attends murder trials all the time.

PHOTO:Â Cindy Anthony testifies on day 26 of Casey Anthony's 1st-degree murder trial at the Orange County Courthouse in Orlando, Fla. on June 23, 2011.

Was Cindy really the one to do computer searches for "chloroform?" Why was Lee cut out of the birth of the family's first grandchild? What about those handcuffs and the stolen credit cards on the night Caylee was finally reported missing?

Please join us. I look forward to this more than anybody. I can't wait to hear Michael Kimerer's insights and Anthony Colarossi's observations!

No matter where you are in the world, you can listen in because KTAR streams live. Go to KTAR.com and look for the blue "LIVE-NewsTalk" play arrow just to the left and below the big red KTAR sign at the center top of the home page. Listen in! Call in! Or if you can't make it, leave some questions and comments here below!

That's the Jay Lawrence Show:
  • KTAR.com
  • Sunday night 7pm Arizona time
  • Defense attorney Michael Kimerer
  • Orlando Sentinel reporter Anthony Colarossi
  • True Crime Author Camille Kimball

7 pm Arizona time is 10 pm New York time.


Jay Lawrence Show on KTAR