Juan Martinez: A Prosecutor's Success

by Women In Crime Ink

As the jury determines in the next few days whether convicted killer Jodi Arias should serve life in prison or get the death penalty, we thought we'd take a look back at this sensational case and voice our opinions on what went right.

If you've followed the case, you know that after a four-month trial, 32-year-old Arias was convicted of killing ex-boyfriend Travis Alexander in his Phoenix townhouse. It was a particularly grizzly murder, with Arias stabbing Alexander 29 times, most of which were in the back, slitting his throat, and shooting him once in the head. Alexander, 30, didn't stand a chance.

While the final phase of the trial -- the sentencing -- winds down, this seems like the perfect time to take a look back and ask this question:

During the trial, what did Deputy District Attorney Juan Martinez do best to win a guilty verdict?

Here's what some of our WCI bloggers had to say:

Donna Pendergast: The facts in the Jodi Arias case speak for themselves. In terms of a prosecution case, it doesn't get much better than this. Her story of self defense was negated by the physical evidence, her false statements and her manipulative testimony, which came across as very calculated.

Jurors are not stupid and they don't like to be played like they are. Although we have seen a few high-profile cases in the news where the verdict seemingly was inconsistent with the evidence, in most circumstances jurors try to do the right thing. They saw right through Jodi Arias and delivered a verdict consistent with the overwhelming evidence. As a prosecutor, I think that Juan Martinez overdid the histrionics, but I can't quarrel with success.

Gina Simmons: Jurors had a chance to witness Jodi Arias lie frequently and with incredible detail over a long period of time. Psychopaths can create detailed pictures with their lies. These self-serving pictures can appear so convincing that jurors might find it hard to believe that they were completely created from imagination. Jurors got a close-up view of a pathological liar. Psychologically, this close-up view might make it difficult for some jurors to give her the death penalty. 

Robin Sax: If this case shows anything at all it's that the public (even post-OJ) has an insatiable appetite for a good crime story. This had it all: Sex, lies, photos, and a frighteningly smart narcissistic defendant. While Juan Martinez was certainly passionate, he did not make the same mistakes many high-profile prosecutors have made in the past, and that is he didn't drink his own Kool Aid. He spent the time proving each element, painting a picture, and presenting a strong case. Of course, Jodi helped with unbelievable lies, horrific evidence and narcissism that spoke volumes.

Katherine Scardino: As a defense attorney, I agree that this was a dream case for the prosecution. I would have handled her defense in a much more realistic manner. First of all, she would never have spent a minute on the stand much less 19 days. Bad lawyering for her. But seems like Guilty verdict is the right one.

Cathy Scott: The interesting thing in this case was how Martinez brought the pieces of the puzzle together for the jury in his closing. Some things he brought out didn't make sense during the trial, at least to me, until he laid it all out in the end. It was brilliant, and it worked.

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Denial: The Perpetrator’s Evil Accomplice

by Dr. Gina Simmons

"I think my husband is sexually abusing our baby," a counseling client confided. The young mother reported disturbing observations, including: mysterious abrasions on her daughter’s rear end, the child screaming every time the dad approached, and, the kicker, "I saw him naked with an erection in the baby’s room last night!" I told her I needed to file a child abuse report. She agreed to a safety plan to protect her baby.

The next day an investigator called me to discuss the case. I repeated what the mother had told me, including more details than reported here. "She told me you exaggerated what she said," the detective told me. "She denies ever telling you she thought her husband was abusing the child." As we talked, the detective described the mother as "cagey, guarded, and highly protective of her husband." The detective stated, “Unfortunately, it is our policy not to pursue these cases when the only witness recants. Unless you have other evidence, there’s nothing I can do."

The mother never returned my phone calls. Several months later, I ran into her in a public place. As is my practice, I don’t talk to clients in public unless they choose to speak to me. This protects their privacy. She approached me and said "Hello." I responded, "How are you?"

"My husband and I are great! Things have never been better," she said with a stiff, non-Duchenne smile.

Denial, the rejection of a truth too uncomfortable to accept, really sickens me. It keeps kids in abusive homes, allows pedophiles to serve communion, and enables killers to get away with murder. Sometimes denial serves a positive function. In a New York Times article, Benedict Carey describes how denial can allow us to idealize our loved ones by overlooking flaws and exaggerating strengths. This serves as a way to preserve family relationships, and it fosters loyalty and healthy attachment. Understanding and empathizing with our loved ones encourages forgiveness and domestic harmony.

Often a couple comes into therapy with what they call "communication problems." After 25 years of experience, I’ve learned that the problems often have nothing to do with communication and everything to do with denial. Many couples who reported "communication problems" in the first session eventually revealed their denial of problems like:

· Drug/alcohol addiction

· Family violence

· Extramarital affairs

· Child abuse

· Criminal activity

The real therapy doesn’t start until clients begin to tell the truth. Otherwise, the truth remains invisible under the haze of denial. Author Richard Bach writes: “The worst lies are the lies we tell ourselves. We live in denial of what we do, even what we think. We do this because we are afraid."

How do you know when you’re in denial?

· You are 5 feet tall and weigh 250 pounds (yes, you eat too much).

· Your friends and family hate the way your boy/girlfriend treats you (yes, s/he’s bad).

· Your friends and family fear for your safety (yes, your behavior is risky).

· You were arrested for DUI (yes, you have a drug/alcohol problem).

· Your son violates his probation (yes, he’s resumed his criminal activity).

As an anger management expert, I work to help people lower their levels of hostility and increase empathy for others. Empathy helps us understand and forgive. We can empathize with an abuser who suffered brutal treatment in childhood. Empathy for the abuser does not mean we should excuse abuse.

We teach people healthy ways to cope with strong, uncomfortable emotions so they don’t need to rely on denial to get through the day. But as any criminal profiler will tell you, many crimes of violence stem not from the heat of rage but from the cold calculations of a psychopath. And for every psychopath moving through the world looking for a victim, there’s a denying enabler looking the other way.

Photos courtesy of Google Images.

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Gina Simmons, Ph.D., is a licensed psychotherapist and consultant specializing in anger management and workplace violence prevention. She writes for the Manage Anger Daily blog.

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Welcome to Women in Crime Ink (WCI)

Looking for a fresh take on crime and media issues? Bookmark this page. Women in Crime Ink brings you a lineup of best-selling true-crime authors, award-winning print and broadcast journalists, crime novelists, a CNN anchor, television personalities, and criminal justice professionals—including a forensic artist, a criminal profiler, nationally renowned prosecutors, a high-profile criminal defense attorney, and a private investigator. From the West Coast to the Eastern Seaboard, we've got crime covered. In our "criminal careers" we have . . .

* written dozens of books on notorious killers

* investigated homicides and arrested offenders

* prosecuted and defended capital murder suspects

* lectured at universities, law schools, and the FBI

* spent time behind bars, with prisoners and as an inmate

* consulted as experts on high-profile murder cases

* sifted through crime scenes and attended autopsies

* pursued stories and justice at significant personal risk

* given a voice to victims permanently silenced

* safeguarded civil liberties

* secured death penalty convictions

* testified in murder trials and witnessed executions

We've seen just about everything.

Now, meet the Contributors of Women in Crime Ink:

Deborah Blum is a Pulitzer-prize winning science writer, a journalism professor at the University of Wisconsin, and the author of six books, the most recent, The Poisoner's Handbook, exploring Jazz Age New York City's murderous history. Kirkus calls it: “Caviar for true crime fans and science buffs alike.” From the cover: "a pair of forensic scientists began their trailblazing chemical detective work, fighting to end an era when untraceable poisons offered an easy path to the perfect crime."

Anne Bremner, as a trial attorney for 26 years, is a litigation shareholder in the Seattle law firm of Stafford Frey Cooper. She received her B.A. from California's Stanford University and a law degree from Seattle University. She’s a former deputy prosecutor at the King County Prosecutor's Office, specializing in sex crimes. Since entering private practice, Anne has represented police departments, private and public entities, priests and judges in civil and criminal trials. In addition, she is a fellow in the prestigious International Academy of Trial Lawyers, widely regarded as the most exclusive trial-lawyer group in the world, and a regular on CNN, HLN, Nancy Grace and Fox News.

Pat Brown is a renowned criminal profiler and 24/7 news fixture, with appearances on The Today Show, The CBS Early Show, HLN’s Nancy Grace and Issues with JaneVelez-Mitchell, Larry King and Joy Behar, FOX, MSNBC Prime News, Dr. Phil and others. The Discovery Channel, Court TV, and National Geographic feature Pat in documentaries and series. Pat is the author of Killing for Sport:Inside the Minds of Serial Killer. Her second book, The Profiler: My Life Hunting Serial Killers and Psychopaths was released in May 2010.

Andrea Campbell writes books about forensic science and law. She holds a criminal justice degree and is a forensic artist whose work includes sculpturally recreating victims’ facial features from skulls. She is Editor of Arkansas Identification News (an IAI group) and an American College of Forensic Examiners International Diplomat and Fellow.

Lisa R. Cohen is an Emmy award-winning television news magazine producer with over 20 years in network news, including ABC News PrimeTime Live and CBS News “60 Minutes.” She is also the author of After Etan: The Missing Child Case That Held America Captive. Cohen is an adjunct professor at Columbia University’s Graduate School of Journalism, and was a Princeton University Ferris Professor of Journalism.

Diane Dimond has reported for Court TV, EXTRA, and Hard Copy, and has hosted MSNBC’s “Missing Persons,” NPR’s “All Things Considered,” and co-hosted a show with Geraldo Rivera. The award-winning journalist and author of Be Careful Who You Love: Inside the Michael Jackson Case also writes for The Huffington Post and appears regularly on Entertainment Tonight.

Stacy Dittrich is an award-winning former police officer, and media consultant. A co-host of Justice Interrupted, she's appeared on Fox, The O’Reilly Factor, CNN, Geraldo at Large, The Nancy Grace Show, Issues with Jane Velez-Mitchell, and E! True Hollywood in Crime. The author of the CeeCee Gallagher detective series, Stacy's first true crime book is Murder Behind the Badge: True Stories of Cops Who Kill.

Dr. Lillian Glass earned her PhD in communication disorders from the University of Minnesota when she was just 24. One of the world’s foremost authorities in the human communications arena, she’s an accomplished body language expert, who educates her readers and viewers with entertaining yet compelling analysis of cases in the news. She’s a sought-after media expert for her unique perspective on the big cases behind the headlines. A prolific author, Dr. Glass's books include the bestselling Toxic People.

Dr. Michelle Golland is a clinical psychologist, writer, personal coach and television personality who's often called upon to talk about high-profile criminal cases.

Holly Hughes is a former Atlanta prosecutor turned defense attorney. She regularly appears as a commentator on national TV shows, including CNN.

Donna Pendergast is a career prosecutor specializing in homicides. She has tried 100 murder cases, boasts a 98-percent conviction rate, and put away the most prolific serial killer in U. S. history. Donna has appeared on 60 Minutes, The Montel Williams Show, Dateline NBC, True Hollywood Story, Cold Case Files, and other television and radio venues, featuring her serial and sexual homicide cases.

Robin Sax is a former prosecutor in Los Angeles, where she specialized in sex crimes against children for fifteen years. An author and legal analyst, she appears on Larry King Live, HNL Prime News and The Today Show. A co-founder of Justice Interrupted, a top-ranked radio show highlighting cases that haven't received media attention, Robin is a the author of "SaxFacts," a weekly digest/blog.

Katherine Scardino is a defense attorney who has handled 39 capital murder cases. She received the first Not Guilty verdict in 25 years for the State of Texas in a death penalty case, and recently received another acquittal in a capital trial. Katherine has appeared on Court TV, TODAY, Bill O’Reilly, MSNBC, and American Justice. She has several capital murder cases pending.

Michelle Sigona is a crime fighting victims' advocate who was a reporter for America's Most Wanted.

Dr. Gina Simmons, a licensed psychotherapist and consultant, is co-director of Schneider Family Services, a private firm specializing in anger and stress management and workplace conflict prevention. Gina is certified in Critical Incident Stress Debriefing and was part of the debriefing team following the 1992 General Dynamics Corp. shooting described in the book Ticking Bombs: Diffusing Violence in the Workplace. She provides consulting and training services, including for the FBI and City of San Diego. She has been featured in the New York Times, the Los Angeles Times and the San Diego Union-Tribune. She is editor and writer for the award-winning Manage Anger Daily blog.

Donna Weaver is an investigator for The Pat Brown Criminal Profiling Agency. She began her education and training after the disappearance and murder of her husband in 1983. Donna is an area director for the Bahamas and Caribbean Region for The Doe Network - International Center for Unidentified and Missing Persons.

Rachel Davis, WCI's editor, was born and raised in Houston, Texas. She has a BA in humanities, pre-law from the University of Houston - Clear Lake. She currently works for a criminal defense/family law attorney. She enjoys reading, writing, listening to music, and spending time with her family.

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