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Nancy Grace Mysteries - Jodi Arias

Aired January 11, 2013 - 20:00   ET



UNIDENTIFIED MALE: He`s dead. He`s in his bedroom.



911 OPERATOR: OK. How did this happen. Do you have any idea?

JODI ARIAS, CHARGED WITH MURDER: I just can`t think of a single soul.

UNIDENTIFIED MALE: We have no idea. Everyone`s been wondering him for...


UNIDENTIFIED MALE: ... a few days.

911 OPERATOR: She said that there`s blood. So is it coming from his head? Did he...

UNIDENTIFIED MALE: It`s all over the place.

ARIAS: The evidence is very compelling.

UNIDENTIFIED MALE: I had an immediate suspicion that it was Jodi who had done this.

ARIAS: No, I had no part in it.

UNIDENTIFIED MALE: He actually had everything going for him.

UNIDENTIFIED MALE: He`s in his bedroom.



UNIDENTIFIED MALE: Was that a defensive wound?

UNIDENTIFIED MALE: Could be, yes, consistent with that.

UNIDENTIFIED MALE: Where is the body?

UNIDENTIFIED FEMALE: Would be -- from this vantage point, would be to your right.

UNIDENTIFIED FEMALE: (INAUDIBLE) 8 and 9, possible hairs and/or fibers.

ARIAS: I heard all kinds of rumors. They said there was a lot of blood.

UNIDENTIFIED FEMALE: Jodi was Travis`s dirty little secret.

UNIDENTIFIED MALE: Did that include, like, a sexual relationship with him?

ARIAS: Yes, it did.

The explanation for that will come out soon.


NANCY GRACE, HOST: It`s really hard to pick amongst so many bombshells in the courtroom this week in the Jodi Arias murder trial. I can`t really identify one big moment because there were so many big moments. But I would have to say the biggest headlines out of the courtroom this week were the fact within a couple of hours after Jodi Arias slits her long-time lover`s throat, that she`s literally climbing on top of another man.


UNIDENTIFIED MALE: The first episode of sexual interaction that you`d ever had with her?


UNIDENTIFIED MALE: You didn`t -- did you ever any sexual interaction in Oklahoma City?


UNIDENTIFIED MALE: And the kissing, about what time of the day was it?

UNIDENTIFIED MALE: Probably 3:00, 4:00 PM.

UNIDENTIFIED MALE: And she arrived at what time?

UNIDENTIFIED MALE: 10:00 or 11:00. 10:00 or 11:00.

UNIDENTIFIED MALE: So within five hours of arriving -- and you`d never seen her before -- this interaction is taking place.


UNIDENTIFIED MALE: And you said, Well -- you talked about cuddling. Do you remember that?


UNIDENTIFIED MALE: Does cuddling include her moving you around and getting on top of you and grinding on your pelvis?


UNIDENTIFIED MALE: Is that what you mean?

UNIDENTIFIED MALE: We never talked about that.

UNIDENTIFIED MALE: But is that what cuddling means?

UNIDENTIFIED MALE: Objection, your honor. Asked and answered (INAUDIBLE)

UNIDENTIFIED FEMALE: Overruled. You may answer.


UNIDENTIFIED MALE: What is cuddling?

UNIDENTIFIED MALE: I mean, just snuggling up to a movie.


GRACE: She finds a single Mormon man many, many hours away and drives to him and commences to make out with him literally within about 17 hours after she slices Travis Alexander ear to ear, stabs him 29 times, shoots him in the head, beats him, drags his body around, takes photos of the dead body and crime scene photos, does a cleanup, bathes the body with warm water.

I mean, how can you turn away? It`s like the most horrific car wreck you`ve ever seen along the side of the interstate.


ARIAS: I`ve been in the relationships before where the other guy wasn`t faithful, and there`s, like, a distinctive gut feeling that you just have and that I noticed because I`ve been in relationships where they were faithful, at least to my knowledge, they were totally faithful, and that feeling just isn`t there.

So I had this feeling with Travis, and I gently asked him about it. He got really upset and, like, he was, like, No, there`s nothing there. Don`t worry about it.

And I knew he was on his phone texting a lot, and I knew he was texting these girls. And I was, like -- I was, like, Well, what about your text messages? He says, Look, I can be flirtatious but there`s nothing going on. And I said OK.

So this was last year in June. And one day, he was taking a nap, and I felt -- this is (INAUDIBLE) this is one of the reasons we lost all of our trust. I just -- I shouldn`t have done this, but I grabbed his phone and I looked at his text messages. And I found -- there were tons of girls that I`d never heard of. And I knew that he knew a lot of people from the business, so I didn`t worry too much about it.

UNIDENTIFIED MALE: Seemed like she didn`t trust him. I don`t know if he was doing stuff with other girls besides flirting and talking to people. Yes, it seemed like the reason they broke up was because they didn`t trust each other.


GRACE: So you`ve got her literally climbing on top of another man a couple of hours after she slashes Travis Alexander`s neck.


UNIDENTIFIED MALE: Did this kissing continue or did it just stop at one kiss?

UNIDENTIFIED MALE: Eventually, we kissed probably many times. Every time we started kissing, it got a little more escalated.

UNIDENTIFIED MALE: And with regard to the physical contact beyond the kissing, was there any of that?

UNIDENTIFIED MALE: Clothes never came off. You know, at some point, she was kissing my neck. I was kissing hers. But clothes never came off.

UNIDENTIFIED MALE: How about your hands?

UNIDENTIFIED MALE: Yes, my hands were -- I never touched her breasts or anything like that. At one point, I had my hands on her thighs. She was -- you know, things were -- she just definitely seemed to be into the moment. And you know, eventually, we stopped.

UNIDENTIFIED MALE: Before you stopped, did your hands ever go near her vaginal area?


UNIDENTIFIED MALE: Did you have any moral or religious qualms against premarital sex.

UNIDENTIFIED MALE: I mean, Ironically, it was kind of -- I hadn`t actually attended an LDS church for probably over a year at that time. And she would often tell me how she felt about, you know, her religious beliefs, the book of Mormon, how she felt.

And I think that was kind of one of the big reasons why I didn`t want her to regret her trip when she came was because I certainly didn`t want her going home feeling like she regretted her trip or she made a huge mistake or that she let temptation take over.

And so, you know, that was one of the things that kind of made me stop, you know, when things were kind of getting a little heated between us. And so yes, it was more her expressing her religious beliefs and almost trying to bring me closer to God.


GRACE: To me -- and I don`t think a lot of people are going to agree with me on this. To me, one of the most horrific details that came out this week is the fact she sliced his throat with such force, with such venom, with such hatred that the knife goes all the way back to the spine, back to the neck bone.


UNIDENTIFIED MALE: What are we looking at here?

UNIDENTIFIED MALE: This is a side view of the neck wound. And it`s probably one of the better views to show how deep it goes.

UNIDENTIFIED MALE: And how deep is this one? What is it that was cut as this knife came through the...

UNIDENTIFIED MALE: The jugular vein and the carotid artery on the right side were both cut.

UNIDENTIFIED MALE: And looking at this, how deep is this wound we have here?

UNIDENTIFIED MALE: Goes all the way back to the spine. So it`s three inches, four inches.


GRACE: So you`ve got her climbing on top of her new boyfriend a couple hours after she slashes her other boyfriend to death. You`ve got a knife wound to the neck so deep that it goes all the way back to the neck bone.


UNIDENTIFIED MALE: How did he die?

UNIDENTIFIED MALE: Primarily blood loss.

UNIDENTIFIED MALE: And tell me how that works on the body in terms of the blood loss and what that does to the individual as he dies.

UNIDENTIFIED MALE: Well, after you lose blood, you lose the ability to provide oxygen to your major organs, including your brain and your heart. In this case, the first thing that would happen would be dizziness, followed by a loss of consciousness and then death.


GRACE: It leads to a lot of speculation, grounded in forensics, as to the scenario that unfolded, how she actually killed him.


UNIDENTIFIED MALE: Would blood come out of the mouth, ears or just out of the chest area?

UNIDENTIFIED MALE: It depends on what`s hit inside the body. If the lung was nicked, which is possible in this case because we`re dealing with a decomposed body, so the organs aren`t as pristine. They`re not as -- they don`t lend themselves to examination, as in a fresh individual.

But if the lung is nicked, they can cough up blood. If you have blood going into the throat area -- he does have, you know, throat injuries, as well, which we talked about -- all those can cause coughing up of blood or loss of blood out of the mouth.



GRACE: One other thing that I think is a headline. And again, I don`t know if many people will agree with me on this because a defense attorney will tell you that this does not a murderer make -- but her lies, her lies not necessarily about the murder itself but just lying about everything.

It reminds me so much of tot mom and Scott Peterson. It`s like they lied for no reason. They lied because they could, because they were breathing! They just lie. Their lips are moving, so they just lie.

She lied about her car tags. She lied about her whereabouts. She lied about her job. She lied about where she worked, what she did, her religion, her previous boyfriends, her relationships. Everything she lied about.

I think that is just so critical because under the law, under our centuries-old law, the jury is the sole decision maker when it comes to credibility.


UNIDENTIFIED MALE: What did you think about? I mean, the last time you had talked to him was what, Monday, or Wednesday? What was it?

ARIAS: I think it was Tuesday evening, I think, Tuesday night.

UNIDENTIFIED MALE: Yes. Did you think of, you know, what was going on? The last time you talked to him -- did you try to get ahold of him after that?

ARIAS: Yes. Yes, I did. I tried to get ahold of him. I called him Tuesday night. I called him subsequently and e-mailed him a couple times.


GRACE: Who says this is self-defense? Jodi Arias. She`s the only one that says that. No other person that knows Travis Alexander believes he would ever hurt a woman. She is the only one that says that.

Every lie that can be attributed to her damages, torpedoes her credibility. I ask you this. If she would lie about where she worked, that she worked at Margaritaville, you don`t think she would like to save her own skin? Think about it.


UNIDENTIFIED FEMALE: Jodi wanted nothing but to please Travis.

UNIDENTIFIED MALE: Jodi`s attorneys want the jury to believe she killed Travis in June 2008 in self-defense, that he abused her and she feared for her life when she attacked him in the shower in his Mesa, Arizona, home.


GRACE: We all watched testimony of new boyfriend Ryan Burns. I spoke to him in depth, and what struck me the most about him was his demeanor. He just seemed like a big teddy bear, a likable guy.


UNIDENTIFIED MALE: During the time that you and she are alone in the afternoon, did you notice her hands?


UNIDENTIFIED MALE: And did you notice whether or not she had any injuries or cuts to one of her hands?

UNIDENTIFIED MALE: She had two small bandages, it seems like, on one of her fingers, a couple of her fingers. She told me she worked at Margaritaville and she had cut her finger.

UNIDENTIFIED MALE: And how did she cut her finger at Margaritaville?

UNIDENTIFIED MALE: I think she told me she broke a glass and cut her finger.


GRACE: And what spoke to me was he really loved Travis Alexander. In fact, he told me point-blank that the murder victim in this case, Travis Alexander, changed his life, that he was ready to give up and quit his job and just wander until he heard Travis Alexander speak. And it turned him around. It motivated him. It, quote, "changed" his life.

It makes me think, it makes me connect the dots, that Travis Alexander was of the same ilk as Ryan, and I liked him. I liked him. And very often, juries will strain and contort in order to believe the one they like. This is a friend of Travis`s, and I really believe that that good will created by Ryan Burns will translate onto the murder victim in this case.

And that is so very important because a major, a key component in the defense case is to drag Travis Alexander through the mud in death. They`ve already killed him. He`s dead. We`ve all seen the shower stall photos of his decomposing body in a damp shower stall. What can they kill now? Let`s see. His reputation.

So they are painting him out as everything from a woman beater to a sex deviant to a dishonorable cad that cheats on a girlfriend. I would venture to speculate none of those are true.

Also, Ryan Burns told the jury point-blank that Jodi Arias was literally adjusting him, moving him over on the sofa so she could crawl on top of him and straddle him.


UNIDENTIFIED MALE: I complimented her on being very feisty, and I was kind of referring to (INAUDIBLE)

UNIDENTIFIED MALE: During this encounter when -- after you wake up, did she ever -- and the phrase may have been "adjust" you in any way while this encounter is going on?

UNIDENTIFIED MALE: Well, that`s what I mean. When we woke up, we were kissing. And then she eventually kind of grabbed me and adjusted me a little bit. That`s when she got on top of me (INAUDIBLE)

UNIDENTIFIED MALE: And that -- were you able to feel her strength at that point?


UNIDENTIFIED MALE: And did you form an opinion, again, throughout the day as part of that as to her strength?

UNIDENTIFIED MALE: Yes, she`s strong.


GRACE: A couple of hours after she sliced Travis Alexander ear to ear. Now, that`s something to stew on.


GRACE: Jodi Arias`s behavior, as described by Ryan Burns, is not the demeanor or the behavior of a woman who just killed in self-defense. As a matter of fact, she even left messages on Travis Alexander`s voicemail regarding cashing a check she had written to him. I mean, she knows he`s dead.


UNIDENTIFIED MALE: Is there anything else that you can remember, or think of, or any theories or anything that can help us?

ARIAS: I just -- I just don`t know. Travis was a friend to everybody. And you know, even when things were bad between us, he was always -- he would give his last -- he would give his last dollar, his last whatever. He was selling me his BMW. I was supposed to e-mail...

UNIDENTIFIED MALE: Yes, you mentioned that. You kind of burned it out or something?

ARIAS: (INAUDIBLE) found my check in his house.

UNIDENTIFIED MALE: Oh, yes, a check that you gave him for payment.

ARIAS: Yes. I guess, like, I -- this is so dumb. Like, it seems so unimportant, but I guess I need to know if that check is going to be deposited any time soon.



UNIDENTIFIED MALE: ... can`t be deposited, so...


GRACE: And she`s leaving this voicemail. If a woman killed in self- defense, I would think that they would pick up the phone and call 911. Why didn`t she? I don`t understand that.

But going straight to Ryan Burns`s home to egg him on sexually, and then go out with him and his friends, within a few days, going out with Travis Alexander`s friends and yukking it up and going out to dinner, that is not the behavior, in my mind, of someone who just took another life in self-defense. No.


UNIDENTIFIED MALE: Some people had some unpleasant stuff to say about you. And I don`t know why. I mean, I talked to you and you seem like a good person. And you know, (INAUDIBLE) you saying that you were kind of obsessive after the breakup and things like that. What was going on to make them think that?

ARIAS: The only thing I can think of, and I realize that, is because I was at his house a lot. But I didn`t go to his house unless I was invited over, unless (INAUDIBLE) over. He would send me text messages late at night, saying, Hey, I`m getting sleepy, dot, dot, dot (INAUDIBLE) dot, dot, dot. And that was, like -- that became, like, my cue, that seemed like a code word for, I`m falling asleep. You can come over now and (INAUDIBLE) and wake me up (INAUDIBLE) and so that would happen a lot.


GRACE: Ryan Burns, the new boyfriend, detailed very carefully for the jury the story that Jodi Arias gave him as to why she was about 24 hours late arriving at his home. She said everything from, I got lost, I went to sleep, I took the wrong exit. Well, if you look at the map, it`s a straight shot down the interstate from where she said she was to Ryan`s home. So how do you get lost? I don`t understand that.


UNIDENTIFIED MALE: During this interlude that you are having, what was her demeanor? Was she upset? Was she happy? What was her demeanor?

UNIDENTIFIED MALE: I mean, it just seemed like the person I`d been talking on the phone, just meeting her in person. I never -- there was never a moment where it felt awkward or anything like that.

UNIDENTIFIED MALE: What was her demeanor like? Was she crying at any time? Was she upset at any time? What was her demeanor like?

UNIDENTIFIED MALE: I mean, the only time -- I mean, she was fine. She was laughing about simple little things, just like any other person.


GRACE: Everything she said didn`t make sense. If he had analyzed it then, he would have seen that. But he did not. We, of course, in retrospect can see that that, too, was a lie.



ARIAS: Well, I spent a lot of time at his house. But because it`s more than just that kind of DNA, there is an explanation for all of that. And that will all be made known very soon. Again, it doesn`t prove that I committed a murder, and I didn`t commit a murder.

I didn`t hurt Travis. I would never hurt Travis, would never harm him physically. I may have hurt him emotionally, and I`ll always regret that. But you know, the explanation for that will all come out soon.

Don`t roll the tape yet!

UNIDENTIFIED MALE: Jodi Arias goes back to court today.

UNIDENTIFIED MALE: You can have cuts to the back of the forearm, and it`s consistent with someone trying to either grab the knife or fend off injury.

UNIDENTIFIED FEMALE: That is a possible shoe impression that was found on the tile floor in the bathroom.

UNIDENTIFIED MALE: Can you tell with regard to the gunshot wound to the right temple whether or not he was alive or not at that point?

UNIDENTIFIED MALE: I don`t see hemorrhaging in the brain.

UNIDENTIFIED MALE: If we don`t see hemorrhaging or bleeding, is that an indication the person was already dead?

UNIDENTIFIED MALE: It may have been.

ARIAS: My name`s Jodi.

UNIDENTIFIED MALE: (INAUDIBLE) start pointing fingers in your direction right away.

ARIAS: I don`t know. Maybe I`m -- because I`m the ex-girlfriend. We had lots of fights.

UNIDENTIFIED MALE: How did he die?

UNIDENTIFIED MALE: Primarily blood loss.


GRACE: Playing back Jodi Arias`s police tapes, the interrogations, is really a double-edged sword, and I`ll tell you why. It clearly shows that she changed her story. Hearing her give her answers in her own voice is compelling when you know that everything she says is a lie and she just does it so well, so easily.

Only one problem, and that is, if they are forced to put in all of the interrogation tapes, all of her statements, where she gets to put forth to the jury self-defense -- the problem with that, then she won`t have to take the stand. So I would be very careful before I put in that statement to the jury.


ARIAS: But what bothered me was there were -- not only were some flirtations like I had suspected and which bothered me, but it wasn`t necessarily a crime, but there were plenty of -- there were, like, plans, like -- things like, Well, Where do you want to meet? Oh, I don`t know. Wherever`s the best place for -- where`s the best place for us to make out in.

And I was, like, What? Oh, my gosh! You know, we`d been dating for a few months at this point, and he always said, Well, we`re not dating anybody else. And to him, that was, I think, reasonable enough because I think in his mind, he was making out with other girls, but he wasn`t dating them was OK.

The only reason I think that`s true is because of what we continued to do, like, you know, (INAUDIBLE) and I didn`t realize that, either. So I confronted him about it.

Actually, I didn`t confront him at first. I should have been an adult and confronted him, but I held it in for a few weeks, and then it all came out. That`s when we broke up. And so I just realized that I don`t -- I didn`t feel like I could trust him fully to be monogamous, and I don`t think he couldn`t trust me fully to not to get back in his phone someday and I`d try to find something out.


GRACE: The medical examiner, or coroner as he is called in many jurisdictions -- the ME`s testimony I believe was one of the stars of the trial because we see, based on blood marks, palm prints, blood dragging marks, blood spatter marks and blood transfer marks, we can pretty much nail down the order in which Travis Alexander was attacked.

And you can`t do that without the medical examiner laying out the wounds to the body and how he or she thinks it went down and there is forensic evidence from the body itself that backs up that timeline.

That`s very, very important in a death penalty case, where the state is trying to show aggravating circumstances, such as after you stab someone 29 times, you then shoot them, or vice versa. To me, it`s both heinous, which is an aggravating circumstance. So no one can make out those facts, other than the medical examiner who processed the body.


UNIDENTIFIED MALE: Can you tell with regard to the gunshot wound to the right temple whether or not he was alive or not at that point?

UNIDENTIFIED MALE: Again, there`s a wound going through the head, and I don`t see hemorrhage in the brain. I can`t see a wound track through the brain. So all I know is that there`s a bullet going through the brain. So I can`t say with certainty.

UNIDENTIFIED MALE: And if we don`t see hemorrhaging or bleeding, as you talked about, is that an indication that the person was already dead.

UNIDENTIFIED MALE: He may have been, yes.


GRACE: The fact that Jodi Arias`s left palm print was found at the scene of the crime places her there at the time of the murder because it`s not as if she was there shortly before the murder. It`s not as if she came in and happened upon the body and ran out.

She was handling the body. She was touching the body in order for her hand to get completely soaked in blood -- literally blood on her hands. Not only is it powerful evidence figuratively, metaphorically, but practically speaking, it places her there at the time (INAUDIBLE)


UNIDENTIFIED MALE: Do you have an estimate or is there any science out there that tells you, Well, this type of wound, given what I know about it, would take X amount of time?

UNIDENTIFIED MALE: No. It depends on so many factors. It depends on the person`s health. It depends on the care that they receive. It depends on their blood volume to begin with and the position of their body.


GRACE: None of the evidence so far has suggested self-defense. And I think the most telling wounds are going to be the nine stab wounds to the back.

Anybody that knows anything about our legal system knows that shooting somebody in the back or stabbing them in the back is not self-defense. You must, under the law, truly believe that you are in fear for your life or serious bodily injury. Stabbing somebody in the back clearly shows you`re not being attacked. You are the aggressor. Nothing, nothing that has been brought out by the medical examiner suggests self-defense.


UNIDENTIFIED FEMALE: I want to talk to you a little bit about the wounds on the back, OK? All in all, on the back there was nine wounds. Is that correct? No, no. I`m sorry in the upper back. Let me be more specific.

UNIDENTIFIED MALE: Yes, a cluster of nine stab wounds on the upper back.

UNIDENTIFIED FEMALE: And I think that`s what you called a grouping?


UNIDENTIFIED FEMALE: And they`re in between his shoulders, is that right?


UNIDENTIFIED FEMALE: And these wounds you`d consider very shallow, is that right?

UNIDENTIFIED MALE: They are shallow, yes.

UNIDENTIFIED FEMALE: If somebody were standing -- if the two people were standing facing each other and the person with the knife is reaching over the back, that`s going to have less force to it, wouldn`t it, than somebody who`s standing behind and being able to drive the knife right in without stopping.

UNIDENTIFIED MALE: Generally, I`d agree with that, yes.


GRACE: Police also -- very good police work, I might add -- found a cache of receipts. They were before the hours surrounding the murder and after the hours surrounding the murder.


UNIDENTIFIED MALE: Take a look at exhibit 237.004. And this is to Valero, right?


UNIDENTIFIED MALE: What is the date on that one?

UNIDENTIFIED MALE: June 2nd, 2008.



UNIDENTIFIED MALE: What kind of card was used?


UNIDENTIFIED MALE: What are the last four digits?


UNIDENTIFIED MALE: And it also has a name here, right?


UNIDENTIFIED MALE: What`s the name?



GRACE: It shows that she very carefully did not spend money, use credit cards, get any receipts placing her near or at the murder scene. It`s very cunning.



911 OPERATOR: OK. Now I need to let the officers know what they`re walking into...


911 OPERATOR: ... so can you tell me where the blood is coming from?

UNIDENTIFIED MALE: I don`t know. I saw him curled up in the -- he`s -- he`s curled up in the shower, and that`s all I saw. I turned away.


GRACE: I think the most difficult point for the defense this week was two-fold. When Ryan Burns testified that she was literally climbing on top of him to egg him on sexually within hours after slashing Travis Alexander`s throat, and the ferocity of the crime, the wound so deep to his neck, it literally went all the way back to the spine.


UNIDENTIFIED MALE: Taken together, all the views of the back and head could have been fatal from bleeding over time. The most significant wounds are going to be the neck wound, which we haven`t talked about yet, the stab wound that penetrates the heart (INAUDIBLE) heart, and also the gunshot wound, which we also haven`t discussed.

This is another stab wound of the back part of the skull behind the ear. So there`s bone underneath there. It goes down into that bony area and also goes into the muscle (INAUDIBLE) side of the head (INAUDIBLE)

UNIDENTIFIED MALE: And we`re looking at 201. How big is that one?

UNIDENTIFIED MALE: One-and-one-quarter inch.


GRACE: Many court watchers and legal eagles believe that Jodi Arias will have to take the stand to establish self-defense. No one can testify to that but her.

I`m wondering if the defense can get it in through other statements that she has made, for instance, to news outlets, media. The state has brought in some of those. Now, the state is using that evidence to show that there were three different stories she gave, but the defense can latch onto that, use the story of self-defense to their benefit to avoid her having to take the stand.

She would be crucified on cross-exam, crucified, sliced up like a Thanksgiving turkey.


UNIDENTIFIED MALE: ... or when you had contact with him or the last time you talked to him.

ARIAS: Yes, I think -- I know that I talked to him early Monday morning, which was -- I was just up late Sunday night, for example. And I probably talked to him, it may have been a good 45 minutes that morning. And we were talking about how he lived -- he had a conversation with another person about (INAUDIBLE) that was really a conversation (INAUDIBLE) talking a lot about what was said there. And I think we probably talked until about 4:00 in the morning, I think.


ARIAS: Yes, we were -- he was a night owl. I`m a night owl. And it wasn`t a really long conversation. We`ve had conversations that lasted hours and hours, but this one was probably only -- I want to say 45 minutes. It may have been longer. I guess I could check.


GRACE: We`ve seen a change of appearance in court, even in one day changing from powder blue to midnight black, now suddenly donning gold wire-rimmed glasses for a smart look.

I also see her -- any body language expert will tell you this -- literally hiding behind her long now dark hair. She looks like Cousin It, there`s really no other way to put it, when she puts all the hair down so the jury can`t see her face. Why? Why is she hiding from the evidence? To me, right there, that nonverbal behavior speaks volumes.

JANE VELEZ-MITCHELL, HOST, "ISSUES WITH JANE VELEZ-MITCHELL": Jodi Arias`s reaction to the autopsy photos was one of just theatrical grief. She`s sobbing. She`s convulsing. Interestingly enough, she`s hiding her head under her hair a lot of the time, I think from shame, I think from shame at seeing this being displayed before the world, her handiwork, as it were.

And sometimes, she would look for a second at the autopsy photos and then appear to recall, as if she was sort of snapping out of denial for one second and then going back into that world where she`s not really facing reality.


UNIDENTIFIED MALE: All right. So the last time you talked to him was like on Monday morning.

ARIAS: I`m sorry, I did talk to him on Tuesday night.

UNIDENTIFIED MALE: Oh, Tuesday night.

ARIAS: It was brief, though. Like, that was a matter of just a few minutes. It was (INAUDIBLE)

UNIDENTIFIED MALE: Do you know what time that was?

ARIAS: Oh, 10:00 o`clock, maybe.


ARIAS: Yes, I`d say 10:00 PM, or maybe 9:00 PM, 9:30, 10:00, 10:30, something around there. I guess I could go back and check.

UNIDENTIFIED MALE: About 9:00 to 10:00, anywhere (INAUDIBLE)

ARIAS: Somewhere between that -- yes, it was -- it was late. It was, like, kind of late. I mean, for us, that`s not late, but...

UNIDENTIFIED MALE: What was the purpose of that call?

ARIAS: Just calling to check in and say hey, and let him know -- just hi.


ARIAS: I was just calling people because I was bored. I was on the road.

UNIDENTIFIED MALE: Oh, so you were on the road at that time?

ARIAS: Yes. It was real brief. He was nice and cordial, but he was kind of acting like he had hurt feelings because (INAUDIBLE)

UNIDENTIFIED MALE: Did you kill Travis Alexander?

ARIAS: I absolutely did not kill Travis Alexander. I had nothing to do with his murder. I didn`t harm him in any way. I witnessed Travis being attacked by two other individuals.


ARIAS: I don`t know who they were. I couldn`t pick them out in a police lineup.

UNIDENTIFIED MALE: So what happened?

ARIAS: They came into his home and attacked us both. I`m not proud that I just left my friend there to be slaughtered at the hands of two other people. I`m not proud of that at all.




ARIAS: We hung out throughout the weekend, had a lot of fun, exchanged phone numbers. And it was one of those things where I didn`t expect him to call, but he called me the very next day, and so I was, like, Oh, hi.

And you know, he`s a good conversationalist. He just kept me engaged in conversation constantly, and you know, he wanted to know about me, and people like to talk about themselves, so you know, just one thing led to another and we became great friends.

GRACE: Beth Karas straight out of the courtroom. Beth, legal correspondent, "In Session." Whoa, what a day! But first, a motion for mistrial. The defense tries to get the case thrown out. What happened, Beth?

BETH KARAS, LEGAL CORRESPONDENT, "IN SESSION": Well, they lost the motion, that`s the bottom line. But they said it`s because there was contrary testimony from the lead detective at a hearing a couple of years ago regarding the aggravating factor of cruelty that would make this case a death case if the jury finds first degree.


UNIDENTIFIED MALE: And in that testimony, you were asked about the sequencing of injuries according to Dr. Horne (ph), is that correct?


UNIDENTIFIED MALE: OK. And you were asked, in terms of sequencing, which came first, which wound came first, correct?


UNIDENTIFIED MALE: OK. And do you recall what your answer was?

UNIDENTIFIED MALE: I answered that the gunshot was possibly first.

KARAS: And then saying that the sequence of shots -- the fatal wounds testified to in 2009 at this hearing is different from what the testimony was at the trial. At the hearing, the testimony -- and the judge found -- was that the shot to the head was first, but it didn`t render Travis Alexander unconscious. He could still fight. And there was a finding of probable cause of cruelty. That`s the aggravating factor.

Well, this judge said, Look, OK, now the testimony is the stab wound to the heart was the first fatal wound. That didn`t render him unconscious. He was able to keep fighting. He had defensive wounds. And the shot came later. I still find it was cruel. So I`m denying your motion. And besides, it`s kind of late for you to say that the theory has changed.

GRACE: Well, yes, Beth Karas, it`s my understanding that the defense interviewed the medical examiner, Dr. Horne, a year ago, around a year ago, so they went through the sequence with him then, regardless of what the police officer said.

And another thing, Beth, I`m not -- maybe I just can`t get my mind around the argument. They`re saying that it`s more cruel to, what, stab somebody, then shoot them, as opposed to shooting them and then stabbing them? Does it really matter? You say tomato, I say tomahto.

KARAS: Well, basically, yes. And the judge just said, Wait a second, he`s still alive for all of those stab wounds and defensive wounds or he wouldn`t have bled so much. His heart was still beating. So whether he was shot first or stabbed in the heart first -- because there were three major fatal wounds, stab to the heart, gunshot to the head and slash across the throat.

And the testimony at the trial was the gunshot had to come later because it went through his brain. The slash of the throat had to come later because he was dead within seconds after that. The stab to the heart was the first wound, and that`s why he fought because it didn`t kill him right away.

GRACE: Well, to me, it`s slicing hairs, which injury -- what I care about, Beth, is the sequence of events as to how he was killed. I think stabbing somebody 29 times, shooting them in the face, chipping their head, their skull, with a knife, cutting them ear to ear -- to me, it`s incredibly heinous regardless of which wound is first.

ARIAS: I know that I`m innocent. God knows I`m innocent. Travis knows I`m innocent. No jury is going to convict me.


ARIAS: Because I`m innocent.


GRACE: I have no doubt in my mind that Jodi Arias will be convicted of murder one.