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JANE VELEZ-MITCHELL

Is Jodi Arias Lying on the Stand?

Aired February 8, 2013 - 19:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


JANE VELEZ-MITCHELL, HOST: Tonight, brand-new details in the Jodi Arias murder trial as Jodi testifies in graphic detail about her sexual relationship with Travis Alexander. Who is the mystery man sitting on Jodi`s side of the courtroom? And could a burglary be connected to this trial? Bizarre developments.

(BEGIN VIDEOTAPE)

VELEZ-MITCHELL (voice-over): Tonight, does Jodi Arias have a new boyfriend? And if so, how did she make the love connection from behind bars?

Is Jodi spinning a web of lies on the stand? She`s lied before, once claiming masked ninjas killed Travis. Is she at it again, selling her story of victimization to the jury? Tonight, we`ll show you two different versions of stories Jodi`s told on the witness stand. As the prosecution gears up to grill her on cross, will they set a trap for Jodi? We`ll debate it with our expert panel tonight.

JODI ARIAS, MURDER DEFENDANT: Kissing got more passionate, more intense, and then he spun me around. He bent me over the bed.

JUAN MARTINEZ, PROSECUTOR: She`s the one that did the stabbing. She`s the one that slit his throat. She`s the one that shot him.

ARIAS: Because I knew that it`s what he had been wanting for -- for a while. I trusted him.

JENNIFER WILLMOTT, JODI`S DEFENSE ATTORNEY: The more that Travis distanced himself from Jodi to his friends, the easier it was for him to keep control of her and to keep for his own sexual needs.

ARIAS: I kind of felt like a used piece of toilet paper.

UNIDENTIFIED FEMALE: Did Travis ever call you names?

UNIDENTIFIED FEMALE: No.

ARIAS: He called me a skank. Called me Pollyanna. He called me porn star.

KIRK NURMI, JODI`S DEFENSE ATTORNEY: Did he provide you with any Valentine`s gifts?

ARIAS: A shirt that he had been joking about getting me for some months. The pink shorts. There was some other thing beneath the shorts. They were boys` underwear. They were Spider-Man underwear.

(END VIDEOTAPE)

VELEZ-MITCHELL: Tonight, as Jodi Arias takes jurors step by X-rated step through her sexually-charged relationship with Travis Alexander, we`re learning she already has a new man in her life, visiting her behind bars and in the courtroom.

Also tonight, new reports that a detailed psychological profile of Jodi Arias was mysteriously stolen from a key prosecution witness. Is this just an eerie coincidence?

Good evening. I`m Jane Velez-Mitchell.

The beautiful 32-year-old photographer is accused of stabbing her boyfriend 29 times, slitting Travis Alexander`s throat ear to ear and shooting him in the face. Now she`s trying to prove she did all of that in self-defense.

Jodi has her supporters including this mystery man, Brian Carr. We`re learning he`s been in court almost every single day. He has listened, along with the jury, to Jodi`s triple-X-rated trail of Alexander baptizing her into the Mormon Church and then allegedly, according to Jodi, pressuring her into kinky sex just hours later.

We have to warn you this is graphic, but it`s what Jodi said in open court, and it`s central to the defense claim that Jodi was sexually degraded and abused by Travis Alexander.

(BEGIN VIDEO CLIP)

ARIAS: We were kissing, and I was in my church clothes. He was in his church clothes. The kissing got more passionate and more intense, and then he spun me around. He bent me over the bed. He began to have anal sex with me.

NURMI: Did you say anything? Did you tell him no?

ARIAS: No.

NURMI: Was it pleasurable for you physically?

ARIAS: That time it was painful.

(END VIDEO CLIP)

VELEZ-MITCHELL: And tonight, a very bizarre twist in this case involving a crucial rebuttal witness for the state. Take a look at this video from Arizona`s KSAZ. Reports are the home of a key prosecution psychologist who evaluated Jodi was burglarized, and a laptop with Jodi`s psychological profile allegedly stolen. We can`t independently confirm that, but if so, how might that impact this trial?

Could this witness testify about Jodi`s claim she was sexually degraded by Travis and that Jodi was planning to commit suicide when she bragged a jury would, quote, "never convict her." Listen to this.

(BEGIN VIDEO CLIP)

ARIAS: My plan was to commit suicide. So I was extremely confident that no jury would convict me, because I didn`t expect any of you to be here. I didn`t expect to be here. I was very confident that no juror would convict me, because I planned to be dead. Probably the most bitter words I`ll ever eat.

(END VIDEO CLIP)

VELEZ-MITCHELL: Straight out to Radar Online`s Alexis Tereszcuk with some breaking news. What do you know about this mysterious new man?

ALEXIS TERESZCUK, RADAR ONLINE: Jodi has what seems to be a new boyfriend. They met a few years ago online. He has been visiting her in jail for over a year now. They have frequent visits, and he says that they never talk about the sad things. They never talk about Travis Alexander and his murder. He says he keeps it light and upbeat, and he says that she is the sweetest, nicest person you will ever meet. He doesn`t understand - - he said if everybody could meet her they would know what he knows.

And he`s been talking about her testimony, and he says that she is embarrassed. All the graphic details, the testimony you`re playing, apparently she`s been so embarrassed that she`s been saying that in open court.

VELEZ-MITCHELL: Hmm. Fascinating stuff. And I have to say that our producer managed to reach this man, and he just told us minutes ago he claims that he has no romantic interest in Jodi Arias. He says they are very close friends. He said they met, as you said, Alexis, through social media, Facebook, when they realized they had mutual friends on Facebook. And he says he visits her weekly in jail. This is an absolutely fascinating development.

I`ve got to go to Jeff Gardere, clinical psychologist. My gosh, she reportedly has a way with men. There are mostly men on this jury. Now she`s got a guy who is very loyal. He`s not romantically involved with her, but he`s there in court and he`s visiting her, and he`s supporting her. What do you make of it?

JEFF GARDERE, CLINICAL PSYCHOLOGIST: Well, it speaks to me that this is yet another instance of seeing Jodi Arias with this personality disorder, dependent personality.

Here she is in the trial of her life, and now she`s involved in another relationship.

And let me just say this very quickly, Jane. This guy may not be intimate with her, but he`s listening to the details of her intimacy, every single detail of her intimacy with someone else. So in some ways, in a very twisted way, that`s an intimacy that he`s sharing with her.

VELEZ-MITCHELL: In other words, he`s listening to her talk about her having sex with Travis Alexander...

GARDERE: Exactly.

VELEZ-MITCHELL: And kinky sex indeed.

GARDERE: Yes.

VELEZ-MITCHELL: Now, here`s another bizarre twist. A key prosecution rebuttal witness`s home was robbed, and one of the items reportedly stolen was a laptop containing a secret psychological profile of Jodi Arias.

Take a look at this videotape. You can see police swarming the home here. This video from Arizona`s KSAZ.

I`ve got to go to Shanna Hogan, journalist and author of "Picture Perfect," a book on this case. Is this a wild coincidence? What could be on that profile?

Again, we couldn`t independently confirm details of the story, but my gosh, is it true that the state`s clinical psychologist who evaluated Jodi had her laptop stolen, with Jodi`s psychological profile on it? What are the potential implications, Shanna Hogan?

SHANNA HOGAN, JOURNALIST/AUTHOR (voice-over): Well, multiple reporting sources in Arizona are reporting the same thing, so it seems to be confirmed.

This is a critical prosecution witness. This is someone who evaluated Jodi in jail and put together a psychological profile that she kept on her computer.

We don`t know if the laptop was stolen as part of the case, if the person broke into the house to steal that evidence in the Jodi Arias case, or if the home was just burglarized and that was one of the things taken. We have no idea if there is a backup for this.

But this is a key rebuttal witness that will counteract all of the expert testimony that the defense is going put on saying that Jodi was a victim of domestic violence and had posttraumatic stress syndrome. So it`s very key in this case.

VELEZ-MITCHELL: Jean Casarez, so many odd things happening, and I know we haven`t been able to independently confirm anything about this burglary. But it seems that with these crazy, big cases you never know what`s going to happen next, and I can answer my question myself.

This huge case is like a runaway freight train, and this is par for the course of what happens in these crazy cases. I saw it with Casey Anthony, Michael Jackson child molestation, O.J. Simpson. Jean Casarez, it seems like it`s just getting a little crazy.

JEAN CASAREZ, TRUTV`S "IN SESSION": And it is too close for comfort, Jane. There`s something very mysterious and strange. And let`s just look at some possibilities, all right?

This laptop -- and we`re talking about Dr. Janeane Dimarte (ph), who is the psychologist, she will be the rebuttal psychologist for the prosecution, extremely important witness. Her report on her laptop, the prosecution would have it.

But what about her work notes? Her work notes. She doesn`t have to give those to anybody. Those are notes that she makes up from assessing Jodi Arias in person, as she has done. Maybe she was going to rely on them for trial. They`re in somebody`s hands, Jane. That`s a fact, if you believe that this burglary took place. And the video from FOX 10 basically confirms it, right? So somebody has notes that are personal to her, I bet, and that`s not good.

VELEZ-MITCHELL: Wow! Joey Jackson, Dana Swickle (ph). We`re going to debate the impact of that starting with Joey Jackson. I mean, again, these mega trials, something crazy always seems to happen and this is Exhibit A, this alleged burglary.

JOEY JACKSON ATTORNEY: Sure. I think, you know what, Jane? Ultimately, I think it doesn`t have an effect, and here`s why. Two quick reasons.

The first reason is, is that anything on that computer would have been given to the prosecutor, and the prosecutor, therefore, has an obligation to turn it over to the defense. So that`s information they`ll have.

The second reason is I don`t think experts will be that important in this case. Why? We know what the defense expert`s going to say. She was abused. She was manipulated. She was controlled. And the rebuttal prosecution expert is going to say the opposite. Therefore, they will cancel each other out.

There`s so much other independent information in this case that establishes guilt that I don`t think this is necessarily relevant.

VELEZ-MITCHELL: Well, you know, the first thing that occurred to me, Dana Swickle (ph), what if some of this stuff ends up on the Internet.

DANA SWICKLE (ph): I was just about to say that. I don`t understand how Joey could say that all of this is irrelevant. What all -- what if all of the information gets leaked? What if the psychiatrist`s notes get leaked and then -- and then it goes all over the Internet, all over the news? You could potentially have jurors who could see it by accident. They could be poisoned. It could lead to a mistrial. This is absolutely huge.

JACKSON: I don`t -- I don`t foresee or anticipate that this will lead to a mistrial because mistrials have to be material to her representation and the fact she`s getting a fair trial.

SWICKLE (ph): How could this not be material?

JACKSON: If we`re debating...

SWICKLE (ph): How could this not be material? Joey, wait a second. Wait a second. This is...

JACKSON: I`m trying to...

VELEZ-MITCHELL: Let him finish. Let him finish. And then we`ll give you a chance.

SWICKLE (ph): This is -- this is the state attorney`s key expert in this particular case, who was going to attack Jodi Arias and the defense expert. How could this not be more important?

If her notes are disclosed or anything that could get to the defense side or the expert or the witnesses or other witnesses or the jurors, this could be material.

JACKSON: All right.

SWICKLE (ph): And it could absolutely lead to a mistrial.

VELEZ-MITCHELL: Joey, ten seconds.

JACKSON: OK. Here`s the deal. The reality is, is that the jury is going hear this anyway. So to the extent that they`re going hear it anyway, how does it affect it? No. 2...

SWICKLE (ph): Not her notes. Not her notes.

JACKSON: ... the case is not going to live or die by the experts. It`s going to live and die by what she did to him on that very day, which was premeditated, controlled guilty.

SWICKLE (ph): This is a death penalty case, though.

VELEZ-MITCHELL: All right. We get -- we get the point, and I think you`re both making excellent points. I keep going back and forth, but it certainly is one thing I know for sure, bizarre.

More on the other side.

(BEGIN VIDEO CLIP)

ARIAS: He was next to me after the banquet. We sat down and ended up talking for a few more hours just about everything on the elevator.

He leaned in very close as if he wanted to kiss me, and he was licking his lips and he was staring at my lips. And he got right in my face. He licked his lips and said, "I wish you didn`t have a boyfriend."

NURMI: Did you kiss him?

ARIAS: No. He made it very obvious he wanted to kiss me, but he -- like, he was restraining himself.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

VELEZ-MITCHELL: Take a look at this man, reportedly one of Jodi Arias` biggest supporters. Radar Online breaking the story, but he says he`s not actually a boyfriend. He says there`s no romantic involvement, but he acknowledges he is there loyally supporting Jodi, that he met her through mutual Facebook friends, and he visits her on a weekly basis.

Now, Jean Casarez, I know you can`t comment on this, but you have sat in many courtrooms. And the jury is aware of the courtroom dynamics in the gallery, and they study people. They see that some people come in day after day, and it has an impact on them.

CASAREZ: Sure. And I study people, too, and I`ve seen this man. I`ve seen him right in the front row if this is who it is. It`s a man sitting next to the mother and the aunts. He`s coming front and center, really a part of the family. So I`ve wondered who that person is, and if that is the person you`re talking about, the jury can really have a very clear view of him.

VELEZ-MITCHELL: Yes. And I remember sitting in courtrooms where everybody is looking around. It`s almost like a cocktail party without cocktails. And you`re analyzing; you`re checking people out. You`re wondering what their role is.

CASAREZ: Sure.

VELEZ-MITCHELL: And it`s really fascinating stuff. And in a case like this it`s awkward, because you have basically two sides divided by victim and defendant. And this man, who`s circled there, on the defendant`s side.

Jodi has told us many times on the stand she is a big fan of movies. On closer inspection -- are you sitting down? -- could the way she killed Travis Alexander be a copy of a famous scene from the classic movie "Psycho?"

A blogger who is keeping close tabs on this trial thinks so. Watch for yourself. This from Paramount Pictures.

(BEGIN VIDEO CLIP)

JANET LEIGH, ACTRESS: Oh, no!

(END VIDEO CLIP)

VELEZ-MITCHELL: Look at these photos. Jodi took them of Travis Alexander just moments before she killed him. Do you see the parallels?

Somebody, this blogger, did freeze frames from the shower scene in the movie "Psycho" and contrasted them with these shots Jodi took of Travis moments before he was killed, and there are eerie similarities.

Copycat crimes do occur, Jeff Gardere, clinical psychologist. We know she loves movies.

GARDERE: Well, not only does she love movies, but we`ve talked about this before, Jane. This is a woman who has some sort of a personality disorder, a histrionic personality. So I wouldn`t be at all surprised --- it could be a bit of a stretch -- but I wouldn`t be at all surprised if this was a very symbolic way of taking revenge against Alexander, making it something that is more of an archetype from a movie to put an ending to this person and express her rage and seal it with -- with a bow.

VELEZ-MITCHELL: One of the biggest stunners -- speaking of movies, one of the biggest stunners of the week happened when Jodi told the jury about what was inside a package Travis sent her Valentine`s Day. There were chocolates, a shirt for Jodi that said "Travis Alexander`s"; pink shorts that said "Travis`" in the possessive; and on the bottom of it all, this. Listen to this.

(BEGIN VIDEO CLIP)

ARIAS: They were boys` underwear. They were Spider-Man underwear.

(END VIDEO CLIP)

VELEZ-MITCHELL: All right. So, some may find that gift disturbing, OK? Boys` Spider-Man underwear. But could it have been a reference to a scene from "Charlie`s Angels," where Cameron Diaz`s character dances in similar underwear to the song, "Heaven Must Be an Angel"? Check this out from YouTube.

(BEGIN VIDEO CLIP)

(MUSIC: "HEAVEN MUST BE AN ANGEL")

(END VIDEO CLIP)

VELEZ-MITCHELL: Alexis Tereszcuk, entertainment editor, Radar Online. We do see often that life imitates art and art imitates life, and there have been many examples in real life where people got very sick ideas from the movies. But she may also be using the movies as an inspiration for some of the lies she`s telling.

TERESZCUK: Well, that`s the thing, is Jodi has come up with so many lies with the police. She originally said she wasn`t there, and then the next one was two ninjas broke in? I don`t know that she has a lot of experience in her personal life with ninjas, so that probably came from the movies, too.

And you`re exactly right about the underwear. This is the cutest scene with Cameron Diaz. And then Travis, it seems he thought it was cute for his super-sexy girlfriend, because Jodi is tiny; she`s beautiful. And that would have been something he probably definitely enjoyed seeing her in, so you`re exactly right.

VELEZ-MITCHELL: And now she`s trying to use it to paint a portrait of this victim as a pervert. So what he sent her boys` Spider-Man underwear? A lot of girls wear boxers around the house. I wear boxers around the house. They`re comfortable.

More on the other side.

(BEGIN VIDEO CLIP)

ARIAS: Beneath that was a shirt that he had been joking about getting me for some months.

NURMI: Can you describe the shirt for us?

ARIAS: Yes. It`s the one that was in the pictures that said "Travis Alexander`s."

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

ARIAS: Felt an attraction to him. It wasn`t anything defined. We were sort of seeing each other.

He wasn`t treating me bad. He just seemed checked out, kind of distant. Primarily physical. I kind of felt like a prostitute, sort of. I felt a little bit used, but I knew I`d gone there on my own, willingly.

He didn`t return my call. I called him one more time. I sent him a text message, and he didn`t still return my call. And I still called him and I made those three attempts.

(END VIDEO CLIP)

VELEZ-MITCHELL: Jodi told the jury about an instance where she and Travis were looking at that famous Body World exhibit, something she says she found fascinating.

(BEGIN VIDEO CLIP)

ARIAS: We`d been looking at the Body World Museum. And we were looking at all these different -- I don`t know if you`re familiar with it, but all these different body parts and it`s fascinating, the human body and the structure and the organs and all that.

(END VIDEO CLIP)

VELEZ-MITCHELL: This video shows the kinds of exhibits Jodi was talking about. Look at that.

Many people, some religious groups have objected to these exhibits, because they showcase human remains. You`re looking at human remains. I actually went to see this exhibit and it`s fascinating, but it`s creepy. It`s eerie especially, I mean, what an odd thing for Jodi to be fascinated by considering she`s accused of slicing open and brutally murdering her ex- boyfriend.

Shanna Hogan, journalist and author of "Picture Perfect" on this case, you have studied this woman. Does that seem like just a coincidence or odd?

HOGAN: It certainly is odd that a woman who has come up any close to a body part and seeing a dead cadaver, was fascinated with seeing dead cadavers. I mean, clearly, there was a -- sort of a fascination with this, a macabre interest. She wanted to see the crime-scene photos after.

And also in court you see her peeking through her fingers and looking at the crime scene photos so she certainly has an interest in the macabre which plays into her interest in witchcraft, as well. You`re looking at crime scene photos and they look similar to the Body World exhibit. I mean, it`s eerie. It`s creepy.

And I`ve got to go back to Jeff Gardere. I mean, is that just a coincidence?

GARDERE: Well, it could be a coincidence, but when you put all of this information together, looking at the photographs, of course, what she`s being accused of, and then this body exhibit situation, sometimes too many things can`t be a coincidence. It becomes a pattern and certainly something that we need to pay attention to, because it can be part of a much bigger picture.

VELEZ-MITCHELL: All right. Well, what we`re going do on the other side of the break is analyze phone sex. We are going to hear phone sex next week, it`s believed.

It`s believed that Jodi Arias recorded phone calls between Travis Alexander and herself that are extremely sexually graphic and kinky, and they`re going to play them in court to try to paint this picture of her as a sexually degraded, emotionally and sexually abused woman. But why did she record those phone calls in the first place?

(BEGIN VIDEO CLIP)

ARIAS: He called me a skank. He called me Pollyanna. He called me porn star.

NURMI: Was he treating you as a girlfriend in front of these people and not in front of -- in front of others? Is that what you`re telling us?

ARIAS: Yes.

NURMI: Did he introduce you to them as -- as his girlfriend?

ARIAS: No. I was kind of just a friend, and I didn`t feel very good.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

JODI ARIAS, ON TRIAL FOR MURDER OF TRAVIS ALEXANDER: The temptation got the better of me so I clicked on an email. I didn`t feel very good; I kind of felt like a used piece of toilet paper.

UNIDENTIFIED MALE: A used piece of toilet paper. You never told him that.

ARIAS: No, I wouldn`t have told him that.

UNIDENTIFIED MALE: Why not.

ARIAS: I don`t think that would have made him feel very good.

UNIDENTIFIED MALE: Did you ever express your feelings to him?

ARIAS: No.

UNIDENTIFIED MALE: What was that?

ARIAS: No. I didn`t want to make him feel bad. I didn`t want to do anything that would maybe displease him.

UNIDENTIFIED MALE: Did you ever think I`m done with this guy?

ARIAS: I wasn`t thinking of writing him off. I developed feelings for him. I was excited to see him because I liked him. I kind of felt stupid I was like, what is he going to think if I`m showing up at his house at 3:00 in the morning.

UNIDENTIFIED MALE: Why not just break up with him?

ARIAS: I liked him so I wasn`t going to break up with him.

(END VIDEO CLIP)

VELEZ-MITCHELL: Tonight, bizarre and blockbuster developments in the Jodi Arias trial. KSAZ an Arizona TV station reporting that a key witness for the prosecution, a psychologist who evaluated Jodi Arias suffered a break-in and guess what was taken -- her laptop which purportedly contained notes on her analysis of Jodi Arias. Could this be something, if true -- we can`t independently confirm it -- that could throw a wrench into the whole case?

Then another breaking story: RadarOnline reporting that Jodi Arias has a new man in her life and he has been in the courtroom and as we go out to Alexis Tereszcuk, you see the man highlighted there in the courtroom. Alexis, what do you know?

ALEXIS TERESZCUK, RADARONLINE: This man Brian Carr has been visiting Jodi weekly for a year. And in fact, he`s absolutely enamored with her. He says that she`s so nice, the sweetest person. If everybody got to know her they wouldn`t see anything.

He says they never discussed the details of the trial is the first thing he says. But then he does reveal that they have spoken about her very, very graphic sexual testimony and that she is embarrassed and humiliated by it. He has not said anything about whether she regrets killing Travis at all. He just says they keep everything light and funny because that`s what she needs in this time behind bars is to have a good time. And so he`s providing that for her and he`s been in court basically every single day of this trial.

He says he`s not a boyfriend, but he`s definitely someone who is very important in her life.

VELEZ-MITCHELL: He`s very loyal to Jodi Arias and guess what; Monday, we are going to talk to this new man in Jodi Arias` life on our show. So please join us this coming Monday at 7:00 p.m. Eastern right here. We are going to talk to this man, who visits Jodi Arias on a weekly basis, and get his insights into Jodi Arias, her personality and what she`s going through right now. Unbelievable stuff.

I have to say, next week the prosecutor is probably going to start at some point during the week his cross-examination. We`ve already seen him get very aggressive with some witnesses. Check it out.

(BEGIN VIDEO CLIP)

JUAN MARTINEZ, PROSECUTOR: Isn`t it true, sir that you want to use this situation so that the limelight can be focused on you. That`s not my question to you, is it? I`m asking you who`s making the money, aren`t I?

Nothing here is to make the prosecutor happy, do you understand that? Why don`t you want to answer my question? You don`t get to ask the questions, I do. So when was the third time you met her?

(END VIDEO CLIP)

VELEZ-MITCHELL: What could prosecutor Juan Martinez grill Jodi about based on the testimony we`ve heard thus far? Well, how about the fact that she had anal sex before Travis with a previous boyfriend even though she`s claiming she was forced to do it by Travis. That she wasn`t forced to do anything. When she told Travis to stop, he did. That the boy`s Spider-Man underwear Travis allegedly sent her might have just been a gag gift.

That since day one she has never expressed her feelings to Travis so how could he have felt that he was doing something wrong when she never said hey, I don`t like what you`re doing. I don`t like the way you`re treating me.

Let`s debate it with our legal expert starting with Dana Swickle, a criminal defense attorney. What does this prosecutor need to do and can he even do it?

DANA SWICKLE, A CRIMINAL DEFENSE ATTORNEY: I think in this particular case he`s going need to try to rebut the fact that she is suffering from what one could say would be battered wife syndrome or a victim of domestic violence. And quite frankly, if he goes after her, which we all know that he`s going do that, but if he goes after her there needs to be a fine line because he may look like he`s an aggressor. And if there`s one juror on the stand that is sort of buying what she is saying and feels sorry for her and can relate to her as a victim of domestic violence he will then be portrayed as once again another male aggressor against her and I think it`s a very fine line that he has to walk.

I mean he`s going to have to do a lot to prove that she`s not a victim of domestic violence. You know, when you talk about those things and you say that she never told him anything throughout the year; that she didn`t like it and then you have this psychologist on earlier who`s saying she has a dependent personality with this new man in her life. Those are symptoms of victims of domestic violence and she`s just proving little bit by bit that she could actually be a victim of domestic violence.

VELEZ-MITCHELL: All right. Dana, good argument. Joey Jackson, your turn.

JOEY JACKSON, CRIMINAL DEFENSE ATTORNEY: Two points. The first point is that I think Juan Martinez can be aggressive with her, why? I think this jury wants accountability. This is not the victim here. This is the defendant and she`s the one who slashed someone, cut his throat and shot him. I think if she`s being evasive the jury wants to know why she did it.

SWICKLE: But Joey, she`s not being evasive.

JACKSON: The second issue --

SWICKLE: She hasn`t been evasive.

JACKSON: Yes she is. If she is what she`s testifying.

VELEZ-MITCHELL: All right. Dana, I`ll give you your chance. I`ll give you your rebuttal chance in a second.

SWICKLE: Ok.

VELEZ-MITCHELL: Go ahead, Joey. Joey, go.

JACKSON: The second issue is this. I think ultimately what happens is we`re hearing testimony about their love life. Where is the fear? When you talk about self-defense, you`re talking about someone in imminent fear. Give me testimony on how you feared him and how what he did in the past would come back therefore I needed to kill him.

Where is that? It`s absent. Therefore it speaks to her guilt.

VELEZ-MITCHELL: Dana?

SWICKLE: First of all, you know, when you talk about her not being or being evasive to everything, I don`t know how much more open this girl can be to the point where sometimes it`s even painful in listening to what she`s saying? I mean how do you get baptized?

JACKSON: If you believe it.

SWICKLE: How do you change -- but there are pictures of her. She got baptized. He was a Mormon and he got her to get baptized and it wasn`t her religion. He had dominance over her.

JACKSON: So that establishes that everything she says is truthful.

SWICKLE: Hold on Joey -- Joey hold on. Joey hold on. I gave you your shot, give me mine.

JACKSON: Go ahead Dana.

SWICKLE: Then she`s talking about him only wanting to do anal sex with her, and constantly wanting to do that. That is so dominating and so degrading. And when you are a battered wife or you`re a victim of domestic violence you can`t just say "Stop, I don`t like what you`re doing." It`s a pattern. It`s a symptom of being --

(CROSSTALK)

JACKSON: The world according to Jodi Arias. Let`s just accept it as fact because that`s what she says.

SWICKLE: Wait a second. But you know what? She`s there and she`s saying it.

JACKSON: He`s dead and he can`t testify.

SWICKLE: And look, you can accept it for what it is. You can accept it for what it is but now --

VELEZ-MITCHELL: All right.

SWICKLE: -- you have this psychologist on the stand earlier who is now say and talking about this new man in her life who now is she`s with this dependent personality. It is all clear.

VELEZ-MITCHELL: All right. Thank you. Fantastic debate, expert panel. And I like how you went for it and on Monday on this show we are going have the new man in Jodi Arias` life. He is loyal. He visits her weekly and we`re going to learn all about why and how it came about.

On the other side, "Scorned".

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VELEZ-MITCHELL: Your "Viral Video of the Day". You say potato and I say potato and this kitty says time to play. Look at that. This beautiful, innocent creature -- they can have fun with a little potato. They`re playful and happy.

This is a lucky cat.

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UNIDENTIFIED MALE: Fantasy between themselves relative to a master/slave relationship.

UNIDENTIFIED MALE: It`s a tale of absolute power.

UNIDENTIFIED MALE: I think that he saw Diane as his servant, somebody that he should be able to control.

UNIDENTIFIED MALE: Inferences to bondage and sex slaves.

ROBI LUDWIG, CLINICAL PSYCHOLOGIST: He could have these two women wanting him.

UNIDENTIFIED MALE: It`s all still part of Richard`s power game and one Diane can never win and the raunchy affairs that threaten to destroy them both.

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VELEZ-MITCHELL: Tonight, secrets, lies and lust and no, we`re not talking about Jodi Arias, we`re talking about a scorned husband who is seeking out the ultimate revenge when he discovers his wife`s scandalous affair. Richard McAnulty is spending the rest of his life behind bars for murdering his wife Diane`s lover.

You see after 30 years of marriage to Richard, Diane met Harry Mears online. Before long, their relationship turned into a wild S&M fantasy.

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CHAUNCEY ROSS, REPORTER, "INDIANA GAZETTE": There were instructions on how he wanted her to behave, what role he wanted her to play. There was a lot of situations where one person will be demeaned and ordered to do certain things.

DET. TERRY KUHNS, WESTMORELAND COUNTY: And average person would not be involved.

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VELEZ-MITCHELL: Husband Richard was snooping around Diane`s e-mail one day and he stumbled upon some very sleazy messages between Diane and her lover Harry.

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UNIDENTIFIED MALE: Richard discovered the emails between Harry and Diane and the explicit nature of the emails.

ROSS: There are two reasons that men (inaudible). One side of it would be the infidelity and the other side of it would be wanting to control.

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VELEZ-MITCHELL: Check out the full episode of "Scorned: Slave to Love" on Investigation Discovery Saturday night at 10:00 p.m. Eastern.

But we don`t want to wait that long so we`ve asked Dr. Robi Ludwig, a contributor on Investigation Discovery to come on and explain the dynamics.

Robi, Richard was a domineering guy.

LUDWIG: Yes.

VELEZ-MITCHELL: It seems he was enraged not just by his wife Diane`s infidelity, but by her being dominated by another man in these kinky games.

LUDWIG: And what`s so interesting is Richard and Diane were married for about 30 years and at one point they had a sexless marriage to the point where they were actually sleeping in different bedrooms.

Richard finds an older woman, Doris, who he has this amazing affair with. She`s vivacious. She`s everything that Diane is not. So it`s not like Richard was this loyal guy. He was out and about in bars with this woman Doris in front of Diane at times, really flaunting his affair. It got so bad that even Diane who was being used to being treated kind of poorly and neglected and having this kind of overbearing, slightly abusive husband, even she felt neglected and that`s really when she turned to the computer and met this other man.

VELEZ-MITCHELL: Yes. It happens. If you treat someone that way especially your lover, you`re going to want to get back.

More on the other side.

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VELEZ-MITCHELL: Time for our "Pet o` the Day". Send your pet pics to hlntv.com/jane. Zoe, I love your ribbon. And Elliott, oh, what a handsome young man. And Bertha, she likes to party and have some fun. Ready to rumble. Beau and Dozer hanging out -- couch potatoes. We love you.

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KUHNS: Doris is what I would call pistol, a piece of work, a lot of fun to be around.

UNIDENTIFIED MALE: Doris is a firecracker.

KUHNS: I think Richard was attracted to Doris because she was completely opposite of Diane.

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VELEZ-MITCHELL: Husband Richard cheats with Doris and his wife, Diane, responds in kind with her lover, Harry. But then the husband thinks, well, maybe they broke it off. A year after discovering some tawdry e-mails the husband discovers another message from this lover to his wife, Diane. That was the spark that drove Richard to kill Harry in broad daylight as his neighbors looked on.

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KUHNS: We observed Richard calmly walk over to Harry while Harry was saying, "Someone, please help me." And Richard`s response was, "You`ll never sleep with another man`s wife again." At which time he fired two more shots into Harry.

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VELEZ-MITCHELL: All right. Later that day Richard even called police to confess to the murder. He was driven by rage and jealousy. Dr. Robi, are you surprised Richard`s crime of passion defense failed?

LUDWIG: No, not really because he was so deliberate about it and Richard was obsessed. He was obsessed with his wife going back to her lover when, in fact, Diane, when she broke off the affair, she truly did break off the affair. But I don`t think that Richard could tolerate that another man had control over his wife`s life at one point in time. And so he was driven by madness.

Richard even complained about his wife and his wife`s lover to his lover, Doris. And Doris tried to calm him down about it. But he just really was so enraged about by this idea, it drove him to murder.

VELEZ-MITCHELL: All right. I have to watch this ID -- Discovery Investigation 10:00 p.m. tomorrow night. You`ve got to see it.

On the other side, yes, Rico`s back with another "Animals Investigations Unit" story.

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VELEZ-MITCHELL: Hey, Rico, tonight we`re talking about farm animals as part of our "Animals Investigation Unit". For years animal rights organizations have been going undercover to expose horrifying abuse on factory farms.

We`re going to show you some disturbing video but bear witness for a second because it`s so important. It`s this kind of video that has led to big changes in how farms, factory farms, are doing business.

Back in 2008 the Humane Society of the United States released this video of diseased Downer cows too sick to walk being used for commercial beef at a California slaughterhouse. This horrifying expose led to the largest beef recall in U.S. history. Last year Humane Society footage led several fast food chains to vow not to buy pork from farms that house these pigs in gestation crates where they`re kept in crates virtually the size of their own bodies for their whole lives.

Now several states are introducing legislation that is will ban these undercover investigations. Take a look at this map. We`ve reached out to these states for comment. But we`re still waiting to hear back.

Straight out to my very special guest, Humane Society spokesperson, Paul Shapiro, these exposes are the main reason, the main method for exposing factory farm abuse. Why do you think all of these states are suddenly trying to silence whistleblowers who go undercover to expose what is happening to these animals who cannot speak for themselves?

PAUL SHAPIRO: HUMANE SOCIETY: Jane, I couldn`t agree more. And the short answer is that they`re doing it at the behest of the meat industry because undercover investigations by the Humane Society of the U.S. and other groups have consistently found chickens languishing in tiny, cramped and filthy cages, pigs being ruthlessly beaten and other abuses in the meat industry.

These investigations have resulted in criminal animal cruelty convictions, meat recalls and more. And the industry`s response to these investigations has not been to try to prevent the abuses and the food safety problems from occurring but rather simply to try to prevent the American people from simply finding out about those abuses in the first place. Animal agri-business wants to keep Americans in the dark and these whistleblower suppression bills are its way of trying to do that.

VELEZ-MITCHELL: Indeed, most Americans don`t know that pigs are kept in gestation crates just larger than the size of their bodies never able to turn around. And look at the conditions of these hens. We certainly never hear about these companies reporting abuses of their own. Proactively saying, oh, we have discovered abuse on our own farms.

So if these undercover investigations stop, who is going to regulate the treatment of these animals that have just as much feeling as little Rico here? In 2011 undercover footage from Mercy for Animals, another great organization, exposed cruelty at Sparbo (ph) egg farm, which is the fifth largest egg supplier in the country at the time, that video inspired customers like McDonald`s and Target to stop doing business with Sparbo. Since their practices were exposed Sparbo has set up a task force to investigate their operations and has vowed to improve the treatment of animals.

Paul, what should Americans do if they want to get involved?

SHAPIRO: Jane, states like New Hampshire, Wyoming and Indiana are right now considering bills to criminalize these investigations, again, at the behest of the meat industry. And can you blame them? Can you blame the meat industry? I mean if your routine course of business --

VELEZ-MITCHELL: Yes, I can. I think that you change how you`re doing business. Americans are decent people, and they want change.

SHAPIRO: Of course.

VELEZ-MITCHELL: Nancy Grace is up next.

END