CNN CNN


 

Return to Transcripts main page

JANE VELEZ-MITCHELL

Jodi Arias Faces Cross-Examination

Aired February 21, 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: Extraordinary testimony. Just a little while ago, the prosecutor whips out some magazines and says Jodi did something behind bars with them that is straight out of a Hollywood movie. Was Jodi speaking in code, and if so, why?

And the very latest on this extraordinary video. We`re going to show it to you of victim Travis Alexander shooting a gun at a shooting range. What does this mean? What`s the significance to this case where he was shot with a gun? Next.

(BEGIN VIDEOTAPE)

VELEZ-MITCHELL (voice-over): Jodi Arias shows a side we`ve never seen before as fireworks erupt in the courtroom. Prosecutor Juan Martinez goes for the jugular, often yelling. He tries to catch Jodi lying about everything, from her claim that Travis was a pedophile to her feeling sexually degraded by kinky sex games. But did the prosecutor lose it and make Jodi seem cool and calm by comparison?

We`ll debate it with our expert panel, and we`ll analyze our exclusive video from last night of Travis at a shooting range. Does it prove whether or not he had a gun?

JODI ARIAS, MURDER DEFENDANT: I`m not guilty. I didn`t hurt Travis.

JUAN MARTINEZ, PROSECUTOR: Do you have problems with your memory, ma`am?

ARIAS: Sometimes.

MARTINEZ: The other one is a picture of your dumb sister, Angela, correct?

ARIAS: That`s my sister. She`s not dumb.

MARTINEZ: "She`s a little bit dumb." You said that, right?

ARIAS: Yes, I called her dumb and stupid.

MARTINEZ: Did I ask you whether or not you called her stupid, ma`am? I`m not asking you if you love her. I`m asking if you indicated it.

You can tell us, for example, what type of sex you had with Mr. Alexander many years ago, but you`re having trouble telling us what you said a couple of days ago?

ARIAS: When I`m under stress, yes. It affects my memory.

I have no memory of stabbing him. I just remember trying to get away from him.

MARTINEZ: So you did enjoy the sex, then, is that what you`re telling me?

ARIAS: At times I did.

MARTINEZ: You actually were watching what they were doing, then, right?

ARIAS: Briefly, yes.

MARTINEZ: Did I ask you for how long, ma`am?

ARIAS: If I hurt Travis, if I killed Travis, I would beg for the death penalty.

It`s demanded of us to forgive all people.

I just remember screaming.

I don`t think I could stab him. I think I would have to shoot him.

I don`t remember anything after that.

(END VIDEOTAPE)

VELEZ-MITCHELL: Tonight, explosions inside the Jodi Arias courtroom. Accused murderess Jodi Arias finally faces the prosecution`s verbal firing squad.

And stunning new developments straight from a Hollywood movie. Was Jodi trying to sneak secret messages past her jail guards by writing them in magazines?

Good evening. I`m Jane Velez-Mitchell, coming to you live.

The beautiful 32-year-old photographer is accused of stabbing her ex- boyfriend 29 times, slicing Travis Alexander`s throat from ear to here, and shooting him in the face. But she says it was all done in self-defense.

Prosecutor Juan Martinez came out of the gate with all cylinders firing, laying into Jodi the second court started. But Jodi was not a shrinking violet. Oh, no. Listen to them go head to head.

(BEGIN VIDEO CLIP)

MARTINEZ: You can tell us, for example, what type of sex you had with Mr. Alexander many years ago, but you`re having trouble telling us what you said a couple of days ago?

You`re saying you didn`t enjoy it, did not enjoy it, correct?

ARIAS: I`m not saying that either.

MARTINEZ: Well, there can`t be a middle ground. You either enjoyed it or you didn`t, right?

ARIAS: That`s not correct.

MARTINEZ: You actually were watching what they were doing, then, right?

ARIAS: Briefly, yes.

MARTINEZ: Did I ask you for how long, ma`am?

When do you decide to tell the truth? When you`re in this court and no place else? Is that what -- what I`m hearing from you?

ARIAS: No.

(END VIDEO CLIP)

VELEZ-MITCHELL: But that was just a warm-up. The prosecutor grilled Jodi about her convenient amnesia, and her angry response made the entire courtroom gasp, yes. Listen to this.

(BEGIN VIDEO CLIP)

MARTINEZ: Problems with your memory, is it a recent vintage?

ARIAS: Define recent.

MARTINEZ: I don`t know, since you started testifying.

ARIAS: It depends on the type of memory issue.

MARTINEZ: If it benefits you, you have a memory issue? What factors influence your having a memory problem?

ARIAS: Usually when men like you are screaming at me or grilling me or someone like Travis doing the same.

(END VIDEO CLIP)

VELEZ-MITCHELL: Whoa! Putting Travis and the prosecutor in the same breath.

Did the prosecutor go too far, yelling and making Jodi seem like the rational one?

Plus, I`ll talk to Travis`s close friend about this exclusive video of Travis firing a gun at a shooting range. Does this prove he owned a gun or quite the contrary?

Call me, 1-877-JVM-SAYS, 1-877-586-7297.

Straight out to our very own senior producer, Selin Darkalstanian.

Selin, you were in court for all of these fireworks. Take us to the battlefield, the courtroom.

SELIN DARKALSTANIAN, HLN PRODUCER: Jane, the only way I can describe how it was today sitting inside the courtroom as day one of the cross- examination, it was like a tennis match. It was sitting there watching Jodi on one side and Juan Martinez, the prosecutor, sitting on the other and looking at the jury. This is exactly what they were doing, going like this, as one shot one, the other one shot the other. And they were going like this looking at it. It was insane.

The only way I can describe it, it was so heated. Everybody was on pins and needles in the courtroom as we were listening. The jury was into it. It was the day we`ve all been waiting for. The cross-examination between the two, between Juan and Jodi.

And I have to say that the entire courtroom literally gasped when she turned around and shot one at Juan and said, "I don`t respond well to men who yell at me." Because she made it personal. And then it wasn`t about the testimony. It became a personal jab at him in the middle of all the testimony.

It was a very, very heated day in day one of court. And you have to think, this was just day one of cross-examination. There`s many more days of these two going at it.

VELEZ-MITCHELL: Yes, they haven`t gotten to the killing yet. Imagine how fiery it`s going to be when they get to the day of the killing.

Explosive testimony just a little while ago late in the day: Jodi penciled in secret messages inside magazines that she passed to a friend, Ann Campbell, who visited her in jail. The prosecutor had Jodi read those messages out loud in court. And it was absolutely wild.

Jean Casarez, correspondent, "In Session" on TruTV, this is huge because it`s out of a movie. Jodi Arias makes her look diabolical, that she`s acting very innocent, but meanwhile, she`s got magazines where she`s writing messages in code and sending it to her friends about all sorts of things. Tell us what she said in those messages.

JEAN CASAREZ, CORRESPONDENT, TRUTV`S "IN SESSION": You know, the messages themselves, I think, can go either way, because she is saying, "Look, what you have said is not what I`ve been saying for years now. You get here. You`ve got to talk to me before we go any further in this." So it could be that what you`re going to testify to is not what I`m saying. You`re wrong.

But the way she did it, by writing lines in two different magazines, one being the "Star" magazine, and smuggling them out of the jail and then getting them to the person she wants to get them to. It makes her look like someone that is sneaky and does things behind one`s back.

VELEZ-MITCHELL: Yes. But what was she saying? I understand she said to somebody, "Get down here before you talk to them again. Directly contradicts what I`ve been saying. You bleeped up when you told my attorney blah, blah, blah. You testify so we can fix that."

It`s like it`s not just that she wrote it in a magazine, it`s that she`s plotting, it would seem, Jean.

CASAREZ: Right. What the prosecutor was saying this was alluding to was a hearing in August of 2011 that had to do with the issues of pedophilia. That was an issue. Obviously, prosecution didn`t want it to come in. What she was referring to, we don`t know.

VELEZ-MITCHELL: All right. Jodi claims her razor-sharp memory got very, very fuzzy the day she killed Travis Alexander. She told the jury she couldn`t remember stabbing him 29 times, slitting his throat or dragging him across the room. Listen to this.

(BEGIN VIDEO CLIP)

KIRK NURMI, JODI`S DEFENSE ATTORNEY: Do you remember stabbing Travis Alexander?

ARIAS: I have no memory of stabbing him.

NURMI: Do you remember dragging him across the floor?

ARIAS: No.

NURMI: Do you remember placing him in the shower?

(END VIDEO CLIP)

VELEZ-MITCHELL: The prosecution today did not waste any time calling Jodi out on her selective memory. Selective amnesia. Listen to this.

(BEGIN VIDEO CLIP)

ARIAS: I don`t remember.

MARTINEZ: Do you have problems with your memory, ma`am?

ARIAS: Sometimes.

MARTINEZ: So you can tell us, for example, what kind of coffee you bought at Starbucks back on June 3, 2008, but you can`t tell us what you said yesterday or the day before?

(END VIDEO CLIP)

VELEZ-MITCHELL: Look, I want to bring in our expert panel. What she said that I thought was so brilliant, she said, "Oh, you know what? I order the same thing at Starbucks every day. That`s why I can remember what I ordered at Starbucks years ago, but I can`t remember what I said yesterday."

Stacey Honowitz, Dana Swickle, Randy Zelin, Jordan Rose, let`s debate it. Was this a home run for the prosecutor? Was it a home run for Jodi? Or was it a bloody battle where each scored some points? Starting with Stacey Honowitz.

STACEY HONOWITZ, FLORIDA PROSECUTOR: I think it was a great day in court for the prosecution. You know, Jane, on the cross-examination, we`ve had a defendant on for this long. You want to get in strong, get to your - - really, really hone into your big points first, get into minutia and then end strong. And that`s what he did.

He wants to show the jury she`s a liar. Everything she`s testified to up until this point has been a lie, that she remembered every little aspect of what went in her life. Yet when it came time, she conveniently forgot the time of the murder. So that`s what he did. I think he got in strong. And I think it made an impact on the jury.

And I think she looked like she could care less, and fighting with the prosecutor is no bargain. I`m sure her defense team is really mad that she went at it with him, because it doesn`t make her look good.

VELEZ-MITCHELL: Randy Zelin, others say that, hey, she was cool as a cucumber and he was yelling most of the day.

RANDY ZELIN, DEFENSE ATTORNEY: I think what we watched today, quite frankly, is how not to cross-examine a defendant. What you do is you don`t ask the conclusory questions -- "Isn`t it true you have a problem with your memory?" You ask all the questions so the jury can conclude when you`re giving your closing argument, that she`s having convenient memory lapses.

Otherwise, you give her the opportunity to explain it away, as she did, which is "I don`t do well with men who yell at me," which goes to the heart of her defense.

VELEZ-MITCHELL: Look, here`s what I`d like to ask you. So let`s listen to a sound bite. Then we`re going to debate it.

The prosecutor has been very fiery with other witnesses, but he unleashed on Jodi. Was he over the top? Was he yelling too much? Check it out and we`ll debate it.

(BEGIN VIDEO CLIP)

MARTINEZ: If you can tell us, for example, what type of sex you had with Mr. Alexander many years ago, but you`re having trouble telling us what you said a couple of days ago? You`re saying you didn`t enjoy it, did not enjoy it, correct?

ARIAS: I`m not saying that either.

MARTINEZ: Well, there can`t be a middle ground. You either enjoyed it or you didn`t, right?

ARIAS: That`s not correct.

MARTINEZ: You actually were watching what they were doing, then, right?

ARIAS: Briefly, yes.

MARTINEZ: Did I ask you for how long, man?

When did you decide to tell the truth: when you`re in this court and no place else? Is that what I`m hearing from you?

ARIAS: No.

(END VIDEO CLIP)

VELEZ-MITCHELL: Dana Swickle, quickly, too much?

DANA SWICKLE, ATTORNEY: Absolutely too much. I think that he crossed the line.

I mean, look. I understand he wants to get in there. He wants to make her look like a liar. I agree with Stacey. As a prosecutor, you need to get in there. You need to get things out. You need to be precise and you need to get them to answer the question and make her look like a liar. I think he went way too far, calling her sister dumb today? What`s the point of that?

VELEZ-MITCHELL: Jordan Rose, ten seconds.

JORDAN ROSE, ATTORNEY: Look, I think that, you know, the prosecutor - - we left yesterday with the defense kind of fizzling, and the prosecutor needed to wake up those jurors. And so he took an aggressive posture. He tried to break her. He caught her in so many different lies.

And, you know, I think he`ll ease into a more certain sort of tone, but I think he had to do that for the jury.

VELEZ-MITCHELL: All right. More on the other side, and we`re taking your calls.

(BEGIN VIDEO CLIP)

MARTINEZ: Problems with your memory, is it a recent vintage?

ARIAS: Define recent.

MARTINEZ: I don`t know, since you started testifying.

ARIAS: It depends on the type of memory issue.

MARTINEZ: If it benefits you, you have a memory issue? What factors influence your having a memory problem?

ARIAS: Usually when men like you are screaming at me or grilling me or someone like Travis doing the same.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

MARTINEZ: You missed Lonnie`s baptism, right?

ARIAS: Yes.

MARTINEZ: And the reason is because you were having a Tootsie Pop placed somewhere, right?

ARIAS: Yes, that`s one of the reasons.

MARTINEZ: OK. And this exhibit here, exhibit No. 458, does say that you explored "every naughty fantasy we could conjure up in our fruitful imaginations that we haven`t already fulfilled with one another," right?

ARIAS: Yes.

(END VIDEO CLIP)

VELEZ-MITCHELL: That was a crucial interchange, because the prosecutor wants to make the jury see Jodi as a willing participant in kinky sex games, not the victim of sexual degradation that she claims to be.

She has been claiming that she was a victim of abuse who had to kill Travis in self-defense. So the prosecutor is trying to counteract what Jodi said on direct. Namely that, just hours Travis baptized her into the Mormon Church, he then pressured her into anal sex. She described it in graphic detail and said she felt degraded and demeaned.

But today the prosecutor, by asking her about other kinky sexual behavior that she`s engaged in, is trying to paint her as a willing participant in sex games. Just because she`s a woman doesn`t mean she didn`t enjoy it, that she might have enjoyed it absolutely just as much as Travis Alexander, and therefore, she is not degraded at all.

I want to go to Dave Hall, a good friend of Travis Alexander`s. Thank you for joining us from Utah. What do you think of the prosecutor`s approach so far, to try to paint Jodi as someone who enjoyed the sex as much as Travis did?

DAVE HALL, FRIEND OF TRAVIS: I think Juan`s doing a fabulous job. He`s obviously hitting the critical points, showing that she has a very hard time telling the truth. I mean, of the eight days that Nurmi had her on the stand, tossing softball pitches to her, I think the only time she ever said she couldn`t remember something was when they actually got to the murder scene.

And today, I mean, she`s said that hundreds of times, "I can`t remember this. I can`t remember this." I mean, she has absolutely no credibility in my eyes.

VELEZ-MITCHELL: OK. Now, Jodi and the prosecutor, speaking of sex, had an unintentionally hilarious exchange about Pop Rocks and Tootsie Pops. Apparently, these candies can be used as sexual toys. I didn`t know that. You learn something every day, don`t you?

Prosecutor Juan Martinez demanded to know whether Jodi enjoyed using candy during sex. Listen to this.

(BEGIN VIDEO CLIP)

MARTINEZ: You enjoyed the Tootsie Pops and the Pop Rocks, correct?

ARIAS: I enjoyed his attention.

MARTINEZ: No, I want to know if you enjoyed the Tootsie Pops and the Pop Rocks. In your view, you can go through an act and not enjoy it but also enjoy -- what are you saying to say?

ARIAS: Am I allowed to tell what you I`m trying to say?

MARTINEZ: I want to know whether or not you enjoyed it. This encounter that we`ve been calling Lonnie`s baptism, there were some Pop Rocks and Tootsie Pops that were involved, right?

ARIAS: No, Lonnie`s baptism did not involve Tootsie Pops and Pop Rocks.

(END VIDEO CLIP)

VELEZ-MITCHELL: And look at that smile on her face. By the way, here`s what we`re talking about. Kids` candy.

Jodi seemed to be toying with Juan at times. Susan Constantine, body language expert, the prosecutor making points, but he`s yelling in the process. Jodi is remaining cool as a cucumber. Maybe I shouldn`t use the cucumber phrase. But she`s remaining very cool, let`s put it that way, and even manages to kind of crack a couple of jokes and get some one-liners, some zingers, in there.

Is that helping her? Hurting her? What do you make of her body language and her talk?

SUSAN CONSTANTINE, BODY LANGUAGE EXPERT: Well, from the very, very beginning when she walked out, you could tell her demeanor. She was ready -- not as if she was ready for a fight, but she was empowered. She was feeling centered. She had already got her mind to the set that she was going to be attacked. So she took on -- it was almost as if she already had her bullet jacket on.

And when the questions were posed to her, she -- he was hitting those chords, which was causing her to lose control of some of her facial expressions like we saw this flat affect look before. Now she`s showing contempt, duping delight, which is seeing this smile and this smirk. These very condescending, coy remarks. All of that now is being exhibited on her facial expressions. And guess who`s watching? The jury.

But now let`s look at the prosecutor. Is he winning points? I think to a certain point. But when you hear that he`s pounding each time, there`s going to be jurors on there that are very emotional, very kinesthetic. That`s not going to resonate with them. But mainly those Type A personalities, certainly it will.

VELEZ-MITCHELL: See, I think how people perceive all this says more about them. Some people don`t want to hear this yelling. Other people find how she`s reacting to the yelling to be offensive.

On the other side, we`re going to debate with our expert panel and take your calls. Is the fact that he`s yelling at a woman something the jury will consider? Next.

(BEGIN VIDEO CLIP)

MARTINEZ: On this page No. 20, it says -- read it for me.

ARIAS: "You testify so..."

It looks like it says, "... we can fix this."

It looks like it says, "Directly contradicts what I`ve been saying for over a year."

It says, "You (EXPLETIVE DELETED) up what you told my attorney the other -- the next day. Interview was excellent. Must talk ASAP. Get down here ASAP and see me before you talk to them again and before."

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

ARIAS: I have the vague memory of putting the knife in the dishwasher, but I put the knife in the dishwasher before, so I don`t -- I`m pretty sure it was that day.

I don`t remember bringing the gun with me, but I remember throwing it.

NURMI: Throwing it where?

ARIAS: In the desert.

(END VIDEO CLIP)

VELEZ-MITCHELL: The prosecutor punctured a huge hole in Jodi`s claim that she burst in on Travis and caught him masturbating to pictures of a little boy several months before the killing, basically pedophilia. Prosecutor Martinez grilled Jodi on why she never told anyone about Travis`s alleged sexual attraction to young boys. Listen to this.

(BEGIN VIDEO CLIP)

MARTINEZ: You caught Mr. Alexander (EXPLETIVE DELETED) to some images of boys, correct?

ARIAS: I only saw one image. It was a boy.

MARTINEZ: Ma`am, didn`t you say that there were images, there were more than one?

ARIAS: There were more than one image, but I only caught him with one image.

MARTINEZ: And it`s so noteworthy to you that you waited until after you killed Mr. Alexander to tell anybody about it, right?

ARIAS: I waited years.

MARTINEZ: You chose to keep that allegation until about two years ago? If it was so noteworthy, why can`t you remember the time?

ARIAS: It was kind of traumatic. He did have a problem. That`s the reality. I was sick to my stomach.

MARTINEZ: Were you angry at that time, ma`am?

ARIAS: Went home, threw up, cried.

MARTINEZ: You did all these things that afternoon, right?

ARIAS: Yes.

MARTINEZ: In your car, right?

ARIAS: I didn`t throw up in my car.

MARTINEZ: What`s that?

ARIAS: I didn`t throw up in my car.

MARTINEZ: No, you drove off in your car.

(END VIDEO CLIP)

VELEZ-MITCHELL: Jodi claims after she caught Travis masturbating to a picture of little boys, she ran out of the house and that Travis called her repeatedly in a panic. But Prosecutor Martinez showed phone records that show that Travis only called Jodi about five times over the course of that entire day.

Now, Jean Casarez, this is crucial because Jodi claims Travis was angry that she knew his dirty secret of alleged pedophilia. Did he, do you think, puncture the whole pedophilia claim?

CASAREZ: I think he made great, great strides, right. Because if she is so distraught and she goes home and she throws up and she`s just so horrified by this, why is she texting, "Do you want to trade cars" and this and that and the other thing?

The only thing that helps her in this is she says, "I fell asleep because I had a terrible headache. I can hardly move," she said.

VELEZ-MITCHELL: So she says she has a headache, but she never says in any of the texts after she sees this alleged pedophilia, which the prosecution thinks is a total lie, as does Travis Alexander`s family, she doesn`t make any reference in her texts later that day when she`s communicating with Travis?

CASAREZ: No.

VELEZ-MITCHELL: Nothing about "I saw you. I caught you. Oh, my gosh. What were you doing? You`ve got a problem." Zero, right, Jean Casarez?

CASAREZ: No, but she testified, "I never put it in writing." But the whole state of mind, the whole demeanor of these texts is as if everything`s fine.

VELEZ-MITCHELL: Let`s go to the phone lines. Dolores, New Jersey, your question or thought.

CALLER: Hi, Jane. I love your show, and I love what you stand for.

VELEZ-MITCHELL: Thank you.

CALLER: Thank you for taking my call.

I just wanted to know. I watch many trials, and I have never seen where the judge isn`t telling them to answer the questions directly. She keeps enjoying the show, just like she did when the -- her lawyer was grilling her.

VELEZ-MITCHELL: I`m not sure I can -- oh, OK. This is what Dolores, New Jersey, is saying. Is that the jurors can ask questions directly in Arizona of the witness. And you raise a fascinating point, which I never really thought of.

Oh, my gosh, Stacey Honowitz, could the jurors, then, turn around and start asking her questions?

HONOWITZ: Well, if they`re allowed to ask questions, they`re going to ask her questions, but I bet that Juan Martinez is going to cover everything that she went over.

And what you talked about earlier, Jane, was I just want to bring up one thing that you brought. Is he being too hard on a female? And I think that`s such a double standard. Why should he go any easier on somebody like her? All he needs to do is stand up with those pictures of this man being practically beheaded and saying, "Why should I go soft on a woman that`s capable of doing this?"

So I think it`s all intertwined. I think Juan Martinez is going to cover everything, and I think he`s doing a great job to start out.

VELEZ-MITCHELL: All right. Well, I asked the question to get a fiery response like that, not because I necessarily believe he should treat her differently than anybody else. But some people might think that he should go easy on her because she`s female. Maybe a member of the jury. We don`t know.

We still have plenty of explosive moments from court to show you on the other side of the break.

Top of the hour, Nancy Grace talks to a man who hired Jodi Arias to model for him. That`s right at the top of the hour here on HLN.

But next, more explosive testimony from today.

(BEGIN VIDEO CLIP)

ARIAS: It was like mortal terror. It was like he -- I pissed him off the worst I`d ever seen him pissed off. I tried to stop him, and then I`d piss him off even more.

NURMI: Why did you believe him when he said, "Kill you, bitch"?

ARIAS: Because he`d never said that before. And he had taken me almost to that point without that threat. And now he was clearly making that threat.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

ARIAS: The only things I remember clearly that are crystallized in my mind.

JUAN MARTINEZ, PROSECUTOR: And you enjoyed the tootsie pops and the pop rocks, correct?

You think that the braids are hot, don`t you?

ARIAS: I think cute is more appropriate.

TRAVIS ALEXANDER, MURDER VICTIM: Well, I love the braids.

ARIAS: I know. They`re hot.

MARTINEZ: What in the world gave you the right to go talk to an ex- boyfriend with who, according to you, you had broken up? What right do you have to do that?

UNIDENTIFIED MALE: -- coming in here (EXPLETIVE DELETED).

MARTINEZ: You were jealous, right?

ARIAS: He was trying to court me back.

MARTINEZ: So you did enjoy the sex, then, is that what you`re telling me?

ARIAS: At times I did.

And I could hear him -- I mean, I could hear his footsteps chasing me. I didn`t want him to grab me again.

MARTINEZ: You didn`t know, according to your own story, that Mr. Alexander was dead, right?

ARIAS: Usually when men like you are screaming at me, it makes my brain scramble.

Pointed it at him with both of my hands.

(END VIDEO CLIP)

JANE VELEZ-MITCHELL, HLN HOST: An explosive day in court and fireworks also -- just a jaw dropper late in the afternoon. You`re looking at it right here. The prosecutor whips out some magazines and shows that Jodi wrote secret messages in code inside magazines while behind bars and then handed the magazines to friends to smuggle out of the jail where she has been housed since she was arrested.

You`ve got to wonder because some of the things she said was like oh, "Talk to me, ASAP. What you said directly contradicted what I said." It`s almost like could she be accused of witness tampering? Meanwhile, she gets into a slugfest with the prosecutor. The prosecutor yelling for half the afternoon and she delivers some snarky one-liners. Listen to this.

(BEGIN VIDEO CLIP)

MARTINEZ: Problems with your memory, is it a recent vintage?

ARIAS: Define recent.

MARTINEZ: I don`t know. Since you started testifying.

ARIAS: It depends on the type of memory issue.

MARTINEZ: If it benefits you, you have a memory issue? What factors influence your having a memory problem?

ARIAS: Usually when men like you are screaming at me or grilling me or someone like Travis doing the same.

(END VIDEO CLIP)

VELEZ-MITCHELL: Whoa. I mean, that is a zinger. I want to very quickly bring in my legal team.

Let`s start with Randy Zelin -- brilliant or debacle for her to say something like that?

RANDY ZELIN, CRIMINAL DEFENSE ATTORNEY: Debacle for Mr. Martinez; never, ever do you ask the ultimate question. You take her through. You don`t remember this yesterday. You don`t remember this yesterday. You don`t remember this yesterday. But you remember November 5th, 2007, what kind of Starbucks you had. And then you don`t ask the ultimate question. You save it for summation, and you let the jury realize, my God, what a convenient memory.

VELEZ-MITCHELL: I understand what you`re saying, but my question is her comment that when I get frazzled and can`t remember when men like you and Travis Alexander scream at me, Jordan Rose.

JORDAN ROSE, ATTORNEY: She -- I think the prosecutor is doing the perfect job of showing sort of the tale of two Jodis here. You`ve got the Jodi on the stand who`s a liar, and you`ve got -- who`s trying to be an innocent, you know, victim. And you`ve got the Jodi that everyone else has testified about. And if you`re going to live by your memory here, Jodi, you`re going to die by your memory because of this prosecutor. And that`s what he`s doing. He`s breaking her down, step by step, question by question, until she frazzles.

VELEZ-MITCHELL: Dana Swickle, ten seconds, what do you make of her comparing the prosecutor to Travis Alexander?

DANA SWICKLE, CRIMINAL DEFENSE ATTORNEY: Listen. She`s been on the stand for almost eight days. Eventually she`s going to lose her cool and her confidence. She let it out. She said something. Some jurors may appreciate it. Some may not. I think she`s doing a good job. I think she`s remained calm throughout the day.

VELEZ-MITCHELL: All right. Brian Carr is a special guest. He is Jodi Arias` close friend, and he visits her in jail regularly. And we`ve got a video of him sometimes in the courtroom. We also have a picture of him. Brian Carr, you visit Jodi Arias -- Brian, are you there?

BRIAN CARR, FRIEND OF JODI ARIAS: Yes, yes, I`m here.

VELEZ-MITCHELL: Ok. You visit her regularly behind bars. Now, we`re seeing another side of Jodi. We`re seeing someone who`s not looking so much like the victim, as somebody who can hold her own against a very aggressive guy and seems to deliver some one-liners and zingers. Is this the Jodi you know, the one who jokes and smirks and has a clever wit?

CARR: Listen, this is exactly the Jodi that I know. And a lot of people are claiming her as a liar. And that`s not her at all. Yes, because she changed three stories in the beginning, like dating Travis`s friend; everyone saying that she was a liar. She was scared in the beginning. She`s confident. The reason that she`s confident on that stand right now is because the truth is coming out. And people have to realize that. I mean and the jury has to realize that.

VELEZ-MITCHELL: Let`s go to the phone lines quickly. Raymond, Indiana, your question or thought. Raymond.

RAYMOND, INDIANA (via telephone): Yes, Jane. The thing that I noticed is, well, first of all, the trial she starts talk about how somebody is aggressive where she gets all shaky and quivery.

VELEZ-MITCHELL: Like a chihuahua.

RAYMOND: She was just the opposite. She was even actually kind of cocky when she was being -- with the prosecuting attorney.

VELEZ-MITCHELL: Yes. Well, Susan Constantine, body language expert, yes, she testifies that when she`s berated as she claimed Travis berated her, she starts shaking and she said like a chihuahua. She`s being berated and yelled at by this prosecutor, but she`s cool, calm and collected.

SUSAN CONSTANTINE, BODY LANGUAGE EXPERT: Exactly. So that`s what`s happening is the two are colliding. So every time when she`s speaking, I can tell you, Jane, from experience when watching her, when she says she`s fearful, there`s no fear. When she says that she`s sad, there`s no sadness. When she said that she`s happy, you don`t see happiness. They always collide.

The only time I saw her shake was when she was getting ready to take - - get on the stand. And for a moment there, her hands were shaking a little bit. Certainly not like a chihuahua.

VELEZ-MITCHELL: All right. More debate on the other side. We`re taking your calls as we play more of the astounding testimony and fireworks between this prosecutor and Jodi Arias today.

(BEGIN VIDEO CLIP)

ARIAS: The gas in Yreka at that time was $4.78 a gallon for regular unleaded.

UNIDENTIFIED MALE: Did anything of note happen at Starbucks when you were in Pasadena?

ARIAS: Yes.

UNIDENTIFIED MALE: What was that? Describe it for us.

ARIAS: I went in. There was a big wait. There was a long line, kind of a busy Starbucks. I got a strawberry frappuccino --

(END VIDEO CLIP)

(COMMERCIAL BREAK)

VELEZ-MITCHELL: Some observers have said that prosecutor Juan Martinez seems all over the map as he grills Jodi Arias in the first day of cross-examination, but there is a method to his madness. We are learning about his secret strategy possibly to catch Jodi in a lie. We`ll tell you next.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

ARIAS: You know what I really like (inaudible) braids.

ALEXANDER: I love the braids.

ARIAS: I know. They`re hot.

(END VIDEO CLIP)

VELEZ-MITCHELL: The prosecutor trying to show Jodi Arias is a big, fat liar. That she`s told so many stories about, for example, what happened to her finger.

Prosecutor Juan Martinez is calling her out saying she actually hurt her finger when she viciously murdered Travis Alexander and not in the many other ways she lied about hurting her finger. Check this out.

(BEGIN VIDEO CLIP)

MARTINEZ: This particular finger, it seems to have had its run, if you will, of bad things happen to it.

UNIDENTIFIED MALE: She told me she worked at Margaritaville and she cut her finger. She told me she broke a glass and cut her finger.

MARTINEZ: You told him that this woman during this attack on June 4, 2008 cut you right there.

ARIAS: Like I still can`t close this finger all the way.

He went to kick me again. I had my hand out to block his foot, and it clipped my hand and hit my finger.

MARTINEZ: If he caused that damage on January 22nd of 2008 that would have been before this picture that we have here. You don`t have a bent finger here in Exhibit 453, do you?

ARIAS: My finger is bent there.

(END VIDEO CLIP)

VELEZ-MITCHELL: Now, here`s Jodi showing her injured finger to the jury on direct examination. She testified she broke it blocking a kick from an abusive Travis Alexander several months before he died. But today the prosecutor whipped out this picture that was taken months after that supposed attack by Travis and said, well, that shows her finger was just fine. So he`s trying to prove she`s lying about the injury, the abuse by Travis, and also lying because her finger, he believes, was hurt when she viciously killed Travis Alexander.

Dave Hall, good friend of the victim Travis Alexander, you say she`s also lying about the gun. She claims Travis is the one who had the gun that she used to shoot him, and she grabbed it out of his closet.

DAVE HALL, FRIEND OF TRAVIS ALEXANDER: Yes, Jane, when I heard that on the TV yesterday, I about jumped out of my skin. I could not believe that she was making that claim.

I`ve taken Travis shooting many times out in the desert, up in the mountains. When I invite all my friends to come out four-wheeling and shooting guns with us, they always bring their own guns. Well, Travis always asked if he could borrow my guns because he never owned guns. And when she said that she knew that Travis had one, I knew she was lying.

But then more important to that, if Travis had a gun, it`s amazing that she just knew right where it was, and it happened to be the same caliber that was stolen from her grandparents` house and it happened to be loaded. But yet there was no ammunition around in the house.

You don`t buy a gun that comes with the bullets in that. If you buy a gun, you have to then go buy ammunition. Where`s the rest of the ammunition that Travis had? Obviously, she had to put the gun in Travis`s house because if it was any other version that she brought it, that`s premeditation. That`s capital punishment.

VELEZ-MITCHELL: Excellent argument. What do you say, Brian Carr, close friend of Jodi Arias?

CARR: You know, I mean she`s going to know if Travis has a gun. She dated Travis. She was in a relationship with Travis. I mean maybe because he didn`t bring a gun to a gun range or out in the desert where Dave was talking about doesn`t mean anything. There`s no way to prove that.

She was scared for her life. She knew that Travis had a gun. She ran up there. I totally believe Jodi, and I think it was points today for Jodi, not the prosecution.

VELEZ-MITCHELL: All right. Diane, Michigan, your question or thought, Diane.

DIANE, MICHIGAN (via telephone): Hi, Jane, thank you for taking my call and all that you do for the animals.

VELEZ-MITCHELL: Thank you.

DIANE: I have a comment about when Mr. Martinez was questioning her about her memory loss, and he asked her, is it the decibel or whatever, and she said the tone, something else, and the content. And I hope the jury picked up on that because that means she`s selective. If I don`t like the question you`re asking me, I`m conveniently not going to remember. It was like she was baiting him because she kept asking him, repeat the question.

VELEZ-MITCHELL: You raise Diane -- you raise an incredible point, and that is, are we dealing here with a pathological liar? She shows all the signs. I`ll explain on the other side.

(BEGIN VIDEO CLIP)

ARIAS: I wish that it was just a nightmare that I could wake up from.

UNIDENTIFIED MALE: Did you still love him?

ARIAS: Yes. I did.

UNIDENTIFIED MALE: Do you still love him now?

ARIAS: Yes. It`s a different love, but yes, I do.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

VELEZ-MITCHELL: Time for "Pet of the Day". Send your pet pics to hlntv.com/jane. Halloween blitz and Dr. Pepper out on the town, Wish I could join you. Maverick, he says I might join you for a little trick or treating. Shadow says no, I`m hanging by the pool. I`m not going out tonight. I`m just going to hang out here and just stay with Ruby. Look at Ruby with that beautiful, beautiful flower.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

MARTINEZ: I write right now that I love Travis Victor Alexander so completely that I don`t know any other way to be.

ARIAS: He was trying to court me back.

MARTINEZ: The reason you confronted him back in August of 2007 was because you were in love with him and you didn`t want to let him go.

ARIAS: But I was in love with him.

(END VIDEO CLIP)

VELEZ-MITCHELL: Jodi`s handwriting in these journal entries looks like it`s from a little girl although she`s got pretty good handwriting. Did Martinez prove that Jodi was a jealous ex-girlfriend who viciously killed Travis because she had been rejected or might this evidence have backfired and showed that Jodi was in love with Travis and therefore, never intentionally would want to hurt him?

Let`s debate it with our fantastic panel starting with criminal defense attorney, Randy Zelin.

ZELIN: I have to say, to me it demonstrates the love that she had for him, the conflicted feelings that she had. She`s all over the place. When you take that love and you put that up against a viciousness of what happened to Travis, there`s only one explanation -- she was a battered woman who snapped.

VELEZ-MITCHELL: Stacey Honowitz, Florida prosecutor.

STACEY HONOWITZ, FLORIDA PROSECUTOR: Listen, I believe the complete opposite. She`s manipulative. She`s cocky. You see it on the stand today. You saw the complete other side of her. She`s capable of doing what she did because she did it and we see the forensics.

And Juan Martinez was brilliant in bringing out the past history of her going to an ex-girlfriend. She thought she was being cheated on. She went to that girl. She drove an hour and a half to find out why he was cheating. It was obsessive love to the point where she couldn`t let him. He blew her off, and she killed him.

VELEZ-MITCHELL: Dana. Dana.

SWICKLE: Yes. You know, listen, when you find out your boyfriend`s cheating on you, yes, of course you`re going to confront the other woman. She`s not the first woman who`s ever done this. And quite frankly, when she went to go confront the other woman, there were no fireworks. She didn`t kill her. She didn`t touch her. She didn`t beat her up. There`s no testimony that anything bad happened. Of course, she`s going to do something like that.

VELEZ-MITCHELL: Jordan?

ROSE: The prosecutor brought out the fact that this is a psychotic woman and her MO was basically if I can`t have him, no one can.

VELEZ-MITCHELL: More on the other side. Is she a pathological liar? What are the signs?

(COMMERCIAL BREAK)

VELEZ-MITCHELL: I want to thank our fantastic panel. Tomorrow join us right here, 7:00 p.m. Eastern on HLN. We`re going to take the highlights or the lowlights, all of the testimony of Jodi Arias, direct and cross and analyze it from a sexual perspective with a sex expert. Boy, do we need one with the pop rocks and the tootsie pops. I don`t know.

Let me say this about Jodi. If she is indeed a pathological liar, she shows the signs because she has an answer for everything. With pathological liars, the truth is a dead issue. They process information, they spit out whatever works. For them, the truth is whatever works for them. We can learn about liars from watching this case.

Nancy Grace up next.

END