Thursday, March 21, 2013

Jury Questions for Dr. Richard Samuels

105 jury questions over two days with relevant comments transcribed from the video and numbered in the order as they are read by Judge Sherry Stephens (beginning at 0:01:43):


Day 35 - Part 1
video: Jodi Arias trial videos from @croakerqueen

Ladies and gentlemen I am going to be asking the juror questions you submitted in the order you submitted them.

1. Are you only allowed to testify about a client's conversations with their consent? (0:02:02)

2. In the fight or flight scenario does the body choose either to fight or flee? (0:02:35)

3. Can both occur at the same time? (0:03:00)

4. Can memories blocked in a fight or flight event return over time or are they forever lost? (0:03:35)

5. How can we be certain that your assessment of Miss Arias is not based on the lies that she has admittedly made over the years? (0:04:20)

6. Did you use hypnosis on Miss Arias to attempt to recover her memory? (0:05:15)

7. To your knowledge did anyone else use hypnosis on Miss Arias to attempt to recover her memory? (0:05:22)

8. During the fight or flight reaction do you believe it is possible that these memories do in fact exsist? (0:05:30)

9. If someone with that experience could draw from photos, journals, videos and other methods, could they not extract some old lost or forgotten memories? (0:05:57)

10. Are there other psychologists or doctors in your field who have differing opinions on the items you testified about or is there 100 percent consensus in your field? (0:07:00)

11. I believe you said acute stress disorder can be diagnosed within two months of the stress event and you also said you diagnosed Miss Arias with this, yet you didn't have your first discussion with her until 2009 more than 6 months after the event. Please clarify. (0:07:57)

12. On what dates Miss Arias did take the test? (0:10:20)

13. Can you be sure Jodi is not lying to you about the events on June 4, 2008? (0:10:35)

14. Would the shutdown of the hypocampus be affected by the level of control an individual has over the traumatic event? For example, a soldier intentionally bursts into a room to kill an individual versus an individual jumps out at a soldier on routine patrol? (0:11:19)

15. Regarding the events of June 4, 2008 do you feel Jodi had surpressed memories or are they missing entirely?  (0:12:32)

16. If you feel she had surpressed memories did you try hypnosis? If not, why? (0:13:11)

17. As a professional what steps do you take to assure yourself that someone has truly lost their memory or surpressed their memeory as opposed to simply lying about an event? (0:14:05)

18. Do you feel it is possible for an individual to fool professionals into believing they have suffered post traumatic stress disorder or acute stress disorder? (0:15:12)

19. To your knowledge was Jodi tested more than once on any given test? (0:16:48)

20. When you meet with someone are you able to definitely tell when someone is lying or telling the truth or is it based on your perceptions? (0:16:57)

21. You stated she never said a negative thing in her journal yet she made statements like she wishes suicide was a way out but there is no escape and said of Travis that he makes her sick and happy, sad and miserable.  Are those considered positive statements? Referring to exhibit 510. (0:17:32)

22. Are there other disorders in the DSM 4 book that would list the same or similar symptoms or experiences? (0:18:48)

23. Is there any science to explain why some people can recall events and others can not when involved in a stressful moment? (0:19:41)

24. How do you ask you questions when interviewing an individual? Do you ask leading questions, such as do you experience memory loss or do you have nightmares? (0:20:36)

25. You previously said 3 to 8 out of 100,000 people experience transient global amnesia now you say 3 to 8 percent which is significantly higher. Which is correct? (0:21:10)

26. You said transient global amnesia can be caused by sexual intercourse, immersion in hot or cold water and a number of other things. Is the list you presented all inclusive or could it also be caused by something such as the trauma of associated with getting a bad haircut for example? (question from Juror #8) (0:21:20)

27. Is Miss Arias taking medication to treat this terrible PTSD disorder? (0:22:30)

28. Regarding the Time article referenced in your presentation, the second bullet point highlights an officer's decision making process shutting down as an example.  If the decision making process shuts down how did Jodi get so much done the day that Travis was killed? (0:23:27)

29. Did you diagnose any conditions that were not covered in your testimony? If so, what are they? (0:24:52)

30. When you used the word "appears" in your explanations about patient condition does that mean you are not 100 percent sure? (0:25:34)

31. Are your opinions based on what a patient tells you about what happened to them? (0:27:00)


32. In an extreme shock event where the hypocampus blocks the forming of memories can the brain still function to make a rational decision during that time? (0:27:33)

[prosecution objects during answer, sidebar, objection sustained and next question is read]

33. When discussing intrusive thoughts, did you use the term "actors"? If so, what did you mean by "actors"? (0:28:40)

34. Regarding the tremors or shakes you witnessed with Jodi, how can you tell it is caused by PTSD or memories rather than fear for herself and her future? Fear of being found guilty.  (0:29:30)

35. Did you see Jodi shaking before she ever mentioned it to you? (0:30:40)

36. Are the actions a person performs while the hypocampus is overwhelmed by a severe trauma the auto-pilot non-reasoned reactions or choices? (0:31:38)

37. Are actions while in this state generally reflective or consistent with one's core personality? (0:32:00)

38. Can these actions be extreme opposites to that? For example, a mild pacifist person becomes a violent, brutal person. Can the mind choose when the hippocampus is overwhelmed? (0:32:58)

33. In the process of killing someone isn't it possible, even probable that adrenaline output would increase whether someone was in fight or flight mode or in the act of a premeditated killing?    (0:34:05)

[prosecution objects, defense asks to approach, sidebar, Judge tells the witness that she is going to repeat the question and says "the question is a 'yes' or 'no' question" and repeats the question)

34. If not, why? Without referring to this case. (0:37:11)

35. You have compared Jodi's PTSD multiple times to that of police officers and soldiers. Do you think that is a fair comparison since police officers and soldiers kill as part of their job and duty? (0:37:48)

36. Is there a diagnosis for selective amnesia? (0:39:20)

37. Would you continue to evaluate a person who was not being honest with you? (0:39:28)

38. Why didn't you readminister the test once Jodi admitted to killing Travis? (0:39:58)

39. It seems 25 to 30 hours is very inadequate to evaluate someone who has killed another person especially in such a traumatic way that Ms. Arias did and to diagnose her with PTSD. Wouldn't you agree that this amount of time was inadequate to accurately evaluate and diagnose Ms. Arias? (0:40:42)

40. Is the MMPI test utilized for any other uses other than therapy? For example, is it validated for specific job requirements? (0:41:46)

41. Referring to Jodi's diagnosis for PTSD, when did you catch the errors on your report? (0:42:30)

42. Do you feel those were big errors? (0:43:05)

43. You said on re-direct that Ms. Arias remembers the beginning of the attack and then the end of the attack, therefore she would have a memory of events after the attack ended such as cleaning up the scene, deleting photos from the camera, putting the gun in the car and so forth, correct? (0:43:27)

44. Can the acute stress occur if someone plans to kill versus defending themselves when in danger? (0:44:34)

(witness asks for Judge to repeat the question and she does, prosecution objects as the witness answers, judge sustains and asks "Can you answer 'yes' or 'no'?", witness asks for the question to be repeated)

45. Do you often make mistakes in your reports when you do evaluations? (0:45:20)

46. Can you tell us where Jodi said she was when she was coming out of her fog after the killing? (0:45:30)

47. You seem to have several issues with omitting or forgetting to include information. Do you think that it is important to have an accurate and complete report for a trial like this? (0:45:55)

48. Why didn't you complete a new PDS after Jodi changed her killing story? If her answers were based on an intruder story, how can you say with certainty that she has PTSD if her answers are fictious? (0:46:08)

49. Do you consider yourself an impartial third party in this case? (0:47:22)

50. Do you always develop such a fond relationship with the individuals you evaluate? (0:47:30)

51. Do you still think that it was appropriate to purchase a gift for Jodi while evaluating her or do you feel you stepped over an ethical boundary? (0:47:41)

52. For the D2 criteria example you mentioned a phone call between Jodi and her mom. Can you explain what happened on that call and how it fit into that criteria? (0:48:24)

53. Would anyone having an argument over the phone with a parent fit that criteria? (0:48:55)

54. In your professional opinion, do you think that someone who is able to confront their boyfriends and the women that they are cheating with display assertive behaviour? (0:49:19)

55. Do medications cause any of the various amnesias you described? (0:50:05)

56. Since you did not meet with Jodi until December 2009, isn't it fair to say you are not 100 percent sure that Jodi suffered from acute stress? (0:50:50)


57. Under cross examination you admitted that Jodi having anal sex was relevant to your diagnosis and then under redirect you stated it was not relevant. How do you account for this inconsistency in your testimony? (0:51:11)

58. When a patient or client changes the story, misrepresents or does not necessarily tell the truth to you does it raise a red flag? (0:51:58)

59. Sending a self-help book does not seem that it would ensure the success of an evaluation but would help to ensure the success of therapy. Would you concur? (0:53:30)

60. You said on redirect that if someone is making up a story, their story tends to be consistent. Is that correct?   (0:54:30)

61. If so, then if Miss Arias is making up a story currently, wouldn't it make sense that her story is consistent? (0:55:30)

(witness asks for this to be repeated)

62. You stated that you reviewed interviews with Jodi's family and friends as part of her evaluation. Who conducted those interviews? (0:56:30)

63. Are there validity scales on the PDS test? If so, were Jodi's validity scores out of the normal range? (0:56:48)

64. Does your code of ethics or any other guideline explain what you are to do if you believe someone to be suicidal or a potential harm to themselves? If so, what are those guidelines? (0:57:00)

65. Can you review your notes regarding Jodi being tied up by her hands and feet and Travis climaxing as he cut the rope. Was this the day of the killing? (0:57:54)

66. Why do you believe Miss Arias' self esteem was very low early on in her relationship with Travis since this is well before the time period that you evaluated her? (0:58:10)

(noon recess is called after witness answers this question, juror can be heard laughing before door closes. Was this Juror #5? Chris Williams @chriswnews tweets: "Female #JodiArias juror lets out loud cackle as juri leaves #Arias ctroom for lunch")


Day 35 - Part 2
Jodi Arias trial videos from @croakerqueen

Dr. Samuels, I'm going to continue to ask questions posed by the jury.

67. In your years of experience wouldn't you say low self esteem is quite normal in the general population? (0:00:22)

68. How do Jodi's test results go toward her diagnosis of PTSD if she was still telling the intruder story at the time of the test? (0:00:54)

69. Within the norm population used for a given test, if a segment of those individuals were to lie could that cause a loophole, for lack of a better term, in that test that could possibly allow a client taking that test to lie without detection? (0:01:27)

70. Is there an assumption that those in the norm population are answering truthfully? (0:02:40)

(witness asks for the question to be repeated

71. Isn't it possible that a hypothesis formulated early on could skew results when tests are evaluated by the same individual that formed that hypothesis? (0:03:03)

72. Could that hypothesis effect or color how the evaluator reads or interprets tests, answers in interviews, interprets crime scenes etc.? (0:04:30)

73. Based on the disassociative amnesia article would you agree that 3 to 8 people out of 100,000 people studied is a very minute number? (0:05:40)

(prosecution objects during answer, sustained)

74. Regarding the fight flight response by Jodi on June 4 was there ever any discussion between you and Jodi regarding her response and why she did not flee from the bedroom? (0:06:00)

75. Is it your normal practice to fill out the answers on the questionairre for those you are evaluating? (0:06:38)

76. Do you have any concerns with errors or incorrect responses? (0:06:54)

77. If a patient you saw consistently lied and kept to that story then answered a test or series of questions based off of the story the client believed how could that test reveal that they are lying especially if that person remained consistent within the series of lies? (0:07:00)

*78. You stated that Jodi answered #13 on the PDS test the way that she did because of repeated physical and emotional abuse from Travis and she explained this to you in your session after she took the test. When she took the PDS test wasn't she still telling the intruder story and had not told her story about Travis' abuses yet? (0:08:12)

79. Are questions #16 through #21 on the PDS test based on the event listed in question #14 and the time frame in question #15 which would be the intruder story from 6 months to 3 years ago? (0:08:42)

80. If yes, this event never happened so those answers #16 through 21 are based on a fictious story, is that correct? (0:09:00)

81. Are these questions #16 through 21 part of the overall score to determine whether Jodi has PTSD or not?  (0:09:11)

82. Do you feel comfortable with diagnosing a person with a condition if they continually lie to you, hypothetically speaking? (0:09:22)

(prosecutor objects during witness' answer, judge overrules, witness asks for question to be repeated)

83. Regarding question number 29 on the PDS test not being able to remember an important part of the traumatic event Jodi scored this a 1 indicating this doesn't bother her often.  Considering that she killed Travis and claims significant memory loss during the event doesn't it seem inconsistent this wouldn't bother her significantly? (0:10:12)

84. Given that the Time article mentioned that homocide suspects have reported memory loss is it possible that a person can plan and carry out a murder and still suffer memory loss, acute stress disorder or post traumatic stress disorder? (0:10:55)

85. Even if intentional isn't it possible the event would still be considered stressful? (0:11:15)

86. If Jodi was in fight or flight mode when she ran out of the bathroom why would she run into the closet and corner herself? (0:11:28)

87. Wouldn't someone in fight or flight mode want to get away from the danger? (0:11:53)

88. Would they want to get help from someone? (0:12:05)

89. Are you able to state that Miss Arias had either PTSD and/or acute stress disorder before the incident on June 4, 2008? (0:12:57)

90. Would someone who plans to kill another and does be less likely to suffer acute stress than someone who kills an individual accidentally? (0:13:47)

91. Is it possible that Jodi didn't write negative things about Travis because there was nothing negative to write? (0:14:50)

92. If one has supressed feelings repeatedly would it be a natural reaction once the dam breaks, for example a gunshot that hits Travis, for all the repressed feelings to express themselves and carrying that violence to the extreme over all the stab wounds? (0:15:33)

(witness asks for question to be repeated, judge repeats the question)

93. If something is premeditated is amnesia more or less likely to occur? (0:16:25)

94. You stated that Jodi did not have control of what her mind was doing during the killing. If that is true, how do you explain her dragging Travis' body and trying to clean up the crime scene? (0:16:32)

95. In earlier testimony you stated that once you found out the true story you should have retested for PTSD but didn't because it was an oversight. Just now you said you didn't retest because you belived her score would remain the same. Which is correct? (0:17:20)

(prosecutor objects when witness says something about the prosecutors questioning, judge sustains, witness continues)

96. Was there anything in the book you gave Jodi that would alter her responses to test questions or your questions? (0:18:35)

97. How can you be sure that Jodi did things to please Travis when you didn't have a chance to speak to him? (0:18:44)

(witness asks for question to be repeated, judge repeats the question)

*98. How do you know that she didn't kill Travis out of jealousy? (0:19:24)

99. Are acute stress and PTSD the only diagnoses that would present the criteria in the DSM 4 book or do those criteria appear in other possible diagnoses? (0:20:11)

(Judge says, "It appears there is one additional question in the basket, are there any others? Counsel please approach...", after sidebar judge reads another question)

100. You just stated that Jodi's physiological symptoms did not appear until after the event on June 4, 2008. Did she ever talk about those type of symptoms occuring prior to June 4, 2008? (0:22:05)

Follow up from the defense...

After defense and prosecution follow up there are More Jury Questions For Dr. Richard Samuels on March 25.

See Jury Questions in the Jodi Arias Trial for more information.

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