Jodi’s Sworn Testimony: Gunshot first. As he was charging her (in “linebacker” fashion) the gun accidentally went off, hitting him in the right temple – but that did not stop him from continuing the attack.
* Medical examiner’s report says the brain was not penetrated.
* There are many instances of people who continued functioning after receiving a gunshot to the head, especially after being shot from any distance other than point-blank range with a mousy little .25-caliber gun.
State’s Theory: Gunshot last after he was dead (“coup de grâce”)
* Contradicts the State’s original theory of “gunshot first” which changed only after Jodi said that the gunshot was indeed first.
* Contradicts the evidence of blood coming from Travis’ right ear which could only have occurred while he was alive. (Prosecutor Martinez led the jury to believe it came from a stab to the chest, an anatomical impossibility.)
Dr. Kevin Horn and Det. Esteban Flores: Perjury?
Aug 2008 – Dr. Horn’s Medical Examiner’s Report: “The dura mater and the falx cerebri are intact” (indicating the brain was not penetrated.)
Aug 2008 – Det. Flores’ Supplemental Report: “The initial report from Horn was that the gunshot wound to Travis’ head would not have been fatal. The gunshot would have possibly disabled him temporarily.”
Aug 7, 2009 – Det. Flores’ testimony in pre-trial Chronis hearing: Based on conversations with Dr. Horn and from his own study of the scene, Travis was first shot. Flores repeated this theory of the crime in interviews and sworn statements to Jodi’s legal team.
Aug 8, 2009 — Judge Sally Duncan Ruling: “The State presented evidence that the victim was first shot on the right side of his head near his eye with a .25 caliber handgun and that the bullet lodged in his left cheek. This wound was not fatal and may or may not have rendered the victim unconscious. The victim did not remain unconscious based on the infliction of the other wounds and the location of blood spatter evidence in the bathroom sink and blood in the hallway.”
Jan 2, 2013 – Prosecutor Martinez’s opening statement: Gunshot last!!! Being unfortunate for the State that their very own evidence, proving that the gunshot was first, fit so closely with Jodi’s version of events, they had to change it at the eleventh hour if they were going to have any chance of convicting her and then killing her. (To hell with truth.)
Jan 8, 2013 – Dr. Horn’s testimony: Travis would have been incapacitated so gunshot had to have been last. Denied telling Flores otherwise. (When would a medical examiner ever become an expert on the effects of .25 caliber gunshots to the head? He examines people who, by definition, are always “incapacitated” and never sees the many who are possibly not.)
May 2013 – Dr. Horn’s testimony: Dura mater was not intact. “Typo” on ME report. (This is ridiculous because a “typo” is usually a one-word mistake. In this case, the remainder of the report supports the conclusion that the dura mater was not penetrated and Travis may have not been incapacitated. In what world is that a “typo”?)
May 2013 — Det. Flores’ testimony: He must have originally misunderstood Dr. Horn. (We must assume he also misunderstood the medical examiner’s written report.)
Could Travis have still been able to function after being shot in the head?
Here are some Internet quotes regarding the effectiveness (or, better yet, the ineffectiveness) of .25-caliber guns and their bullets:
* Colonel Jeff Cooper, one of the 20th century’s foremost experts on the use and history of small arms, once said about the little .25 caliber: “If you must carry a .25 caliber pistol, do not load it. For if you load it, you might use it. And if you shoot somebody with it, and they find out about it, they’re likely to be very upset with you.”
* “While a .25 ACP beats the heck out of not having a gun at all, it’s simply not adequate at stopping a determined attacker.”
* ”The people getting shot with these mouse guns aren’t typically incapacitated immediately, but linger and die in the hospital later on. Do you want to halt the threat now or later?”
* Or this: “We hear of an unfortunate woman who, during a nighttime asthma attack, confused the small handgun she kept under her pillow with an asthma inhaler and proceeded to relieve her symptoms. It was not a fatal mistake, partly because she used a 25 ACP, which everyone knows is not sufficient to clear sinuses.”
Round point vs hollow point bullets:
The gun stolen from Jodi’s grandfather’s house in late May 2008 was loaded with hollow point bullets. According to the State’s theory, Jodi removed these more powerful bullets and replaced them with the less powerful round point bullets. But the State gives no theory as to why someone plotting a murder would do such a thing.
For information about the difference between round and hollow point bullets, see this YouTube video.
The State also contends that the gunshot was last based on the fact that the bullet casing was found on top of a pool of coagulated blood. First of all, during such a violent event, there is no telling where a bullet casing might end up after the shooting. And is there any proof that those who found his body didn’t accidentally kick it (maybe with that unknown boot that left an unidentified bloody print at the scene)?