Alyce LaViolette Day 44




Conclusion of redirect

JW: “Let’s talk about stalking. You were asked a lot about stalking, right?”
AL: “Yes”
JW: “Can you explain what stalking is in a clinical sense?”
AL: “Stalking is a pattern of behavior that causes fear in someone else. It can be a short pattern, that causes not only fear, but a reasonable person would see this as problematic, and you read about stalking, stalking is not my area of expertise, but I have worked with people who have been stalked, and there are many ways to stalk people, you can use GPS, you can use computers, you can use “following people”, you can use a term called “gas lighting” in their home, people who move things around in someone’s home and leave their home, in one case that I worked on a man put a fake bomb in front of his girlfriends house. What I think that is important about stalking is that it frightens people, and the people who are stalked that I know, have gone to the police, they get protective orders, some people have moved their home, there is a lot of active behavior, but not a behavior to connect with their stalker.”
JW: “You were asked questions about instant messages between Mr. Alexander and Regan Housely, do you remember that?”
AL: “Yes”
JW: “And I think we heard several times today about Mr. Alexander claiming he was extremely afraid. During this same conversation was he also joking with her?”
AL: “Yes”
JW: “And do you know that from the words that were contained in this instant message?”
AL: “Yes”
JW: “And some of the characters that people write to say that they are joking?”
AL: “Yes”
JW: “And this is all in the same conversation that he is supposedly talking about being extremely afraid?”
AL: “Yes”
JW: “And during the time he is having this conversation with Mrs. Housely about being afraid of being stalked, did you look at other instant messages that were going on that same day?”
AL: “Yes”
JW: “And this day was May 19, 2008, correct?”
AL: “Yes”
JW: “And after complaining about being stalked by Ms. Arias, isn’t he also instant messaging with Miss Arias that same day?”
AL: “Yes he is”
JW: “And isn’t he instant messaging with Ms. Arias several times that day?”
AL: “I don’t remember how many times, I would have to be refreshed.”
JW: “Okay”
JW: “This is exhibit 619 with instant messages between Mr. Alexander and Ms. Arias. Can you see May 19.th. on the top?”
AL: “Yes”
JW: “And can you see there are different times of these instant messages between the two?”
AL: “Yes”
JW: “So in other words, are they having conversations with each other on the same day he is saying she is stalking him?”
AL: “Yes”
JW: “Is that the behavior of someone who is being extremely afraid, does it support that verbage at all?”
AL: “It doesn’t seem to support that verbage at all.”
JW: “What about, on this very same day, is he also having instant messaging with another woman?”
AL: “A woman by the name of Nicole, I believe”
JW: “Yes, so on the nineteenth as far as the written evidence, the evidence you have in front of you, he is talking to three different women?”
AL: “Yes”
JW: “You asked questions about this supposed stalking behavior on the 19.th, but you were also asked about this behavior starting months before?”
AL: “Yes”
JW: “So let’s look at the months before to see if Mr. Alexander’s behavior in any way supports the verbage, okay?”
AL: “All right”
JW: “So we talked about, I think you mentioned January 1 2008. Does Mr. Alexander send a text message that day?”
AL: “Yes”
JW: “Does he say that he loves her?
JM: “Objection, hearsay” (overruled)
JW: “So when he tells her that he loves her, Mr. Alexander is making the initial contact, is that right?”
AL: “Correct”
JW: “And then Ms. Arias reponds to him in a nice manner?”
AL: “She says she loves him too”
JW: “Is that in any way behavior that supports him being afraid of her?”
AL: “Not that I can figure out”
JW: “Are you also aware of the fact that he took her to have his ´soup high´”?
AL: “Yes”
JW: “And he also took her on a trip with him, in September 2007, do you remember that?”
AL: “Yes”
JW: “And did they take another trip together in November in 2007 to New Mexico?”
AL: “Yes they did”
JW: “Is that behavior suggestive he is somehow afraid of her?”
AL: “No, that does not suggest he was afraid of her”
JW: “Throughout the written items that you have regarding instant messages, … Let’s forget about the journals we have from Ms. Arias, Okay?”
AL: “All right”
JW: “Just these conversations we have between Mr. Alexander and Ms. Arias. Is there a constant line of communication between them, that you know of, from the time the text messages start, from December of 2007 to June 2008?”
AL: “Yes there is”
JW: “And is that consistent with what Ms. Arias told you?”
AL: “It’s consistent with what she told me”
JW: “The fact that we know that just 9 days prior to May 19.th. so on May 10, 2008, did you listen to a phone sex-tape recorded on May 10?”
AL: “Yes I did”
JW: “And that tape is between Mr. Alexander and Ms. Arias, right?”
AL “Correct”
JW: “In fact you were asked questions about how sometimes the spoken word can be better than just the written word, right?”
AL: “Yes”
JW: “Do you remember that line of questioning?”
AL: “Yes”
JW: “Well in this sense, the spoken word, even if it is only one item of spoken words, you can listen to Mr. Alexander’s voice, right?”
AL: “Yes I can”
JW: “And during this sex-tape that he makes with her 9 days before saying he is afraid of her … does he sound afraid at all?”
JM: “Objection this sex-tape ´he´ makes with her.” (sustained)
JW: “Did you listen to it and hear Mr. Alexanders voice. Were you able to hear his words, and the things that he said?”
AL: “Yes I was”
JW: “Were you able to hear his tone of voice?”
AL: “Yes”
JW: “And were you certainly able to hear the content of what he was saying?”
AL: “Yes”
JW: “And in any of this, in this tape that you listened to, does it ever sound like he is afraid?”
AL: “No”
JW: “Does he ever say anything to Jodi on the tape like ´I don’t want you to be near me´?”
AL: “No”
JW: “Does he ever say anything to her about ´stay away from me´?”
AL: “No”
JW: “Does he ever say to her ´You are stalking me, get out of my life´?”
AL: “No”
JW: “In fact do they have a conversation about the fact that she is going to Utah?”
AL: “Yes”
JW: “And do you remember that the time they are talking about her going to Utah, that Mr. Alexander immediately said ´well, what are you going up there for?´?”
AL: “Yes he did”
JW: “And specifically, did she ever tell him about Ryan Burns, on this particular tape?”
AL: “No”
JW: “Did she talk about just going to see friends?”
AL: “Yes”
JW: “Cause that is not taunting him, right, she is not telling him anything about other men or potential other men in her life?”
AL: “None in this tape, no”
JW: “Do you remember reviewing text messages between Mr. Alexander and Ms. Arias, that at one point Mr. in these text messages, Mr. Alexander is saying, ´come on in, let yourself in´?”
AL: “Yes”
JW: “And that it is obvious from those messages that he is inviting her to just come in to his house?”
AL: “Yes, to have some guacamole”
JW: “Is that the typical behavior of someone being afraid of being stalked by that person?”
AL: “No”
JW: “Do you remember viewing text messages prior to May 19th. that Mr. Alexander send specifically to Ms. Arias, that she was the prettiest girl he knew?”
AL: “Yes”
JW: “And that he talked about her looks on the outside, but her looks on the inside as well?”
AL: “Yes he was comparing her to other women in the ´Club´ that he was at”
JW: “And was it a very flattering email?”
AL: “Yes it was”
JW: “But it wasn’t sexual at all?”
AL “No it wasn’t”
JW: “So was it just a flattering email on her personality itself?”
AL: “Yes”
JW: “Is that typical of someone who was afraid of her would have done?”
AL: “No”
JW: “What about, when Ms. Arias comes to his house, on June 4.th. and they fall asleep together, do you remember that information?”
AL: “Yes”
JW: They fall asleep together, and then they wake up and he takes pictures of her, right?”
JW: “The fact that he would fall asleep, and allow someone who he is supposedly afraid of, sleep next to him, is that typical of someone that is afraid of someone sleeping next to them?”
AL: “No”
AL: “Well. If you are talking specifically about Mr. Alexander’s fear, because if you are talking Ms. Arias, she is also sleeping next to him. Now what I would say about that is that, for the most part people being abused aren’t afraid all of the time, they tend to get scared when they see an indication that the other person is getting upset, either by tone of voice, or by their look, their behavior, but they are not always afraid, so I wanted to clarify that.”
JW: “And does this go to some of what you were asked on cross about the difference between stalking behavior versus domestic violence relationship?”
AL: “Yes, and if the stalking behavior is continued it is normally after the relationship has ended.”
JW: “You were asked questions about their relationship ending in June 29th. 2007, do you remember that?”
AL: “Yes”
JW: “After they broke up, the next day, was there contact that day?”
AL: “I do not recall”
JW: “Okay, within a week of that, was there contact between the two?”
AL: “Yes”
JW: “And was there continuing contact after that?”
AL: “Yes there was”