Sentencing and beyond- Jodi Arias General Discussion #1

[MeeBee]

I heard via Twitter it could be a complaint about Juan stating the "secret witness"'s name (Marc McG) in the courtroom, that it was probably filed by Wilmott, and that complaints like this are common and are looked into but the complaints don't necessarily have merit but have to be checked into. I haven't seen any info about the second complaint. Maybe something involving Alyce L?
Hopefully nothing will come of it. I suspect the killer's DT will try anything to smear Juan's reputation as well. It's how they roll, after all.

His name was already out there. And Juan did it on accident.

Do these people have nothing better to do? Isn't it exhausting trying that hard to ruin someone? This is getting a little obsessive.

 

[ElleElle]

Michael Kiefer ‏@michaelbkiefer · 2m2 minutes ago
State Bar of Arizona screening first of bar charges against #JodiArias prosecutor Juan Martinez. Defense bar preparing a second.
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Anyone know what this is about?

Perhaps when he was outside the court having photo ops, and 281129 wasn't? After that "incident", Juan went through another exit.

Either way, I don't think anything will come out of this, except a waste of time and money.

 

[geevee]

I'd think JM could lodge his own complaints against the defense, over the accusations that the prosecution messed with the hard drive and deleted thousands upon thousands of *advertiser censored* links and did who knows what other nefarious things with it - those charges are in a motion, with no evidence to back it up. JM went by the book in his prosecution, those guys threw every slanderous thing against the wall hoping a particle might stick.

 

[geevee]

William Pitts ‏@william_pitts · 4m4 minutes ago
State bar confirms there's an ethics complaint against Juan Martinez for conduct during the #JodiArias trial. #12news

William Pitts ‏@william_pitts · 3m3 minutes ago
my first jodi arias hashtag in a while. Let's see what happens to my twitter feed.

Troy Hayden ‏@troyhaydenfox10 · 13m13 minutes ago
AZ state bar just confirmed there an open investigation into conduct of pros Juan Martinez during #JodiArias trial.

Troy Hayden ‏@troyhaydenfox10 · 12m12 minutes ago
AZ bar would not talk about nature of investigation into #JodiArias prosecutor Juan Martinez, or who made complaint.

 

[geevee]

Troy Hayden ‏@troyhaydenfox10 · now29 seconds ago
Maricopa County Attys office on AZ Bar investigation of prosecutor Juan Martinez in #JodiArias case: "No comment. Routine defense tactic."
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By the way, the JA twitter search is hilarious today. Someone's even found her a personalized sweats wardrobe ("Owned by Juan Martinez, "Convict Property of Arizona DOC", etc). lol

 

[MeeBee]

Troy Hayden ‏@troyhaydenfox10 · now29 seconds ago
Maricopa County Attys office on AZ Bar investigation of prosecutor Juan Martinez in #JodiArias case: "No comment. Routine defense tactic."
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By the way, the JA twitter search is hilarious today. Someone's even found her a personalized sweats wardrobe ("Owned by Juan Martinez, "Convict Property of Arizona DOC", etc). lol

If anyone is thinking Juan will be disbarred over this (as SW wrote on FB) they're high.

 

[RickshawFan]

Michael Kiefer ‏@michaelbkiefer · 2m2 minutes ago
State Bar of Arizona screening first of bar charges against #JodiArias prosecutor Juan Martinez. Defense bar preparing a second.
----

Anyone know what this is about?

ALV? This would be the grand opportunity to make her perjury public! This would backfire like a ton of bricks:all those media outlets reviewing her live testimony, and the revelations about Willmott doing workshops side by side with ALV et al.

I would guess Willmott, too, for the comment JM made about not wanting to be married to her. But a panel of attorneys might easily agree with JM on this one?

 

[RickshawFan]

Perhaps when he was outside the court having photo ops, and 281129 wasn't? After that "incident", Juan went through another exit.

Either way, I don't think anything will come out of this, except a waste of time and money.

That would backfire big time, since the DT was photographed doing exactly the same thing.

 

[Caylee Advocate]

 

[CuriousPortlander]

In response to this post:

I have no doubt at all that she has always remembered every second of that day. I'm willing to bet that she in fact treasures her murder memories, and that she has spent many hundreds of hours in her jail cell recalling how good it made her feel to make Travis suffer.

I was shocked when she admitted the obvious at sentencing, but that's only because I thought she was incapable of telling the truth about anything, whatever the twisted reason for doing so.

Could someone please explain how her foul splutterings at sentencing could possibly hurt her direct appeal? Or her chances of post-conviction relief? What would the legal basis be for having them come at all anywhere along the line?

I don't see it. Am I missing something?

(BBM)

this was posted:

Well, she blew her "fog" defense out of the water. It's a further admission of guilt to recall the act of the murder itself. She can no longer claim Travis was so abusive he scrambled her brain and caused this PTSD fog, nor mental illness that caused it, nor the trauma of the murder itself causing her to blackout. It speaks to premeditation that she knew what she was doing every step of the way including her post-murder actions in the desert, like calling his voice-mail, to leave an alibi like she thought he was alive. I think her true motive in the sentencing phase was to stick the proverbial knife in the Alexander family's heart by claiming he was still conscious. Plus the bad-asses in Perryville like Shawna Forde got wind of it.

IANAL, but from what I understand, what she said during sentencing has no effect on the appeal process:

An appeal is a review of a judgment or order of a trial court or administrative tribunal. The appeals court hears no witnesses and does not determine facts. Its review is generally limited to alleged errors of law or fact determinations that allegedly are not supported by any evidence. The Court of Appeals can only consider appeals within its jurisdiction, as prescribed by the Arizona Legislature. The court can consider only those judgments, orders, and other matters that, by statute, are appealable. Thus, not every order or decision can be appealed.

Source: https://www.appeals2.az.gov/FAQs.cfm

And this:

Their decision will be based purely on legal grounds, such as, did the judge correctly apply the law to the facts?

And I don't think it would have an effect on a PCR, either, since it wouldn't change the outcome:

1. What is the difference between a direct appeal and a petition for post-conviction relief?
   
   Remember that a direct appeal was limited to issues raised to the trial court? And, that the direct appeal went to a panel of appellate judges? Those are two key differences between an appeal and a PCR. In a PCR, we are looking for issues that were not litigated in the first go-around. When we have those, we take them right back to the trial judge who handled the trial.
   
   
2. What kinds of issues do you raise in a PCR?
   
   There are three issues that regularly appear in PCRs, although there are many grounds available. One is
   newly discovered evidence. For example, sometimes a witness really does come forward after a trial, with testimony that would have made a difference. Another common issue is a change in the law. Once in a while the courts change their minds about a legal issue, and sometimes defendants who were subjected to the old rule can ask for relief. A very common issue is that of ineffective assistance of counsel. This means that the defense lawyer made a mistake that affected, or probably a
   ffected, the outcome of the trial.

Source for last two quotes: http://www.dkwlawyers.com/articles/Arizona%20criminal%20appeal%20and%20PCR%20process.pdf

Hope this helps.

 

[geevee]

In response to this post:



(BBM)

this was posted:



IANAL, but from what I understand, what she said during sentencing has no effect on the appeal process:



Source: https://www.appeals2.az.gov/FAQs.cfm

And this:



And I don't think it would have an effect on a PCR, either, since it wouldn't change the outcome:



Source for last two quotes: http://www.dkwlawyers.com/articles/Arizona%20criminal%20appeal%20and%20PCR%20process.pdf

Hope this helps.

Thanks for this; while I was reading the JA twitter search there were quite a few mentions/post copies about her 'defense fund', saying the first two appeals likely won't help her which is why they need to raise money for a private attorney, my question is - if she has these two appeals (paid for by the State) and is denied on both, what good would another attorney be? I thought the two you listed were the extent of her appeals?

 

[CuriousPortlander]

Thanks for this; while I was reading the JA twitter search there were quite a few mentions/post copies about her 'defense fund', saying the first two appeals likely won't help her which is why they need to raise money for a private attorney, my question is - if she has these two appeals (paid for by the State) and is denied on both, what good would another attorney be? I thought the two you listed were the extent of her appeals?

You're welcome!

I believe that the appeal paid for by the state is to the Arizona Court of Appeals. I think if that fails, she can hire an attorney to file an appeal with a higher court (Supreme Court?). I'm not sure on this, but I think that's the way it works.

 

[Steve44]

I too am not convinced they had sex that day. I also think the "sex tape" was cut and spliced to fit the killer's needs. Something about that recording is just "off" to me. That coupled with the fact that the phone was "lost" makes me think it was another of the killer's manipulation of evidence.
Looking back at her testimony, she appears to be so proud of herself when she professes that sure, she had lied so many times in the past while awaiting trial, but now, on the stand, she is telling "nothing but the truth", & then continues her lies throughout her testimony. What a phony! Did she really think she was absolved of her lies and the jury, Juan, or that anyone would believe her? Well, yes, she did because she thought she was smarter than everyone. And that we all know backfired big time.
CMJA is a dangerous, evil woman and is exactly where she needs to be...locked up forever.

I never understood this line of reasoning. JA and TA's most recent interaction prior to 6/4/08 was of the nature of a major falling-out in which the dark underbelly of their relationship was finally brought to the surface by TA and presented to JA as the truth of what she was to him, and the rest of the world.

JA was (is) manipulative by nature, and they spent close to 12 hours together that day. Sex was a major part of her manipulation of TA throughout their relationship, and it only stands to reason that sex would play a major part of her manipulation in this last chapter. What better way to gloss over the truth that had finally been acknowledged than to cover it up with the most effective method available to her? Combined with promises and capitulation and she'd have TA right back where she wanted him, vulnerable and trusting one more, final, time.

 

[Steve44]

I would guess Willmott, too, for the comment JM made about not wanting to be married to her. But a panel of attorneys might easily agree with JM on this one?

"We find no merit in the accusations of Ms. Wilmott, but much to recommend in the sentiments of Mr. Martinez."

 

[Caylee Advocate]

In the comment section below the story, GB from the UK is accused of sending a complaint to the bar, and further down, he actually owns the accusation. PATHETIC!!!!!




http://www.abc15.com/news/state/ari...t-prosecutor-juan-martinez-in-jodi-arias-case

 

[FelicityLemon]

Troy Hayden ‏@troyhaydenfox10 · now29 seconds ago
Maricopa County Attys office on AZ Bar investigation of prosecutor Juan Martinez in #JodiArias case: "No comment. Routine defense tactic."
---

By the way, the JA twitter search is hilarious today. Someone's even found her a personalized sweats wardrobe ("Owned by Juan Martinez, "Convict Property of Arizona DOC", etc). lol

Man, that Juan Martinez is professional and does it with class all the way. That's just one of the reasons why we respect him.

 

[Steve44]

In the comment section below the story, GB from the UK is accused of sending a complaint to the bar, and further down, he actually owns the accusation. PATHETIC!!!!!
http://www.abc15.com/news/state/ari...t-prosecutor-juan-martinez-in-jodi-arias-case

He spends his time alerting the State Bar in another country
about alleged activities of a prosecutor he likely has no real way of actually being aware of...I think GB has gotten himself hopelessly and fully lost on his pitiful journey to relevance...

 

[Steve44]

Man, that Juan Martinez is professional and does it with class all the way. That's just one of the reasons why we respect him.

I think that's it in essence. His methods may not have universal appeal, but his focus is always on truth, and his goal is always justice. In addition to that, he's humble enough not to get in his own way, which I think is what wins many people over in spite of his unapologetically bold approach to his craft.

 

[deedee21]

He spends his time alerting the State Bar in another country
about alleged activities of a prosecutor he likely has no real way of actually being aware of...I think GB has gotten himself hopelessly and fully lost on his pitiful journey to relevance...

Sounds like Mr. London Fog is trying to deal with his own alternate reality. Pathetic is right.

 

[Steve44]

Sounds like Mr. London Fog is trying to deal with his own alternate reality. Pathetic is right.

London Fog, LOL