8 Mitigating Factors Proffered by Def Team

[LinTX]

First, al66pine, thanks for taking the time to lay these out and for the discussion. I wonder if the jury will do this kind of exercise, or will they take a vote first and find they’re in agreement? This list is pretty lame – that in itself should help them find a quick answer, but just wait until jaCK gets up there trying to manipulate them once again. Not to mention what JM’s rebuttal will be…

Interesting comments here, and I have to agree that the “totality of the mitigating factors … compared against the totality of the aggravating factors” should more than justify the DP. The list would be laughable if this wasn’t such a serious decision they have to make. Almost makes me wonder if the defense is offering it for defense against a future charge of ineffective counsel, rather than finding actual mitigations. They may have actually told her we don’t know of any, but let’s brainstorm to come up with something, just anything, to offer.

I would think it would be improper for defense to "guilt" or judge the jury in there decision making. They can ask that they show mercy and come back with a LWOP as a proper punishment.

I agree, although even mercy weighed against the brutality involved and her utter lack of mercy toward JA and his family during the trial would be a tough sell, I’d think? Can’t see how the defense could argue mental health, since they claimed PTSD/DV in their CIC and the jury didn’t buy it. Can’t switch to another BPD horse during this phase. As for arguing against the death penalty, the mitigating factors are about “any aspect of the defendant’s character, propensities or record and any of the circumstances of the offense” – not state law.

yes--agree! I also think she really did not try much to 'better herself'. She was a hs dropout and she didn't get her GED until after she was arrested and in jail for awhile.

She never tried to better herself, she tried to better her circumstances on the backs of other's efforts.

 

[Bernina]

1. Age = 27: 6 years older than the legal drinking age, 9 years older than the age one can serve for their country, be a "Legal Adult", get married w/o parental consent, smoke cigarettes, or vote, 11 years older than the age one can get a drivers license.

*FAIL*

2. Lack of Criminal History: Horrific nature of the murder negates previous lack or presence of criminal history

*FAIL*

3. A Good Friend: CMJA murdered her "Friend".

*FAIL*

4. Lacked Support from Family: Un-substantiated.

*Fail*

5a. Suffered Abuse & Neglect as Child: Un-substantiated.

*Fail*

5b. Suffered Abuse & Neglect as Adult: Un-substantiated.

*Fail*

6. Tried to Make the Best of her Life: How does her life at 27 years compare to your's, that of your friend's, or your own children's at age 27?

*Fail*

7. Consistently Tried to Improve Herself: She never continued, mastered or totally completed ANYTHING she started, except her GED.

*Fail*

8. Talented Artist: You have GOT to be KIDDING me! :floorlaugh: Some of the most intricate and outstanding artwork I have seen have been prison tattoos. And those criminals didn't get a "free pass" for their artistic talent.

*MAJOR FAIL*

 

[Alexander family fan]

Having had the weekend to search their hearts and minds, the jury will make short order of this. They will give her the death penalty as their verdict. I am certain of it.

Even if there had been one reluctant hold out, the victim impact statements sured up that person's mind. Once they voted guilty, premeditated, and especially cruel...the death penalty seemed perfunctory.

I believe they have been done with Jodi Arias for quite some time.

 

[lil_buddy]

Why 'artist' should not be a mitigating factor:

http://www.psychologytoday.com/blog/shadow-boxing/201301/literary-murderers

 

[lil_buddy]

6. Tried to Make the Best of her Life

Can someone explain to me what this means? Like what is the opposite?

 

[Bernina]

If anyone is going to save CMJAA, it's Darryl.
It is really compelling that she could be in a 4 year relationship and not display violence or abuse the child.

He knows she's nuts, tho.
Maybe he was too busy getting loaded all the time so he never understood to what extent.

I don't know. Maybe he's showing his face because he knows CKJA won't ever see the light of day, and if she HAD anything to blackmail him with, no one would believe her at this point anyway. If I were him, I would have washed my hands of the whole mess after I testified. Heck, I wouldn't have even testified! She threw him under the bus too! I hope his "stuck on stupid" has been cured. JMO

 

[sammijo]

I don't know which juror asked the question of CMA when she was on the stand but it still stands out to me and proves that she has zero remorse for what she did - It went something like this: (Oh, gawd - am I on the right thread for this?)

Juror question to JA: Something like
"If you were not arrested for murdering Travis, would you ever admit to killing him?"

JA response after a very long pause: "Uh, I don't know how to answer that"

She answered, paraphrased, that she didn't know if she would, not that she didn't know how to answer.

My thoughts on that are she didn't understand the question as it was asked. She is so self-absorbed, she thought they were asking about her "protecting" Travis' reputation, rather than her lying about killing him.

I don't believe ANY of the lies she told about Travis, but in her sick, twisted mind, she thought the juror was asking her if she would have "exposed" Travis, if she hadn't been caught. I don't think she realized they were asking her about her lies in relation to the murder.

Just like I don't think she understood the question that went something like this: wouldn't you say Travis was hurt way more than you and you made it out relatively unharmed the day of his murder? To which she replied, "that's relatively correct."

When it seemed crystal clear that the juror was pointing out to her that she suffered a little finger injury, while Travis suffered immensely at her hands before dying.

I think that more than anything showed how little value she placed on Travis life and suffering, and no remorse at all. It was truly cold.

JMHOO.

 

[shelley921]

6. Tried to Make the Best of her Life

Can someone explain to me what this means? Like what is the opposite?

to me it means you at least graduate from high school. then you go to college or learn some job skills - so you can make sure you are employable and able to support yourself. you don't abuses substances, tell lies, sponge off others, break the law or do other things that sabotage yourself and are self-destructive. the opposite of bettering yourself is worsening your chances of living a productive & meaningful life...my opinion only.

 

[bettybaby00]

Why do Mit/Factors Matter?


MITIGATING CIRCUMSTANCES
Pursuant to A.R.S. § 13-751, each death sentence must rest on two findings: proof beyond a reasonable doubt of at least one aggravating circumstance set forth in A.R.S. § 13-751(F), and a finding “that there are no mitigating circumstances sufficiently substantial to call for leniency.” A.R.S. § 13-751(E). Mitigation is defined by our statute as evidence relevant to “any aspect of the defendant’s character, propensities or record and any of the circumstances of the offense.”
(this from azcourts.gov link a few posts up)

Hey. folks, we're almost home.

what killed me was when JSS's outlined the procedure for this phase she stated, "you must weight mitigating factors versus aggrivating factors..."

and i thought...

"you in danger girl!"

:lol:

also, did i see someone mention something "bad" with regard to DB???? i was on my phone and maybe i misread it???

TIA

 

[Anbud]

6. Tried to Make the Best of her Life

Can someone explain to me what this means? Like what is the opposite?

From my view it means to make the best of your life is getting an education , a steady job . living your life to the best of what you can do. it does not mean living off others ,depending on others. what is the opposite? one do not slaughter another cause their own life does not live up to their expections. A person cannot force another to marry them,and slaughter the person when they say no thanks.women are strong today they are highly educated and can manage real fine without needing to marry a guy. if love comes around an educated woman earning her own money have a choice.

 

[Alexander family fan]

6. Tried to Make the Best of her Life

Can someone explain to me what this means? Like what is the opposite?

Chasing vampires with Bobby
and studying witchcraft with sure adds up to trying to better her life. :floorlaugh::floorlaugh::floorlaugh:

We know her converting to become Mormon was a joke. AFTER she was babtized into the faith she joked with Abe Albehati that she was "Dabling in Mormonism". Also when the female detective was asking her about her Mormon religion, the officer mentioned she did not know much about it, Jodi replied the most telling remark, "Religion is mainly platitudes anyway."

When she went to her Bishop to confess, she picked out a few things to tell that would embarrass Travis, but failed to mention she murdered him, so she sat there and lied straight faced to the BISOP! Why even go? Why make a mockery of the entire religion and try to play the Bishop? She may have well spat in his face.

There is no case to be made for her trying to better her life. If she wanted to better her life she would have never moved to Arizona. Rather, she would have got a student loan, went back to school, tried to intern with a professional photographer, sold her art at the local floral shop or whatever she had to do to get started just as most people do start in humble ways when they have a business venture. They don't bounce around from job to job and call their parents for money every week when they are in their late twenties for the love of God.

If she were trying to better her life, she would not have been so cruel as to torture the family by mailing a letter of lies, and she would not have tortured the dear sweet grandmother by the murderer of her beloved Travis sending her flowers. If she truly were trying to better herself, she could have pled guilty to murder one and took the sentence without a trial.....full allocution.

No one on the jury thinks for one second she has not lied throughout the trial, that is hardly trying to better oneself.

She will get the death penalty. as sure as the sun comes up in the morning. I believe the jurors understand the isolation that she will face on death row, and that is what everyone wants. No more holding court with her adoring fellow inmates, complete lockdown.

Before he starts even cross examining Patti, he will put up on the screen the pic of one of the days she was in court, laughing and cutting up with Jodi's mom ( who she will allege to be such an abuser of her friend) and showing that she flipped off Mr. Martinez http://t.co/BapHGHgNx3

As soon as the friend says one word about Jodi being abused as a child, that will open the door for Mr. Martinez to play the videos of the parents police interviews. As soon as the friend or Daryl say one word about Jodi having a good character, that will open the door to the long, long list of have you heards that JM will go through. Remember when he did that by plopping gruesome photos up on the screen when the defense witnesses were trying to be asked to say Travis was bad? Mr. Martinez said, well...did he deserve this? It was the throat slashed photo he showed to Lisa Andrews. Then he asked Leslie Udy...if you knew Jodi to be so kind, did you know her to say....
and he went into the sexual banter she had with Travis and lies she told Leslie and how Jodi manipulated her, knowing she had just murdered Travis, yet she was telling her about her plan for her and Travis' kids to play together. He is just going to have a field day with Patrisha Fawn Womack's dui arrests http://t.co/1wTuUhHCiz , all the money she has milked this for getting paid for interviews all over the place, then coming into court and wanting to hide her face. It is going to give him another opportunity to bring out the autopsy photos, and put those right back in front of the jury. :facepalm::facepalm: He'll ask Daryl, when she was getting the gas cans did you and your son realize she was on her way to murder someone and slit their throat from ear to ear. He will ask him, knowing what you know now, the truth about her, that she is a violent, evil , murderer, how much would you trust her around your son now?

The defense is dumb to put up these witnesses, KNOWING what Mr. Martinez is going to do. Much like every other witness they have called throughout the trial, this is going to backfire so much it will be tough to measure. It will seal her fate.
The photos again.

On the big screen.

If Jodi Arias dares to open her mouth to say she wants to beg for her life, baaaammm out comes the DVD of her recent interview, showing NO remorse, continuing to bash the victim she murdered AND saying she wants the death penalty. Then he will fast forward to the clip of her referring to her mother as a saint, that she does not deserve. The same one the friend just testified was the abuser. You honest to God just can't make this stuff up!!! Juan Martinez is going to have a field day.

We know Juan Martinez. He's ready!!!!!
She is getting the death penalty alright.

 

[deb2e]

6. Tried to Make the Best of her Life

Can someone explain to me what this means? Like what is the opposite?

tried to become travis wife and live his good life

 

[Bernina]

I really DON'T think it's our place to put any blame on CMJA's parents.
We have VERY little info on any of the family dynamics.
Looking from the outside, my "family" growing up was a pillar of the community and everyone said "isn't that family just wonderful!" GACK!!!!
My dad is homosexual, BPD, APD, and a narcissist, my mom was nothing more than an ignored and belittled trophy wife who hid in her religion like an alcoholic hides in a bottles (They divorced over 25 years ago). My other 3 siblings ALL have/had issues due to nurture, as do I.
But the whole ugly, sordid truth SHOCKED everyone who knew us when everything blew apart. We were NOT allowed to discuss family matters outside the home. It's all about "appearances".
Sociopaths are incredible at making you doubt anything you believe or perceive. You have to actually ask yourself if what they just said was an actual compliment or a sarcastic comment. They are very good at playing the victim, INCREDIBLY good. They can walk into a room, size up total strangers in a matter of minutes and have them eating out of their hands. They are human predators, they are cunning, they have no remorse, and you will always be wrong.
You will walk away from a battle with a sociopath, wondering "what just happened?" It's the old "dazzle them with brilliance, baffle them with BS" and "Divide and Conquer".
The only thing you can ever do is sigh a huge sigh of relief when they are out of your life.
Sociopaths are wired differently, they cannot be fixed, there is no medication, and if they don't believe there is something wrong with them, they won't learn to alter their course. Many very successful business people are Sociopaths....because they have no conscience.
If her parents had taken her to a therapist, (and we don't know if they did or didn't) dollars to donuts, CMJA would have convinced the therapist that her parents were the ones who needed "help". SERIOUSLY.

My :twocents: don't want to :deadhorse:

 

[shelley921]

I really DON'T think it's our place to put any blame on CMJA's parents.

If her parents had taken her to a therapist, (and we don't know if they did or didn't) dollars to donuts, CMJA would have convinced the therapist that her parents were the ones who needed "help". SERIOUSLY.

well, we'll never know now if Jodi could have been helped. maybe it would not have done any good but I don't think her parents even tried. When the mom was being interview by Det. Flores she told how some of Jodi's "friends" called her late at night saying Jodi needs help. IF the mother had taken her for help she would have said "and we took her to see a therapist or_______" and the mom never said that.

 

[shelley921]

Agree with what Alexanderfamilyfan says:

"There is no case to be made for her trying to better her life. If she wanted to better her life she would have never moved to Arizona. Rather, she would have got a student loan, went back to school, tried to intern with a professional photographer, sold her art at the local floral shop or whatever she had to do to get started just as most people do start in humble ways when they have a business venture. They don't bounce around from job to job and call their parents for money every week when they are in their late twenties for the love of God..."

Indeed. Way back when she was 18, 19 or 20 she should have gotten her GED and pursued some photography classes or internship. That's what a young person serious about art or photography would have done. Instead she was what? Slinging hash part time in restaurants like Denny's. She never was able to support herself or live on her own. My friends and I all could not wait to graduate from grad school, get working in our careers and get our own apartments & cars. Become full-fledged adults. Once I was teaching, I never took another dime from my widowed mother. Instead I bought things for her & began taking her on trips. This brought me a lot of joy and I loved the feeling that my mom was proud of me.

 

[Ammonitida]

The defense should have brought up her BPD diagnosis and the May 26th IM exchange in which Travis ripped into her big time. He could have presented an argument that her mental disorder caused her to "snap" after reading his 14 page IM of flames. A very tough sell, I know. But better than her "art" work.

 

[Ammonitida]

You guys are so cruel. LOL

I'm almost feeling sorry for her. Felt bad for Nurmi when Juan demolished those "mitigating circumstances" he listed. She needs to drop this vile act of hers on Monday and finally come clean. It's her only chance for LWOP at this point.

 

[Tiki]

Talented Artist - No. Not even on the high school level. Does anyone think she believes people would buy her "art" for any reason other than the fact that she is notorious? Is anyone buying it at all?

For comparison, here is a link to view the works of talented school age artists:

http://www.artandwriting.org/exhibitions/online-galleries/#art=All&art_portfolio=false&writing_portfolio=false&year=2012&state=All&awards=All&grade=0

.

 

[Ammonitida]

Talented Artist - No. Not even on the high school level.
For comparison, here is a link to view the works of talented school age artists:

http://www.artandwriting.org/exhibitions/online-galleries/#art=All&art_portfolio=false&writing_portfolio=false&year=2012&state=All&awards=All&grade=0

.

I was doing just as good as Jodi at copying images as early as elementary school. It trained me to draw well from my imagination which Jodi apparently can't do. And I would never compare myself to Monet.

 

[Tuba]

We are only considering possible mitigating factors and they are slim and none. The jury will be charged with weighing these against aggravating factors. Even if somebody stuck his thumb on the scale, I think we see how that operation will come out.

There has been a finding of premeditation. Most all of us Sleuths agree Arias did premeditate her crime, therefore it is not a matter of her "losing control". Instead, she formed her intent well ahead and kept her wrath in a vial throughout her stops on the way to Mesa. In her macabre way, she contained the venom until the shower scene. Finally, she released it. She was one month shy of her twenty-eighth birthday and she committed the act she will forever be known for, a testament not to her maturity but to her hardening of years.