Reference for Appeals.
Pre-Trial Chronology: 2008-2010
June 4, 2008. CMJA murders Travis Alexander.
June 9, 2008: Friends find Alexander's body in his shower.
July 9, 2008: Grand jury indicts for first-degree murder.
July 15, 2008: Arrested
Sept. 5, 2008: Extradited to Arizona
Sept. 11, 2008: Pleads not guilty. Bond set at $2M. Judge Duncan assigned case.
September 2008: Jailhouse interview with Inside Edition, No jury is going to convict me.
October 22, 2008. Maria Schaffer counsel of record.
October 28, 2008 First trial management conference.
Oct. 31, 2008. Prosecutors file a notice of intent to seek the death penalty
December 18, 2008. Status conference. Court notes that a special master of mitigation discovery not yet appointed
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Pre-trial, 2009
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First trial date is set on March 25: Trial to begin February 2, 2010; last day in March, 2010.
Trial is reset on November 18, by Presiding Judge Donahoe: Trial to begin August 18, 2010, last day August 31. Justification: change of DT counsel.
Most significant case-specific developments: the withdrawal of counsel and Chronis arguments.
Most significant general developments: Court reforms to reduce the huge trial backlogs are put into effect in March.
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January 7. Judge Donahoe appointed as Mitigation Master, ordered (by himself, lol) to meet with DT and mitigation specialist within 30 days.
January 12. Donahoe sets February 18th as date for ex parte conference with DT and their mitigation specialist, expects a detailed progress report of their mitigation investigations.
February 10. Capital Case Management Conference. 8:48-8:53.
JM isnt there, another atty sits in for him. CMJA is there, but DT makes an oral request that she not attend the next conference, scheduled for March 25. Duncan denies the request, tells DT to put waiver requests in writing. Says next conference will be about setting disclosure and trial dates.
Duncan tells counsel that she expects progress reports 2 days before each CCMC, to include a list of witnesses interviewed and to be interviewed and any pending trial issues.
February 18. Ex parte Mitigation Master meeting: Donahoe, DT and specialist Gwen Fehnel. 8:55-9:17.
Report on mitig investigation progress. Donahoe orders that the meeting not be transcribed without further court order. Sets next status conference for April 10.
March 5. Minute Entry. Donahoe relieved of duties because of expressed concern that ex parte conferences are a violation of victims rights. Assigned trial judge is responsible for oversight and management of mitigation issues. Counsel desiring an ex parte meeting with judge about mitigation or any other issue are directed to 15.9 (b) AZ Rules of Criminal Procedure.
March 25, 2009. Cap Case Mgmt./Trial Mgmt. Conference/Trial Orders
All parties present. 8:40-8:47AM. Duncan sets deadlines and provides for all matters pre-trial and a trial start date.
Trial set for February 2, 2010. Estimated length of trial: 4 months.
Granted-Def. Motion for Specific Discovery-to disclose within 10 days. Discovery deadlinesguilt & aggravation phase discoveryon or before June 30, 2009, Mitigation discovery by Nov 30, 2009.
Sets January 29, 2010 for Final Trial Management Conference (FTM), allots 3 hours for the conference.
Orders counsel to provide a Joint Pretrial Statement five days before the FTM, to include: a jointly completed time and witness estimate list-- judge will use these times to predict length of trial for the jury, and to direct Counsel to follow the trial time limits established; jointly agreed upon prelim and final jury instructions.
Next CCMC is set for May 1.
April 22. State requests and is granted continuance of May 1 CCMC until May 22.
May 18. Minute Entry. Duncan reviewed records, doesnt see CMJA has had IQ testing or competency screening, orders that she have both, and that DT inform her next CCMC if the tests are necessary.
May 22. Management Conference. 10:32-10:48. All parties present.
++++DT presents Defendants pro per Motion to Change Counsel.
Discussion. Ordered: Schaffer to meet with defendant to discuss the issues raised in motion. The pro per motion is sealed. Court notes defense objection to IQ and competency testing. Next CCMC set for July 17 (later reset for July 15, then to Aug 7).
June 16. Minute Entry. Noting Court has received Defendants Request for Determination of Probable Cause on Alleged Aggravating Factor.
July 10. Minute Entry. Reschedules Evidentiary Hearing (Chronis, on probable cause) set for July 15 to August 7, allots one hour.
August 7. Evidentiary hearing-re probable cause (Chronis). 3:40-4:43. 27 exhibits are marked for ID before the hearing. JM requests handwriting samples, no objection by DT, granted.
Chronis hearing follows. Flores testifies (including that he believed Horn said shot first). Recess at 4:22, argument heard beginning at 4:28. Duncan indicates shell take matter taken under advisement, sets next CCMC for Sept 25.
August 10. Judge Roland Steinle. Withdrawal of Counsel. Court finds there is sufficient cause to allow counsel to withdraw. Sealed minute entry will follow. Indicates the scheduled date for start of trial- 2/2/2010 allows time enough for new counsel to prepare for trial.
August 18. Judge Roland Steinle. Appointment of Counsel. Washington and Nurmi. CCMC still set for Sept. 25.
August 18. Judge Duncan. Chronis Ruling. (detailed, and well worth reading in entirety).
http://www.courtminutes.maricopa.gov/docs/Criminal/082009/m3846408.pdf
When filed for DP (October 2008), the State alleged one aggravating circumstance-esp. cruel, heinous or depraved, but wanted to add another prong in addition to cruel (gratuitous violence, mutilation, senseless).
Court considered each, laid out reason for denying all but cruel. Gratuitous violence was rejected specifically based on gunshot first, might have otherwise been applied. State says shot first, then stabbed 27 times. The murder was especially cruel because the victim felt pain and mental anguish.
Chronis finding: State has proven there is probable cause to believe the offense was especially cruel, has failed to prove any other prong.
September 17. Minute Entry. Court received DT motion to prevent State from accessing defendants jailhouse visitation records. Oral argument set for September 25 conference.
September 25. CCMC. 11:38-11:48. Nurmi is 1st chair, Washington doesnt attend. Discussion about DNA related discovery. The State has requested additional evidence which must be disclosed to the DT by October 16.
Discussion about DTs motion to extend the deadline of latest trial date (March 3, 2010). Forwarded to Judge Donahoe for review.
The State is denied access to defendants jailhouse visitation records, if wants access, must submit them for in camera review.
Affirmed FTC, and trial date of February 2, 2010. Next CCMC set for November 13.
September 29. Minute Entry. (Judge McMurdie, standing in for Judge Donahue).
Reviewed motion to delay start of trial, ruled the argument on motion is unnecessary. Motion denied. (Reasoning for denial at link, in short, no extraordinary reasons to delay, given the progress of previous counsel):
http://www.courtminutes.maricopa.gov/docs/Criminal/102009/m3907409.pdf
October 14. Minute Entry. Acknowledging DTs request for additional discovery relating to all forensic examinations of electronic media. Oral argument to be heard on November 13 at next CCMC.
October 27. Minute Entry. Court has received States objection to DTs request for additional electronic media discovery. Oral argument to be heard Nov. 13.
October 27. Minute Entry. 9:33-9:36. Telephone conference held at request of State, regarding depositions by California LE.
Depos scheduled in CA, to be recorded, on October 27 and 28th for: Blaney, Mendez, Hilsenberg, Rees, Buker, Potter and crime scene investigator Dave Young (all for 30 minutes).
November 6. List of witnesses/exhibits/evidence provided to Court.
November 9. DT files Motion to Strike the DP
because lethal injection will result in a cruel and unusual punishment.
November 13. CCMC, Judge Duncan presiding. All parties present. 8:35-8:51.
Argument heard on DT motion for additional discovery, any and all electronic media. State is ordered to provide the DT a mirror image of the HD and the memory card from TAs cellphone by Nov 20.
Also orderedthat the States paralegal work with defense counsel to locate text messages on the CD the State already provided to the DT.
That the State file a response, then the DT a reply, to the DTs motion to strike the DP because lethal injection will result in a cruel and unusual punishment.
The final trial management conference set for Jan 29 2010 is vacated due to conflict on Court calendar. Discussion about denied motion for continuance (delay trial start date); Nurmi indicates he will file another motion for continuance.
The Court affirms standing trial start date of 2/2/2010, next CCMC set for December 11.
November 17. Subpoena and affidavit of service
November 18. Judge Donahoe. Vacates 2/2/2010 start date for trial, grants the DT a continuance. The latest start date is moved from March 2010 to August 31, 2010. Justificationthat the new DT didnt receive the case until August 18, 2009.
Judge Duncan authorized to set a new trial date by next CCMC, on December 11, 2009, and to adjust existing discovery and disclosure deadlines.
November 24. Minute Entry. Duncan. Setting status conference for
November 30. CCMC/Trial Date set. 8:46-8:48. All parties present.
Court has received the Order from COA indicating that the matter was taken under advisement. (Referring to the DTs Chronis objection). DTs discovery requests discussed. Trial is reset to August 16, 2010 (August 31 at latest), December 11 CCMC is moved to January 12, 2010.
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Pre-trial, 2010
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The year begins with Trial set to begin on August 16, 2010, August 31 last day.
Trial is reset on June 18, 2010: to begin August 2, 2011, November 2 last day.
Most significant case-specific development: forged pedo letters received by Nurmi in April and the transition to an affirmative defense.
Most significant general developments: The Court systems huge trial backlog is only beginning to be resolved. Superior Court Presiding Judge Donahoe is (in effect) forced to resign.
Defense attorneys use the political & legal chaos created by Thomas and Arpaio to try to disqualify Maricopas (DA) from trying any criminal cases in Maricopa Superior Court. By years end the Maricopa County Attorneys office will have had 3 serving (DAs): Andy Thomas, Rick Romley(interim), and Bill Montgomery, the latter elected in a special election held in November.
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January 4. Minute Entry.
Oral argument set for January 12: DT renewed request for discovery all electronic media (renewed from 12/22/09), Motion to exclude fingerprint evidence filed on same date, DTs request for a hearing on the admissibility of 48 Hours interview, filed on January 4, 2010 (same day).
January 6. Minute Entry. Court acknowledges DTs request for out-of-state summons, filed 1/5/2010. January 12 confirmed as next CCMC.
January 7. Minute Entry. Court acknowledges DTs Motion that lethal injection be considered as mitigating factor. Oral argument to be heard on January 12.
January 12. CCMC. 9:01-9:35. JM & Nurmi there, isnt. Court notes DT didnt file waiver for as previously ordered. Discussion about case management plan received on 1/8.
Melendez testifies, based on his testimony renewed motion for electronic media is denied, finger exclusion is denied, Lethal injection because cruel and unusual is denied, admissibility of 48 hours interview and lethal injection as mitigator to be discussed at evidentiary hearing on March 12 (date for next CCMC).
January 19. Nurmi files Motion to Dismiss Allegations of DP; Conflict of Interest. He joined in with other defense attorneys (on 23 cases) seeking to prohibit the Maricopa DAs office from litigating any criminal cases in Superior Court.
January 20. Minute Entry, Judge Duncan. Acknowledges receipt of motion to dismiss, defers jurisdiction to a Special Master, will take no action on motion unless instructed to do so by the Special Master.
January 21. Ruling by Special Master Ruth McGregor. Assigns consideration of defense motion for dismissal to Judge Wallace Hoggatt, Superior Court judge, Conchise County.
February 2. Appeals letter of transmittal
February 2. On Motion to Dismiss. Hoggatt orders counsel to each file a pre-hearing statement before February 12 hearing to include info on witnesses; hell decide whether or not to grant evidentiary hearings or oral arguments.
February 5. Transcript of proceedings
February 26. Hoggatts Ruling on Motion to Dismiss. Says he was assigned by Special Master solely to deal with motions relating to motions to disqualify MCAO. Cant and wont consider Nurmis Motion to dismiss the DP. Nurmi had also submitted a request for a management conference (expected delays from conflict of interest motions).
Hoggart rules request is mootsame as the other 22 conflict of interest cases, there will be no delays because there is no real connection between the continuing turmoil in Maricopa County and the prosecution of this defendant.
Nurmis request for an evidentiary hearing and oral arguments-denied (he State didnt even bother to submit a reply). Motion to disqualify MCAO --denied.
March 4. Minute Entry. Emergency Status Hearing, requested by defense. JM present, defendant is not, Nurmi by telephone. 10:22-10:34.
Received Defendants Certificate of Requesting Judge. Granted, with a modification that materials identified in paragraph III be produced for an in camera inspection no later than 12pm on March 10. Status conference set for March 11, evidentiary hearing set for March 12.
March 10. Order to seal documents
March 10. Motion for reconsideration
March 11. CCMC. 10:05-10:17. All parties present. Received and reviewed DTs Request for Greater Specificity as the Alternative Charge of Felony Murder.
The defendant wants to know what is the underlying felony on which the predicate burglary is based. JM argues against the request, saying it will lock the State in to a particular theory of the case. Duncan rejects that argument, saying the State can amend theory before trial, with proper notice to the DT.
(discussion of related case law is included in the Minute Entry
http://www.courtminutes.maricopa.gov/docs/Criminal/032010/m4139370.pdf)
The Motion is granted. The State must make disclosure by April 1. Defense is to submit a Protective Order on CBS Agreement. Next CCMC set for April 16.
A firm trial date of August 16, 2010, last date Aug 31, is affirmed.
March 11. Order to seal documents
March 31. State files Notice of Underlying Felony.
April 6. Judge Hoggatt. Order Denying Requests (to reconsider disqualification of MCAO, join in other defense cases seeking same, and for an evidentiary hearing/oral arguments on same.
April 6. Duncan. Oral Argument Set, on DTs Motion to Compel Texts and Emails from cell phone or from any and all other email accounts, received on April 5. Argument set for April 16 at the next CCMC.
April 7. State files response to DTs Motion to Compel Texts and Emails from cell phone or from any and all other email accounts.
((April 11. Nurmi receives 10 forged pedo letters from Bob White via email.))
April 15. Motion to Dismiss the Alternative Charge of Felony Murder
April 16. CCMC. 10:40-11:05. All parties present. Argument heard on Motion Compel Texts and Emails from cell phone or from any and all other email accounts. Ordered: that the DT provide State with a list of requested email accounts by April 20.
Evidentiary hearing set for June 18, 2 hours allotted, during the next CCMC. Felony murder motion to be argued on that date as well; State to file a response and the DT, a reply.
State informs Duncan of Hoggatts denial on February 26, discussion follows. Duncan rules that because of Hoggatts ruling and this discussion, on June 18 she will hear oral arguments on the DTs Motion to Dismiss Conflict of Interest. (note: huh? Hoggatt said NO).
Last date for trial stands: August 31.
April 22. Duncan writes orders allowing CMJA to be transported (within 30 days) to a vision center in Phoenix to have her eyes examined.
April 26. List of witnesses/exh/evidence; Motion to dismiss
May 20. Motion to Dismiss
May 26. DT files Motion (for a trial continuance)
June 3. DT files Motion to Allow Expert Examination of Evidence
June 8. Oral Argument set for June 18, during CCMC, to hear Motion (for a trial continuance) and Motion to Allow Expert Examination of Evidence.
June 9. Subpoena and affidavit of service
June 10. State files Motion to Preclude Letters Purportedly Written to CMJA.
June 14. Minute Entry. Duncan adds argument on the States Motion Preclude Letters Purportedly Written to CMJA to the agenda of June 18 CCMC.
June 14. DT requests and receives an extension of time to respond to Motion to exclude letters.
June 18. CCMC. 10:03- 10:48. All parties present. Defense invokes rule of exclusion of witnesses.
Recess, then reconvenes 10:59-12:25. DT tells Duncan that the Victims Representative (Samantha) was discussing issues with the witnesses in the hallway during recess.
Court tells Samantha about rules of exclusion. Oral argument is heard on Defendants Motion to Dismiss Charges or in the Alternative Motion to Dismiss Death due to Brady Violation.
Defendant case: Flores and Melendez testify. Sky testifies and is ordered to be deposed; she is ordered to turn over TAs journals to Flores after she has been deposed. Chris Hughes testifies and is ordered deposed. Detective Glabysh testifies.
Discussion held about discovery relating to texts and emails. Court says review of cell phone records, TAs journal, and Chris Hs depo will determine if further discovery is needed. The Motion to Dismiss based on Brady Violations is taken under advisement. The DT is granted an extension to respond to States Motion to Exclude letters. Next evidentiary hearing set for September 14 (Court clerk retains exhibits 1-12 until then). Next CCMA to be held on August 5.
Trial Date reset to August 2, 2011, last date September 2, 2011.
June 22.
DTs Notice of Defenses. (CMJA officially drops ninja lie and files an affirmative defense self-defense).
June 22. Ruling. Defendants motion to dismiss alternative charge of felony murder is denied. Duncans discussion of the Supreme Court rulings underlying her denial:
http://www.courtminutes.maricopa.gov/docs/Criminal/062010/m4274460.pdf
July 1, 2010. State provided DT all text msgs on TAs cell phone.
July 2, 2010. CCCA. Nurmi absent. 1:36-1:46.
Defendant requests and is denied a Protective Order. DT requests additional discovery relating to the States handwriting analystsDuncan says the request isnt ripe at this time. Upon review of States notice about TAs texts, Duncan rules against the DT: no Brady violations. Defendants motion to dismiss charges, or in the alternative, motion to dismiss Death due to Brady Violation-denied.
Duncan indicates she has looked at the forged pedo letters. Next CMC set for August 5.
July 15. Minute Entry. Duncan has received defendants response to JMs motion to preclude letters. At defendants request, the reply to motion will be sealed and not opened without prior order of the Court.
August 5. CCMC. All parties present. 8:45-9:17. Pending motions by State: to preclude letters; for the original letters to be produced; an oral motion for discovery.
Discussion about discovery. DT requests an ex parte hearing about the original letters. The State objects. Matter will be handled at next CCMC.
Discussion about e-mail discovery. Orders DT to identify date ranges and exact accounts. DT makes request that Deanna Reid submit to a depo, she is ordered to submit, the DT to pay for involved expenses and notify the Court of the date and time of depo.
August 11. CCMC. All parties present. 8:58- 9:07. Court has received DTs Renewed Notice of Requested Emails. Discussion. Defendants request for ex parte hearing is denied.
Orders the DT to disclose the original pedo letters or the source of the emails. DT agrees to disclose the source of the emails. Discussion held on the States motion to preclude the forged letters. Last trial day of September 2 is affirmed.
September 14. CCMC. All parties present. 8:599:20.
Discussion of email disclosure; not all emails from TAs main email account have been disclosed. The arresting agency will submit an appropriate search warrant for TAs Myspace, Facebook, LDS LinkUp, and Photobucket accounts, if it exists.
The State has an additional 30 days to finalize that discovery and file a status report listing all known email accounts and status of discovery.
DT makes an oral request to have a handwriting expert inspect TAs journals. Duncan notes that the State may have a conflict with currently scheduled trial date, but retains the date of August 2.
Next CCMC scheduled for October 26.
October 12. States expert Rosemary Urbanski examines pedo letters.
October 26. CCMC. All parties and Flores are present. 8:42-9:20.
State advises list of email account discovery that has been disclosed (4 TA accounts, 1 CMJA account). JM says no info had been found on LDS Linkup, Myspace, or PhotoBucket accounts; is still investigating Bob White account, discussion is had about Urbanskis findings.
The Court tells counsel to cooperate on other SM accounts. Discussion. DT says they will provide info to State on LDS Linkup, Myspace, and PhotoBucket accounts.
JM makes oral request to speed up trial date. Discussion. JM makes oral request for disclosure of additional mitigation. Discussion. Duncan tells DT to disclose discovery from DTs handwriting experts when it is available. Next CCMC set for Nov. 18.
November 18. CCMC. All parties present. 8:28- 8:49 Discussion held about DTs independent DNA testing (DT didnt file Motion, instructed to do so). DT requests additional discovery relating to States examination of her journals, JM produces documents, DT examines, request for discovery is dropped.
Discussion is held about States Objection to Request for Additional Discovery Relating to Assertion Letters Are Forged. Ordered that any additional info about letters be disclosed.
Discussion about emails. Counsels indicate they will need to review a volume of approx. 82,000 emails.
Next CCMA set for January 2011. Pending: States Motion to Preclude emails. Last day remains November 2, 2011.
November 23. Minute Entry. Granting DT to conduct independent DNA testing.
December 1. Minute Entry. Court has received DTs Motion for Specific Discovery.
December 3. ORDER, Commissioner Lisa Roberts. AZ Rules of Criminal Procedure amended, last day of capital cases changed from 18 months after arraignment to 24 months after the State files notice to seek DP.
(According to this rule, the last day for start of CMJAs trial should have been October 31, 2010. At years end 2010, CMJAs trial last day had already been set a full year overdue).
and adds: “presence of media may inhibit the free flow of information, including statements by the victims and defendant. This is especially important here since the only issue for the jury will be penalty. “