This did confuse me. It sounds like the judge was an advocate. It doesn't sound remotely impartial to me. I don't get it. Is this something in the 'judge handbook'?
No, listen again. The judge verified that Arias understood what allocution is. She did not tell her what to do.
ETA:
I transcribed it for ya
JSS: Miss Arias. Your attorneys have indicated to the court that you do not wish to allocute. Is that correct?
Arias: That's not correct.
JSS: All right? Explain.
Arias: I would like to allocute.
JSS: All right. And you're willing to do that in front of the jury?
Arias: Well, to the jury, yes.
JSS: All right. Are there any other conditions?
Arias: The same, I have the same concerns that I voiced in chambers.
JSS: Pause
JSS: And that was back in October of 2014, correct?
Arias: Yes.
JSS: You understand that the appellate courts have ruled that you may not allocute in a sealed proceeding, or you may not speak or testify in a sealed proceeding. Do you have any reasons other than those that you previously expressed?
Arias: Um, no, I just... my understanding was that the court of appeals ruled that my testimony cannot be sealed and that allocution, in my understanding, is not testimony. So, that, that was my only thought.
JSS: All right. Well I think the same analysis applies. I will make the same offer I previously made and that is that we will clear the courtroom, folks in the courtroom can go downstairs to the overflow room, and they can hear your testimony in the overflow room.
Arias: Well I appreciate that, but it doesn't address my concerns.
JSS: So you do not wish to allocute unless you can allocute in a sealed proceeding, is that correct?
Arias: Yes, that's correct.
JSS: And you understand that the right to allocute encompasses the right to express remorse, plead for mercy, explain the crime, and bring mitigating circumstances to the attention of the jury? You understand that is the purpose of allocution?
Arias: Yes.
JSS: You do not wish to allocute for these purposes unless you can allocute in a sealed proceeding, is that correct?
Arias: Will you read the purposes one more time? I'm sorry.
JSS: Yes. The right to allocute encompasses the right to express remorse, plead for mercy, explain the crime, and bring mitigating circumstances to the attention of the jury.
Arias: Okay, thank you.
JSS: You cannot allocute in a sealed proceeding. Do you wish to allocute?
Arias: Ummm, not in an open proceeding, no.
JSS: Pause.
JSS: Have you had the opportunity to discuss this matter with your attorneys?
Arias: Yes.
JSS: Do you have any questions about your decision that you wish to address to the court?
Arias: Not at this time.
JSS: Pause.
JSS: Have you taken any medication today?
Arias: No.
JSS: Long pause.
JSS: All right. Thankyoumaybeseated. Counsel, approach.
