Jodi Arias Legal Question and Answer Thread *no discussion* #2

[Love Never Fails]

I'm pretty sure he did do that at the beginning when he was catching up the jury on the premeditation and cruelty evidence.

Thanks AZ. I had forgotten allof that. My mind just remembers the *advertiser censored* and fake witnesses.

 

[APT]

Will the tapes of the sentencing trial be released to the public after the trial is over? If yes, can the DT try to prevent this from happening?

 

[AZlawyer]

Will the tapes of the sentencing trial be released to the public after the trial is over? If yes, can the DT try to prevent this from happening?

Supposedly they will be available after the verdict, assuming anyone is interested enough in paying $20 per day of testimony to get copies.

Of course the DT can try to do whatever they want. When I was clerking at the AZ Supreme Court, we received a Motion for a Free White Male Judiciary (denied FYI). Not too long ago, an attorney in Maricopa County Superior Court filed a Motion to Compel Lunch (with the opposing counsel--to discuss a discovery dispute). The Motion to Compel Lunch was granted. So the DT can file a motion to...whatever.

ETA: Minute entry granting motion to compel acceptance of lunch invitation, just for fun. http://www.adrforum.com/rcontrol/documents/MiscFiles/minute_entry.pdf

 

[APT]

Supposedly they will be available after the verdict, assuming anyone is interested enough in paying $20 per day of testimony to get copies.

Of course the DT can try to do whatever they want. When I was clerking at the AZ Supreme Court, we received a Motion for a Free White Male Judiciary (denied FYI). Not too long ago, an attorney in Maricopa County Superior Court filed a Motion to Compel Lunch (with the opposing counsel--to discuss a discovery dispute). The Motion to Compel Lunch was granted. So the DT can file a motion to...whatever.

ETA: Minute entry granting motion to compel acceptance of lunch invitation, just for fun. http://www.adrforum.com/rcontrol/documents/MiscFiles/minute_entry.pdf

Thank you so much!

 

[Nali87]

Supposedly they will be available after the verdict, assuming anyone is interested enough in paying $20 per day of testimony to get copies.

Of course the DT can try to do whatever they want. When I was clerking at the AZ Supreme Court, we received a Motion for a Free White Male Judiciary (denied FYI). Not too long ago, an attorney in Maricopa County Superior Court filed a Motion to Compel Lunch (with the opposing counsel--to discuss a discovery dispute). The Motion to Compel Lunch was granted. So the DT can file a motion to...whatever.

ETA: Minute entry granting motion to compel acceptance of lunch invitation, just for fun. http://www.adrforum.com/rcontrol/documents/MiscFiles/minute_entry.pdf

LOL! Someone had fun writing that.

 

[RickshawFan]

If Jodi gets sentenced to LWP or LWOP, what level of a prisoner will she be in Perryville? Max? "Special Management"? Closed custody?

Who decides? The Department of Prisons? Recommendation from Sheriff Joe? What kind of job they have lined up for her (please let it be cleaning toilets for 50 years)? By request from a prospective roomie (DeVault)? By request from an eager cellie (Big Bertha) who is owed a favor?

 

[AZlawyer]

If Jodi gets sentenced to LWP or LWOP, what level of a prisoner will she be in Perryville? Max? "Special Management"? Closed custody?

Who decides? The Department of Prisons? Recommendation from Sheriff Joe? What kind of job they have lined up for her (please let it be cleaning toilets for 50 years)? By request from a prospective roomie (DeVault)? By request from an eager cellie (Big Bertha) who is owed a favor?

Looks like it will be determined by this policy and will be max for at least 2 years: https://corrections.az.gov/sites/default/files/policies/800/0801.pdf

 

[tlckgram]

KN is presenting things in closing that were never proven, disproven and totally pulled out of the air. (threatened with a knife at 12 in attempted sexual assault) Why would JM not object? How is KN allowed to do this? Is this even legal? Why bother having a trial to present facts and evidence if the defense can just make stuff up and not be stopped?

 

[AZlawyer]

KN is presenting things in closing that were never proven, disproven and totally pulled out of the air. (threatened with a knife at 12 in attempted sexual assault) Why would JM not object? How is KN allowed to do this? Is this even legal? Why bother having a trial to present facts and evidence if the defense can just make stuff up and not be stopped?

He cannot make things up. I read the whole thread for this morning and he did not say anything that had not been presented in evidence. For example, Jodi I believe testified to the knife nonsense, as did Geffner and/or M-F. (Remember hearsay is allowed in this phase.) It's up to the jury to decide if any of those things have been "disproven" by the prosecution, or if the "proof" presented was insufficient for the jury to believe whatever-it-was actually happened. The judge is not allowed to make that decision for the jury.

 

[noor]

What about the claim Nurmi presented today that Jodi was sexually assaulted at the age of 2?
I never heard that before.
How can a 2 year old even remember that?

 

[smeck]

I believe Juan was referencing #2 on the mitigation list not #2 as her age. This has been discussed on today's link.

 

[My-Future-Ex-Husband]

Hi AZL.

Should CMJA be sentenced to life or death is her trial put under the same scrutiny by the COA when she appeals? Will they mention any stuff ups by DT, PT and Judge or just things that would have affected her case?

Thank you.

 

[AZlawyer]

What about the claim Nurmi presented today that Jodi was sexually assaulted at the age of 2?
I never heard that before.
How can a 2 year old even remember that?

I believe Juan was referencing #2 on the mitigation list not #2 as her age. This has been discussed on today's link.

No, I think it was 2 years old. One of the Drs. said that Jodi said that her Dad told her he saw her being sexually molested by some other kid (IIRC) at that age.

Hi AZL.

Should CMJA be sentenced to life or death is her trial put under the same scrutiny by the COA when she appeals? Will they mention any stuff ups by DT, PT and Judge or just things that would have affected her case?

Thank you.

It will be under much less scrutiny if the sentence is life.

Either way, only things that would have affected the case will be grounds to overturn any verdict.

 

[grayhuze]

Do you think there are any legal issues given the fact that in August 2009 at a hearing, the states official position was that The gunshot was first based off of the blood spatter evidence and that Travis
would not have been immediately incapacitated because he was standing at the sink. Then at trial Flores said that prior to that hearing he was told by Horn that the gunshot was first and that Travis would not have been immediately incapacitated. He then went on to say that he is now "not inaccurate but mistaken" about what horn told him. Horn says he has no memory of ever speaking to flores about the case whatsoever. How is it possible Flores was mistaken when the position of the State matches exactly what Flores stated? Gunshot first, Not immediately incapacitated.

 

[AZlawyer]

Do you think there are any legal issues given the fact that in August 2009 at a hearing, the states official position was that The gunshot was first based off of the blood spatter evidence and that Travis
would not have been immediately incapacitated because he was standing at the sink. Then at trial Flores said that prior to that hearing he was told by Horn that the gunshot was first and that Travis would not have been immediately incapacitated. He then went on to say that he is now "not inaccurate but mistaken" about what horn told him. Horn says he has no memory of ever speaking to flores about the case whatsoever. How is it possible Flores was mistaken when the position of the State matches exactly what Flores stated? Gunshot first, Not immediately incapacitated.

The "position of the State" would naturally have matched what Flores stated, because Flores would have been the person to tell Juan what happened, and Juan would have been the person to put that down in writing as the "position of the State."

The only potential problem is that the original judge on the case said that the murder was "cruel" (the sole aggravating factor) BECAUSE the gunshot was first and so Travis was suffering the pain from the gunshot during the rest of the murder. When Dr. Horn said um, no, Flores is mistaken, JSS was asked to reconsider the cruelty finding. She said the murder was still cruel regardless of the order of wounds, because Travis clearly suffered a number of very serious wounds and was conscious for some time afterward.

The defense team tried to take an early appeal on this issue (a "special action"), and that was denied, but they will still raise it on appeal after the verdict. IMO this will not result in a reversal, though.

In fact, IMO a reversal was much more likely based on the ORIGINAL judge's decision, because there are 2 aspects to the "cruelty" finding: (1) the victim's suffering, (2) the defendant's intent ("knew or should have known" suffering would result). If the gunshot was first, then JA had a good argument that she reasonably expected that a gunshot through the brain would result in zero suffering, and the remaining wounds were a frantic attempt to END his suffering rather than to prolong it.

 

[tlckgram]

I know that there is such a thing as prosecutorial misconduct and those allegations will be addressed in any appeal.(No, I don't believe the accusations) However,is there such a thing as defense misconduct, ie presenting lies as evidence, false testimony etc? Is that punishable? Or does JA just fall on the sword and say her attorneys were not aware she was lying?

 

[grayhuze]

right but it's clear Horn told Flores. He is the ME. He is part of the We in "we believe the gunshot is first"

 

[grayhuze]

I don't believe Horn ever said, "um no, flores is mistaken" If so can you direct me to that moment in the trial? Good points on the rest of that stuff.

Jodi should also have realized that suffering would be caused when she chose to use the knife when Travis didn't die from the gunshot.

G

 

[AZlawyer]

I know that there is such a thing as prosecutorial misconduct and those allegations will be addressed in any appeal.(No, I don't believe the accusations) However,is there such a thing as defense misconduct, ie presenting lies as evidence, false testimony etc? Is that punishable? Or does JA just fall on the sword and say her attorneys were not aware she was lying?

Yes, there can be defense misconduct, but with prosecutorial misconduct, you can drop the case as punishment. You can't convict the defendant as punishment for defense team misconduct!

The defense team is not allowed to present testimony they know to be false. I doubt the defense attorneys could be said to "know" any of the testimony or evidence presented in this case was false.

right but it's clear Horn told Flores. He is the ME. He is part of the We in "we believe the gunshot is first"

Obviously Horn (and now Flores) disagree with this. Horn says he never said any such thing.

 

[AZlawyer]

I don't believe Horn ever said, "um no, flores is mistaken" If so can you direct me to that moment in the trial? Good points on the rest of that stuff.

Jodi should also have realized that suffering would be caused when she chose to use the knife when Travis didn't die from the gunshot.

G

I didn't put quotes around it. He said in the guilt phase that Flores was mistaken and that he (Dr. Horn) never told him (Flores) that the gunshot was first.