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

[NotMyselfNEMore]

Boytwnmom mentioned maybe it was about the lethal injection drugs not working correctly. Who knows. There's nothing "big" that I'm aware of, but when I get together with defense attorneys we don't talk about their cases.

I know this wasn't directed to me, but think Botwynmom is probably right that it's likely about the lethal drugs not working issue.
I'd also like to think most attorneys are like AZL, and don't chat about their cases. We have a justice system that relies to some extent, on the honor system, and in order for it to work, we have to take some things at faith. I tend to think exceptions to the rules are the anomaly, not the norm.
I could be wrong, but not sure I want to know if I am.

Maybe Nurmi has more people reporting to him now about the media, since "mistrial by media" is his current theme. Or maybe Maria told him the camera was pointing at her the whole time (she seemed very aware of it).

Thanks, AZL! - that makes a lot of sense.
As always, IMO, JMO and Only my opinion (is that OOO?)

 

[angelrae]

AZLawyer, I love your brain. :tyou: for your time, patience and wisdom. You are truly a huge asset here in this forum.

 

[AZlawyer]

Would the prosecution be able to use the video tapes CMJA used after her conviction? Especially the ones in which she states she has no mitigating factors according to her defense attorney. Also, how do you think the Court of Appeals is going to feel about the secret witness being Jodi Arias, if in fact that is the secret witness?

They can use things she said after her conviction if they are relevant. They wouldn't be able to use the statement that she had no mitigating factors because it isn't relevant. It's a legal opinion and she's not a lawyer so her legal opinion means very little.

The Ct App had the sealed transcript from 10/30/14, so they already know who the secret witness was. And whoever it was did not seem to impress them.

 

[TDoc72]

If Jodi is on the stand and tells a new (unbelievable) story or even changes a big fact about her other unbelievable story/stories, is Juan allowed to ask her why she didn't testify to that before?

 

[AZlawyer]

If Jodi is on the stand and tells a new (unbelievable) story or even changes a big fact about her other unbelievable story/stories, is Juan allowed to ask her why she didn't testify to that before?

Sure!

 

[Colie]

If this trial ends in mistrial is there another go at the DP? Would she just be sentenced?:thinking:
Thanks for your response.

 

[Colie]

Have you heard anything on the Sanction motion filed today?

 

[AZlawyer]

If this trial ends in mistrial is there another go at the DP? Would she just be sentenced?:thinking:
Thanks for your response.

It depends on the reason for the mistrial IIRC. I don't want to do the research unless it actually happens lol.

Have you heard anything on the Sanction motion filed today?

No, but someone posted in the other thread that it was about the media recording Maria DLR chewing gum and the back of JA's head. With some talking sprinkled in there.

 

[Colie]

What would happen with is new motion by the defense about the computer and Det. Flores. Does this stop the trial why an investigation goes on? It has nothing to do with the mitigation factors?

Michael Kiefer @michaelbkiefer 1m1 minute ago
Jodi Arias defense: *advertiser censored* evidence destroyed on Travis Alexander computer http://azc.cc/1ugSdOu via @azcentral
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The Gold Patrol™ @thegoldpatrol 3m3 minutes ago
@michaelbkiefer: ‪#‎JodiArias‬ ask to dismiss conviction alleging prosecutor misconduct for destroying evidence. Possible child *advertiser censored* found."”
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The Gold Patrol™ @thegoldpatrol 4m4 minutes ago
@michaelbkiefer: A expert for #JodiArias found that 1000s of *advertiser censored* files were deleted from Travis computer while in possession of Mesa PD"”oes on?

 

[AZlawyer]

What would happen with is new motion by the defense about the computer and Det. Flores. Does this stop the trial why an investigation goes on? It has nothing to do with the mitigation factors?

Michael Kiefer @michaelbkiefer 1m1 minute ago
Jodi Arias defense: *advertiser censored* evidence destroyed on Travis Alexander computer http://azc.cc/1ugSdOu via @azcentral
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The Gold Patrol™ @thegoldpatrol 3m3 minutes ago
@michaelbkiefer: ‪#‎JodiArias‬ ask to dismiss conviction alleging prosecutor misconduct for destroying evidence. Possible child *advertiser censored* found."”
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The Gold Patrol™ @thegoldpatrol 4m4 minutes ago
@michaelbkiefer: A expert for #JodiArias found that 1000s of *advertiser censored* files were deleted from Travis computer while in possession of Mesa PD"”oes on?

It has everything to do with the mitigation factors. The theme of the mitigation is that JA was super-stressed out by being in a secret relationship with a pedophile while suffering from mental illness, so she overreacted to whatever the situation supposedly was that led to the murder.

If this is true, the DP is off the table and even the conviction is in peril. I hope it's not true.

 

[Tiger09]

What would the legal and civil ramifications be if the alleged evidence if faked as we suspect it is?

 

[AZlawyer]

What would the legal and civil ramifications be if the alleged evidence if faked as we suspect it is?

Nurmi would say "oops, sorry." Unless Jodi testifies and JM uses it on cross, I don't think it will come up in front of the jury.

 

[Colie]

What are the possible outcomes of the *advertiser censored* on the computer motion now that it was the defense are the ones who were the cause of virus?
Michael Kiefer @michaelbkiefer 4m4 minutes ago
Martinez says the modifications to the computer were done by attorneys Schaffer and Greg Parsich.

 

[AZlawyer]

What are the possible outcomes of the *advertiser censored* on the computer motion now that it was the defense are the ones who were the cause of virus?
Michael Kiefer @michaelbkiefer 4m4 minutes ago
Martinez says the modifications to the computer were done by attorneys Schaffer and Greg Parsich.

If JM can back up his explanation, then the motion will be denied.

 

[buggsmom]

AZL... can JA push or 'make' KN or JW file motions even if the lawyers don't agree with it?
Ex. if the deletion of *advertiser censored* was something she put together (pulled out of her butt) when she was trying to be her own counsel, could she tell them they Have to file it?
-apologies if this kind of question has already been asked-

Thanks so much!

 

[AZlawyer]

AZL... can JA push or 'make' KN or JW file motions even if the lawyers don't agree with it?
Ex. if the deletion of *advertiser censored* was something she put together (pulled out of her butt) when she was trying to be her own counsel, could she tell them they Have to file it?
-apologies if this kind of question has already been asked-

Thanks so much!

It wasn't while she was representing herself, as JM explained in court yesterday.

But to answer the rest of your question, JA cannot "make" her lawyers file anything. They are obligated to do the best they can with the facts she gives them and the goals she discloses to them (the goal is pretty obvious in a death penalty sentencing hearing), not to follow her directions.

 

[5bigfish5]

Why is it that Det. Flores was forced to read a transcript to the jurors of Darryl Brewer's testimony, BUT Nurmi played a tape of the Freeman siblings' testimony in Court today. TIA.

 

[AZlawyer]

Why is it that Det. Flores was forced to read a transcript to the jurors of Darryl Brewer's testimony, BUT Nurmi played a tape of the Freeman siblings' testimony in Court today. TIA.

Most of the arguments and rulings are sealed, so I can't be sure, but my best guess is that JM was trying to use the media video rather than the crappy "official" court video, or that he was offering an edited video without having disclosed the edits to the defense so that objections could be raised and ruled upon.

 

[KatrinaLee73]

Probably not the most interesting question :thinking: but, why is it that CMJA is allowed to wear normal clothing rather than her jail stripes? Are the jury members to sweep aside the fact that she is convicted of a brutal murder and give her a "lighter" sentence because she is wearing "nice clothes?" :banghead: Thank you in advance!!

 

[Love Never Fails]

AZlawyer,
can the Court of Appeals issues decision regarding Nurmis arguments about releasing the identity of secret witness and releasing the transcript of her testimony without a hearing and just publish it to the attorneys and media? Seems that would be easiest since they have arguments from Nurmi and Martinez before them. Why wait until the 24th?