Jodi Arias Legal Question and Answer Thread *no discussion*

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http://www.abc15.com/dpp/news/regio...n-jury-5-days-later-hes-excused#ixzz2RXrKWuoR

If it is true that Juror 8 was dismissed for a DUI, is the impact from this on the JA trial now "done", with the decision to excuse him, or is there an ongoing risk of a mistrial due to the circumstances of his arrest?

How does the alleged/ potential commission of a crime by a sitting juror affect the rest of a murder trial?
 
hello, excuse me if this has been asked before, if by some fluke the jurors decide on crime of passion, what could her sentence be? and what would manslaughter be? it would be quite something if she got 40 yrs and got released at age 70. she would miss out on all the things she took away from travis, dating, a future, marriage, children. i wonder if she would even want to get out of prison by that time, she would be so used to it. thanks in advance
 
I see in today's minute entries from the hearing yesterday that Judge denied Defendant's Rule 20 Motion! Does that mean they don't get manslaughter as an option?
 
Questions please ...

Let's assume that Arias gets convicted of 1st degree murder and we move to the sentencing phase of the trial. JM will produce evidence as to the aggravating nature of the crime and the DT will counter with mitigating evidence.

Can the opposing side cross-examine any witnesses presented ?

Can Arias take the stand again and further lie and drag Travis through the mud to save her own life ?

Does the DP require a unanimous vote by the jury ?

How long does the sentencing phase normally last ?

Thanks ...
 
I really would be surprised if the jury didn't decide murder 1/death in this case, but, when I think back on the pitiful 12 in the CA case, it makes me ask: do you think we'll ever get to a "professional jury"?
 
Some more questions unrelated to each other...

Presumably the judge was reluctant to grant surrebuttal. Any idea why she wouldn't tell the DT they could use Samuels for it? That would save time and money, wouldn't it? The DT would probably counter saying Geffner is needed because he's also a DV expert. But then the judge would counter that that contradicts that they merely wanted to rebut JDM's BPD diagnosis.

Do you expect the surrebuttal to be by far the most contentious episode of this soap opera? I'm thinking a) the judge has set strict limits on what is allowed, b) the DT will continuously try to exceed those limits, and c) JM will object any time they are even close to those limits. Is it even possible something comes in that causes JM to ask the judge to allow him a sursurrebuttal (whatever the word would be)?

To meet the timetable she has set, would the judge set any sort of time limits on each side for closing, or would she have based the schedule on asking them for their estimates of how much time they need? (I'd imagine it's the latter.) Is there anything she can do when the time comes if either side is far exceeding what they said they needed, endangering her schedule?

Thanks!
 
On what grounds was the defense asking for an acquittal? Do we have the actual document of what they filed and the judge's answer?
Do we know what the defense filed today? Why are these things not being argued in open court? I'm not used to so many sealed hearings.


Regarding the diaries that the defense recently filed a motion to compel for , the diaries that were taken from her jail cell in April.....will we ever see those? Is anything she writes in jail or draws in jail subject to being taken from her, or only if there is something illegal mentioned in them, or some suggestion of witness tampering, etc. Any diary she writes could be taken, including her would be proposal for a book?

In Arizona are the visits face to face, unlike in Florida where one party is at the jail and the other party is at a wholly other location and it is more like a Skype situation?

Can reporters request a list of what books were sent to her by ALV and Samuels, or the State request that? Does the jail keep track of what books she checks out in the jail library?

Have you ever had an expert send someone self help books when that person is having ongoing evaluations by your side and the state?

The fact that Samuels filled in, or as the jury inferred, made a summarized Jodi's answers to her test for her, is that something that one could report to any board that governs him? It just seems so blatant.

Once she is found guilty, if the family wishes files a wrongful death suit, just to prevent her from profiting off art work, etc. is this something that you would expect a lawyer may even volunteer to do for them?

Does the jury get to have all the videos they were shown, the snippets, in the deliberation room, along with all the evidence, like the autopsy photos, or each time they want to see something like that, all the lawyers, the judge and Jodi need to be called together for it to be played or photos shown to them?

If their client is found guilty, can the defense lawyers write books about this case or only if she is acquitted?

The first expert that asked to be removed from the case, do you know why? Do you know who the first lawyer that asked to be removed from the case was referring to when she said that she had a conflict of interest from representing someone who was a potential witness in the case, or does that name remained private?

Is the state allowed to argue in closing arguments that we did not hear from the one person Jodi kept mentioning she had told at the time, about the abuse, Matt McCartney, and we did not hear from Lenore Walker that Jennifer was insisting to Dr. DeMarte that no longer relies on her own criteria, etc. She was soooo adamant about that as if it were fact and Dr. DeMarte was from Mars or relying on some wrong, outdated information. The jury, not being allowed to watch TV, would not know that Leonore Walker came on Nancy Grace to say that is just silly, of course she does. So, in the juries mind...they were left with what Jennifer was implying. Can the prosecutor bring up that the defense did not call back to the stand the first defense expert, who may be well recovered from her then illness, nor did they call back to the stand either of their other two experts because even they gave up on them and concede they are wholly discredited, so they had to go out and shop for Johnny come lately? Again, it just seems so blatant that they abandon the experts they have. I have never seen a NEW expert come in. If I were on this jury I would infer the defense has lost confidence in the first ones. Why should the taxpayers have to pay for a do over with a new guy when indeed the defense has had Dr. DeMarte's full report that sets out her diagnosis for over a year? It was not a gotcha moment. She testified as they very well knew she would, they even deposed her. As a taxpayer, this makes me angry.

At this point they cannot ask for a ME of their own to testify in surrebuttal right?

Thank you in advance.
 
I defended Baez for a long time as an average and not unethical lawyer. Later, there were a couple of incidents that caused me to revise my opinion on the last part, but I can still say that approximately the first 47,832 things that everyone complained about were unfounded. I don't like his style, but apparently some people do, and some of those people are on juries.

I don't think Nurmi is vile or despicable. He is not the best at presentation either, but he is handling this case competently and making all the necessary arguments.

I respect you, ever so, but have you seen his website? It is chilling what he is bragging he can do for perverts and rapists. I find him vile that he chooses to specialize in that, the part about sex crimes against a minor just made me vomit.www.maricopasexcrimes.com That is a far cry from the lawyer who was virtually made to take the case, luck of the draw. He wants to defend the sexually deviant folks. I could never be friends with someone of that mindset. I notice he wears a wedding ring, it literally makes me sick to my stomach. Sorry. I find him vile. I think it is so odd that he asked Deanna had Travis ever called her this or that nasty name, or text her this or that nasty text when JODI sent texts saying she wanted a nice facial, the same thing he was pretending to be so offended Travis was texting, to ejaculate on her face. That is just one example. It is not lost on the jury that for all of his would be righteous indignation....comment for comment, his client matched Travis and then some. I didn't understand why he did that. Either his client and Travis were disgusting or neither were, right? I don't understand...does he think the jury forgot about Jodi's very active participation? Do you think the jury will be offended that he is condescending to them hoping they forgot what Jodi said, and texted and the phone call? Knowing who he seeks out as clients he is just laughable to me. Is the jury allowed to ask if he has ever worked with ALV or the Johnny come lately dude that is testifying next? This may not be a legal question, but I honestly do not know what Jodi meant when she said she liked being handled, she was so specific.. I like handling you when you need it ( Travis ), but I like being h an dle d" . Whatever it means, she was saying whatever you are dishing out Travis, I like it. Is that how you took it, even if she was talking about some mild s & m...that she liked it and was inviting it, not humiliated by it as Nurmi tried to present?

Can Juan Martinez play snippets of ALV and Samuels or even Jodi's testimony in his closing argument, or only quote from it?
 
I just saw a portion of the police interrogation from July 18, 2008 that I had never seen, and it made me curious about the law regarding when an interrogator can no longer ask questions. Jodi told Flores that she was wondering if she should get an attorney and Flores basically advised her against it. How can that happen? I have always been under the impression that if she even hinted at getting an attorney, then the interview should stop. Apparently not, but I would like to hear some legal views on this. She stated to Flores that she was wondering if she should get an attorney and if she did, would she be able to continue to talk to him. Flores told her no that an attorney would probably cut off all communication with him, and he continued to question her. Any opinions?
 
I answered this a while back. It is my experience that professional relationships between most lawyers on opposing sides are not too bad and sometimes quite good during the case, and can "heal" after the case. It is my experience that defense attorneys in Phoenix truly do personally dislike most of the prosecutors, and in particular, based on posts I'm seeing on my Facebook page, they dislike Juan Martinez.

I don't know if this is normal for criminal lawyers everywhere--this is just my personal experience with my group of friends. Also, I don't know if the prosecutors personally dislike the defense attorneys, because all my criminal lawyer friends seem to be defense attorneys, so I have no one to ask. ;)

Hi there AZ lawyer, is it true that Juan Martinez has a 98 percent conviction rate?
 
I just saw a portion of the police interrogation from July 18, 2008 that I had never seen, and it made me curious about the law regarding when an interrogator can no longer ask questions. Jodi told Flores that she was wondering if she should get an attorney and Flores basically advised her against it. How can that happen? I have always been under the impression that if she even hinted at getting an attorney, then the interview should stop. Apparently not, but I would like to hear some legal views on this. She stated to Flores that she was wondering if she should get an attorney and if she did, would she be able to continue to talk to him. Flores told her no that an attorney would probably cut off all communication with him, and he continued to question her. Any opinions?

I think it was OK. Importantly, he did NOT advise her against getting counsel. He told her that an attorney would advise her not to talk to him--which is absolutely true. Then he asked her what she wanted to do (IIRC--I haven't gone back to watch it again).
 
I respect you, ever so, but have you seen his website? It is chilling what he is bragging he can do for perverts and rapists. I find him vile that he chooses to specialize in that, the part about sex crimes against a minor just made me vomit.www.maricopasexcrimes.com That is a far cry from the lawyer who was virtually made to take the case, luck of the draw. He wants to defend the sexually deviant folks. I could never be friends with someone of that mindset. I notice he wears a wedding ring, it literally makes me sick to my stomach. Sorry. I find him vile. I think it is so odd that he asked Deanna had Travis ever called her this or that nasty name, or text her this or that nasty text when JODI sent texts saying she wanted a nice facial, the same thing he was pretending to be so offended Travis was texting, to ejaculate on her face. That is just one example. It is not lost on the jury that for all of his would be righteous indignation....comment for comment, his client matched Travis and then some. I didn't understand why he did that. Either his client and Travis were disgusting or neither were, right? I don't understand...does he think the jury forgot about Jodi's very active participation? Do you think the jury will be offended that he is condescending to them hoping they forgot what Jodi said, and texted and the phone call? Knowing who he seeks out as clients he is just laughable to me. Is the jury allowed to ask if he has ever worked with ALV or the Johnny come lately dude that is testifying next? This may not be a legal question, but I honestly do not know what Jodi meant when she said she liked being handled, she was so specific.. I like handling you when you need it ( Travis ), but I like being h an dle d" . Whatever it means, she was saying whatever you are dishing out Travis, I like it. Is that how you took it, even if she was talking about some mild s & m...that she liked it and was inviting it, not humiliated by it as Nurmi tried to present?

Can Juan Martinez play snippets of ALV and Samuels or even Jodi's testimony in his closing argument, or only quote from it?

I have seen his website (just now), and unless I'm missing something it wasn't the slightest bit chilling or disgusting. It's just the one page, right? It seemed very normal to me. Personally, I couldn't do criminal defense work, because so many of your clients are, in fact, guilty, but his website is addressed to the innocent.

I think the jury will definitely understand that Jodi was an equal participant in and enjoyed all the sexual activity.

The jury could have asked about any prior cases Nurmi had with ALV--same with the new expert. But I can almost guarantee Juan has already asked that question, and he would have brought it out with ALV (and will bring it out with the new guy) if they have made a practice of working with Nurmi.

I doubt the attorneys will bother getting video clips from the trial, although they might be allowed to use them. Most likely, they would have to use the official court video, though, which is of horrible quality.
 
On what grounds was the defense asking for an acquittal? Do we have the actual document of what they filed and the judge's answer?
Do we know what the defense filed today? Why are these things not being argued in open court? I'm not used to so many sealed hearings.


Regarding the diaries that the defense recently filed a motion to compel for , the diaries that were taken from her jail cell in April.....will we ever see those? Is anything she writes in jail or draws in jail subject to being taken from her, or only if there is something illegal mentioned in them, or some suggestion of witness tampering, etc. Any diary she writes could be taken, including her would be proposal for a book?

In Arizona are the visits face to face, unlike in Florida where one party is at the jail and the other party is at a wholly other location and it is more like a Skype situation?

Can reporters request a list of what books were sent to her by ALV and Samuels, or the State request that? Does the jail keep track of what books she checks out in the jail library?

Have you ever had an expert send someone self help books when that person is having ongoing evaluations by your side and the state?

The fact that Samuels filled in, or as the jury inferred, made a summarized Jodi's answers to her test for her, is that something that one could report to any board that governs him? It just seems so blatant.

Once she is found guilty, if the family wishes files a wrongful death suit, just to prevent her from profiting off art work, etc. is this something that you would expect a lawyer may even volunteer to do for them?

Does the jury get to have all the videos they were shown, the snippets, in the deliberation room, along with all the evidence, like the autopsy photos, or each time they want to see something like that, all the lawyers, the judge and Jodi need to be called together for it to be played or photos shown to them?

If their client is found guilty, can the defense lawyers write books about this case or only if she is acquitted?

The first expert that asked to be removed from the case, do you know why? Do you know who the first lawyer that asked to be removed from the case was referring to when she said that she had a conflict of interest from representing someone who was a potential witness in the case, or does that name remained private?

Is the state allowed to argue in closing arguments that we did not hear from the one person Jodi kept mentioning she had told at the time, about the abuse, Matt McCartney, and we did not hear from Lenore Walker that Jennifer was insisting to Dr. DeMarte that no longer relies on her own criteria, etc. She was soooo adamant about that as if it were fact and Dr. DeMarte was from Mars or relying on some wrong, outdated information. The jury, not being allowed to watch TV, would not know that Leonore Walker came on Nancy Grace to say that is just silly, of course she does. So, in the juries mind...they were left with what Jennifer was implying. Can the prosecutor bring up that the defense did not call back to the stand the first defense expert, who may be well recovered from her then illness, nor did they call back to the stand either of their other two experts because even they gave up on them and concede they are wholly discredited, so they had to go out and shop for Johnny come lately? Again, it just seems so blatant that they abandon the experts they have. I have never seen a NEW expert come in. If I were on this jury I would infer the defense has lost confidence in the first ones. Why should the taxpayers have to pay for a do over with a new guy when indeed the defense has had Dr. DeMarte's full report that sets out her diagnosis for over a year? It was not a gotcha moment. She testified as they very well knew she would, they even deposed her. As a taxpayer, this makes me angry.

At this point they cannot ask for a ME of their own to testify in surrebuttal right?

Thank you in advance.

Asking for a judgment of acquittal at this stage is almost required. The defense would be accused of ineffective assistance if they didn't ask.

The motion was probably made orally rather than being filed with the clerk. I have no idea, though, why it couldn't have been handled in open court.

I doubt we will see those diaries unless they come into evidence for some reason, and we're pretty much out of time for that. I'm assuming there had to be some concern about the content, though, or they wouldn't have been seized.

I'm not sure about the visitation, but I believe it is face to face with a barrier in between.

The State already knows what books/magazines were sent by Samuels and ALV. As to Samuels, I know the title was mentioned in court. Yes, the jail also keeps track of anything she is allowed to borrow.

I don't do criminal law at the trial court level, but it strikes me as totally inappropriate for an evaluator to send books about psychological issues to the person being evaluated.

I'm not familiar with the ethical rules governing Samuels, so not sure if there's anything to report about him.

It is way too late for the Alexander family to file a wrongful death suit.

The jury can see anything that was admitted into evidence during deliberations, including photos and videos.

The defense team can write books regardless of the outcome (but not releasing attorney-client privileged information without informed consent).

I don't think any expert asked to be removed, I think they just said, hey, get another expert. As for Victoria W asking to be removed for the conflict, the name of the person previously represented by her office has not been released AFAIK.

JM could mention the failure to call certain witnesses, yes.

I think the judge should have said the defense team could call Dr. Samuels back, but could not get a new expert at this late date. Unless I'm misunderstanding something about Dr. S's credentials.

Yes, IMO it is too late for the defense to get someone to testify that the gunshot could have come first. Personally, I suspect that the reason the defense didn't get an expert on this issue is that they couldn't find an expert to say (1) the gunshot might have been first, AND (2) Travis could still have been a threat to Jodi after the gunshot. It's the second part that is truly ridiculous.
 
Some more questions unrelated to each other...

Presumably the judge was reluctant to grant surrebuttal. Any idea why she wouldn't tell the DT they could use Samuels for it? That would save time and money, wouldn't it? The DT would probably counter saying Geffner is needed because he's also a DV expert. But then the judge would counter that that contradicts that they merely wanted to rebut JDM's BPD diagnosis.

Do you expect the surrebuttal to be by far the most contentious episode of this soap opera? I'm thinking a) the judge has set strict limits on what is allowed, b) the DT will continuously try to exceed those limits, and c) JM will object any time they are even close to those limits. Is it even possible something comes in that causes JM to ask the judge to allow him a sursurrebuttal (whatever the word would be)?

To meet the timetable she has set, would the judge set any sort of time limits on each side for closing, or would she have based the schedule on asking them for their estimates of how much time they need? (I'd imagine it's the latter.) Is there anything she can do when the time comes if either side is far exceeding what they said they needed, endangering her schedule?

Thanks!

I have no idea why the judge didn't limit them to using Samuels. Yes, I would expect that the sur-rebuttal would be tightly controlled, and I would not expect JM to get a sur-sur-rebuttal unless those controls go awry for some reason.

I think the judge's time limit is about 1 day per side for closing. Yes, she probably asked them how much time they needed, and she probably didn't want to deny either side whatever time they asked for. Frankly, 3 hours or so per side would be plenty. Maybe not for Nurmi, because he talks slowly. ;) IMO this judge will be very hesitant to cut anyone off for exceeding the time limit, due to appeal concerns.
 
I really would be surprised if the jury didn't decide murder 1/death in this case, but, when I think back on the pitiful 12 in the CA case, it makes me ask: do you think we'll ever get to a "professional jury"?

No. Or at least I hope not, because I believe in the American system. :)
 
Questions please ...

Let's assume that Arias gets convicted of 1st degree murder and we move to the sentencing phase of the trial. JM will produce evidence as to the aggravating nature of the crime and the DT will counter with mitigating evidence.

Can the opposing side cross-examine any witnesses presented ?

Can Arias take the stand again and further lie and drag Travis through the mud to save her own life ?

Does the DP require a unanimous vote by the jury ?

How long does the sentencing phase normally last ?

Thanks ...

Yes, there is cross-examination during the penalty phase.

Yes, JA can take the stand again and lie her pants off again.

Yes, a death penalty decision would have to be unanimous.

There is no "normal." I would guess several weeks for the penalty phase.
 
I see in today's minute entries from the hearing yesterday that Judge denied Defendant's Rule 20 Motion! Does that mean they don't get manslaughter as an option?

No, the Rule 20 motion was just a routine motion for acquittal that is almost always made at this stage.
 
I'm beginning to think Dr. Samuels said no when in hell will I come back in front of JM.
 
hello, excuse me if this has been asked before, if by some fluke the jurors decide on crime of passion, what could her sentence be? and what would manslaughter be? it would be quite something if she got 40 yrs and got released at age 70. she would miss out on all the things she took away from travis, dating, a future, marriage, children. i wonder if she would even want to get out of prison by that time, she would be so used to it. thanks in advance

Crime of passion and manslaughter are the same thing. I think 7 to 21 years? Something like that. She's already served almost 5 years, of course.
 
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