Jodi Arias Legal Question and Answer Thread *no discussion*

[AZlawyer]

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?

The impact should be over at this point. I don't see how his commission of a crime or the circumstances of his arrest could be a problem. The only real problem would arise if he said something when he was arrested like, "All the jurors made a pact to make sure she was convicted, so I have to stay on the jury." But IMO if there was anything like that going on, the judge would have granted a mistrial instead of just dismissing juror #8.

 

[AZlawyer]

Sorry if this question has been asked and answered. Can the defense call any other rebuttal witness at this point or are they limited to just this one? Thank you.

They are limited to whatever the judge allows. We have only heard about the one witness, but I suppose the judge might have granted a broader sur-rebuttal and we just haven't heard about it yet. We know she plans to move on to closing arguments after just one day of sur-rebuttal, though.

 

[AZlawyer]

If they find first degree and it goes on another month or so for penalty phase. Does the same jurors have to be there? Or if they loose any more jurors does it just restart there?

Please don't say whole new trial.

They can keep the alternates (if there are any left) and substitute them in if necessary.

 

[AZlawyer]

Will JM be able to depose the expert testifying on Wednesday? Do you feel, like I do, that this is just a waste of time and the jury will not be happy to have to listen to another expert testify about JA's ?domestic abuse. Can this expert totally evaluate JA again or just give his opinion about the evaluation Dr. D already did? I would think if this expert evaluated JA and gave her the same tests or similar tests the results would not be accurate. And the timing of testing after five years would not be accurate? Also what is your opinion of this expert working so closely with ALV? And why bother bringing in this expert since JA has already lied directly to the jury!

I suspect that the reason for the short delay was, in part, to give JM a chance to depose the new expert.

I do think the jury will be skeptical of what has to appear like "expert-shopping" at this point.

I would assume the new expert could present his own evaluation. You are correct that the validity of these tests is lower if they are retaken.

I don't think this new expert is likely to sway the jury much, being such a close associate of ALV. And I agree that the jury must be questioning the value of diagnosing Jodi based on her own lies.

 

[AZlawyer]

Can Juan bring in the manifesto as an agg circumstance to show the jury that she thought she would be famous & shows no remorse for her crime?TIA

No. Aggravating circumstances are listed by statute. The only one alleged here is cruelty.

 

[AZlawyer]

Which side, Defense or Prosecution, will present their closing argument first on Thursday? Who will give the closing for the Defense, if you know..

TIA

Prosecution goes first. There is no way to know for sure who will do the closing for the defense, but I suspect it will be Nurmi as he is "lead counsel" and will likely feel obligated to take on that role.

 

[AZlawyer]

When the judge gives the instructions to the jury, does she compile the instructions or is there some standard set of instructions? Does the DT and Prosecution have any input on the instructions to the jury?

There is a standard set, but there is almost always some "tailoring" to the specific case. Both the defense and prosecution have input.

 

[Alexander family fan]

AZ Lawyer ,Thank you so much for answering everyone's questions. Many things in life begin and end, and this trial will soon come to a close. I know you volunteer your time to answer questions here and that is amazing and valuable. Thank you. All good things to you friend!

 

[holidayy]

I have a question I asked,i put it in the wrong place, .When the guilty verdict comes in, does she go off to her new home,PRISON, or does she stay at the country club,I mean jail for the penalty phase. I also thankyou for your time.

 

[DebinGA]

Will Jodi appear at sentencing in the orange prison clothes she'll, hopefully, wear every day for the rest of her life?

 

[Love Never Fails]

No. Or at least I hope not, because I believe in the American system.

So do you believe it was okay that the Anthony jurors did not do their jobs?

 

[Sustained]

No. Or at least I hope not, because I believe in the American system.

I also believe in the American system which guarantees a trial by jury. What I don't believe in is demonstrated in the Arias trial ... extended duration due to shortened court hours and numerous sidebars and limited compensation forcing undue financial hardship on each juror.

What would it hurt to experiment with a system of professional jurors ? Everyone else in the courtroom who has a hand in any verdict is educated in the law, trial procedure, and the rights of the defendant. Why shouldn't jurors be required to be somewhat the same, instead of learning on the fly ?

The current system works, but not all of the time. No system does, but what is wrong with improving the chances of a successful outcome ?

 

[a/k/a me]

In a penalty phase, are the jurors still under admonishment i. e. do not read, view or discuss this case with anyone, etc ?

 

[Nali87]

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.

AzLawyer I have a question: what happens if there is a hung jury during the penalty phase?

I also believe in the American system which guarantees a trial by jury. What I don't believe in is demonstrated in the Arias trial ... extended duration due to shortened court hours and numerous sidebars and limited compensation forcing undue financial hardship on each juror.

What would it hurt to experiment with a system of professional jurors ? Everyone else in the courtroom who has a hand in any verdict is educated in the law, trial procedure, and the rights of the defendant. Why shouldn't jurors be required to be somewhat the same, instead of learning on the fly ?

The current system works, but not all of the time. No system does, but what is wrong with improving the chances of a successful outcome ?

Sounds expensive. Who do you get to serve as jurors, would they need schooling? Do you rotate a set of professional jurors every case or so? Sounds very complicated. It would be better to just have judges deciding the outcome, imo. We have that here, and the judges decision have caused outrage as well. Like you said, no system works all the time. I'm sure the jury gets it right the majority of the time in cases that don't get the same publicity as the CA trial.

 

[garthmax]

Can JM point out to the jury JA's demeanor sitting at the defense table? Like her drawing. or do you think the jury has noticed.

 

[MsJosie]

Comments about inmates on death row, being organ donors is a topic on one of the forums.

Do states allow inmates to be donors when on death row? I would think that organs would be damaged either by injection or electrocution, and the injection would transfer into the organ to the patient.

As always thank you for all answers, explaining things so we understand, and for the time you give to WS.

 

[AZlawyer]

I have a question I asked,i put it in the wrong place, .When the guilty verdict comes in, does she go off to her new home,PRISON, or does she stay at the country club,I mean jail for the penalty phase. I also thankyou for your time.

Will Jodi appear at sentencing in the orange prison clothes she'll, hopefully, wear every day for the rest of her life?

No, she won't have been sentenced yet so she won't be in prison or have prison clothes.

In a penalty phase, are the jurors still under admonishment i. e. do not read, view or discuss this case with anyone, etc ?

Yes.

AzLawyer I have a question: what happens if there is a hung jury during the penalty phase?

...

Another jury would be impaneled, but just for the penalty phase. They would have to accept the judgment of guilt--and any evidence applicable to the penalty phase that was already presented in the guilt phase would have to be re-presented.

I also believe in the American system which guarantees a trial by jury. What I don't believe in is demonstrated in the Arias trial ... extended duration due to shortened court hours and numerous sidebars and limited compensation forcing undue financial hardship on each juror.

What would it hurt to experiment with a system of professional jurors ? Everyone else in the courtroom who has a hand in any verdict is educated in the law, trial procedure, and the rights of the defendant. Why shouldn't jurors be required to be somewhat the same, instead of learning on the fly ?

The current system works, but not all of the time. No system does, but what is wrong with improving the chances of a successful outcome ?

All citizens of the US have the right not only to HAVE a jury but to have a chance to be chosen to SERVE on a jury. Jury service is a civic duty.

So do you believe it was okay that the Anthony jurors did not do their jobs?

I think there's a difference between jurors misunderstanding their instructions (or finding reasonable doubts that most of us would not find) and "not doing their jobs." IMO they did their jobs, but almost certainly reached the wrong result.

Can JM point out to the jury JA's demeanor sitting at the defense table? Like her drawing. or do you think the jury has noticed.

Yes, since she's testified, he can comment on her demeanor, although I think the jury is paying attention.

Comments about inmates on death row, being organ donors is a topic on one of the forums.

Do states allow inmates to be donors when on death row? I would think that organs would be damaged either by injection or electrocution, and the injection would transfer into the organ to the patient.

As always thank you for all answers, explaining things so we understand, and for the time you give to WS.

I have no idea! Good question.

 

[swan366]

Will Nurmi/Wilmott handle the inevitable appeal, or will JA need a specialized DP appeals lawyer? Does the state pay for the entire appeals process?

 

[Sustained]

All citizens of the US have the right not only to HAVE a jury but to have a chance to be chosen to SERVE on a jury. Jury service is a civic duty.

Understood and I have performed my civic duty several times. Having professional jurors would not eliminate the process of selecting Joe Citizen to be selected as a juror. In my scenario, professional juries would only be seated for crimes/civil trials meeting a certain standard of eligibility to be determined by law. All other jury trials would follow the process as is it today. As you know, there are arguments in favor of both sides ...

 

[LadyEdith]

Why is it important for the prosecution to demonstrate "cruelty" during the penalty phase? I know nothing of criminal law or prosecution, so of course to me premeditated murder=cruel no matter what. I am sure though, that the legalese here is important and nuanced. Can you please explain some of it?

Also, would having a friend/lover lay in wait, or lure you into a vulnerable position before murdering you be considered "especially cruel"? Being persuaded into the shower for a photoshoot to recreate a calvin klein ad as well as documenting weight loss and muscle tone only to be attacked by that person seems unbelievable cruel to me. Not only was it immediately clear that Jodi meant to take his life, but this was a person he trusted enough to let into his home, and trusted enough to allow himself to be vulnerable with. I find those conditions extremely agonizing and cruel, but I understand that there are degrees of cruel. Expound!!!!

TIA