Jodi Arias Legal Question and Answer Thread *no discussion*

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AZlawyer said:
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.
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So the Prosecution goes first, then the defense, and then the prosecution goes again. Correct?
 
MsJosie said:
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.
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Josie, I am not an attorney, but I am a verified health professional (advanced practice nurse anesthetist) and can answer this.

At the present time, it's my understanding that executed U.S. prisoners cannot be post mortem organ donors because their manner of death is officially a homicide/ judicial death. That means they are released to the medical examiner upon death. To my knowledge the cadaver cannot be harvested for skin, bone, or corneas-- which typically can be harvested many hours after death.

I am not certain about living donation. If a death row prisoner were to demonstrate that they were a perfect match for a blood relative for a life saving bone marrow/ blood/ tissue/ kidney/ partial liver transplant, AND they wanted to donate, AND there was not another donor available that was as good or a better match, I think attorneys could make a compelling case to allow the condemned prisoner to be a living donor.

Electrocution is also judicial homicide. As well as rendering the body unsuitable for harvest.

There would be no circumstances I can envision where a U.S. condemned prisoner would be brought to an OR and harvested (heart, lungs, etc) as part of their execution process. For starters, they are not declared brain dead by statute, as they don't meet criteria for brain dead donation. There are SOO many medical, legal, and ethical issues, we could discuss this for months/ years on a thread and in a national discussion. I can never envision this happening in the U.S.

Physicians and nurses do not participate in the actual executions, except to declare death in some cases. Medical personnel do not prepare the equipment or medications used in executions, nor do they place the IVs-- even if the prisoner has "difficult access". All of the steps are performed by corrections personnel.

One issue that has been forefront in my professional literature for the past 3 years or so is the widespread lack of availability of sodium pentothal, which is part of the "3 drug" execution process in most states (along with succinylcholine or pavulon to cause skeletal muscle paralysis, and potassium chloride to stop the heart.). Pentothal is a very old drug that only had very limited use medically (mostly in anesthesia) until a few years ago. The few companies who were producing it have stopped. The current "stock" of pentothal nationwide is expiring/ expired, with no new company stepping up to produce it. (The dominant use now is executions, and that is sort of controversial and bad for retail business!) Other drugs cannot be substituted in the execution process without being put thru the legislative process, which has caused some states to put executions on hold while they re-write (and deal with the politics) of changing the lethal injection cocktail in their state.

http://abcnews.go.com/Politics/deat...ion-drug-short/story?id=11668456#.UX1V_SMo7fk
 
K_Z said:
Josie, I am not an attorney, but I am a verified health professional (advanced practice nurse anesthetist) and can answer this.

At the present time, it's my understanding that executed U.S. prisoners cannot be post mortem organ donors because their manner of death is officially a homicide/ judicial death. That means they are released to the medical examiner upon death. To my knowledge the cadaver cannot be harvested for skin, bone, or corneas-- which typically can be harvested many hours after death.

I am not certain about living donation. If a death row prisoner were to demonstrate that they were a perfect match for a blood relative for a life saving bone marrow/ blood/ tissue/ kidney/ partial liver transplant, AND they wanted to donate, AND there was not another donor available that was as good or a better match, I think attorneys could make a compelling case to allow the condemned prisoner to be a living donor.

Electrocution is also judicial homicide. As well as rendering the body unsuitable for harvest.

There would be no circumstances I can envision where a U.S. condemned prisoner would be brought to an OR and harvested (heart, lungs, etc) as part of their execution process. For starters, they are not declared brain dead by statute, as they don't meet criteria for brain dead donation. There are SOO many medical, legal, and ethical issues, we could discuss this for months/ years on a thread and in a national discussion. I can never envision this happening in the U.S.

Physicians and nurses do not participate in the actual executions, except to declare death in some cases. Medical personnel do not prepare the equipment or medications used in executions, nor do they place the IVs-- even if the prisoner has "difficult access". All of the steps are performed by corrections personnel.

One issue that has been forefront in my professional literature for the past 3 years or so is the widespread lack of availability of sodium pentothal, which is part of the "3 drug" execution process in most states (along with succinylcholine or pavulon to cause skeletal muscle paralysis, and potassium chloride to stop the heart.). Pentothal is a very old drug that only had very limited use medically (mostly in anesthesia) until a few years ago. The few companies who were producing it have stopped. The current "stock" of pentothal nationwide is expiring/ expired, with no new company stepping up to produce it. (The dominant use now is executions, and that is sort of controversial and bad for retail business!) Other drugs cannot be substituted in the execution process without being put thru the legislative process, which has caused some states to put executions on hold while they re-write (and deal with the politics) of changing the lethal injection cocktail in their state.

http://abcnews.go.com/Politics/deat...ion-drug-short/story?id=11668456#.UX1V_SMo7fk
Click to expand...

Thank you very very much!
 
For our Legal experts:

I have been reading various forums on this case and most recently it has been written there may be a question of Chain of Custody on both the found cell phone and the retrieved photos.

Since the photos prove that Jodie was an INVITED guest this could be a real problem. the question is Why are some photos time stamped and some not?
Could they have been tampered with from another sex session and placed on the camera dated June 4th. I think the comments on the camera and the washing machine were contradictory--one said it was found IN the camera and the other astated the card was found separate.
Also the infamous Tootsie Pop photo happened before June 4th as it was spoken about during the sex tape--wasn't that also found on the murder scene camera card?

I have no idea if this is indeed true but if it is this would seem like a perfect reason for the defense to wriggle out of the verdict, right. IF chain of custody can be questioned shouldn't or wouldn't JM have made sure this issue is a moot point?

I hate to believe this could be true . It just seems JM would be smarter than to be blindsided by this. What is your opinion about the possibility that this issue could exist?TIA
 
This was put on the Court Docket today:

Filing Date Description Docket Date Filing Party
4/27/2013 NOT - Notice - Party (001) 4/29/2013
NOTE: NOTICE OF ADDITIONAL TESTIMONY RE: SURREBUTTAL WITNESS

Does this mean that the Defense, having gotten JSS to agree to allow surrebuttal, now want to crack the door wider to allow additional testimony beyond the limitations set by the judge when she ruled on this? Or is it a request for yet another witness?
 
I just read on the other thread that Nurmi is not death qualified but JW is. Nurmi is the lead attorney also. I thought that the lead attorney had to be death qualified.

Also, does the attorney giving the closing arguments have to be death qualified or does it not matter.

Thank you for your answers again...:)
 
I read that the defense wants Dr. Geffner to testify that Travis would still be able to "ambulate" after he was shot in the head. Now that should be allowed, right? I would be floored. They already got their CIC and had a chance to refute Dr. Horn. Aren't they just looking for do-overs now?
 
A couple years ago, the Arias camp offered to plead guilty to Murder 2, and accept the likely 22 year max sentence. They clearly stated that if the offer was not accepted, the defense would have to involve physical and verbal abuse by TA, as well as very detailed and embarrassing details of their sex life, plus the public viewing of the death photos, etc., etc. Yet, the prosecution refused, and here we are. I honestly believe that if Travis had been able to chime in, he would have accepted that offer, rather than having his phone sex stuff, his slit throat and bloated corpse, and his reddish penis, broadcast to millions on the interweb.

So, do the legal commenters think that perhaps Martinez did not do his best to make sure that the Alexander family understood what would really happen? Did he minimize this, in the hopes of getting Murder 1 at all costs? And if so, even if he believes that Murder 1 is the true offense, how much is he charged with taking other things into account?
 
R.U.Kidding! said:
For our Legal experts:

I have been reading various forums on this case and most recently it has been written there may be a question of Chain of Custody on both the found cell phone and the retrieved photos.

Since the photos prove that Jodie was an INVITED guest this could be a real problem. the question is Why are some photos time stamped and some not?
Could they have been tampered with from another sex session and placed on the camera dated June 4th. I think the comments on the camera and the washing machine were contradictory--one said it was found IN the camera and the other astated the card was found separate.
Also the infamous Tootsie Pop photo happened before June 4th as it was spoken about during the sex tape--wasn't that also found on the murder scene camera card?

I have no idea if this is indeed true but if it is this would seem like a perfect reason for the defense to wriggle out of the verdict, right. IF chain of custody can be questioned shouldn't or wouldn't JM have made sure this issue is a moot point?

I hate to believe this could be true . It just seems JM would be smarter than to be blindsided by this. What is your opinion about the possibility that this issue could exist?TIA
Click to expand...

The photos have been entered in evidence, so none of this will stand in the way of a verdict even if there were an issue about chain of custody. Even so, I do not believe there is a chain of custody issue that could any way benefit the defense re: evidence retrieved from the lost phone. I believe the defense is the only party to introduce that evidence, so the defense cannot complain about its in admissibility.
 
Negative green said:
This was put on the Court Docket today:

Filing Date Description Docket Date Filing Party
4/27/2013 NOT - Notice - Party (001) 4/29/2013
NOTE: NOTICE OF ADDITIONAL TESTIMONY RE: SURREBUTTAL WITNESS

Does this mean that the Defense, having gotten JSS to agree to allow surrebuttal, now want to crack the door wider to allow additional testimony beyond the limitations set by the judge when she ruled on this? Or is it a request for yet another witness?
Click to expand...

No way to know from reading the title.
 
MsJosie said:
I just read on the other thread that Nurmi is not death qualified but JW is. Nurmi is the lead attorney also. I thought that the lead attorney had to be death qualified.

Also, does the attorney giving the closing arguments have to be death qualified or does it not matter.

Thank you for your answers again...:)
Click to expand...

The lead attorney does not have to be death qualified. Just like in Casey Anthony case -- Baez was the lead attorney, but he was not death qualified.

Either attorney could give closing arguments.
 
MeeBee said:
I read that the defense wants Dr. Geffner to testify that Travis would still be able to "ambulate" after he was shot in the head. Now that should be allowed, right? I would be floored. They already got their CIC and had a chance to refute Dr. Horn. Aren't they just looking for do-overs now?
Click to expand...

No, that would not be what Geffner would testify about for a couple of reasons: 1) like you said, this was addressed in the states case in chief, and there was nothing new brought out in rebuttal, and 2) Geffner is a psychologist, not a medical doctor;, and 3) I believe the pleadings stated that his testimony will rebut the BPD diagnosis given by Demarte.
 
minor4th said:
No, that would not be what Geffner would testify about for a couple of reasons: 1) like you said, this was addressed in the states case in chief, and there was nothing new brought out in rebuttal, and 2) Geffner is a psychologist, not a medical doctor;, and 3) I believe the pleadings stated that his testimony will rebut the BPD diagnosis given by Demarte.
Click to expand...

Minor, there was a new DT motion filed today. As hard as it is to believe, they now want Dr. G to ALSO rebut Dr. Horn's testimony.

Please tell us this will be denied. Outrageous!
 
dcsmyth1 said:
A couple years ago, the Arias camp offered to plead guilty to Murder 2, and accept the likely 22 year max sentence. They clearly stated that if the offer was not accepted, the defense would have to involve physical and verbal abuse by TA, as well as very detailed and embarrassing details of their sex life, plus the public viewing of the death photos, etc., etc. Yet, the prosecution refused, and here we are. I honestly believe that if Travis had been able to chime in, he would have accepted that offer, rather than having his phone sex stuff, his slit throat and bloated corpse, and his reddish penis, broadcast to millions on the interweb.

So, do the legal commenters think that perhaps Martinez did not do his best to make sure that the Alexander family understood what would really happen? Did he minimize this, in the hopes of getting Murder 1 at all costs? And if so, even if he believes that Murder 1 is the true offense, how much is he charged with taking other things into account?
Click to expand...

I believe Marinez has been in close communication with the family throughout the proceedings, and I do not believe he minimized anything. I think he prepared the family, and I do not believe any of the defend e's actions or tactics have come as a surprise to the family at all.

Ultimately it is the prosecutor's sole decision about charges and accepting plea offers -- he is not required to follow the family's preference, although he is required to consider their input. If the family had wished to accept a murder 2 plea, I think Juan would have gone along with it. This is very clearly a Murder 1 case (as well as Felony Murder, which also qualifies for death penalty). Travis' sister has made it very clear that she wants the death penalty.

I think this case was properly charged, and I think the family is completely on board.
 
Lark2 said:
Minor, there was a new DT motion filed today. As hard as it is to believe, they now want Dr. G to ALSO rebut Dr. Horn's testimony.

Please tell us this will be denied. Outrageous!
Click to expand...

Really? Well I can't imagine that it will be allowed for all the reasons I stated in my earlier post.
 
Lark2 said:
Have you ever seen anything like this?
Click to expand...

No, but this is not the first time this defense has tried to stretch their case beyond established legal principles and procedure.
 
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