What are the chances JM uses the post-conviction interview tomorrow? Does it depend on what she says? Or do you think he won't use it, no matter what?
It completely depends on what evidence she presents; what she said in that interview might not be relevant to any mitigating circumstance.
Will Jodie be wearing her prison garb for sentencing?
If she is sentenced to death and the sentencing takes place immediately (which IMO it should), then she will still be in her trial clothes. If there is a sentencing hearing before the judge at some later time (25-to-life vs. natural life, or if the death sentencing is delayed for some reason), she will be in jail clothes.
Thanks. OK, for instance, if they do argue the lack of family support, then even if testimony was not allowed in during CIC, then JM can bring that in - like kicking of her mother, baseball bat/brother, leaving home to avoid the rules, or her mother being turned away when she tried to help her move back home? I'm just not clear on if or how "any relevant evidence/regardless rules of evidence" affects testimony that the defense was able to exclude during CIC. Or are prior rulings on evidence/testimony still in effect for this phase?
Except for rulings on relevance (which might be different now because the issues are different for this phase), the evidentiary rulings during the guilt phase won't matter much now.
However, I'm not sure things like being mean to her family would constitute rebuttal to a mitigating circumstance of lack of family support. I mean, Nurmi didn't say WHY she lacked family support.
But the judge might see it your way.
Does this indicate to you that the jurors who voted for pre-med AND felony murder believe the story that it was indeed Travis's gun that Jodi used? I'm just trying to figure out what the jury members who believed both were thinking. In other words what story they believed. It concerns me if they think it was Travis gun because that indicates they believe some of what she said and they may believe a fight occurred that day. If they believed the States theory that she brought the gun ( stolen from her grandparents home) and came down to Mesa with murder in mind, would this fit under Felony murder? See what I mean? I'm concerned that the ones who voted for Felony murder and pre med will opt for life because they didnt buy the States theory but do believe that since she essentially killed him three times, Pre Meditation is unavoidable but her story could still be true to some. Thanks AZ Lawyer. I so hope I made sense.
I never watched JM's closing and was confused when people told me that the "felony murder" argument was about stealing Travis's gun. But then other people told me that those people were dreaming and JM never said that.
I assume the second group of people were correct, because the way JM had explained the felony murder argument before was that Jodi either re-entered the home (after pretending she was leaving) with the intention of killing Travis, or that she became an unwelcome visitor as soon as she started the attack. That argument makes a lot more sense than the "gun theft" argument, although IMO the second version (where she became an unwelcome guest when the attack began) is legally flawed, and I'm glad the jury didn't go with felony murder for that reason.
If JM didn't make the argument that the theft of Travis's gun was the basis for felony murder, then I don't think we need to worry that the jury is confused about that issue.
Juan also said that once Jodi stabbed or shot (if you believe that Travis was shot first) Travis, she immediately became an unwelcome guest in his home. Since she didn't leave, that would be a felony. AZlawyer, do you think the jurors didn't understand this and felt that this would be like judging Jodi twice for the same crime? If this is how a felony is determined, it seems as if any murder committed with more than one gunshot, stab, hit, etc. could be considered a felony murder. Do you feel that all those who voted for both premeditation and felony murder believe that the gun belonged to Travis, or could there be other felonies that she committed while she was in his home on June 4?
I read that doing over $10,000 to a residential building is a class 4 felony. I feel sure that it would cost that much to clean up and replace everything in that master suite. You would need to replace all the bathroom fixtures, the tile and even the flooring under the tile, get rid of that smell, clean the walls, paint the walls, replace the carpet maybe in the entire house so that all of it would match, etc. Since so much of the master suite was damaged because of Jodi, could that be considered a felony?
http://www.phillipslaw.com/types-of-criminal-offenses
#18 Criminal Damage
The ONLY felony alleged in connection with the felony murder was 2nd degree burglary. The jury did not receive any instructions regarding any other felony.
IMO there would have been a problem on appeal if the jurors had accepted the felony murder theory. Luckily, they didn't. The jurors who didn't vote for felony murder perhaps realized that there was something fundamentally circular/wrong about the "unwelcome visitor after the attack began" argument.
