Penalty Phase #12

[krkrjx]

They are doing this to deliberately give her ineffective counsel so she will get a new trial on appeal, right?

Seems to me it should be a giant NO NO for defense attorneys to deliberately throw a phase of a trial in hope of a successful appeal based on ineffective counsel. IMO, if such an appeal were successful I hope it would pave the way for immediate disbarment. I see it this way...if this were something the laws of our land allowed, defense attorneys nationwide would be doing it as a matter of course anytime the going got rough during trial.

 

[Becky Sharp]

As JA stands for jury's entrance she looks rather pleased? Am I right or crazy?

 

[Nali87]

Mark Mistretta ‏@MarkMistretta 8m

#JodiArias doesn't look shocked by any of this, so I think this whole thing was planned as "strategy".

I think the Judge thinks so too. The way she kept saying "The court can only speculate as to why Ms. Womack is not testifying. The court can only speculate as to whyyyy the defense is not calling any witnesses"

 

[Melanie]

Ploy by JA and her defense team since Judge Stephens denied the motion for mistrial. If we can't get what we want, then we won't call any mitigation witnesses at all.

That sure supports her stance of "give me the death penalty". What's the jury supposed to do without any mitigating witnesses? Just assume she's sprouted angel wings and really is a good human being?

IMHO the DT had this all planned out to make sure there are grounds for appeal.

MOO

Mel

 

[Agatha_C]

Jodi Mind Tricks ‏@JusticesBoyToy 36s
This was the most exciting day of the #jodiarias trial since last Thursday.

 

[jabberwocky]

That's what I think. If not for their legal status (jobs), they would have picked up their briefcases and walked out. However, the judge would have held them in contempt I believe for abandoning their client.

I really won't be surprised if JSS will adjourn for the day because KN says his client isn't ready/willing to take the stand and needs more time. Just another stall because he didn't get the mistrial he so desperately wanted.

All MOO

Mel

I don't think JW or KN even brought briefcases today....the lone item on the defense table was ONE yellow legal pad to write on. They had zero intention of proceeding today. Did DB testify under seal last Thursday? This stinks to high heaven! MOO

 

[ScarlettScarpetta]

Can Womack be held in contempt for not appearing? After all, Judge told her that her testimony could be sealed?

No. Mitigation witnesses are not required as in a guilt finding phase. This is basically just to give her a hand up with the death penalty.

 

[prima.facie]

I knew in my gut the trial would not continue today. just knew it. but now that its canceled I cant believe it.

id love for some attorneys here to chime in on their thoughts of all of this.....

 

[Plumeria5]

Round in Circles. This melody just keeps going through my head. Unbelievable!

Will It Go Round In Circles 1971 Billy Preston 1946 to 2006 Original Song EarlyEd Bangladesh Charity - YouTube

 

[carnnell]

Afternoon (ET) all!!!

Woooow the dodo is hitting the fan this fine beautiful day in the neighborhood of Arias Trial. Boy oh Boy. I just don't know what to say. I have watch mitigating phases in other trials, as I am sure many of you all have done too, and the DT has come up with something for the jury to consider. Of course, I have to consider who this defendant is vs other trials. duh!

In my non-legal opinion, I believe one of two things may be going on: 1) The DT is sticking it to Arias within the ethical boundaries; or, 2) the DT is making a last ditch effort to find something to over turn on appeal knowing it won't work but looks good in front of Arias, who thinks she is the hot shot Attorney.

Otherwise, I have no idea what the DT is attempting to do other than throwing up their hands to the whole kit and kubuddle.

JMHO

 

[Southern_Meadow]

What'dya wanna bet the DT comes in tomorrow morning and says, "wait, hold up, judge! We take back what we said yesterday. We'll be calling JA's mother, father, brother and sister to speak on Miss Arias' behalf."

Wouldn't surprise me in the least.

 

[AZWatcher]

I bet this jury is IRATE!!! And they will hold it against Jodi and the DT I don't care how many admonitions Judge Stephens gives them. They are human and they're not stupid.

The DT throws a Hail Mary Pass that looks more like a towel.... and the convicted murderer gets another damned day off to prepare her manifesto...

 

[Madeleine74]

The DT is doing a typical defense maneuver to delay whenever they can. The problem is JSS is so scared of any potential future appeal that she is letting this go on and on and on regardless of the impact to the jurors, who continually are told to show up and they do, on time, and then get sent home after waiting.

Sorry but I fault JSS for some of the delays. DTs will always push boundaries. It's up to the JUDGE to limit the boundaries and make the proceedings go forward. The JUDGE is to blame here, IMHO.

 

[darcedarce]

The witness withdrew due to death threats. Doesn't anybody here have a problem with that?

Where is the proof? Were the death threats a'la Donovan or another of JA's cohorts? Also, JSS ruled that the witness could testify off camera. She's bending over backwards for this defense team.

 

[gcharlie]

I don't think this has anything to do with people not wanting to speak on her behalf. The latest motion drama has everything to do with future appeals. It's all jockeying for appeal position. Don't feed the drama llama.

Wow, you are the cynical one...but then again, you might be right.

But what would be the basis for appeal? I think JSS covered the court by saying that the proffered witnesses could testify under seal.

 

[zoey]

However, if the prosecution can show that DB isn't even in town -- there's a problem. That means a) he didn't want to testify, or b) the DT told him to stay at home. We all know PW isn't there.

I'm sure Juan will be able to clear that up quickly.

If the DT told them to stay home -- that in fact is witness tampering for the benefit of JA.

MOO

Mel

well they did counsel PW----

 

[JSR]

I bet this jury is IRATE!!! And they will hold it against Jodi and the DT I don't care how many admonitions Judge Stephens gives them. They are human and they're not stupid.

I agree Beach. No amount of stipulations or admonitions will stop the jury from being madder than hell that Jodi is dragging this thing out.

 

[Kentucky Gal]

Good God...was the weekend not long enough to prepare the killer's statement? What a ****ing joke

Three day Weekend!

 

[robc]

I'm starting to think Judge Stephens has a part time job she's trying to co-manage.

 

[nadjatheresa]

so why couldn't the murderer elocute today?

She left her thesaurus back in the cell.