Penalty Phase #12

[Truth Detector]

Are there guidelines for the Allocution? Does she only get to talk about herself, her life, her redeeming qualities, and why they should let her live? I don't think she gets to trash Travis or rehash her defense. Right?

Competent counsel would advise her to limit her comments to only allowable/permissible allocution as determined by JSKS.

If not, the lying torture-murderess will open herself to cross-examination.

IMO, Juan Martinez is too smart and aggressive to issue a pass on such a breach should she 'go there'.

If JA does go rogue on her counsel and the Court, and JSKS permits JM to hold her accountable under the law, it will be a sight not to be missed.

 

[Wolfpack Fan]

I don't think Patti and Darryl are just making statements. They are mitigation witnesses who were going to tell us what Jodi has done that outweighs the aggravation factor of Jodi's especially cruel murder. Do you think Deanna wanted to get up on the stand and admit to the whole world that she and Travis had sex for about a year? She loved Travis so much that getting justice for him was more important than any negative information that came out about her. If Patti watched any of the trial, she would know that Juan would get out anything wrong she had ever done in her life. I'm surprised about Darryl, though, because I think he is still in love with Jodi. I think Nurmi got mad last week and sometime over the past few days told Darryl not to come to court.

 

[ScarlettScarpetta]

Competent counsel would advise her to limit her comments to only allowable/permissible allocution as determined by JSKS.

If not, the lying torture-murderess will open herself to cross-examination.

IMO, Juan Martinez is too smart and aggressive to issue a pass on such a breach should she 'go there'.

If JA does go rogue on her counsel and the Court, and JSKS permits JM to hold her accountable under the law, it will be a sight not to be missed.

They are competent. They are doing the best they can but they have a wild card for a client. My guess is, that she could care less now.. She will say whatever she wants to.

 

[Mellinyce]

And since the instruction is that the jury should consider the mitigating factors to see if they justify saving her life... and the defense isn't going to be doing anything... does that mean she gets death?

Maybe it means now that CMJA has to address all the mitigating factors mentioned by KN herself when she talks about her favorite subject...HERSELF...since no one else will speak on her behalf about any of the mitigating factors.

 

[kscornfed]

I truly think the DT wants the jury to believe that poor Jodi has no support system. By not calling anyone they will reinforce that, but I don't think the jury will believe it. Her mom has been there daily, that is a show of support IMO. I think it is all a game for the DT and trying anything they can for a mistrial or an appellate issue.

I think the jury, after listening to her garbage for 19 days, will understand why she has nobody out there supporting her. I WOULD wonder if I were them, why her mother has been there every day, but they aren't going to hear from her.

If Nurmi was going to go with this "lack of support" crap, wouldn't it have been smarter to tell her family to stay home?

 

[biggirl]

My observation today was that Nurmi was totally disrespectful to the Court and Prosecutor. For him to say over and over that JSS has denied CMJA a fair trial and that Juan has intimidated all the D witnesses was ludicrous! I recall JSS bending over backward for the D and we do not even know what all the sealed hearings were for. As far as Juan, he just demanded the truth! Big deal. JW tried to imitate him (not very well) and tried to intimidate the State's witness. Including the ME.

The good news is that the appeals Court will have access to EVERYTHING said and done in this trial and so what Nurmi and JW have pulled will be for naught!

I did notice today that JW did not seem interested in the notes CMJA was writing to her. Her body language has completely changed since the post verdict interview! IMHO they are so done with her.

I wanted to jump out of my computer and into the courtroom to say, "wait a minute, Nurmi was not real kind with Deanna!!!" But Nurmi has a double standard IMO

 

[Tenaciousdae]

Anyone that would testify on Jodie's behalf would be subject to juan and by that I mean! Like Jodie's childhood friend spoke to abc that Jodie had a wonderful childhood than she was going to testify for the DT that Jodie was abused or treated bad.
Than there's her mom who in the interrogation with Flores stated that Jodie had mental problems. So if she testifies juan can use that interview against her.
Than there's Donovan who is now probably not allowed in the courtroom. I don't know what happened to Daryl brewer but oviously juan could shoot his testimony down too?

If that was my daughter! I would be held in contempt of court if I wasn't allowed to say something to save my daughters life. wouldn't agree with what she did but I wouldn't just let her go to death row without saying something anything.

The most ironic thing is the first time I ever saw Donavan was on dateline, and she was saying how jodi should stop talking because it was going to to hurt her... If only they all had taken Donavan's advise. No it wouldn't have changed any of their records but they wouldn't have a problem with mitigation statements changing.

If Jodi's mom took the stand I'm sure she could plead for her daughters life without opening the door back to the conversation with det Flores. The DT isn't necessarily throwing in the towel, they are playing the best cards felt at this point... :moo:

 

[PrincessSezMe]

I don't think it is desperation. I think they just want certain things as part of the record for whomever gets handed the appellate work.

I do understand, now, what the media comment was about. Everyone that could have been a mitigation witness for JA, including her own mother, has been on the television, radio, website, what have you, and already done too much damage to get on the stand and not be impeached with anything they have previously said. So, if anyone you know is charged with a crime, do not talk to media, do not post anywhere about it, and another heads up, don't email friends and family about it. Everyone is happy to go on t.v. until the stuff hits the fan and they find out they made it worse.

IMO it is desperation. This client has thwarted any effective defense possible right from day one with all of her lies and changing stories. Now it's the eleventh hour, and the DV defense didn't fly, and they have run out of options to save her life. And she STILL continues to tighten the noose despite what they may be advising her to do or not to do. An interview 20 minutes after conviction of murder in the first degree is not an Einstein move. It speaks to her self absorption, and her determination to be the orchastrator of her own biography. I honestly think she is delusional enough to think that this is nothing more than her own life story. Her script, her way.

I agree that some of her mitigating witnesses destroyed any chance they may have had to help her by putting themselves out in the media, although her family hasn't done that, so I don't understand why none of them will speak for her life. Potential witnesses like PW and MM, however, have definitely done or said things in the media that are detrimental to her case. I find it a bit appalling though that the DT would turn that around and point the finger of blame for that on anyone other than the person who is directly responsible. Nurmi reached a new low today IMO. He insulted every single facet of the justice system in this case with his little tirade and blame game, when he should have been looking in the mirror.

 

[Boytwnmom]

whether she had made any money in connection with this case, her relationship with Jodi etc. And, not because he's nosy or mean but because this is just the type of bias evidence that damages a witnesses credibility. Just like asking witnesses about their being paid. So, he likely asked her a series of questions about her selling the items, how much she was paid and questions to elicit how significant that money was in her life. That could have elicited the info that she is on public benefits. Thus, selling pics would be an important source of income. Her relationship with Jodi and potential for making more income if she testifies for Jodi and the money she had already made by selling the evidence of her relationship with Jodi is important info for the jury to consider in determining the credibility of the witnesses testimony and the weight it should be given.

For example, the jury could have concluded that whatever testimony she offered was made in anticipation of making her and her pictures more "valuable". She had already parlayed her relationship and photos to go on national TV and be paid for old pictures.

The more I think about it the clearer it is that Patti was NEVER going to testify.

Maybe Juan meant the pictures of her wedding & pictures of her & Jodi when they were teenagers, that were shown on HLN. Don't know if she got money for them of not, but that came to mind when Juan said that.

 

[Mrs G Norris]

And since the instruction is that the jury should consider the mitigating factors to see if they justify saving her life... and the defense isn't going to be doing anything... does that mean she gets death?

Yes, although her statement may move them (LOL), they've already agreed this murder deserves death .. she's toast.

 

[katiedid2]

I think the jury, after listening to her garbage for 19 days, will understand why she has nobody out there supporting her. I WOULD wonder if I were them, why her mother has been there every day, but they aren't going to hear from her.

If Nurmi was going to go with this "lack of support" crap, wouldn't it have been smarter to tell her family to stay home?

I don't think the jury has much confidence in anything the defence says and does at this point. They have seen enough they are over Jodie arias and her team. They just want to get beyond this and return to their lives, their families and their jobs.
We are over it and so we can only assume that they are also.

 

[sammijo]

BBM
No official info has been given to why Darryl isn't going to testify, but IMO it almost seemed like KN, when denied his motions this morning, decided to just pull the plug on any witness. I hate to say this but it really came across as almost a fit of temper.

I know it seemed like he was having a hissy fit, and he did seem to be, but I can't see him canning witnesses that the killer wants to speak. I think this is a ploy, just another part of her ever-evolving strategy to send herself to death row. I'm not sure that's her goal, but she's so inept and sure of herself, that's the job she's doing.

 

[outofstatelawyer]

I understand Darryl was under subpoena for last Thursday so had to show up, but perhaps the subpoena did not cover today and he chose to do what was best for himself and his son.:twocents:

Doubtful. Most court subpoenas require you to appear on "X" day and "from day to day until finished". Of course, since DB and Patti live in California, the DT would have to jump some hoops to get them brought back to AZ to testify. They weren't serious about doing that.

 

[kscornfed]

whether she had made any money in connection with this case, her relationship with Jodi etc. And, not because he's nosy or mean but because this is just the type of bias evidence that damages a witnesses credibility. Just like asking witnesses about their being paid. So, he likely asked her a series of questions about her selling the items, how much she was paid and questions to elicit how significant that money was in her life. That could have elicited the info that she is on public benefits. Thus, selling pics would be an important source of income. Her relationship with Jodi and potential for making more income if she testifies for Jodi and the money she had already made by selling the evidence of her relationship with Jodi is important info for the jury to consider in determining the credibility of the witnesses testimony and the weight it should be given.

For example, the jury could have concluded that whatever testimony she offered was made in anticipation of making her and her pictures more "valuable". She had already parlayed her relationship and photos to go on national TV and be paid for old pictures.

The more I think about it the clearer it is that Patti was NEVER going to testify.

BBM: bingo!! They knew what would happen with patti. That's why they did it. It set the stage for everything we saw today. MOO.

 

[cece5300]

Oh my word. What on earth happened today?? Is there a youtube? Will the case ever end?? I'm starting to worry it won't.

 

[Paintr]

I think the jury, after listening to her garbage for 19 days, will understand why she has nobody out there supporting her. I WOULD wonder if I were them, why her mother has been there every day, but they aren't going to hear from her.

If Nurmi was going to go with this "lack of support" crap, wouldn't it have been smarter to tell her family to stay home?

Yeah! But KN wanted to get his shots against JM and the judge/court 'on the record' for future reference.

 

[leebee52]

Had to go tend to real life for a while. Now I'm lost within all the bookmarked WS pages.

 

[pferrin]

This is exactly what I think! It was a staged farce, the faux "outrage" from Nurmi & Wilmott was a little too over the top. If you look at Jodi's face--she is enjoying every single moment of it. Almost like she knew exactly what was going on and she was smirking about it.

How pathetic would it be for the defense to just concede the fact that they could find NO MITIGATION WITNESSES in 5 YEARS????

I agree ...Nurmi protests too loudly

 

[sammijo]

I do honestly though think it's kinda weird that people who want to speak on behalf of the defendant have to be crossed. Even though I don't care about this woman at all, and she should have no rights. But I just find it odd. They are making a statement, they should not be on trial of past mistakes.

I understand but I have to say, in this particular case, I would not want anyone getting up there to say whatever they wanted about the killer.

If the killer's mom could get up there and lie, without worry of that interrogation video and Juan's cross exam, I'm sure her daughter would have her up there on a hot minute.

I can only imagine all the things the killer would have people saying about her, if they didn't have to worry about a little thing called the truth and Juan.

Just MHOO.

 

[Lisa57]

Stephen and Samantha Alexander were dressed nicely when they presented their victim impact statements. I wonder if Jodi will get "dressed up" and have her hair fixed differently for her final appearance before the jury. :moo:

It looked like today may have been a shower day so I expect bad hair the next couple of days until the next shower day.