Penalty Phase - Verdict Watch #4

[Sleuth5]

Hellllllloooooooooooo, Sleuthers. :seeya:

 

[discogirl]

Somebody on HLN.....didn't look up so don't know who said it....said if the judge gave the Allen charge to a jury who were not deadlocked....that would be an appeal issue. Makes no sense to me....

I asked about this in the legal thread & this is AZLawyer's response (I trust her a whole lot more than the TH's):

Originally Posted by discogirl
There is a lot of back & forth going on about the jury being deadlocked or not. Many people are insisting that there is no possible way the judge misunderstood the jury's note. Especially because she brought in the lawyers & families back to the courtroom. What do you think? Is it possible she simply misread the note? If there was a misunderstanding would the judge come out and say that publicly? Also, I am under the impression that she forgot to give the jury part of the instructions (this could be the cause of the jury question episode). Can this cause any future problems? I appreciate any info you can share, I'm trying to clear up some confusion.
--------------------------------------------------------------------------
AZLawyer response:
If the people in the media who quoted the exact language of the note were correct, then I think she should have responded with, "If you are deadlocked, you should use [whatever form] to inform me of that fact." Then, if she got the form back from them, she should have given the "go back and try harder" speech. I don't think it makes much difference, though--what harm can there be in giving the speech to a jury that is not deadlocked?

I'm not sure if the instruction was really forgotten or was written in response to a request from one side or the other, or what, in fact, the instruction actually was. The media reports were conflicting as usual, and I couldn't find a link to the video that would work on my ipad. If anyone can help me out with that, I'll be happy to try to answer the question. Certainly there is a normally-given instruction that says (summarizing) that if they vote "life," the judge decides between LWOP and 25-to-life. If that's the instruction, and if it wasn't given at first but was given before deliberations ended, I don't see the problem.

 

[my_tee_mouse]

Anyone else think they had a verdict when they left yesterday....and, did the same "sleep on it" thing and will announce shortly after they arrive?

Hope so!!!! I'm sure we will all be watching for notices of "smoke breaks!"

 

[dog.gone.cute]

No. I hope I am wrong.

I think they will remain deadlocked and I am sick with worry over it.

I don't know much about Arizona law but it doesn't seem right to have to choose a new jury for just the penalty phase. If the jury is deadlocked it should go to the judge IMO. It just doesn't seem right to me.

:seeya:

BBM: I am worried sick over it, also ... I just hope and lease: that that is not the case.

It doesn't make sense to me either ... but on the other hand, IF the jury is deadlocked, I don't know IF I would want to see this case go to JSS, especially since she lifted the BAN on the CM giving interviews !

:moo:

 

[Ricki]

This really bothers me from Ryan Owens interview with CM: He asks "so you think people will be safe with Jodi Arias out of these 4 walls" Her answer "yes, if you don't abuse me or attack me or threaten to kill me, then you're safe."

She will definitely kill again. Also, it is my opinion her answer was a direct threat to Ryan ( like back off) because in her demented mind, Ryan was verbally attacking her. He is a ''hater" you know.

 

[sunniTX]

How do i sign up for the verdict alert that really didn't do me much good last time. but, i am tired and want to nap.

Text "BREAKING" to 23765 (CBS 5; has worked for me last 2 verdicts)

 

[luvtenniss]

So am I sweetie, but this case has made me question my sanity, and my knowledge of the law. I just feel so bad for the Alexanders.

I am here with you all for the duration, too. The Alexanders are truly amazing. My thoughts and prayers are with them, as well as with our wonderful jury.

Speaking of, I posted something like this yesterday as the thread was closing, so I am going to kind of repeat myself.

Yesterday morning, first thing, the judge called the jury in to clarify some instructions about life vs. death penalty. It was very shortly after this that the jury came back with the issue of being hung. I really do believe it was just for more clarification of jury instructions. They wanted all instructions clear before they really got into heated discussions. The judge read it wrong and provided her answer. I think they got enough from that answer that they knew they were to keep working on it unless they were sure they could not agree. If it came to that point, they would ask instructions again, if necessary.

This jury did not give up after 2 hours - not this jury!! They have been so patient and dedicated. They agreed unanimously that aggravation was met, making the case death worthy. And they agreed on that quickly. They ALL feel death is worthy here.

I truly believe they want to go over each mitigating factor, with each juror, until they are able to know they are making the right decision that they will be able to live with. Just like they did with the 1st degree verdict, they want to be thorough and make sure this sticks. And I truly believe they will have a verdict today, and I do think it will be the death penalty.

 

[popsicle]

Maybe the same reporter who claimed to have the exact question written by the jury, would be able to slip them THIS little ditty.....

http://abcnewsradioonline.com/national-news/jodi-arias-feels-betrayed-by-jury.html

"All I know is that, if I were given freedom again, I would handle it very, very responsibly," Arias said. "If you're not abusing me and attacking me and threatening to kill my life, there's no reason to fear."

WOW!! Now THAT scares me!! If she claimed "abuse" by being called a *advertiser censored* or a 3HW, she obviously has a plan for "the next time".

Note to men EVERYWHERE if she ever gets out....lock the bathroom door at ALL times, and do NOT let her use your camera!!!

Yes, exactly what a parole board does NOT want to hear.

 

[Hopeful One]

Okay, finally moving on over.

Hope all of our foulity (I made that word up) disappears today either before or with a DP verdict!!!!!!!!!!!!!!! :skip:

 

[sunniTX]

This really bothers me from Ryan Owens interview with CM: He asks "so you think people will be safe with Jodi Arias out of these 4 walls" Her answer "yes, if you don't abuse me or attack me or threaten to kill me, then you're safe."

She will definitely kill again. Also, it is my opinion her answer was a direct threat to Ryan ( like back off) because in her demented mind, Ryan was verbally attacking her. He is a ''hater" you know.

Key words here are "abuse me" (BBM). Her perception of abuse is anyone who disagrees with her or stands up to her. :stormingmad:

 

[Love Never Fails]

A year after the convicted murderer's arrest, Judge Sally Duncan made a ruling limiting the State to the aggravator of cruel, discarding heinous, depraved. There is now a weighing process going on inside the jury room and I'm thinking that limitation is unfortunate. The jury has already found the cruel aggravator proven but now the Defense comes forward with its eight "mitigators". These are not only insignificant, not one is a statutory mitigator but that is not the format Defense used to present them. There was a huge courtroom display, each mitigating suggestion explained by Nurmi with his heavy emphasis. Analyzed, these eight suggestions amounted to a pile of dust but did the showy presentation have a visual and auditory impact? What we would like to stack up against the "mitigators" are all legal aggravators, just for numeric value. Since State wasn't granted all aggravators, I would like to hear once again, Juan Martinez stress the inconsequential nature of Defense's eight mere suggestions and their empty hands without one statutory mitigator.

Tuba,
Please explain the moon in Scorpio thing. Thanks.

 

[Sleuth5]

Okay, finally moving on over.

Hope all of our foulity (I made that word up) disappears today either before or with a DP verdict!!!!!!!!!!!!!!! :skip:

I hope I don't contract foulity today, myself.

 

[my_tee_mouse]

Key words here are "abuse me" (BBM). Her perception of abuse is anyone who disagrees with her or stands up to her. :stormingmad:

Exactly.

 

[dog.gone.cute]

From our "Buddy" at WAT :


58m Wild About Trial @WildAboutTrial

hWild is heading down to the courthouse now and hwill check in hwhen he is up in the hallway. #JodiArias



:great: What a trooper ...

 

[EGirl]

I am here with you all for the duration, too. The Alexanders are truly amazing. My thoughts and prayers are with them, as well as with our wonderful jury.

Speaking of, I posted something like this yesterday as the thread was closing, so I am going to kind of repeat myself.

Yesterday morning, first thing, the judge called the jury in to clarify some instructions about life vs. death penalty. It was very shortly after this that the jury came back with the issue of being hung. I really do believe it was just for more clarification of jury instructions. They wanted all instructions clear before they really got into heated discussions. The judge read it wrong and provided her answer. I think they got enough from that answer that they knew they were to keep working on it unless they were sure they could not agree. If it came to that point, they would ask instructions again, if necessary.

This jury did not give up after 2 hours - not this jury!! They have been so patient and dedicated. They agreed unanimously that aggravation was met, making the case death worthy. And they agreed on that quickly. They ALL feel death is worthy here.

I truly believe they want to go over each mitigating factor, with each juror, until they are able to know they are making the right decision that they will be able to live with. Just like they did with the 1st degree verdict, they want to be thorough and make sure this sticks. And I truly believe they will have a verdict today, and I do think it will be the death penalty.

100% agree! :seeya:

Don't want to hear anyone berating this jury! They have gotten it right the whole way.

I saw someone post yesterday that they would refer to them as the Maricopa 12 if she didn't get the DP?! Really?! THIS JURY? They ROCK :rockon:

 

[josie1986]

Is today the day? I hope so and all this can be over for everyone :sigh:

Sent from my 'alternate reality' using my hippocampus

 

[Hopeful One]

Have they started deliberating? I heard all different start times and I don't have a TV here.

ETA: Never mind, got my answer.

 

[SunnyinMO]

HLN Poll


What will this jury do?
12:04 PM EDT, Thu May 23, 2013
56% Sentence Jodi to death penalty
25% Sentence Jodi to life in prison
19% It will be a hung jury

 

[TXProfessional]

Hi everyone. I heard deliberations started at 9:30 and then read on another thread that they are beginning at 11 today? Does anyone know? TIA.

Curious, iirc the jury set their hours at 10 am to 4:30 pm Monday through Friday.

 

[cityslick]

I am here with you all for the duration, too. The Alexanders are truly amazing. My thoughts and prayers are with them, as well as with our wonderful jury.

Speaking of, I posted something like this yesterday as the thread was closing, so I am going to kind of repeat myself.

Yesterday morning, first thing, the judge called the jury in to clarify some instructions about life vs. death penalty. It was very shortly after this that the jury came back with the issue of being hung. I really do believe it was just for more clarification of jury instructions. They wanted all instructions clear before they really got into heated discussions. The judge read it wrong and provided her answer. I think they got enough from that answer that they knew they were to keep working on it unless they were sure they could not agree. If it came to that point, they would ask instructions again, if necessary.

This jury did not give up after 2 hours - not this jury!! They have been so patient and dedicated. They agreed unanimously that aggravation was met, making the case death worthy. And they agreed on that quickly. They ALL feel death is worthy here.

I truly believe they want to go over each mitigating factor, with each juror, until they are able to know they are making the right decision that they will be able to live with. Just like they did with the 1st degree verdict, they want to be thorough and make sure this sticks. And I truly believe they will have a verdict today, and I do think it will be the death penalty.

If that's really what happened then that's disturbing on a number of levels, because it's an error that an officer of the court made. She not only said they were deadlocked, she gave them the 'you need to work through this' speech. On top of that, everyone (most importantly, the Alexanders) was led to believe this. I'm pretty sure she discussed this deadlocked issue with the lawyers before she even spoke to the jury.