Retrial for Sentencing of Jodi Arias - 1/9-1/12 Break - Part 2

[daisydomino]

Transcripts do not take a week or more to do, period. The transcript for that day is only 400 pages. That is nothing. Each objection and word from the other party goes on a separate line and the lines are double spaced if not more, for easy reading. IF the court wanted them released, they would have been released. A court reporter could have this done overnight if the judge asked/ordered them to do so. Since it was already ordered to be prepared, it should have been done a long time ago. Lawyers will ask for a transcript at the end of the court day and have it in their hands by the morning. It's not that hard and it's common practice during trial, except this one. This is a another delay, no doubt in my mind.

We don't know what else is going on and what resources are available. This is like complaining that the JA trial is starting late in the morning because the judge is hearing other matters. Later we find out that she's dealing with several murder trials that day. They're all important. We are just following this one.

 

[AngelWings444]

BTW-Lambchop has warned us a few times not to get into a circular argument regarding JSS. She told us to move on from it and not challenge others opinions. I don't know if it still applies to the break thread. Just a heads up for peeps who missed it.

 

[MeeBee]

The Court of Appeals knows their decision on this particular issue subverts an appealable issue for Arias in the future (that's a good thing). The judge knew it too. Nurmi of course attempted to take the issue all the way to the supreme court and they said NO! This issue is now well and truly dead. It cannot be used by Arias in the future, it will not be used by any defendant in the future. The delay in this phase to litigate this issue means it.is.handled.forever since it went to CoA and then SC.

It doesn't mean the issue is dead forever. It's only dead for now. Jodi will still appeal on these same issues for years to come and one day an appeals judge may see things differently.

 

[AngelWings444]

We don't know what else is going on and what resources are available. This is like complaining that the JA trial is starting late in the morning because the judge is hearing other matters. Later we find out that she's dealing with several murder trials that day. They're all important. We are just following this one.

I understand what you are saying but I have been around court reporters my entire life. They don't take this long if a judge really wants them and 400 pages is nothing. Like I said, it's just my opinion based on my own experience. Also, court reporter management has been known to pull the court reporter out of the courtroom to get a transcript done, IF they believe it is a priority. I'm assuming, this is not a priority. Otherwise, it would have been prepared and released already. JMO

 

[bsk]

If it turns out JSS pulled a "long con" on JA and basically forced her & team to take their secretPrivateNoMedia issue all the way up the AZSC with the media appealing and KN filing, which is exactly what has happened, and this issue gets decided and the supreme court smacks down Arias and says "no you cannot secretly testify," which is exactly what has happened, and thus this issue can never successfully be raised on Arias' appeal, will the opinion on this (maneuver by the judge to force defense's hand) change? Why or why not?

You call granting KN's demand for secret testimony a maneuver by the judge to force the defense's hand??? If she wanted to force the defense's hand, she would have just denied the original request instead of going through all this other time-wasting right??

 

[MeeBee]

It's possible JSS was waiting for this to backfire. It did backfire, and her hands are now clean of this. The transcripts will be released, Jodi nor other witnesses will testify, the trial will come to a close, and she will be sentenced.

JMO

I get the impression the judge honestly expected the COA to side with her.

 

[bsk]

As concerned as I am about this unconstitutional secrefying of public information, I am even more worried that once trial is finally finished that KN/JW will ask (and receive) that all previously sealed documents/hearings, etc. remain sealed throughout the appeals process, to of course "protect JA's rights". I do hope that once she's out of the spotlight the media will remain vigilant about ensuring all proceedings are made public. But I'm worried.

That will only happen if the appeals court grants a stay in the meantime, which it seems pretty clear it's not going to do.

 

[MeeBee]

What temper tantrum is this? I'm not trying to be argumentative here, I am genuinely asking because I really don't recall reading or hearing anything about JA's temper tantrums until lately. I probably just never noticed. Can you help bring me up to speed?

The temper tantrum being that she refuses to testify with the public present.

 

[daisydomino]

We should be able to discuss our opinions. We should be able to post that we disagree and why. Diversity is great and we can all benefit from the variety of ideas being posted.

 

[LambChop]

The judge told the court reporter back in December to transcribe the testimony. Either there was a communication error or the CR ignored the judge.

We already knew about the appeal in the SC.

I believe those transcript records were sealed. So the judge would have to rule to unseal them first before they could be transcribed, I believe. That could be the holdup.

 

[bsk]

Clearly that's just not true since the judge, in her ruling, laid out exactly what the issue was she was worried about and from what I read, could be a bit of a sticky gray area when the defendant did not (and perhaps refused to) waive her right to testify.

This is a sophistic argument to me. JA doesn't really waive her right to testify until the defense rests its case. If she chooses not to testify at that time that's her right, and it's also right for the judge to demand the defense call a witness or rest. They can't have it both ways, which would amount to saying, "You just have to leave the case open at this point forever, because you can't deem that we have rested until the defendant either testifies or waives her right to do so." It doesn't work that way, or else no trial would ever end.

 

[MeeBee]

I believe those transcript records were sealed. So the judge would have to rule to unseal them first before they could be transcribed, I believe. That could be the holdup.

I thought there was a minute entry a poster posted of JSS ordering transcripts prepared back in December. Even so, it should not take a week. We've had a couple lawyers here attest to that.

 

[Sweet Fox]

BBM

JSKS hasn't merely forgotten the laws of the state, the CoA says that she has violated them.

I think what this adds up to for many WS'ers is that in the course of running her court -- it is her court, and she's in charge of it; a big job with no one else to hide behind -- she has unnecessarily delayed justice and unconstitutionally perverted it.

She has granted special rights to this one convicted murderer that no other similarly situated defendant enjoys.

I think what tipped the scales for some was her accommodation of the killer's demand to secretize witness names, witness lists, evidence, and actual testimony.

At the behest of this one killer, JSKS hides testimony from the public in violation of the laws of Arizona.

My significant dissatisfaction with the judge is less about her human imperfection in the job and more about the unconstitutional favoritism she shows to this guilty, especially cruel, lying murderer.

But she isn't accountable to me.

It's up to legislators to impeach her or voters to replace her -- or not.

Very well said. I could not agree more.

 

[daisydomino]

The temper tantrum being that she refuses to testify with the public present.

Oh! Me being so literal—I really set myself up for so much disappointment.

 

[ElleElle]

What temper tantrum is this? I'm not trying to be argumentative here, I am genuinely asking because I really don't recall reading or hearing anything about JA's temper tantrums until lately. I probably just never noticed. Can you help bring me up to speed?

I believe it is speculation and not fact at this point.

 

[LambChop]

BTW-Lambchop has warned us a few times not to get into a circular argument regarding JSS. She told us to move on from it and not challenge others opinions. I don't know if it still applies to the break thread. Just a heads up for peeps who missed it.

You can challenge an opinion by discussing it but not make it personal towards the poster. Everyone has an opinion, hey, even me. But if it gets to going back and forth where one poster feels their opinion is more accurate than another poster's opinion they better be prepared to back it up with a link.

 

[cindymac]

Was this perhaps around the time of the fake pedo letters that Matt created for her?

Re the roles of the Special/Mitigation Masters:

Judge Donahoe's role as Special Mitigation Master seems to have been to oversee Arias' mitigation in the early stages of the trial
"...Counsel and the mitigation specialist shall be prepared to present to the Special Master [Judge Donahoe] a detailed report regarding the status of the mitigation investigation..."

Ruth McGregor's role as Special Master was to deal with a motion that couldn't be addressed by the court because (iirc) it challenged the authority of the court.

 

[MeeBee]

Oh! Me being so literal—I really set myself up for so much disappointment.

Lol.

There have been no public outbursts DD. But she's good at hiding them from the public.

 

[wendiesan]

I love the wordsmiths that post about this case.

So far, testiphony is my favourite--hope it makes it to the Urban Dictionary!

 

[geevee]

I thought there was a minute entry a poster posted of JSS ordering transcriptions prepared back in December. Even so, it should not take a week. We've had a couple lawyers here attest to that.

Yes that's true, the Minute Entry is dated 12/02/14, directing the court reporter to make the transcription ready but not distribute it until further order.