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

[Truth Detector]

I am completely convinced the 14 are just smoke and mirrors.....last minute smoke and mirrors.

Where does Nurmi appeal next? US SC? I don't know how that works...

I predict Jodi's next move after penalty trial is ineffective counsel. That Nurmi should have been replaced, etc.

Her appeals will reference her multiple attempts to dismiss her ineffective counsel, but judge wouldn't allow.

She was so desperate, in fact, that she even went pro se over advice of her ineffective counsel.

 

[Boytwnmom]

No one was asking about links to *advertiser censored* sites, just about any actual pictures. I assume the focus was on that because the only prior *advertiser censored* reference was to TA looking at an image. JA first told someon a computer and then that it was on paper. So, I think the only issue was whether there were any such *advertiser censored* pics on his computer, which there weren't. No one claimed anything else about *advertiser censored*.

I think JSS dropped clues as to her thinking. Denial on Monday. The COA has already indicated her refusal to testify in open court is NOT a denial of her right to testify. JSS knows the 14 witnesses are a gargantuan reach, and JM offered her that COA- suggested lesser means on a silver platter (audio testimony, affidavits) to obtain their testimony. And Nurmi, no matter how reluctant he is to let go of it, is just plain wrong that the State is guilty of a Brady violation (DT knew of HD, etc.), or of destroying evidence.

The only unconnected dot for me is why M testified there wasn't *advertiser censored*, but that is an appeals issue at best.

 

[Retrofit]

OK, I'm confused. State said it found no *advertiser censored* but Defense say they did. Then they talk about searches and website URLs typed into address line etc. Are they both talking about "actual" downloads of *advertiser censored*? Did State mean it didn't find any actual *advertiser censored* downloads and Defense found only searches etc.? Are they talking about the same thing or are they both correct? Is it possible this Motion could fly?

 

[Nosey Parker]

And he says he'll wait to make a decision about JA testifying until that appeal is done, right? Let's see... if the Ct App says "no death penalty," then JA won't testify because there won't be any more penalty phase. And if the Ct App says "continue on with the penalty phase," then JA won't testify either because she'll be sulking, right? What am I missing here? How could the Ct App decision on this hypothetical upcoming appeal possibly affect the determination of whether she will testify?

I think we, Joe Public, are getting carried away with Nurmi's minutia. He has one goal, and one goal only, IMO, and that's to railroad the trial for as long as possible, by whatever means, foul or fair. (Well, no fair - just foul).

 

[bsk]

William Pitts ‏@william_pitts 1m1 minute ago
Martinez says there's video of the "secret testimony' that could be used. And he even admits it hurts prosecution. #JodiArias

This is the one tweet that has me convinced JA threw someone under the bus! Which family member is it?

Or he could be trying to bait them into using it because he will destroy it.

 

[AngelWings444]

That was taken SO out of context. He was actually addressing the fact that if the witnesses refuse to testify, and they instead use video, affidavits or audio testimony- that it hurts the prosecution- in their ability to cross examine. A hit, he is apparently easily willing to take, to get this show on the road. We all know where it will lead, anyway, even if her 14... no wait 11 witnesses were willing to actually testify in person.

I did see the other tweets regarding the other witnesses. I'm not so sure he wasn't talking about JA at the time. I guess we will know on Monday. Maybe it does hurt the prosecution because she was remorseful and begged for mercy. If you believe that one, I have a bridge.... :wink:

 

[lewcch3]

From what I understand she was able to keep it in check until the jury left the room. Unless that's when her DT waited to tell her. Or did MDLR tell her while they were in sidebar about the "what is your real name" question. Lol

Wow! Sorry, just arrived and trying to catch up - but can you share more info re her after-jury blow up, if it's available?
Again, apologies if this has been asked and answered!! TIA

 

[pinkandgreenmom]

And he says he'll wait to make a decision about JA testifying until that appeal is done, right? Let's see... if the Ct App says "no death penalty," then JA won't testify because there won't be any more penalty phase. And if the Ct App says "continue on with the penalty phase," then JA won't testify either because she'll be sulking, right? What am I missing here? How could the Ct App decision on this hypothetical upcoming appeal possibly affect the determination of whether she will testify?

Why doesn't the judge call him on his BS?

 

[Nali87]

they were not then concerned about *advertiser censored*. I went back & listened a while ago and made notes from the 1st trial testimony. Nurmi spent his time with M focusing some music video that I guess he thought had a dirty name. And there were all the questions about whether there were "nudes from the waist up". That's why I don't understand how this is an issue now. Nurmi could have asked all about this stuff in the first trial. If he has an issue it is one for appeal. This is supposed to be about mitigation.

Lol! It's incredible how he totallly ignored the *advertiser censored* and chose to focus on a silly music video. He's blaming JM but it's becoming clear that he didn't follow through on what his own expert testified to.

 

[bsk]

Last note by BK...Nurmi says he may have to take it (upcoming JSS ruling) to a higher court, and that the decision whether she should testify again won't be made until court(s) resolve.

Well if JSS will ever let the trial conclude, JA's decision on testifying will be made. As long as KN can stall, then the question remains open.

And I don't think it's an issue for this court anyway. JSS says she can choose to testify or not. The COA won't hear this nonsense while the case is still open, because she could always change her mind and testify. And then afterward they'll say she had the choice and didn't take, so too bad.

The COA also has to think in terms of precedents. Imagine the precedents that KN is trying to get them to agree too. Every defense lawyer would make a mockery of every case afterward.

 

[LinasK]

Wow! Sorry, just arrived and trying to catch up - but can you share more info re her after-jury blow up, if it's available?
Again, apologies if this has been asked and answered!! TIA

Reporters tweeted she looked "visibly upset", she left the room, came back and drew and today was wearing a wrist brace. Take it how you will, I think she punched some walls last night!

 

[Caylee Advocate]

From AZ Central:

Tom Tingle@TomTingle2

#JodiArias looks around during Fri. hearing in her sentencing phase retrial. #Nurmi argued death should not be option pic.twitter.com/wEIrUwlsku

What an evil look, it appears that she might be looking dead on at the camera with her hand on her hip. Kinda' like "why are you taking pics of me, you were told you were not allowed to in my casual wear". LOL.

 

[runningwater]

Does she always wear her fake glasses when the jury isn't around?

She is really not looking young and pretty anymore...I think the badness inside her is now showing on her face...

 

[AZlawyer]

I wish JM would insist this term be clarified when the found evidence is referred to, instead of allowing the defense to use the generic "*advertiser censored*", as if the computer was loaded with images. And while I'm wishing, I wish JM had mentioned the reason DP is an appropriate option for sentencing - whether or not the prosecution failed to do the defense's investigation for Nurmi and handed to him tied with a pretty bow. Let's weigh what was done to TA against this supposed misconduct by the state, shall we? And, btw, she was examined and found sane and ineligible for insanity plea. May be off mentally, but she is legally sane and any emotional problems she might have is mitigation, not something that should be an argument to take the DP off the table.

I agree about the vagueness of the "*advertiser censored*" references.

JM can't say that the state "misconduct" should be balanced against JA's actions, because legally that's incorrect.

Also, he wouldn't mention insanity because no one has ever remotely suggested that JA would be eligible for an insanity plea that I know of. She clearly is not. The defense has only ever said that her mental issues are relevant to mitigation, which they are.

Why doesn't the judge call him on his BS?

What's the point? Rule on his motion and let him appeal if he's so inclined.

 

[memoriesbymichelle]

we can only hope dog.gone.cute. we can only hope. It sounds like she at least did some homework this time around and listened to prior testimony at least. kudos to her for that.

 

[LinasK]

She is really not looking young and pretty anymore...I think the badness inside her is now showing on her face...

The true nature of her evil is showing now, she can't hide behind makeup and hair dye anymore.

 

[Hope4More]

Well if JSS will ever let the trial conclude, JA's decision on testifying will be made. As long as KN can stall, then the question remains open.

And I don't think it's an issue for this court anyway. JSS says she can choose to testify or not. The COA won't hear this nonsense while the case is still open, because she could always change her mind and testify. And then afterward they'll say she had the choice and didn't take, so too bad.

The COA also has to think in terms of precedents. Imagine the precedents that KN is trying to get them to agree too. Every defense lawyer would make a mockery of every case afterward.

What we learned today is that Nurmi is fresh out of witnesses. Game over. No 14. No extended *advertiser censored*-fest via bearded anonymous witnesses. No long dissertation about *advertiser censored* by Dr G.

Just JA or no JA.

 

[Nosey Parker]

What an evil look, it appears that she might be looking dead on at the camera with her hand on her hip. Kinda' like "why are you taking pics of me, you were told you were not allowed to in my casual wear". LOL.

Unfortunately, she's right. Here comes another motion for mistrial. Sigh!

 

[LinTX]

Hopefully, if Nurmi thinks he's found a new playground for delays at COA, they'll surprise him with prompt denial. He may have JSS somewhat paralyzed about making decisions, but they could show him how fast a decision can be made if he becomes a pest.

 

[MeeBee]

I did see the other tweets regarding the other witnesses. I'm not so sure he wasn't talking about JA at the time. I guess we will know on Monday. Maybe it does hurt the prosecution because she was remorseful and begged for mercy. If you believe that one, I have a bridge.... :wink:

He was saying if they played video of her testimony from the first trial that would hurt the prosecution. And the only reason that wouldn't be an option is if she lied the first time around.