Retrial for Sentencing of Jodi Arias - 11/3/14 Hearing - Part 2

[cindymac]

The thing I keep coming back to though, is that JSS agreed the courtroom should be sealed. Surely she wouldn't have done this if it's just a delay tactic. I also don't believe she would think the courtroom needed to be sealed for yet a different story and I don't think DP is hiding anything. I really think JA just threw a fit and refused to testify if media is there and JSS is afraid they will say she wasn't given the chance to mitigate. I don't think JSS sealed the courtroom with the plan of COA reversing it. I think she has just sealed and sealed and sealed and has become so used to the secrecy to this point and JA's request for a closed courtroom seemed logical to her at that time. Maybe the accepted fact that hearings are always in secret without media and public and then sealed made her feel that this was ok. Crazy to us I know, but I do think she just went too far, and I also think she knows it. Now what the hell Nurmi is thinking after COA granting the stay, I don't know, but it could be that he IS using this as a delay tactic NOW. I hope I made sense. JMO of course like always.

BBM
I keep thinking this too. The part I can't quite make my mind up about is if JSS agreed to it because she was in fact afraid (opting to play it ultra safe), or if she agreed to it knowing that it would be kicked to the Court of Appeals, so that (further to their ruling) she could move forward (one way or another) with certainty - and no more debate/motions on the subject.

For some reason, I always have this lurking feeling that she's far shrewder than she's given credit for, but recognize that it might be no more than wishful thinking.

 

[cindymac]

I'm not sure they will delve into motive, since she's been convicted of first degree murder in a cruel manner. They will focus on the actual premeditated killing. The why is a moot point at this penalty phase.

I'm not so sure that the "why" is a moot point, as defense has a basket of new mitigating factors relating to abuse and mental issues. Presumably, they're going to use these to explain how Arias felt, or more particularly, why she felt she had to kill Travis. Up til now, that "why" was that she felt in fear for her life. Now, I'm guessing it's going to be that she couldn't handle all the feelings these various traumas and stresses and mental disorders (you name it) created.

For instance, one of the new mitigators is:

"Ms Arias' psychological makeup impaired her ability to cope with the tumultuous relationship she had with Mr. Alexander"

 

[mydirtysecret]

That mitigation would speak only to her mental state in the time leading up to the murder. Not really the motive. But that's JMO. That's why I mention, JM has been drilling down the premeditated factor instead of motive. If the defense wants to get up and say she was beaten as a child, and was a "special snowflake" as a WS previously said which caused her to start methodically planning out the murder in May, carry it out in the most grotesque way because he had sex with her before marriage, and yelled at her I say go ahead. Less the state needs to do. The state needs to focus on the actual killing, the defense needs to mitigate the heinous crime to save her life.

 

[mydirtysecret]

Basically, what you mention is what the defense is going to mitigate. The state can of course address her psychological issues in their rebuttal to show that it SHOULDN'T be a mitigation. This phase is all about a scale so to speak. The defenses job is to put enough weight on their side to outweigh the actual heinous nature of the crime.

 

[daisydomino]

We have some down time now. I'm taking a second to thank you guys for not being as insane as any other place where people discuss this trial. This is good. :grouphug:

 

[rose222]

There is going to be a lot of D-R-A-M-A next week. :facepalm:

What Nurmi wants to say but Juan keeps getting in the way is this: 'Your honour, all we are asking is that the media be completely banned from the courtroom for the rest of the trial. In addition, we ask that the public be banned from speaking about and viewing any media about this case. The defendant's rights are more important than the First Amendment Rights. It is, after all, a matter of life or death for Ms. Arias. We're happy to continue so long as these demands..erm..requests are granted.' :what:

 

[CarolinaMoon]

I'm imagining that Nurmi and Co. were licking their pencils and rabidly trying to find case law to back up their next performance before the COA. Nurmi won't be able to stand before the three judges and whine and stomp his foot that it's not fair. These judges are new to the case and not worn down as is JSS. They will be looking for supporting evidence in a rather narrow issue, so to speak. They are not fools!

That brief should have been filed yesterday and I'd love to see what they came up with!

On the other hand, we have an expert on the First Amendments Rights of the media with research out the kazoo backing their cause.

I also hope JSS takes no more guff from Nurmi & Co. on Wednesday so we can move forward with this blown-out-of-proportion mitigation phase.

Finally, I can't wait to see the video of the COA session on the 25th.

 

[cindymac]

That mitigation would speak only to her mental state in the time leading up to the murder. Not really the motive. But that's JMO. That's why I mention, JM has been drilling down the premeditated factor instead of motive. If the defense wants to get up and say she was beaten as a child, and was a "special snowflake" as a WS previously said which caused her to start methodically planning out the murder in May, carry it out in the most grotesque way because he had sex with her before marriage, and yelled at her I say go ahead. Less the state needs to do. The state needs to focus on the actual killing, the defense needs to mitigate the heinous crime to save her life.

Paying a little more attention to the post you were replying too (now that morning, not late at night!), I see you were referring more to the State's intentions, and totally agree. Juan doesn't need to focus on the mental issues - he'll demolish those in short order - and will ram home the premeditation, which in itself will largely negate the "special snowflake" defense. What he'll end up with is a picture of someone who didn't get what she wanted, and didn't like it. Plain and simple. Which is a good motive for giving the death penalty - it makes her not only evil, but likely to kill again.

 

[YESorNO]

Jodi Arias Motion for Joinder and Omnibus Hearing to Dismiss Death Penalty


She is joining with State V. Macario Lopez

http://www.courtchatter.com/2014/11/jodi-arias-motion-for-joinder-and.html?m=0
--------

This is the joinder with others that I did find for him:

http://www.courtminutes.maricopa.gov...4/m6541879.pdf
--------

 

[ShadyLady]

Paying a little more attention to the post you were replying too (now that morning, not late at night!), I see you were referring more to the State's intentions, and totally agree. Juan doesn't need to focus on the mental issues - he'll demolish those in short order - and will ram home the premeditation, which in itself will largely negate the "special snowflake" defense. What he'll end up with is a picture of someone who didn't get what she wanted, and didn't like it. Plain and simple. Which is a good motive for giving the death penalty - it makes her not only evil, but likely to kill again.

I would think Jodi's previous animal abuse would be important. She obviously has little regard for any life. Evidence of killer with little remorse? Just look at her all her delight and happiness to be interviewed on video for news agencies.

 

[YESorNO]

-----------------------

 

[hindsight2020]

Don't know if this has been addressed, but, after reading this article, it could be that the secret witness could be Maria Delarosa, the mitigation specialist, she may well be the one person that has spent more time with the killer than anyone else. MDLR may not want her testimony scrutinized by the public as she would be detaiing all the sordid lies the killer has told her, as it may compromise her professional image as did ALV. <sigh> Hopefully, all this will unravel soon, so many questions and so little answers.

Excerpt:
http://www.capitalpunishmentincontext.org/issues/mitigation

"A mitigation specialist is also an indispensable member of the defense team throughout all capital proceedings. Mitigation specialists possess clinical and information-gathering skills and training that most lawyers simply do not have. They have the time and the ability to elicit sensitive, embarrassing and often humiliating evidence (e.g., family sexual abuse) that the defendant may have never disclosed. They have the clinical skills to recognize such things as congenital, mental or neurological conditions, to understand how these conditions may have affected the defendant&#8217;s development and behavior, and to identify the most appropriate experts to examine the defendant or testify on his behalf."

 

[tweezybird]

I have not been able to follow the trial this week, would someone post a brief summary?

Thanks
Terri

 

[franquerolane]

I have not been able to follow the trial this week, would someone post a brief summary?

Thanks
Terri

All hell broke loose.

 

[Steve44]

I have not been able to follow the trial this week, would someone post a brief summary?

Thanks
Terri

Nurmi and JSS decided the constitution should be put aside in the State vs. Jodi Arias, because, well Arias deserves no less. When the COA sided with reason and disagreed, it threw a monkey wrench into Nurmi's defense and brought the trial to a grinding halt. That's where we are now.

 

[hindsight2020]

Dave Erickson &#8207;@ericksonvision 3m3 minutes ago
It's been oddly quiet w/o any #JodiArias activity this week. It resumes Wed. Will we see the "secret" witness, someone else, or none at all?

Dave Erickson &#8207;@ericksonvision 16m16 minutes ago
#JodiArias trial = circus
Better to be absolutely ridiculous than absolutely boring |Arias:Stories From The 3rd Row http://www.fromthethirdrow.com/post/101954425142/better-to-be-absolutely-ridiculous-than-absolutely &#8230;

 

[janx]

I'm not so sure that the "why" is a moot point, as defense has a basket of new mitigating factors relating to abuse and mental issues. Presumably, they're going to use these to explain how Arias felt, or more particularly, why she felt she had to kill Travis. Up til now, that "why" was that she felt in fear for her life. Now, I'm guessing it's going to be that she couldn't handle all the feelings these various traumas and stresses and mental disorders (you name it) created.

For instance, one of the new mitigators is:

"Ms Arias' psychological makeup impaired her ability to cope with the tumultuous relationship she had with Mr. Alexander"

BBM



Any the tumult was of her own making, it seems to me. The motive was pathetic.

 

[Frigga]

Don't know if this has been addressed, but, after reading this article, it could be that the secret witness could be Maria Delarosa, the mitigation specialist, she may well be the one person that has spent more time with the killer than anyone else. MDLR may not want her testimony scrutinized by the public as she would be detaiing all the sordid lies the killer has told her, as it may compromise her professional image as did ALV. <sigh> Hopefully, all this will unravel soon, so many questions and so little answers.

Excerpt:
http://www.capitalpunishmentincontext.org/issues/mitigation

"A mitigation specialist is also an indispensable member of the defense team throughout all capital proceedings. Mitigation specialists possess clinical and information-gathering skills and training that most lawyers simply do not have. They have the time and the ability to elicit sensitive, embarrassing and often humiliating evidence (e.g., family sexual abuse) that the defendant may have never disclosed. They have the clinical skills to recognize such things as congenital, mental or neurological conditions, to understand how these conditions may have affected the defendant&#8217;s development and behavior, and to identify the most appropriate experts to examine the defendant or testify on his behalf."

I read that sentence to mean the MS finds appropriate experts to examine AND/OR testify on their behalf- the experts, not the MS do the testifying.

Hopefully AZL can chime in on this.

 

[Love Never Fails]

Dave Erickson &#8207;@ericksonvision 3m3 minutes ago
It's been oddly quiet w/o any #JodiArias activity this week. It resumes Wed. Will we see the "secret" witness, someone else, or none at all?

Dave Erickson &#8207;@ericksonvision 16m16 minutes ago
#JodiArias trial = circus
Better to be absolutely ridiculous than absolutely boring |Arias:Stories From The 3rd Row http://www.fromthethirdrow.com/post/101954425142/better-to-be-absolutely-ridiculous-than-absolutely &#8230;

This was so good. Hope he keeps writing.

 

[atthelake]

I read that sentence to mean the MS finds appropriate experts to examine AND/OR testify on their behalf- the experts, not the MS do the testifying.

Hopefully AZL can chime in on this.

Agree , or it would say "or TO testify" :Moo:

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