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

[wenwe4]

http://www.azbar.org/newsevents/newsreleases/2014/10/brentjkleinmanreprimand

It does happen... Nurmi may be next to receive a reprimand...

I think AZL answered the question about somebody having a "come to Jesus meeting" with Nurmi on the Atty Question thread.

 

[ILikeToBendPages]

September 16 2014 Sheriff Joe denies director and producer of “Sin By Silence”, Olivia Klaus request to interview Jodi Arias in a single-day shoot. Klaus "has a passion for giving voice to those who are behind prison walls," according to the letter.

Now this was all happening about the same time as the infighting about who to send your donations to, Jodi doing pro se again, and Bill and Sandy's begamercial

 

[Reagan]

Here is a 20 + minute interview of JA that I had not seen in it's entirety.
This was after she was arrested. She's UPSET that her freedom had been taken away, for something she didn't do :furious:
I swear I have never seen anything like this woman in all my life. She is absolutely cray cray.




http://www.youtube.com/watch?v=HaJmaW6YxuE

She has the darkest, emptiest, most soulless eyes (not to mention one is super wonky) I have ever seen. I don't know how anyone could look into her dead shark eyes and not run for the hills.
I don't know if this is indicative of a psychopath, but she has very limited facial expressions. For example...she never ever moves her eyebrows, which would display everything from delight, disgust, anger, surprise, confusion, etc. But her upper brow displays nothing. It's really creepy to me.
Also, ummm, she is ummmm incapable of starting an umm sentence without saying ummm.....is something I don't miss from the trial. She's unbearable and annoying to listen to.

 

[daisydomino]

September 16 2014 Sheriff Joe denies director and producer of “Sin By Silence”, Olivia Klaus request to interview Jodi Arias in a single-day shoot. Klaus "has a passion for giving voice to those who are behind prison walls," according to the letter.

Now this was all happening about the same time as the infighting about who to send your donations to, Jodi doing pro se again, and Bill and Sandy's begamercial

Wow, Google first result is ABC15's PDFs of the letters
http://media2.abc15.com/html/pdf/AriasDocumentaryRequest.pdf

 

[Boytwnmom]

and not dependent on the facts in individual cases. There have been cases in a number of states challenging lethal injection after some of the botched executions. I believe there was an execution this past summer which the Gov ordered an investigation. Yes, I found some info about it-http://deathpenaltyinfo.org/node/5838. The page has a link to the Execution Log.

I wouldn't be surprised if the cases were about a challenge to lethal injection which is probably the only mode of execution currently in use. There has also been a case or cases filed challenging the secrecy around the drugs utilized. One suit was brought by attorneys for Joseph Wood who is the executed prisoner in the story below. One article indicated that AZ had suspended executions pending an investigation into Wood's execution. Maybe some AZ posters know about this.

On August 1, the Arizona Department of Corrections (DOC) released 330 pages of documents related to the execution of Joseph Wood on July 23. Although not a report on why the execution took nearly 2 hours to complete, the documents reveal that Wood was injected with 15 consecutive doses (50 mg each) of midazolam and hydromorphone, far more than indicated in the state's protocol. Dale Baich, an attorney for Wood, said, “The Arizona execution protocol explicitly states that a prisoner will be executed using 50 milligrams of hydromorphone and 50 milligrams of midazolam. The execution logs released today by the Arizona Department of Corrections show that the experimental drug protocol did not work as promised.” Prison officials had estimated that the drugs would take about 10 minutes to kill Wood. Charles Ryan, director of the DOC, responded to calls for an independent investigation of the execution, saying, “I am committed to a thorough, transparent and comprehensive review process. This will be an authoritative review to ensure that fact-based conclusions are reached regarding every aspect of this procedure, including the length of time it took for the execution to be lawfully completed.”

What bothers me about this kind of thing is not that she can join, but that if it is successful could overturn a death sentence. I am not saying it would, but that it could. I think it would require looking at each case individually even though they are joined for judicial economy. But there is always the possibility that in situations like that any ruling is across the board for all, I just don't know. But in the event that it is, and the joinder were successful (results in the remedy sought) Arias's sentence of death could be commuted to life. Again, I am not saying for certain it would, only that it could, because I do not know for certain. All we know is that if it is successful before she is sentenced, she would not be sentenced to death. The question is what would happen if it were successful after she were sentenced? Is her sentence then overturned?

Now, in the case of a death sentence overturned and commuted to life, it is just that...life. It typically is not LWOP. So it is an automatic possibility of parole (if AZ ever reinstates parole). And that's what I do not like about her possibly getting the DP. If she gets life or the jury hangs, the judge can say LWOP and it will not be overturned no matter what happens with the joinder action. That's only going to affect a death sentence. Some future legal ruling coming along and commuting death sentences to life is what scares me, as I believe Arias to be so dangerous that she must never have any chance at freedom. MOO.

I hope that is understandable; I am really tired.

 

[krkrjx]

SBM
Plus Jodi certainly planned ahead in CASE she snapped once she saw Travis. To me that = not snapped.

LOL, she may have said to herself, "Oh, I'll pack a gun and a knife just in case I snap once I see him."

Hey, she scolded herself in the interrogation room for not having done her makeup before her mug shot. I can easily imagine her talking herself through the process of packing for her trip to commit murder.

 

[Worry Wart]

I am so confused. JA has not been sentenced yet so there is no DP to overturn right? Is this a CYA kind of motion?

Brent @ Kleinman Law‏@brentjkleinman·6 mins6 minutes ago
#JodiArias 2015 Court Dates

Read: http://tl.gd/n_1sfj5la

 

[AZlawyer]

Saw that, too. I thought the judge had already provided the COA with the hearing transcripts from Oct. 30?

The Ct App says it was filed 10/31, so it looks like JSS is a bit behind on her minute entries.

From the minutes linked above:

The Court has received a Motion to Strike Notice of Intent to Seek Death Penalty in each of the above-captioned cases.
The Motions as well at the State’s Response to each Motion are substantially identical.

Evidentiary hearings and oral argument have been requested on each motion. The Defendants have requested that the matters be joined for the limited purpose of determining the pending motion.

This Court finds that joinder of these issues before a single judge promotes justice and judicial economy.


There were six cases listed in these minutes. A minute entry on 10/23 had expanded the number of cases to 13 and set a deadline in January for joining the action.

Subsequent minutes state that this pending motion shall not be used as the basis for continuance.

As of late today, the court calendar for Arias has included 1/23/15 as a status conference date set for this matter as well as the 2/6/15 oral arguments.

How can this be? Does this indicate that Judge Stephens has already ruled and allowed Arias to be joined in this action?

Without seeing the original motion that started this, there is no way of knowing whether the motion and state's argument is in fact substantially identical.

Given that Arias' penalty phase trial is currently underway and the minutes above state that the motion cannot be relied upon as a basis for continuance, how can Arias be joined? Allowing her to join creates a huge potential issue, in that if this jury does find for the death penalty and subsequently a judge on this joined action agrees that the death penalty should be dismissed, what happens? It would seem that her sentence would have to be vacated and the State would not have the opportunity to try her again?

Judge Welty (presiding criminal judge) has decided to join the cases for this purpose only. He says the motions are identical and I believe him lol.

What bothers me about this kind of thing is not that she can join, but that if it is successful could overturn a death sentence. I am not saying it would, but that it could. I think it would require looking at each case individually even though they are joined for judicial economy. But there is always the possibility that in situations like that any ruling is across the board for all, I just don't know. But in the event that it is, and the joinder were successful (results in the remedy sought) Arias's sentence of death could be commuted to life. Again, I am not saying for certain it would, only that it could, because I do not know for certain. All we know is that if it is successful before she is sentenced, she would not be sentenced to death. The question is what would happen if it were successful after she were sentenced? Is her sentence then overturned?

Now, in the case of a death sentence overturned and commuted to life, it is just that...life. It typically is not LWOP. So it is an automatic possibility of parole (if AZ ever reinstates parole). And that's what I do not like about her possibly getting the DP. If she gets life or the jury hangs, the judge can say LWOP and it will not be overturned no matter what happens with the joinder action. That's only going to affect a death sentence. Some future legal ruling coming along and commuting death sentences to life is what scares me, as I believe Arias to be so dangerous that she must never have any chance at freedom. MOO.

I hope that is understandable; I am really tired.

If the motion were granted (not likely IMO even without knowing what the motion says), then yes, her sentence would be vacated. I don't see why she would then get LWP instead of LWOP, though.

I think AZL answered the question about somebody having a "come to Jesus meeting" with Nurmi on the Atty Question thread.

I don't remember any question like that!

and not dependent on the facts in individual cases. There have been cases in a number of states challenging lethal injection after some of the botched executions. I believe there was an execution this past summer which the Gov ordered an investigation. Yes, I found some info about it-http://deathpenaltyinfo.org/node/5838. The page has a link to the Execution Log.

I wouldn't be surprised if the cases were about a challenge to lethal injection which is probably the only mode of execution currently in use. There has also been a case or cases filed challenging the secrecy around the drugs utilized. One suit was brought by attorneys for Joseph Wood who is the executed prisoner in the story below. One article indicated that AZ had suspended executions pending an investigation into Wood's execution. Maybe some AZ posters know about this.

That's a good bet. It has to be something that would apply to any DP case.

 

[AZlawyer]

I am so confused. JA has not been sentenced yet so there is no DP to overturn right? Is this a CYA kind of motion?

Brent @ Kleinman Law‏@brentjkleinman·6 mins6 minutes ago
#JodiArias 2015 Court Dates

Read: http://tl.gd/n_1sfj5la

No, it's a motion to dismiss the notice seeking the DP. Normally you'd want to get a motion like this decided BEFORE the penalty phase--so you don't have to go through the time and expense--but Judge Welty has instructed that no trials are to be continued just because this motion is pending.

 

[ILikeToBendPages]

LOL, she may have said to herself, "Oh, I'll pack a gun and a knife just in case I snap once I see him."

Hey, she scolded herself in the interrogation room for not having done her makeup before her mug shot. I can easily imagine her talking herself through the process of packing for her trip to commit murder.

Exactly - that sums it up. Why bring a gun and knife if you're not going to use them. I haven't heard Bill or Sandy putting a spin on this and Sandy's father's gun being stolen.

 

[ILikeToBendPages]

Wow, Google first result is ABC15's PDFs of the letters
http://media2.abc15.com/html/pdf/AriasDocumentaryRequest.pdf

Yes and this is another way Jodi is/was trying to manipulate the court about the media and how it's not fair to her case, but she invites the media in and uses them get her "story" out there about how Travis beat and raped her. She wants to pick and chose who where and when, not get your butt up there and stop the secret crap.

 

[Worry Wart]

No, it's a motion to dismiss the notice seeking the DP. Normally you'd want to get a motion like this decided BEFORE the penalty phase--so you don't have to go through the time and expense--but Judge Welty has instructed that no trials are to be continued just because this motion is pending.

Thank you! So there is no reason that this trial will not continue Wednesday unless it doesn't and I won't be surprised if it does not. :gaah:

 

[krkrjx]

The Ct App says it was filed 10/31, so it looks like JSS is a bit behind on her minute entries.



Judge Welty (presiding criminal judge) has decided to join the cases for this purpose only. He says the motions are identical and I believe him lol.



If the motion were granted (not likely IMO even without knowing what the motion says), then yes, her sentence would be vacated. I don't see why she would then get LWP instead of LWOP, though.



I don't remember any question like that!



That's a good bet. It has to be something that would apply to any DP case.

I was thinking of other cases where DP was commuted to life, usually because a state abolished the DP and it was a mass-commutation (rather than overturned due to the case being examined through appeals process).

Example would be the Manson family of murderers. They all got death, which was commuted to life very soon after when the death penalty was abolished (as it turned out, temporarily). I realize that was decades ago and in another state, but that does not negate the seriousness of murderers sentenced to DEATH for their crimes being commuted to life and in the process getting regular hearings before the parole board. In the Manson group none were granted but that does not guarantee it never would happen in any case.

 

[krkrjx]

I just watched the hearing from the day after the appeals court issued the stay. Someone please explain to me what I saw because I am not really believing my ears.

It sounds like Nurmi is arguing before Judge Stephens that he has no intention of delaying the proceedings and wants to continue on with his case, but she is not letting him because she will not allow the secret testimony to continue. Is that what he said or am I just too zonked to be hearing it right? Could Nurmi really be all but insisting that the judge ignore the appeals court ruling and allow him to continue the closed trial testimony (no public and no media) that they were doing before the court ruled it was unconstitutional?

 

[daisydomino]

Yes and this is another way Jodi is/was trying to manipulate the court about the media and how it's not fair to her case, but she invites the media in and uses them get her "story" out there about how Travis beat and raped her. She wants to pick and chose who where and when, not get your butt up there and stop the secret crap.

It's been like this since the day she preened for her mug shot. How many Ninja interviews did she do?

I'm not a Sheriff Arpaio fan, but I loved that letter.

 

[daisydomino]

I just watched the hearing from the day after the appeals court issued the stay. Someone please explain to me what I saw because I am not really believing my ears.

It sounds like Nurm is arguing before Judge Stephens that he has no intention of delaying the proceedings and wants to continue on with his case, but she is not letting him because she will not allow the secret testimony to continue. Is that what he said or am I just too zonked to be hearing it right? Could Nurmi really be all but insisting that the judge ignore the appeals court ruling and allow him to continue the closed trial testimony (no public and no media) that they were doing before the court ruled it was unconstitutional?

You're fine—that is what he said. Unbelievable, but that is what he said.

 

[AZlawyer]

I just watched the hearing from the day after the appeals court issued the stay. Someone please explain to me what I saw because I am not really believing my ears.

It sounds like Nurmi is arguing before Judge Stephens that he has no intention of delaying the proceedings and wants to continue on with his case, but she is not letting him because she will not allow the secret testimony to continue. Is that what he said or am I just too zonked to be hearing it right? Could Nurmi really be all but insisting that the judge ignore the appeals court ruling and allow him to continue the closed trial testimony (no public and no media) that they were doing before the court ruled it was unconstitutional?

It sounded like that, didn't it?

 

[Steve44]

If the dog was chained, how did he just run off when she kicked him?

The kick must have broken the chain.

 

[ILikeToBendPages]

I was thinking of other cases where DP was commuted to life, usually because a state abolished the DP and it was a mass-commutation (rather than overturned due to the case being examined through appeals process).

Example would be the Manson family of murderers. They all got death, which was commuted to life very soon after when the death penalty was abolished (as it turned out, temporarily). I realize that was decades ago and in another state, but that does not negate the seriousness of murderers sentenced to DEATH for their crimes being commuted to life and in the process getting regular hearings before the parole board. In the Manson group none were granted but that does not guarantee it never would happen in any case.

Go read about Kenneth McDuff. He was the only condemned Texas inmate ever paroled and then returned to death row for another murder conviction. He fought his second DP to the end. Texas finally served justice November 1998.

 

[Renee110]

The Ct App says it was filed 10/31, so it looks like JSS is a bit behind on her minute entries.



Judge Welty (presiding criminal judge) has decided to join the cases for this purpose only. He says the motions are identical and I believe him lol.



If the motion were granted (not likely IMO even without knowing what the motion says), then yes, her sentence would be vacated. I don't see why she would then get LWP instead of LWOP, though.



I don't remember any question like that!



That's a good bet. It has to be something that would apply to any DP case.

I guess we are lucky the minutes are just late and not sealed.