Retrial for Sentencing of Jodi Arias - 2/5 - 2/9 - Break

[ElleElle]

I was wondering if the innocent women who were named today by the defense have any rights to file some type of slander case? Maybe slander is not the right word but something like it...seems sad that their names are being dragged under the bus too!! Its hard to tell from the tweets but it sounded like the defense was implying something sexual

Apparently, it's abuse if you are sexting multiple women? Technically, can't their name be used in open court unless the person asks not to be named?

 

[Love Never Fails]

We could really use an actual court reporter tweeting, or at least a close captioned (sp?) transcriber.

Or watching it live? Sanders may get some points wrong but I do not believe its intentional. Just look at the tweets. And even BK makes mistakes. One thing he does do is inspire people to be positive.

 

[Night-owl]

I think most christians do but yes, the Mormon faith does as well.

Mormons are Christians.
http://www.mormon.org/faq/mormon-christian

 

[Truth Detector]

I think most christians do but yes, the Mormon faith does as well.

To that point, I found it highly distasteful to badger BVP with actual Temple Recommend interview questions.

"Are you honest in your dealings with your fellow man?"

"...lying to the Lord!"

We couldn't hear LKN's tone or inflection. His volume level?

Describing it is nigh unto meaningless in a Tweet.

 

[Love Never Fails]

Ziggy shamed me terribly with her tweet with all she got accomplished at home while taking a day off the trial. . So today I have been really working at home. Have so much more to do. Will post later, not that I will be missed. You guys are really great at keeping debate open and sharing thoughts. I always fear the defense team reading here and getting ideas since they aren't that good at coming up with them on their own. Case in point: witness 1 was sure a dud.

 

[Frigga]

ASFAIK you can't do anything, in terms of slander or libel, when something is said in open court during a trial. It's protected somehow, and it should be. I don't like what the defense team did, at all, but I understand why it's allowed. AZL has commented on this quite a bit through this trial and the Florida trial.

 

[ElleElle]

I was thinking, and it dawned on me that all we hear about is their history/sex, and this jury has heard nothing of the murder, which is the actual crime.

 

[Love Never Fails]

I too think that was the sole reason they spared her life, and even though she was all about the money (and lying, like her cell friend JA, and most likely where JA got the idea for a DV defense), I tend to doubt even had they found that as an aggravation factor they still would have voted for life.

Paul Sanders said they had a stealth juror also who said from the get go she could not vote for the DP. The other jurors were angry.

 

[elementary]

Sanders says that the DeVault jury found DM completely credible, and they respected her. That's a valuable insight. I'm more intrigued though by what he says of the DeVault jury's discussion of mental illness as mitigator. If he's accurately describing that jury's reasoning, they concluded that she wasn't mentally ill because she premeditated killing her husband, therefore mental illness was rejected as a mitigator.

Have to say that logic, as related, is flawed. DeVault could be mentally ill AND quite capable of premeditating a murder. In JA's case (with any luck) the jury will accept that she has BPD/is mentally ill, but reject that as mitigating because of her premeditation and the brutality of the murder.

Not trying to be picky, but I find flawed logic by a jury troublesome.

As I understood it they decided that the PD could not be a mitigating factor because of the premeditation.

In effect, many people have PDs but do not painstakingly plan and kill or kill savagely and then lie and cover it up and continue to lie to the jury during the sentencing phase. The BPD did not make JA do it- she decided to murder Travis. In other words, there's more at work than just the BPD. I think the emphasis on PDs as a mental illness (which is what Nurmi wants to brainwash the jurors into thinking) is misleading. It is a disorder of character and psychosis is rare.

And BTW this is a murderer who was was found making a run for it with knives and a gun cunningly concealed. Did the BPD make her do that too?

 

[Truth Detector]

Apparently, it's abuse if you are sexting multiple women? Technically, can't their name be used in open court unless the person asks not to be named?

The conservative safe-harbor approach is to assume that each and every digital communication, to include every telephonic communication -- unless explicitly disclaimed as not being recorded -- is in fact recorded and available to the general public effectively forever.

 

[AZlawyer]

Azlawyer, can you explain the answer above in a simpler way? What is a foundation type affidavit and what does it have to do with McGee's post? Isn't Erik Basta a prosecutor? Or is he an attorney representing MMcGee? I still don't understand. Thanks.

Basta is a prosecutor. I was just thinking perhaps he wrote an affidavit saying where the "time to vent" message came from.

 

[ElleElle]

People have BPD and live a healthy, fulfilling life. Just because one has a disorder (I like to call it an inbalance); they still make choices.

JA chose to go to Mesa on Jun4, and she had already convinced herself she was going. Kinda like cause and effect. So, to me, she made that choice and she should have to pay the price, it's not really related to his BPD.

 

[daisydomino]

I was thinking, and it dawned on me that all we hear about is their history/sex, and this jury has heard nothing of the murder, which is the actual crime.

It's so long ago it seems like they might have forgotten, just like you and I have.
They did hear about it.
http://www.hlntv.com/article/2014/10/24/jodi-arias-recap-death-penalty-retrial-week-1

 

[RickshawFan]

It's a "Christian thing", those commandments.
[emoji57]

I believe the Commandments are also a Jewish "thing", since they show up in the Old Testament. But really, the values expressed in the commandments are a code of behavior that a large percentage of the world subscribes to, in many religions and by many folks who do not consider themselves "spiritual" or religious. There are cultural reasons why this might not look obvious to us (e.g. the code of behavior doesn't cover protections for women in many areas of the world), but, hey, we have those here in the U.S., too (e.g. for hate crimes often not investigated or prosecuted).

I have lived all over the world, and it's amazing how consistently these "rules to live by" show up everywhere.

This is not at all a cultural thing that JA is evil, by the way. Her behavior would be universally condemned. I'll bet that even includes ISIS, who are a veritable potluck of evils themselves.

 

[DebinGA]

From tweets, Dr. DeMarte said JA tried hard to reattach to Darryl after their final breakup. She called and visited him, but he refused to take her back (not her words). What were (to her, not us) JA's options in June 07 other than move to Mesa and pursue TA, when the foreclosure forced her to leave the Palm Desert house? That Spring they'd taken several seemingly pleasant trips together, which gave JA hope and sealed TA's doom.

 

[RickshawFan]

Apparently, it's abuse if you are sexting multiple women? Technically, can't their name be used in open court unless the person asks not to be named?

They may be in DR's position on a lesser scale. If having their name and texts revealed brings justice for Travis, I believe most women in his life were okay with that. And there were so many! And not a one has asked to be anonymous!

JM's work speaks for a lot of people, including the women TA associated with, and not just Travis. In this sense, the prosecution in this case really represents the People of Arizona.

 

[ElleElle]

It's so long ago it seems like they might have forgotten, just like you and I have.
They did hear about it.
http://www.hlntv.com/article/2014/10/24/jodi-arias-recap-death-penalty-retrial-week-1

Thank you daisyd! Yes, and Juan will repeat this in his closing.

 

[TexMex]

Apparently, it's abuse if you are sexting multiple women? Technically, can't their name be used in open court unless the person asks not to be named?

Their names were read off in court. Including the married one. BK recorded some in her reporting from the courtroom yesterday

 

[Paintr]

Did JA ever live on her own? Even for a short time, did she ever rent her own space, pay her bills, live as an adult without sponging off others? I cannot remember if. when she returned to Mesa, she rented her own place or was couch hopping?

 

[runningwater]

Basta is a prosecutor. I was just thinking perhaps he wrote an affidavit saying where the "time to vent" message came from.

Do you perhaps think that when all the trial ballyhoo with Jodi comes to a complete end, that charges might be brought up for MM for threatening?