Retrial for Sentencing of Jodi Arias - Day 16

[MeeBee]

Seems like "it's a priveleged work product" is now the catch all excuse to avoid having to give anything over to Juan. I highly doubt Jennifer is going to show 100 pages of notes to the jury.

 

[Kamille]

I was thinking about that last night- it's never really come to light what exactly she was doing during that time when she was unattached- a supposed long stretch between Matt McCartney and Darryl Brewer.

She probably had the same "friends with benefits" relationship going with MM after they broke up. Lucky for him she met DB and didn't have to kill him because he wouldn't put a ring on it.

MOO

 

[krkrjx]

Seems like "it's a priveleged work product" is the now catch all excuse to avoid having to give anything over to Juan. I highly doubt Jennifer is going to show 100 pages of notes to the jury.

Wouldn't it have to be marked as an Exhibit to be given to the jury to peruse? Or are there no exhibits marked in a penalty phase?

 

[Madeleine74]

Once again, an expert is delivering what the defense wants. {snipped for space}

That's what hired guns do, they tailor their testimony to suit the side that is paying them and the side that hired them formulates the questions in a way to elicit exactly the testimony they want highlighted. Happens in just about every case. Nothing unusual going on with that in this case.

 

[Madeleine74]

Seems like "it's a priveleged work product" is the now catch all excuse to avoid having to give anything over to Juan.

Am I tempted to start using this exact phrase to avoid giving some things to some managers at work? You betcha! I'll try it and report back.

 

[Kamille]

Witnesses can be ordered to appear by subpoena. Or the judge can order counsel to have their witnesses available to testify. But something tells me she won't.

I think she did. And KN just said "can't be done". End of discussion.

MOO

 

[Kamille]

Jurors not taking a lot of notes is not really a red flag, IMO. It might mean they see through what is being said and do not see the need to capture it in a notebook for posterity...or to refer to later. IOW, jurors might not be as taken in by the testimony as defense and witness are hoping they are.

Or in their minds it's just more of the same old "Jodi was abused by Travis so therefore he deserved to die and she does not" mitigating factor. I think they've got the picture the DT is trying to paint. No need for taking notes.

MOO

 

[YESorNO]

Case Documents

Filing Date Description Docket Date Filing Party
12/16/2014 REL - Reply - Party (001) 12/16/2014
NOTE: News Organizations Reply in Support of Request for Order Unsealing Transcript of October 30, 2014 Witness Testimony and Related Proceedings

https://www.superiorcourt.maricopa....rtCases/caseInfo.asp?caseNumber=CR2008-031021

 

[Kamille]

Seems like "it's a priveleged work product" is now the catch all excuse to avoid having to give anything over to Juan. I highly doubt Jennifer is going to show 100 pages of notes to the jury.

Yep...they've learned a few tricks along the way.

MOO

 

[Kamille]

Case Documents

Filing Date Description Docket Date Filing Party
12/16/2014 REL - Reply - Party (001) 12/16/2014
NOTE: News Organizations Reply in Support of Request for Order Unsealing Transcript of October 30, 2014 Witness Testimony and Related Proceedings

https://www.superiorcourt.maricopa....rtCases/caseInfo.asp?caseNumber=CR2008-031021

Why do the media attorneys have to fight to get this transcript when the COA ordered it to be released immediately?

 

[ILikeToBendPages]

Jen's Trial Diaries ‏@TrialDiariesJ 3m3 minutes ago
Jodi says her family never had money but in adulthood Jodi was loaning Travis money when she didn't have it #jodiarias #3tvarias

Jen's Trial Diaries ‏@TrialDiariesJ 2m2 minutes ago
Darryl's sister Lora stated Jodi spent more money than she did. Jodi would spend money and go overboard on men #jodiarias #3tvarias

Jen's Trial Diaries ‏@TrialDiariesJ 1m1 minute ago
What affects would coming from an abusive home have on someone. Well if a female was hit then she would think this is normal #JODIarias
(But she wanted her mom to leave her dad, she didn't think it was normal! My(Nali)Opinion)

Jen's Trial Diaries ‏@TrialDiariesJ 32s32 seconds ago
This causes low self esteem to come from a home like this and the testing showed that #jodiarias #3tvarias

So where did the 12 -14 thousand said she had and help Darryl and buy the house come from?

 

[bsk]

Here's the important part from the CoA ruling that underscored the whole problem going on (at least important to me)

"Although expressing concern that Arias was being manipulative, the court stated it had considered the potential legal ramifications if an appellate court later determined that Arias did not voluntarily waive her right to present evidence in mitigation. As a result, the court closed the proceeding for Arias’ testimony."

Translation: JSS is running scared at every point where she has to make a decision because she is terrified the case may be overturned on appeal. Basically she lacks confidence and doubts herself. She also is catastrophizing (what IF the appellate court thinks Arias didn't get a chance to..... and then they overturn ....) Not a good thing for a trial judge in a capital murder case to rule from fear that every decision she makes could become judicial error.

The irony here is that JSS is so busy trying to protect the case from future appellate action that she may well end up with a 2nd mistrial from delay after delay and resulting juror attrition, and then she will have to sentence Arias, and at that point the DP will not be on the table. The defense is counting on this and would be only too happy if JSS stayed paranoid and scared. I think she will continue to be as paralyzed as ever.

Exactly! The not so subtle hint from them was: Instead of giving them everything they dream up, give them only what is permissible under the law and you'll be fine.

 

[elementary]

Here's the important part from the CoA ruling that underscored the whole problem going on (at least important to me)

"Although expressing concern that Arias was being manipulative, the court stated it had considered the potential legal ramifications if an appellate court later determined that Arias did not voluntarily waive her right to present evidence in mitigation. As a result, the court closed the proceeding for Arias’ testimony."

Translation: JSS is running scared at every point where she has to make a decision because she is terrified the case may be overturned on appeal. Basically she lacks confidence and doubts herself. She also is catastrophizing (what IF the appellate court thinks Arias didn't get a chance to..... and then they overturn ....) Not a good thing for a trial judge in a capital murder case to rule from fear that every decision she makes could become judicial error.

The irony here is that JSS is so busy trying to protect the case from future appellate action that she may well end up with a 2nd mistrial from delay after delay and resulting juror attrition, and then she will have to sentence Arias, and at that point the DP will not be on the table. The defense is counting on this and would be only too happy if JSS stayed paranoid and scared. I think she will continue to be as paralyzed as ever.

Agreed. To hope differently at this point is an exercise in insanity. I will be surprised if the jury makes it to the end, knowing finally exactly what her problem is- a failure of nerve. She now can be criticised and blamed for a lot, IMO. And basically for derailing fairness and justice, and the constitution, all for the sake of herself/reputation. Sheer madness.

 

[bsk]

I have so much reading to do to catch up, have been away all day. Anyone willing to give me a quick summary ? TIA

We learned yesterday that JA was meek, passive, non-assertive, non-aggressive, non-violent, and would do anything to please anyone else. Today we learned that she had it tough as a kid and Travis was horribly abusive toward her.

 

[mydirtysecret]

Can you imagine how difficult it must be for jm not to audibly laugh at this testimony?? It must take every bit of will power he has to sit back quietly and listen to this, all the while iss making it as difficult as possible for him to be Travis's voice

 

[Becky Sharp]

I'm trying to catch up on today's events but am only about half way through this thread. So far, my sense of today's testimony, when coupled with the testimony of the DT's other psychological experts <cough> is like those musical rounds we learned as children. ALV, Dr F, and now Dr. Geff are each saying the same hollow phrases (to the tune of "Frere Jacques," or such like).

 

[elementary]

I'm trying to catch up on today's events but am only about half way through this thread. So far, my sense of today's testimony, when coupled with the testimony of the DT's other psychological experts <cough> is like those musical rounds we learned as children. ALV, Dr F, and now Dr. Geff are each saying the same hollow phrases (to the tune of "Frere Jacques," or such like).

Yeah. "Blah, blah, blah". I began tuning out many pages ago.

 

[Ricki]

I think she did. And KN just said "can't be done". End of discussion.

MOO

How can this be legal? It does not seem fair or ethical. How can either side keep testimony or evidence from the other side? I don't get this at all. I always thought if it wasn't examined by the other side, it just doesn't get to come in.

 

[mydirtysecret]

Azlawyer, do you think this case cries out for stronger victims rights bills in Arizona? I always thought that is why we have the laws we do for murder victims since they cannot confront their accuser the accuser still had a level of weighted evidence. I would still think even victims of a crime still should have that right. Since, a lot of murder cases are to actually silence their victim so they can never tell their side of the story.

 

[Madeleine74]

Agreed. To hope differently at this point is an exercise in insanity. I will be surprised if the jury makes it to the end, knowing finally exactly what her problem is- a failure of nerve. She now can be criticised and blamed for a lot, IMO. And basically for derailing fairness and justice, and the constitution, all for the sake of herself/reputation. Sheer madness.

No not for her reputation per se, but she's very scared of the guilty verdict being overturned. And that would be tragic, but I think there's less risk of that than she believes.