Retrial for Sentencing of Jodi Arias - Day 16

[AZlawyer]

My favourite part:

We recognize the trial court did not make the ruling lightly. However, even if Arias decides not to testify in open court, her lawyers or the State can present evidence from the guilt phase trial or the earlier penalty phase trial that could be considered to be mitigation. A defendant who testified in open court during the guilt phase of the trial cannot decide she will only testify in the penalty phase if the press and public are excluded and her testimony is sealed until after any verdict.

They basically called her bluff and told her to her to suck it up if she refuses to testify during this phase. :happydance:

BBM

This is my favorite part too, because it was exactly what I kept telling everyone on here when I was insisting that the mystery witness couldn't be JA lol.

 

[dog.gone.cute]

From WAT:


Wild About Trial @WildAboutTrial · 2m 2 minutes ago

#JodiArias was just brought in. hWhite long sleeve top with kahkis. She poured some TCW and took her seat.


Wild About Trial @WildAboutTrial · 2m 2 minutes ago

Judge Stephens is at the benchular region. Nurmi just strolled in and sat down. Bout to resume any moment now. #JodiArias


Wild About Trial @WildAboutTrial · 51s 51 seconds ago

Jennifer says she needs a few more minutes. Juan is up talking about the interview he had with The Geff this morning. #JodiArias

 

[Chelly]

jen's trial diaries ‏@trialdiariesj · 20s21 seconds ago
come and read the court of appeals opinion on their ruling about jodi testifying in secret! Trial documents
http://thetrialdiaries.com/trial-documents-and-motions/ …

yes, yes, yes!!!

 

[AZlawyer]

:seeya:

AZLawyer if you are here:

Do you think Nurmi will the COA's decision to the Arizona Supreme Court ?

:tyou::tyou:

Probably. But IMO the AZ Supreme Court will not grant him a stay pending appeal, and neither will JSS.

I cannot even believe that the reason for the secrecy was that JA would be unable to express herself properly if anyone knew what she had said.

 

[krkrjx]

So, even though the COA ruled the way we knew they would, does that mean Nurmi's going to move it along to the Supreme Court, slowing this down even more?

My bet is the SC will not hear it. IOW, if he does further appeal this it should not slow things down.

Unless JSS decides it should.

 

[Hope4More]

How did JSS swallow the asinine lie that someone in 23/24 lockdown was afraid of death threats... and meanie letters?

 

[Moonchime]

Monica Lindstrom ‏@monicalindstrom 6m6 minutes ago
Defense filed a supplement to the hearing last week & JM has not received a copy yet, we learned because we looked at the docket #jodiArias

 

[Nali87]

So JSS didn't want to give JA grounds for appeal. But come on, based on the COA's opinion she should have known JA's argument wouldn't stand a chance in hell. "Ability to think?" ABILITY TO LIE! That's what Nurmi meant. And "threatening mail?"; refuse mail from people you don't know then. Easy!

No "evil danger" what so ever.

 

[AZlawyer]

So Nurmi does not have his answer in regards to other mitigation witnesses? What happens now?

He knew he wouldn't have an answer regarding other witnesses. That issue was never argued before JSS, therefore there was never an order entered, therefore it wasn't part of the appeal.

 

[rose222]

She can testify in open court or the trial can continue without her. I wonder how Arias feels knowing that the COA ruled against her? She can kiss her chances of ever getting out goodbye.

 

[wenwe4]

AZL - Is there any reason that the courtroom couldn't be opened up to livestream again now that the CoA has ruled on the secrecy issues? There have been no reports or actions of clear and present danger to any other mitigation witnesses - the jury is seeing it in real time - so the public wouldn't have any more knowledge than the jury - what's the problem with televising like they did in the guilt phase?

 

[dog.gone.cute]

From WAT:

Wild About Trial @WildAboutTrial · 22s 22 seconds ago


Juan and Nurmi play the blame game.

Juan wants a document Nurmi didn't supply.

Nurm wants an image of the EO1 file the state made #JodiArias

 

[atthelake]

:juanettes: :juanettes:


We accept special action jurisdiction, grant relief to Petitioners by vacating the ruling closing the proceedings to allow Arias to testify and temporarily sealing the transcripts of the October 30 hearing. Furthermore, if Arias began to testify in a closed proceeding, those transcripts shall be unsealed

http://thetrialdiaries.com/wp-content/uploads/2014/04/Opinion-.pdf

 

[Kamille]

She gets her attorneys paid for on appeal regardless of the sentence.

Respectfully snipped...

Does she have to apply for this monetary assistance though? And she will only get a paid attorney if the legal aid system feels that she has a viable appeal?

TIA

 

[dog.gone.cute]

From WAT:

Wild About Trial @WildAboutTrial · 49s 49 seconds ago


Juan wants the defense to have a copy of the eo1 file. The HD doesn't function. Nurmi is hwhining "gross incompetence" #JodiArias

 

[AZlawyer]

AZL - Is there any reason that the courtroom couldn't be opened up to livestream again now that the CoA has ruled on the secrecy issues? There have been no reports or actions of clear and present danger to any other mitigation witnesses - the jury is seeing it in real time - so the public wouldn't have any more knowledge than the jury - what's the problem with televising like they did in the guilt phase?

There's no reason it can't be livestreamed, but the judge is within her discretion to disallow that. There is no constitutional right to livestreaming.

 

[Nali87]

How did JSS swallow the asinine lie that someone in 23/24 lockdown was afraid of death threats... and meanie letters?

If I understand it correctly now, that wasn't JSS's only concern at all.
It was more about JA not getting the chance to testify and that she "did not voluntarily waive her right to present evidence in mitigation."

 

[Kamille]

He knew he wouldn't have an answer regarding other witnesses. That issue was never argued before JSS, therefore there was never an order entered, therefore it wasn't part of the appeal.

So can he go on to argue this now? That the witnesses who have not appeared in this case before will only testify in secret? And if they can't it jeopardizes her right to a fair trial? Didn't that happen in the first sentencing phase and JSS ruled against him?

 

[dog.gone.cute]

From WAT:

Wild About Trial @WildAboutTrial · 21s 22 seconds ago


Jury on the way in. All rise. #JodiArias

 

[AZlawyer]

Respectfully snipped...

Does she have to apply for this monetary assistance though? And she will only get a paid attorney if the legal aid system feels that she has a viable appeal?

TIA

She has already been found indigent. That finding will carry over to appeal. The State does not get to decide if her appeal is viable before approving the funds. That would be a major conflict of interest for sure.

If I understand it, that wasn't her concern at all.
It was more about JA not getting the chance to testify and that she "did not voluntarily waive her right to
present evidence in mitigation."

The concern was that JA wouldn't get the right to testify and had not voluntarily waived the right BECAUSE she felt pressured into waiving the right due to the death threats, etc.