Retrial for Sentencing of Jodi Arias - Day 19 - Shortest Court Day, EVER

[LinTX]

The AZ Supreme Court now shows a case number for the appeal. Hopefully AZLawyer can advise, but guessing this means they will hear the case? ETA: or maybe it just means they have received the petition to review?

http://apps.supremecourt.az.gov/aacc/asc/ASCattyindex.htm

It's listed as:
CV -15-0005-PR
Civil Petition for Review - Appeal
KPNX TV et al v HON. STEPHENS/STATE et al

 

[bsk]

You actually think they will hear testimony on Thursday? I love your optimism lol

I said that WOULD be an early start, i.e. it would be IF IT ACTUALLY HAPPENS, which is of course doubtful.

I'm a cynic by nature, so this trial fits right in.

 

[oceanblueeyes]

We disagree.

I'm not talking about JM capitulating mid-trial by dropping the DP. Once the DA decided to retry, the retrial should and will go on until whatever conclusion.

And I'm not suggesting that AZ law be rewritten solely because of the JA trial. I don't know how much an anomoly JA's retrial is, because I haven't read up enough on those 4 other penalty retrials.

Even if all 4 others went swimmingly, though, that wouldn't change my mind. Sometimes it takes an unusual single circumstance to illuminate flaws in a system. I think the JA retrial has done just that.

Bottom line, I don't think there is any equitable way to conduct a DP penalty retrial. For better and for worse, the jury sitting now is experiencing an entirely different trial than did the first jury. They've "missed out" seeing JA on the stand for 18 days, and thus don't have the context of seeing her attack the prosecutor, smirk, tell endless lies, etc. etc. etc.

And so much more. Toss in the additional reality that the definition of mitigation is so wide open, and the rules about admissibility so lax, that even a sterner judge wouldn't be able to prevent an unremorseful killer from using a retrial to inflict additional pain to survivors.

JMO, but once is enough.

That's ok. We certainly don't have to agree to understand each other's POV.

I guess I look at it logically. If the citizens of Az didn't want this rule/law pertaining to second sentencing phases for death penalty cases they would have let the lawmakers know about it by now.

That is why each state has their own laws/rules they abide by.

I still would like to know how the other four cases were retried and what mitigation factors were used. It certainly wasn't under JSS since this is her first death penalty case.

I haven't watched all trials in AZ of course or read books about all of them and if this one is ever over with the only Az case I will keep up with is when Juan Martinez is the Prosecutor without JSS being the presiding judge. Other than that........once this circus is over and the tent is taken down that's it for me as far as AZ trials. Its very hard to endure how much Travis has been stomped on over and over even in death by this despicable defendant and her team. But I did make myself a promise that I would see it through to the end. If it is this hard for me it has to be 1000 times harder for his loved ones. Yet they are so courageous and keep fighting everyday for true justice for Travis. And really with the murder being so heinous and cruel I totally understand why they want death. She really is so deserving of nothing less.

Anyway, I have either read about murder trials or watched trials for over 30 years including many death penalty cases and in all that time never have I ever seen another case that can begin to compared to this one. IMO, this case certainly is an anomaly ..........thank goodness.

I think after the Arias case is over.... logical common sense resentencing phases will return along with Judges who have the ability to control their courtroom instead of letting the defendant and the DT control it.

I have watched many death penalty cases over the years. A no-nonsense Judge would have had even the guilt phase over with much sooner than it was in the Arias case and it sure wouldn't have taken them this long for a sentencing or resentencing phase either. And the cases withstood appeals.

IMO JSS is also an anomaly when it comes to presiding Judges.

 

[AngelWings444]

Anyone who is watching this trial should watch the very last segment of the Rachel Maddow Show tonight. It was dealing with the press, testimony, defendants and the courts. It was pretty good. JMO

 

[bznbear]

I really believe that Nurmi thought he'd show the court his "evidence" and give them BN's name as the person who found it and that would be that. He keeps underestimating Juan. Juan has more intelligence and common sense in his pinky than Nurmi can muster in his whole body. JMO

And that's a pretty substantial body!

 

[Bernina]

How does one try to visit an inmate with the intention of threatening them? Do they write on the visitor's form that they are there to threaten her? It does not appear the visitor was able to visit her. So how would they know that for sure?

And just how does one "threaten" someone via "video visit"? There are no visitation rooms or behind glass/telephone clinking, put your palm on the glass visits in Estrella. And CMJA has to consent to taking the "chat" before hand.

It begs the question: Does the defense have the actual "tapes" of these so called threats? Because you can bet, EVERYTHING that CMJA says via phone or video is being recorded...........except attorney/client privilege.

And if the defense does have these recordings, why aren't they charging these individuals with threats and intimidation?

The same thing goes with CMJA's witnesses. If there have been credible threats, where are the charges, where are the arrests?

 

[Steely Dan]

I believe the appropriate spelling is Sue Duh Nimh

NOTE: This name came to me as an epiphany as yesterday evening I logged on after all was over for the day and folks were talking about Sue D. Nimh at the time.

I thought "who is that?" and went scrolling upstream to find out what fellow sleuthers had found, and then :blushing: DUHHHHHHHHHHHHHHHH... Well, you know the rest of the story. :floorlaugh: It's been a long week for me, but I :giggle: at myself and decided I just better fftobed:

How about Sue :doh: Nimh

And that's a pretty substantial body!

You said that. I didn't. I thought it, but you said it. :giggle:

 

[dog.gone.cute]

1. No, if the jury can't decide between life or death--or if the jury decides "life"--JSS will decide between LWOP and LWP. Since AZ has no parole procedure anymore, LWP would be an insane choice.

Respectfully Snipped & BBM:

:tyou::tyou: AZlawyer, for this very important clarification on the LWOP and LWP for this case !

 

[Meemaw12]

It says Case Status: pending

http://apps.supremecourt.az.gov/aacc/asc/ASCattyindex.htm

 

[ILikeToBendPages]

And just how does one "threaten" someone via "video visit"? There are no visitation rooms or behind glass/telephone clinking, put your palm on the glass visits in Estrella. And CMJA has to consent to taking the "chat" before hand.

It begs the question: Does the defense have the actual "tapes" of these so called threats? Because you can bet, EVERYTHING that CMJA says via phone or video is being recorded...........except attorney/client privilege.

And if the defense does have these recordings, why aren't they charging these individuals with threats and intimidation?

The same thing goes with CMJA's witnesses. If there have been credible threats, where are the charges, where are the arrests?

Well she did receive those threatening postcards from the ninjas when she was first in jail.

 

[Steely Dan]

Well she did receive those threatening postcards from the ninjas when she was first in jail.

Did that really happen? If so did they find out who sent them?

 

[LinasK]

BBM ITA. Didn't JM depose Womack and she reneged on testifying because of what he discovered during that interview? Doesn't JSS remember why she didn't testify? The judge should definitely require substantive proof of death threats. I know we miss much, maybe all, of what goes on behind closed doors :facepalm:, so she may well be much more engaged than she appears.

BBM.
That's one big reason why I will not bash JSS. Three more days of bashing her is unproductive. The defense team is the one causing all the delays. All will be good when Juan has his turn. I'm confident he will get the Death Penalty. He's put a woman on Death Row in AZ.

 

[LinasK]

I think the gun shot was last. I think he was still making noise gurgling or something and she had to make sure he was dead. I don't understand why this jury or juries in penalty re-trials aren't required to watch video of the first trial. If they did that, this jury surely would be mad already because everything has changed. In the first trial she claimed self defense and now it's that she is a mentally ill "little" girl. If I saw the differences as a juror I would want to know why. And I just don't understand why they don't have the jury do that to bring them up to speed. JMHO

The bullet casing laying on top of the pool of blood seals that it was last, no way it got in that position by kicking it or moving it around.

 

[HMSHood]

The penalty phase is going very slowly and is in a state of limbo.

 

[LinasK]

And why at 10? Isn't there supposed to be a media hearing first to have the transcript released? Why can't they start at 8:30? These are worse than bankers hours.

Maybe the media hearing is at 8:30, or maybe Sherry is working on another case, or one of the attorneys has a conflict.

 

[AngelWings444]

BBM.
That's one big reason why I will not bash JSS. Three more days of bashing her is unproductive. The defense team is the one causing all the delays. All will be good when Juan has his turn. I'm confident he will get the Death Penalty. He's put a woman on Death Row in AZ.

I supported JSS through the first trial and even through the beginning of this one. However, this trial and her courtroom are out of hand. The jurors were told this portion of the trial would go until December 18. Now, we haven't even had how many days of court? It's January 6th and still there is no testimony, let alone are we on to rebuttal. JSS needs better court management, period. While I personally feel this way, I am not bashing her. It's just a fact. Her time management is seriously lacking in the mitigation phase. This entire delay of the "secret witness" is on her and her alone. She should have never had JA testify in secret. The jurors deserve better than this and when you go into jury service, you can expect a week or two delay, but months? That is ridiculous. JMO

In regards to it being all on the defense team, that is not true. She does have the ability to rule from the bench and deny most of this stuff on the spot. The defense is only doing what she is allowing them to do. It's her courtroom, not the defense teams courtroom. JMO, again.

Still not "bashing" her. Promise.

 

[atthelake]

I agree about having them watch the trial. Lord Knows that have plenty of time. They could be put up in a comfy conference room with notebooks and popcorn and given the trial on you-tube. JMO

Since we are into the late night crowd time.....

Well, if they do have to watch youtube, I'll throw in a few Mikee Daniels youtubes for them! :floorlaugh:

Or my verrrrrrrrrrrrry favorite spoof on the trial, which if you haven't seen, is hysterical! It's time for some laughter I think... Warning: NSFW as as three instances of adult/vulgar.. So if such is offensive... skip to must see at the very end at 2:55. https://www.youtube.com/watch?v=UTUL6P6mQAg

 

[Truth Detector]

So it was probably merely a suggestion as opposed a reported fact, since they have to do with Civil cases.

Another overview; source Cornell University Law School:

Special master

A "special master" is appointed by a court to carry out some sort of action on its behalf. Theoretically, a "special master" is distinguished from a "master". A master's function is essentially investigative, compiling evidence or documents to inform some future action by the court, whereas a special master carries out some direct action on the part of the court. It appears, however, that the "special master" designation is often used for people doing purely investigative work, and that the simple "master" designation is falling out of use.
Activities carried out by special masters are as diverse as the actions taken by courts. They are often appointed as facilitators in child custody cases, for example, but the term "special master" was also used to describe the person appointed by Congress to administer compensation for the victims of the 9/11 terrorist attacks in New York. The term often appears in original jurisdiction cases decided by the Supreme Court ; these are often cases involving boundary disputes between the states, with a special master appointed to resolve questions of geography or historical claims. See, for example,New Jersey v. New York, 523 US 767 (1998)
In U.S. v. Microsoft, Judge Jackson appointed Lawrence Lessig as a Special Master to advise the court about technical issues, and to investigate certain claims, such as Microsoft's assertion that removing Internet Explorer from the Windows operating system would make the system slower.
Infrequently, attorneys taking a deposition in a distant, non-courthouse, location may anticipate that a witness will refuse to testify, or that some other problem will come up. For good cause shown, judges may appoint a Special Master to appear at the deposition to make evidentiary rulings on the spot.
​

 

[ElleElle]

BBM.
That's one big reason why I will not bash JSS. Three more days of bashing her is unproductive. The defense team is the one causing all the delays. All will be good when Juan has his turn. I'm confident he will get the Death Penalty. He's put a woman on Death Row in AZ.

JSS, IMO, is treading very cautiously since it is a DP case. The DT is very desperate at this point, and I believe the chips will fall where they may. I am not worried when you look at the foundation of the case. The bottom line is she has been convicted of 1st Degree Murder and was it especially cruel and heinous. At the end of the day, the jury will decide. If there is one left.

 

[ElleElle]

The bullet casing laying on top of the pool of blood seals that it was last, no way it got in that position by kicking it or moving it around.

See. I respectfully disagree. I think the gunshot came first. But, this is not important to me, because she has been convicted already. Showing this to this jury would just muddy the waters darker. JMO.

This is supposed to determine her sentence, instead were on a slow boat to China.