Retrial for Sentencing of Jodi Arias - Day 21

[Hatfield]

My question on the above quotes - what is MCAO ?? does it mean "Defense can't bring up *advertiser censored*" - or are these two items "way different" things? TIA! for anyone answering this !!

From what I remember today, I think the thing that was denied was the DT asking for Juan to be dismissed as the prosecution attorney. And if I have it right they also asked to be able to call him as a witness since he would no longer be the prosecution attorney. Both were denied if I followed it right at the time.

 

[Nali87]

My question on the above quotes - what is MCAO ?? does it mean "Defense can't bring up *advertiser censored*" - or are these two items "way different" things? TIA! for anyone answering this !!




NOT holding my breath...




:juanettes: :juanettes: :juanettes:



So - the Defense did NOT object to this answer - correct??



AZLawyer said earlier that we will have ALL the jurors' questions know AFTER the verdict... I know, quite awhile from now...

THANKS! to all who posted the tweets and the great commentary here!

:seeya:

CarolinaMoon's comment wasn't 100% accurate. Beth was just guessing because we were obviously hearing testimony so there had been no mistrial, so BK assumed the motion for mistrial had been denied. But it had not. Same goes for the "can't bring up *advertiser censored*" part. They mentioned a video, a search for teen sex, etc.

 

[memoriesbymichelle]

From what I remember today, I think the thing that was denied was the DT asking for Juan to be dismissed as the prosecution attorney. And if I have it right they also asked to be able to call him as a witness since he would no longer be the prosecution attorney. Both were dismissed if I followed it right at the time.

Nurmi also requested a mistrial in court today that was promptly denied. I have not been fond of a lot of the judge's actions in this case, but today I feel she will be making the right decision. In no way do I think she will be taking the DP off the table. They did not prove prosecutorial misconduct at all by a longshot. I think the judge is just appeasing the DT by waiting until Wed. JMHO

 

[MeeBee]

But how? In one of her letters to JSS in which she asked KN to be let go, she states that he does things that she's not in agreement like. On the top of my head, I remember her writing that she did not want the sex tape played in (open) court but that KN basically told her to "suck it up". If he can do/say some things without JA approval, is he bound to her demands as well?

I don't think this is JA. I think this is KN and JW doing the writing and doing the talking. They thought they had hit the JACKPOT! and that they could get JM on misconduct, had found child *advertiser censored*, etc. Now that it turns out that their whole thing is waking up a computer and 1 YouPorn visit, they're lashing out against JM and Flores to save face.

IMO.

Meh, I don't think that's the whole story. Jodi has a way of twisting things up. For instance, in that motion she wrote Nurmi had not come to see her for months after the verdict and ignored her. However, she goes on to write that he tried twice and she refused him. Clearly, he just stopped trying.

With the tape, I think it went more like this: The defense had an edited/redacted and highly misleading version of the tape they were going to play for the jury. But that morning Juan objected and the judge said they had to play the whole thing. So Nurmi was forced to tell Jodi we have to play the whole tape. She throws a hissy fit (yes, a real one) and says they need to play the edited one and Nurmi tells her tough nuggets, we can't. It's better than nothing. Cue miss huffy.

 

[Hatfield]

I still have no idea why the jury is hearing about JM possible misconduct.....does Sherry want them to decide? She had the COA decide the secret Jodi issue for her.....

Im confused too why the jury is listening to any evidence about prosecurial misconduct. Lets take it a step further just to see. Lets falsely assume that the witness admitted to making a mistake and deleting a file he wasnt supposed to. What would be the result or purpose in this phase? Is the DT expecting the jury to give JA life because of it OR is the DT expecting the judge to throw out the whole case because of it?

I hope JSS is not forgetting which parts she had excluded the jury from being part of.
With as many times as the jury was removed and then allowed back in, maybe it was just a mistake the jury was present.

That would be awful but I suppose the judge could say to just disregard it all. Maybe.

Color me confused by it all.

 

[noor]

I still have no idea why the jury is hearing about JM possible misconduct.....does Sherry want them to decide? She had the COA decide the secret Jodi issue for her.....

I have the same question.

 

[Nali87]

Im confused too why the jury is listening to any evidence about prosecurial misconduct. Lets take it a step further just to see. Lets falsely assume that the witness admitted to making a mistake and deleting a file he wasnt supposed to. What would be the result or purpose in this phase? Is the DT expecting the jury to give JA life because of it OR is the DT expecting the judge to throw out the whole case because of it?

I hope JSS is not forgetting which parts she had excluded the jury from being part of.
With as many times as the jury was removed and then allowed back in, maybe it was just a mistake the jury was present.

That would be awful but I suppose the judge could say to just disregard it all. Maybe.

Color me confused by it all.

I think if it wasn't on purpose, JM would have been on his feet so quick lol. All we can do is speculate as to "why", but I don't doubt that the jury was meant to hear everything it heard today.

 

[Hatfield]

This happened recently in the Phylicia Barnes murder case in Baltimore. The was convicted and awaiting sentencing. Then his DT made a motion for Prosecutorial Misconduct, which teh judge agreed with, and the Guilty Verdict was overturned. The Misconduct involved the star State witness, who evidently made a 'deal' with the state for a possible reduction in sentencing, and the jury was not told about this possible deal.

ETA{ I guess he was not technically 'convicted' because he was not sentenced yet. But he was found GUILTY initially.

This proves it can happen. Which is why I think it is important that any purposeful stall tactics by DT need squashed. The quicker this trial is over the less chance of the DT coming up with a hair brained idea that somehow works for them.

The only good news if it ever happened is I suppose just the verdict is thrown out and not the charges. So it would mean we would have to go through the entire trial all over again.

The state may go bankrupt if that happens and release not only JA but all other prisoners because they have no money for prison staff. Just kidding with that part of course. But it would be very expensive if that happens.

 

[Nore]

So, the sentencing phase of this "trial" is going to be as long or even longer than the guilt phase? Geez louise.
I am thinking JSS did tell the attorneys she was not going to take the DP off the table this morning during the first sidebar. If she was going to do that, she would have dismissed the jury.
Will prosecutorial misconduct also be put to sleep (pun intended) after Wednesday's "Sue's" testimony? I am a wee bit confused.

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This is all going on because DT.is trying to prove Travis was abusive to ja. , the *advertiser censored* proves he was abusive. Isn't everyone who watches *advertiser censored* abusive? This is all they have? I thought JA put abuse by the wayside. THE JUDGE SHOULD GO FOR BROKE~~give her lwop , close it down and send her away. I don't see people in their right mind opening this crap up again for another 3 or 4 million dollars. I still doubt she would live long enough to see it all thru!! IMO.:loveyou:

 

[LaLaw2000]

I suppose the only good thing that could possibly come out of all these motion and hearings and requests for mistrial would be that JA will have a difficult time claiming ineffective assistance of counsel during an appeal?

I'm to the point where I think Nurmi and Wilmott are kind of just playing games. They know they have a rotten, guilty client and an inexperienced judge. And they are getting paid. So what more perfect set-up than to just file whatever the heck they can possibly file, get to argue it in court, and get paid for the learning experience?

BBM:

Yes, Nurmi & Willmott are just playing games. Dirty games at that. And don't forget who they are playing them with and for. CMJA. I will be thrilled beyond words when this penalty phase is over and the play house is shut down. I cannot wait to see CMJA hauled off to Perryville. She better hope she has some big girl panties to wear because little Spidey panties just won't do at Perryville with the big girls!

MOO

 

[Madeleine74]

If the DP is off the table, the jury will be excused and the judge will sentence her to life (presumably LWOP--Arizona no longer has any procedure for parole so there would be no point in sentencing her to LWP).

So either way she's basically getting life in prison. The only difference is whether she sits in the death row area or the regular area and who is on the hook to pay for any appeals. Death = state pays, automatic appeal. Life = she has to file for an appeal & state doesn't pay. Is my understanding correct?

 

[tandt]

Was the whole 14-witnesses -too-terrified-to-testify brought up at all today?


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[bznbear]

That had to be at Jodi's direction. She's driving this defense and I don't think the DT would've stooped so low otherwise. She hates Juan and is trying to drag him down too!

IDK, Linus, because Nurmi defends people accused of sex crimes. I'm thinking trashing victims is SOP for him.

 

[Luvrosco]

Isn't this the penalty phase,since she has already been convicted? I'm so confused! Is AZL saying her conviction could be overturned?

 

[Madeleine74]

Wow. When you realize that Arias will be in prison for life, it kind of puts this whole phase into perspective. Arizona has not executed a woman for the last 80 years. Arias will never be executed. Arizona has no provisions for parole. Arias will spend life in prison regardless of what sentence she actually gets. So why all the worry? Either way, she's going to the same prison, will eat the same food, will be in the same size cell. Her life in general population will have more risk involved. More people, more conflict, more chances to be injured or killed. On death row she'll be segregated and hang with the other few women there.

 

[Nore]

Nurmi also requested a mistrial in court today that was promptly denied. I have not been fond of a lot of the judge's actions in this case, but today I feel she will be making the right decision. In no way do I think she will be taking the DP off the table. They did not prove prosecutorial misconduct at all by a longshot. I think the judge is just appeasing the DT by waiting until Wed. JMHO

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Hi, they don't even know for sure who had access to the computer! As has been said maybe one of the renters put it on. This has been brought up in court but DT. doesn't seem to hear it. I should think that is one of the first things a higher court would want to know. Whats more there is really no way of proving it. Oh I cant stand JA. wish I could slip her the needle!

 

[Hatfield]

So either way she's basically getting life in prison. The only difference is whether she sits in the death row area or the regular area and who is on the hook to pay for any appeals. Death = state pays, automatic appeal. Life = she has to file for an appeal & state doesn't pay. Is my understanding correct?

IMO
I think that is basically right unless the DT can somehow get the verdict thrown out before sentencing phase is over. They seem to be trying to do that as well.

 

[5bigfish5]

Was the whole 14-witnesses -too-terrified-to-testify brought up at all today?


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NAH,

Jodi's imaginary mitigation witnesses have yet to enter the building.

 

[Hatfield]

Wow. When you realize that Arias will be in prison for life, it kind of puts this whole phase into perspective. Arizona has not executed a woman for the last 80 years. Arias will never be executed. Arizona has no provisions for parole. Arias will spend life in prison regardless of what sentence she actually gets. So why all the worry? Either way, she's going to the same prison, will eat the same food, will be in the same size cell. Her life in general population will have more risk involved. More people, more conflict, more chances to be injured or killed. On death row she'll be segregated and hang with the other few women there.

JMO
The state of Arizona will at some point in the future re-establish parole guidelines for life sentences and when that happens, she could be entitled to such considerations if she gets a life sentence.

For me personally, I worry more about the jurors numbers getting too low before this ends. I just want this to end before that happens. I think a lot of us are just in an uproar over the length of this phase. It should not take months to go through a sentencing phase.

 

[ShadyLady]

Being nit-picky here.... I thought you said earlier that she wasn't officially convicted until after sentencing. If that's the case then there's not a conviction to overturn until after sentencing is there?

Jodi was pretty ballsy claiming she would never be convicted. Let's hope she eats her words soon.