Retrial for Sentencing of Jodi Arias - Day 21

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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.

According to AZLawyer the legislature would have to get their act together first and they have not done that. If I were a convicted first degree murderer facing prison I wouldn't think my chances were very good to see freedom ever again. A lot would have to happen for that to occur and the judge would have to sentence me to LWP, which I'm not sure why a judge would want to do that.
 
You have to wonder what this defense team is thinking about the defense team in 2009 when they asked to look at the computer? Did they just want to confirm it was a computer, or were they interested in turning it on to see what it contained?
 
I've read from multiple sources that at the time of the especially cruel murder, LWP was on the books and therefore is a sentencing option for the judge now.

Presumably the reason for doing so would be in the event that such time as a parole process is re-established the killer would already be eligible for consideration.

AZLawyer, it's like we're getting free legal advice.

I feel so ashamed... :iamashamed:

Well, the State Bar of AZ says it's not "advice" unless it's about YOUR legal issues, so let me just be very clear that I'm not providing legal advice to people in a bunch of states and countries where I'm not licensed. :)

But yes, LWP is technically an option. What I was trying to say is that IMO JSS will never pick that option because it involves a built-in special action appeal which she would want to avoid.

BBM....so wouldn't John pseudo...whoever/whatever....be on re-direct? Isn't that limited in some way?

Yes, but if he's found something new, direct would be re-opened on the new information.
 
Yes, but if he's found something new, direct would be re-opened on the new information.

AZL, first of all, thank you for being a voice of reason for us!!!

Let's say this guy finds something new-- when does this have to be disclosed to JM so he can have a review? Certainly this guy can't just waltz in on wed and blurt out new evidence w out the state knowing?


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I think they could have said "No". I can't think of any legal reason why KN would be bound to say "Prosecution was more interested in looking at nude pictures of Jodi Arias" even if JA demanded he do that. I doubt he'd get in trouble for telling her: "Hey we don't say that kind of stuff in a court of law. What's the point?".

I happen to think there's some real jealousy and resentment from Nurmi and Wilmott for JM. Maybe even some animosity. But then again, maybe they have drinks after work and bbq together at the weekend.
 
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?

Right, but the verdict can still be overturned.

Oh no! What is the likehood in your opinion that this could happen? Thanks

Close to zero based on what we know thus far.

But did Sue testify that the 2008 and 2009 images he examined were identical? Did he get a copy from 2009 before the defense altered it and Dworkin got a copy after they had?

I think (insert trial by tweet disclaimer here) that he was just saying that they were identical insofar as the *advertiser censored*/virus parts went?

I'd like to know why the jury would even be privy to testimony laced with misconduct accusations. I just don't get this whole day and in what possible way the questions/testimony go toward mitigation.

I asked AZLawyer the same thing.

She agreed with JSKS that it should be before the jury, I think, due to the remote possibility that something mitigating could have been deleted from TA's computer.

Just wanted to make sure everyone saw TD's response, since people are still asking the same question.

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?

Either way, the state pays for the appeal if she's still "indigent." Which I assume she will be, given the quality of her artwork or lack thereof.
 
According to AZLawyer the legislature would have to get their act together first and they have not done that. If I were a convicted first degree murderer facing prison I wouldn't think my chances were very good to see freedom ever again. A lot would have to happen for that to occur and the judge would have to sentence me to LWP, which I'm not sure why a judge would want to do that.

Someone had brought up earlier that at the time of the murder, the state of AZ did have LWP option and I was wondering if it is still a possible sentence even though there are no guidelines.
Because in future if guidelines ever re-established, then its still a possibility.

I get so confused with this trial. LOL

I do agree it is highly unlikely the judge would want to give her LWP even if she can.
Since JA crime was so heineous. It would be like giving Charles Manson a parole option.
 
Question for all our attny friends-- whether right or wrong, is this type of DT antics common in 'normal' trials? Or is this unique bc of the high profile?


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AZL, first of all, thank you for being a voice of reason for us!!!

Let's say this guy finds something new-- when does this have to be disclosed to JM so he can have a review? Certainly this guy can't just waltz in on wed and blurt out new evidence w out the state knowing?


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If I had to guess based on how this trial has gone so far, I would say he will find out Tuesday at 4:57 pm by email. Unless it's a CHILD *advertiser censored* BOMBSHELL, I think JM will be happy to deal with it on the fly.

I happen to think there's some real jealousy and resentment from Nurmi and Wilmott for JM. Maybe even some animosity. But then again, maybe they have drinks after work and bbq together at the weekend.

I have many criminal defense attorney friends, and several prosecutors are also part of that "circle." But JM is not the type of prosecutor who parties with defense attorneys on the weekends. :)
 

This was an excellent article!! Yes, it is very, very long, however, if you take the time to read it, so much is made so clear. I am not computer savvy by any stretch of the imagination, but I can get the most important details out of this article. Please take the time to read it. Thank you so much for providing the link.
 
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.

BBM Hmm, maybe that's why Nurmi looks crazy mad in that pic.
 
Question for all our attny friends-- whether right or wrong, is this type of DT antics common in 'normal' trials? Or is this unique bc of the high profile?


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IMO it is beyond what one would expect. Most defense attorneys IMO would tell Jodi, e.g., "we are not going to bring up the PPL mass email that happened to be copied to an 8-yr-old girl" or "we are not bringing up *advertiser censored* unless it's child *advertiser censored*."

ETA: The constant requests for delays are also beyond normal.
 
Jodi was the one texting requesting the dirty things like  on face. sodomy.jpg After the jury has already heard every single raunchy text that Jodi Arias sent to Travis I would think the hypocritical nonsense of someone saying Travis; or anyone that had access to his computer, may or may not have looked at an adult *advertiser censored* site one time would be infuriating.

They heard the sex tape where the pair of them were openly discussing making their own *advertiser censored* movie. She texted him " I want to f you like a dirty horny little school girl" She asked him to ejaculate on her face " give me a nice facial" and "give my a-- a much needed pounding" indicating SHE wanted the anal sex.....

So.... long, long ago the defense already proved Jodi Arias to be quite the ring leader or a VERY willing participant at a minimum. The interesting thing about what you opine that the jury may feel they must go on net to do a little research on this case as it is all so confusing, is Kirk Nurmi is COUNTING ON IT.
He may as well write a jingle to go with his headline as he gives Kiefer the ad copy.

He argued in a motion to have the jury sequestered ( when 600 pages of Jodi Arias' journals were released and HLN was discussing them, and the interview with Steve Flores and mom and pop Arias was released) that "It is an absolute fantasy to imagine the jury is not seeing this case on the media. They are!" So with that in mind, he purposely drops bombs in his motions and in the hearings that he wants Kiefer, et al to go out and use as headline, hoping , expecting the jury to see it. For example he mentioned in open court that one of his imagined 14 witnesses is someone who would have claimed that Travis was into child *advertiser censored* and that Travis was abusive to another woman. Indeed the media has been running his headline about possible child *advertiser censored* being on the computer for months now. When put up or shut up finally happened , we learn NO, absolutely, NO CHILD *advertiser censored*, whatsoever. Still the headlines were out there and theoretically ( according to Nurmi's insistence ) the jury and or their family, co workers or best buds surely saw it and mentioned it to them. It's the old one cannot un- ring the bell theory. It is all he has I suppose.

Don't even get me started on THE PHANTOM 14 . Nurmi is lying to the court about that from soup to nuts. He claims the 14 are afraid. NOTHING could be further from the truth. The most egregious example is Alyce LaViolette. She is out using this trial to promote her career despite asking for her to have a subpoena squashed and withdraw from the case. Nurmi has been asking to do this entire trial in secret sine 2/2014 if you look at the court minutes. He uses HER fear as a prime example of the need for this. Woopsie Daisy...someone ought to tell her to lay low for now.

1798588_612567168819429_831313727_n.png


The jury if they are on the net searching for clues may happen upon the mother load. This is one of my favorite little gems
Unfortunately for Jodi Arias it is known where she got her pedophile story. Jose Mcyntire explained she borrowed the entire story from Dan Freeman's brother who had been molested and committed suicide with trauma over the thoughts.


If they are NOT on the net or in the media at all, unlike Nurmi I will give them trust, they will learn soon enough that indeed their gut instinct is correct......they may set aside every single opinion of Jodi Arias' experts. Juan will clear any fog they tried to create right up! If the jury takes their time going over the experts opinions and tries at all to match it up with evidence.....Juan may as well cue up "Another One Bites The Dust" and pump it into the jury room.



What is curious is Nurmi and Jennifer never learn. For every subject their experts opined about, Juan Martinez is going to rebut. He will blow the roof off of that courthouse blowing up those lies, one by one. Dr. Janene DeMarte is allowed to speak on anything she reviewed and anyone she interviewed, anything at all that she considered in coming to her conclusions. If you thought she was good last time....wait for this time. The twitter world will be standing on its feet :loveyou::loveyou:

The brilliant Dr. Janene DeMarte has a lot to say this time


Many of Travis Alexander's friends are aware that Jodi Arias broke into his home, had spyware on his phone, hacked into his computer , followed him on every date, snuck in his doggie door took his journals, etc. Deanna caught her in person one day breaking into his home and computer.

Deanna Reid http://youtu.be/Wv38JlANzDM

Dr. Karl Hiatt and Sky Hughes both know Jodi hacked into his computer, sent emails posing as Travis, even the complimentary ones she sent to herself from Travis etc. She sent out phone texts as Travis too.

Dr. Karl Hiatt http://youtu.be/MZjAtOGdGN8
Sky Hughes http://youtu.be/X36lObDdBUU



Travis' dear friend Taylor Searle knows Travis had once asked HIM to scrub his computer due to an old room mate looking up *advertiser censored* on it. Even after that ......Travis still left his computer out in the open while he had company and room mates and friends were welcome to go on it any time. Once the jury hears about all of this.... will it really matter that SOMEONE ONE TIME looked up a *advertiser censored* site?

This jury is not of the same age as the last. This jury is of the generation that made Kim Kardashian a millionaire from the thousands of downloads of her and Ray J's *advertiser censored* tape. No one is shocked by *advertiser censored*. Having listened to their sex call and seen the photos they took of one another, extremely graphic and read their nasty texts frankly I would be shocked NOT to find *advertiser censored* on both of their computers. For this reason I do not think the first jury would have cared less if Travis looked at *advertiser censored*. :facepalm:

What I do know is how Nurmi wants the headline to read and I'll bet my home it says precisely what he hoped it would and it is all for the posturing in front of the jury.

What I also know tonite is the Judge will not take the death penalty off the table. The case will go forward and eventually Juan Martinez will blow the roof off that courthouse with his zeal in rebuttal.

For example here is Taylor Searle http://youtu.be/3pYTxJsVOPY he will explain Travis not only did not abuse Jodi sexually. SHE was the one Travis couldn't manage sexually.

I trust the biased reporters are focusing on Juan was angry today that he beat up his own witness. First of all Juan and Steve have worked together for 20 years. Theirs is an enduring friendship. Steve Flores KNOWS why Juan was in that mode and he is not the least bit offended by it.

You are damn straight he is angry for the family's sake, his own and his friends. This poor family has had to sit through nearly seven years of their beloved brother; who was brutally murdered, have his name drug through the mud. One can see the deep respect Steve has for this family with the simple gesture of how he stood out of respect as they took the podium to give their victim impact statements. He is just as outraged as Juan with VILE lies that have killed Travis all over again. Moreover, now through her lawyers Jodi Arias is calling him, his detectives his staff and many hard working career members of the Mesa PD crooks along with Juan. Yes, Juan is angry. Everyone at the entire prosecutors office and Mesa PD are livid with their work of a lifetime being smeared by a murderer. If Brian Neumeiseter thinks for one second him accusing them of misconduct did not get his card pulled from every state agency rolodex and blackballed, he is a FOOL.

Frankly the jury is offended by it too.

The good news is he has the TRUTH on his side and the jury is hungry for it.

I honestly cannot wait for the Allocution. Even before they were selected for jury duty these folks must have seen the Food Bank, St. Judge's Hospital and even the Shelter in Long Beach Alyce works at all basically proclaiming in the news.....we do not want blood money and we are outraged that Jodi Arias would stain our good name. How dare she? BKqtdiACAAAOta6.jpg

I still love what a very emotional Dave Hall said one day ,"She has had SIX YEARS. Jodi Arias cannot get ONE person to come take the stand for her. If Mr. Martinez were to ask for a character witness for Travis Alexander......the line would form around the courthouse, down the block and wrap around the city of Mesa!"

I have great faith in Juan Martinez. He is going to blow the roof off the place. Travis deserves the zeal and passion he fights with. Yes. He does. The jury wont have to look around for the truth once Juan gets up. The truth will be like a bright sunlight after the storm. Either that or Juan will blow the roof off the place . It just depends how you like your headline to read. You see how mine does. 10881687_759520254124119_8943740252800577553_n.png TravisAlexander-005.jpg
 
I have many criminal defense attorney friends, and several prosecutors are also part of that "circle." But JM is not the type of prosecutor who parties with defense attorneys on the weekends. :)

While def not the same as partying on the wkend, I remember seeing pics of JM abc the DT walking into the building together smiling and laughing. I remember bc I couldn't understand how JM could be friendly w them after all this. But I guess it comes w the turf.

I don't know how any of them have work/life balance. JM and JSS w the pressure of this trial. JWs family probably thinks she's a moron and KNs wife can't believe her hubby spends time w this convict *advertiser censored*.


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The 3 things I am worried about for this phase. I agree they are unlikely but until we get finished, I continue to worry about them.

1-This phase is taking so long that we will deplete the jurors down below the level needed to complete this phase.

2-The DT somehow miraculously causes the verdict to be overturned before we finish this phase.

3-The judge giving her LWP over LWOP. (because AZ could re-establish guidlelines in future for Life sentences)
 
The 3 things I am worried about for this phase. I agree they are unlikely but until we get finished, I continue to worry about them.

1-This phase is taking so long that we will deplete the jurors down below the level needed to complete this phase.

2-The DT somehow miraculously causes the verdict to be overturned before we finish this phase.

3-The judge giving her LWP over LWOP. (because AZ could re-establish guidlelines in future for Life sentences)

I think #1 was the goal at some point, but it must be fading away. It started with 19, not 18 as we - or at least I - had thought. Two dropped right away, but the only one since was #3 and that was a coincidence. NONE dropped when the judge said it would drag past Christmas, which had to leave the defense team in a bit of shock. They have been in 100% stall mode ever since. Other than the four days the week before Christmas, it has ground to a halt.
 
The 3 things I am worried about for this phase. I agree they are unlikely but until we get finished, I continue to worry about them.

1-This phase is taking so long that we will deplete the jurors down below the level needed to complete this phase.

2-The DT somehow miraculously causes the verdict to be overturned before we finish this phase.

3-The judge giving her LWP over LWOP. (because AZ could re-establish guidlelines in future for Life sentences)

“So do not worry about tomorrow; for tomorrow will care for itself. Each day has enough trouble of its own.” ~ Matthew 6:34
 
Hatfield, if worrying creates pleasure for you then have at it.

However, let's look at what happens in case any of these things you listed comes true.

1. If that happens the judge sentences her. The judge will most likely give her LWOP.

2. It would indeed take a miracle (AZLawyer puts it at near zero %). It's not going to happen.

3. It's not likely to happen, but even if by some miracle it did, Arias would be approaching 60 before she'd even get the chance to ask for some kind of parole consideration. That's no guarantee she'd ever be paroled. That's also no guarantee the state of AZ would even have such a possibility for those who have received life sentences. The Manson family has not ever been paroled in 45 years. CA has always had LWP as a sentence. Those killers are now in their 60's and 70's and have gone through multiple parole hearings and been denied. You worried about them getting out?
 
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?

I believe that's correct; I tend to think the DT is mainly fighting to keep her from death row living conditions for the rest of her life, there's a significant difference between how she'll live as a lifer compared to the restrictions on death row. They know she'll die in prison one way or the other, it's just how she lives until that day that most of this is about.
 
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