Tssiemer
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Wow these threads fill up fast!
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Retrial for Sentencing of Jodi Arias - Day 3
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geevee
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Nurmi, Nurmi, Nurmi...
10/24/2014 MTD - Motion To Dismiss - Party (001) 10/24/2014
NOTE: MOTION TO DISMISS STATE'S NOTICE OF INTENT TO SEEK THE DEATH PENALTY DUE TO CONTINUED STATE MISCONDUCT;
Hopefully this motion is shorter than the last tome. As I recall the Court vacated the oral argument where that motion was to be heard, maybe JSS just told him to get back to her when he pared it down to a reasonable size she could read in one day. Something seems to have caused him to file it again, but with all the secrecy in this case lately it's so difficult to know much for certain.
10/24/2014 MTD - Motion To Dismiss - Party (001) 10/24/2014
NOTE: MOTION TO DISMISS STATE'S NOTICE OF INTENT TO SEEK THE DEATH PENALTY DUE TO CONTINUED STATE MISCONDUCT;
Hopefully this motion is shorter than the last tome. As I recall the Court vacated the oral argument where that motion was to be heard, maybe JSS just told him to get back to her when he pared it down to a reasonable size she could read in one day. Something seems to have caused him to file it again, but with all the secrecy in this case lately it's so difficult to know much for certain.
ElleElle
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"Continued State Misconduct"? What now?? I hope this frivolous motion gets denied. This will never end!
daisydomino
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Thanks! I hadn't seen that before. I never know how to read these things though.
There is no juror #17?
"IT IS ORDERED granting the motions in limine re smuggling contraband, changing counsel and threats against trial participants and lacking remorse."
What does this mean? Smuggling contraband?
Ricki
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I think it has to do with this.
http://www.azcentral.com/story/news...rias-defense-team-member-banned-jail/6554337/
A key member of Jodi Arias' defense team has been banned from the Maricopa County jails after being accused of trying to smuggle a colored-pencil drawing of a pinwheel out of one of the facilities.
Not sure but 17 may be one of the alternates that replaced one of the other jurors.
daisydomino
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Oh yeah, the pinwheel. So that is in. Good.
We don't know which jurors are alternates yet, do we? Looks like their numbers can change though? It says above, "Juror 115, now Juror 14, is excused over the objection by Defense."
Ricki
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Juan can not say anything about the pinwheel being smuggled out, as I understand it.
They are numbered in jury selection and numbered again, in order, once they're seated.
daisydomino
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Oh wow I misunderstood! That is crazy. That sucks. I hate this trial.
ArianeEmory
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Can anyone explain the pinwheel thing to a newb?
T-4-2
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The only person who waives Jodi is Jodi.
daisydomino
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Ricki's link is a news article about it
http://www.azcentral.com/story/news...rias-defense-team-member-banned-jail/6554337/
Foghorn
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Isn't this the same Pinwheel drawing that ended up on CMJA's art site and sold this week for $1500.00? (Or is there more than one?)
Wondering whether the proceeds from this drawing will go to the "Appeals Fund" or will they become another charitable contribution from the recently- benevolent CMJA?
IF this drawing was given to MDR for "mitigation purposes" how did it end up for sale? And IF this charitable contribution is used as part of CMJA's mitigation--why can't Juan tell the jury the back-story? How much more will JSS let this defense team get away with?
oceanblueeyes
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Once again, I can truly say I have never seen a Judge rule for the defense in these type of matters.
In all other cases that I have kept up with.......any negative action of the convicted inmate can be brought before the jury. They usually have a jail guard that testifies about the misconduct by the convicted inmate while being housed in the jail.
The jury should be allowed to know that she has made death threats against Juan. That shows she is still a danger to society.
But instead, JS, rules that none of it can come in, and I just smh in disbelieve at how difficult she is making it for Juan. The jury should know everything she has done/said or threatened. It shows a pattern of behavior that even extends beyond murdering Travis. She absolutely has no respect for rules or the law. The jury should be told how she thumbs her nose at the rules and does what in the hell she wants to do.
While I agree that the jury should know all of these things, I'm really puzzled about the lack of remorse ruling. Remorse is one of her mitigators! But the state can't show evidence that argues remorse? Even if it's only about 1 specific thing, if it relates to a mitigator, it should be in.
Miss Judy
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I'm not as concerned about the smuggling and alleged threats being ruled against as I am the bit about "....and lacking remorse." I'm sure I just don't understand this ruling as a non-legal person, because on face value that looks like the Judge has ruled that Juan can't bring up lack of remorse *in a penalty retrial*. Help, lawyer peoples? It doesn't mean that, does it?
Edit: I see others have the same concern, whew. I felt kind of paranoid and silly there.
Edit #2: I just saw this issue addressed elsewhere, and the explanation given there is that Arias is sticking to her "Self-Defense" defense, and remorse supposedly doesn't work with that for her appeals. (I get that but really? You can't defend yourself and still feel remorse for brutally taking the life of a man you once professed to love dearly, one that you *just* traveled hundreds of miles to hook up with?)
Edit: I see others have the same concern, whew. I felt kind of paranoid and silly there.
Edit #2: I just saw this issue addressed elsewhere, and the explanation given there is that Arias is sticking to her "Self-Defense" defense, and remorse supposedly doesn't work with that for her appeals. (I get that but really? You can't defend yourself and still feel remorse for brutally taking the life of a man you once professed to love dearly, one that you *just* traveled hundreds of miles to hook up with?)
ElleElle
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From same link: interesting!
" Arizona State University law professor Paul Bender said the Sheriff's Office may have overstepped its authority in banning De La Rosa.
"They can determine what constitutes dangerous conduct in the jail and what is contraband," Bender said. "To completely stop her from coming in? Any judge would find it illegal and unconstitutional. It's a direct interference with her constitutional right to counsel and to a fair defense."
Deputy Chief Jack MacIntyre of the Sheriff's Office said the seizure was *appropriate.
"When you start smuggling things out, you start smuggling other things out," MacIntyre said. "What's to stop you from doing it the other way?"
He said mitigation specialists cannot be conduits or couriers "for whoever *Jodi would like to correspond with."
ElleElle
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How can this "art" go for sale if it's confiscated? Or, am I missing something here?Isn't this the same Pinwheel drawing that ended up on CMJA's art site and sold this week for $1500.00? (Or is there more than one?)
Wondering whether the proceeds from this drawing will go to the "Appeals Fund" or will they become another charitable contribution from the recently- benevolent CMJA?
IF this drawing was given to MDR for "mitigation purposes" how did it end up for sale? And IF this charitable contribution is used as part of CMJA's mitigation--why can't Juan tell the jury the back-story? How much more will JSS let this defense team get away with?
Tuba
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I think you are all correct that the problem of juror 17 was a misunderstanding regarding this jury or last year's jury. Very often Dr. Drew airs from NYC and on his Facebook page, all times are given in EDST. That is where the promo for juror 17 is announced as made at 2:45 pm up at the header of his entries. It is not qualified by time zone nor did he mention one when he tried to clear this up on his program. I was listening that night. So you are free to assume it matches all his other time listings--or not.
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