Retrial for Sentencing of Jodi Arias - Day 30

[dog.gone.cute]

From WAT:

Wild About Trial @WildAboutTrial · 14s 15 seconds ago


Juan is arguing that this information contradicts their defense of #JodiArias suffering in silence.

 

[ziggy]

So long I had to use the powder room. JSS reading from case DT is citing. Basically the opinion says judge should use discretion so as to not let the DP hearing become a standard less assault on the defendant's character. Opinion also says use rules of evidence FRE 401 and 403.

The statement he wants excluded is someone saying "jodi could be a total *****".

Juan counters that it is not an assault. It's a statement about JA by a family member and a chance for jury to see both sides. Not overly prejudicial.

Jss wants to know how Dr. DeM will testify about this. JM says this will validates that JA was rude and overbearing and how she used it in her analysis. It will be used for 2 purposes.

 

[katydid23]

Nurmi doesn't want the jury to know the killer was 'aggressive?' I think the crime photos were their first big clue.

 

[josie1986]

Jen's Trial Diaries @TrialDiariesJ · 9s 9 seconds ago
This cousin calls Jodi snide, smirky and a total ***** #jodiarias #3tvarias

Jen's Trial Diaries @TrialDiariesJ · 37s 37 seconds ago
Nurmi wants it out and Juan says well her cousin said it and this cousin was around her all the time #jodiarias #3tvarias

 

[wenwe4]

Michael Kiefer ‏@michaelbkiefer · 1m1 minute ago
Nurmi repeats the clause about relentless assault on the defendant's character during mitigation rebuttal.
---

LOL Now JA's own answers to test questions are an assault on her character, this is so rich.

Seriously Kiefer?

And this whole trial has not been a character assisination of Travis?

 

[geevee]

Michael Kiefer ‏@michaelbkiefer · 1m1 minute ago
Martinez says that it is not unduly prejudicial given the amount of time that Dr. Fonseca and Geffner spent saying she was passive.

 

[dog.gone.cute]

From WAT:

Wild About Trial @WildAboutTrial · 9s 9 seconds ago


Juan argues that this contradicts Geff's testimony.

It validates that #jodiarias is rude & overbearing which Dr. De's test suggested.

 

[josie1986]

Jen's Trial Diaries @TrialDiariesJ · 16s 16 seconds ago
Juan says this isn't suffering in silence or a wilted flower as was testified to by Fonseca and Geffner #jodiarias #3tvarias

 

[geevee]

Cathy ‏@courtchatter · 1m1 minute ago
Quoting a wise person in my chat room: "Nurmi is allowed to retrial the guilt phase, but state is limited to mitigation rules" #jodiarias

 

[MeeBee]

Maybe the judge will let it in without the "total b****" part coming in. This is the rebuttal to mitigation. He's rebutitng Jodi's character. This isn't a relentless assault on her.

 

[nachomama]

As soon as I read that question, the first person that popped into my mind was Dr. Geffner.

Ewwwwwwwwwwwwwwwwwww

 

[ziggy]

The state wants to use this to show she doesn't suffer in silence and isn't always passive. Nurmi says that it is not appropriate under case law because the comment about her being a total Bword is meaningless and just an assassination on JA character.

 

[AZlawyer]

I don't understand the "too prejudicial to be admitted" standard. Does it mean that on a scale the possible harm to the defendant of the info outweighs the evidentiary value of it? I think JSS has kept out too much detrimental info re JA, but maybe she has no choice.

Yes, it means that there may be some small amount of evidentiary value, but it is more likely to make the jury render a decision based on some impermissible conclusion they might draw.

One important point to remember is that the ONLY thing the jury is allowed to "balance" against any mitigating factors that are found is the cruelty of the murder. Cruelty is the one and only aggravating factor. So JSS needs to be very careful not to permit JM to introduce anything that the jury might mistakenly think is another aggravating factor that they can balance against the mitigating factors. JM may rebut mitigating factors but may not introduce "stealth" aggravating factors that are not permitted by the statute.

 

[Princess of Oz]

Days like today, I have to remind myself..

 

[geevee]

Tammy Rose ‏@News20Chopper · 2m2 minutes ago
I'm confused. Defense is calling victim a pedophile, abuser, womanizer but witness calls #JodiArias a ***** and we call this scandalous.

 

[ziggy]

Objection overruled: all relevant and prejudice does not outweigh probative value

 

[rose222]

Aunt Sue and family better watch out!

 

[josie1986]

Jen's Trial Diaries @TrialDiariesJ · 17s 17 seconds ago
Nurmi is saying this is mischaracterizing what Fonseca and Geffner testified too and this is an assassination on Jodi's character #jodiarias

 

[Nosey Parker]

Jen's Trial Diaries @TrialDiariesJ · 29s 29 seconds ago
Nurmi again asks DeMarte to leave and Judge asks DeMarte to step out while very agitated #jodiarias #3tvarias

Jeesh Jen - who is very agitated?

 

[geevee]

Michael Kiefer ‏@michaelbkiefer · 2m2 minutes ago
Stephens overrules the objection. #jodiarias