PREDICTION:
At 1:40 p.m. Judge will take the bench. And call for Sidebar.
At 1:59 p.m. Judge will have attorneys and Arias to Chambers
At 2:28 p.m. Judge will take bench. No Arias in sight.
At 2:30 p.m. Judge will call for Sidebar.
At 2:45 p.m. Judge will call for the jury
At 2:48 p.m. Judge will thank Jury for their patience and tell them they will be taking afternoon recess and to return PROMPTLY at 3:15 p.m.
At 3:25 p.m. Judge will take the bench and call for Sidebar.
At 3:45 p.m. Judge will call for Jury.
At 3:49 p.m. Judge will thank Jury for their patience and say that something unexpected has come up, to please return on THURSDAY the 26th at 1:30 p.m.
Behind the scenes:
Defense insists on closed courtroom.
Judge says no
Defense whines and issues “threats” of possible appeals should little flower not be given opportunity to “actualize her mitigation.”
Judge will ask for reasons and will be told:
1. Scary man made reappearance at the jail
2. Threatening postcards piling up
3. Arias’ PTSD and BPD “flaring up” and she can’t be expected to
allocute with anyone watching her, listening to her, or even knowing she is allocuting
4. Arias’ right to allocute trumps all rights of media, public, even victim’s family. Jury only.
5. A possible writer of a possible threat is possibly in the courtroom.
**Judge says she needs to check some statutes.
**Defense requests time to take a longer look at the COA ruling to see how it applies to allocution.
**Judge agrees and sets time for oral arguments Wednesday afternoon.
**Defense reiterates that Arias will NOT allocute if ANYONE is present in the courtroom and that if the **Judge rules against this, they will be forced to motion for mistrial.
**Judge thinks about this and requests additional time to think this over.
**Repeats she will make her decision Wednesday afternoon.
**Defense reiterates again, and louder, that Arias will NOT allocute if these measure are not taken, that they will file for mistrial immediately, and if she is not allowed to a private allocution they need time to rethink strategy about getting other witnesses to allocute through her.
**Defense will recall Fonseca and computer dudes at the minimum to demonstrate through them the “chaotic and dangerous” relationship Arias had with Travis and to substantiate again her claims of *advertiser censored*.
**Defense will also call Geffner back to explain to the jury why someone like Arias diagnosed with PTSD (and possibly the Bi-Polar they have been throwing recklessly around) would be severely disadvantaged if forced to allocute in public, her fragile emotional state unable to take it.
**Defense requests 2 weeks to make these arrangements.
**Judge asks if 1 week would be enough.
**Defense says NO WAY.
**Judge says she needs to think about this. Will meet Wednesday afternoon. She can’t promise a decision but will be willing to listen to arguments from both sides.