Retrial for Sentencing of Jodi Arias - Day 38

[Love Never Fails]

Either he said something less absolute than that, or upon further questioning he agreed that he would follow the instructions regardless of his preexisting thoughts on the subject.





I think JSS has learned at this point that she can't conduct the proceedings in secret. It would be completely appropriate, however, for JSS to kick everyone to the overflow room. No constitutional problem with that.

Yes, Jodi would still have the option to allocute if JSS refused to send everyone to the overflow room. If Jodi decided not to allocute at that point, of course it would be brought up on appeal as not being a voluntary choice. Which is why JSS needs to grant that request--it takes care of an appeal issue without stepping on the rights of the media or public.





It's less common to lose jurors during deliberations because once they are allowed to talk to each other, that removes the one rule they are most likely to break.

But if deliberations go on for very long, you always have the chance of a juror getting sick, having a family emergency, etc.



BBM[/B].

Victim impact statements are done at the beginning, so there will be no more of those.





The judge has to allow hearsay in this phase as long as it is "reliable." I personally can't understand how hearsay is ever reliable, but that's the rule. And since the rule is so nonsensical, the best policy to avoid being overturned on appeal is to let it in unless it seems to be a forgery (like the pedo letters).

AZlawyer, you rained on my parade.

 

[Frigga]

Yayyyy Ziggy!

 

[geevee]

William Pitts ‏@william_pitts · 34s35 seconds ago
attorneys are lookin at papers...for a long time. #JodiArias

 

[ziggy]

MDLR, JA and JW all in blue. hmmm.

 

[MeeBee]

I don't have the answers to that, but that's in response to those who think AZ wouldn't give the DP to a woman. Juan has also put men on Death Row. Scott Falater comes to mind- the Mormon who claims he killed his wife while sleepwalking.

Scott Falater did not get the death penalty. Juan did very recently get death for Bryan Hulsey. But again, pretty easy. He killed a young cop.

 

[pacnwgal]

AZlawyer, you rained on my parade.

Mine too AZLawyer, will the family get to speak at sentencing? After the verdict?

 

[Hope4More]

TA's family here front row full. Sky behind them. MDLR just walked in and sits next to JA

Will you be able to see jurors' faces onscreen in overflow room? If so, please let us know how they're responding to JA!!!

 

[hindsight2020]

Jarrett Seltzer @JarrettSeltzer · 1m 1 minute ago
maria has returned, she sits back next to jodi - #jodiarias

 

[Nali87]

Either he said something less absolute than that, or upon further questioning he agreed that he would follow the instructions regardless of his preexisting thoughts on the subject.





I think JSS has learned at this point that she can't conduct the proceedings in secret. It would be completely appropriate, however, for JSS to kick everyone to the overflow room. No constitutional problem with that.

Yes, Jodi would still have the option to allocute if JSS refused to send everyone to the overflow room. If Jodi decided not to allocute at that point, of course it would be brought up on appeal as not being a voluntary choice. Which is why JSS needs to grant that request--it takes care of an appeal issue without stepping on the rights of the media or public.





It's less common to lose jurors during deliberations because once they are allowed to talk to each other, that removes the one rule they are most likely to break.

But if deliberations go on for very long, you always have the chance of a juror getting sick, having a family emergency, etc.



BBM[/B].

Victim impact statements are done at the beginning, so there will be no more of those.





The judge has to allow hearsay in this phase as long as it is "reliable." I personally can't understand how hearsay is ever reliable, but that's the rule. And since the rule is so nonsensical, the best policy to avoid being overturned on appeal is to let it in unless it seems to be a forgery (like the pedo letters).

I don't think JSS is stupid so I think she offered the overflow room option but the DT is not satisfied with that. Or wasn't satisfied with that. I think their refusal makes sense.. How can she now say with a straight face "OK I'll allocate with them in the overflow room" when she wasn't willing to accept that offer when it came to her testimony?

I think ultimately JA will stand by her "no" to the overflow option and JSS will have no choice but to proceed to closing arguments.

What a drama!!

 

[dog.gone.cute]

Tweets:

Wild About Trial 2 ‏@WildaboutTrial2 · 3m3 minutes ago

I'm so anxious I've peeled my gel nails off. �� #jodiarias

William Pitts ‏@william_pitts · 2m2 minutes ago

still no jury....#JodiArias https://www.youtube.com/watch?v=B3lLYOGDsts …

William Pitts ‏@william_pitts · 2m2 minutes ago

attorneys are lookin at papers...for a long time. #JodiArias

 

[Spycraft]

Well over 2 hour lunch. Jurors out longer than that.
And predictable..........nurmi needs a sidebar!!!

 

[ziggy]

No view of jurors from overflow. Just camera angles like the televised version.

 

[especiallyheather]

Yes, they will have audio in the overflow room.

I was just curious because the secret chambers transcript said that the DF was asking that not only were they not permitted to be in the room, but also because of the impact that the tweets/reports will have on Jodi, they not be permitted to use twitter at all. I didn't see where JSS addressed it.

Thanks!

 

[LinasK]

Perryville by St.Patrick's Day!!!:happydance::great::clap::jail::jail::jail:

 

[MeeBee]

Speaking of pedo letters, AZL, there was talk of them in pretrial hearings leading up to this retrial but they are noticably absent. Do you think they were argued in sealed hearings and judge ruled them out?

 

[dog.gone.cute]

Tweets:


Michael Kiefer ‏@michaelbkiefer · 2m2 minutes ago

@william_pitts You haven't even been here. What are you complaining about?


Wild About Trial 2 ‏@WildaboutTrial2 · 1m1 minute ago

Reminded of what a strong guy Detective Flores is today. #jodiarias


William Pitts ‏@william_pitts · 41s41 seconds ago

@michaelbkiefer not by choice strangly enough...

 

[wenwe4]

Does anyone know the answer to my previous question? Will the reporters be able to tweet from the overflow room during her addressing of the jurors in private?

People hAve tweeted from the overflow room previously in this trial. Barring some strange restriction being imposed - they should IMO

 

[ziggy]

Wearing my new frames and I can't see! But they look great. :-/

 

[LinTX]

Stop the circular argument about the judge. When I remove posts that bash the judge please do not refer to those posts that have been removed or we will have to remove your post, too. You want to comment, fine, but stay away from the bashing. IT IS ALMOST OVER. TAKE A DEEP BREATH and breathe. We are almost there.

I don't scroll up, and probably wouldn't know what posts were removed if I did, so would you mind describing what is considered bashing vs what is allowed?

 

[geevee]

William Pitts ‏@william_pitts · 33s34 seconds ago
People still making their way in. When they see the sidebar already in progress every one of them has chuckled. #JodiArias