List of mitigators, divided into threshold categories of what the jury must believe to accept each as valid mitigators (NOT as mitigating)
FACTUAL
1. Arias has no prior criminal history.
2. Arias was 27 years old when she killed Travis Alexander.
DEPENDENT UPON EXPERT WITNESS CREDIBILITY
7. Arias has been diagnosed with Post-Traumatic Stress Disorder. (Geffner- yes/ DeMarte no)
8. Arias has been diagnosed with Borderline Personality Disorder. (DeMarte- yes/ Nurmi- yes)
DEPENDENT UPON EXPERT WITNESS CREDIBILITY, AND WHETHER OR NOT THE JURY BELIEVES JA
3. Arias suffered physical and emotional abuse as a child.
Defense: MF, Geffner’s PTSD tests, JA secret testimony
State: DeMarte, no evidence to support.
5. Arias suffered physical and emotional abuse during her relationship with Travis Alexander.
Defense: MF (Jeckel and Hyde, master of manipulation, bad Mormon, secrets). Geffner PTSD test. JA –TA texts and journals. Hughes’ emails. Nurmi’s *advertiser censored* *advertiser censored* *advertiser censored*.
State: DeMarte, no evidence to support.
6. The abusive nature of the relationship caused Arias to suffer extreme emotional stress at the time she killed Alexander.
Defense: MF (“psychological vomit”
. Geffner’s 2-tests for trauma muddle. The DT’s subliminal suggestions throughout that JA snapped.
State: JM- a premeditated especially cruel murder. DeMarte- Geffner tests improperly administered
9. Arias’s psychological makeup impaired her ability to cope with the tumultuous relationship she had with Travis Alexander.
Defense: Same as emotional abuse mitigator content. Acceptance of BPD. MF and JA (prior abuse). Geffner- PTSD resulting from childhood abuse and abuse by BF’s.
ACCEPTANCE OF JA’S WORD, INTERPRETATION OF HER ACTIONS AFTER THE MURDER, INTERPRETATION OF THE DT’S MITIGATION CASE, A THOUSAND INTANGIBLES
4. Arias is remorseful for killing Alexander
