Retrial for Sentencing of Jodi Arias - Day 5

[AZlawyer]

Upon reflection, the fact that so many of you failed to see the relevance of the victim-bashing and saw it as vindictiveness suggests that the jury might feel the same way. It's never good to have a theme in a jury trial that only a trained litigator can identify lol.

 

[TrialWatcher]

Can we please stop bashing the judge for "allowing" questions that she has no choice but to allow? It is not the judge's fault that JA/Nurmi chose victim-bashing as part of their theory of the case and she does not have any right to stop them from doing it.

The point of these questions IMO is to show that Jodi and Travis had a "secret," twisted relationship totally in conflict with Mormonism, which created this huge tension and feelings of "debasement" for Jodi, and that Travis helped set up that situation. The jury is supposed to think that, combined with Jodi's mental illness, this stressful situation pushed her over the edge into premeditated cruel murder. Voila! Mitigation!

IMO this ain't gonna work. But JSS has to let them try even if it makes her puke.

Normally, the client is in charge of the "facts" and the goals, and the lawyer is in charge of getting from here to there. But IMO the strategy of linking up the sex facts to the goal of a life sentence was probably Nurmi's, based on his experience in that area.

As distasteful, outrageous and wicked as this line of defense is, I agree that JSS has had to allow it. Nurmi is trying to build mitigating factors, layering them around Mormonism and sex. It won't work. I agree there too. It is using Nurmi's expertise but the original mitigation stage didn't employ these tactics to the same degree. Arias stated in the interview before the mitigation phase that Kirk Nurmi has stated she had no mitigating factors. Someone or circumstance/desperation have forced him to ramp up the deviant sex strategy here. It is an area he appears to have expertise in, from the perspective of defending sex offenders.

Judge Sherry Stephens is an outstanding judge, from my perspective. The torturously slow pace frustrates me but if she is building a solid foundation from which future appeals will be rejected - that might serve everyone supporting his family and friends in future. A necessary evil? Soon enough, I may be proven wrong but my feeling is that JSS will use the opportunity on sentencing to express very full and clear condemnation of Arias and her antics. I suspect Nurmi and JSS despise Arias as much as the next person. They have jobs to do though.

 

[krkrjx]

Okay. Yes. She needs to exert more control over her courtroom. She also needs transparency and not all the closed door hearings in which SHE LOOKS FAVORABLE TO THE DEFENSE. That's my opinion.

BBM: It's mine, too, and apparently is the opinion of many others here as well. And if so many of us see it like this, is it reasonable to be concerned that some jurors see it too? Jurors are just people; there is nothing special about a juror that gives them insight into judicial temperament, or lack thereof. JMO.

 

[MeeBee]

As distasteful, outrageous and wicked as this line of defense is, I agree that JSS has had to allow it. Nurmi is trying to build mitigating factors, layering them around Mormonism and sex. It won't work. I agree there too. It is using Nurmi's expertise but the original mitigation stage didn't employ these tactics to the same degree. Arias stated in the interview before the mitigation phase that Kirk Nurmi has stated she had no mitigating factors. Someone or circumstance/desperation have forced him to ramp up the deviant sex strategy here. It is an area he appears to have expertise in, from the perspective of defending sex offenders.

Judge Sherry Stephens is an outstanding judge, from my perspective. The torturously slow pace frustrates me but if she is building a solid foundation from which future appeals will be rejected - that might serve everyone supporting his family and friends in future. A necessary evil? Soon enough, I may be proven wrong but my feeling is that JSS will use the opportunity on sentencing to express very full and clear condemnation of Arias and her antics. I suspect Nurmi and JSS despise Arias as much as the next person. They have jobs to do though.

BBM: this is a moment I'm most looking forward to. I can't wait for her words at sentencing.

 

[ILikeToBendPages]

Honestly, I think JA wanted to be TA's girl so badly that she did everything to make it seem that they were a couple. When he would not embrace the relationship she really wanted with him (wife), she set out to keep in his life to remain his dirty sex secret - because she at least knew she was "wanted" during those moments. As soon as the "lovemaking" was over and TA went on about his daily tasks and life adventures (that JA was not included) - she went bat ***** crazy and set about planning not only the murder but also the threat of smearing his good reputation - as that was what was most precious.

She has a pattern of behaviors that she would immerse herself into his life using whatever means necessary. It would not surprise me one iota that she picked up his cellphone and sent love messages to herself - so she could brag that TA is in a relationship with her, should anyof the friends question her.

Do you remember her letter to him that was read last year? She wanted to be recognized in his book, and he didn't? I think that is where she spoke of kicking in walls hitting others etc. anyway, another thing for Jodi to be pissed about. Also we wenwe4 Jodi was still in Mesa in March. She moved back to Yreka in April, after kicking her mother, and destroying Travis's BMW.

 

[neesaki]

I am really glad there is no court tomorrow. It's my birthday and I would like a day in which I am calm and not thinking of this trial. . And I think Thursday is a good day to find something else to do, because I am sure that will be when Nurmi slimes Travis some more.

With you on the no court tomorrow, I have to admit I didn't get much done today. :facepalm:

And, wishing you an Exceptionally Happy Birthday, Curious !!! :bdsong:

 

[Miss Judy]

Re: those juror questions that some think indicate doubt re: guilt or innocence:

She's been convicted of 1st Degree Premeditated Murder but she still denies it. And although told not to ponder guilt vs innocence, it would still help towards securing a Death Penalty verdict if the jury knew for themselves outright that she was lying about the "attack". They're only human. They're going to wonder, regardless of what they've been told. They'd feel more inclined to give the DP if they were confident that she really was lying about her "mitigating factors."

So maybe those juror questions about the roommates are because they're assuming that if Jodi knew that others were in the house when she was "attacked," she surely would have called for help. Hell, if some naked, furious Mormon linebacker was after me (and there was actually already a history of abuse), I'd have been yelling for help. Screaming, regardless of whether I thought someone else was in the house.

The questions about her pants and blood stains in the car...well, no to both maybe means that she cleaned up. Not knowing where she cleaned up sounds like she was really careful about it, not frantic or sloppy. Certainly not indicative of a poor, traumatized girl who's just been attacked and had to fight for her life.

At least that's what I hope they're doing.

BTW, O.T., that Gray Hughes guy on YouTube made a new vid recreating the crime from Jodi's point of view that REALLY illustrates how ridiculous her self-defense scenario is. (Gray Hughes is the guy who does the computer generated recreations of the crime scene and the photos. I don't agree with all of his points of view, but he does seem pro-prosecution.)

 

[elementary]

BBM: this is a moment I'm most looking forward to. I can't wait for her words at sentencing.

Given JSS's reticence in the past, I can't imagine fireworks but do wish for them. i hope that we are not disappointed.

 

[LinasK]

I'm worried sick that if the jury hangs on this, and Judge Stephens ends up sentencing her, she will give her life with the chance of parole. This judge seems to actually sympathize with Jodi and Nurmi, and for the life of me I can't figure out why that would be.

BBM. I don't think so. The judge sees Jodi for what she is. She's just doing her job and minimizing the chances for appeal. I think she'd give her LWOP.

 

[TrialWatcher]

Exactly my take on it, too. I never understood why anyone thought the sex tape was so imporant and why it is being played again. Or for that matter, during the guilt phase (and even after) when NG and JVM ran out of material they played the sex tape over and over...parts of it, that is, given it was on air.

They were a couple engaged in sexual behavior, apparently including phone sex. It is no big deal. It is something many couples do. When people do this kind of thing, they say things but it's play-acting, basically. They say what they know the other party wants to hear because that is the turn-on.

This was two people on the phone who knew each other and had probably had phone sex many, many times before. (Not usually taped without the other party's consent, but that is for a different post.) In that context there is nothing in the conversation that I would not expect to hear--it sounds to me to be their preferred dialogue for phone sex and as such is not shocking in the least.

My God I wish Nurmi would move past this because the only reason he insists on dwelling is because he is still trying so hard to sully the victim. The jury will see that, I believe. But still, why not just get on with whatever mitigation they have and let Travis rest in peace for crying out loud!

All JMO.

Your points are great, I agree with you, especially on the phone sex nonsense. Yet there is something else worth considering - the impact of those tapes on new ears. I knew very little of this case when I started watching the trial. I was shocked by the phone recording - not the dull sex but the hypocrisy element from both participants. Also, Travis doesn't sound like Prince Charming to a new listener without knowledge of him or the trial. He sounded bored, tired and judgemental. This was not Travis at his best and Arias hoped others would feel this. She planned it, taped it to catch him out.

It took the brilliant Juan Martinez to paint a picture of Travis that added colour to the black and white portrait the defense tried to paint. And he succeeded. Arias' produced a tape that scuppered her own case. It was ultimately more harmful to her than Travis. Juan exposed her smug, lying, arrogant demeanor on the stand. The impact of the recording faded in regard to Travis. He emerged as a loved, warm, decent human being with not a shred of evdence to back her revolting lies. Juan showed that Arias was the monster and Travis the innocent victim of a savage slaughter.

 

[Quester]

https://twitter.com/WildAboutTrial

Is it just me or do others also believe animal print anything seems like a really, really bad choice when your daughter has been convicted of a savage murder?

 

[Wagara]

BBM--yes. We should all thank God we don't know her.

The judge cannot disallow evidence just because there is no "corroborating" evidence. If Jodi says something, that is evidence. The judge can't require corroboration before the jury is allowed to hear this evidence.

Thank you AZ for this. This explaination brings clarity to me on this subject. I might not like it but now I understand.

 

[MeeBee]

Given JSS's reticence in the past, I can't imagine fireworks but do wish for them. i hope that we are not disappointed.

I don't expect fireworks either. But I don't think she'll disappoint.

 

[TartLemon]

Upon reflection, the fact that so many of you failed to see the relevance of the victim-bashing and saw it as vindictiveness suggests that the jury might feel the same way. It's never good to have a theme in a jury trial that only a trained litigator can identify lol.

AZLawyer, I understand your point and have posted the same numerous times.

ETA... I'm no attorney

 

[Sedonia Sunset]

From WAT:
Nurmi has on a bright salmon tie as well, a little more reddish salmon. Nice pattern. We wait. #JodiArias

Maybe his tie is spawning

I used to go to a doctor who ALWAYS wore fish ties to work. The ties were actual replicas of fish, such as salmon, trout, etc. I think he even had a clown-fish tie.

 

[TartLemon]

I haven't read much about the trial Monday or Tuesday.

Is Jodi scheduled to testify?

 

[Madeleine74]

AZLawyer, I am just so happy you're here and providing your wisdom, knowledge and guidance. Thank you very much!

 

[LinasK]

I thought the stain in the car was said to look like Koolaid or something along those lines. This, I thought, came from the man that worked at the car rental company.

I thought so too, also weren't the floor mats missing???:waitasec:

 

[Wagara]

I think she brought out handheld shower-head out of the shower and cleaned herself up. That's how the linen closet got flooded.

This is why I couldnt be a detective...I never thought of that.

 

[Sedonia Sunset]

Nurmi refers to this as "the incident" and Arias says "when Travis passed".

That's how OJ referred to the slaughter of his ex-wife and her friend. He would say "When Nicole passed ..."