Retrial for Sentencing of Jodi Arias - Day 6 - Part 3

[Tiki]

Michael Kiefer @michaelbkiefer · Oct 30
Stephens trying to boot press. Does this mean #JodiArias was going to be next witness? Just a guess.

MK tweeted this before the press was kicked out - good guess, huh? It's why I'm suspicious of him. JMO

 

[krkrjx]

Right before they were kicked out, Sandy Arias was in the side room with Jodi and that's when Jodi came back with the blazer on. Whatever was happening, or going to happen, Mama Sue was prepared for it by the defense.

This is precisely what made me think the secret testimony was to be something not at all nice about the killer's family. Maybe it was the killer herself to say it, or maybe her sister or one of her brothers. But if such abuse is to be claimed I have no doubt it was "cleared" with the family beforehand and they agreed, but only because she has no mitigating factors other than abuse--if it can be portrayed to have been the worst of the worst. IMO

 

[Ricki]

If someone can go to the twitter and search for JA there is a post from Justus Forusall posted 10/30 at 9:09pm saying he is beating out of this town and flying back home tomorrow.

I do not know how to bring it here.

 

[lilyet]

Exactly, why now is it imperative for her to testify behind closed doors, when she has been so in everybody's faces forever? What could she possibly have to say that, if made public, would jeopardize her case?

I can only imagine. But after 18 days on the stand, television interviews, three different stories to Cops, and so and so on of all her spewing all sorts of stories, lies and such in the passing years since she killed Travis I sure she can or will , or has, come up with something good. She really is so calculating , so very calculating and plays everyone against each other, the focus ends up on issues other than should she get DP or Lwop. Smoke and mirrors.

 

[rose222]

The more I think about JSS ruling as she did, hoping an appeal would reverse her decision, the more plausible it seems. But, that tells me then, she doesn't have the stomach for the job. As judge, it's her courtroom. She has to be able to make the tough calls. I'm not seeing that, imo.

If that is the case then how is she going to sentence Arias to life in prison without parole? Can she sentence a younger woman to spend the rest of her life behind bars? I sure hope so.

 

[daisydomino]

Michael Kiefer @michaelbkiefer · Oct 30
Stephens trying to boot press. Does this mean #JodiArias was going to be next witness? Just a guess.

MK tweeted this before the press was kicked out - good guess, huh? It's why I'm suspicious of him. JMO

Beth Karas asserted the same guess around that same time. Lots of people did.

 

[LambChop]

Inferring from timeline...If the 12:57 time fell during first recess and the poster was actually there and on their way back in (or mimicking someone who was there) , only MDL was unaccounted for from counsel and both families.

Haven't tried yet to track Kiefer during that recess. Will also look more closely at whereabouts during the second recess, in case the 12:57 fell in there. Might well have.

Katiecoolady on the last Retrial thread, post #278 can answer your question. She posted that she has been going back and forth with this person on tweeter all last week asking them if they were in the courtroom without them answering her. Katie believes they were so if this is true the time would be Arizona time.

http://www.websleuths.com/forums/sh...r-Sentencing-of-Jodi-Arias-Day-6-Part-2/page6

 

[Love Never Fails]

The Michael Kiefer conspiracy theory is a joke, right? It's definitely not fact. You may not agree with his stance on the death penalty and his dislike for Juan Martinez, but this does not mean that he is pro-Jodi or that he is trying to change the outcome of this trial. He and Jeff Gold both Tweeted links to Troy Hayden's piece on Fox 10 Phoenix after Troy Hayden revealed the "secret witness." Troy Hayden was the one with "3 sources."

I don't think Troy Hayden is secretly JAII or anything, either.

MOO IMO etc.

Troy Hayden was only reporting. I think he is quite honest.
Keifer is a whole other story. Said very unkind remarks about TA in front of others during first trial, is very pro Jodi. And no. This is NO JOKE.
So he links to other reporters. Covering up his own actions much?

Did you think he or Maria would come out and say what they are doing?
Have you read all the tweets and facts about what Maria is doing behind the scenes on the pro Jodi websites? In a fair world, she would be charged with obstruction. However as Rose 222 has said, after the Florida case, you lose faith in "justice".

Keifer can be anti DP all he wants. He can even hate JM, although since he is a reporter you would think he would want to be fair and unbiased. But to make disparaging remarks about a victim in a courtroom for all to hear? I draw the line there. This is a victim friendly site.

 

[dog.gone.cute]

IMO I think Juan had the Alexander's do their VIS knowing that this next mystery witness would be asking to have the courtroom closed. What does that look like to the jury?

:seeya: Hello and Welcome !

:welcome:

 

[krkrjx]

The Michael Kiefer conspiracy theory is a joke, right? It's definitely not fact. You may not agree with his stance on the death penalty and his dislike for Juan Martinez, but this does not mean that he is pro-Jodi or that he is trying to change the outcome of this trial. He and Jeff Gold both Tweeted links to Troy Hayden's piece on Fox 10 Phoenix after Troy Hayden revealed the "secret witness." Troy Hayden was the one with "3 sources."

I don't think Troy Hayden is secretly JAII or anything, either.

MOO IMO etc.

Correct about Kiefer conspiracy being speculation. We really do not know yet who did what.

 

[LinasK]

Exactly, why now is it imperative for her to testify behind closed doors, when she has been so in everybody's faces forever? What could she possibly have to say that, if made public, would jeopardize her case?

Started to post and I lost it: Lies that go even lower than previously. It has to be abuse lies about Travis or her family. Jodi doesn't want to lie in front of her family, so she kicked them out after warning Sandy. Cindy & George Anthony knew in advance that Casey's defense was going to trash them and they were okay with it. The secrecy gives Jodi even more power, and then after the leak, they will cry mistrial.

 

[Bernina]

If someone can go to the twitter and search for JA there is a post from Justus Forusall posted 10/30 at 9:09pm saying he is beating out of this town and flying back home tomorrow.

I do not know how to bring it here.

 

[LinasK]

If that is the case then how is she going to sentence Arias to life in prison without parole? Can she sentence a younger woman to spend the rest of her life behind bars? I sure hope so.

Why not to both questions??? Why wouldn't she???

 

[Steve44]

I keep wondering why Nurmi said if the court is open for this witness, the defense attorneys would be scrutinized for years to come. What is he afraid of? Any ideas?

He didn't say that. He said if JA gets the DP that would take place, as it would in any DP conviction. I don't think he was implying this is all about him, either, I think what he was saying is if JSS goes back on her ruling, or it's reversed in appeal, those doing so better be very sure this won't lead to a mistrial, particularly if she gets the DP, at any time in the future, be it 5, 10, or 20 years hence.

We all know the DP is controversial, and there is an entire industry and faction of the legal community that is devoted to abolishing it, and reversing all current convictions. Perhaps this is as it should be, but in this DP case I believe JSS is doing all she can to see that if JA does get the DP that there is nothing anyone can do, now or in 20 years, that will reverse it. I think this explains her extreme actions in giving the defense most of whatever they ask for.

 

[krkrjx]

All I can say is if the courtroom was not ordered "closed" for the showing of the Jodi photos :shame: whatever was to go down now has to be huge. I am finding it difficult to imagine too much that is more sensitive in nature than those photos and if there was in reality no such sensitive testimony, I can only suspect this whole issue to be another shenanigan--designed to manipulate and control at best, and to force someone into breaking some court-imposed order to the point of mistrial at worst.

Dear Appeals Court--Please squash the whole secret testimony issue into complete nothingness...and please do it first thing Monday morning. Thank you in advance.

 

[dog.gone.cute]

I keep wondering why Nurmi said if the court is open for this witness, the defense attorneys would be scrutinized for years to come. What is he afraid of? Any ideas?

:seeya:

Nurmi and Wilmott have been scrutinized since day 1 of the trial ... I can't remember how much he was scrutinized before the trial actually began -- but I'm sure there was some scrutiny!

He needs to understand that "scrutiny" is inevitable when you are a defense attorney -- ESPECIALLY in a high profile case like this one.

JMO but there is no way that CMJA could argue "ineffective counsel" for Nurmi -- especially convincing JSS to clear the courtroom for a secret witness, who is a CONVICTED MURDERER ! Absolutely outrageous !

This case WILL BE scrutinized for years to come -- especially IF the appellate court goes along with JSS -- but I don't think they will ... talk about opening up a "can of worms" !

He's just "whining" ... he needs to put on his "big boy pants" and suck it up !

JMO and :moo:

 

[AZlawyer]

AZL, I have another question. There was a poll just released by one of the media outlets that said 96% of the people who voted would vote for death for JA. Could she have used that against the media being excluded because she felt they might have an influence on what the jury might hear outside of court? She clearly has no intentions of ever telling the truth as far as what motivated her to kill Travis.

The jury was instructed to avoid media for this very reason. The defense might have used this argument, but I hope JSS would not accept it.

That would take the death penalty off the table, and Judge Stephens would sentence her with LWOP or LWP. Maybe this is Nurmi and Wilmonts plan to keep her of death row?

Actually, a mistrial would not automatically take the DP off the table. It depends on the reason for the mistrial and who caused it.

AZL, I need your help please.

In this phase would Arias be on the stand testifying as a witness or would she do like last time and stand in front of the jury?


TIA

She could do either or both. Or neither.

The door bumper said she/he saw Arias testifying. Of course, that could be just a broad general observation covering both Arias on the stand or Arias standing & allocuting. If she was allocuting, it is out of the order in which witnesses are called but then the VIS were early too.

The VIS were not early. They were done at the normal time.

Thanks, Lamb Chop!

Okay, so I haven't been tossed any ideas specific to how to overcome the nasty challenge issued by HON Sherry Stephens,,, but I have arrived at the best solution for me ( different preferences will yield mixed agreement): Daily Trial Transcripts,,,, is there a way we can obtain the prior day's transcript? Even if there is a two day lag ( internal edit, unthinkable redaction, etc),,,

I am sure HON Sherry Stephens will win this one, too, as I am sure she zapped this option up in flames and watched it burn to the ground, taking with it any and all hopes of many...as we to try and gain/obtain some simulacrum of observation relating to what the hell is going on down there HON Sorry Stephens, (jmo), I am so sad.

Please let me know if the transcripts are stored in HON Sorry Stephens; lock box,,,, or if there is a normal component to this trial.

Your admirer - always.
The Gajonka

The court recording of the proceedings was sealed along with everything else.

How does Aunt Sue know the leak is correct if the family wasn't even told who was testifying? Very interesting wording on her part. There is no way IMO that the Alexander's leaked this. They have nothing to gain by it, and so much to loose. Interesting that Aunt Sue says the defense team wouldn't tell them, but she doesn't clear Jodi as being the leak. Very telling Aunt Sue.

I don't know--I think maybe Sue still has no idea but has not considered the possibility of the leak being incorrect.

Is aunt sue even allowed to be discussing this case in social media if she's an alleged defense witness? Not saying she is going to be a witness but if she is and is making comments about the case isn't that against the rules?

If nothing else it eliminates her as a witness.

No, she could still be a witness. I haven't heard anything about a gag order on witnesses.

Wait, where was it reported that Det. Flores was in the court room during the testimony? I don't remember seeing that.

He should have been. He's the representative of the "State of Arizona" in the courtroom, therefore a party to the case.

I think they will reverse the decision and let media and public in. My question is what happens after that? Will the defense appeal the appeal? Can and will this go all the way to the AZ Supreme Court? Mistrial?

Yes, but the AZ Supreme Court doesn't have to take the case and often lets you know in less than a day if they've decided not to.

 

[Tuba]

Please pardon the interruption in this train of inquiry. Think of it as a coffee break. Back when Jury I was given its first speaking introduction to the defendant, Nurmi asked her if she had killed Mr. Alexander & immediately asked her why. She replied, "The simple answer is that he attacked me." I backed up ten feet and have never fully recovered. Who talks like that!? Mrs. Porter, why are you asking for an amber alert?--The simple answer is, my daughter went missing. Mr. Marquet, what happened here?--The simple answer is the car drove through my front room. Laurie Gibbons, how did he rob you, at gun point?--The simple answer is he shot me.

Arias on the stand pulled her fore lip down and closed her back teeth, to utter her "simple answer". Her mouth wouldn't open at the hinges. It was like a weight machine spitting out a number from a slot. How did the jury take this? Did it sink in like refuse to the bottom, as it has with me? For her it was an imitative behavioral exercise with zero connection to truth or falsity, memory or emotion, just Do This. Could this possibly convince anyone? Her interlocutor, Kirk Nurmi? Any juror, 1-18? To think it would, is offensive. Unacceptable testimony, dissembling at its phoniest, patently counterfeit. But on they went, while many gagged.

Now, she's at it again, urged on by her own will, face to face with a fresh jury, fueled by hitherto unrevealed fabrications. We don't know how much of her psychodrama is prodded by questions from Nurmi or Willmott, how much of it a narrative she totally controls. The serum of truth will not be in play. That we know, and she is an extremely poor actress.

 

[Nali87]

He didn't say that. He said if JA gets the DP that would take place, as it would in any DP conviction. I don't think he was implying this is all about him, either, I think what he was saying is if JSS goes back on her ruling, or it's reversed in appeal, those doing so better be very sure this won't lead to a mistrial, particularly if she gets the DP, at any time in the future, be it 5, 10, or 20 years hence.

We all know the DP is controversial, and there is an entire industry and faction of the legal community that is devoted to abolishing it, and reversing all current convictions. Perhaps this is as it should be, but in this DP case I believe JSS is doing all she can to see that if JA does get the DP that there is nothing anyone can do, now or in 20 years, that will reverse it. I think this explains her extreme actions in giving the defense most of whatever they ask for.

I understand. But by giving the defense most of whatever they ask for, she might be deciding the outcome of this trial - and in favor of the DT. I worry about the effect of this closed-courtroom on the jury.

 

[Quester]

I will say this ...

This whole secret witness business sure cut short any lingering thought about the heartrending VIS by TA's siblings, or at least as much as the DT could hope to do and with regard to the public at large.

I wonder if the drama, of clearing the courtroom, had the same/similar effect on the jury, who after all are the important ones who are charged with deciding JA's punishment?