Retrial for Sentencing of Jodi Arias - Day 7

[~Lyric~]

:coffeecup:

Morning~~

So how many really doesn't think it's CMJA being the witness? Before the weekend I thought it just very well, might be her. Then I thought, why would she be the one. Could it be her sister, brother, father?

Today, I am not so sure it is her.

She likes for all her minions to tell her, what is being said about her. She just likes the limelight to dang much. Even tho, she doesn't want images of her in her prison garb.

She likes for people to know she can and will go toe to toe with Juan.

I just want what is best to keep this penalty phase going, so Travis and his Family will finally have true Justice.

 

[wenwe4]

FYI,

Posters never have to "mark their spot." There is a handy dandy feature on this platform that allows you to go right to the first unread post of whatever forum you are subscribed to and want to read. Learn the basics of using the forum software and you'll feel the powah!

I hadn't subscribed to this thread yet - hence the mark so I could "feel the powah!".

 

[hindsight2020]

Michael Kiefer ‏@michaelbkiefer 49s49 seconds ago
Judge Stephens just told the #JodiArias jury to return at 1:15 because the lawyers need to attend the Appeals Court hearing. C U later.

Chris Williams ‏@chriswnews 35s35 seconds ago
The appeals court hearing RE: sealed #JodiArias courtroom takes place @ 11am. Media will be observing via phone. More to come...

Wild About Trial ‏@WildAboutTrial 1m1 minute ago
TA family and prosecution just walked out of the courtroom and went to the elevators. Jurors have to be back here at 1:15. #jodiarias

Wild About Trial ‏@WildAboutTrial 1m1 minute ago
Both defense and pros. are heading over to the court of appeals hearing. #jodiarias

Wild About Trial ‏@WildAboutTrial 39s40 seconds ago
Jurors are still coming out. Don't see much emotion on their faces. Some were smiling. #JodiArias

 

[dog.gone.cute]

From WAT:

Wild About Trial @WildAboutTrial · 20s 21 seconds ago


TA family and prosecution just walked out of the courtroom and went to the elevators. Jurors have to be back here at 1:15. #jodiarias

 

[MeeBee]

It is anti-climactic because whether she gets the DP or not, the outcome is the same:

- going to the same prison
- living in the same size cell
- will spend the rest of her life there, and it will be without any chance of parole

The only difference will be if her appeals are paid for by the state or not. If she gets the DP it will be paid for by the state. If not, she'll have to fund those herself.

Either way here's the actual outcome: she will spend the rest of her life at Perryville and will not be executed, even if she is given a DP sentence.

I guess if one is following this case for entertainment purposes and are expecting a climactic ending, they will be disappointed. Most of us here just want to see it through. I'm expecting what I've always been expecting: closure.

A death penalty verdict will not be cause for celebration for me. It's a tragedy all they way around, the loss of life and the waste of life.

 

[Madeleine74]

I hadn't subscribed to this thread yet - hence the mark so I could "feel the powah!".

There's even a setting that will automatically subscribe you to threads if you post in them. But even if you're not subscribed to a thread the forum software is smart enough to mark your place for you and there is also an easy way to go to the first post not yet read.

 

[MeeBee]

@TrialDiariesJ: Lawyers need to be at the appeals hearing so #jodiarias is postponed till 1:15pm MST

 

[dog.gone.cute]

From WAT:

Wild About Trial @WildAboutTrial · 39s 39 seconds ago


Both defense and pros. are heading over to the court of appeals hearing. #jodiarias

 

[dog.gone.cute]

Question:

Does anyone know IF the media will be allowed to tweet from the Court of Appeals Hearing ?

Thanks !

 

[wenwe4]

Honestly, I have been thinking all weekend about the "leaked" reports of JA being on the stand as the super secret witness. Where did all of the reports come from because after reading the "vent" room posts - those folks will say and do anything to harm others or try and put blatent lies out to hurt anyone who might be supporting Travis. Could this all be just a "hoax" from those folks?

 

[dog.gone.cute]

From WAT:

Wild About Trial @WildAboutTrial · 32s 32 seconds ago


Jurors are still coming out. Don't see much emotion on their faces. Some were smiling. #JodiArias


-----------

Smiling, huh ? Yeah, they know WHO the secret witness was !

 

[MeeBee]

Honestly, I have been thinking all weekend about the "leaked" reports of JA being on the stand as the super secret witness. Where did all of the reports come from because after reading the "vent" room posts - those folks will say and do anything to harm others or try and put blatent lies out to hurt anyone who might be supporting Travis. Could this all be just a "hoax" from those folks?

Troy Hayden says he got it from some credible sources that the door opened and they could see her on the stand.

 

[RadarLuv]

From WAT:

Wild About Trial @WildAboutTrial · 20s 21 seconds ago


TA family and prosecution just walked out of the courtroom and went to the elevators. Jurors have to be back here at 1:15. #jodiarias

It's not even 10am....

 

[oceanblueeyes]

Just guessing but with anti-DP sentiment there may be groups with private funding that will take her case pro-bono, so she won't need her own money. Again, just a guess.

That is the way it usually happens. If the first appeal is a bust for her then there will be lawyers who will work on the case pro-bono when they have the time. That is why it takes such a long time for appeals.

IMO

 

[Boytwnmom]

that issue was already ruled on in the decision limiting the coverage of this sentencing portion. The current issues involves closing the courtoom to all but the parties and the victims family to accommodate a witness. That is a completely different issue than what is covered in Rule 122. Electronic and Photographic Coverage of Public Judicial Proceedings.

The decision to conduct any part of a criminal trial in private is a much more extreme decision than the one limiting video coverage of the trial. The public nature of a trial is in the AZ constitution:

11. Administration of justice

Section 11. Justice in all cases shall be administered openly, and without unnecessary delay.

The rule relied upon by the Judge would be Rule 9.3 (b) which covers completely closing the trial and is not specifically related to witness testimony. This would mroe cover all the various closed door hearings the Judge has conducted during all parts of this trial. Normally, witness issues would be dealt with under (c) which "protects" a witness by closing the proceeding to the public but not the press. But here it is closed to all so has to be under (b) and she would have had to find that (c) would not be adequate to deal with this witness.

Rule 9.3. Exclusion of witnesses and spectators

a. Witnesses. The court may, and at the request of either party shall, exclude prospective witnesses from the courtroom during opening statements and the testimony of other witnesses. The court shall also direct them not to communicate with each other until all have testified. If the court finds that a party's claim that a person is a prospective witness is not made in good faith, the person shall not be excluded from the courtroom. Once a witness has testified on direct examination and has been made available to all parties for cross-examination, the witness shall be allowed to remain in the courtroom unless the court finds, upon application of a party or witness, that the presence of the witness would be prejudicial to a fair trial. Notwithstanding the foregoing, the victim, as defined in Rule 39a, Rules of Criminal Procedure, shall have the right to be present at all proceedings at which the defendant has such right.

b. Spectators. All proceedings shall be open to the public, including representatives of the news media, unless the court finds, upon application of the defendant, that an open proceeding presents a clear and present danger to the defendant's right to a fair trial by an impartial jury. A complete record of any closed proceedings shall be kept and made available to the public following the completion of trial or disposition of the case without trial.

c. Protection of witness. The court may, in its discretion, exclude all spectators except representatives of the press during the testimony of a witness whenever reasonably necessary to prevent embarrassment or emotional disturbance of the witness.

d. Investigator. If an exclusion order is entered, both the defendant and the prosecutor shall nevertheless be entitled to the presence of one investigator at counsel table.

Since the Judge made no real findings in open court everyone is left to speculate as to the precise circumstances invovled here. Presumably, she found that the defendants right to a fair trial would be in danger if she didn't accommodate the witness who allegedly refused to testify unless it was in a closed, private courtroom. This is at odds with the ability of the court to compel a witness (the AZ constitution provides the defendant wiht the right to compel witness testimony

24. Rights of accused in criminal prosecutions
Section 24. In criminal prosecutions, the accused shall have the right to appear and defend in person, and by counsel, to demand the nature and cause of the accusation against him, to have a copy thereof, to testify in his own behalf, to meet the witnesses against him face to face, to have compulsory process to compel the attendance of witnesses in his own behalf,...

).

As I believe AZ said, the only way this makes any sense is if the witness was physically outside the jurisdiction and testifying electronically and thus outside the jurisdcition of the court as once the witness physically appears in the courtroom in AZ, the court would have jurisdiction over him/her. It is impossible to determine how compelling an argument was made since the Judge heard the matter in private. This Judge is definitely big on private. The Appellate court and then perhaps the AZ S CT will determine whether it was appropriate in this case. We can only watch and wonder. This too shall end even if it seems it never will....

Good information. The important parts to me is what I bolded and is indicates the judge MAY allow coverage OR MAY NOT. It seems that the judge would be required to provide reasons for their decisions based on case law and I will be interested in seeing the reasons for her decisions. I will also be interested in seeing the reasons the appelate court provides in any decisions they make about this.

My guess is that the defense did not provide a compelling argument to kick out all coverage of the trial. Just because JA wants to lie in private so nobody can catch her in her lies is not reason enough IMO.

 

[Zuri]

Does JSS go to the Appeals Court as well, since it was her decision?

How does an Appeals Court overturn a sitting judge's order, when they are not there?

Did JSS anticipate this would happen when she ruled on the closed court issue? TIA.

 

[hindsight2020]

Beth Karas ‏@BethKaras 5m5 minutes ago
The #jodiarias trial is on hold for half a day. The attorneys must appear in the Court of Appeas in an hour.

Dave Erickson ‏@ericksonvision 5m5 minutes ago
Here's the deal. Appellate court is hearing the motion filed by media lawyers to open #JodiArias court. Martinez, Nurmi et al must attend

 

[oceanblueeyes]

I guess if one is following this case for entertainment purposes and are expecting a climactic ending, they will be disappointed. Most of us here just want to see it through. I'm expecting what I've always been expecting: closure.

A death penalty verdict will not be cause for celebration for me. It's a tragedy all they way around, the loss of life and the waste of life.

I think it will be. It will be a victory for Travis' family.

I don't think anyone will be celebrating but will think finally justice is done after his family waiting 6 years for this moment.

I don't think anyone considers this case as entertainment.

I want what the Alexanders want and they certainly aren't in this for the entertainment.

JAs loss of life (should it happen) is no concern to me. That may be harsh but that is honestly how I feel.

 

[dog.gone.cute]

Does JSS go to the Appeals Court as well, since it was her decision?

How does an Appeals Court overturn a sitting judge's order, when they are not there?

Did JSS anticipate this would happen when she ruled on the closed court issue? TIA.

:seeya: IANAL and not an expert, but NO, JSS does not go.

 

[hindsight2020]

That is the way it usually happens. If the first appeal is a bust for her then there will be lawyers who will work on the case pro-bono when they have the time. That is why it takes such a long time for appeals.

IMO

Appeals do take a long time, Scott Peterson was sentenced to death on 2004 and his appeal was filed on 2012, 8 years later, it may be different in other jurisdictions but this is one example.