RickshawFan
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There was a rumor that AC was getting installed at PV this summer. Maybe it isn't yet summer in Phoenix.....
Sentencing and beyond- JA General Discussion #7
- Thread starter Coldpizza
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There was a rumor that AC was getting installed at PV this summer. Maybe it isn't yet summer in Phoenix.....
LinasK
Verified insider- Mark Dribin case
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Oh it is. The heat starts there by Memorial Day Weekend.:hot::hot::desert::desert::desert:
franquerolane
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The pod is in has a new swamp cooler. When the dew point reaches 50% during monsoons, it will be inefective. I know, we live in arizona.
RickshawFan
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I was thinking something like "This is only the beginning of SIZZLE......" And maybe by "summer AC install", PV means Labor Day?
LinasK
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Yeah, let's hope this is the AZDOC's point of view. Welcome to H*ll Jodi! You got your wish of never having to move ever again and getting to live in Arizona for the rest of your life.
salberg7
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For what it's worth I do think Juan meant it would be overturned on appeal in real time, meaning during the trial, as he knew the decision was incorrect then and there and the media were going to appeal to keep the courtroom open and would win based on the First Amendment.
I am so pleased the killer didn't get the Death Penalty at this point. The thought of years of appeals and legal wrangling for such a clearly guilty convicted murderer would be most undesirable for Travis' family and a waste of resources for the State of Arizona. We just had a defendant convicted near me in Virginia that attacked a couple on a morning walk. The defendant killed the husband and the wife survived, albeit disabled. That victim and her daughter decided to accept a plea bargain offered by the defendant for LWOP vs going to trial for a possible Death sentence because the victims did not want to have to see the case through endless hearings and death penalty appeals. After the Alexander trial, I concur with their decision. The crime took place in Virginia, a state that adheres to and carries out the death penalty. I am certain the defendent was well aware of this as well.
I am so pleased the killer didn't get the Death Penalty at this point. The thought of years of appeals and legal wrangling for such a clearly guilty convicted murderer would be most undesirable for Travis' family and a waste of resources for the State of Arizona. We just had a defendant convicted near me in Virginia that attacked a couple on a morning walk. The defendant killed the husband and the wife survived, albeit disabled. That victim and her daughter decided to accept a plea bargain offered by the defendant for LWOP vs going to trial for a possible Death sentence because the victims did not want to have to see the case through endless hearings and death penalty appeals. After the Alexander trial, I concur with their decision. The crime took place in Virginia, a state that adheres to and carries out the death penalty. I am certain the defendent was well aware of this as well.
RickshawFan
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Can you imagine being told you were going to be provided with a brand new useless swamp cooler? This is as an even better gotcha than the supreme privilege of being able to order up beano and hemarrhoid cream.
On that matter......has ordered up any lately, or was some of her commissary privilege removed when she was demoted?
I think it's very telling how different ' prison trajectory has been from DeVault's......
RickshawFan
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And having rent paid for? What's not to like?
TexMex
Punishment is justice for the unjust.
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:bdsong: to you TexMex
:confetti:
:cupcake:
arty:
Thanks!
I'm in Houston today. My sons and I are going to the Copa America soccer match at NRG stadium tonight. USA v Argentina
Happy Birthday TexMex. Enjoy the time with your sons! Sounds like lots of fun!
HOW SECRET WAS PRE-TRIAL FOR PP2? VERY. VERY, VERY.
(partial MCSC case history and minute entry dockets for June-December, 2013).
-------------------------------------------------------------
Note the contradiction (whatever occasioned it) of JSS denying DT motions to sequester the jury, for a change of venue, and for individual voir dire, all denials based on her rulings that publicity wasn’t substantial enough to taint the jury or proceedings of trial #1,
YET, from June 2013 on, being willing to invoke 9.3 to seal court (no media or public) for virtually all PP2 pre-trial hearings, and to seal most pre-trial documents and records, citing a clear and present danger posed by “intense” media interest, though the public and media interest after May 2013 had decreased significantly.
The DT’s chorus about mitigation witnesses feeling threatened and demanding secrecy began during the sentencing phase of trial #1, when Nurmi refused to put on a mitigation case other than the ’s allocution, his argument then that “all” of the DT’s mitigation witnesses had been too threatened and intimidated to testify (a misrepresentation he had the gall to say directly to 3 COA judges in 2014).
Alyce LaVa did originally agree to testify as a mitigation witness for the , and she surely didn’t for either trial. I think perhaps JSS was well aware of why Alyce didn’t come back for round 2, and that it had little to nothing to do with feeling intimidated. Ditto Patty Womack.
But….JSS might have thought (incorrectly, but understandably) that the claimed reasons for witnesses not testifying were less important than the threat posed to “full mitigation” by the fact the had few or perhaps no credible mitigation witnesses to put on. Other than herself. Emphasis on no credible witnesses.
-------------------------------------------------------------------------------
May 23, 2013. 1st Sentencing Phase Mistrial.
(Nurmi writes that he tried to visit CMJA once in early June, but she refused to see him. At some point in June CMJA requests Nurmi be replaced, and is denied).
June 3, 2013. Notice of potential witnesses for penalty (retrial)
June 12. JSS reverses course, says unsealing records could taint future jury pool; ordered to reseal until further notice.
-------------------------------------------------------------------------------------------
THE SECRECY BEGINS
------------------------------------------------------------------------------------------
June 18. JSS reviewed transcript of proceedings in chambers on February 6, 2013; orders that the transcript remain sealed.
June 20. After in chambers conference, JSS vacates trial date of July 18, 2013. (Guessing her request to have Nurmi replaced was brought up in chambers and discussed on this date).
June 20. Order to Seal (presumably the chamber proceedings on this date).
So far, the only definite problem facing JSS seems to be the defendant’s refusal to work with Nurmi. Yet, the sealing and secrecy begin.
June 21/2013; July 1/2013; July 2/2013; July 7/2013; July 16/2013; July 30/2013: JSS issued Orders to Seal on each date, (all for unspecified content).
(Nurmi writes that he tried to speak with CMJA at court during a proceeding in July, but that she refused to speak with him).
July 2. Trial vacated (defendant’s motion to continue trial is granted).
July 9. Objection to request for entry of Nunc Pro Tunc order for retention of psychological experts who testified in first trial as well as prospective order for those who will testify in the upcoming penalty phase.
July 16. Minute Entry. JSS has an ex parte meeting with DT, defendant and mitigation specialist MDLR.
August 21. DT Motion for Individual Voir Dire.
August 27. DT Motion for a Change in Venue.
September 12, 2013. Order to Seal documents: Minute Entry for 9/9/13, letter dated 8/21/13 (?), and Motion for ex parte hearing. (Letter is perhaps a complaint about Nurmi from ).
September 12. State’s Objection to the Motion to Preclude is to be sealed, not opened without further order by the Court. Was accidentally filed electronically on September 11—withdraw it from system, then seal.
September 12. Sealed: Objection to Motion to Preclude Penalty Phase Rebuttal Evidence Relating to Dr. Sheryl Karp (filed 9/11/13).
September 16. Ordered: all mitigation witness names are to be filed under seal, copy to be provided to the State. Ex parte hearing not to be transcribed without a Court order.
(The DT is obviously already telling JSS that their mitigation witnesses want secrecy).
September 19. (hearing held on this date). Sealed: Motion and Order to Continue 9/16/13 hearing, Motion and Order to Seal Motion to Continue 9/16/13 hearing, Motion and Order to Intervene for Limited Purpose, and Motion and Order to Seal Motion and Order to Intervene for Limited Purpose.
September 19. Order to Seal: Email dated 9/19/13.
(Settlement Conference is coming up in October).
September 25. DT objection to KPHO’s media request.
September 27. Sealed: DT’s Motion and Order (unspecified).
October 1. JSS orders that the October 4 and October 18 pre-trial hearings be closed to the public. (related to cameras in court, pre-trial publicity).
JSS: Open court would present a “clear and present danger” to the parties’ right to a fair penalty phase trial by an impartial jury.
“There exists a substantial probability that matters raised during these hearings could taint the jury pool and impact “the parties’ ability to effectively present matters at trial.” Given the intense media coverage of this case, there is no less restrictive means than closure. “
October 3. CNN’s request for open proceeding
October 4. Request of CNN and PSI for unsealing transcript
October 4. Order to Seal Minute Entry.
October 7. Defendant’s Request for Extension and that all Future Pleading Remain Under Seal Prior to Ruling
October 18. Minute Entry. Parties agree to close the settlement conference to the public and media, scheduled October 24, 2013. Transcript of the conference will be sealed.
JSS: open court “would present a “clear and present danger” to the parties’ right to a fair penalty phase trial by an impartial jury; there exists a substantial probability that matters raised during these hearings could taint the jury pool and impact “the parties’ ability to effectively present matters at trial”
“presence of media may inhibit the free flow of information, including statements by the victims and defendant. This is especially important here since the only issue for the jury will be penalty. “
“Given the intense media coverage of this case, there is no less restrictive means than closure.”
October 21, 2013. writes her 12 page “fire Nurmi” motion.
In it she accused Nurmi of not investigating mitigation witnesses and of not listening to her concerns. She asked for an ex parte meeting with JSS “because of the nature” of the specific example she wants to relate about Nurmi “failing to listen, respond or even properly advise me *which has) adversely affected my testimony at trial.”
October 24. Order to Seal: Minute Entry dated 10/24/2013.
October 30, 2013. Nunc Pro Tunc Order.
October 31, 2013. Ordered to Seal minute entry of 10/21, filed 10/23.
------------------------------------------------
(Two secret hearings are held in November relating to “threats” and pretrial publicity; these are referred to on October 30, 2014 in discussion about sealing court for secret testimony. References to the hearings were entirely scrubbed from dockets).
November 6, 2013. Order to Seal. Letters.
November 13. DT’s requests for a change, motion to sequester jury: DENIED.
Defendant argues “plethora of media coverage…overwhelmed the first trial and poses a threat to the integrity of PP2. “
JSS: “Pre-trial publicity was not so pervasive as to cause the proceedings to be fundamentally unfair. At least one of two conditions must be demonstrable: that publicity was so pervasive that prejudice could be assumed, OR, that the defendant can show “actual prejudice among members of the jury. “
The DT hadn’t proven such pervasiveness; the Court can’t assume 1st trial publicity would prevent PP2 jurors from reaching fair verdict; there is no basis for finding that “publicity has been so outrageous that it will turn PP2 into a mockery of justice or mere formality.”
November 14, 2013. Order to Seal: Minute Entry of November 14.
Granted: DT’s motion to preclude live media coverage of PP2. Still photos permitted.
Denied: DT’s request for individual voir dire of ALL potential jurors: DENIED.
‘The Court acknowledges there are unique concerns that have arisen because of substantial publicity surrounding the case,” (but a slightly modified bur same as trial 1 voir dire process will do).
November 19. Ordered to Seal: State’s proposed jury questionnaires
November 26, 2013. Order to Seal: Minute entry dated 11/26/2013.
November 27, 2013. Order to Seal: defendant’s response to the request of CNN and PSI that transcript be unsealed.
November 27, 2013. Order to Seal: Objection to Motion to Dismiss Death or to Continue Sentencing Phase Retrial
December 3. Motion to Compel juror twitter accounts: DENIED.
(DT wants the twitter account information to “allow the parties to monitor the jurors to assure there is no violation of the Court’s admonition.”
December 5, 2013. DENIED: DT’s motion to reconsider change of venue and individualized voir dire, due to ex-cellie “speaking poorly” of defendant, and telling the media CMJA wanted to take revenge on JM, Flores, and (Samantha).
December 6, 2013. Order to Seal: Minute Entry dated 12/6/2013.
December 6, 2013. Order to Seal: Letter Re: Expert Witness
December 13, 2013. Order to Seal: Minute Entry dated 12/13/2013.
December 13, 2013. Order to Seal: State’s Objection to Conducting Trial (Penalty Phase) In Secret and Allowing Witness to Testify Under Pseudonym.
December 17. Order to Seal: Minute Entry of 11/26, filed 11/27.
December 26. Order to Seal: Jury Questionnaires.
December 26. Order to Seal: Note: Alyce LaViolette
December 26. Order to Seal: In Session Letter and CD.
December 26. Order to Seal: Personal Matter.
December 26. Order to Seal: Juror Matter
December 26. Order to Seal: Patricia Womack
December 26. Order to Seal: Security Matters
December 26. Order to Seal: Juror Matters
December 26. Order to Seal: Miscellaneous
(partial MCSC case history and minute entry dockets for June-December, 2013).
-------------------------------------------------------------
Note the contradiction (whatever occasioned it) of JSS denying DT motions to sequester the jury, for a change of venue, and for individual voir dire, all denials based on her rulings that publicity wasn’t substantial enough to taint the jury or proceedings of trial #1,
YET, from June 2013 on, being willing to invoke 9.3 to seal court (no media or public) for virtually all PP2 pre-trial hearings, and to seal most pre-trial documents and records, citing a clear and present danger posed by “intense” media interest, though the public and media interest after May 2013 had decreased significantly.
The DT’s chorus about mitigation witnesses feeling threatened and demanding secrecy began during the sentencing phase of trial #1, when Nurmi refused to put on a mitigation case other than the ’s allocution, his argument then that “all” of the DT’s mitigation witnesses had been too threatened and intimidated to testify (a misrepresentation he had the gall to say directly to 3 COA judges in 2014).
Alyce LaVa did originally agree to testify as a mitigation witness for the , and she surely didn’t for either trial. I think perhaps JSS was well aware of why Alyce didn’t come back for round 2, and that it had little to nothing to do with feeling intimidated. Ditto Patty Womack.
But….JSS might have thought (incorrectly, but understandably) that the claimed reasons for witnesses not testifying were less important than the threat posed to “full mitigation” by the fact the had few or perhaps no credible mitigation witnesses to put on. Other than herself. Emphasis on no credible witnesses.
-------------------------------------------------------------------------------
May 23, 2013. 1st Sentencing Phase Mistrial.
(Nurmi writes that he tried to visit CMJA once in early June, but she refused to see him. At some point in June CMJA requests Nurmi be replaced, and is denied).
June 3, 2013. Notice of potential witnesses for penalty (retrial)
June 12. JSS reverses course, says unsealing records could taint future jury pool; ordered to reseal until further notice.
-------------------------------------------------------------------------------------------
THE SECRECY BEGINS
------------------------------------------------------------------------------------------
June 18. JSS reviewed transcript of proceedings in chambers on February 6, 2013; orders that the transcript remain sealed.
June 20. After in chambers conference, JSS vacates trial date of July 18, 2013. (Guessing her request to have Nurmi replaced was brought up in chambers and discussed on this date).
June 20. Order to Seal (presumably the chamber proceedings on this date).
So far, the only definite problem facing JSS seems to be the defendant’s refusal to work with Nurmi. Yet, the sealing and secrecy begin.
June 21/2013; July 1/2013; July 2/2013; July 7/2013; July 16/2013; July 30/2013: JSS issued Orders to Seal on each date, (all for unspecified content).
(Nurmi writes that he tried to speak with CMJA at court during a proceeding in July, but that she refused to speak with him).
July 2. Trial vacated (defendant’s motion to continue trial is granted).
July 9. Objection to request for entry of Nunc Pro Tunc order for retention of psychological experts who testified in first trial as well as prospective order for those who will testify in the upcoming penalty phase.
July 16. Minute Entry. JSS has an ex parte meeting with DT, defendant and mitigation specialist MDLR.
August 21. DT Motion for Individual Voir Dire.
August 27. DT Motion for a Change in Venue.
September 12, 2013. Order to Seal documents: Minute Entry for 9/9/13, letter dated 8/21/13 (?), and Motion for ex parte hearing. (Letter is perhaps a complaint about Nurmi from ).
September 12. State’s Objection to the Motion to Preclude is to be sealed, not opened without further order by the Court. Was accidentally filed electronically on September 11—withdraw it from system, then seal.
September 12. Sealed: Objection to Motion to Preclude Penalty Phase Rebuttal Evidence Relating to Dr. Sheryl Karp (filed 9/11/13).
September 16. Ordered: all mitigation witness names are to be filed under seal, copy to be provided to the State. Ex parte hearing not to be transcribed without a Court order.
(The DT is obviously already telling JSS that their mitigation witnesses want secrecy).
September 19. (hearing held on this date). Sealed: Motion and Order to Continue 9/16/13 hearing, Motion and Order to Seal Motion to Continue 9/16/13 hearing, Motion and Order to Intervene for Limited Purpose, and Motion and Order to Seal Motion and Order to Intervene for Limited Purpose.
September 19. Order to Seal: Email dated 9/19/13.
(Settlement Conference is coming up in October).
September 25. DT objection to KPHO’s media request.
September 27. Sealed: DT’s Motion and Order (unspecified).
October 1. JSS orders that the October 4 and October 18 pre-trial hearings be closed to the public. (related to cameras in court, pre-trial publicity).
JSS: Open court would present a “clear and present danger” to the parties’ right to a fair penalty phase trial by an impartial jury.
“There exists a substantial probability that matters raised during these hearings could taint the jury pool and impact “the parties’ ability to effectively present matters at trial.” Given the intense media coverage of this case, there is no less restrictive means than closure. “
October 3. CNN’s request for open proceeding
October 4. Request of CNN and PSI for unsealing transcript
October 4. Order to Seal Minute Entry.
October 7. Defendant’s Request for Extension and that all Future Pleading Remain Under Seal Prior to Ruling
October 18. Minute Entry. Parties agree to close the settlement conference to the public and media, scheduled October 24, 2013. Transcript of the conference will be sealed.
JSS: open court “would present a “clear and present danger” to the parties’ right to a fair penalty phase trial by an impartial jury; there exists a substantial probability that matters raised during these hearings could taint the jury pool and impact “the parties’ ability to effectively present matters at trial”
;“presence of media may inhibit the free flow of information, including statements by the victims and defendant. This is especially important here since the only issue for the jury will be penalty. “
“Given the intense media coverage of this case, there is no less restrictive means than closure.”
October 21, 2013. writes her 12 page “fire Nurmi” motion.
In it she accused Nurmi of not investigating mitigation witnesses and of not listening to her concerns. She asked for an ex parte meeting with JSS “because of the nature” of the specific example she wants to relate about Nurmi “failing to listen, respond or even properly advise me *which has) adversely affected my testimony at trial.”
October 24. Order to Seal: Minute Entry dated 10/24/2013.
October 30, 2013. Nunc Pro Tunc Order.
October 31, 2013. Ordered to Seal minute entry of 10/21, filed 10/23.
------------------------------------------------
(Two secret hearings are held in November relating to “threats” and pretrial publicity; these are referred to on October 30, 2014 in discussion about sealing court for secret testimony. References to the hearings were entirely scrubbed from dockets).
November 6, 2013. Order to Seal. Letters.
November 13. DT’s requests for a change, motion to sequester jury: DENIED.
Defendant argues “plethora of media coverage…overwhelmed the first trial and poses a threat to the integrity of PP2. “
JSS: “Pre-trial publicity was not so pervasive as to cause the proceedings to be fundamentally unfair. At least one of two conditions must be demonstrable: that publicity was so pervasive that prejudice could be assumed, OR, that the defendant can show “actual prejudice among members of the jury. “
The DT hadn’t proven such pervasiveness; the Court can’t assume 1st trial publicity would prevent PP2 jurors from reaching fair verdict; there is no basis for finding that “publicity has been so outrageous that it will turn PP2 into a mockery of justice or mere formality.”
November 14, 2013. Order to Seal: Minute Entry of November 14.
Granted: DT’s motion to preclude live media coverage of PP2. Still photos permitted.
Denied: DT’s request for individual voir dire of ALL potential jurors: DENIED.
‘The Court acknowledges there are unique concerns that have arisen because of substantial publicity surrounding the case,” (but a slightly modified bur same as trial 1 voir dire process will do).
November 19. Ordered to Seal: State’s proposed jury questionnaires
November 26, 2013. Order to Seal: Minute entry dated 11/26/2013.
November 27, 2013. Order to Seal: defendant’s response to the request of CNN and PSI that transcript be unsealed.
November 27, 2013. Order to Seal: Objection to Motion to Dismiss Death or to Continue Sentencing Phase Retrial
December 3. Motion to Compel juror twitter accounts: DENIED.
(DT wants the twitter account information to “allow the parties to monitor the jurors to assure there is no violation of the Court’s admonition.”
December 5, 2013. DENIED: DT’s motion to reconsider change of venue and individualized voir dire, due to ex-cellie “speaking poorly” of defendant, and telling the media CMJA wanted to take revenge on JM, Flores, and (Samantha).
December 6, 2013. Order to Seal: Minute Entry dated 12/6/2013.
December 6, 2013. Order to Seal: Letter Re: Expert Witness
December 13, 2013. Order to Seal: Minute Entry dated 12/13/2013.
December 13, 2013. Order to Seal: State’s Objection to Conducting Trial (Penalty Phase) In Secret and Allowing Witness to Testify Under Pseudonym.
December 17. Order to Seal: Minute Entry of 11/26, filed 11/27.
December 26. Order to Seal: Jury Questionnaires.
December 26. Order to Seal: Note: Alyce LaViolette
December 26. Order to Seal: In Session Letter and CD.
December 26. Order to Seal: Personal Matter.
December 26. Order to Seal: Juror Matter
December 26. Order to Seal: Patricia Womack
December 26. Order to Seal: Security Matters
December 26. Order to Seal: Juror Matters
December 26. Order to Seal: Miscellaneous
nwmouse
Verified cheese addict.
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Oh I'm sure they'll claim her new swamp cooler is so good she had to buy 6 more sweaters at the commissary!
TrialWatcher
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Best wishes, TexMex. Have a great birthday.
It is not a swamp cooler. Per an email received from AZ DOC, it's called a Chiller AC system and is used in large industrial & commercial facilities. It works well in humid conditions, unlike swamp coolers and less expensive to operated than refrigerant cooled systems used for residential and smaller facilities. It was installed in 30yard in May and DOC said it's working well, but didn't say how cool they actually keep the cells. You can read about it here (scroll down to "Commercial units and cooling towers") http://www.perfect-home-hvac-design.com/chilled-water-air-conditioning.html
Yep. Upside: cooler. Downside: makes conversations via vents impossible. Though....given the 's ongoing feuds with other murderers, maybe that's a good thing for her too.
Shanks? Being surrounded by murderers and sociopaths? Being part Mexican but playing all white so not having a protective gang "family"? NEVER having privacy or quiet or solitude by choice? Never again, for as long as she lives, being able to be someplace different, never again being able to make meaningful choices about anything meaningful? Never again "smelling like a goddess," never again playing photographer, never again doing "art" with anything other than colored pencils, never again using a cell phone or computer, having to rely upon crazy fans and indifferent family to relay goddess messages to the lowly public, until none of those folks can be bothered either.
Nothing else. Years and decades and years of nothing else.
FinallyRegistered
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Good job, Hope; the secrecy was worse than I knew or remembered.
LinasK
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I loved that she thought she was gonna teach Spanish to Hispanics!:hilarious::hilarious::hilarious:
nwmouse
Verified cheese addict.
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This is such a great post, Hope! Sometimes, when I can't sleep and want to tear my hair out in frustration, I go downstairs and make a peanut butter and fig jam sandwich, and I feel grateful that I can do this simple thing and remember that can't. CMJA cannot even have control over the basic elements of her diet, watch whatever she wants to on tv, read any book she chooses, travel to some awesome destination to take photographs, or plot an indulgent bath and body order, or splurge on exotic teas or face creams. She can't enjoy a super long hot shower on icy nights, go outside to stargaze or book a facial or massage as a spa treat. CMJA will never get dressed up for a date, plan to enjoy a new restaurant or spend hours researching an adventurous expedition to a far off land to take photos of icebergs and penguins rookeries. CMJA will never experience the joy of Paris in springtime, or visit Italy and gaze in awe at the incredible art, history and food. She can have her shadow board post about how well she's handling the slammer, and how she is enjoying her new life but we all know its not true and that she's only saying this to spite TA's family. She has zero control, and that's what must chap her butt royally, because she's a control freak.
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