Sentencing and beyond- JA General Discussion #9

[Hope4More]

This is the first US based criminal case that I followed in depth, before I discovered WS, I still have a lot to learn. I'm just catching up on some of the previous posts, I look forward to hearing everybody's thoughts as the appeal moves forward.

Of all the cases I have ever followed this killer is certainly one of, if not the most cold hearted defendant I have ever seen. I have no doubt that she would have become a serial killer, if she had not been caught she would have gone on to take more lives. I hope she stays locked up forever.

Many years have passed but I still find myself thinking of Travis all the time. I hope this farce is over soon so he can rest peacefully and his family can go back to getting on with their lives and trying to heal from their terrible loss.

She has no chance- as in zero- of prevailing upon appeal. The Arizona Court of Appeals (COA) will uphold her conviction. And, the COA will uphold her conviction even if the Arizona Bar finds JM guilty of everything alleged in the pending charges against him.

After that. She has the right to appeal to the AZ Supreme Court after the COA upholds her conviction, but that court isn't obligated to hear her appeal and almost certainly will not.

After that. Her final state- level chance to try to overturn her conviction will be to file for post-conviction relief (PCR). PCR is the first time she will be allowed to argue ineffective counsel or to argue that "new" evidence be considered, evidence so weighty and significant that had it been known at the time of her trial, the jury would LIKELY have reached a different verdict.

There is no new evidence, no legitimate grounds for claiming ineffective counsel, and no reason for the presiding trial judge to even agree to grant her a PCR hearing.

 

[AllyBeeUK]

She has no chance- as in zero- of prevailing upon appeal. The Arizona Court of Appeals (COA) will uphold her conviction. And, the COA will uphold her conviction even if the Arizona Bar finds JM guilty of everything alleged in the pending charges against him.

After that. She has the right to appeal to the AZ Supreme Court after the COA upholds her conviction, but that court isn't obligated to hear her appeal and almost certainly will not.

After that. Her final state- level chance to try to overturn her conviction will be to file for post-conviction relief (PCR). PCR is the first time she will be allowed to argue ineffective counsel or to argue that "new" evidence be considered, evidence so weighty and significant that had it been known at the time of her trial, the jury would LIKELY have reached a different verdict.

There is no new evidence, no legitimate grounds for claiming ineffective counsel, and no reason for the presiding trial judge to even agree to grant her a PCR hearing.

Thank you so much for the info. I feel so sad for the Alexander family having to endure this, hopefully it will be over for them soon.

If she did somehow manage to wangle a new trial, could she be re-tried with the death penalty back on the table? I have mixed feelings about capital punishment but that would be some kind of poetic justice.

 

[YESorNO]

Top Maricopa County prosecutor Juan Martinez reassigned to auto theft division after ethics complaints

https://www.azcentral.com/story/news/local/phoenix/2019/09/24/maricopa-county-prosecutor-juan-martinez-demoted-auto-theft-division/2437307001/

So what happens with the Saucedo case, is he still prosecuting that? If it's mentioned anywhere in the article I couldn't find it, I had to unblock ads to read it and to say the page had trouble loading is an understatement.

"...Mitchell said Martinez will remain lead prosecutor on the cases already assigned to him that are currently in trial or pending remand. ..."

Juan Martinez Reassigned After Misconduct Complaints

 

[YESorNO]

Arizona Supreme Court orders counsel to investigate complaint against Bill Montgomery

Sept. 25, 2019

"The Arizona Supreme Court will appoint an independent Bar counsel to oversee a complaint filed with the State Bar of Arizona against newly appointed Supreme Court Justice Bill Montgomery.

In the ethics complaint, lawyers for convicted murderer Jodi Arias accuse Montgomery, previously the Maricopa County attorney, of covering up misconduct by Maricopa County prosecutor Juan Martinez.

The complaint was filed a day before Gov. Doug Ducey appointed Montgomery to the state's highest court.

Lawyer Karen Clark in the complaint alleges Montgomery failed to supervise Martinez and blocked public records from being released. Those records include personnel records and depositions from employees who said Martinez sexually harassed them, according to the complaint. ..."

Arizona Supreme Court orders counsel to investigate complaint against Bill Montgomery

 

[Hope4More]

So....Karen Clarke is now going after Bill Montgomery too. She definitely doesn't lack tenacity. Or ambition. Or chutzpah.

What she does lack is a fact-based ethics case against either Montgomery or JM. I have a feeling JM may actually have popped a bottle of champagne when he first heard of Clarke's latest exploit, but if not then, later, when.....
-----
1. That's Justice Montgomery to you, Ms. Clarke.
----------
The bare knuckled power battles and often dirty politics of AZ's legal system, top to bottom, never ceases to amaze.

Bill Montgomery, JM's boss, was elected (special election) to replace a radically corrupt predecessor. Montgomery always considered the DA job as a stepping stone to serving on AZ's Supreme Court; the path there is largely a matter of playing the game of politics well.

For Bill, supporting JM, both within MCAO (Maricopa County Attorneys Office) and to the public was good politics. Bill is a fervent DP supporter; JM won DP cases. Better yet, JM won multiple very high profile DP cases, which made Bill look good and raised his public profile.

When the defense bar and local anti-DP sleaze reporters went after JM, out would pop Bill, offering JM his very public support, and in the process, offering up for display his political credentials as a pro-DP, anti-immigrant, anti -LBGQ, defender of the law.

I'm sure Clarke has despised Montgomery for a long time, and on many grounds, and before Clarke had ever heard of..(hmm)..(?) the Butcherer. (?) (Not as satisfying, but will have to do. BA for short, then).

So, (AZ) Governor Ducey had a SC opening to fill. There was plenty of opposition against Montgomery. But...dirty politics.

The committee assigned to vet and vote on candidates for the court seat rejected Bill on the first round. So...Ducey appointed new members to the committee, all supporters of Bill. Bill was given their necessary stamp of approval, and his name went on Ducey's short list....

Enter Karen Clark. Her ethics complaint against Bill was IMO a transparent attempt to keep Bill off the bench. Unfortunately for Clark, a day after she filed her Bar complaint against Mr. Bill Montgomery, Governor Ducey waved his magic wand and lo, her complaint now was against Supreme Court Justice Montgomery, Ducey's very personal choice for the bench. LOL.

Continued.. (it gets even better )

 

[Hope4More]

2. Bill & JM v. Karen Clark (KC)

1. KC filed her Bar complaint (4 charges) against Bill on Sept. 3rd. On the same day, she filed yet one more Bar complaint against JM.

2. Her new complaint against JM relates to his book. Specifically, KC alleges JM began writing his book while trial was still ongoing, and that he'd done at least some of the writing on weekdays, when he was "on the clock;" on duty, as it were. (Will return to the "facts" and merit of her allegation).

3. Question: why did Clark file this new ethics complaint against JM? And on the very same day she filed a complaint against Bill?

4. Answer: because she knew many AZ attorneys, both prosecutors & defense, had been troubled by JM having his book published while BA's appeals were still pending.

Karen case against Nurmi centered on his "book," but in her previous charges against JM, any qualms Karen had about his book were drowned out by her allegations of sex sex sex and pillow talk and ...blah blah blah.

5. One of the 4 charges against Mr. Bill is one IMO she believed had the best chance of playing well to fellow attorneys- the book thing, and the charge she likely believes hogties Bill to a beleaguered JM. Bad Bill for permitting JM to write the book, and bad JM for writing the book when & where he did.

(Cont)

 

[Augustgurl]

2. Bill & JM v. Karen Clark (KC)

1. KC filed her Bar complaint (4 charges) against Bill on Sept. 3rd. On the same day, she filed yet one more Bar complaint against JM.

2. Her new complaint against JM relates to his book. Specifically, KC alleges JM began writing his book while trial was still ongoing, and that he'd done at least some of the writing on weekdays, when he was "on the clock;" on duty, as it were. (Will return to the "facts" and merit of her allegation).

3. Question: why did Clark file this new ethics complaint against JM? And on the very same day she filed a complaint against Bill?

4. Answer: because she knew many AZ attorneys, both prosecutors & defense, had been troubled by JM having his book published while BA's appeals were still pending.

Karen case against Nurmi centered on his "book," but in her previous charges against JM, any qualms Karen had about his book were drowned out by her allegations of sex sex sex and pillow talk and ...blah blah blah.

5. One of the 4 charges against Mr. Bill is one IMO she believed had the best chance of playing well to fellow attorneys- the book thing, and the charge she likely believes hogties Bill to a beleaguered JM. Bad Bill for permitting JM to write the book, and bad JM for writing the book when & where he did.

(Cont)

Please continue. This is GREAT and informative. Thanks Hope. LOVE when you post

 

[Hope4More]

THE POLITICS OF DUCEY’S APPOINTMENT OF BILL MONTGOMERY TO THE AZ SUPREME COURT……AND WHY THOSE POLITICS MAY BENEFIT JM


AZ GOVERNOR DUCEY:

“(Montgomery) has "served with honor and integrity" and "cleaned up an office that was in disarray and mired in controversy."

"Bill's record, resume and extensive list of supporters speak to his qualifications and his broad support in the community."


THE ACLU: (campaigned against his appointment)

“(Montgomery "has filled up Arizona prisons with people who don’t need to be there. He’s a politician who lets personal biases drive his prosecutorial practices and policy decisions.”

“He chose the most unqualified candidate on the list to serve on the highest court in Arizona.”

"Let's be clear: Montgomery would have never been considered for this seat if he weren't allowed to operate with unchecked power for a decade as county attorney."



OTHER PROGRESSIVE GROUPS: (campaigned against his appointment)

Criticized Montgomery for his opposition to marijuana legalization, LGBT rights, sentencing reform, and for working with former Sheriff Joe Arpaio to prosecute immigrants suspected of being in the country without legal status.


DUCEY’S POLITICAL ALLIES

Glenn Hamer, president of the Arizona Chamber of Commerce: “This is a superb choice by Gov. Ducey,"

"Having known Bill for over a decade and having had the privilege of serving on his Business Advisory Council, I can attest to his legal wisdom, his integrity, and his love for this state and this country. He is a true American success story."

---------------
JUSTICE MONTGOMERY'S STATEMENT ABOUT KAREN'S ETHICS/BAR COMPLAINT:

“Political agendas and special interests should not be allowed to have a place when it comes to the ethical responsibilities of a prosecutor. I await a full and timely review of these inaccurate claims that have been previously reviewed and found to be without merit.”
=================================

AND WHY THOSE POLITICS MAY BENEFIT JM……(CONTINUED)

 

[Hope4More]

POLITICS BITE KAREN

KC filed her Bar complaint (4 charges) against Justice Montgomery on Sept. 3rd, the same day she filed a new Bar complaint against JM. Her charges against Justice Montgomery are all related to the charges she already brought and just brought against JM.

The immediate consequence of her decision to try to keep Montgomery off the Court by accusing him of "covering up" and abetting JM's alleged misdeeds was that the State Bar of Arizona recused itself from hearing either the complaint against Montgomery OR the new complaint against JM that Karen filed on Sept. 3.

Better yet, the hot potato of the complaints against Bill and Juan landed on the desk of the Chief Justice of the AZ Supreme Court (Bill's new colleague, lol). His response was to combine the 2 complaints and outsource them to an independent counsel, if you will, a single adjudicator, who has no deadline to resolve the complaints, and only her own judgment to apply.

She is tasked with considering the merits of Karen's charge against JM that publishing Conviction violated ethical rules, AND the 4 charges against Justice Montgomery, including the charge that Montgomery acted unethically in permitting JM to write and publish his book.

So goeth one, so goeth them both. At Karen's own hand. LOL. The previous sex sex sex Bar charges Karen brought against JM are still pending at the Bar (though 2 have already been dismissed).

But...... about that. . IMO, Karen's misfired, politically-tainted charges against Bill and JM dramatically increase the odds that those original charges against JM will be dismissed as well; certainly those related even tangentially to Justice Montgomery's oversight of JM.

And it most certainly doesn't strengthen Karen's hand- the one she keeps using to try to smite JM down until he can no longer prosecute DP cases- that she invited the ACLU to weigh in on those pending Bar charges against JM. LOL x 2.

 

[Augustgurl]

Hope, what say you about Juan being demoted to auto theft cases. Do you think he will be reinstated to prosecute criminal cases again?

This is all because of Jodi Arias. She is behind taking down Juan and I’m sad to say she has partially won, which I’m sure she gloats about. Think about all the other women Juan has sent to prison and/or death row, and nothing like this has ever happened until her. She is a scary person and should never ever ever be let out because she would go on a revenge spree and no one that ever even slightly crossed her would be safe.

 

[Hope4More]

Hope, what say you about Juan being demoted to auto theft cases. Do you think he will be reinstated to prosecute criminal cases again?

This is all because of Jodi Arias. She is behind taking down Juan and I’m sad to say she has partially won, which I’m sure she gloats about. Think about all the other women Juan has sent to prison and/or death row, and nothing like this has ever happened until her. She is a scary person and should never ever ever be let out because she would go on a revenge spree and no one that ever even slightly crossed her would be safe.

JM is on Autos because politics, imo. (Technically not a demotion). Beyond that, I dunno. The charges against Montgomery made thinking it through more complicated. MCAO could be trying to distance itself from the whole mess until it's over. Justice Bill could be feeling pissy at JM and wanted him sent to Auto to exact a pound of JM flesh, before life goes back to normal for all.

I'm thinking it LEAST likely that MCAO put JM in Auto because they believe the Bar charges will stick. For lots of reasons, I'm betting they won't. (Including it doesn't seem JWoods will be testifying against JM).

As for who is pulling all these strings. No, it surely & really isn't the killer. She's no doubt still full of venom, but she's powerless now to strike very far outside the teeny prison cell she's confined in for the rest of her life.

She didn't even bring down Nurmi. He did that all by himself. And knew it. Said so. And that he had no regrets. The peeps responsible for the ongoing slime campaign against JM are Karen Clark, "ethics" attorney and her husband, Adams , ditto.

They early on seized on the coattails of a very high profile trial to promote themselves & their "causes", and they haven't let go yet. Perhaps Justice Montgomery can help pry their hands off, though, since those coattails are now the robes of a AZ Supreme Court Justice.

 

[Colie]

@troyhaydenfox10 4h4 hours ago
Appellate court docs released today in #JodiArias case. Her attorneys will get the chance to answer questions on the impact of prosecutorial misconduct in the face of overwhelming evidence against her in her murder trial. This is being seen as a small victory for Arias’ team.

 

[Hope4More]

@troyhaydenfox10 4h4 hours ago
Appellate court docs released today in #JodiArias case. Her attorneys will get the chance to answer questions on the impact of prosecutorial misconduct in the face of overwhelming evidence against her in her murder trial. This is being seen as a small victory for Arias’ team.

How silly. Having oral arguments heard at the COA isn't a "victory" of any size for her team. The COA granted her 2 public appellate attys' requests for oral argument months ago ( It's not a routine request, but the COA routinely grants when asked).

Neither are the COA's questions for argument a "victory" for the killer or her attorneys. The panel of judges hearing oral arguments is the same panel that will review and rule upon the killer's appeal. The judges have just told attorneys on both sides they should be prepared to present legal argument about a specific set of issues/questions. These aren't arguments for either side to "win" or "lose."

The questions judges will raise during oral argument are directly related to the grounds for appeal the killer's attorneys have already presented in their opening brief, and that the State has already replied to in their own.

Six arguments were presented by her attorneys in their brief. The panel's questions relate to only 2 of those six:

1. That Judge Stephens' "failure to protect ( the killer) sufficiently from the massive, pervasive, and prejudicial publicity during her trial violated her right to a fair trial."

(Specific judicial "errors" by Stephens include her ruling against change in venue, jury sequestration, etc).

2. That "pervasive and persistent prosecutorial misconduct denied (the killer) her rights of due process and a fair trial."
-----
My favorite question is #6:

"Was (the killer) deprived of her ability to present her defense to the jury?"

Remembering, of course, the COA itself ruled during PP2 that the killer had no right to testify in secret, in closed court. And especially not when her argument for "needing" to do so was that she couldn't testify freely with the eyes of the public upon her; an unconvincing argument, said the COA, given the bazillion days she spent on the stand during guilt phase.

 

[Love Never Fails]

Hope, I am so excited to see you back! I have been gone awhile and remember you left due to your health and just seeing you posting again is wonderful! I love your insights into this case, always have.
It is so good to see everyone posting. I have wondered how JM is doing. I am sorry JA is putting him through this. I believe he will no doubt be victorious in the end while she will still be in the hole she is in.

 

[YESorNO]

Jodi Arias' murder conviction could be overturned because of prosecutor misconduct claims

Oct. 4, 2019

"The Arizona Court of Appeals has agreed to consider how numerous allegations of misconduct against Maricopa County prosecutor Juan Martinez could overturn Arias' conviction. ...

The Court of Appeals order in the Arias case stated that it will look at a series of issues concerning prosecutorial misconduct, including:

-Is Arias is entitled to a new trial if there was intentional prosecutorial misconduct, and would double jeopardy play a role?

-What factors are relevant in determining whether Arias was denied a fair trial based on prosecutorial misconduct? Does publicity around the trial affect the decision?

-Was she deprived of the ability to present her defense to the jury?

-If there was prosecutorial misconduct, did it contribute to her guilty verdict?

-Should the publicity outside the courtroom be considered when deciding if the atmosphere of the trial was "circus-like?" Can publicity outside the courtroom grant a reversal?

The court has not yet scheduled a date for the oral arguments.'

Jodi Arias' murder conviction could be overturned because of prosecutor misconduct claims

 

[nyvictoria]

Thank you @Hope4More for all the appeal updates. So happy to see you back here!

They have to know they don’t stand a snowball’s chance in hell of getting the murdering felon’s conviction overturned. If her conviction is overturned because of publicity, the Arizona courts will be backlogged for years with everyone convicted of a crime who had publicity attendant with their trial filing an appeal. That will never happen. They’d have a better chance with the misconduct aspect but for the fact that it’s primarily based on the delusions of a disgruntled would-be “reporter” who has a vendetta against Jen Wood.

The convicted felon will stay right where she belongs, sweating in her cell and longing for the good old days when she was free to travel and leech off the kindness of others.

 

[MsJosie]

Thanks everyone for the updates and explanations. Nice to ‘see’ all of you again.

I will always be for JM and support him.

May Karma visit the felon daily and then go onto visit KC and minions.

 

[Colie]

Monica Lindstrom , Mac and Gaydos legal expert - Mac & Gaydos - Omny.fm

 

[nyvictoria]

IMO that Monica Lindstrom podcast was a whole lot of nothing. They keep talking about the alleged sexual harassment by JM but that has nothing to do the murdering felon’s trial. It’s background noise. IF he disclosed info to JW that influenced the jury, they might have a leg to stand on but that’s a big IF. They have to show that the jury would not have found her guilty but for the prosecutorial misconduct. Never gonna happen. She’s guilty and she’s going to stay guilty.

I have to add that if the harassment allegations against JM are true, I be extremely disappointed. I’ve been subjected to some of it myself and it makes for a very uncomfortable workplace environment. I would want to see him appropriately censured .

 

[Hope4More]

Monica Lindstrom , Mac and Gaydos legal expert - Mac & Gaydos - Omny.fm

What utter click bait rubbish.