SIDEBAR #21- Arias/Alexander forum

[gcharlie]

Hey everyone, Good morning I thought if FJA was given the DP all of her appeals
would be automatic and we the citizens of Arizona would be paying for them, but if she was given LWOP she would be paying for her appeals, which would explain her asking for donations. Since she is asking for donations for her appeals was there some type of deal made for her to get LWOP, is that what this hearing is for today, or is it just for the judge to make more delays?

Grammie, best as people can gather, it was the court that arranged this settlement conference in the hopes that some kind of agreement can be reached to avoid a retrial of the penalty phase. Neither side has given any indication of a willingness to settle outside of the courtroom and it is not anticipated that any settlement will be reached today.

The State could take the death penalty off the table after this conference, but there does not seem to be any news hinting that this is likely.

If she is sentenced to death, she is entitled to automatic appeals and legal representation. I believe that the appeals continue until all appellate issues have been exhausted.

If she is sentenced to LWOP, she is entitled to only one automatic appeal with legal representation provided by the state. After that appeal, she would be on her own to languish in prison and find an attorney willing to accept her case for further appeal, if any appellate issues exist.

Donations raised for her appeal could be used for a DP appeal if she lacks confidence in State appointed counsel.

I seriously doubt that her family can raise enough money for an appeal, unless some attorney takes the case on a reduced fee basis.

 

[Hope4More]

Grammie,

I seriously doubt that her family can raise enough money for an appeal, unless some attorney takes the case on a reduced fee basis.

Ditto that. For example, in CA, 2010, the average atty cost for DP appeals process was $200-300,000. There just aren't that many fools out there. Unlike the case of that person from Florida, the ex-waitress' attys want to flee her, not fund her, and her handfuls of supporters seem to be murder-groupies, not wealthy ignorants.

She's yesterday's bad news, never huge news, a demonstrable liar, and a convicted murderer. All in all, just not a very good fund-raising candidate.

 

[josie1986]

He's leaving it up to JM, then it's gonna be the needle.

exactly what i thought,no way ever i can see juan letting her off without trying her for the DP

 

[VictimsSide]

Hi Sleuthers,
Molly - Hope your migraine has gone away and you are feeling more like yourself again. So sorry to read about your miscarriage.

Niner - When I was in grade school, they built a new high school and opened up the old H.S. to a middle school, 1st of it's kind in Chicago and named it Brian Piccolo Middle School. A section of the building was K-5. I was in 7th grade when the school was opened and dedicated. I was in chorus and they showed "Brian's Song" for all the students throughout the day, but the kids in chorus got to stay in assembly all day and sing "Brians Song" after the movies end all day. I got to meet George Halas, Gayle Sayers, Joy Piccolo and her children and all the football players at that time. I have needless to say been a Bears fan ever since. I was at a Monday night football game back when it was Joe Montana and Jim McMahon, such good times and memories. I watch the Bears thru thick or thin and one of my grandsons first words was 'touchdown', which I taught him. Enjoy your season, you have a good team going, and I have a sister who lives in S.F. so I also have a SF throw blanket.

Here is hoping the Alexander family gets the outcome they want and deserve after today's hearing and CKJA goes away sooner rather than later, but if it does eventually go to a new sentencing trial, so looking forward to us all gathering again and watching the felon get the punishment the family wants.

 

[gcharlie]

Travis's family has been above reproach for not leaking things to the media throughout the trial, yet for today, I would love for them to break their silence and spill the beans.

Would love to know what was said and how the murder acted today.

 

[gcharlie]

Just tweeted:

Michael Kiefer ‏@michaelbkiefer 3m

Another surprise: No deal for Jodi Arias in today's settlement conference.


11:26 AM - 24 Oct 13 · Details

 

[Mollyandme]

Just tweeted:

Michael Kiefer ‏@michaelbkiefer 3m

Another surprise: No deal for Jodi Arias in today's settlement conference.


11:26 AM - 24 Oct 13 · Details

good. im standing behind the alexanders and whatever their wishes are. i know that the fact there's no deal is prob frustrating for a lot of taxpayers in arizona but this murderer deserves the DP.

 

[Nore]

I think I just found that same article.

Went looking for context about the appellate process in AZ. For those interested in full academic immersion, check out James Lie man's study about the DP. 175 pages of analysis, including many many charts and graphs showing state by state statistics , including percentage of DP convictions overturned by each state ( I think az' s number was 10%). The rate of reversible error found in DP cases upon appeal in every state was WAY higher... shocking really.

The other interesting tidbit i came across was that AZ is pressuring the Justice Dept. to allow the state to accelerate the post conviction appeals process..so those sentenced to death get executed sooner rather than later.

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Hi Hope, I remember AZ Lawyer posting info on the appeals law in AZ., This was some time ago. I will try to look it up. I could swear she said there is no appeal for LWOP.. I may be wrong but I will look.

 

[Hope4More]

How old news is the ex-waitress? The only news source reporting on today's non-settlement is one overly involved and biased journalist on his twitter acct, and a grand total of 4 or 5 people have responded to his tweets. That's it. Personally I think the lack of media access in this case is great. Starve the beast.

 

[Nore]

I am not looking forward to snow. It has gotten chilly in New England, to chilly. We had a warmer than usual fall up until today and that has changed. Weather man says it will drop down into the 30s at night. We put the heat on for a while to take the chill out of the air. Ugh, not looking forward to the 1st snow, or any snow for that matter.
I read on a weather site that the East should be OK regarding snow until the 2nd half of the season, but that is when we have been getting wacked for the last several years and last years blizzard was miserable.

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Ricki, it's been the same here in Ohio. We didnt have the huge blizzards you had last year but we have had them. Take care.:HHJP:

 

[Kensie]

WOW, a high of 65 today and I thought that was freezing!!!

Happy Thursday to everyone!!

 

[Hope4More]

Just read a post elsewhere , written by someone who calls herself "lover of a lifer," apparently a man with LWOP for murder. Here is an exact quote from her post: " Murder is no more of a sin that eating too much.". :scared::noooo::

That's the kind of folk supporting the ex-waitress.

 

[Linda From New York]

Beth Karas reported on her Facebook page that no settlement was reached today:

She says she "just spoke to the spokesperson for the Maricopa County Attorney's office. He confirmed that there was no settlement today in Jodi Arias's closed conference before retired Judge James Keppel. The next court date is Nov. 1 at 1:30 pm in Phoenix (4:30 pm ET) before Judge Sherry Stephens. She will hear oral argument on a number of outstanding motions in anticipation of a retrial of the sentencing phase.

https://www.facebook.com/BethKarasInsession (for those of you on Facebook).

So surprise surprise ~no settlement ~

 

[Tulessa]

WOW, a high of 65 today and I thought that was freezing!!!

Happy Thursday to everyone!!

We would call that a heat wave, here in Kentucky. :floorlaugh:

 

[Nore]

FYI to everyone who wondered about the "no provision for parole" issue. Apparently, AZ's "Truth in Sentencing" laws, effective 1994, abolished parole for everyone committing a crime after that time. Who knew? (Well, probably all the criminal lawyers, lol.) I can't find any AZ case assessing whether this was constitutional, but it probably is...UNLESS someone is given a sentence after 1994 that specifically says they are eligible for parole after X number of years. Then I think, as JM said, that person would have a right to FORCE the state to consider their application for parole after X years.

BUT when I look at the capital case sentencing statutes, they do NOT say that the "25-to-life" sentence means the defendant is eligible for parole after 25 years. They say, "If the defendant is sentenced to life, the defendant shall not be released on any basis until the completion of the service of twenty-five calendar years..." That, to me, does NOT grant the right to apply for parole. It just says that IF parole is ever an option in AZ again, then the defendant CANNOT get parole until 25 years are served.

So I think JM was wrong about this. He was arguing as though the sentence would be "life with eligibility for parole after 25 years" instead of "life with NO eligibility for parole until at least after 25 years."

 

[daisymae]

WOW, a high of 65 today and I thought that was freezing!!!

Happy Thursday to everyone!!

It's 73 right now and I've had my little heater on today ... but remember we have the coastal breeze so I also was freezing. :floorlaugh::floorlaugh:

And the grass is still green so I'm not done mowing yet.

 

[josie1986]

Trial Diva Sharee™ ‏@TrialDivasS 60s
Information obtained #JodiArias has filed a motion for a new attorney, wants to fire Kirk Nurmi! Apparently they don't get along any days!

HOLY MOLY

nurmi will be out celebrating tonight :floorlaugh:

 

[Ricki]

Trial Diva Sharee™ ‏@TrialDivasS 60s
Information obtained #JodiArias has filed a motion for a new attorney, wants to fire Kirk Nurmi! Apparently they don't get along any days!

HOLY MOLY

nurmi will be out celebrating tonight :floorlaugh:

How reliable is that info. If that is the case this is going to take way longer than we ever expected. Another JA scam.

 

[josie1986]

How reliable is that info. If that is the case this is going to take way longer than we ever expected. Another JA scam.

http://www.azcentral.com/community/mesa/articles/20131024jodi-arias-files-motions-fire-attorney.html

michael keifer tweeted it with that link

 

[Kensie]

I still think that the killer is trying to delay the trip to Perryville. Right now I guess in jail it is not too bad and not much is expected of her.

The Killer is one crazy person.