GUILTY AZ - Dale Harrell, 34, beaten to death, Gilbert, 14 Jan 2009 #2

[Chelly]

THAT'S IT!
I am never again going to invest myself in another AZ trial.:banghead:
...........except for Juan's.:blushing:

 

[Rhozwen]

The Trial DivaS



Airtight Divas and Divos here's the lowdown in Marissa Devault. The jury only needs to accept one factor unanimously in order to move forward. Right now it appears they are unanimous in one factor, however we must remember it does not mean that they are unanimously accepting the factor. This means they would have to move to second factor. If they are hung on that 2nd factor, it would be hung and they are done as judge said. So we need to wait and see what they are in agreement on and see if they can unanimously accept one of them so they can proceed to mitigation phase. They continue deliberations until 4 pm today and return on Monday at 10:30 am. Hope this helps and makes sense.

I was super confused on this. I have read it over and over again, and think I finally got what it's implying.

The jury is unanimous on one of the factors that it is NOT a mitigating factor and they are hung on the 2nd one. So either they think it wasn't cruel OR wasn't financial gain and they are hung on the remaining one.
If they can't get it together on the 2nd mitigating factor and they are hung on this - what does this mean? A repeat of JA's trial and a new jury has to be brought in??

My question is, how on earth can they find her guilty of 1ST DEGREE MURDER and not easily agree on the mitigating factors???
She beat her husband in the head with a hammer A HAMMER!! and then LIED about it, owed someone hundreds of thousands of dollars, and took out a NEW insurance policy on her husband days before she attacked him!!
What is left to debate about?? The facts are SOLID!

I think they are unanimous that it's not financial gain - I think they may be doubting that she owed Flores anything and/or she didn't need insurance money since he paid for whatever she wanted.

So that leaves cruelty on the table.

Come on Jury, say it out loud to yourselves..
SHE BEAT HIM IN HIS SKULL WITH A HAMMER!! He then suffered for 3 weeks until he threw a clot and died.
That is cruel, cruel, cruel ladies and gents..get with it. :banghead:

 

[Bernina]

I was super confused on this. I have read it over and over again, and think I finally got what it's implying.

The jury is unanimous on one of the factors that it is NOT a mitigating factor and they are hung on the 2nd one. So either they think it wasn't cruel OR wasn't financial gain and they are hung on the remaining one.
If they can't get it together on the 2nd mitigating factor and they are hung on this - what does this mean? A repeat of JA's trial and a new jury has to be brought in??

My question is, how on earth can they find her guilty of 1ST DEGREE MURDER and not easily agree on the mitigating factors???
She beat her husband in the head with a hammer A HAMMER!! and then LIED about it, owed someone hundreds of thousands of dollars, and took out a NEW insurance policy on her husband days before she attacked him!!
What is left to debate about?? The facts are SOLID!

I think they are unanimous that it's not financial gain - I think they may be doubting that she owed Flores anything and/or she didn't need insurance money since he paid for whatever she wanted.

So that leaves cruelty on the table.

Come on Jury, say it out loud to yourselves..
SHE BEAT HIM IN HIS SKULL WITH A HAMMER!! He then suffered for 3 weeks until he threw a clot and died.
That is cruel, cruel, cruel ladies and gents..get with it. :banghead:

BBM: Ok, here goes..........

They have to decide yes, no, or hung, separately, on both of the "factors" in this "Aggravation Phase" not "Mitigation Phase". There is only "Guilt, Aggravation, and Penalty" phases.

They are unanimous on one, could be "yes" or "no".
They are unsure on the second, not quite "hung" yet. "Yes' or "no" are still in play.

The point is they cannot give their "verdicts" until both factors are decided on. So they may have already agreed "yes" on the first aggravating factor, and are splitting hairs on the 2nd.

Does that make sense?

5 blows to the head, with a fist size hole, fractured skull like a puzzle, and a month barely clinging to life seems especially cruel to me. Easy to wrap your head around. No brainer.
Financial gain? Some of the jurors may be thinking she deserves of pass because of her ignorance of insurance payout procedures and payments, (NOT me) or an attempt to pay off Flores with the benefits. <----that seems like a no brainer also, but we did not see the trial and don't know what we have missed. The jury may be going through a lot of evidence we have no clue about. And, this is a "Death Penalty Qualified" jury, and they really want to make sure they get this right. Life or Death would weigh heavily on anyone's mind in this situation.

Keep the faith!!!lease:

 

[Rhozwen]

BBM: Ok, here goes..........

They have to decide yes, no, or hung, separately, on both of the "factors" in this "Aggravation Phase" not "Mitigation Phase". There is only "Guilt, Aggravation, and Penalty" phases.

They are unanimous on one, could be "yes" or "no".
They are unsure on the second, not quite "hung" yet. "Yes' or "no" are still in play.

The point is they cannot give their "verdicts" until both factors are decided on. So they may have already agreed "yes" on the first aggravating factor, and are splitting hairs on the 2nd.

Does that make sense?

5 blows to the head, with a fist size hole, fractured skull like a puzzle, and a month barely clinging to life seems especially cruel to me. Easy to wrap your head around. No brainer.
Financial gain? Some of the jurors may be thinking she deserves of pass because of her ignorance of insurance payout procedures and payments, (NOT me) or an attempt to pay off Flores with the benefits. <----that seems like a no brainer also, but we did not see the trial and don't know what we have missed. The jury may be going through a lot of evidence we have no clue about. And, this is a "Death Penalty Qualified" jury, and they really want to make sure they get this right. Life or Death would weigh heavily on anyone's mind in this situation.

Keep the faith!!!lease:

Thank you for the clarification. Yes it makes complete sense now.
I didn't realize that they have to decide on them separately.
It makes it difficult to understand it all when we aren't viewing the trial for ourselves.

I'll keep the hope. :candle:

 

[Nymeria]

Some video from 20/20 (about 7 minutes long) -

Wife Blames Years of Abuse in Husband's Murder


http://abcnews.go.com/2020/video/wife-blames-years-abuse-husbands-murder-23299467

 

[Bernina]

Some video from 20/20 (about 7 minutes long) -

Wife Blames Years of Abuse in Husband's Murder


http://abcnews.go.com/2020/video/wife-blames-years-abuse-husbands-murder-23299467

Great video! And we got to get a peek at our "fav" reporter Keifer!:facepalm:

It gets kind of annoying that they show CMMD's pic of her in a hospital gown after she had Stan beat the bejesus out of her....at her bidding. The one with her black eyes.

Fantastic catch, Nymeria!
:gthanks:

 

[Bernina]

:skip: :skip: :skip: :skip: :skip:

Well............think we'll see a completion to the Ag phase before Easter?

 

[Bernina]

Trial Diva Sharee™ &#8207;@TrialDivasS 8m
Good morning....it's another fabulous Monday! Today #MarissaDevault resumes at 10:30 am....Will jury have a verdict on aggravating factors?

 

[Bernina]

http://www.kpho.com/story/25117104/devault-jury-mulling-her-eligibilty-for-execution-returns-monday

 

[Chelly]

Good Morning WS Friends!
I honestly don't care at this point whether MD, BFF of JA, gets the DP or LWOP. I just would hate to see her out on parole in 20-25 years. She doesn't deserve the day-to-day hope the possibility of parole would allow her. She left Dale with no hope for life; she deserves less.....IMO!



http://www.kpho.com/story/25117104/devault-jury-mulling-her-eligibilty-for-execution-returns-monday

The jury at the trial of Marissa Devault deliberated for a second day on Thursday over whether there were "aggravating factors" that would make her eligible for execution for the 2009 death of Dale Harrell.

If such factors are found, jurors will be asked to consider whether she should be sentenced to life in prison or to death.

But if none are found, a judge will sentence Devault to either the rest of her life in prison or life in prison with the possibility of release after 25 years.

 

[Bernina]

Christina &#8207;@TrialJunkee 11m
HLN says when the verdict is handed down in hammer down #MarissaDevault they are going to bring it to us live! Hm wonder what live means

 

[geevee]

AZ Family &#8207;@azfamily · 1m
JUST IN: There is now a verdict in aggravation phase of the #MarissaDevault trial

 

[geevee]

Trial Diva Sharee&#8482; &#8207;@TrialDivasS · 1m
@XXXX No camera yet....we will see!

 

[kimi_SFC]

Pins and needles!


Sent from my iPhone using Tapatalk

 

[Nymeria]

Christina &#8207;@TrialJunkee 11m
HLN says when the verdict is handed down in hammer down #MarissaDevault they are going to bring it to us live! Hm wonder what live means

*BBM*

It means 3 hours after it happens and with commercials and the "comcast newmakers" breaks it will take about 2 hours to show 15 minutes of actual court time...

:giggle:

 

[geevee]

Trial Diva Sharee&#8482; &#8207;@TrialDivasS · 55s
#MarissaDevault loves the bun as she sports another one
---

Buns don't seem all that lucky in AZ these days.

 

[Bernina]

Trial Diva Jen &#8482; &#8207;@TrialDivasJ 56s
No camera here we go #MarissaDeVault

 

[Nymeria]

Trial Diva Jen &#8482; &#8207;@TrialDivasJ 43s

No camera here we go #MarissaDeVault

 

[geevee]

Trial Diva Jen &#8482; &#8207;@TrialDivasJ · 1m
No camera here we go #MarissaDeVault

 

[Nymeria]

:floorlaugh:
Bernina! :seeya:

*sitting on my hands* gonna let you handle this

Ohhhh Geevee too!