Jodi Arias Legal Question and Answer Thread *no discussion*

[AZlawyer]

Exactly. And not only is it all likely a made up lie so she can deliver the zinger "my mother didn't beat me enough" or harder or whatever, but does she not realize that we've all seen the exuberantly dressed Mitigation Specialist whose job it is to observe the trial and collect and organize all the potential mitigating factors?

Doesn't make sense does it...... Smells like manipulation to me.


And finally my legal question,

What re will the mitigation specialist play going forward? What re and duties will she fulfill?

She will consult with the attorneys and JA about the presentation of mitigating evidence.

 

[AZlawyer]

Seems odd Arias would tell Fox10 in her recent interview that her defense atty has told her she has NO mitigating factors. None? Zippo?
I looked at a googled-list:
http://crime.about.com/od/death/a/mitigating.htm
one item is: "The presence or absence of any prior felony"
Hmmm, wonder if she has a previous felony that hasn't been made public yet?

Common sense tells me Arias is just telling another LIE and we should brace ourselves for another zinger.

But my legal question for this thread is: is there even such a thing as a convicted murderer who has ZERO mitigating factors for a DT to present?

ETA: here is link where she tells Fox 10 she has no mitigating factors: http://www.myfoxphoenix.com/story/2...ias-told-fox-10-she-has-no-mitigating-factors

She obviously has mitigation to present. I don't know what she's talking about.

 

[AZlawyer]

Sorry if this has been asked before, but what is the earliest that Jodi can appeal after her sentence?

She can appeal 1 second after lol. Or I guess any fraction of a second. Maybe I'm misunderstanding your question.

 

[AZlawyer]

Sorry, AZLawyer, for missing your reply that JA's allegations of pedophilia are considered evidence because she testified to them while on the stand.

I understand that particular rule--kinda, anyway, and the role of the jury in ascertaining whether or not her testimony about the allegations was credible. I was still struggling over why the allegations were admissable on the grounds of relevance. DV allegations, equally unsubstantiated, allowed her to claim self defense, but not so the claims of pedophilia.

Then I remembered the DT claim that JA's discovery of the alleged pedophilia was what caused TA to become violent towards her, and the DT's assertion that the testimony of other girlfriends was essentially irrelevant because only JA knew about the pedophilia and therefore TA had no reason to be violent in those relationships.

A follow-up question, if you have the patience. Was the DT obligated to have a "factual" context for the pedophilia allegations, such as claiming it was the cause of DV, or was JA legally entitled to take the stand, accuse Travis of whatever she wanted to, whether it was relevant or not to the charges against her, and have whatever she accused him of be considered evidence?

Thanks.

It had to be relevant, yes. I think you've correctly identified the relevance in this case.

 

[AZlawyer]

Source: http://www.azdps.gov/Services/Crime_Victims/victimRights/

Victim Impact Statement

The victim impact statement may be either written or oral. It allows the victim to provide information for the judge’s consideration at sentencing. It allows the victim to show the pain, anguish, and financial devastation the crime may have caused. The judge really does not know how truly affected the victim is unless the victim speaks up.

When you give your victim impact statement, you may choose to be very brief - or you may decide to talk at length. You may have other family members join you in giving a statement.

The victim impact statement is the ONLY TIME that you will have to address the one person - the judge - who can decide the fate of the defendant.

The victim impact statement is YOUR TIME - USE IT!!

Some items to consider when deciding what to say (always go into detail)
Physical injuries suffered
Medical treatment required
Psychological injuries suffered
Psychological treatment required
Amount of time lost from work
Prognosis for further psychological treatment
Prognosis for further medical treatment including surgery, therapy, etc.
Lingering pain, anxiety, anguish, and nightmares
The affect on your lifestyle
The affect on your family’s lifestyle
In the event of a death, tell what it is like to get a phone call in the middle of the night, to rush to the hospital and not knowing if your loved one will still be alive when you reach them.
In the event of a death, describe what it is like to explain a death to younger siblings still alive, to the children left behind, or other family members.
In the event of the death of a child, explain what it is like to give birth to a child, raise and nurture them with love and care - and then to have them taken away before they have lived a full life.
In the event of the death of a spouse, tell what it is like to marry the person of your dreams, to plan, to love, to expect to celebrate your 50th anniversary with that person - and then to have them taken away.

Researching this, I cannot find what is allowable or not in Arizona. I have found some interesting pieces which address challenges to the VIS and the likelihood that such challenges backfire on the defendant, now convicted.

One of the things that I am really wondering about is if the family, in their VIS, can address the "continued assault on Travis" through the courts by the convicted murdered after his death. So much of their grief and pain has been suspended, prolonged, magnified, etc. since learning of his death up to this phase of the trial.

IMO they should be able to talk about the continuing harm caused to the family during the trial process.

 

[AZlawyer]

Is it likely that the Judge Stephens will rule in favor of JA wanting the victim impact evidence to be presented by video?

http://ftpcontent.worldnow.com/kpho/KPHO NEWS/defensemotion.pdf

No. IMO there is about a zero percent chance of that happening.

 

[AZlawyer]

Does anyone know what Jean Caseras meant when she said Jodi was being held under C 19? I've been trying to search Arizona laws and have come up empty.

No idea, sorry.

 

[AZlawyer]

Yes, I already knew all that but what I am saying is that it goes further and that it isn't just speculation and that the state actually has PROOF that Jodi wrote the letters in her cell. I'm sure we'll learn more about this after all this is over but they sound very sure that Juan can prove these letters are forged by Jodi in prison.

How do you know this?

 

[AZlawyer]

If jurors believe the defendant's testimony is not credible, can they consider that to be affirmative evidence of guilt, or must they simply disregard that testimony and continue to insist that only the state's case can meet the burden of proof? The jury instructions say jurors must evaluate the defendant's testimony the same as they would with any other witness, but I don't feel that answers my question about affirmative evidence of guilt versus disregarding testimony since other witnesses can't be found guilty of murder and potentially sentenced to death in this trial if they are not believed.

Yes, they can consider the fact that she lied about the crime (including on the stand) in determining guilt.

 

[AZlawyer]

My question please, Nurmi filed a motion the night of the conviction that Travis Alexander’s family record their statements on video instead of making them in-person when the sentencing phase begins. Ms. Arias requests that any and all victim impact evidence be presented to the court via videotape so as to prevent any unpredictable outburst.

She was on the stand for 18 days, live and lying ... now she wants the Alexander family and others to be videotaped! I think she just doesn't care to face these people. I hope the judge denies the motion.

But I want to know does this happen often, victim impact statement being videotaped for the court? I can understand young children being videotaped but not in this case.

Thank you AZ Lawyer and others for taking your time to answer questions. You and this website are the only ones I trust to receive an answer to my sometimes dumb questions.

No, it is not normal unless the victim is unable to attend or cannot deal with appearing in person in front of the defendant.

 

[Ammonitida]

She can appeal 1 second after lol. Or I guess any fraction of a second. Maybe I'm misunderstanding your question.

I mean, the earliest that an appeal will be heard by a court and decided on.

 

[GetToTheTruthNow]

Yes, I already knew all that but what I am saying is that it goes further and that it isn't just speculation and that the state actually has PROOF that Jodi wrote the letters in her cell. I'm sure we'll learn more about this after all this is over but they sound very sure that Juan can prove these letters are forged by Jodi in prison.

Well, I know the legal brief that was filed and shown online. The claim by Martinez was these letters were re-typed or photo-copied letters from Arias that she copied from hand-written letters from Travis. She could not produce those hand-written letters in his hand-writing. I see what you are saying, but how could see type them in prison? Do they have those resources? How could they easy not be found in her prison cell when she has already been busted for six cell violations including hiding 19-photos. The only other factors could be is that wrote them well in advance and/or before she went to Jail. Chris Hughes said he and Sky went through all the messages and she sent a message about going to the cops on a Monday before he was killed. I think she was trying to set him up for a long time. Also--maybe some of these domestic violence counselors guided her in some way or provided info. Arias can give multiple explanations on how the originals were lost, or stolen, or taken, so how can you prove that?

 

[GetToTheTruthNow]

Yes.



If she wasn't offering the letters as evidence any more, I'm sure JM didn't want the jurors reading them! There's always a chance that one juror would say "now I have reasonable doubt because these might be real..."

Yes, I agree with that--, but it wasn't so much that she wasn't offering, but the Judge ruled against them, but it would have been nice to say there was no hand-written letters by Travis but only re-typed letters by Arias and they appeared to be forged--AND keep them out at the same time because they are prejudicial. Then emphasize she is a liar again. However you are correct, it only takes one juror to read into this and hindsight being 20-20, although we knew she lied, no one was prepared for how OFTEN she lied on everything and Juan couldn't have anticipated that as well before the trial--because at the end, they didn't believe anything she said.

 

[AngelWings444]

No question here. Just wanted to wish all our WS attorneys a Happy Mother's Day. Have an amazing day and thank you!

 

[Nhic]

Now that the jury has delivered a murder 1 verdict, are they still prohibited from accessing/watching media coverage on this case prior to the aggravation/penalty phases? TIA

 

[MeeBee]

Well, I know the legal brief that was filed and shown online. The claim by Martinez was these letters were re-typed or photo-copied letters from Arias that she copied from hand-written letters from Travis. She could not produce those hand-written letters in his hand-writing. I see what you are saying, but how could see type them in prison? Do they have those resources? How could they easy not be found in her prison cell when she has already been busted for six cell violations including hiding 19-photos. The only other factors could be is that wrote them well in advance and/or before she went to Jail. Chris Hughes said he and Sky went through all the messages and she sent a message about going to the cops on a Monday before he was killed. I think she was trying to set him up for a long time. Also--maybe some of these domestic violence counselors guided her in some way or provided info. Arias can give multiple explanations on how the originals were lost, or stolen, or taken, so how can you prove that?

All I know is that Beth Karas said the state has proof Jodi wrote the letters in her cell. I don't think she'd say that unless it were true. My understanding is that Juan has some sort of tangible proof but I don't know what it is, which means to me she wrote them and then passed them along to be either typed up or copied via copier. We probably will not know what it is until the whole trial is over, but it makes sense since the DT has not even tried to use them anymore.

 

[Lisa57]

Well, I know the legal brief that was filed and shown online. The claim by Martinez was these letters were re-typed or photo-copied letters from Arias that she copied from hand-written letters from Travis. She could not produce those hand-written letters in his hand-writing. I see what you are saying, but how could see type them in prison? Do they have those resources? How could they easy not be found in her prison cell when she has already been busted for six cell violations including hiding 19-photos. The only other factors could be is that wrote them well in advance and/or before she went to Jail. Chris Hughes said he and Sky went through all the messages and she sent a message about going to the cops on a Monday before he was killed. I think she was trying to set him up for a long time. Also--maybe some of these domestic violence counselors guided her in some way or provided info. Arias can give multiple explanations on how the originals were lost, or stolen, or taken, so how can you prove that?

BBM - IIRC she said she would speak to her attorney on Monday. I don't recall anything about "cops".

 

[AZlawyer]

All I know is that Beth Karas said the state has proof Jodi wrote the letters in her cell. I don't think she'd say that unless it were true. My understanding is that Juan has some sort of tangible proof but I don't know what it is, which means to me she wrote them and then passed them along to be either typed up or copied via copier. We probably will not know what it is until the whole trial is over, but it makes sense since the DT has not even tried to use them anymore.

IMO if JM had actual irrefutable proof that Jodi wrote those letters in her cell, he would have presented that proof along with the magazine code evidence--to show that she is attempting to fabricate evidence, which shows a consciousness of guilt. If he had really solid proof, he would not be risking having a juror believe that the letters were really from Travis. IMO whatever "proof" he has is not ironclad.

 

[AZlawyer]

Now that the jury has delivered a murder 1 verdict, are they still prohibited from accessing/watching media coverage on this case prior to the aggravation/penalty phases? TIA

Yes, definitely.

 

[AZlawyer]

Yes, I agree with that--, but it wasn't so much that she wasn't offering, but the Judge ruled against them, but it would have been nice to say there was no hand-written letters by Travis but only re-typed letters by Arias and they appeared to be forged--AND keep them out at the same time because they are prejudicial. Then emphasize she is a liar again. However you are correct, it only takes one juror to read into this and hindsight being 20-20, although we knew she lied, no one was prepared for how OFTEN she lied on everything and Juan couldn't have anticipated that as well before the trial--because at the end, they didn't believe anything she said.

The judge did not rule against the letters coming into evidence. The parties were in the middle of a hearing regarding the letters, with Jodi acting as her own counsel, when she asked to have her counsel reappointed. The first thing her lawyers did was to withdraw the request to have the letters admitted as evidence. IMO that suggests that her lawyers knew something that triggered ethical duties prohibiting them from introducing the letters as evidence.