Jodi Arias Legal Question and Answer Thread *no discussion*

[AZlawyer]

"You read journals aside from the one's presented here in court?" JM
"Yes I did." ALV
"As a result of reading those journals you've said here......." JM

Does this now open the door for all the new journals that are being released to be admitted? ie would like to duck tape the light switch....shut off the life force.....dreams etc...

Is it normal for the mitigation specialist to break out in laughter in court? Will she get fined or reprimanded somehow? I would think this would not be professional, especially after the note slipping incident. Is there any teeth that she should not have slipped the note to JA's mom or is she a go between for ja and her mother?

What are the ramifications of Juror #5 being in the court room? Mistrial? Is this a good idea?


Thanks in advance for the opinions!

The new journals could come in if relevant. I suppose JA would have to be called back to the stand to authenticate them unless the parties stipulate.

It is not "normal" for someone on one side to break out in laughter during a serious criminal jury trial. But nothing will happen to her.

She should not have been passing notes to JA's mother (assuming that happened). Nothing should be passed without going through the deputy. But again, there are more important things to deal with and so nothing will happen to her.

There are no legal ramifications of a former juror watching the trial from the gallery. I don't see anything wrong with it.

 

[AZlawyer]

Do jurors generally know that it is perfectly fair to test a witness's demeanor during cross-examination? I ask because today we saw an expert witness, who should know better, challenge the demeanor of the prosecutor by inquiring as to whether he was angry, which suggests to me that this witness might be counting on the jurors not to know basic rules of evidence in the hope that she can distract them from the actual evidence, which includes her demeanor, and not his. Will there be an instruction to the jury at some point to tell them that the demeanor of the prosecutor is not an issue for them to consider?

No, the jury will not be told that they can't consider the demeanor of the prosecutor. But if they are following instructions to determine if certain facts are true or not true, I can't imagine how they would believe the demeanor of the prosecutor would make a fact more likely to be true or false.

 

[AZlawyer]

can anything be done about Donovan Bering (felon) being able to attend this trial? her and JA communicate w/their sneaky little looks....I believe she is JAs eyes and ears on the outside and I think they are drumming up trouble in hopes of a mistrial.....her behavior in the courtroom is astonishing and she is very intimidating towards jury and TAs family.

No. Felons are allowed to attend trials just like anyone else. If she is disruptive or making faces, etc., then she could be kicked out. Someone would have to complain, though--probably more than one person.

 

[AZlawyer]

Can a judge call counsel up to the bench and order that the (in this case) defense attorney to 'wrap it up'?

Yes. But she won't, unless the line of questioning is really just off topic.

 

[AZlawyer]

I have another question. I'm not sure it is appropriate here, but I couldn't find a better place, so sorry....

In your professional experiences, does the fact that JA uses only one specific descriptor for certain events or feelings, instead of being able to describe the event/feeling in another way, indicate she has only memorized a "script" instead of actually experiencing it?

ie: linebacker, body slammed, fog, etc.

Yes. Hopefully some of the jurors will notice this too.

 

[AZlawyer]

So...I know that in civil litigation the process beings with a Complaint - detailing the nature of the dispute and the authority for the bringing it to a particular court of law - and then there is an Answer that responds to the Complaint in a variety of possible ways. In criminal law, the equivalent of the Complaint is the Indictment, yes? And the equivalent of the Answer is the defendant's Plea at arraignment, yes? In this case, JA formal plea was 'self defense.' Yes? And the testimony she's presenting is attempting to present with respect to domestic violence and 'battered women's syndrome is an effort to circumvent the reasonable responsive force requirement for self defense. Is that right?

Okay, this is my question: I'm seeing a lot of testimony and evidence from the defense crew that seems to be more consistent with a 'heat of passion' defense. Since that's not what JA pleaded to, can the DT in it's closing also argue 'heat of passion' in tandem with their 'self defense' theory? If so, will they also be allowed to ask for a lesser included offense instruction to the jury on that basis? I mean, will they be able to ask for a jury instruction to the effect that "well, I did it in self defense but if you think that I'm full of crap and used way more force that I faced, then I claim that I did it in the heat of passion so find me guilty of that." Okay. That was way wordy. Shorter version: can she start adding 'pleas' to (and get jury instructions for) lesser or different charges at this late date when it's clear that her original claim is going over like a lead balloon? TIA!

Supposedly, the DV testimony is being presented to explain why JA, as a battered woman, felt deadly force was necessary when a "reasonable person" might have felt it was not necessary. But JA never said she thought deadly force was necessary...she said she thought the gun was unloaded, and it went off by accident...so whatever. :waitasec:

Anyway, "heat of passion," by which I'm thinking you mean manslaughter, is not a defense at all. It is just a lesser included offense of 1st degree murder. She doesn't have to "plea" to that--the judge has to instruct the jury on any lesser included offense that is reasonably supported by the evidence.

 

[AZlawyer]

Arizona's Victims' Bill of Rights:

Section 2.1. (A) To preserve and protect victims' rights to justice and due process, a victim of crime has a right:

1. To be treated with fairness, respect, and dignity, and to be free from intimidation, harassment, or abuse, throughout the criminal justice process.

11. To have all rules governing criminal procedure and the admissibility of evidence in all criminal proceedings protect victims' rights and to have these rules be subject to amendment or repeal by the legislature to ensure the protection of these rights.

12.(C) "Victim" means a person against whom the criminal offense has been committed or, if the person is killed or incapacitated, the person's spouse, parent, child or other lawful representative, except if the person is in custody for an offense or is the accused.

This judge should be removed from the bench after this trial for not enforcing the Arizona Victims Bill of Rights. Is there any thing that can be done to have them enforce this now or is it to late or because the victim is dead does that mean his rights are gone?Travis 's rights as a victim are being violated daily! It makes me sick what they are doing.

How is it not being enforced???

 

[pip]

Can the state use the videotaped interviews of her parents, more specifically the statement her mom made about Jodi telling her she had gas receipts that prove she didn't go to Arizona? Or would they have to call them to the stand as witnesses to use it (which they don't want to do) ? How does this work?
TIA!~

 

[weeeva]

Could someone explain this to me? Why was ALV not allowed to read directly from the emails in front of her, but only give her interrpretation of them?
Why is some of the written evidence (texts, emails) shown to the jury and some hidden from them? Why have them as evidence in the first place, if the jury is not allowed to see them?
Sorry for being such a thicko.

 

[sourgrapes]

How is it not being enforced???

Was it illegal for ALV to walk from the witness stand, straight up to Samantha Alexander and confront her; or, just a dumb move?

Can the defense team be sequestered, along with their witnesses, through the remainder of the trial? (J/K)

Okay, okay..serious question:
Can the defense team be held accountable for the actions of their witnesses, during the duration of the witness's testimony? Or, can this be brought up to the jury, to help impeach the witness's credibility and/or professionalism?

 

[Chester_from_THM]

Has anyone explained what Juan is trying to accomplish with this Snow White testimony?

I have never seen anything like this, and I just don't get it.

Is it that ALV could determine that anyone was abusive and/or abused; that it is subjective, not objective?

 

[katiewonders]

Even though your work might not be in criminal court, I ask our four verified lawyers, would you still like to cross examine AL?

 

[discogirl]

When a juror is excused are the other jurors told the reason & who requested for the juror to be excused? (Are they given any explanation at all?) In regards to juror 5's appearance (I am not for or against it), is it in the realm of possibility that this could influence the jury and cause a mistrial or affect any future appeals? Obviously, I'm not a lawyer so this is concerning me.

 

[irishnate]

Prior to this case going to court, does anyone know if JM interviewed JA or was he just going by Dt. Flores interviews, evidence( journals) and other depositions given. I know he previous interviewed Dr. Samuels and ALV but I was curious if anyone knew if he previously interviewed JA. Thank you in advance.

 

[BelMal11]

Can JM use ALV's book where she DOES talk about Snow White in court? Use quotes from it? Because she does talk about Snow White being an abused woman in her books.

Thanks!

 

[Spool]

Juror#5 received an early dismissal and is now free to observe from the gallery. Right?
When the time comes for deliberations by the Final 12, will the five remaining jurors be released from admonitions? If not, will they still be required to report to the courthouse for jury duty at $12 an hour?

Thank you very much for patiently explaining the law to us.

 

[AZlawyer]

Juror#5 received an early dismissal and is now free to observe from the gallery. Right?
When the time comes for deliberations by the Final 12, will the five remaining jurors be released from admonitions? If not, will they still be required to report to the courthouse for jury duty at $12 an hour?

Thank you very much for patiently explaining the law to us.

Yes, Juror 5 is free to observe.

I believe where there is a potential death penalty the alternates are NOT released from the admonitions, because they might be called back for the penalty phase. They will not be required to report to the courthouse during deliberations, though.

By the way, it's $12 per DAY, not $12 per hour!!

 

[AZlawyer]

Can JM use ALV's book where she DOES talk about Snow White in court? Use quotes from it? Because she does talk about Snow White being an abused woman in her books.

Thanks!

Sure, if he thinks he needs to go into that line of questioning any further.

 

[AZlawyer]

Prior to this case going to court, does anyone know if JM interviewed JA or was he just going by Dt. Flores interviews, evidence( journals) and other depositions given. I know he previous interviewed Dr. Samuels and ALV but I was curious if anyone knew if he previously interviewed JA. Thank you in advance.

No, he didn't personally interview her.

 

[AZlawyer]

When a juror is excused are the other jurors told the reason & who requested for the juror to be excused? (Are they given any explanation at all?) In regards to juror 5's appearance (I am not for or against it), is it in the realm of possibility that this could influence the jury and cause a mistrial or affect any future appeals? Obviously, I'm not a lawyer so this is concerning me.

No, the jurors are not normally told anything. Obviously, though, the ones who reported knowing about whatever comment she made would have a pretty good idea of why she was dismissed.

I can't imagine how her presence in the gallery could cause a mistrial or create any appeal issues.