Retrial for Sentencing of Jodi Arias - 1/9-1/12 Break - Part 2

[jane the dood]

If you were on this jury currently, where would your mindset be? It sucks that we've only had tweets, but based on the testimony so far (excluding JA's secret one), what would you be thinking?

I would be thinking, "What does any of this have to do with mitigation??" And I would look at Arias, with her dark dead eyes, and think "Even if he was a crummy boyfriend [which I don't believe; he was much kinder to her than she ever deserved], only an animal would premeditate a murder like that - stab, slice and shoot Travis Alexander, basically torture him to death - and then leave him to rot in the shower while she went on her merry way."

Thankfully, Travis and his family have Juan Martinez to wrap this up and bring it home. I can't wait!!!

Although truthfully, I will not cry in my beer if she gets LWOP. Just lock her up, already! Being in the general population at Perryville will be bad for Arias, very bad. She will not be Miss Thang; she'll just be another lifer. I hope she suffers every day for the rest of her miserable, useless life.

 

[Madeleine74]

IF the ASC had overturned the CoA and JSS had already released the transcripts then it could have created an error resulting in a mistrial. I don't know that it absolutely would have, but the defense certainly would have gone to town with it, and any defense team would do the same thing.

 

[Love Never Fails]

Her fear is testifying before the cameras/media. That she will not be able to think clearly. This is testimony already given. There is no danger to what she has already testified to, unless as JM stated in court....she lied. jmo

The reason for Juan to say that, in my opinion, is because he knows Jodi lied. He was there when her secret testimony was given. He knows and he is aware that everyone else will now know and she will be more of a laughingstock than she already is. It's her own fault. This woman doesn't know how to tell the truth.

 

[Sweet Fox]

Someone way upstream made a comment that JSS is allowing Arias to stay in her posh cell instead of going to prison.

Here's JA's actual cell. Posh is not a word I would use to describe living in this cell.

(And before anyone makes the comment, yes I know it's bigger and better than what Travis has to be in.)

View attachment 67273

Unfortunately, she’ll be sent to Perryville which is like a 5 star hotel compared to Estrella. Perryville is a newer facility with larger cells, better mattress, etc. Also if she’s on DR, she can have her own TV and even a fan to cool her off in hot weather. It’s much too nice for the likes of JA.

I wish we had a prisoner exchange program with some third world countries. There she would find out what real hell is and would get the treatment she so richly deserves.

 

[MeeBee]

I agree with what you are saying. She was within her right to release them. I also believe that Nurmi waited till the last minute on purpose. I just wonder that IF the ASC had ruled in Jodi's favor it would mean a mistrial because it would mean that the court believed Jodi had the constitutional right to secret testimony with the terms of them not being released until after trial. Don't get me wrong, I don't think she had the right to testify in secret. I just wonder the what IF and could we then be looking at a mistrial because the court believes her rights were violated.

The defense would have certainly asked for one on those grounds but probably would not have gotten it. She was ordered by the COA to do it thus she would have done nothing wrong that caused a mistrial. Releasing the transcripts would also not have interfered with her right to testify in secret like Lambchop said since she already testified. AZL has already said JSS had the power to release the transcripts the whole time. She simply chose not to.

 

[jane the dood]

Her fear is testifying before the cameras/media. That she will not be able to think clearly. This is testimony already given. There is no danger to what she has already testified to, unless as JM stated in court....she lied. jmo

The reason for Juan to say that, in my opinion, is because he knows Jodi lied. He was there when her secret testimony was given. He knows and he is aware that everyone else will now know and she will be more of a laughingstock than she already is. It's her own fault. This woman doesn't know how to tell the truth.

"The truth and Miss Arias are strangers."

No, wait...that was a different trial!

(Sometimes the parallels are a little freaky, between this and the Anthony trial. I can see Nurmi and company utilizing that other defense team's playbook...are we all waiting for claims that Arias' father molested her?)

 

[LinasK]

Unfortunately, she’ll be sent to Perryville which is like a 5 star hotel compared to Estrella. Perryville is a newer facility with larger cells, better mattress, etc. Also if she’s on DR, she can have her own TV and even a fan to cool her off in hot weather. It’s much too nice for the likes of JA.

I wish we had a prisoner exchange program with some third world countries. There she would find out what real hell is and would get the treatment she so richly deserves.

If Perryville is so much better than Estrella, why is Jodi fighting so hard to delay getting there then???
I do agree with you that she ought to be in prison in Peru. The conditions are alot worse.

 

[Truth Detector]

I love the wordsmiths that post about this case.

So far, testiphony is my favourite--hope it makes it to the Urban Dictionary!

We were using it in the first phase of this trial.

The Tesoro witness was asked by JM about the gasoline receipts, providing useful testimoney.

Some WS'ers characterized Defense witnesses engaging in testibaloney.

And there was that phone recording that included testimoany.

 

[RickshawFan]

Unfortunately, she’ll be sent to Perryville which is like a 5 star hotel compared to Estrella. Perryville is a newer facility with larger cells, better mattress, etc. Also if she’s on DR, she can have her own TV and even a fan to cool her off in hot weather. It’s much too nice for the likes of JA.

I wish we had a prisoner exchange program with some third world countries. There she would find out what real hell is and would get the treatment she so richly deserves.

I was under the impression that newbies at Perryville have a fairly long period of solo confinement until they get "adjusted", perhaps with very little time out of their cells, even for exercise. Plus, JA's presence at Perryville would signify that she is a heavyweight felon for real; she has never wanted to believe this. But the other inmates will soon sort her out, hehe! There might even have been some women at Estrella who have it in for her. Has she been in solitary at Estrella? IIRC, the Sheriff had separated her out of general population.

 

[Madeleine74]

Here's what a typical cell at Perryville Prison looks like:

 

[Truth Detector]

If you were on this jury currently, where would your mindset be? It sucks that we've only had tweets, but based on the testimony so far (excluding JA's secret one), what would you be thinking?

Thanks to trial reporting by tweet, we have comparatively little idea what the jury has and hasn't heard.

The tweets probably constitute less than 5% of the words spoken in front of the jurors aboard this 'slow boat to China' that is the Super Secret Maricopa County Superior Courtroom.

 

[Caylee Advocate]

Someone way upstream made a comment that JSS is allowing Arias to stay in her posh cell instead of going to prison.

Here's JA's actual cell. Posh is not a word I would use to describe living in this cell.

(And before anyone makes the comment, yes I know it's bigger and better than what Travis has to be in.)

View attachment 67273

But, she has an en-suite bathroom. It appears to be a little neater than the room she had at her Grandparents house. It certainly is not where I would like to call home, but she made that choice on June 4, 2008.

 

[Madeleine74]

Her cell is certainly larger than the typical corporate cube (aka "veal fattening pen") a lot of people are subjected to 8 to 10 hours a day, it's larger than the ones I've inhabited in the last 10 years. But no, I wouldn't trade her for her larger pen. Freedom is priceless.

 

[LinTX]

I believe the SC will smack down the defense because it is unconstitutional to block the public and media from a public trial.

My comment about "dog in this fight" was about the attorneys mydirtysecret was mentioning, opining about JSS's intent, which they couldn't really know. Those attorneys are not involved in this case, thus "no dog in this fight."

What made me think you thought the Supreme court had ruled was this post:

Nurmi of course attempted to take the issue all the way to the supreme court and they said NO! This issue is now well and truly dead. It cannot be used by Arias in the future, it will not be used by any defendant in the future. The delay in this phase to litigate this issue means it.is.handled.forever since it went to CoA and then SC.

The attorney opinions are helpful & welcomed by me because of their training and experience in the courtroom. They share the same "dog in the fight" as we all do, but maybe more since client's futures depend on their knowledge of the law and fair application of it in the trial. Since you're discounting their opinion of JSS's reasoning in that post, it was about the right to present evidence in mitigation, not the right to testify, as you stated.

 

[hindsight2020]

I know of only one issue that was taken to the CoA and then on to the S.C. (the whole secret testimony debacle). What other decisions did JSS pass along to courts above her?

She can't stop the defense from appealing a ruling she makes and taking it up the chain to the CoA. She may wish she could stop them, but legally she cannot. She could figure out how to keep court going while an issue might be pending at the appeals level, and that doesn't seem to be a skill she has.

I believe the defense would have appealed this particular issue if JSS did rule against them. She didn't rule against the defense, but the media properly appealed, and there it went up the chain to a higher court. I think it was going to go to the CoA regardless, because I believe the defense was going to push it one way or another.

Hi Madeline,

I do not have all the facts/legal expertise to make a valid argument, as this is merely my opinion, but many delays were/are not justified . . .ie, DT supposedly had a handful of mitigation witnesses at the beginning of this penalty phase, the list recently and suddenly grows to 14 and they have not even subpoenaed, made affidavits, and/or videotaped any testimony thereof, DT has known all along of these witnesses, why wait until the 11th hour to do so? <——rhetorical. Who is in charge?

This attorney puts it in perspective amongst other things, I wholeheartedly agree:

Excerpts:
http://blog.volkovlaw.com/2014/11/the-jodi-arias-sentencing-hearing-can-it-get-any-worse/

“A trial judge is responsible for managing a criminal trial and sentencing hearing. The trial judge determines how each side should present evidence, argues its case to a jury, and should manage the day-to-day experience and work of the jury.”

“Unfortunately for everyone, Judge Stephens allows the Arias defense team to delay a sentencing hearing for over a week. She has burdened the Arizona Court of Appeals with an easy call – the media’s right to cover a public criminal trial.”

 

[IfIMay]

I wanted to carry on from the other thread, the rumored part of testiphony cmja was at. It was rumored indeed rumored that she wasn't yet at meeting travis when the COA intervened on 11/3. The reason I believe this is likely the case, is we all know lkn and jw style is sloooow and illiciting "how did that make you feeeeel" after every single question. I can easily see that after 1 1/3 days on the stand they are probably still up to age 13-15

I hope that is true...lol. some say slow... some say PAINfully slow. Until I saw the clips from the hearing yesterday, I forgot how much I HATE Nurmi's voice. At least this way, we can skip over that part of the video.

 

[Truth Detector]

LOL. I can see it now, objection, objection, sidebar. What I don't understand is why a "so called" expert is allowed to testify in disguise and give a phony name. On what legal premise could this be allowed.

BBM

The judge is the sole arbiter of what does and doesn't fly in her courtroom.

The legal premise is that JA's team requested it and the judge granted it.

How do you become and remain a Maricopa County Superior Court Judge?

Judges are appointed through a merit process. Judicial candidates are selected for their legal ability and professional and personal achievements rather than their mastery of political campaigns.

Applicants for judicial appointment are screened by the Commission on Trial Court Appointments, a non-partisan committee. The Commission reviews all applications, interviews candidates and selects finalists whose names are forwarded to the Governor. The Governor reviews the applications, interviews each finalist and appoints one of them to the bench.

Superior Court judges in Maricopa County remain in office by the approval of voters in retention elections. There are no opponents in these elections. Voters cast a "yes" vote to retain a judge in office. A "no" vote would remove the judge from office. Every two years each judge undergoes a public review process, including a survey of the judges ability by lawyers, litigants, jurors and staff. Judges face a retention election every four years.

​

Source: http://www.superiorcourt.maricopa.gov/JudicialBiographies/judicialList.asp?title=1

 

[Dr. Know?]

Living in AZ during the summer is miserable without A/C. Perryville has swamp cooler which during monsoon season is like living in a hot sauna. The swamp cooler blows air with water making the monsoon season yuck! Having a fan is no great luxury here, either. Phoenix gets hotter than Tucson usually too, 110 plus for weeks. TV? Well, there's not much without cable. JA can enjoy local news, 48 hours, 20/20, American Idol, ha ha...not much honestly unless she has a converter for her "see through" tv, though.

The way I understand it is she would be a level 3 at Perryville, being a murderer for at least 3 years if LWOP. No contact, 23 hours in her cell & 1 hour out. I posted it a while back and forget get all the details. DP, that would be her life, 23/1.

I know JSS's schedule changes like last week, but Jodi was only scheduled one day last week for her penalty phase and just checked JSS's schedule for this week and JA is only scheduled for tomorrow,...so far this week also.

 

[oceanblueeyes]

LOL. I can see it now, objection, objection, sidebar. What I don't understand is why a "so called" expert is allowed to testify in disguise and give a phony name. On what legal premise could this be allowed.

I have no idea how or why this is being allowed. Strange doesn't even begin to cover it.

If I was one of the jurors I would ask him:

'How is it possible when you say you are a 'data scientist' yet you never even went to college?' Don't you think that is being narcissistic and really embellishing something you really aren't?'

 

[Bernina]

I *think* we can all get a better perspective of this case if we understand:

The only things that have remained since the beginning of this case are JA, Juan Martinez, and Travis Alexander. (Shout outs to the CSI team, Det. Flores, and the medical examiner)
The case is into it's 7th year. (2008-2015)
It has gone through defense lawyers like toilet paper.
At least 1 court mitigator.
How many Judges have overseen this case during pre-trial, approved or denied motions, set dates, etc., etc and then had the case passed on to another Judge?
Tons of witnesses who may or may not have actually made it to the stand, and their affidavits and interviews by attorneys.
Evidence in and evidence out.
Pre-Trial TV interviews by CMJA to go through, as well as post trial.
Forged documents. (Letter purported to be written by TA)
Smuggling stuff out of Estrella.
Suicide watches.
How many times has CMJA gone pro per? Twice now.
A move to a bigger court room.
1 Re-Trial of the Sentencing/Mitigation phase
2 juries
Sifting through the continual lies that came before the trial, during, and between the current re-trial, and what's been said on the stand now.
Attorney misconduct charges.
Supposed refusal of witnesses to testify.
"Death Threats".
Evidence revisited.
How many times was a date set for trial and it was given a continuance? How about the plethora of Evidentiary Hearings, Oral Arguments, Status Conferences, Settlement Conferences, Pre-Trial Status Conferences, Trial Management.........
Etc., Etc.,Etc.

Just go down the list:
https://www.superiorcourt.maricopa.gov/docket/CriminalCourtCases/caseInfo.asp?caseNumber=CR2008-031021

The only other case I can think of that even comes close to the length of this one from arrest to sentencing was Bryan Hulsey, and his case log is almost as lengthy and ridiculous. 2-19-2007 to 9-2-2014.

https://www.superiorcourt.maricopa....rtCases/caseInfo.asp?caseNumber=CR2007-111635

When I look at this case, from June 4, 2008 to the present, I would rather Judge Stephens make sure she has all her "I"s dotted and "T"s crossed. Better this case stagger on, the Judge err on the side of caution, than watch the entire thing go down in flames.
There is far too much at stake than "git r done".


JMO