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

[Nali87]

I have a question for AzLawyer as well or anyone else that might know the answer. In Dutch court the role of the judge is completely different than in the US. He or she gets to ask the witnesses questions, demand an investigation etc. It's a very active and investigative role and the judge is not limited by what is presented to him or her by the defense or prosecution.

Now when it comes to this case, can JSS take things into consideration that havent been presented to her by the defense or the prosecution? Can she use what she herself has observed when coming to a decision? For example Jodi claiming to have a big fear of the media yet being on twitter?

 

[LinasK]

My problem with waiting is the jury. These people were told they would need to serve until mid December. The whole DT strategy seems to be to delay until the jurors have to return to their lives, thus forcing a mistrial. That, in my very uneducated opinion, is denying the victim in this case justice. What Nurmi is doing might be legal, but it sure isn't ethical! I think it sets a dangerous mindset that this can be is an effective strategy for defense teams in the future.

The fear of mistrial by juror attritition hasn't happened yet, Nurmi's out of witnesses, his case has to be almost done. We're in the home stretch. I think this jury is invested enough to hang in there.

 

[CarolinaMoon]

I feel so much better after that hearing today. I'm still waiting to SEE it! JSS hit some very good points in her questioning to Nurmi. She does know what he's trying to do here, after all. I imagine she's spent countless hours going over testimony from the trial which is pertinent here.

Crossing my fingers, toes, and eyes waiting for Monday morning, 9:30 AM.

 

[CarolinaMoon]

Still no hearing, but this article

http://www.fox10phoenix.com/story/2...ial-defense-wants-death-penalty-off-the-table

 

[runningwater]

Good nIght to all you
Lovely peeps...love you !






,,

 

[Hez]

I just don't know where he's going with this? What was the purpose? You know I think KN and JW jumped the gun on all of this. They heard "possible child " found and went nuts, not even bothering to find out what exactly was found or who did what. Days of delays, days of hearings and motions to what end? To have some guy testify that a man who was already having sex was also watching ? And that a prosecutor might have updated itunes by mistake on the victim's computer?

Insanity.

ETA: This was in reply to MeeBee. Websleuths on my phone is a pain.

Nurmi must have been disappointed when he found no child on Travis' computer. Considering the type of horrid imagery he no doubt is used to seeing on his sex offender client's computers, I'm sure anything on Travis' computer (which I'm entirely convinced was caused by viruses and the killer herself) was relatively mundane. :moo:

 

[AZlawyer]

I asked a few questions on the other thread that you answered here. I was wondering if she was trying to get committe to a hospital instead of prison. That is why LKN kept saying she was mentally ill.

I did not know where AZ puts those declared 'ill'. I figure she thought she would go to a hospital, maybe stay there for sme time and be let free instead of going to prison...or try and escape.
Thank you for the answer.

Does anyone have a link to where we get to see Juan?

Sure would be great to see the look on JA's face when Nurmi says she's mentally ill!!

Thanks!

AZlawyer,
by the way, is an insanity plea and a mentally ill plea one and the same?

Here are the distinctions:

1. INSANE: This is a big deal. This means you don't know right from wrong. Thus you obviously don't deny your crime, because you don't know it's a problem. You instead, e.g., call your husband and say, "Hey, I drowned the kids to please God FYI." You will not be sent to prison. You will go to a very well-secured mental hospital, probably for life. JA clearly does not fall within this category and no one has ever suggested she does.

2. INCOMPETENT TO STAND TRIAL: This is not as bad as insane. This means you don't really understand what's going on and therefore can't help your lawyer figure out a defense. You will be "rehabilitated" if possible so you can help. If you can't be rehabilitated, you will probably end up in a normal-security mental hospital. JA clearly does not fall within this category and, to the best of my knowledge, no one has ever suggested she does.

3. MENTALLY ILL: This covers a lot of ground. As applicable to the JA case, it includes personality disorders that make you react less reasonably to situations than a more mentally balanced person would react. This can be addressed in mitigation but is irrelevant to guilt vs. innocence. JA is clearly mentally ill. She reacts oddly to situations based on something in her brain that is just not normal. The extent or exact type(s) of her mental illness are up for discussion.

I have a question for AzLawyer as well or anyone else that might know the answer. In Dutch court the role of the judge is completely different than in the US. He or she gets to ask the witnesses questions, demand an investigation etc. It's a very active and investigative role and the judge is not limited by what is presented to him or her by the defense or prosecution.

Now when it comes to this case, can JSS take things into consideration that havent been presented to her by the defense or the prosecution? Can she use what she herself has observed when coming to a decision? For example Jodi claiming to have a big fear of the media yet being on twitter?

First of all, the judge will not be making any final decisions in this case unless the jury says "life"--then JSS will decide between life with the possibility of parole or without the possibility of parole.

When she's making decisions on, e.g., motions, she can consider whatever's presented by the parties and whatever she herself has observed happening in the courtroom. She can also ask questions of lawyers and witnesses (although when the jury's there that's often a bad idea because it tends to give the jury the impression that the judge is on one side or another, which can affect their deliberations). She can't go off and investigate things herself.

 

[Truth Detector]

Hard to believe a full afternoon of court proceedings without LKN saying, "3-hole wonder."

 

[Retrofit]

Does JM get to cross examine JA as to her secret testimony or has he already done so? Or is it just taken along the lines of a victim impact statement and no questions from opposition allowed? If JM can cross, it doesn't seem like it would be much help to JA.

 

[Myvice]

Still no hearing, but this article

http://www.fox10phoenix.com/story/2...ial-defense-wants-death-penalty-off-the-table

YIKES!

After watching the judge nodding her head to Nurmi, now I'm worried! I sure hope we get the whole thing soon!

 

[Retrofit]

Another question. I thought I saw somewhere that they had found a photo of Travis as a child wearing Spiderman underwear, etc. and that it was possible he was merely looking at old family photos and that gave JA the idea to accuse him of child . Did I dream that?

 

[MeeBee]

YIKES!

After watching the judge nodding her head to Nurmi, now I'm worried! I sure hope we get the whole thing soon!

She was nodding toward Juan too. And tbh it didn't look necessarily voluntary to me. She could have a medical thing going on i.e. Parkison's or something else that causes involuntary movements. She usually doesn't nod at all. She never does anything to show what she's thinking or feeling.

Good catch though.

 

[Dmacky]

Another question. I thought I saw somewhere that they had found a photo of Travis as a child wearing Spiderman underwear, etc. and that it was possible he was merely looking at old family photos and that gave JA the idea to accuse him of child . Did I dream that?

Nay. It' true. I'm sure someone else can find it quicker than me. Maybe it was on Travis' Blog ?? (not sure)

 

[Nali87]

Another question. I thought I saw somewhere that they had found a photo of Travis as a child wearing Spiderman underwear, etc. and that it was possible he was merely looking at old family photos and that gave JA the idea to accuse him of child . Did I dream that?

View attachment ta12.jpg

 

[Wolfpack Fan]

YIKES!

After watching the judge nodding her head to Nurmi, now I'm worried! I sure hope we get the whole thing soon!

My thoughts exactly. I felt sure JSS wouldn't drop the death penalty. That nod looks like she is agreeing with Nurmi.

 

[ohreally]

AZlawyer, I have a question. It seems like Nurmi has made no attempt to get his witnesses that don't want to testify in open court to agree to testify another way (video, audio,affidavit). How long would a judge normally give a lawyer to get this done. Seems like it could be another long delay.

 

[ElleElle]

The reason I think it was wrong for JSS to allow special "no cameras" and special "pseudo name" for this witness is now I think Nurmi will request that for other witnesses he has or may even get new witnesses to come on if they will get same special treatment.

It just opens the door for other witnesses to ask this same privilege. I am pretty sure that others yet to testify , will want to have that privelege if it is being handed out like candy.

You called it! Good one!

 

[RR0004]

Michael Kiefer @michaelbkiefer · 12s 12 seconds ago

Eventually, the withheld evidence will derail the case, Nurmi says, hinting at appeal.

"She will never be executed."

Is that the same magical thinking as "No jury will ever convict me?"

He seems to be hitting JSS where she's most vulnerable. He truly believes the Judge is his ace-in-the-whole. IMO

 

[AngelWings444]

YIKES!

After watching the judge nodding her head to Nurmi, now I'm worried! I sure hope we get the whole thing soon!

Yep, she is nodding, as if she is in full agreement with Nurmi that JA can't get a fair sentencing or present mitigation. Not good. JMO

 

[noor]

Where did you watch the judge nodding her head to nurmi?