Retrial for Sentencing of Jodi Arias - 11/26 -12/02/14 In recess

[elementary]

This is great news! Thanks to David Bodney who so eloquently said "Darkness looms in this case unless the court steps in and enforces the first amendment rights of the press and public."

So, 'open the courtroom doors' and let us hear what this most secret (not anymore, ha!) witness has to say!

I'm presuming this means a release of transcripts to follow?

 

[MeeBee]

Did JSS lose her mind!? What's this catering to Jodi's demands? Seriously, until I read it in the order, part of me still won't believe it.. Because what reason could have there been that justify such secrecy!?

I think she really thought her hands were tied. Jodi was refusing to testify with the public present and she didn't know what else to do. She was worried if Jodi didn't go up because of the media presence that'd be an appeal. Luckily, the COA stepped in. Now the judge doesn't have to worry about that because their decision is on record.

 

[Hatfield]

Whatever witness was on the stand "in secret" now has to get back on the stand for cross publicly. There is no way that the witness can say no to returning to the stand now. If it was JA, Juan will be allowed to do the cross of what she had already testified to. Is all of that correct AZLawyer?

Good point.
I had forgotten about that.

Kind of throws a snag in things if JA refuses to continue to testify.

Since we know JSS sometimes gives in to the DT then I wonder if she will ask the DT if they want all her testimony stricken from the records and for the jury to ignore it. That would be 1 way to remedy if JA refuses to continue in public.

Another option if JA doesnt want to continue is to limit Juans cross to just what was covered.

It seems there would be a remedy. I just hope JSS is strong enough to be firm in her actions and doesnt allow some new appeal to go to the Supreme Court or something like that.

 

[CarolinaMoon]

Between Juan's most excellent cross and destroy mission the past two court days and the Appellate Court decision, it is a happy Thanksgiving indeed. (Psst... JA... enjoy your tofu turkey casserole).

I can't wait to read the actual decision. Also, I do believe at some point, the public is entitled to a transcript of her super-secret testiphoney.

 

[MeeBee]

@xxxxxxxx: @ericksonvision will we be able to at least read her testimony?

@ericksonvision: @xxxxxxxx Media will file a request for the transcript but there are some legal issues at play so it might take a little bit of time

 

[MeeBee]

@jeffgoldesq: #JodiArias Court of Appeal s reverses secrecy order. Will Jodi continue to testify or chicken out ...cluck cluck cluck

 

[Nali87]

I think she really thought her hands were tied. Jodi was refusing to testify with the public present and she didn't know what else to do. She was worried if Jodi didn't go up because of the media presence that'd be an appeal. Luckily, the COA stepped in. Now the judge doesn't have to worry about that because their decision is on record.

I can understand her original decision but what reason could have been not to even grant the stay when the media asked for it?

 

[CarolinaMoon]

Good point.
I had forgotten about that.

Kind of throws a snag in things if JA refuses to continue to testify.

Since we know JSS sometimes gives in to the DT then I wonder if she will ask the DT if they want all her testimony stricken from the records and for the jury to ignore it. That would be 1 way to remedy if JA refuses to continue in public.

Another option if JA doesnt want to continue is to limit Juans cross to just what was covered.

It seems there would be a remedy. I just hope JSS is strong enough to be firm in her actions and doesnt allow some new appeal to go to the Supreme Court or something like that.

I have a feeling that if JM had the opportunity to cross JA on what testiphoney she did give, he'd be happy as a clam.

 

[Tuba]

This was a bad, bad week for the killer. Yes, I've adjusted my calendars with appropriate adjustments from my marking pen. A week is what we used to know as "two days". Of the killer's reactions to examinations of testimony, observations of those in court are all we have. That includes a very few observations by eye of the camera. What perceptions leak through seem odd. Dr. Samuels testified that Arias has a jail psychiatrist & a therapist who prescribe anti-depressants and tranquilizers for her. He knows that from her medical records and because she told him so. The jurors wanted to know about that on March 21, 2013 & he answered their question. Under the influence of meds to cheer her, I believe the way she judges if her mitigation is going well is whether her attorneys & her witness are complying with her wishes.

Although it's tempting to guess Nurmi found Dr. Fonseca due to his clientele concentration, it would seem Arias located her. While she represented herself, she created her support list for mitigation and it did not remain secret. Included was a psychologist who visited her at the jail. (There was also a p.i., Dorian Bond.) She had access to the internet & again, someone may have referred her to Dr. F. during her search. We know Arias, so pedophilia would have been her interest when looking for an expert.

There's a trap in store when you're a liar & a deceiver. Arias cast about for someone to reinforce her allegations, a mouthpiece. The evidence was not there to support Arias nor the opinion of Dr. F. Arias failed to learn from her experience with Dr. Samuels. She claimed she was in traumatic stress a year after the murder and that it was an event she witnessed. His findings were shredded on the stand & he had failed to administer the ancillary deception probe. The further she exerts her will, the more she is exposed as a relentless killer. A crafty trick, with folders.

 

[MeeBee]

I can understand her original decision but what reason could have been not to even grant the stay when the media asked for it?

Lol, I can't really understand either decision so beats me!

 

[AZlawyer]

I have a few questions, for those who know. Could an expert witness ask for and receive evidence from both sides? Are all expert witnesses paid? Thanks

There's no need to ask the prosecutor for evidence, because the defense is in possession of all the same evidence. What a smart expert would do is to say, "OK, defense, I've read your stuff and it looks pretty good. Now please send me whatever you think the prosecutor will use in cross so I can be prepared."

ETA: Almost all experts are paid. Slavery is illegal so you can't force someone to spend 100 hours reviewing your material and giving their professional opinion for you. I did have one expert (a pharmacist) absolutely refuse to accept any fee for testifying in a case where a pharmacist made a mistake that led to a woman going into a coma for 3 mos and emerging with brain damage. Once we told the other side that he wasn't being paid (and therefore would have excellent credibility with the jury), they agreed to settle.

Dr. Fonseca testified that there were 30 boxes of material for her to peruse. How would she know which material to read? If not all of it? She seemed to cherry pick what she read. The only plausible explanation I can think of is that the DT gave her what they wanted her to review.

If I were an expert witness, I think I would have watched the entire first trial. At $275 or whatever amount per hour, she could have charged for reviewing it. Do experts ever work for a flat fee?

Yes, some work on a flat fee.

It is very interesting to me because Sexual Offender Perpetrator Treatment is a very specialized tract of her profession. I did not find any supporting information about how she earned this achievement. I found her article to be very supportive of releasing "abusive" sexual perps because she didn't feel that warehousing them in prison was helpful to reducing their crimes and furthered that they become more abusive as a result of the incarceration "of higher education". If so, then Jodi's 6 years behind bars only serves to make her more of a murderer, no?

This "sex expert" who's card states "The Clinic for Sexualities" testifying on the dynamics of Travis and Jodi's relationship (but let's not get distracted about the sex), however the one thing she did testify that in her expertise she did not find that Travis was a pedophile.

BBM

And that was the only thing she said that she was actually qualified to say. The jury should write this down as her professional opinion.

A couple of quick questions:

How many days was the secret witness on the stand? I assume we do NOT know if Juan started/finished his cross of this witness? If not and it is JA, I assume we will eventually see Juan cross JA again, correct?

I think it was only for a half-day ultimately. See below re: cross.

Did JSS lose her mind!? What's this catering to Jodi's demands? Seriously, until I read it in the order, part of me still won't believe it.. Because what reason could have there been that justify such secrecy!?

I feel exactly the same way.

Good point.
I had forgotten about that.

Kind of throws a snag in things if JA refuses to continue to testify.

Since we know JSS sometimes gives in to the DT then I wonder if she will ask the DT if they want all her testimony stricken from the records and for the jury to ignore it. That would be 1 way to remedy if JA refuses to continue in public.

Another option if JA doesnt want to continue is to limit Juans cross to just what was covered.

It seems there would be a remedy. I just hope JSS is strong enough to be firm in her actions and doesnt allow some new appeal to go to the Supreme Court or something like that.

She can't refuse to subject herself to cross, and JSS needs to make that clear to her, even if she has to handcuff her to the witness chair.

 

[Nali87]

Wait a second.. Jodi took the stand and I assume will continue to testify!! :happydance: Do you all know what that means!? That Juan will get a chance to DESTROY her again. :loveyou:

 

[daisydomino]

@william_pitts
COA ruling re: #JodiArias testifying in secret. @12News

 

[MeeBee]

A bad week indeed. The defense has spent all this time setting up an appeal regarding the media's presence and threats against witnesses and boom. Just like that, it's blown out of the water. I think this was a scheme by Jodi to really solidify that ("the damage has already been done," she once said, in her best lawyer voice) and Nurmi got all giddy about closing off the rest of his case when judge made the decision.

Right about now, Jodi shouldn't be feeling too good about the appeals court's ability to side with her, which will be her only shot at freedom, in the future. She thinks if she can create enough of a ruckus she can manipulate them just like she manipulated everyone else. But those judges are one tough crowd. She's gonna have to do better than this.

 

[Frigga]

I am going to say this here, it is only an opinion of mine, so take it for what it is worth. Let me also say, that I come from a suspicious place because of circumstances in my own family of origin. I have wanted to write this for many days but just couldn't bring myself to. WS has always been a very safe place for me... so here goes.

While we were on break, due to the secret witness I went back and watched some original trial testimony. I skipped around quite a bit. I ended up watching Jodi's allocution. I first believed that Alyce was the secret witness but also had a niggling that it was actually Jodi... that niggling intensified after realizing a professional wouldn't need to hide, from everything AZL was saying. She also said that it wouldn't be the defendant either but I couldn't shake my suspicions.

Anyway, while I was watching the allocution a part of it really stuck out to me, the spot where Jodi seemed to get the most emotional was when talking about her baby sister Angela being born (Jodi was 11- I think) and the doctor asking HER if she wanted to hold the baby first. Something about the entire exchange stood out... much more than any other part- I went back and re-watched it again.

What if Angela is actually Jodi's and no one else (except Jodi, her parents, aunts, uncles etc) know this, but especially not Angela.

I will say again, that I have a situation like this in my own family, so I am probably way off base and wrong due to my own experiences... but what if it is something like this, or similar to this?

Please don't throw tomatoes... any thoughts fellow WSers?

 

[Nali87]

The killer is such a drama queen. Pfft.

 

[janx]

This was a bad, bad week for the killer. Yes, I've adjusted my calendars with appropriate adjustments from my marking pen. A week is what we used to know as "two days". Of the killer's reactions to examinations of testimony, observations of those in court are all we have. That includes a very few observations by eye of the camera. What perceptions leak through seem odd. Dr. Samuels testified that Arias has a jail psychiatrist & a therapist who prescribe anti-depressants and tranquilizers for her. He knows that from her medical records and because she told him so. The jurors wanted to know about that on March 21, 2013 & he answered their question. Under the influence of meds to cheer her, I believe the way she judges if her mitigation is going well is whether her attorneys & her witness are complying with her wishes.

Although it's tempting to guess Nurmi found Dr. Fonseca due to his clientele concentration, it would seem Arias located her. While she represented herself, she created her support list for mitigation and it did not remain secret. Included was a psychologist who visited her at the jail. (There was also a p.i., Dorian Bond.) She had access to the internet & again, someone may have referred her to Dr. F. during her search. We know Arias, so pedophilia would have been her interest when looking for an expert.

There's a trap in store when you're a liar & a deceiver. Arias cast about for someone to reinforce her allegations, a mouthpiece. The evidence was not there to support Arias nor the opinion of Dr. F. Arias failed to learn from her experience with Dr. Samuels. She claimed she was in traumatic stress a year after the murder and that it was an event she witnessed. His findings were shredded on the stand & he had failed to administer the ancillary deception probe. The further she exerts her will, the more she is exposed as a relentless killer. A crafty trick, with folders.

I want to post the ventriloquist dummy picture again so badly, but I won't because it's too big.

 

[AZlawyer]

Seriously, did JSS seriously allow the defendant to testify in secret? For what reason? The only thing Nurmi mentioned at the Ct App was that witnesses felt threatened. Well, who at Perryville is watching this damn trial? What is he talking about?

ETA: I am just so mad. I will have to refrain from typing everything I'm thinking due to my own opinion of what it means to behave professionally. Hopefully you all will release the steam on my behalf.

 

[KathrynL]

The COA has ordered JSS cannot close the courtroom for the testimony of CMJA. Glorious.

 

[Nali87]

@william_pitts
COA ruling re: #JodiArias testifying in secret. @12News

Hey I spot a date-typo. 2013?