Retrial for Sentencing of Jodi Arias - 11/3/14 Hearing

[hindsight2020]

I would think so, too - but maybe a medical issue came up yesterday, when they had no court? Sounded like the juror expected to be there in time , maybe an early morning appointment that ran late. JMO

Absolutely. Which brings me to my next concern, if the juror was/is seriously ill, which imo would be the only reason to be late and be excused, then there is a possibility of losing them. However, if it was not serious, they should have been in court this morning on time thus, scheduled the appointment for yesterday, when they were off or in advance with the permission of the court. JMO

 

[wenwe4]

Was the 10 am start time a normal start time for the jury? I can't remember if they usually started @ 9:30 and maybe they postponed it til 10 am for this juror's previously scheduled Dr. appt. Any thoughts?

 

[Brattinella]

I think this WHOLE THING is attributable to Nurmi getting all butthurt during the guilt phase, when folks were making fun of HIS appearance. He just can't stand it. This trial is NOT about YOU, Nurmi. Put your big-boy pants on and finish this.

 

[hindsight2020]

Anything's possible, as we all know. But maybe not. A juror had a doctor appointment, which does not mean they are ill. The fact that they are delayed an hour or more getting out of the appointment also does not mean they have a medical problem. Doctors easily get behind schedule and it is not unusual for patients to sit well past their appointed time in the waiting room waiting to be called.

I understand your point, however, my contention here is, if the juror is not seriously ill, which is the only valid reason I see for delaying trial, and a concern because we may yet lose another juror if this is true, otherwise, I would have to think it was a routine appointment, which is not an excuse for being late as they should have scheduled the appointment around the courts schedule, court is dark on Fridays and they were off yesterday. But then again this is JSS courtroom, anything goes. JMO

 

[bznbear]

WTH???????

This means that Juan argued, given the actual state of things, it was not remotely impossible to continue. And yet Judge Stephens chose to stay all proceedings for an entire week, and her reasons are secret. How can this be right?

Also, thank you daisydomino for the transcript. it is very much appreciated!

AND, the jury was told they'd be impaneled till Dec 18. Now a week's delay, and we're at Christmas' door!

 

[AZlawyer]

As far as I know it would be similar to a HIPPA disclosure . . . unless the person gives explicit consent to discuss the spiritual counseling subject matter - it is not waived even after the person's death. Again, I am not an Atty - but I did ask AZL this similar question a couple of days ago and I am paraphrasing her in my post you quoted.

ETA: I see that AZL liked my post but I am not sure if she is agreeing with me or just liking that I am not Atty. (lol)

I was agreeing with you lol.

OK - but affidavits wouldn't be previous testimony - they are sworn statements. More witnesses testifying by affidavit only? Help, AZLawyer??

Someone asked me about this last night and I couldn't think of anything, but I realized this is probably uncontroversial testimony from, e.g., jail staff saying "Ms. Arias is generally cooperative and non-violent" etc.

From WAT:

Wild About Trial @WildAboutTrial · 5s 5 seconds ago


Counsel at the bench in a sizzlebar. Jury not here yet. #JodiArias

Why why why why why are we having secret sidebars still? :gaah:

@monicalindstrom: If #Nurmi fights Court of Apps decision I could c this issue going to #SCOTUS bc its a compelling issue-media/public locked out #JodiArias

I can't imagine the Supreme Court of the US would want to take on a case with such a boringly obvious outcome.

He's waiting for AZLawyer to post so he can get help with the case law. Kidding (sort of). :silenced:

No way. I learned my lesson about posting mini-briefs in the CA case!

After Nurmi files his brief to the COA what will the procedure be?

Will the DT just sit back and wait for their ruling or is there a hearing? ..... or are we about to see a trial within a trial?

DISRUPTION is the theme for the DT during this re-trial of the penalty phase. Right now it seems the DT is focusing on the media as the culprit.

JMHO when the focus is taking off the convicted murderer we seem to be getting oh what do I call it.... some type of public service announcement from the convicted murderers family.

The Ct App has scheduled this case to be considered on Nov. 25, so we should get a final ruling from them on or near that date.

AZLawyer, can a judge request to be removed from a trial?

Yes.

AZL . . . do you have any thoughts on Nurmi's motion today about the video in the courtroom with JA and her Mitigation Specialist chatting while JSS etal was at sidebar?

Some of the media said the rule only applies when the judge is "off the bench." That's not true. That's a different part of the rule.

The judge does refer to conferences involving "attorneys," but there is an extended attorney-client privilege covering, e.g., Maria DLR. I bet the media was unaware of that fact. I don't think anything will happen beyond admonishing the media.

Apparently the judge is also going to order no recording of the super-secret sidebars, though, further compounding the unconstitutionality of the whole proceeding.

I remember reading somewhere that a Judge can only have six alternate jurors--that is the maximum number. I'm not sure of this though. Hopefully one of our lawyers can clarify.

There's no maximum.

 

[bsk]

So for those of you expecting testimony next Wed, instead I guess we'll have arguments over the motions Nurmi will have no no doubt piled up by then:
- Motion for mistrial because someone saw JA in stripes.
- Motion for mistrial due to juror misconduct (defied her court appearance)
- Motion to dismiss that juror when the previous motion is denied
- Any others he can dream up in the next 7 days while scanning twitter etc.

 

[TartLemon]

If for some reason there is appealable error in the sentencing trial, can that affect the guilt phase as well?

 

[Renee110]

This is suck a cluster***k.

 

[lonetraveler]

I understand your point, however, my contention here is, if the juror is not seriously ill, which is the only valid reason I see for delaying trial, and a concern because we may yet lose another juror if this is true, otherwise, I would have to think it was a routine appointment, which is not an excuse for being late as they should have scheduled the appointment around the courts schedule, court is dark on Fridays and they were off yesterday. But then again this is JSS courtroom, anything goes. JMO

Well, I can empathize with the juror running late. While serving on a death penalty trial I was late for court one morning. I was caught in a traffic jam when the Bridge got stuck in the up position for an hour. I called ahead and gave updates every few minutes. I was told that I could park in the reserved spaces for judges under the courthouse as soon as I could arrive. Jurors were waiting in the juror room and as soon as I arrived, court began. Things happen that aren't under your control sometimes.

 

[NotMyselfNEMore]

Good to see you again!! Glad you are here and we appreciate your information. We can always ask a MOD if it is ok if for you to transcribe but if you don't want to - no harm/no foul.

You got me thinking though . . . if Nurmi is so convinced that the video of Jodi and her non-Atty BFF might be seen by someone who can read lips and that somehow compromised JA's right to a fair verdict - then I say have it transcribed by a court approved lip-reader and prove what was said was "devastating" to his case!

Thanks! I remember very clearly a mod telling the hearing impaired poster NOT to post anything that wasn't heard out loud in the courtroom by all - so she didn't. I lurk here a lot, but rarely post, but I'd be really sad if I couldn't do that - and what the moderator said was clear at that time.
From what I saw - , there was nothing compromising, important or even interesting that could be seen being said by MDLR. I believe JA had her face turned away from the camera the whole time - but I agree that if it's such a huge issue, they should have it transcribed, and tell the court the important defense information seen (there was none). Present it as evidence in the COA brief, to illustrate the point.

I think what Nurmi is more disturbed by is that his client was in stripes, and cheerfully chit-chatting with MDLR while the DT, JM, and the judge discussed potentially precedent setting COA issues at her death penalty sentencing phase re-trial, where her her constitutional rights "outweigh" those of the victim's family, the public of Arizona, the media, and everyone else, apparently - not what was said, that's just a convenient way try to vilify the media.

I also agree with all the other posters who said they seemed well aware they were on camera, it seemed that way to me, too. In the last phase, JA in particular seemed acutely aware if of the camera, and often covered her mouth when speaking, and seemed to remind others to do the same.
I saw the video of the hearing early this morning, and wanted to take another look now - but can't seem to find it - has it been pulled? Anyone know if it can still be found?
ETA_ :Nevermind, I just found it upthread! I read slow!

 

[RickshawFan]

OK, I missed something...why does JA have a brace on her arm??

Possibilities:
1. She punched out her bunk mate wannabe, now claims it wasn't her fault, and wants everyone to gush over her poor widdle wist and kiss it better at the same time as she waves it all around and raises a big stink if an alert court photographer snaps the evidence.
3. Now it's her arm, and not just her finger. This is the real reason cameras are not allowed in the courtroom: she testified that TA did her wrist and she didn't want the public to point out that this is lie number 3213.
4. She was showing off on the prison bus and tried a one-armed handstand instead of her go-to head pose. The bus braked suddenly—not her fault—and the other inmates didn't want her socked and flip-flopped feet in their personal space.

 

[neesaki]

Still listening but the first thing I caught was that JSS asked Nurmi when he thought this CASE would be finished, not when he would be finished presenting his case.

And then Martinez said there were "2 experts and a potential witness from California and after than just affidavits..." on the defense witness list and he still believes December 18th is sufficient.

But December 18th wouldn't be enough time for all the DT's stall tactics they have up their sleeve. When one trick runs out I have no doubt they'll have another one ready, pronto. Anything they can do to get this trial to run over into next year they will do, because they want to lose jurors and get a mistrial. They want it so bad they can taste it, imo.

 

[Dmacky]

I call it the Arias Family Panhandling Video (2014), recorded in September, but conveniently released to the public the day before the murderer's lawyer railed against media exploitation before the COA. :facepalm:

So let me get this straight. KN is demanding NO media "exploitation" for a PUBLIC trial, but his murdering client's family ARE allowed to "exploit" the media for money as he speaks
Can't have it both ways :gaah:

Sorry if this makes no sense, I'm on a phone and forgot my readers

 

[bznbear]

I agree. Her behavior was strange. Did you notice her facial expressions while she was listening to Juan Martinez's argument? It was weird. And what is with the head tilted to the side? In body language, that is a classic feminine "come on" type of gesture! Just so much of her body language in that video seems to be "off". And the speech pattern.

As for this delay, while I do not understand the legalese, I thought she was somehow saying that she was giving Nurmi time to do something. Have to go back and watch it again. She said something about something being due on Friday and she would give him time. Or did I mis-hear this?

Her expressions, movements, etc, gave me the impression she wasn't at all interested in Juan's reasoning, was impatient for him to be done, and really had already dismissed everything he had to say.

 

[RickshawFan]

Does anyone know what a holding cell at a courtroom actually looks like? Does it have bars? Are there a whole bunch of inmates in one cell? Or is it more like a windowless room? Would an inmate be cuffed while they're in the holding cell? Is that where they change in and out of civilian clothes? Do they have a walk-in closet to store 6 months of different outfits?

 

[hindsight2020]

Well, I can empathize with the juror running late. While serving on a death penalty trial I was late for court one morning. I was caught in a traffic jam when the Bridge got stuck in the up position for an hour. I called ahead and gave updates every few minutes. I was told that I could park in the reserved spaces for judges under the courthouse as soon as I could arrive. Jurors were waiting in the juror room and as soon as I arrived, court began. Things happen that aren't under your control sometimes.

^^^^This is stating the obvious, beyond one's control, however, this is not my contention.

 

[AZlawyer]

If for some reason there is appealable error in the sentencing trial, can that affect the guilt phase as well?

No, don't worry about that.

 

[kolokolo]

Why is the convicted murderer opposing the presence of the media? Oh maybe they betrayed her LOL kind of the jury in the guilt phase.

It has been reported she is asking for monies for an appeal attorney so if she refuses the media now, seeing her borderline personality behavior she is probably thinking some big news network will contribute to her cause once she is sentenced with that one exclusive interview.

I remember something Mr. Alexander said in a text .... "It's always something Jodi." (I hope I remember that right)

 

[bznbear]

It's a carpal tunnel splint. Intended to be used at night, but of course she gets more attention if she wears it all the time.....
http://orthopedics.about.com/od/carpaltunnel/ss/carpaltunnel_3.htm

Oh, another mitigation for her, lol.