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

[newsjunkie]

What time is it in Phoenix right now? Is no one tweeting about today's hearing?

 

[MeeBee]

What time is it in Phoenix right now? Is no one tweeting about today's hearing?

Not yet, it's not starting for another hour and change.

 

[Hope4More]

Secret testimony by CMJA about abuse, if that happened, won't help her. All JM has to do is bring up Karp then mock her story as version 3 of abuse, just like her 3 versions of the murder. Shifting each time to save her own behind.

And if the secret slimy whispers are about the Big Lie of pedophilia, JM has the material to squash her like a cockroach. If I were him I would spend hours going over her bizarre and ugly story of catching TA.

Last time JM skipped around to keep her off guard. This time he could go over that day minute by minute, proving her story is a LIE. Impossible. The words of a sociopathic killer trying to smear her victim. Someone who does NOT deserve mercy.

 

[dog.gone.cute]

What time is it in Phoenix right now?

Is no one tweeting about today's hearing?

:seeya: Some earlier tweets were posted above, and it appears that some of the media reps will be there ... now whether they will be allowed in to court, is another story !

:moo:

 

[wenwe4]

I think she will be more wary of secrecy requests moving forward but is unlikely to take the time to reconsider her prior secrecy rulings (including "all sidebars to be sealed") unless someone pushes the issue.

Yes, I've had a special action order change a case in midstream. Normally the judges go out of their way to seem extra-special fair afterward, to make sure no one thinks they resent having whatever the ruling was reversed.

This makes me hopeful that JSS might be a bit more structured in her courtroom going forward. Hopefully Nurmi will quit playing games with the judicial system and we can get this train moving on.

I still think Belvin Perry should offer some sage wisdom to JSS (ie: court daily including Saturdays, timely rulings, etc.).

 

[MeeBee]

The optimistic headlines are a little misleading with regard to what the ruling actually was yesterday. The stay was granted. The closed portion of the trial must stop until the Court of Appeals can address the special action. THEN they will most likely rule that the judge can't shut out media (or the public.)

ETA:

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brentjkleinman #JodiArias followers plz understand #Stay granted today doesn't grant definite access to media. It stops secret testimony from continuing 11/3/14, 8:15 PM

They have already granted a stay of her ruling to shut the public out, meaning she can't do that anymore until the COA makes an official ruling on the media's motion.

"IT IS ORDERED staying the enforcement of the superior court' ruling of October 30, 2014 (and placed in a sealed minute entry dated October 31, 2014) which closed the courtroom to the public.

And the optimism is warranted because as the lawyer's pointed out, they wouldn't have granted it if they didn't find some merit in their motion. They have made every indication of their intentions to rule in favor of the media.

 

[Angel Lady]

There were death threats against Dr. Drew? for what?

 

[Hatfield]

I feel the judge needs to give clear direction with no discussions and give the defense 2 options and she could state as follows:

"After appeal court ruling, it is clear that the public cannot be blocked access to witness testimony, so you have 2 options.
1-Either let the media and public back in to the courtroom as before OR
2-The witness can testify to just the jury but a live camera feed will be provided to the overflow room where the media and spectators will watch and be able to tweet out as before

Then, no more special privleges will be provided to any future witness. End of story.

 

[wenwe4]

Here is something that might help with all of the secrecy . . . .

The super secret spy decoder ring

https://www.youtube.com/watch?v=6_XSShVAnkY

 

[LinTX]

Ironically, the requests were denied to avoid further delay.



So...why 1:30? Surely everyone who needed to be at this hearing was available at 8:30 am? I mean, I assume none of them had other plans since the trial was scheduled. Again we've lost a 1/2 day for no apparent reason.

If, as has been indicated, JSS gave the defense reason a year ago to believe that their reluctant witnesses could tell their tales in secrecy, I would imagine they're having to do some pretty quick shuffling of their presentation? I do believe JSS has gradually been taken down the rabbit hole by the defense, and there at the bottom of the hole actually believed that the COA would see her reasoning. Maybe this ruling will give her a jolt of fresh air & she will realize that chasing the white rabbit has been the problem, and not the solution she may have been seeing.

 

[Hatfield]

I think she will be more wary of secrecy requests moving forward but is unlikely to take the time to reconsider her prior secrecy rulings (including "all sidebars to be sealed") unless someone pushes the issue.

Yes, I've had a special action order change a case in midstream. Normally the judges go out of their way to seem extra-special fair afterward, to make sure no one thinks they resent having whatever the ruling was reversed.

Just a question if you have time.

Do you think it is likely that her boss or one of the Appeal judges got on the phone with her either this morning or last night to help direct her?

It sure seems like a simple phone call by her superior or one of the appeal judges could help her and get this trial back on track in a legal way with the least amount of delay.

 

[Wagara]

What if JA was just a test secret witness? Maybe this was a way for the DT to test how they could manage putting Karp on the stand? If the DT wanted to try to block the public from hearing Juan's cross of Karp, that JA lied to Karp over and over again, would it make sense that the DT wants to hide Juan's cross rather than Karp's actual testimony. I just think there's an ultimate reason for these games. I think Karp doesn't want the cross to become public. JMO

 

[MeeBee]

Is it the DT or the state who intends to call Dr. Karp?

 

[daisydomino]

They have already granted a stay of her ruling to shut the public out, meaning she can't do that anymore until the COA makes an official ruling on the media's motion.

"IT IS ORDERED staying the enforcement of the superior court' ruling of October 30, 2014 (and placed in a sealed minute entry dated October 31, 2014) which closed the courtroom to the public.

And the optimism is warranted because as the lawyer's pointed out, they wouldn't have granted it if they didn't find some merit in their motion. They have made every indication of their intentions to rule in favor of the media.

Huh, okay. I thought the stay applies to the closed portion of the trial.

I agree, it does sound like they will rule in favor of the media

 

[dog.gone.cute]

I feel the judge needs to give clear direction with no discussions and give the defense 2 options and she could state as follows:

"After appeal court ruling, it is clear that the public cannot be blocked access to witness testimony, so you have 2 options.

1-Either let the media and public back in to the courtroom as before OR

2-The witness can testify to just the jury but a live camera feed will be provided to the overflow room where the media and spectators will watch and be able to tweet out as before

Then, no more special privleges will be provided to any future witness. End of story.

:seeya: I like these suggestions !

:happydance: And my vote is for Door #2 but not just tweets -- cameras rolling live -- so that we could watch Juan in action !

 

[MeeBee]

Huh, okay. I thought the stay applies to the closed portion of the trial.

I agree, it does sound like they will rule in favor of the media

You were right. But it's closed due to the lack of the public's presence. So stopping secret testimony means they can no longer keep the public out, at least for now. So the reports are right when they say the media can be let back in. The judge must let them back in.

 

[rose222]

I miss Katiecoolady. I hope she's having a lovely time. I can't wait till she gets back and posts here! :loveyou:

 

[daisydomino]

You were right. But it's closed due to the lack of the public's presence. So stopping secret testimony means they can no longer keep the public out, at least for now. So the reports are right when they say the media can be let back in. The judge must let them back in.

So they will be let back in, but the secret witness will not be on the stand. If all of the DT's mitigation witnesses refuse to testify in open court, then nothing will happen in the courtroom* until the ruling on the special action is made?

* ETA unless JSS imposes the lesser restrictions
IT IS FURTHER ORDERED that the superior court may impose a
lesser restriction upon the public’s access to the trial pursuant to
Article 2 § 11 of the Arizona Constitution and Ariz. R. Crim. P. 9.3,
as the trial court contemplated at the hearing on October 30, 2014,
if appropriate.

 

[JSR]

There have been other high-profile trials complete with crummy defense lawyers and crummier defendants. Arias is not the first criminal to be hated and despised. I don't believe that there are any real threats. Even if there are, closing the courtroom doors is not an adequate remedy. It's simply a matter of weeks/months before the names/testimonies are released to the public. Who will protect them then? Nurmi will now suggest that their names be sealed for the next 50 years or that they be provided with round-the-clock bodyguards. Diddums! (Thanks again, Gerard!).

Rose one of the Court of Appeals judges made that exact point yesterday. Keeping the witness identity secret will not protect them. They WILL be revealed at some point and Nurmi can try and requesting an indefinite seal but would never get it.

 

[MeeBee]

So they will be let back in, but the secret witness will not be on the stand. If all of the DT's mitigation witnesses refuse to testify in open court, then nothing will happen in the courtroom until the ruling on the special action is made?

Yeah, the media wanted a stay so the judge could stop testimony of witnesses who wish to remain anonymous and call witnesses who will not remain a anonymous. But Nurmi says more than one witness wants this and implied he wanted his whole case sealed. So...who knows what will happen.

Nurmi can concede that his demands are a little over the top and accept a compromise or he can continue pitching a fit. He should probably take the former. A ruling from the COA against you is a pretty clear message. There's just no reason to fight so hard against this anymore. He would be wise to proceed with his case. And turn off the twitter, social media, news reports, negative comments, tattles by civilian investigators, etc. Get his head in the game.

It'll be interesting to see how he chooses to handle this.