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

[MeeBee]

Just want to take a minute to THANK EVERYONE here.

I have thoroughly enjoyed our discussions and debates. Its great when we have differening views on things because it helps us see things from different angles. WS is great because we can have healthy debates.
It is also a good learning experience too since most of us are not trained in the court of law.
It is also great to read the feedback from the real laywers we have here at WS.

THANKS TO EVERYONE

WS is just the best place to discuss trials. Way better than Facebook. Lol. :facepalm:

The lawyers who take the time to help us out are invaluable. Thanks to all of you.

 

[oceanblueeyes]

Case Documents

Filing Date Description Docket Date Filing Party

11/3/2014 CAO - Court Of Appeals Order - Party (001) 11/4/2014
NOTE: UNSEAL THEN SEAL RECORD

https://www.superiorcourt.maricopa....rtCases/caseInfo.asp?caseNumber=CR2008-031021

I read all of this history and it makes me know more time was spent on motions and hearing than probably the actual trial. Pages and pages of sealed records.

Let me ask this to anyone who will be kind enough to answer.

All along KN has done the crybaby jag accusing Juan of misconduct. Does anyone have a clue what he thinks Juan has done wrong in this case that constitutes prosecutorial misconduct? Is this another instance when he doesn't like that the prosecutor on this case is light years ahead of him and has beaten his client like a drum? When things don't go KNs way such as having to deal with Juan's expertise or not liking the ruling the appellate court handed down then he goes into crybaby whiney mode. KN tends to blame everyone under the sun but himself. Now that sure sounds familiar doesn't it?

I remember a poster said that because Juan and KN were sitting in chairs side by side at the appellate court hearing that it means they are only adversaries in the courtroom. I do not think that for one second. KN has made this way too personal about JM. He has done everything in his power to get Juan disbarred. The way the two feel about each other goes far deeper than most attorneys who try cases. KN has been in an attack mode from day one and talks so disrespectfully about Juan even in the courtroom.

Juan could sit right by the slaughterer herself and it wouldn't intimidate him. I think he only sat there because that is where the parties were to be seated. Does he like KN? Imo, hell no and I doubt many do.

I hope after it is all over and done with that Juan comes out and speaks with the media. I want to know if he has ever experience another DT quite like the one he has had in this case. Of course he will not openly ridicule JSS for her crazy star chamber rulings but I bet he sure discusses it with his girlfriend when he gets home everyday. He has to release the stress somehow by having to play a mind torturing game with JA and the DT.

So I wonder who will be up on the stand come Wednesday? Or will most of the morning be taken up by in-chamber meetings that have become rituals, closed lengthy sidebars, (white noise) and once again most of the morning will be wasted with the jury sitting there with nothing to do? Even the media attorney mentioned how this case has been shrouded in secrecy. I wish they had requested that transcripts of daily sidebars be given to them as well.

KN says there is going to be a mistrial by media. Anyone can see what he really is wanting is a mistrial designed and crafted by KN. He does nothing but stand there threatening JSS about what is going to happen if he does not get his way. <modsnip> JK!

 

[LambChop]

Jodi is the one who asked for a public trial by jury. She is the one who changed her stories a number of times. A jury convicted her of 1st degree murder, extreme cruelty. So why would the court just suddenly change the rules because defense claims witnesses will not testify in public out of fear of threats, but then agrees to releasing their statements later. Threats would not be further diminished by waiting until after the trial. They would still get threats so this makes no sense. jmo

 

[hindsight2020]

Dave Erickson &#8207;@ericksonvision 4m4 minutes ago
#JodiArias court begins at 10:00azt. The jury will be called in & told they're dismissed until Wed. What happens after is anyone's guess.

 

[MeeBee]

@TrialDiariesJ: Heading over to courthouse today for #JodiArias at 10am MST. Judge will dismiss jury till Nov. 12th

Riveting!

 

[oceanblueeyes]

I've seen other judges in action. They are usually firm, concise, fair and unafraid of hurting feelings. It seems she lacks confidence in making swift decisions and lacks the fortitude to say NO. She does occasionally, like denying Jodi's request for a meeting and telling Laviolette she doesn't care about her problems, among other things. But Nurmi would not be having his run of the courtroom were it any other judge. I had thought this was a stylistic difference and it worked for her. I don't think it does, here.

Another thing is judges are usually, as you've been saying, very mindful of jurors and respectful of the sacrifice they're making by being there. The judge has no consideration for them or that this trial is taking a huge chunk out of their lives. Jodi's rights are obviously more important, but the judge doesn't even acknowledge them.

Someone mentioned judge Ito the other day and I'd read he was heavily criticized for allowing the OJ circus. I looked up the other day why that was. He allowed numerous objections every few minutes, allowed numerous, lengthy sidebars, and allowed the attorneys to bicker on end. That sounds very familiar. That trial took nine months. This trial, having technically started in January of 2013, has taken even longer. Almost two years. This isn't the way.

I still find the notion that she's in the defense's pocket or that she will sentence Jodi to life with parole a silly one. She's not in anyone's pocket. She's just trying to be fair but I think sometimes she doesn't understand how to do that.

BBM

That may be true but it is certainly hard to tell based on the actions or inactions of JSS throughout. People usually base their opinions on others by what they can see.

Imo, it is the appearance of being biased that has tainted this case. Treating this one defendant far differently than any other DP defendant has been treated.

Since everything is sealed up tight people tend to judge on what little they can see and all along JSS has made decision after decision to make this the most sealed case in America. Imo.

Nothing done in secret ever feels right to most people. People think if there is so much secrecy then there is something to hide. And with JSS she has hidden most of this case from everyone.

That is why it doesn't feel right. Criminal cases such as this should be disclosed in daylight for all to see and for all to trust what is happening in our court system. I can even see her sealing some but to the extent she has is highly unusual and rather bizarre. Anytime so much of a case is hidden away locked up under seal it gives the appearance that things are being done differently for THIS defendant than any other defendant before them.

And if her rulings were as illogical as her ruling to keep the media and public out of the courtroom then it is only rational to believe her other rulings to seal everything up tight could also be as illogical.

I think when KN asked for it to be sealed she just did what he wanted. She has let him dominate her the entire time. You can tell he is very comfortable with threatening her what will happen if he doesn't get his way. Imo, he has no respect for her as the Presiding Judge over the case. Other Judges would have sat KN straight PDQ years ago.

 

[Nosey Parker]

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.

BBM: Funny - I heard that as 'and then there's Dr. Davis'. Anyone else think that or is it just my poor old ears?

 

[Wysteria]

Jodi Arias Hearing - Nov 4, 2014

I haven't had the time to look and see if the following information has been posted yet:

There is a video of the hearing that took place yesterday.
It's on YouTube. I'm aware that YouTube is not considered MSM; however I have seen references made to videos on YouTube in reference to this trial.
I'm uncertain if I'm permitted to post the user name that uploaded the video in order to make it easier to find.
It's worth having a look that's for sure.
If my post is against the TOS; please advise, I will delete asap.

 

[MeeBee]

BBM: Funny - I heard that as 'and then there's Dr. Davis'. Anyone else think that or is it just my poor old ears?

I heard it's just affidavits, too. Perhaps they will be reading out previous testimony?

 

[MeeBee]

Jodi Arias Hearing - Nov 4, 2014

I haven't had the time to look and see if the following information has been posted yet:

There is a video of the hearing that took place yesterday.
It's on YouTube. I'm aware that YouTube is not considered MSM; however I have seen references made to videos on YouTube in reference to this trial.
I'm uncertain if I'm permitted to post the user name that uploaded the video in order to make it easier to find.
It's worth having a look that's for sure.
If my post is against the TOS; please advise, I will delete asap.

The video from Azcentral has already been posted. But I'm pretty sure you can post links to YouTube videos.

 

[Nosey Parker]

I heard it's just affidavits, too. Perhaps they will be reading out previous testimony?

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

 

[MeeBee]

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

Mmmmm...

Maybe the family has prepared statements and is having someone else read them out.

 

[Wysteria]

The video from Azcentral has already been posted. But I'm pretty sure you can post links to YouTube videos.

Okie Dokie thanks Miss MeeBee :tyou:
I'm a trifle computer compromised lol.
I'm going to try to learn how to copy and paste videos from YouTube to this board.
Since Azcentral has the information and it's already been posted, I'll wait for another opportunity to teach my sorry old self.

 

[Spycraft]

@TrialDiariesJ: Heading over to courthouse today for #JodiArias at 10am MST. Judge will dismiss jury till Nov. 12th

Riveting!

Oh the delays........Why is the judge being so accommodating in allowing Nurmi the extra time to write his "documentation" for the COA? Any job position I have had, I was responsible for managing my time regardless of changes in plan. When I taught in the public schools, my district lost a huge bid critical to a bond issue. On the planning committee, we had to hustle day and night to prepare a new report, new risk assessment, new budget, within 48 hours. No one took over my teaching duties while I worked on this, a project that would benefit the entire district. No one rescheduled my parent conferences that afternoon. No one took my recess, lunch, bus duties. I met my 32 students at 7:30 a.m., taught until 3:45 p.m., met with parents, graded papers, prepared for the next day, answered parent phone calls, and only after my job was complete for that day did I have the time to work on the next bid proposal. Isn't this the way it's supposed to be done? It wasn't the students fault the bid was rejected. But this bond would have directly and positively impacted all students and avoided a disastrous program cut. My principal and superintendent didn't tell me to take a few days to prepare the best report. My job was, and always was, to be present for my students and give them my best every single day, regardless of all the political, budget, community upheavals that may be going on. Giving them the best also included doing all I could do to ensure better access to educational programs, which IMO is why there are 24 hours in a day!

Why, oh why, are the standards for Nurmi soooooooooooooo flexible, sooooooooooo inappropriate? He lost this tantrum. The COA pushed back with a directed order, which IMO should have been an outcome he had prepared for. In this case, though, it appears to me that both the judge and Nurmi needed time to lick their wounds. To me, the judge looked ticked off, and it's obvious how Nurmi felt. So her answer: give them both a week to lick their wounds, either fuel or quell their anger, come up with ways to fight back, and refuse to work in the meantime. Work ethic, forget it. Consideration to the jury, forget it. Consideration to the victim's family, forget it. I'm so sad for the family, and I think this latest decision by JSS is setting the precedence in her courtroom for many, many more delays and easily an accommodation to Nurmi for having to work through so many "problematic" issues with his witnesses (all 3 of them) having to testify out of order! And accommodations in the scheduling so he has time to whine out his latest brief, motion, pleading etc. AGHHHHH!

 

[zoomom]

I cant get the court video on AZCENTRAL to work for me. Where is the youtube one?? Thanks!!

 

[Nosey Parker]

Mmmmm...

Maybe the family has prepared statements and is having someone else read them out.

Lawdy, who knows, with this covert and histrionic trial. I am gobsmacked by the whole thing, from start to finish. ETA: assuming there is ever a finish

 

[hindsight2020]

I heard it's just affidavits, too. Perhaps they will be reading out previous testimony?

I think the affidavits may be character testimony or mitigation evidence, maybe one is from her kindergarten teacher, (sarcasm)

 

[gcharlie]

I echo the sentiments of many here in their assessments of the recent turn of events, rulings and opinions on JSS and KN.

One thing that I have not seen mentioned much with respect to JSS and KN is that with some of the arguments to which the public has been privy, Nurmi tends towards hyperbole and misrepresenting facts. Like all mitigation witnesses were threatened and would not testify the last time around. I have not seen the judge challenge him on these kinds of statements, which IMO she should have done before making a ruling. He did the same thing with the Court of Appeals, saying that this witness was afraid to testify and that several others were as well, yet it seems like the actual number of defense witnesses is so small as to rule out several.

Nurmi pretty much told JSS that he's waiting for a decision from the court of appeals about the witness testifying in secret. He's got to know that he has a snowball's chance in hell of getting a favorable ruling.

Yesterday's hearing seems to show that the defense has no stronger of a mitigation case than it had before the hung jury, and it could be that Nurmi's strategy is to go for a mistrial in the hopes that the State will drop the death penalty. Everything points to the defense basically doing the same thing it did before.

Martinez mentioned two expert witnesses, a possible witness from California and affidavits. Then there is the witness that was on the stand and could return on Wednesday. So who are these witnesses? One of the witnesses should be James Aiken, the prison expert. His testimony should take no more than 2 days, based on previous DP cases. The other expert should be a psychologist or psychiatrist who was mentioned in a number of hearings this summer. This person is presumably out of state and has a busy schedule, so much so that the trial date was reset to allow this expert to finish examining Arias.

The Cali witness may be Darryl Brewer again, and here I need attorneys to weigh in. When the State presented its evidence to summarize the guilt and aggravation phases to the jury, Martinez attempted to bring in a video recording of testimony by Brewer. Nurmi objected and cited relevant law regarding the use of recorded testimony and the judge ruled in his favor. Martinez then had to resort to transcripts, which were allowed. Some legal analysts on twitter said that the fact Brewer's recorded testimony was used was an indication he would not be testifying, but there may be something obscure here in the rules which precluded video testimony if he was scheduled to appear later.

So that leaves the mystery witness still in question. Troy Hayden, Trial Diaries Jen and Jeff Gold are not backing down from their position that it is Arias, so they must have some pretty good reason to believe this. As others have pointed out, this witness is readily available based on Martinez comment to the judge yesterday and Arias is certainly one person who is available at all times. She's also someone who could take up a lot of time on the witness stand and this would explain Nurmi saying the case will go to at least the end of January.

 

[zoomom]

Found it!!!

 

[Wysteria]

Found it!!!

Okay good deal.
I was concerned that I would have to hastily figure out how to properly link a YouTube video.