Retrial for Sentencing of Jodi Arias - 12/01/14 In recess

[gcharlie]

We do not even know if this third witness, most likely the FB guy from NZ, was ever deposed by Martinez. I suspect not. If the defense even talked to him, they would have found out straight off the bat he was a fraud.

If Martinez did not depose him, then under the rules of evidence, he would not be able to testify.

Grrr...I just don't understand how this has gotten so out of control. ullhair:

:noooo:

Time for her to set things straight and move this trial along. :judge:

 

[Nali87]

You're looking at this situation as a compassionate, sentient human being with a moral compass. Jodi's personality disorders very likely preclude her from feeling real fear - as you or I would experience it - of almost anything. Certainly, in place of morality is a sense of entitlement; she is void of conscience and empathy; and incapable of actual remorse. Her sense of right and wrong fluctuates and is solely determined by her - society's rules should not apply to her. To admit there is a god would force her to admit she isn't. Ergo, religion isn't high on the list of psychopathic individuals except as a tool to con or manipulate others who are spiritual. Lastly, if she fell on the mercy of the court she would be forced to accept culpability. She will never admit a wrongdoing - and actually I believe she, to her core, feels absolutely justified in slaughtering Travis. She's just lying about the why.

And the money spent probably just further feeds her narcissism and persecution complex. For that reason alone, on top of so many others, I find it infuriating too.

Oh! And to a psychopathic individual, the knock-on effect to Travis' family is better than any drug. They love to play games with people's emotions. I'm not being hyperbolic when I say many psychopaths view society like their own personal ant farm. The effect Jodi has on them; the power she holds over Travis' legacy and memory; the special considerations given to her in court - all that would be extremely intoxicating to a psychopath. She feels important, special, powerful, and in control. It doesn't get better than that for a psychopath.

JMO and FWIW

Hmhm, you're right. There's one thing she fears though: the Death Penalty. :jail:

 

[AZlawyer]

:tyou:

If JM does as you would:



How do you believe JSS would rule, given what you've seen of her courtroom [and besides in secret sidebar]? TIA

Well, JA did waive her right to remain silent on every topic on which she's already testified...but I think what JSS would do, to be sure, is to tell JM to play the video of his cross from last time regarding those issues. Which, come to think of it, would be just fine with me.

We do not even know if this third witness, most likely the FB guy from NZ, was ever deposed by Martinez. I suspect not. If the defense even talked to him, they would have found out straight off the bat he was a fraud.

If Martinez did not depose him, then under the rules of evidence, he would not be able to testify.

Grrr...I just don't understand how this has gotten so out of control. ullhair:

:noooo:

Time for her to set things straight and move this trial along. :judge:

Witnesses can definitely testify without being deposed, although if the witness refused to be deposed, then he would likely be precluded from testifying.

 

[Tuba]

Despite Nurmi's position in his Nov. 26 filing to dismiss the death penalty, the Court of Appeals made clear in the hearing that they do not agree with the view secrecy preserves (or even benefits) Arias' right to due process. The C.O.A. opined that open testimony was in no wise an inferior form of process, nor one that threatened her safety or made the prospect of death more likely. Nurmi's ideas failed when heard by the C.O.A., so he exhorts Judge Stephens to return to her earlier thinking & use it as a basis favorable to him in yet another effort to dismiss. She will not be joining him in this pathetic overture.

 

[Frigga]

Hmhm, you're right. There's one thing she fears though: the Death Penalty. :jail:

I wonder why that is? BritsKate, any insight for us on that one? Is it about control?

 

[Frigga]

Despite Nurmi's position in his Nov. 26 filing to dismiss the death penalty, the Court of Appeals made clear in the hearing that they do not agree with the view secrecy preserves (or even benefits) Arias' right to due process. The C.O.A. opined that open testimony was in no wise an inferior form of process, nor one that threatened her safety or made the prospect of death more likely. Nurmi's ideas failed when heard by the C.O.A., so he exhorts Judge Stephens to return to her earlier thinking & use it as a basis favorable to him in yet another effort to dismiss. She will not be joining him in this pathetic overture.

BBM Thank goodness. I was hoping you would weigh in on this Tuba! I am relieved.

 

[rose222]

Isn't he known for defending sexual predators? I thought I remembered that from the first trial.

Yep. And here he is making up all sorts of sexual stories about the victim. A holier-than-thou attitude from a man who defends sexual predators? 'The irony is rich indeed.'

 

[TDoc72]

Juan should walk in there, hand JSS & Nurmi a cd containing Darryl's tv interview & pages of Mark Mcgee's social media posts, then turn and sit back at the table.

Drop the mike :bombshell:like a boss!

 

[Luvrosco]

JSS sure turned out to be a disappointment. Imo, all this latest BS could have been prevented. Now we have more motions, motions that need to be argued in front of her in open court, motions that need to be argued in secret hearings, blah blah blah, basically her decision has led to nothing but precious time being wasted.

Good post!

 

[MeeBee]

I wonder why that is? BritsKate, any insight for us on that one? Is it about control?

She doesn't want to die.

 

[Frigga]

She doesn't want to die.

But MeeBee, to be fair we all know that even if she receives the Death Penalty the chances that she would actually die because of it are slim to none. She knows this too.

 

[gcharlie]

AZ Lawyer, could the judge call Nurmi's bluff on this one about material witnesses and compel him to turn over contact info so that the court could subpoena them to testify?

 

[geevee]

Jen put up the defense motion (for those who can't see it on Court Chatter), nice and big and easy to read here:

http://thetrialdiaries.com/wp-conte...fense-Motion-To-Reconsider-Nov.-26th-2014.pdf

 

[Tuba]

APT, Arias has spoken about going through religious changes. After the Mormon period, she told Flores she was, in the summer of 2008, a believer & follower of only the 10 Commandments. After incarceration, she says she has now relinquished religion for commitment to the spiritual. What's next?

 

[geevee]

I notice that Nurmi is requesting an oral argument on this motion, wonder if we'll gain any insight into these witnesses during that?

 

[BritsKate]

I wonder why that is? BritsKate, any insight for us on that one? Is it about control?

Maybe. After all, who is the State of Arizona to decide if she lives or dies and when? But...I think it's possibly more a matter of what life will be like for her on death row.

 

[MeeBee]

But MeeBee, to be fair we all know that even if she receives the Death Penalty the chances that she would actually die because of it are slim to none. She knows this too.

But it's there. And she doesn't want to die. She doesn't want to live the life that comes with being on death row. That part isn't just about control. No one would want that. It's about self preservation. I still remember the look on her face when the hung jury was announced. It wasn't fake like before, it was pretty genuine. The idea that there are people out there who actually voted for her death is probably pretty harrowing.

She does probably view not getting the death penalty as a win, because every time she loses she has to create a new competition in her mind until she gets a "win."

This is IMO. It's a complicated thing. But basically, she doesn't want to die.

 

[Luvrosco]

I apologize as I'm sure this has been asked before. If CMJA get LWOP, will she be alone in her cell and confined for 23 hrs. per day like it is on Death Row. At this point, I don't care if she gets that because this is maddening to me. But the thought of her mingling and manipulating other inmates which I'm sure she'll do really ticks me off. I can see her trying to become the head cheerleader and controlling things in prison.

 

[Forensics]

It is puzzling that the pedophilia allegation would have any mitigation value for the defence. Firstly, if you take it as fact (which it isn't) that Jodi caught him looking at a naked picture of a young boy, it obviously didn't worry her to the extent of her discontinuing sexual relations with Travis. Secondly, and more importantly IMHO, it has no bearing on the manner of and reason for his particularly heinous murder. The only issues that carry weight in mitigation should be any threats, abuse or violence by Travis towards Jodi at the time of the murder that precipitated his murder....and we all know there were none.

 

[Nali87]

Maybe. After all, who is the State of Arizona to decide if she lives or dies and when? But...I think it's possibly more a matter of what life will be like for her on death row.

I realized that I don't even want her to die. I don't think she serves any useful purpose what so ever om this earth other than to wreck other's lives but I don't want her to die. I want her gone. If there was a choice between LWOP, LWOP (with the same living conditions as on death row) and DP, I'd go with option 2. Just, ugh, be gone already. Fade away into obscurity.