I am so worried after yesterday's testimony and the sudden cancellation of testimony for this week that perhaps Nurmi will be successful in getting the DP off the table for several reasons. One thing that makes me nervous is that if those three witnesses refuse to testify, will it be to Juan's advantage to subpeana them? If he doesn't, won't that give the defense team ammunition in stating that the killer can't get a fair retrial thus get JSS to dismiss the DP? Why was testimony suspended for today? Why was a juror dismissed? Regarding JSS, is she just bored with this trial and totally given up? I don't mean that to be facetious, what else can explain her disconnect in allowing DrF to not answer questions and disrespect the prosecutor outright? Again I wonder why JSS is allowing this retrial to be a rerun of the guilt phase. It's like JSS has totally tuned out. I expected shenanigans but at this point this retrial has gone beyond absurd. I am just nervous that the killer will get what she wants and the DP will get taken off the table. I have been on Twitter and read that the Alexander family came out of chambers yesterday visibly upset. Has the killer won?
BBM
Thank you for giving me a jumping-off point to say what I've been thinking!
In Nurmi's latest motion to dismiss the death penalty, he pretty much said that, without "secret" witnesses, he would be unable to present mitigation. In his not-so-humble opinion, that goes against case law that says that cases had been overturned due to the inability of the defense to present mitigation.
Juan so brilliantly gave the actual case law Nurmi mentioned. In every one of those cases, the lack of mitigation came from the COURT not allowing certain testimony. Ie., the defense wanted to prove mitigation through certain facts, certain witnesses and were not allowed to do so by the judge.
This is not the case here. Nurmi is using these cases to cloak his "witnesses" in anonymity. He refuses, as in the first penalty phase, to put witnesses on the stand. When there was a hung jury, he had to take it to a higher level. In none of the cases cited by both parties (mainly Juan), the defense was blocked from presenting mitigation. Nurmi/Arias are personally blocking their own witnesses from testifying.
Say what you will about JSS, I can't imagine she will drop the DP. If she does, I'll totally join those who have totally given up on her.
I am of two minds as to what's going on with those 3 witnesses. Part of me says that Nurmi doesn't really want them to testify at all, and never did. He knows that Juan will destruct them totally on the stand.
The other part of me says that Nurmi would present these witnesses in total secrecy so that the public has no knowledge of what they said and hear how Juan destructed their testimony.
We've only seen ONE witness for the defense as of now. Dr. F did not account for ANY of the mitigation factors listed by the defense. Let's hope that, in deliberations, the jury posts that list writ large on the wall and goes through them to see how many the defense has proven.
As for Juan, I think he is loving the Dr.'s demeanor on the stand with him. I think he is relishing this moment before the jury. Plus, when he's finished for the day, I can imagine him adding a paragraph or ten to his closing trashing her testiphoney. That's when it will really count.