Retrial for Sentencing of Jodi Arias - 12/3 -12/04 In recess w/hearing

[krkrjx]

How is it decided in AZ courts which judge is assigned a case? Is it just that a judge is next in line or is there a decision-making procedure involved in assigning cases?

Might it be believed that all judges are capable of handling all cases? (I just read that JSS is about to be assigned some new cases, perhaps complicated ones.)

 

[dog.gone.cute]

I awoke at 2 A.M. today thinking about this trial. I am grateful for the delays between the witnesses terrorizing the courtroom.

I predict a hung jury now.
This jury doesn't know all we know and JSS has allowed the defense to bring in disrespectful, lying witnesses.
If this case goes to JSS for judgment, JA will not get LWOP.

We live in a sick, twisted world. Right is now wrong. Wrong is now right. I am literally sick to my stomach.

:seeya:

BBM: I totally agree !

I know I am repeating myself ... but IMO, JSS will give her "life" with CREDIT for time served !

:gaah:

 

[AZlawyer]

Something tells me that JSS is against the DP, at least in this case. Maybe she was hoping that the DP would be dropped, and is now PO'd that she's having to go through all this. After the first round, she as the rest of us, knew what a circus it was going to be.
Question for one of our attorneys, is this something that a judge could / would possibly discuss with the prosecutor's office, i.e., voicing their opinion to some degree and encouraging them to take the DP off the table ? TIA

No. And anyway, she would have had the perfect opportunity to take the DP off the table when the state changed its position about the order of events (gunshot first vs. knife first). IIRC the judge had already issued a lengthy minute entry about how the murder qualified for the DP because the gunshot was first and really had to do some fancy footwork to explain why it was still on the table.

 

[RadarLuv]

But no EX anything is going to be considered "good". People are ex's for a reason, and while some break ups are amicable, most aren't and I am sure that plenty of jurors have been through some pretty hard times WITHOUT murdering someone.

IIRC, the jury has to be unanimous on the DP. If not, JSS sentences her to LWP or LWOP. IMO, JSS will sentence her to LWOP. I truly don't believe the jury will come back with a unanimous verdict for the DP. IMO Fonseca successfully pointed out that TA was not the best of boyfriends and diminished CMJA. She did say He did not deserve to be murdered. After the questions from the jury yesterday, I truly don't see them coming back with the DP. JMV

 

[neesaki]

No. And anyway, she would have had the perfect opportunity to take the DP off the table when the state changed its position about the order of events (gunshot first vs. knife first). IIRC the judge had already issued a lengthy minute entry about how the murder qualified for the DP because the gunshot was first and really had to do some fancy footwork to explain why it was still on the table.

Ok, I guess I've forgotten how that all played out. One more thing I need to refresh my memory on.

 

[AZlawyer]

How is it decided in AZ courts which judge is assigned a case? Is it just that a judge is next in line or is there a decision-making procedure involved in assigning cases?

Might it be believed that all judges are capable of handling all cases? (I just read that JSS is about to be assigned some new cases, perhaps complicated ones.)

They are assigned randomly, but there are only a few judges on the capital case list. JSS is one of the few. I'm telling you, she was a respected judge before this retrial started. Even in the first phase, I and many others had criticisms of her courtroom management style, but she was managing the courtroom much better then than she is now.

 

[RadarLuv]

LOL. The fedex comment is hilarious. And so true. But I am so scared to open my door to ANYONE, I would never get caught at home and I especially wouldn't tell a stranger (ACK!) who I was! I guess I am a little overly paranoid of being murdered after beind on these boards for a while now!

I received a subpoena once. I answered the door and the guy addressed me by name (though he did not know me). I acknowledged I was me and he handed me the papers and said, "You have been served." Then he turned and left. He never asked for formal identification or a signature.

ETA: Now, if FedEx had delivered it, he would have come halfway up the stairs, thrown the envelope against the door and hightailed it back to his van before I even got the door open. :laughing:

 

[RadarLuv]

What if they cannot find them?

I like Monica, I really do. But I disagree with her. She says that if the witnesses "refuse" to comply with a subpoena, the defense motion will be stronger? No, if a witness refuses to comply with a subpoena you get a sheriff's deputy to go and pick up the witness. There is no "refusing."



No.

 

[AZlawyer]

What if they cannot find them?

If you're talking about a regular law-abiding citizen with a job and a house and a family, it's generally pretty easy to find them. And when you say, "I'm a deputy sheriff and I have a warrant for your arrest, they generally don't argue.

 

[Nosey Parker]

AZL: After sentencing, does the COA receive the transcript of the trial, from start to finish, or only the portion relevant to the relief being sought? What I'm really wondering is, would they ever be aware of the deliberate delay tactics of the DT; the attitude of defence witnesses; poor court management, etc., and could it in anyway have an impact on their decisions?

 

[krkrjx]

They are assigned randomly, but there are only a few judges on the capital case list. JSS is one of the few. I'm telling you, she was a respected judge before this retrial started. Even in the first phase, I and many others had criticisms of her courtroom management style, but she was managing the courtroom much better then than she is now.

Thank you.

I too had some reservations about her early on but for the most part respected her patience and what appeared to be attempts to ensure verdicts would not be overturned down the road. But no more. She has completely lost her mind now, it seems. I don't want to accuse her of being pro-defense because I do not think she likes this murderer at all but she does appear to have kowtowed to Nurmi more than what could be expected solely for successful verdicts.

I am not confident anymore in this judge's abilities and her being assigned new cases (possibly capital cases) when she is having such difficulty with this one is disturbing.

 

[Hope4More]

I must be in the minority about the jury and verdict, which is OK, I'm quite accustomed to being there.

I think she's going to get the DP. And I don't think jurors were swayed in any meaningful way, if at all.

I've really tried to put myself in their place. They were instructed that she has been convicted of premeditsted, first degree murder, and that she killed him in an especially cruel way. They have seen the photos that conclusively prove that cruelty.

They were also instructed that they MUST accept that verdict. That their job was to listen to mitigation and weigh whether or not she deserves life rather than the DP.

OK. They hear one week of recap, a very abbreviated version of what happened and who is who. Many of us thought that the recap was likely confusing to these new jurors. As in, where di we come in?

Then heartbreaking VIM's, which left every single juror crying or stunned. Awful. Reality sets in.

Imagine sitting there for what came next. The court room cleared, the murderer on the stand and then not, delays, days upon days off, attorneys up talking to the judge every few minutes. Nothing gets explained.

Then, this witness, who seems to want to only talk about sex and to speak ill of the dead, of the murder victim. For days. If they're focused on their duty they are asking themselves....what are we being told here about mitigation?

For most, I bet its beyond their comprehension that they're being told her mitigation is that the victim may or may not be a pedophile. The quack spoke almost not at all of physical abuse. It was sex sex sex and the victim's dark side , his hiding and shaming a 3 hole wonder.

They got to ask questions. IMO they asked the questions they did because they're trying to make sense of how talk of a Mormon boyfriend in a 5 month long relationship having some issues is relevant. Where is the part about her feeling sorry? Remorse? Anything?

By any objective measure that quack was a disaster for the defense, and besides a murderer, that's about all they have. JM is brilliant, he knows how to read juries, and he has to convince a jury of one single truth- that she doesn't deserve their mercy.

As long as there aren't any stealth jurors, Im actually increasingly confident she'll get the DP.

 

[grammieto5]

Do you all remember awhile ago court suddenly canceled because of an emergency, it had nothing to do with the trial. I can't remember if it was ever made public why, but could it have had something to do with this judge? Did something happen and now she is having a delayed reaction from it? It seems as though yesterday was more out of control than any of the other days.



LOL I can't believe I'm looking for excuses for why this judge is behaving the way she is.

 

[rose222]

What if they cannot find them?

Then Arias should be forced to look for them. The woman can find a needle in a haystack. Her snooping and stalking skills appear to be unmatched. She's an 'expert' if you will. :giggle:

 

[AZlawyer]

AZL: After sentencing, does the COA receive the transcript of the trial, from start to finish, or only the portion relevant to the relief being sought? What I'm really wondering is, would they ever be aware of the deliberate delay tactics of the DT; the attitude of defence witnesses; poor court management, etc., and could it in anyway have an impact on their decisions?

If it's a death penalty case, it will go straight to the AZ Supreme Court, which will (through the law clerks) go through the entire transcript looking for error. None of those things you mention would be error, so no one will care about them or probably even notice them.

If it's a life sentence, the Ct App might not see the whole transcript but again would not care about or notice the things you mentioned.

 

[Hope4More]

Do you all remember awhile ago court suddenly canceled because of an emergency, it had nothing to do with the trial. I can't remember if it was ever made public why, but could it have had something to do with this judge? Did something happen and now she is having a delayed reaction from it? It seems as though yesterday was more out of control than any of the other days.

That's an interesting possibility. I wondered why there wasn't a leak. If it was about JSS there wouldn't have been one. I remember reading that Nurmi and JM were smiling when they came out of chambers, so if it was about JSS maybe it wasn't something bad.

She could be staying up all night with a colic-y grandbaby or some such thing....who knows.

 

[AZlawyer]

I must be in the minority about the jury and verdict, which is OK, I'm quite accustomed to being there.

I think she's going to get the DP. And I don't think jurors were swayed in any meaningful way, if at all.

I've really tried to put myself in their place. They were instructed that she has been convicted of premeditsted, first degree murder, and that she killed him in an especially cruel way. They have seen the photos that conclusively prove that cruelty.

They were also instructed that they MUST accept that verdict. That their job was to listen to mitigation and weigh whether or not she deserves life rather than the DP.

OK. They hear one week of recap, a very abbreviated version of what happened and who is who. Many of us thought that the recap was likely confusing to these new jurors. As in, where di we come in?

Then heartbreaking VIM's, which left every single juror crying or stunned. Awful. Reality sets in.

Imagine sitting there for what came next. The court room cleared, the murderer on the stand and then not, delays, days upon days off, attorneys up talking to the judge every few minutes. Nothing gets explained.

Then, this witness, who seems to want to only talk about sex and to speak ill of the dead, of the murder victim. For days. If they're focused on their duty they are asking themselves....what are we being told here about mitigation?

For most, I bet its beyond their comprehension that they're being told her mitigation is that the victim may or may not be a pedophile. The quack spoke almost not at all of physical abuse. It was sex sex sex and the victim's dark side , his hiding and shaming a 3 hole wonder.

They got to ask questions. IMO they asked the questions they did because they're trying to make sense of how talk of a Mormon boyfriend in a 5 month long relationship having some issues is relevant. Where is the part about her feeling sorry? Remorse? Anything?

By any objective measure that quack was a disaster for the defense, and besides a murderer, that's about all they have. JM is brilliant, he knows how to read juries, and he has to convince a jury of one single truth- that she doesn't deserve their mercy.

As long as there aren't any stealth jurors, Im actually increasingly confident she'll get the DP.

I agree, Hope. And I imagine as the Dr. was reading these messages where Travis says horrible mean things about Jodi, they have to be thinking, but he was RIGHT about her being evil, and a liar, and the worst thing that ever happened to him, so maybe all the rest of this was justified as well. These are not really such mean things to say to a person who would travel 1000 miles to kill you three times over in an especially cruel manner and then lie about it repeatedly with a smile on her face.

 

[Nosey Parker]

It worries me that this panel of jurors are not aware of the extent of Arias' lies, and won't be until they have made a decision (if they care to research afterwards). IMO the amount and character of the lies has a great bearing on her cruelty and the ultimate punishment.

 

[RadarLuv]

it's always possible she could be suffering from an illness and I don' think the law can be prejudiced by disability. Maybe she is in the beginning stages of something and it can't be proven that it is hindering her judgment.

Do you all remember awhile ago court suddenly canceled because of an emergency, it had nothing to do with the trial. I can't remember if it was ever made public why, but could it have had something to do with this judge? Did something happen and now she is having a delayed reaction from it? It seems as though yesterday was more out of control than any of the other days.



LOL I can't believe I'm looking for excuses for why this judge is behaving the way she is.

 

[RadarLuv]

That's an interesting possibility. I wondered why there wasn't a leak. If it was about JSS there wouldn't have been one. I remember reading that Nurmi and JM were smiling when they came out of chambers, so if it was about JSS maybe it wasn't something bad.

She could be staying up all night with a colic-y grandbaby or some such thing....who knows.

Oh lawd that would be such a non-excuse. Like something from a highschooler, the dog ate my homework kind of thing...