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

[bsk]

Good morning!:coffeews:

I've wondered the same thing, Rose. She can't blame Juan for the COA ruling, if I remember correctly Michael Kiefer called the attorney the day everyone was booted from the courtroom.

There has been a change in JSS from the previous trial and as a former prosecutor and (until now) a respected judge, I have to wonder why? I've also noted a change in her appearance, she looks very tired IMO. I hope it is simply the demands of her job and nothing more, such as a medical condition.

This trial is taking its toll on everyone involved, I'm looking forward to this jury sentencing CMJA and sending her off to prison so that all that have been involved in this fiasco of a trial can resume their lives and find peace knowing that justice has been served.

And someone posted recently that she's supposed to pick up another major case or two this month. If we thought she looked haggard already....

 

[Love Never Fails]

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.

 

[Love Never Fails]

And someone posted recently that she's supposed to pick up another major case or two this month. If we thought she looked haggard already....

People should launch a write in campaign to have her removed from the bench,

 

[Love Never Fails]

Excellent summary CarolinaMoon.

JSS can also remind/instruct Nurmi/Arias (as did the CoA) that total secrecy is not necessary - there are other less restrictive options available for providing anonymity. As Nurmi is obviously well aware of this, but still playing the "all or nothing" card, I'd say your Option A applies - Nurmi doesn't really want them to testify.

JSS
Doesn't have to drop the DP. The jury will hang and JA won't get LWOP. JSS will see to it.

 

[bsk]

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.

At some point you'd think a NORMAL judge would say, "Call your next witness or rest your case." KN wanted JA on the stand first and now won't put her on. Fine - that's her choice. "I can't testify to save my life because it would risk my life." Ok whatever you psycho b*tch. Let Juan cross-examine her and then the defense can rest. As Juan pointed out, Nurmi hasn't even subpoenaed either of his two alleged witnesses other than the NZ person. Is JSS just going to hold the jurors another 3-4 months while KN does nothing? This is beyond stupid.

 

[Love Never Fails]

Do you mean Darrell Brewer? ( not sure I spelled his name correctly ) but, yes, I would like to see him on the stand as well... this time maybe we can see more than his hands ...I think that would go far to show the jury that CMJA is not little Miss Polly Pureheart . JMO

I would like to see DB on the stand with his pants down. Proof that JA lied about the picture.

 

[rose222]

Good morning!:coffeews:

I've wondered the same thing, Rose. She can't blame Juan for the COA ruling, if I remember correctly Michael Kiefer called the attorney the day everyone was booted from the courtroom.

There has been a change in JSS from the previous trial and as a former prosecutor and (until now) a respected judge, I have to wonder why? I've also noted a change in her appearance, she looks very tired IMO. I hope it is simply the demands of her job and nothing more, such as a medical condition.

This trial is taking its toll on everyone involved, I'm looking forward to this jury sentencing CMJA and sending her off to prison so that all that have been involved in this fiasco of a trial can resume their lives and find peace knowing that justice has been served.

And, remember during the last penalty phase when Nurmi told the Judge that they won't be calling any mitigation witnesses due to threats? The Judge simply said okay and moved on to Arias' allocution. We were all okay with it too. I don't understand why there is so much drama, secrecy and confusion during this penalty phase. Perhaps someone will jump up in court and say 'Smile, you're on Candid Camera!'

 

[bsk]

Excellent summary CarolinaMoon.

JSS can also remind/instruct Nurmi/Arias (as did the CoA) that total secrecy is not necessary - there are other less restrictive options available for providing anonymity. As Nurmi is obviously well aware of this, but still playing the "all or nothing" card, I'd say your Option A applies - Nurmi doesn't really want them to testify.

After the Dr F fiasco, I bet KN believes the only way to keep JA from the DP is if the rest of his witnesses DON'T testify, at which point he'll be calling for a mistrial. Of course if he doesn't even subpoena them, then JA shouldn't benefit.

 

[Love Never Fails]

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?

In every way that counts, didn't she win the day she slaughtered Travis? Since that time she has only succeeded in trashing him.

 

[MeeBee]

Yesterday Jen posted that the dismissed juror is the lady who submitted strange questions. I just read a post from a member stating otherwise. Does anyone know for sure? Thanks!

I don't know. I just checked Jen's twitter and she deleted the tweet that said it was the book writer. Maybe she was mistaken. I thought juror #3 was the book writer, too. Guess we will find out Monday.

 

[CarolinaMoon]

Then again, there's Monica Lindstrom:

Legally Speaking: Dismissing death for Jodi Arias could be a reality

http://ktar.com/305/1787926/Legally-Speaking-Dismissing-death-for-Jodi-Arias-could-be-a-reality

 

[rose222]

I don't know whether Nurmi is overconfident that Arias will get life or whether he simply does not care but this trial seems to be about getting even with Juan. Same thing with the vile expert. Did it ever cross her mind that her hostility might influence the jurors to view the defendant in an unfavourable light? A death penalty case is no joke. I don't think she even cares. It's all about getting even with Juan and trying to humiliate him in court.

 

[krkrjx]

Re BBM
I totally forgot about that. You are so correct that it would be good for Juan to bring this up to the jury.

This alone is very powerful and if the jury realizes that her own friends were trying to contact her own parents to get her help then they would realize this person was on a mission long before that dreadful day at Travis house.

I totally agree with your whole post and I agree she would have killed someone eventually. I even think she was about to kill a 2nd person after she killed Travis.
When she described buying that gun and how she was fixing to go on a trip with strange guys.

There is no telling how close she got to killing someone else. There are probably some lucky people out there that dont realize how close they got to being murdered by JA.

Or, God forbid, they would see her as mentally ill. And consider that an excuse.

We know the score but sometimes juries do bizarre things. A jury let a baby killer go in Florida--completely free of all charges except lying to LE and I can't figure out how they rationalized the lies if she was not guilty. Evidence was glaring in that case but in this case even more so, so Nurmi would love it if the jury would consider the possibility of mental illness. I think if they are smart they would not, but you just never know how a jury will interpret something.

JMO

 

[Love Never Fails]

Just read yesterday's post from the 13th juror on the State vs. Arias FB page. The guy is a great writer. He always encourages me. Since he is sitting there and sees all the nuances in court, I do hope he writes a book when this is over. He is that good.

 

[rose222]

Just read yesterday's post from the 13th juror on the State vs. Arias FB page. The guy is a great writer. He always encourages me. Since he is sitting there and sees all the nuances in court, I do hope he writes a book when this is over. He is that good.

Do you have a link to his post, Curious? I'm not able to find it on there. Thanks.

ETA: I found it!

 

[grammieto5]

Ooooooo boy, now I’m getting worried, if Gitana, and AZL are having second thoughts about this judge, then that’s not good :/ Is there any way this judge cannot accept what this jury decides, if they were to decide on the DP could this judge change it to LWOP?

 

[Zuri]

You forgot his car(bmw?)... the one she bought from him when she left Arizona and promptly blew the transmission by towing it in gear behind her moving truck. That's what the payments were for iirc, and from the sounds of it, they were likely bouncing.

Thanks for reminding me of this ploy. Yet another scheme to stay tied to TA as it would have taken her years to pay the car off. Can you just imagine if TA had lived, married and had kids and CMJA was still interjecting herself into his life? KCL and others had posted previously that he was doomed as soon as he became involved with this sociopath/borderline. She was never going to let him go. IMO

 

[Truth Detector]

According to the tweets -- without audio/video it's a little like we are blind and deaf from birth and someone is describing colors and sounds to us -- JM may have been somewhat effective in dispelling the pedophilia testiphony.

He pointed out that LCMF first testified that TA wasn't a pedophile, but then she switched and said that's why JA waxed -- so she'd look like a prepubescent girl who was shocked to learn that TA thought hers sounded like a 12 year-old's first orgasm.

LCMF said that vomiting was a normal response to catching your partner masturbating with a picture of a little boy, and that such an incident might change your relationship. Not sure why she needed an analogy, perhaps so the lay-questioners on the jury could understand [read condescension], she then said it was like catching your husband cross-dressing for the first time. (Huh?)

JM reminded her that the first story was TA's attraction to 12 year-old girls -- clearly inconsistent with JA's testiphony [about the the little boy picture which falls off the bed in the chaotic way that paper falls].

Yet the only witnesses who have testified to having had sex with TA are the murderess and Deanna.

Chaotic and frenzied are the ways she slaughtered TA, for pity's sake!

 

[Zuri]

Ooooooo boy, now I’m getting worried, if Gitana, and AZL are having second thoughts about this judge, then that’s not good :/ Is there any way this judge cannot accept what this jury decides, if they were to decide on the DP could this judge change it to LWOP?

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

 

[MeeBee]

Paul Sanders says juror #3 was a note taker. Perhaps book writer juror and older juror who nods are just two different people.