Retrial for Sentencing of Jodi Arias #3

[dog.gone.cute]

Is there anything on today? Having a bit of a carp week so not really with it

Nothing for today, but the

:back: :whine: :back: :whine:

:jester: :clown: :jester: :clown: :jester: :clown: :jester: :clown:

opcorn: :needdrink: opcorn: :needdrink:


I mean :judge:

Continues on Monday, October 6 !

 

[YESorNO]

Just been informed that the website link for the court minutes that I posted isn't working- sorry for that:

Michael K. Jeanes, Clerk of Court
*** Electronically Filed ***
10/03/2014 8:00 AM

09/29/2014


Here it is again http://www.courtminutes.maricopa.gov/docs/Criminal/102014/m6511485.pdf

 

[fifteen89]

:seeya: Hello,


You may want to start with the Re-Trial Threads listed below:


Retrial for Sentencing of Jodi Arias #1

http://www.websleuths.com/forums/showthread.php?254184-Retrial-for-Sentencing-of-Jodi-Arias



Retrial for Sentencing of Jodi Arias #2

http://www.websleuths.com/forums/showthread.php?256796-Retrial-for-Sentencing-of-Jodi-Arias-2


Retrial for Sentencing of Jodi Arias #3

[You are already here]

http://www.websleuths.com/forums/showthread.php?258202-Retrial-for-Sentencing-of-Jodi-Arias-3


Current Sidebar Thread #30

http://www.websleuths.com/forums/showthread.php?258240-SIDEBAR-30-Arias-Alexander-forum



I hope this helps !

Yowza that's a lot of reading....most of it tweets from the media about perfectly good jurors being sent home. All the tweets are here: http://www.websleuths.com/forums/sh...edia-timeline-thread-**no-discussion**/page63

And the 59 page document filed by the defense trying to take the DP off the table. Haven't found a link to that yet.

The auctioning of her glasses and that money supposed being donated to a charity.

Anything I'm missing? Hate to see you have to wade through all that carpola.

 

[dog.gone.cute]

Yowza that's a lot of reading....most of it tweets from the media about perfectly good jurors being sent home. All the tweets are here: http://www.websleuths.com/forums/sh...edia-timeline-thread-**no-discussion**/page63

And the 59 page document filed by the defense trying to take the DP off the table. Haven't found a link to that yet.

The auctioning of her glasses and that money supposed being donated to a charity.

Anything I'm missing? Hate to see you have to wade through all that carpola.

:seeya: Yes, lots of reading, but good reading on the Re-Trial Threads #1 #2 and here ...


Here is a link to the "59 page Motion" : http://media2.abc15.com/html/pdf/JodiAriasMotionOct1.pdf


Jury Selection continues on Monday October 6.

 

[AZlawyer]

Some questions for AZLawyer about that "60 page" Motion:


- Does the State file a written opposition to that Motion and if so, when is it due with the court ?

If so, hopefully the reporters will be on it and get us a copy before the Hearing.


- The Hearing is scheduled for 10/14/14. So will the Hearing be held in open court for everyone to see -- or -- in chambers ?


- Will the Judge rule from the bench on the Motion -- or take it under advisement?


- And finally, do you think the Motion has any "merit" ?


:tyou: Thank You very much for your responses !

Yes, JM will get to file a response. I don't think I've seen a date set for that--ordinarily, it wouldn't be due until after the Oct. 14 hearing date, so I assume JM will want to get it filed early.

Who knows whether the hearing will be sealed. The judge seems to be a bit seal-happy in this case.

She will probably take it under advisement, if for no other reason than to look like she is not making a snap decision on what is supposed to be a very serious motion.

As for the motion itself, most of it seems to be rehashed arguments that were already rejected by the judge. There are a couple of newer issues raised that are just IMO pretty petty things that are never going to get the DP off the table.

As for the Mrs. Flores tweets, first, I would sure like to know if JM/Flores deny the genuineness of this Twitter account. Second, if the defense was so upset about the "sealed info" being revealed, why did they republish it in this unsealed motion??? :facepalm: Anyway, I don't think any of the information supposedly tweeted by Mrs. Flores would be enough to get the DP off the table.

I haven't looked at the Mrs. Flores YouTube videos. I note that the defense says that her "status as the poster is not in doubt" for the YouTube account. But I don't see what they think is "prosecutorial misconduct" with respect to the videos. Maybe if JM said to Flores, hey, get your wife to post these videos I made. But from what's in the motion, I don't see these videos leading to a removal of the DP option.

Why wasn't that motion sealed? I thought all defense motions were sealed.

Seems a bit covert to me...let's just put this out there for all to see. Eh, throw in the "f" word here; nobody will remember that he didn't say it. *snicker*.

Lots of the motions are not sealed.

Is a deal necessary? I think this is the state's call--if they decide to remove the DP then there is no need for a penalty trial because the only penalty possible is Life. Since a jury is required only to decide between Life and Death, there would be no need for a retrial. And I do not think the state needs the defense approval to remove the DP and let the judge decide sentence. They can just do it, if they choose. IMO.

ETA: Just thought of another question. IF this were to happen (state removes DP so the only sentence that can be given is Life) would there then be a mitigation phase necessary to try to convince the judge to give LWP?

Yes, the State can remove the DP without the permission of the judge.

There would still be a sentencing hearing (before the judge), which would be similar to a mitigation hearing although obviously they could skip everything from the first trial--and actually she would be within her rights to say, I was there for the last mitigation phase and will decide based on the evidence already presented.

 

[LinasK]

Looking at remorse as a mitigator, let's be particular and specific. It is "moral anguish arising from repentance for past misdeeds." By contrast, Arias claims innocence. No misdeed there! Far from repenting, she asks judge & jury to find that she was justified in her actions June 4, 2008 because she was defending herself. Nurmi strayed from that defense in his closing at trial because of the weight of evidence against the position. But Arias has never recanted.

Never mind horror at crime scene photos, which frightened Arias because they exposed her. Moral anguish is distinct and speaks to awareness & understanding of the wrongfulness of her acts. This is the woman who blithely informs Flores that she only follows the ten commandments. Bearing false witness at the time, while considering thou shall not kill and looking at her ring finger.

Her only moral anguish is that she got caught.

 

[dog.gone.cute]

:tyou: :tyou: AZLawyer for the explanation of the DT's Motion !

 

[rose222]

:tyou: :tyou: AZLawyer for the explanation of the DT's Motion !

I second that. It's so reassuring to have AZlawyer here with us. Thank you so much for answering all our questions and being so patient, AZlawyer. :loveyou: :tyou::yourock:

 

[Hez]

I don't know who she is and go out of my way to avoid her except this time it was unavoidable. She's a very strange woman and she is EVERYWHERE. Anytime I'm reading a article on Jodi, there she is, spewing her hate and nonsense. She's obsessed. And, apparently, Jodi doesn't want anything to do with her, though that's only from the back of my head. I can't remember exactly what was said or what happened.

SW is equivalent to OrlandoEast from the CA trial, leaving a trail of ignorance and misinformation with every post. :facepalm: It just shows you the type of people that are drawn to people like Jodi and her ilk, like moths to a flame.

 

[blefuscu]

Who is SW? Please!

 

[rose222]

Who is SW? Please!

<modsnip> An ardent supporter of JA. She has a website out there but I must warn you that it is full of BS.

 

[janx]

Is anything scheduled for Monday? Are jurors coming back for voir dire?

 

[T-4-2]

Her only moral anguish is that she got caught.

That she got caught -- which had nothing to do with her and everything to do with other people going off-script and/or poking their noses into her business. Then, on top of everything else she's had to put up with, all of the perfectly good lies she's put so much time and effort into (really some of her very best work) have been summarily rejected by everyone other than a few crackpots and incompetents. The jury "deceived" her, which makes no sense to normal people simply because deception requires willful misrepresentation, which Jodi knows a thing or two about, and unless the jury was giving her a collective thumbs-up every day, there was exactly zero deception. She did manage to convince four of them that although she was eligible for the death penalty, she did not necessarily deserve it. She'd hardly consider that a victory though, since she's still stuck in jail, still wearing the dumb clothes, still wearing the fake glasses, still a brunette, still prevented from going to Starbucks, from taking road trips except between jail and court, from checking off more places on the Thousand Places to Visit Before You Die list, and from checking off more names on her "People To Kill" list. Can we really blame her for being a little bit irritable? She's only human after all. I'd be getting pretty impatient too if I had to deal with so much obstinance and stupidity, day in and day out.

 

[east2west]

I say we bargain with her: gun and knife location in exchange for an unchallenged Mitigation Factor. Tell us where you ditched the gun and knife (knives) and we'll not challenge a Mitigating mental health diagnosis (BPD or PTSD, your choice). It's a win/win in my book. [emoji4]

ETA: Surely the fog has lifted by now. 2008 to 2014.

 

[Truth Detector]

Oh, yes. He protested a little too much, if you know what I mean.

[video=youtube;j3lZ6wCr7-o]https://www.youtube.com/watch?v=j3lZ6wCr7-o[/video]

 

[turaj]

[video=youtube;j3lZ6wCr7-o]https://www.youtube.com/watch?v=j3lZ6wCr7-o[/video]

thanks for the memories!!! I miss him.

 

[T-4-2]

[video=youtube;j3lZ6wCr7-o]https://www.youtube.com/watch?v=j3lZ6wCr7-o[/video]

I'd forgotten how much his face looks like a canned ham.

 

[Renee110]

I'll never eat ham again.

 

[salberg7]

Why can't it be introduced somehow in this penalty phase that the killer had, in her possession, a handgun & a knife when she was arrested? Can't the prosecution use that as one of the factors to help determine the convict's state of mind & that just through her having these weapons her state of mind was such that she would/could perhaps kill again & should be given death because if she was ever given the possibility of getting parole she should be considered a danger to society? Or was she still in the "fog" when she was arrested. Who drives around with a 9mm taped to an engine?
Darn, if the defense can bring up tweets allegedly sent by someone with ties to the investigator, can't the prosecution bring out the FACT that CMJA had those weapons?
I love my country & would give my life for the USA if necessary but for goodness sake, our system seems to give a defendant more rights than the victim.

 

[rose222]

I say we bargain with her: gun and knife location in exchange for an unchallenged Mitigation Factor. Tell us where you ditched the gun and knife (knives) and we'll not challenge a Mitigating mental health diagnosis (BPD or PTSD, your choice). It's a win/win in my book. [emoji4]

ETA: Surely the fog has lifted by now. 2008 to 2014.

Stealing the gun from her grandfather's home was dumb, dumb, dumb. (I now believe that she planned all along to use both the gun and knife to make it look like two people murdered Travis.) Considering that she is as smart as Einstein and capable of writing an entire Manifesto liar she's not too bright. Of course she'll never reveal the location of the gun since she wants us to believe that she shot Travis with his gun. And, even if we do find the gun she'll say that the burglar managed to hide it in the desert (or wherever) in order to frame her. The list of people who are out to get poor Arias is never-ending. What's a girl to do? :dramaqueen: