Retrial for Sentencing of Jodi Arias - Day 38

[LinasK]

I have NO faith that the Jury will decide on the death penalty. Most likely - hung again ....
I'm disheartened by the entire Jury selection process in death penalty cases. Why would you ever allow someone to serve on a Jury who states they don't believe in judging others AT ALL ( C.Anthony case) or in this case, someone who only believes in the death penalty for serial killers? IMO you have to select people who feel that the death penalty is an appropriate sentence for this crime, if proven.

BBM. Judge Perry caved and seriously erred when he allowed that woman onto the jury, but I could see that he felt pressured that the DT was going to claim racial bias (she was black) if he didn't let her on, so he did. I lost all respect for him when that happened.

 

[Hatfield]

JW is providing ex parte notices that she wishes to have sealed. There are 3 - judge orders them sealed even though she has not seen them, does not know what they are. There will be other supplemented materials given related - and JSS will also seal those.

WTH?

I wont be surprised if the jury verdict is sealed at this point? Sheeesssshhhhh

 

[katydid23]

definition:
An ex parte motion asks for a court order before the other party has an opportunity to be heard ... A hearing will then be scheduled with notice to all parties.


So JW has THREE notices that need hearings???????? :no:

 

[Hope4More]

Dave Erickson ‏@ericksonvision 8m8 minutes ago
I've never seen anything like this in my career. Did #JodiArias allow ego to override a chance to spare her life. My column posted soon.

^^^ The smelly looky goddess thinks she knows it all.

I don't think she had a chance. She threw that chance away by choosing to try to convince the jury Travis deserved to die, IMO. I've believed all along the jury would reward her efforts by giving her the DP.

That she is so transparently unremorseful will just make it easier for the jury, IMO.

 

[Truth Detector]

And St. Jodi of Arias, feet shackled, hands restrained, rides off on her hobby horse toward Estrella lock-up to tilt at jailhouse windmills.

 

[LinasK]

I think if they follow the instructions, as I have come to understand them these past couple of days.. They should vote for DP. If you measure the cruel way Travis died against the mitigating factors presented, then none measure up. Including the Borderline Personality Disorder diagnosis. (And I've been overthinking the crap out of the BPD.)

Which is why I wonder, if the jurors can just "show mercy" even if the mitigating factors aren't sufficient. :thinking:

But her own defense team ignored the BPD. They didn't showcase it as a mitigating factor. Instead they tried to push the PTSD which she didn't have. Someone who truly had PTSD from committing a murder wouldn't go out and get the exact same type of weapons to go on another trip with. If Jodi has PTSD, it's fear of going to Death Row.

 

[DebinGA]

Try as I might, I really can't image what the DT is going to say in closing argument tomorrow. They can't argue snapped, they won't dare openly call Travis a pedophile, they can't talk about the murder itself.

What are they left with? That her mother hit her with a spoon, that a nameless fellow said he found adult on a computer, and that another nameless fellow called a Bishop a liar?

The DT is counting on the BPD finding of the unprofessional, unethical, inexperienced, incompetent Dr. DeMarte ... apparently.

 

[kaRN]

Video of allocution by JA's dear friend/jailmate murderess Marissa Devault:

https://www.youtube.com/watch?v=CvSoy8d47I8

I bought it but I know nothing compared to her jury. JA could never pull that off IMO. NEVER! lol

 

[wenwe4]

So the dt never brought back MF nor pseudonym nor others to prove JA worth to humanity? No sister or mom or dad to stand up for her? No supporters from her twitter or blog? Not even for herself!

 

[TexMex]

Justice for Travis

Warning Extremely Graphic

Spoiler

 

[AZlawyer]

Here's the part of the jury instruction I was talking about above:

You individually determine whether mitigation exists. In light of the aggravating
circumstance you have found, you must then individually determine if the total of the
mitigation is sufficiently substantial to call for leniency. “Sufficiently substantial to call for
leniency” means that mitigation must be of such quality or value that it is adequate, in the
opinion of an individual juror, to persuade that juror to vote for a sentence of life in prison.

Even if a juror believes that the aggravating and mitigating circumstances are of the same
quality or value, that juror is not required to vote for a sentence of death and may instead
vote for a sentence of life in prison. A juror may find mitigation and impose a life sentence
even if the defendant does not present any mitigation evidence.

A mitigating factor that motivates one juror to vote for a sentence of life in prison may
be evaluated by another juror as not having been proved or, if proved, as not significant to
the assessment of the appropriate penalty. In other words, each of you must determine
whether, in your individual assessment, the mitigation is of such quality or value that it
warrants leniency in this case.

The law does not presume what is the appropriate sentence. The defendant does not
have the burden of proving that life is the appropriate sentence. The State does not have the
burden of proving that death is the appropriate sentence. It is for you, as jurors, to decide
what you individually believe is the appropriate sentence.

In reaching a reasoned, moral judgment about which sentence is justified and
appropriate, you must decide how compelling or persuasive the totality of the mitigating
factors is when compared against the totality of the aggravating factors and the facts and
circumstances of the case. This assessment is not a mathematical one, but instead must be
made in light of each juror’s individual, qualitative evaluation of the facts of the case, the
severity of the aggravating factors, and the quality of the mitigating factors found by each
juror.

 

[Love Never Fails]

Dave Erickson ‏@ericksonvision 8m8 minutes ago
I've never seen anything like this in my career. Did #JodiArias allow ego to override a chance to spare her life. My column posted soon.

^^^ The smelly looky goddess thinks she knows it all.

AZlawyer said JA could still choose to allocute tomorrow so maybe JA wanted the night to prepare?

 

[Mindmatters]

Try as I might, I really can't image what the DT is going to say in closing argument tomorrow. They can't argue snapped, they won't dare openly call Travis a pedophile, they can't talk about the murder itself.

What are they left with? That her mother hit her with a spoon, that a nameless fellow said he found adult on a computer, and that another nameless fellow called a Bishop a liar?

I think they have no other choice but to stay with the PTSD.

 

[LinasK]

Not exactly, but the jury instructions are very touchy-feely about each individual juror weighing the agg factor and the mitigating factors and coming up with his or her own personal decision. There is definitely a way to argue that instruction that sounds a lot like "look, just be merciful."


In this context, it may mean that either Jodi or some non-party sent something directly to the judge (which would be improper). JSS is saying, "I'm not going to even read whatever this is. We'll just file it under seal."

Oh, so someone on Jodi's side sent some other BS now, like from Fibber McGee (like that one!) and is still trying to get it in. Will the judge ever unseal it and look at it after trial??

 

[MsJosie]

It would be fun to have a poll asking for date we think jury's decision will be read in court. Lambie?

A poll of what you want the verdict to be and a poll what you think the verdict will be.

 

[TexMex]

AZlawyer said JA could still choose to allocute

I bet the Judge will ask her one more time after Jodi sleeps on it

 

[AngelWings444]

I'm not going to guess the verdict because when I do, it ends up being the opposite. I'm sure the Alexanders are so relieved this finally might be over. I can't imagine what they go through on a daily basis and I hope they have some peace and closure soon. My thoughts are with them right now.

 

[ZsaZsa]

I don't think she had a chance. She threw that chance away by choosing to try to convince the jury Travis deserved to die, IMO. I've believed all along the jury would reward her efforts by giving her the DP.

That she is so transparently unremorseful will just make it easier for the jury, IMO.

I think she and her entire defense team and experts made up a 'perfect storm' of how not to defend a very brutal murder. Their combined arrogance and malevolence towards the victim did them in. Even so, the original Jury who witnessed all that, couldn't come to a decision as to her fate.
Let's hope this Jury can at least come to a just decision as to how to punish her.

 

[Hatfield]

definition:
An ex parte motion asks for a court order before the other party has an opportunity to be heard ... A hearing will then be scheduled with notice to all parties.


So JW has THREE notices that need hearings???????? :no:

We knew the DT would try to delay this.

Now the million dollar question.
"Will JSS stop the DT and finish this trial tomorrow or not?"

Taking bets in Vegas right now. The longshot bet pays well.

 

[Luvrosco]

I have NO faith that the Jury will decide on the death penalty. Most likely - hung again ....
I'm disheartened by the entire Jury selection process in death penalty cases. Why would you ever allow someone to serve on a Jury who states they don't believe in judging others AT ALL ( C.Anthony case) or in this case, someone who only believes in the death penalty for serial killers? IMO you have to select people who feel that the death penalty is an appropriate sentence for this crime, if proven.

Sadly, I think you're right. I don't think she'll get the DP and they'll hang.:tantrum: