Retrial for Sentencing of Jodi Arias - Day 6 - Part 3

[Nali87]

I don't think so. I think she's bending over backwards to give the defense team less chances of appeal. By giving in to their game of secrecy, she knows the appeals court will overrule her. She's called the DT's bluff. I really don't think JSS likes Jodi, and she won't hesitate to give her LWOP if the jury votes against Death.
I trust that she understands what she's doing, even if we don't.

I guess we will have to wait and see what the appeal's court decides (IF they take on the case). I don't know - some of you say that JSS is cautious (to a fault) and that most of her actions are to prevent a succesful appeal. I just can't see such a cautious judge taking a huge gamble like this one; it depends on too many factors. What if the DT appeals the ruling of the appeal's court? Are we then looking at even more delays?

And if she's so certain of the fact that her decision to seal is WRONG and that the appeal's court would overturn it, why even take the decision in the first place? She could have just not done it, knowing that the DT wouldn't have any success when appealing it.

 

[lilyet]

Going out to enjoy the sun while it is here, because in Washington this time of year it is a rare treat. Enjoy your Sunday afternoon.

 

[LinasK]

I guess we will have to wait and see what the appeal's court decides (IF they take on the case). I don't know - some of you say that JSS is cautious (to a fault) and that most of her actions are to prevent a succesful appeal. I just can't see such a cautious judge taking a huge gamble like this one; it depends on too many factors. What if the DT appeals the ruling of the appeal's court? Are we then looking at even more delays?

And if she's so certain of the fact that her decision to seal is WRONG and that the appeal's court would overturn it, why even take the decision in the first place? She could have just not done it, knowing that the DT wouldn't have any success when appealing it.

To call their bluff- give them less reason to scream "mistrial". I'll just bet they really didn't think JSS would clear the courtroom, so plan B is to leak the secret witness,but try to pin it on the Alexanders (Jodi gets to inflict as much damage as possible), and now they can still cry mistrial.

 

[Zuri]

Well if Aunt Sue is saying the Alexander's were the leak, that tells me the exact opposite- that the leak came from the Arias family. So was it Aunt Sue or Sandy???:thinking::waitasec:

My planted post did what I suspected it would do re: the Alexanders and supporters revealing it was CMJA on the stand. Aunt Sue Has no original thought it seems and she does read here. Shame on her.

Sorry if I offended anyone yesterday by my suggestion. I figured Kiefer or a CMJA supporter would pick up on it and I wanted to see who it would be. So now we know. IMO she is reprehensible as she has skewered the Alexanders who have done nothing to her. Speaks a lot about her character don't you think? JMV

 

[bznbear]

Nana,
the jurors are just folks like us. If I saw that this killer had the whole courtroom at her advantage, provided by the judge, I would think she had maybe been wrongfully accused and I should give credence to what she has to say. For me, this is very prejudicial against the State. I guess JM didn't care. But I can't help but think that JM and JSS did not think this through and it's going to backfire.

Now I realize at the end of the day, Jodi will be going off to Perryville. My only hope is that she is somehow kept in confinement for the rest of her sorry life. I wish I saw something redeemable in her. I don't want to hate her. I wish she had true remorse and had admitted it in the beginning with true remorse and had asked for LWOP. But she has been tying to blackmail the prosecution since she was arrested. And waht really unnerved me was the gall that she had in sending his grandmother flowers and an 18 page letter. Ugh! I could literally beat her myself.

I try to see the good in everyone, too, curious, and I realize sometimes people are simply unredeemable. JA is simply that. I don't hate her, and I am very afraid of her. She has no soul, no conscience, no guilt. She is chaos and hate. She is the destroyer of what she covets and can never have. Sad and empty and very very dangerous, imho.

 

[Steve44]

To call their bluff- give them less reason to scream "mistrial". I'll just bet they really didn't think JSS would clear the courtroom, so plan B is to leak the secret witness,but try to pin it on the Alexanders (Jodi gets to inflict as much damage as possible), and now they can still cry mistrial.

IMO they'll never get a mistrial because of the "leaked" information. If I understand correctly, mistrials are only granted because of wrongs done by the court. The court did not and could not have any control over leaked information, so it wouldn't be their wrong to right. Some on the side of the defense may be hoping for this, however.

 

[bznbear]

It is a fact that someone posted on a website BEFORE the media were sent packing that: the media would be sent packing, that CMJA had asked for this, and that she would be testifying that day (not allocuting).

It's also a fact that this was posted on a website officially sanctioned by CMJA and Auntie Sue.....sanctioned during what appeared to be an illegal 3 way phone call from jail that her own supporters made sure was broadcast far and wide.

It can be documented that Maria the mitigator posts on that website in a walled off "vent" room for the "inner circle." (Screen grabs).

The person posting about CMJA testifying thought he was posting in that secret little chat room but oops...it was on the main site instead. The post was deleted within minutes, but not before it was captured with a screen grab and widely posted on social media.

Those are the facts. At the time of the post , the media didn't know they were going to be kicked out. Who knows whether or not JM saw it coming.

After the secret testimony ended , who from inside the room could have leaked? The whole list:

-The judge-JSS
-Jurors
-JM
-Alexander family
-court staff
- Nurmi and Wilmott
- Maria DL

IMO there are only 3 logical possibilities, and ALL are on the DT.

Adding...either Troy Hayden is unprofessional enough to report rumors as sourced facts or CMJA took the stand and he received confirmation of that from at least 2 other people who knew she testified and the gist of what she said.

It's a shame the prosecution can't benefit from DT's unethical antics.

 

[Nali87]

To call their bluff- give them less reason to scream "mistrial". I'll just bet they really didn't think JSS would clear the courtroom, so plan B is to leak the secret witness,but try to pin it on the Alexanders (Jodi gets to inflict as much damage as possible), and now they can still cry mistrial.

I think Juan Martinez would have presented some really sound legal argument against all the secrecy. For the life of me, I can't imagine JSS's going "You know what, I'm sick and tired of this defense team. Even though their request makes no sense - I'm going to grant it! I'll ignore logic and reason and I'm going to call their bluff!" How does she defend such a decision? Judges aren't supposed to grant things, hoping that the media will appeal and the appeal's court will overturn just to not get another motion from the DT. If that's the way she works, then I wouldn't consider her a very good judge.

By the way, I imagine motions asking for a mistrial are a daily thing in DP cases. I imagine judges would be surprised NOT to get mistrial requests.

 

[AZlawyer]

The Arizona Court of Appeals has tentatively set this case for argument on November 25 in the afternoon, but that can definitely change if the media's request for expedited consideration is granted. It's basically a form order they issue when they get a special action.

 

[Steve44]

It's a shame the prosecution can't benefit from DT's unethical antics.

They can, if it becomes obvious to the jury.

 

[elementary]

He didn't say that. He said if JA gets the DP that would take place, as it would in any DP conviction. I don't think he was implying this is all about him, either, I think what he was saying is if JSS goes back on her ruling, or it's reversed in appeal, those doing so better be very sure this won't lead to a mistrial, particularly if she gets the DP, at any time in the future, be it 5, 10, or 20 years hence.

We all know the DP is controversial, and there is an entire industry and faction of the legal community that is devoted to abolishing it, and reversing all current convictions. Perhaps this is as it should be, but in this DP case I believe JSS is doing all she can to see that if JA does get the DP that there is nothing anyone can do, now or in 20 years, that will reverse it. I think this explains her extreme actions in giving the defense most of whatever they ask for.

He did say that:

William Pitts ‏@william_pitts 2h2 hours ago

Nurmi: if #JodiArias gets death, our (Nurmi and Wilmott) representation will get scrutinized for years.

First of all, she would appeal even if she didn't get the DP. Nor does Nurmi argue about the "case', but, rather, their "representation". Hmmmm. Fact is, they have been scrutinised from the beginning, it's a given, and of course, it will continue. If the argument is simply about appeals, then Nurmi is playing to the judge's fears, nothing more. And most importantly, is that not one of the reasons why the 1st amendment is there- to invite and encourage scrutiny?

I think it is indeed about the DT and how they look. And whatever the murderer was saying was probably shocking, and probably involved smearing her family, and I guess the family doesn't want her lies getting out, either. So it's about the reputations of all involved with the DT, IMO (nor do I believe the judge will unseal this for years after the trial).

What I find even more stunning is that the judge even sealed her reasoning for denying the motion!

 

[Zuri]

KCL can attest to the fact that last year, the Alexanders never discussed anything that happened in chambers or anything under seal with her or any of the people who were close to the Alexanders.

All the leaks have come from the DT either directly or indirectly to Kiefer, who then disseminated the information. Other members of the media avoid him because of his unscrupulous behavior, speech and tactics. IMO he received a smack down by The Arizona Republic for his viciousness which can be evidenced in his tweets during this trial, as they are consistent with other tweets by the media. Then we have Justice4all, perhaps his alter, that skewers the Alexanders and JM and seems to only follow MK in the media, and will retweet his tweets. Coincidence? I think not. JMV

 

[LinasK]

My planted post did what I suspected it would do re: the Alexanders and supporters revealing it was CMJA on the stand. Aunt Sue Has no original thought it seems and she does read here. Shame on her.

Sorry if I offended anyone yesterday by my suggestion. I figured Kiefer or a CMJA supporter would pick up on it and I wanted to see who it would be. So now we know. IMO she is reprehensible as she has skewered the Alexanders who have done nothing to her. Speaks a lot about her character don't you think? JMV

What post did you plant?? I guessed the secret witness was Jodi since she was seen putting on her blazer, and her family was kicked out. Apparently Beth Karas suspected it too. Don't beat yourself up. Looks like Jodi's apple didn't fall far from her family tree.

 

[Steve44]

He did say that:




First of all, she would appeal even if she didn't get the DP. Nor does Nurmi argue about the "case', but, rather, their "representation". Hmmmm. Fact is, they have been scrutinised from the beginning, it's a given, and of course, it will continue. If the argument is simply about appeals, then Nurmi is playing to the judge's fears, nothing more. And most importantly, is that not one of the reasons why the 1st amendment is there- to invite and encourage scrutiny?

I think it is indeed about the DT and how they look. And whatever the murderer was saying was probably shocking, and probably involved smearing her family, and I guess the family doesn't want her lies getting out, either. So it's about the reputations of all involved with the DT, IMO (nor do I believe the judge will unseal this for years after the trial).

What I find even more stunning is that the judge even sealed her reasoning for denying the motion!

He said if JA gets death, that's the DP, nothing else.

 

[hindsight2020]

How do you think the appeals court will rule next week? No need or an educated guess - just tell me your gut feeling!

I am hoping that it is reversed, however, if the court of appeals does not reverse the ruling then it will probably be for good reason as stated by AZL. I am not too worried about the closed testimony. Any new claims/lies/allegations/evidence will be countered by Juan, hence will probably work against her, the more she talks the deeper the hole, and we all know this B likes to talk. Because, if she had anything concrete, she would have used it in the guilty phase, now its all about damage control and trying to create chaos/confusion to either get one juror to believe the mud she slings, cause a mistrial or be successful on appeal.

 

[Quester]

? Could JSS have made the extraordinary decision to clear the courtroom, for this mystery witness, knowing full well her decision would be overturned but having been assured by the DT, that by that time, the bulk of the sensitive information would already have been testified about and therefore not released until the end of the trial along with all the other information (video, etc)? TIA

 

[LinasK]

I think Juan Martinez would have presented some really sound legal argument against all the secrecy. For the life of me, I can't imagine JSS's going "You know what, I'm sick and tired of this defense team. Even though their request makes no sense - I'm going to grant it! I'll ignore logic and reason and I'm going to call their bluff!" How does she defend such a decision? Judges aren't supposed to grant things, hoping that the media will appeal and the appeal's court will overturn just to not get another motion from the DT. If that's the way she works, then I wouldn't consider her a very good judge.

By the way, I imagine motions asking for a mistrial are a daily thing in DP cases. I imagine judges would be surprised NOT to get mistrial requests.

If Juan didn't argue against the closed courtroom, then he must see through their BS. No doubt Juan ripped/will rip her to shreds. He's done it before. My favorite moments were when he asked her if she was crying while she slit Travis's throat and stabbed and shot him.

 

[bznbear]

I truly don't understand how JA supporters could hate the Alexander family. Do they not realize the case belongs to the State of AZ? And what did the family do to Arias that she didn't do to herself? It's so irrational. I could see, I suppose, being angry at the state, the DA, the judge, the entire court system, but what has TA's family done other than be the victim's relatives, show up every day to court, and hope for justice?

JA's darkness creates darkness in others, I think, who are susceptible and easily manipulated. I like to think they're the minority.

 

[LinasK]

The Arizona Court of Appeals has tentatively set this case for argument on November 25 in the afternoon, but that can definitely change if the media's request for expedited consideration is granted. It's basically a form order they issue when they get a special action.

Isn't that Thanksgiving???

 

[Zuri]

View attachment 62591

Coincidence that the name Angela appears there?