SIDEBAR #26- Arias/Alexander forum

[dog.gone.cute]

Jodi Arias seeks delay of penalty phase retrial

PHOENIX (AP) -- Jodi Arias is asking for a delay in the penalty phase retrial of her murder case while a judge considers whether to allow one of her attorneys to quit the proceedings.


http://www.azfamily.com/news/Jodi-Arias-due-back-in-court-ahead-of-retrial-271092791.html

 

[krkrjx]

I don't think there is LWP on the table for missy :jail:.

If the laws are changed in the future, it could be possible.

Jen is on HLN (by phone) right now.

LWP is a possible sentence in this case. I believe the law would have to change in order for her to actually get released but laws change all the time so for me LWP would be an atrocity. Even if she had to serve 25 years or more. If she EVER gets out it will be an atrocity.

My biggest fear: That no matter what happens Arias will be set free one day.

Remember Kenneth McDuff who was on Death Row but instead of being executed he was released from prison! Not because he won an appeal or anything was overturned. His release was solely due to something stupid like prison overcrowding.

If it is far enough in the future where her crimes have not made headlines for awhile the heinous nature of the murder will not even be considered as a factor anymore, I can totally see some bleeding heart advocating for sentence commutation. And succeeding.

 

[dog.gone.cute]

Photo at:

http://www.abc15.com/news/region-ph...nix/jodi-arias-back-in-court-ahead-of-retrial



Jodi Arias seeks delay of penalty phase retrial

 

[Love Never Fails]

The judge can't say "there's no going back," because the US Supreme Court says she can. At least once.



Yes, I'm not sure why everyone's mad at the judge about today's hearing. She didn't even make any decisions yet, did she? She is making sure Jodi gets to put on her "proof" justifying her delay request and she seems to be trying to keep Nurmi on as long as she can possibly can.





There is a "possibility" of parole, but as things stand now there's no procedure in place to ask for it and no one who is empowered to grant it. So the "possibility" depends on those things being in place down the road.

AZlawyer, I understood Nurmi walked out of the court after his ex parte with JSS and before court was over. Of course, since I didn't see it first hand, I wouldn't know. If he left before it was over, isn't it possible she allowed him to be removed as counsel? That's a part of why I was angry. The rest is obvious. JA saying if he leaves, then she would change her mind about representing herself. Oh and then asking for a delay. And then the poster (I guess Jens Diaries) stating the request for delay would be continued on August 22nd. I know I am not quoting that right. Anyway, can't the judge just make her mind up at one hearing once and for all? This has been going on for years.

 

[YESorNO]

We're all angry, Curious- this trial is a mess and is taking so long, IMO.

Missy:jail: is making this trial into some kind of a circus- with all her manipulative "powers" that narcissist's have.

Stall, stall stall- she will appeal, appeal, appeal every little part :gaah:

Everyone sees what they see in this trial, and that's OK.

 

[Love Never Fails]

Photo at:

http://www.abc15.com/news/region-ph...nix/jodi-arias-back-in-court-ahead-of-retrial



Jodi Arias seeks delay of penalty phase retrial

Even the Media is reporting that the judge said no more delays and yet she is considering this. I'm scratching my head here.

 

[Hatfield]

"...Arias, 33, has already been found guilty of first-degree murder, and there are three sentencing options: death, natural life in prison, or life with a chance of release after 25 years.

Under state law, prosecutor Juan Martinez and his boss, County Attorney Bill Montgomery, need a jury to get a death penalty.

They do not need a jury or an agreement from Arias to get a life sentence; all they need to do is drop the intent to seek the death penalty and the decision would then go to Judge Sherry Stephens. And in the unlikely event that Stephens were to impose a sentence of 25 to life, there is no longer any mechanism to facilitate a release short of clemency granted by the governor.

The option of parole for first-degree murderers was eliminated in 1994, although the phrase “life with chance of parole” has erroneously lingered in court parlance. And even the chance of “release” after 25 years has been eliminated for murders committed after 2012..."

http://www.azcentral.com/community/...as-sit-prosecutors-settlement-conference.html

Wow No wonder we are confused.

I do recall the 3 options as well. Wondering if the jury can explicity decide the 2nd option which seems to guarantee that no parole is to be given to her no matter what.

 

[krkrjx]

Is this a puzzle? Are you speaking of Anthony? I thought the judge was awesome.

Not a puzzle, I am speaking of Anthony, and I disagree he was awesome. He is a brilliant man and his legal rulings were sound and IMO was not intentionally biased but he did something that made my jaw drop more than once. Once during the trial but mostly during jury selection.

I have not seen JSS do anything even remotely jaw dropping. Not yet anyway. Of course, if she releases Nurmi at this stage in the game I will change my opinion.

 

[dog.gone.cute]

:rose: Remembering Travis :rose:

 

[Kensie]

Go away already killer. She is beyond sickening and disgusting.

 

[YESorNO]

Not a puzzle, I am speaking of Anthony, and I disagree he was awesome. He is a brilliant man and his legal rulings were sound and IMO was not intentionally biased but he did something that made my jaw drop more than once. Once during the trial but mostly during jury selection.

I have not seen JSS do anything even remotely jaw dropping. Not yet anyway. Of course, if she releases Nurmi at this stage in the game I will change my opinion.

BBM Me too.

 

[dog.gone.cute]

Wow No wonder we are confused.

I do recall the 3 options as well. Wondering if the jury can explicity decide the 2nd option which seems to guarantee that no parole is to be given to her no matter what.

:seeya: And a big AMEN ! I think we finally have it !

BBM: Hoping and lease: that the jury will understand this !

 

[krkrjx]

:seeya: And a big AMEN ! I think we finally have it !

BBM: Hoping and lease: that the jury will understand this !

I do not think LWP or LWOP are options for the jury. They are to vote for LIFE or DEATH. If they vote for life, only the judge can decide if that is with or without parole.

Someone please correct this if I am wrong.

 

[rose222]

This is from HLN so I'm not going to vouch for accuracy. http://www.hlntv.com/slideshow/2013/04/01/jodi-arias-trial-jury-deliberations-possible-outcomes

"But if the jury decides cruelty is proven beyond a reasonable doubt, the case moves to the sentencing phase.

This is the defense’s opportunity to ask the jury for leniency and present evidence to support why Arias should be spared the death penalty. Witnesses may include Arias’ friends and family. Arias could also make a statement to the jury pleading for her life to be spared.

The jury then deliberates for a third time to determine whether Arias should be sentenced to life or death. Their decision must be unanimous. In the case of a deadlock, a mistrial would be granted and a new jury would be chosen for this phase only.

If the jury votes for the death penalty, Arias would be sentenced immediately, and she is likely to be sent to death row within hours.

If the jury chooses a life sentence instead, the judge will set a sentencing date within 30 to 60 days. At that time, the judge will sentence Arias to life in prison without parole or life with eligibility for parole after 25 years. "

 

[dog.gone.cute]

I do not think LWP or LWOP are options for the jury. They are to vote for LIFE or DEATH. If they vote for life, only the judge can decide if that is with or without parole.

Someone please correct this if I am wrong.

:seeya: Thank you, kr !


BBM: JMO but that is what is scary -- that JSS can decide the WITH or WITHOUT parole.

Again, JMO, but I do NOT trust JSS' judgment !

All :moo:

 

[Hatfield]

I do not think LWP or LWOP are options for the jury. They are to vote for LIFE or DEATH. If they vote for life, only the judge can decide if that is with or without parole.

Someone please correct this if I am wrong.

Can AZ Attorney confirm this?
If the Jury decides for Life, then does that guarantee no parole ever?

Here is what a news link has and it is not clear if the jury does decide life will that guarantee no parole.
--------------------------------------------------------------
at bottom of link below, it says...
"If the new jury fails to reach a unanimous decision during the second penalty phase set for Sept. 8, the death penalty will be removed from consideration. The judge would then sentence Arias to spend her life behind bars or to be eligible for release after 25 years."

http://www.dcourier.com/main.asp?SectionID=1&SubSectionID=1&ArticleID=134671

 

[Love Never Fails]

Not a puzzle, I am speaking of Anthony, and I disagree he was awesome. He is a brilliant man and his legal rulings were sound and IMO was not intentionally biased but he did something that made my jaw drop more than once. Once during the trial but mostly during jury selection.

I have not seen JSS do anything even remotely jaw dropping. Not yet anyway. Of course, if she releases Nurmi at this stage in the game I will change my opinion.

I had forgotten about jury selection. I remember he was in too big of a hurry. But once the trial began, and I missed the first week, I thought he did well. I don't blame her being acquitted on JP. I blame it on the jury one hundred percent. The judges are human beings, apt to make mistakes. I get that. I just think some are far too lenient and biased toward the defense, IMO. That verdict was a travesty.

 

[Hatfield]

This is from HLN so I'm not going to vouch for accuracy. http://www.hlntv.com/slideshow/2013/04/01/jodi-arias-trial-jury-deliberations-possible-outcomes

"But if the jury decides cruelty is proven beyond a reasonable doubt, the case moves to the sentencing phase.

This is the defense’s opportunity to ask the jury for leniency and present evidence to support why Arias should be spared the death penalty. Witnesses may include Arias’ friends and family. Arias could also make a statement to the jury pleading for her life to be spared.

The jury then deliberates for a third time to determine whether Arias should be sentenced to life or death. Their decision must be unanimous. In the case of a deadlock, a mistrial would be granted and a new jury would be chosen for this phase only.

If the jury votes for the death penalty, Arias would be sentenced immediately, and she is likely to be sent to death row within hours.


If the jury chooses a life sentence instead, the judge will set a sentencing date within 30 to 60 days. At that time, the judge will sentence Arias to life in prison without parole or life with eligibility for parole after 25 years. "

I think the bolded answered my question. If this is accurate, I had no idea that the judge still gets to decide even if the jury decides Life. Hopefully the jury will recommend to the judge with no parole. That should sway her decision if the jury states that in their ruling which I think they can.

I really want the death penalty now. I just think the judge is too nice of a person and too leniant. I am afraid that she may give her the parole option even if jury recommends not to.

 

[AZlawyer]

AZlawyer, I understood Nurmi walked out of the court after his ex parte with JSS and before court was over. Of course, since I didn't see it first hand, I wouldn't know. If he left before it was over, isn't it possible she allowed him to be removed as counsel? That's a part of why I was angry. The rest is obvious. JA saying if he leaves, then she would change her mind about representing herself. Oh and then asking for a delay. And then the poster (I guess Jens Diaries) stating the request for delay would be continued on August 22nd. I know I am not quoting that right. Anyway, can't the judge just make her mind up at one hearing once and for all? This has been going on for years.

I saw on the tweets posted here that he walked out, and that the hearing was over. I didn't see anything saying he walked out before it was over.

I don't think it would have been a good idea for her to deny a motion for a delay without investigating Jodi's supposed reasons for the motion (the witness who hasn't been interviewed and the deputies who are allegedly stopping Jodi from doing what she needs to do). Appeal-wise, I mean.

Even the Media is reporting that the judge said no more delays and yet she is considering this. I'm scratching my head here.

"Considering" motions is her job. Seriously, the appeal would be a nightmare if the judge just pounded her gavel and said "motion denied" to everything Jodi asks for. That might work on TV but not in real life.

 

[rose222]

I think the bolded answered my question. If this is accurate, I had no idea that the judge still gets to decide even if the jury decides Life. Hopefully the jury will recommend to the judge with no parole. That should sway her decision if the jury states that in their ruling which I think they can.

I really want the death penalty now. I just think the judge is too nice of a person and too leniant. I think she will give her the parole option even if jury recommends not to.

This Judge is such a mystery. Jodi supporters (yuck) feel she is pro-prosecution and we feel that she is much too lenient and are even afraid that she might sentence Arias to life with parole. I guess we will find out eventually when this trial finally ends.