SIDEBAR #26- Arias/Alexander forum

[Love Never Fails]

I just figured out what the "personal file" request is. The tweeters said "personal file," but I bet it was "personnel file." Debra Milke was recently let off death row because it turned out that a detective who testified against her had committed misconduct in another case that was reflected in his personnel file. And Jodi's probably been spending hours researching death penalty case law now that she's representing herself.

Now wait a minute. Are you a lawyer or detective? . Great work!!

 

[TartLemon]

Thanks AZLawyer for the response.

I can't wrap my mind around the sentencing phase retrial bringing the jurors up to speed. What is the difference in this and an appeal hearing? I mean, what if a sentencing retrial juror doesn't think the 'up to speed' evidence is enough to find the defendant guilty? How is the evidence resubmitted to only direct the 'guilty' verdict?

I don't know exactly how to explain my confusion, but the whole concept is so foreign to me. The jurors come in knowing the defendant is guilty.

 

[Love Never Fails]

:hug:

Sorry to hear this, Curious. When do you see the new doc? How they won't put you off to long. We'll be praying for you. :hug:

.

Thank you so much G&AMom. That means a lot to me. I have an appointment next Wednesday.

 

[G&AMom]

:hug:

Spellbound and others, if y'all pray, and I hope you do, please remember me. I went to the doctor for MRI results thinking I have a kink in my back since the spasms started a couple weeks ago. It turns out I have an obstruction in my left kidney and pelvis and have to see a urologist. Don't know what is up, as the back doctor said that is not his expertise. It was a hard day and I am in pain so I think I will rest and read all your posts. Thanks for keeping me company. .

Oh and Spellbound, I returned the Acer tablet. Didn't like it but I just got a new one, a Samsung Galaxy 4, 8 inch. It is wonderful and very light. I am using the iPad now since I am sitting but going to lie down and use the tablet. Oh and I don't know if they will do the cataract surgeries now until they know what's in my kidney. I know what you mean about dry eyes. I have had them all my life, just not as bad as yours. Must use drops all the time. Bless your heart, eyelid surgery sounds painful but I am glad it helped.

:thinking:

Triple post!!! Wonder how many times I can get the same message posted? :scared:

 

[G&AMom]

:hug:

Spellbound and others, if y'all pray, and I hope you do, please remember me. I went to the doctor for MRI results thinking I have a kink in my back since the spasms started a couple weeks ago. It turns out I have an obstruction in my left kidney and pelvis and have to see a urologist. Don't know what is up, as the back doctor said that is not his expertise. It was a hard day and I am in pain so I think I will rest and read all your posts. Thanks for keeping me company. .

Oh and Spellbound, I returned the Acer tablet. Didn't like it but I just got a new one, a Samsung Galaxy 4, 8 inch. It is wonderful and very light. I am using the iPad now since I am sitting but going to lie down and use the tablet. Oh and I don't know if they will do the cataract surgeries now until they know what's in my kidney. I know what you mean about dry eyes. I have had them all my life, just not as bad as yours. Must use drops all the time. Bless your heart, eyelid surgery sounds painful but I am glad it helped.

:thinking:

Aaarrggh! Double post. My internet is blinking on and off.

 

[seattlechiquita]

Hmmmm... I guess everyone knew but me :sigh:

 

[TartLemon]

No, Seattlechiquita, I just found out too. Love my websleuths to find out all the latest.

 

[AZlawyer]

Thanks AZLawyer for the response.

I can't wrap my mind around the sentencing phase retrial bringing the jurors up to speed. What is the difference in this and an appeal hearing? I mean, what if a sentencing retrial juror doesn't think the 'up to speed' evidence is enough to find the defendant guilty? How is the evidence resubmitted to only direct the 'guilty' verdict?

I don't know exactly how to explain my confusion, but the whole concept is so foreign to me. The jurors come in knowing the defendant is guilty.

Well, the difference from an appeal is, for starters, there is no "hearing" on an appeal. No witnesses, no presentation of evidence at all, just a review of the evidence from the trial court (transcripts).

And the other difference is that this new jury will be told she has already been found guilty and the murder has been found cruel and they must accept those findings as true. They are only being brought "up to speed" to the extent that the details have anything to do with mitigating factors and balancing those against the one aggravator (cruelty). They can't say, well, I don't even think she's guilty--but they can say, well, assuming she's guilty and he suffered (cruelty), I just don't think he suffered ENOUGH to justify putting her to death in light of all these other factors.

 

[TartLemon]

Thanks again, AZLawyer. I find this fascinating and wish it could be televised. The whole Az process is interesting, but I would also like to watch Jodi in action and what acts she tries to pull.

 

[LinTX]

I just figured out what the "personal file" request is. The tweeters said "personal file," but I bet it was "personnel file." Debra Milke was recently let off death row because it turned out that a detective who testified against her had committed misconduct in another case that was reflected in his personnel file. And Jodi's probably been spending hours researching death penalty case law now that she's representing herself.

Could be, and I suspect she thinks this is her chance to 'correct' some of the evidence presented in previous stage of the trial and/or get in some add'l evidence that could be used in an appeal. Maybe she's hoping his personnel file will show some sanctions, but in her motion of Oct 2013 where she was trying to get Nurmi off the case, she mentions witnesses she thinks he allowed to lie and didn't impeach. She mentions Deanna Reid, Flores and Horn, leaving two she didn't name in the motion. Have no idea how she thinks any of this (whether personal or personnel) relates to her presenting mitigators, or what JSS will allow, but since the State does have to present some of the case that explains the “especially cruel” aggravator, maybe she thinks she gets to argue it. Note also that Nurmi filed for a mistrial after Flores' testimony, and in June2013 also challenged that aggravator as being too vague for a jury? She may want copies of his personal notes to see if he mentions talking to Horn and what Horn told him. As for Deanna, if she is "D.R.", that one sounds personal to me, she just hopes to embarrass her because her relationship w/Travis has nothing to do with anything . JSS is going to have her hands full ...

 

[YESorNO]

(question asked to Aiken [that prison expert that is going to be a witness for missy :jail: ] by the Hulsey jury)

"@TrialDiariesJ: In Az how long does a person remain in max security on death row? Remainder of their lives #bryanhulsey"

 

[grammieto5]

CiI, I will be praying for you! Try to keep positive thoughts.

 

[Spellbound]

Spellbound and others, if y'all pray, and I hope you do, please remember me. I went to the doctor for MRI results thinking I have a kink in my back since the spasms started a couple weeks ago. It turns out I have an obstruction in my left kidney and pelvis and have to see a urologist. Don't know what is up, as the back doctor said that is not his expertise. It was a hard day and I am in pain so I think I will rest and read all your posts. Thanks for keeping me company. .

Oh and Spellbound, I returned the Acer tablet. Didn't like it but I just got a new one, a Samsung Galaxy 4, 8 inch. It is wonderful and very light. I am using the iPad now since I am sitting but going to lie down and use the tablet. Oh and I don't know if they will do the cataract surgeries now until they know what's in my kidney. I know what you mean about dry eyes. I have had them all my life, just not as bad as yours. Must use drops all the time. Bless your heart, eyelid surgery sounds painful but I am glad it helped.

:thinking:

I sure will say extra prayers for you , Curious! You must be in some bad pain. I am sure it will all be OK, but you have a rough road for a time.

Thanks for the info on your tablets. I am hoping to save up enough to get one for my friend, but it will have to be a cheaper one than ipad.

Actually, my surgery wasn't bad at all. I kept ice on my eyes for most of the first two days (which mean I truly had to just lay around and relax --- not an easy task for me ). Pain was minimal and the incisions healed quite well by 2 wks after. Yes, your cataracts will probably be delayed, unfortunately. I got bronchitis when my eyelid surgery was scheduled and it got postponed a month. But in time it all works out .

---
i just checked out some causes for your pain. This sounds much like what you described:

Ureteropelvic junction (UPJ) obstruction is a blockage at the point where part of the kidney attaches to one of the tubes to the bladder (ureters). This blocks the flow of urine out of the kidney.


If you are like me you want to know all the possibles, so you can decide if you want to read the rest of the article here : http://www.nlm.nih.gov/medlineplus/ency/article/001267.htm

 

[TartLemon]

I agree with LinTX that Jodi believes she will be able to once again come up with new 'facts'. She wasn't there at all. She was there, but NINJAS committed the crime. She committed the crime, but it was in self defense.

That's why I want it to be televised. Jodi will try to rewrite the 'facts'.

 

[krkrjx]

He said had he known in 1987 he would have been serving his sentence that way, he would have killed himself. How about saying, had I known I would be guilty of taking a human life, I would have instead killed myself? Nowhere does he say that he is sorry for killing another human being. Were he remorseful, I would have hated reading this essay. It would have broken my heart! But he never even mentioned the person he killed.

Or... If I had known in 1987 that I would be serving a sentence this way, I would not have killed another human being.

 

[krkrjx]

As I said yesterday,I think Aiken will hurt her, not help her. And JM can make mincemeat of her when she tries to examine the Hughes. So bring them on.

I wonder if he is the kind of expert who says whatever he is paid to say. Seems to me if Arias want him as her witness during her mitigation phase she would have some assurance that he will say what she needs said. IDK, not actually knowing the person or his possible motives.

 

[katiecoolady]

I certainly hope Juan shows the jury her post conviction interviews. Who does that twenty minutes after they are convicted of first degree murder? Who demands makeup, clothes to cover her stripes and hand picks - in advance - her interviewers? I loved the Troy Hayden interview, where she said she wouldn't have chosen him if she had known what a "hater" he was.

That was Ryan Owens...he rocks out loud! Troy was her first interview post conviction where she was wanting the death penalty....rrrrright.

 

[katiecoolady]

Or... If I had known in 1987 that I would be serving a sentence this way, I would not have killed another human being.

I really thought that's where he was headed! These personality disorders...it's ALWAYS just about them. Blech.

 

[ILikeToBendPages]

Anyone read this article that rose posted? Interesting.

I was wondering if missy:jail: will have the same conditions in prison that this guy does (except, of course there won't be men yelling and such- like
in this prison). Would this be conditions only if she gets DP, I wonder, while she waits for death by injection?

Some excerpts that sound good: :facepalm:

----

"The following essay is by William Blake, who has been held in solitary confinement for nearly 26 years. Currently he is in administrative segregation at Elmira Correctional Facility, a maximum security facility located in south central New York State. In 1987, Blake, then 23 and in county court on a drug charge, murdered one deputy and wounded another in a failed escape attempt. He was sentenced to 77 years to life....
------------------

'...Prisoners call it The Box. Prison authorities have euphemistically dubbed it the Special Housing Unit, or SHU (pronounced “shoe&#8221 for short. In society it is known as solitary confinement. It is 23-hour a day lockdown in a cell smaller than some closets I’ve seen, with one hour allotted to “recreation” consisting of placement in a concrete enclosed yard by oneself or, in some prisons, a cage made of steel bars. There is nothing in a SHU yard but air: no TV, no balls to bounce, no games to play, no other inmates, nothing. There is very little allowed in a SHU cell, also. Three sets of plain white underwear, one pair of green pants, one green short-sleeved button-up shirt, one green sweatshirt, ten books or magazines total, twenty pictures of the people you love, writing supplies, a bar of soap, toothbrush and toothpaste, one deodorant stick but no shampoo, and that’s about it. No clothes of your own, only prison-made. No food from commissary or packages, only three unappetizing meals a day handed to you through a narrow slot in your cell door. No phone calls, no TV, no luxury items at all. You get a set of cheap headphones to use, and you can pick between the two or three (depending on which prison you’re in) jacks in the cell wall to plug into. You can listen to a TV station in one jack, and use your imagination while trying to figure out what is going on when the music indicates drama but the dialogue doesn’t suffice to tell you anything. Or you can listen to some music, but you’re out of luck if you’re a rock-n-roll fan and find only rap is playing....

...I have lived for months where the first thing I became aware of upon waking in the morning is the malodorous funk of human feces, tinged with the acrid stench of days-old urine, where I eat my breakfast, lunch, and dinner with that same stink assaulting my senses, and where the last thought I had before falling into unconscious sleep was: “Damn, it smells like sh-t in here.”...

Had I known in 1987 that I would spend the next quarter-century in solitary confinement, I would have certainly killed myself. If I took a month to die and spent every minute of it in severe pain, it seems to me that on a balance that fate would still be far easier to endure than the last twenty-five years have been. If I try to imagine what kind of death, even a slow one, would be worse than twenty-five years in the box—and I have tried to imagine it—I can come up with nothing. Set me afire, pummel and bludgeon me, cut me to bits, stab me, shoot me, do what you will in the worst of ways, but none of it could come close to making me feel things as cumulatively horrifying as what I’ve experienced through my years in solitary. Dying couldn’t take but a short time if you or the State were to kill me; in SHU I have died a thousand internal deaths. The sum of my quarter-century’s worth of suffering has been that bad....

I have served a sentence worse than death."
-----------------------

Wow, that is powerful. I know I could live a nice quite, simple life , and that would be heaven to him. The hell is not knowing when hell on earth will end.

I think young people need to hear this, and we need to try to help them understand that their lives can change from what it is, to a life with nothing - by one bad decision.

Stupid only takes a second.

Thank you YesorNo, this is what I want for Jodi. A long life


Norman Mailer was behind convicted killer Jack Abbott's paroled. In 1977, Abbott had read about Mailer's The Executioners"s Song about Gary Gilmore , and wrote to Mailer, and wanted to write to him and tell of his life in the Belly of The Beast . Norman Mailer was impressed and helped to publish the book. He was paroled, and six weeks later on July 18, he stabbed twenty two year old Richard Adan to death. He he fled and was arrested, convicted of manslaughter, and returned to prison for the rest of his life until his suicide in 2002.

His book was given great reviews New York Times, It came out July 19, the day after he murdered Adan. Other than the advance fee of $12,500 - all sales of In the Belly of the Beast go to Richard Adan's widow who sued him for $7.5 million in damages.


hmmm he said he was a foster child until the age of nine. Son of Sam, Ted Bundy had bad beginning.

 

[daisymae]

I've been checking- the giraffe cam, that is- not her butt :facepalm:.

When is she going to deliver? And where is daisy?

:waiting:

http://www.earthcam.com/usa/southcarolina/greenville/?cam=giraffe_int

I've been busy, but always lurk!

Am watching Autumn also. Around 4 AM she sits on the floor resting and licking her privates. LOL She's done it the last 2 nights so it shouldn't be long now. Did you know giraffes sleep standing and only sleep for 10 minutes or so at a time?
She's so beautiful!