The State Rests in the State v Jodi Arias: break in trial until 28 January 2013 #10

[K_Z]

Would love for a legal eagle to weigh in on this. Is there any chance that a guilty verdict could be appealed based on the long break in the trial, and with the jury not sequestered? Is that a valid area for appeal? If so, I suspect there would have to be some kind of admission or evidence of the jurors misconduct as to the admonition to stay away from trial coverage or discussion.

If a juror admitted they saw or heard something, would they be replaced with an alternate? Or is there some leeway by the judge as to finding out what they heard or saw, before being excused?

I'm concerned the long break may precipitate a mistrial. Is this common in high profile or Los profile murder cases? I haven't heard of more than a day or 2 break before.

 

[dgfred]

What is the purpose for the long break?

 

[Karmady]

Problem is nobody SAW Jodi slash Travis' tires. So for him to go the police and request a RO based on suspicion is difficult.

Not a problem for purposes of the initial R/O as long as he believed it was her and was willing to swear to it, the court would have issued it, imo. That's what the later hearing is for -- to prove it. If he wasn't sure it was her and/or wouldn't swear to it, that would be a problem.

 

[zoey]

Vinnie on IS is asking you to text him about your views on the statement "Jodi A. was a normal girl from California".

I don't think she is the California girls that beachboys sang about

 

[nursebeeme]

the trial, really, is only breaking for four days... (five at the most)

they have been working very short hours and abbreviated weeks..

I don't think the extra week will have much impact (moo)

 

[minor4th]

The thing about Jodi is -- she is apparently intelligent and well polished and probably DID seem completely normal except in romantic relationships where she felt threatened or ignored or whatever. I don't know how to explain this very well but in her 48 Hours interviews, she does have a credible demeanor...taking responsibility for some mistakes and bad behavior, expressing shame for leaving Travis, etc. If you didn't know anything else about the case and just listened to Jodi, it would be easy to believe her I think.

 

[suspicious1]

I just got done watching the 48 hours here Jodi Arias Documentary - YouTube

It is very interesting. I believe there is some truth in the lies, including the gun not working when attempted to shoot 2nd time.

I agree.

I also believe that she claimed she first heard a gunshot because that was the order of attack. I am one of the few that believes he was shot first.

 

[KatherineGA]

Jodi Arias Even Lied to Her Diary After Travis Alexander Was Dead

http://abcnews.go.com/US/jodi-arias-lied-diary-travis-alexander-dead/story?id=18237014

The page begins ".. that Travis is dead. What happened?!? Travis, what is this?"

The next entry is dated June 11 and said in part, "Last night was so hard... I wanted so badly to call Travis, but knowing he wouldn't answer was too much to bear. And knowing he wasn't calling me anytime soon was just killing me. I broke down as I climbed into bed and just cried and cried and cried until I fell asleep."


"Travis always told me he liked the name Iris for a girl...If I ever have a son I'll name him Alexander," she wrote.

And in the final entry on the page, Arias wrote on June 13 that she sent 13 white irises to Alexander's grandmother, who she called "Mums."

 

[Hatfield]

I don't see him getting shot first.

For one thing there is not much blood from that wound and he would have been incapacitated. Why so much blood in the bathroom and down the hall?

You can tell the blood from the head wound just went straight down his face.

Why 29 stab wound on head, back, neck, front, etc if already shot in the head?

Some of the wounds look like he was moving, others are packed together.

The gunshot path looks to me to be from someone standing over a prone body. It goes from the top of the head downward. No way he could have been standing in the shower and got shot there.

Is it possible he could have been standing and when he saw the gun, he leaned forward to duck. Since he could not retreat backwards, was wondering if he could have leaned forward to try to avoid the shot.

Just wondering if it is possible that could explain the trajectory even if he was stnding and trying to duck the shot.

 

[K_Z]

I'm worried about the consequences of any outside research. If one juror does obtain outside information and then brings this information up in deliberations, even indirectly, that could be great for JA. Mistrial Material.


http://www.azcourts.gov/Portals/74/WIRE/06072012/3Articles.pdf

"On Mar. 17, 2009, the front page of the New York Times reported that a juror in a federal drug case admitted to conducting Internet research during the case. Moreover, upon questioning the jury panel, the judge determined that eight other jurors had done the same. The judge declared a mistrial after eight weeks of trial. The defense attorney commented, “It’s the first time modern technology struck us in that fashion, and it hit us right over the head.”

Historically, we have encountered some issues with jurors visiting the scene or conducting amateur sleuthing. Now jurors can click Google Earth and in seconds see the scene in the palm of their hand. Likewise, information on just about any subject is only a Google search away. Motions in limine and other pretrial evidentiary rulings will go out the window if jurors conduct their own research.

Research by jurors is problematic because their verdict must be based on only the evidence offered in court. [FN47] Allowing jurors to decide a case based on outside information “violates a defendant's Sixth Amendment rights to an impartial jury, to confront witnesses against him, and to be present at all critical stages of his trial.”

Oops. I missed this earlier post. Seems my concerns are valid.

 

[gngr~snap]

I think that JA will be tempted beyond belief to testify, but there might be some small protective instinct in her brain that won't let her. IMO, she still thinks the jury will find her sympathetic & credible (why, I don't know) & that her defense team will obfuscate long enough, to create some doubt in the minds of the jury. It will certainly be an interesting 10 days for her, but she's had 3.5 years to contemplate her crime, & her defense, so she's probably resting easy...no conscience...

bbm
Didn't Nurmi tell the judge today that the "story" may change again?
That made me think she is wanting to testify and he may not be successful
in convincing her not to... :dunno:

Based on her police interviews- how she just spaced out
then changed the subject...

I vote that she will take the stand.
She will also regret doing it!
IMO

 

[iluvmua]

I don't really feel like there will be a mistrial. sometimes, mistrials can be blessings such as the case with the murder of Hannah Hill.

Denny Ross's first trial was a mistrial because one of the jury members read in the newspaper that HH's boyfriend passed a lie detector test and told other members of the jury about it.

The jurors had already signed forms acquitting him of all charges.

Last fall, he was found guilty of the murder of HH.

I hope that IF there is a mistrial it plays out like HH's case did.

 

[nursebeeme]

imagine if she takes the stand what the jury questions will be

 

[minor4th]

BBM

isn't that a little like putting the horse before the cart?

Not necessarily. There were also motions to prohibit prosecution from referring to Jodi's lack of remorse during penalty phase.

All of these motions are usually brought during the pre-trial period so the attorneys can appropriately prepare their cases, knowing what they are allowed to do and prohibited from doing.

On some of these issues the judge deferred making a ruling until after trial or during trial -- that's why there's an evidentiary hearing before the defense case.

 

[Hatfield]

I agree.

I also believe that she claimed she first heard a gunshot because that was the order of attack. I am one of the few that believes he was shot first.

I'm with you. There are quite a few of us. We had a huge debate a few nights ago, and there are quite a few of us. We may be the minority though. Would love a poll on this.

 

[dgfred]

Is it possible he could have been standing and when he saw the gun, he leaned forward to duck. Since he could not retreat backwards, was wondering if he could have leaned forward to try to avoid the shot.

Just wondering if it is possible that could explain the trajectory even if he was stnding and trying to duck the shot.

That's true, but I wonder about all the wounds and all the blood down the hallway. Could he have made it after a head shot? It sure looks to me like he was shot right there in the shower after she got him back in there.

 

[KMouse]

Vinnie on IS is asking you to text him about your views on the statement "Jodi A. was a normal girl from California".

I can't really put those views into 240 characters or less.

 

[Linda7NJ]

I think she went there with the weapons. I think she thought she could 'persuade' him to change his mind about taking her on the trip. When he didn't... in her mind she probably thought he deserved it in a way. Waited for the shower, asked him if she could take some pics to remember him by, then struck. She was dressed and ready... he was not.

Honestly, I don't believe it was the Cancun trip. It was something that would matter to only a psychopath. Was she angry that she still had to pay Travis for the BMW she couldn't even drive? Was it the last WAY he told her he didn't want to see her any more? (with his friend in the next room) psychopaths don't take lightly to put downs in front of an audience. IMO

 

[PrincessSezMe]

I would love, love, love for AZLawyer to weigh in on this case. It's even in her territory!

 

[nursebeeme]

will Jodi Arias take the stand? POLL thread here:
[ame="http://www.websleuths.com/forums/showthread.php?t=196220"]Will Jodi Arias take the stand? - Websleuths Crime Sleuthing Community[/ame]