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From the motion:
COMES NOW, Ms. Arias, by and through undersigned counsel to request that a mistrial be declared based on the prosecutorial misconduct that has infested these proceedings with a level of unfairness that cannot be cured by any other means. Ms. Arias bases this assertion on the fact that the circus like atmosphere inside the courtroom that to date has included counsel for the State yelling at witnesses, attacking witnesses on a personal level and throwing evidence. Not content with confining his misconduct to inside the courtroom counsel for the State, pursuant to his own admissions, chose to release evidence that was not coming into evidence at trial to the media and to pose for pictures with his so called fans on the courthouse steps has turned what is supposed to be a trial that comports with the rights due Ms. Arias pursuant to the 5th, 6th and 14th Amendments to the United States Constitution and Art. 2, §§ 4, 15, 23, and 24 of the Arizona Constitution into something that more closely resembles a modern day equivalent to the Salem Witch Trials which ended in 1693. This State of affairs has placed counsel for Ms. Arias in a position that they cannot fulfill the duties they owe Ms. Arias, pursuant Arizona Rules of Criminal Procedure, Rule 6.8. Counsel’s inability to fulfill these duties would thus result in Ms. Arias not having the benefit of the rights she is due pursuant to the 5th, 6th and 14th Amendments to the United States Constitution. Support for this Motion can be found in the attached Memorandum of Points and Authorities that is incorporated herein by reference.
MEMORANDUM OF POINTS AND AUTHORITIES
I. RELEVANT FACTS
OpeningstatementsinthismatterweremadeonJanuary2,20 13. Sincethattimethe State has thrown evidence and his pen, yelled at nearly every witness who took the stand in support of Ms. Arias and has hurled personal insults at defense counsel. In response to this behavior Ms. Arias has had to make several oral motions for mistrial that have beensummarily denied by this court. More recently Ms. Arias has had to make mistrial motions because the State has not confined its misconduct to inside the courtroom. Most prominent amongst this extra-curricular misconduct is his decision to pose for photographs with his “fans” outside the courthouse steps where jurors could potentially see him so doing. In further efforts to prove his case in the court of public opinion rather than a court of law on April 4, 2013, the State unapologetically admitted that it had released a plethora of damming evidence that would not otherwise come into trial to the media. Pending before this court is a motion for mistrial based on the former, Ms. Arias’ motion for mistrial based on the latter was summarily denied.
Note should also be made of the fact that the conduct described above has ramifications that effect the ability of Ms. Arias to present her defense as the public response to this unprofessional conduct has involved berating witnesses via e-mail, telephone and in various internet forums. Said action has not only caused personal distress to these witnesses but has made it difficult for them to provide effective testimony for Ms. Arias....
BBM
I think ALV is coming back Tues to discuss the bolded portion above.
COMES NOW, Ms. Arias, by and through undersigned counsel to request that a mistrial be declared based on the prosecutorial misconduct that has infested these proceedings with a level of unfairness that cannot be cured by any other means. Ms. Arias bases this assertion on the fact that the circus like atmosphere inside the courtroom that to date has included counsel for the State yelling at witnesses, attacking witnesses on a personal level and throwing evidence. Not content with confining his misconduct to inside the courtroom counsel for the State, pursuant to his own admissions, chose to release evidence that was not coming into evidence at trial to the media and to pose for pictures with his so called fans on the courthouse steps has turned what is supposed to be a trial that comports with the rights due Ms. Arias pursuant to the 5th, 6th and 14th Amendments to the United States Constitution and Art. 2, §§ 4, 15, 23, and 24 of the Arizona Constitution into something that more closely resembles a modern day equivalent to the Salem Witch Trials which ended in 1693. This State of affairs has placed counsel for Ms. Arias in a position that they cannot fulfill the duties they owe Ms. Arias, pursuant Arizona Rules of Criminal Procedure, Rule 6.8. Counsel’s inability to fulfill these duties would thus result in Ms. Arias not having the benefit of the rights she is due pursuant to the 5th, 6th and 14th Amendments to the United States Constitution. Support for this Motion can be found in the attached Memorandum of Points and Authorities that is incorporated herein by reference.
MEMORANDUM OF POINTS AND AUTHORITIES
I. RELEVANT FACTS
OpeningstatementsinthismatterweremadeonJanuary2,20 13. Sincethattimethe State has thrown evidence and his pen, yelled at nearly every witness who took the stand in support of Ms. Arias and has hurled personal insults at defense counsel. In response to this behavior Ms. Arias has had to make several oral motions for mistrial that have beensummarily denied by this court. More recently Ms. Arias has had to make mistrial motions because the State has not confined its misconduct to inside the courtroom. Most prominent amongst this extra-curricular misconduct is his decision to pose for photographs with his “fans” outside the courthouse steps where jurors could potentially see him so doing. In further efforts to prove his case in the court of public opinion rather than a court of law on April 4, 2013, the State unapologetically admitted that it had released a plethora of damming evidence that would not otherwise come into trial to the media. Pending before this court is a motion for mistrial based on the former, Ms. Arias’ motion for mistrial based on the latter was summarily denied.
Note should also be made of the fact that the conduct described above has ramifications that effect the ability of Ms. Arias to present her defense as the public response to this unprofessional conduct has involved berating witnesses via e-mail, telephone and in various internet forums. Said action has not only caused personal distress to these witnesses but has made it difficult for them to provide effective testimony for Ms. Arias....
BBM
I think ALV is coming back Tues to discuss the bolded portion above.
