long weekend break: discuss the latest here #114

[ckrdpast]

MOTION FOR MISTRIAL : JUROR MISCONDUCT

http://media2.abc15.com/html/pdf/AriasJuror.pdf
states Juror #5

 

[katiedid2]

Jodi Arias defense wants juror dismissed
http://www.azcentral.com/community/mesa/articles/20130401jodi-arias-trial-juror-dismiss.html

 

[katiedid2]

Jodi Arias defense wants juror dismissed
http://www.azcentral.com/community/mesa/articles/20130401jodi-arias-trial-juror-dismiss.html

 

[bznbear]

The DT probably thinks they know which juror is submitting the questions that hint they think JA is guilty. Probably trying to get them thrown off the jury. I am kidding but I think the DT will try anything.

I just got a text from abc15 that DT want juror # 5 removed or a mistrial. They're claiming "she" made inappropriate comments to other jurors during the prosecutorial hearing Mar 28. Comments are sealed.

 

[Sleuths4Me]

MOTION FOR MISTRIAL : JUROR MISCONDUCT

http://media2.abc15.com/html/pdf/AriasJuror.pdf
states Juror #5

That would be "Tri-Color" according to the observation room thread post. It will be interesting to see how this plays out tomorrow. All I can say is it would suck to be a juror this long on a trail and be removed or to be tossed out as an alternate.

 

[Sunny_In_AZ]

MOTION FOR MISTRIAL : JUROR MISCONDUCT

http://media2.abc15.com/html/pdf/AriasJuror.pdf
states Juror #5

Help anyone! With the names that trial watchers have given the jurors who would this be? Tricolor?

ETA: Just saw on the post before mine this would be Tricolor.

 

[TartLemon]

Wow! Is it really jury questions or has the guy basically been run out of business? Since the jury is not supposed to research the case, the latter seems more likely to me.

IMO, Dr. Samuels probably has more business than he can handle from attorneys wanting him to testify for their sleezy, slimy guilty as hell clients.

 

[scorpio24]

How much Is the DT paying their spies to look for anything and everything? It makes them look desperate, and stoopid, and it's showing their hand.

They don't have to pay spies. HLN is doing their dirty work for them for FREE! :twocents:

 

[ILikeToBendPages]

He must like being a professional expert. How much money has he made of the system? to damn much.


DJERF v. SCHRIRO
United States District Court, D. Arizona.
September 29, 2008.


Dr. McMahon was responsible for compiling the results of testing obtained by all three mental health professionals. (RT 3/12/96 at 13-15.) The court set April 22, 1996, as the deadline for submission of his final report. (RT 4/9/96 at 5.) On April 19, 1996, Dr. McMahon compiled the mental health reports and faxed trial counsel his conclusion that Petitioner suffered from an antisocial personality disorder. (ROA-PCR, Am.Pet., Ex. D.) Dr. McMahon specifically rejected a diagnosis of schizophrenia and rejected any diagnosis that Petitioner suffered from any mental health issue that precluded his ability to appreciate the wrongfulness of his behavior or resulted in an inability to conform his behavior to the requirement of the law. (Id.) On April 23, 1996, trial counsel notified the court they would not be utilizing either Dr. McMahon's report or his testimony at sentencing. (RT 4/23/96 at 2.) Trial counsel requested and the court established a deadline for Dr. Walter to submit a final report. (Id. at 5.) However, there is no record of Dr. Walter completing and submitting such a report.
PCR proceedings
Petitioner presented Claim Four during his PCR proceedings. (ROA-PCR, Am. Pet. at 14-15.) Prior to filing his amended PCR petition, Petitioner sought and obtained appointment of a mental health expert, Dr. Richard Samuels. On two occasions, the PCR court granted contact visits for Dr. Samuels to perform mental health testing upon Petitioner. (ROA-PCR, Orders, 9/11/00 & 12/8/00.) Even though Dr. Samuels conducted a neuropsychological examination of Petitioner, PCR counsel did not submit any expert report in support of Claim Four.
Ultimately, the PCR court concluded that Petitioner had not established a colorable IAC claim and summarily dismissed the claim without granting an evidentiary hearing. (ROA-PCR, Order, 6/14/01.) The court explained:
The only evidence defendant presents to support this claim are psychiatric and psychological evaluations of defendant done either before the entry of the plea or before sentencing. Based on these numerous reports, which were available and considered by the court prior to sentencing, defendant simply speculates that there might be other mitigating information that should have been presented. This showing does not constitute a colorable claim for relief.
(Id.) Regarding the allegation that trial counsel failed to conduct an adequate social and family history investigation, the PCR court stated that "[Petitioner] has failed to present any evidence to support this claim; instead, he simply speculates that if his childhood was investigated, some mitigating evidence might have been discovered." (Id.)
Analysis

 

[Juli]

Oh, there will still be all the appeals and all of these issues will probably be cited as error -- but they will be unsuccessful.

ETA: In fact, the reason they keep bringing motions is to preserve the issue for appeal. If they don't complain about it at the trial level, they can't raise the issue for the first time during appeals.

Yep - and that's why he filed a Motion. In the end, it will amount to nothing. A mistrial would never, ever be granted for this reason. Even if a juror admitted to hearing or seeing something that influenced him/her, there are 6 remedies on the sidelines. One of those remedies (an alternate) would replace him/her. Nurmi is just grasping at straws.

To the person who asked about the .25 caliber - yes, they are real and they're popular pistols because they're so concealable.

 

[TexMex]

Juror #5

http://media2.abc15.com/html/pdf/AriasJuror.pdf

Made comments in front of other jurors
__________________
Tex

 

[Softail]

I just got a text from abc15 that DT want juror # 5 removed or a mistrial. They're claiming "she" made inappropriate comments to other jurors during the prosecutorial hearing Mar 28. Comments are sealed.

Dang It! I want to know what she said! :maddening:

 

[usnuzuloose]

Does anyone know what Juror #5 said? I don't know how Nurmi would hear anything.

 

[rachael123]

Hope they don't get a mistrial.That would be hell on Travis's family.lease:

Dang It! I want to know what she said! :maddening:

 

[The Farm]

No way I would ever make light of one sleuth's effort to photograph the hoped for reflection of Arias in Travis's eye. It was fascinating to examine that picture & I did see what the sleuth saw, a bust of Arias with the suggestion of a macabre grin on her face & her hand raised holding a knife. This image has haunted me ever since.

Are you serious? I never saw that or is this an April Fool thing?

 

[rachael123]

It's from the meeting with the juries and is sealed.

Does anyone know what Juror #5 said? I don't know how Nurmi would hear anything.

 

[Liebchenmutti]

MOTION FOR MISTRIAL : JUROR MISCONDUCT

http://media2.abc15.com/html/pdf/AriasJuror.pdf
states Juror #5

If am interpreting correctly, during the sealed in chambers questioning of all the jurors due to Nurmi's concern that Juan Martinez was guilty of Prosecutorial misconduct for posing for a few snapshots with people one time, Juror #5 said something in front of other jurors that was biased towards the Prosecution and unfavorable to Mz. Arias. (Juror #5 either said something during the interview with the judge, or the fact that Juror #5 had said something was raised by another juror to the judge).

Good luck with that, Nurmi & Willmott.

 

[MistyM]

:rocker: LL are my initials ! Hence, the ElleElle.

ha i do that too, my intials are TM so i go by miss t.m.

 

[rachael123]

http://media2.abc15.com/html/pdf/AriasJuror.pdf

 

[seguek9]

Interesting... It does seem to be down.

http://svpexpertwitness.com

It is down. I'm not sure why everyone is so surprised...he was *globally* raked across the coals and went from "washed up" shill to "famous" shill in about 30 minutes. I cant even imagine the emails he has gotten! ALV will be next....