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  1. #1
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    Arrow 8 Mitigating Factors Proffered by Def Team

    8 Mitigating Factors Proffered by Defense Team
    (copied ~verbatim from jury instructions in penalty phase May 17, except that fifth factor is split in 2 factors)

    For anyone who wants to see & hear, Nurmi's opening stmt where he discusses these 8 mit/factors.
    Jodi Arias Penalty Phase - Day 1 - Part 1 - YouTube

    1. Age = 27 ………………………………...........
    2. Lack of Criminal History………………………
    3. A Good Friend …………………………………
    4. Lacked Support from Family……………..….
    5a. Suffered Abuse & Neglect as Child ……….
    5b. Suffered Abuse & Neglect as Adult ………..
    6. Tried to Make the Best of her Life …………
    7. Consistently Tried to Improve Herself………
    8. Talented Artist ………………………………..

    The AZ statute re Mitigating circumstances 13-571(G)
    http://www.azcourts.gov/ccsguide/MitigatingCircumstances.aspx

    Planning to make a series of posts, each with one claimed mitigating factor and
    --- notes of comments from azcourts.gov website discussing that factor in the statute;
    --- some evidence the Def. has offered in their case already or said they will offer;
    --- some evidence the State has offered already (or could offer, IMO);
    ---my questions about whether some info would be admissible in this phase;
    -- my thoughts about the value (only, IMO) of each factor.

    Ok, other cyber-jurors, what do you think?

    Agree or disagree, factor by factor?

    When all the mitigating factors are combined, do they negate the Death Penalty for JA?

    ETA:
    Great if you'd like to add to the list of points either the Def. or the State has on any of these factors.

    However, trying to get a sense of whether, on a factor-by-factor basis,
    our members think the Mit. factor has been already proven, is likely to be proven (w. what we know)
    OR whether Def. hasn't shown it and will be unable to prove it next week.

    For each factor, please give your feeling about whether Def team can"win" on that factor.
    In other words, a poll of sorts.
    Feel free to discuss too.
    When all the mitigating factors are combined, do they negate the Death Penalty for JA?

    ,
    Last edited by KateB; 05-16-2015 at 10:14 AM. Reason: repair url tag.

  2. #2
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    Arrow Def. Claims mitigating factor 1. Age

    1. AGE = 27
    At time of offense. If “minor, …special concern that he lacked substantial judgment.”
    Cases discussed at azcourts.gov refer to ages, 17, 19. etc, not age 27.
     
    Here’s what I think:
    1. AGE = 27 ……………….True, …………but not lacking judgment, ……….so no weight given, IMO

    Ok, cyber-jurors, what do you think? Agree or disagree, on this factor?

    You can cut & paste the following line into the "post reply" box, as all or part of your answer.
    It’s a MULTIPLE CHOICE TEST, so cut out answers below you do not agree with.
    For extra credit, write a sentence or two. LOL.

    1. Age = 27 ……………………True, but lacking /not lacking judgment; no/little/some/great weight given

    Last edited by al66pine; 05-18-2013 at 02:53 AM.

  3. #3
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    Arrow Mitigating factor claimed by def = 2. Lack of criminal history

    2. LACK OF CRIMINAL HISTORY

    Per azcourts.gov, as def. asserts this, State can rebut w. “Prior arrests, juvenile records and other prior bad acts
    Def‘s opening stmt in Penalty Phase said, already gave evd re lack of criminal history.

    State can rebut with--
    --- disciplinary write-ups while in jail.
    - What about JA’s actions which led to the order for JA to be stun-belted in court? Anybody know if admissible?
    --- JA’s lies on the stand, re gas cans, conflicting tales to MHealth prof’s, injury to now-wonky finger, etc.
    --- LE video of Mother w. Flores, she said-- JA as 8th grader grew pot on roof of family house.
    (Not yet in evd..
    QQQ can the State offer this vid clip now?) Perhaps, a juvenile procedure, if any?


    Here’s what I think:
    2. LACK OF CRIMINAL HISTORY …..…She lied on stand…. no weight given to this factor.

    Cyber-jurors, what do you think? Agree or disagree on this factor?
    You can cut & paste the following line into the "post reply" box, as all or part of your answer.

    It’s a MULTIPLE CHOICE TEST, so then cut out answers below you do not agree with:

    2. Lack of Criminal History……..….……… True/Not true;..... ___....no/little/some/great weight
    For extra credit, write a few sentences. LOL.
     

    Extra, extra credit for reading this, clipped from the azcourts.gov website.
    State v. Ortiz,131 Ariz. 195, 639 P.2d 1020 (1982) not a mitigating circumstance, testimony of the defendant's wife - he was "an adulterer, a violent wife beater, and a liar."
    State v. Gomez, 2012 WL 6061679, 293 P.3d 495 (Ariz., 2012)
    “…lack of a prior felony conviction “is a mitigating circumstance, but entitled to little weight.”
    State v. Greene, 192 Ariz. 431, 442 ¶ 52, 967 P.2d 106, 117 (1998). “…kidnapped and sexually assaulted the victim and brutally bludgeoned her to death. The record does not reflect significant mitigating circumstances.
    Last edited by al66pine; 05-18-2013 at 02:33 AM.

  4. #4
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    Brilliant thread idea .. yes, let's rip into these
    You don't get a medal for switching alliances just before the result, as it becomes apparent the other team is set to win.

  5. #5
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    Arrow Def. Claims mitigating factor = 3. Good friend

    3. A GOOD FRIEND
    Def. can/will show JA was good friend, to …
    --- pre-offense, an ex-boyfriend.
    --- pre-offense, to high school-era female (now not to testify?)
    --- post-offense, to other inmates in jail?
    State can show, re above witnesses--
    --- pre-offense, ex-boyfriend ____ (face concealed re TV) while on stand. How many jail visits did he make?
    ---pre-offense, to high school-era friend seems to have vanished and/or st can bring out criminal record?
    ---post -offense to other inmates in jail?


    Here’s what I think:
    3. A GOOD FRIEND ………………………no truth…………………………….… No to little weight given.

    Ok, cyber-jurors, what do you think? Agree or disagree, on this factor?
    You can cut & paste the line below into the "post reply" box, as all or part of your answer.

    It’s a MULTIPLE CHOICE TEST, so cut out answers below you do not agree with.
    For extra credit, write a few sentences. LOL.

    3. A Good Friend……………………..…No/Marginal/Some/Great significance;….. no/little/some/great weight
    Last edited by al66pine; 05-18-2013 at 02:33 AM.

  6. #6
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    Arrow Def. Claims mitigating factor = 4. Lacked support from family

    4. LACKED SUPPORT FROM FAMILY
    Def. evd: pre-offense, per JA testimony, her parents did not rave enough about her junior high artwork.
    Def will show what else?
    ---Pre-offense, 17 y/o JA moved from family home.
    ---Post-offense, ___?
    State can show ___
    Pre-offense, parents paid for exchange student program (true?), music lessons, etc.
    ---Pre-offense voluntarily moved out, to live w. jobless boyfriend at his G’parents house.
    ---Pre-offense, living independently and/or w. boyfriends does not by itself show lack of family support.
    ---Pre-offense, mother flew to AZ to help Jodi pack U-Haul and move to Yreka. Paid for it too?
    ---Post offense ~6 weeks until arrested and in jail. JA lived w. maternal G’parents.
    ---Post offense, after arrest & in jail: __ visits?
    ---JA’s mother attended trial every day, has visited her at jail. Even gravely ill father attended some. Brother and sister attended a few days. Aunt attended most days. Maternal g’mother attended ~ 1 week.

    Here’s what I think:
    4. Lacked Support from Family………..... no to teensy-marginal truth…………. No to little weight given

    Ok, cyber-jurors, what do you think? Agree or disagree, on this factor?

    You can cut & paste the line below into the "post reply" box, as all or part of your answer.
    It’s a MULTIPLE CHOICE TEST, so cut out answers below you do not agree with.
    For extra credit, write a few sentences.

    4. Lacked Support from Family………..... Pre-& Post offense = _____...... no/little/some/great weight
    Last edited by al66pine; 05-18-2013 at 02:54 AM.

  7. #7
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    Arrow Def. Claims mitigating factor= 5. Abuse & neglect as child & adult

    5. SUFFERED ABUSE/NEGLECT AS CHILD
    Per azcourts.gov “Difficult Childhood/Family History“ “Not necessarily relevant without a showing that it affected the defendant’s conduct in committing the crime.” More relevant for young person than older offender.
    Def evd: per JA‘s testimony, wooden spoon spankings by mother, shoves by father plus 1 knock-down.
    State ____
    QQQ offer what??? Already? Need more? Argue: basis is Jodi’s testimony only.


    5. SUFFERED ABUSE/NEGLECT AS ADULT
    Def. evd: per JA’s testimony, Bobby Juarez choked her one time.
    Def. evd: per JA’s testimony alone, Travis sexually abused her on 2(?) occasions.
    Def. evd: per JA’s testimony, Travis emotionally abused her on a continuing basis.
    Def. evd: per ALVs testimony re emails IMs, texts, Travis emotionally abused her on a continuing basis.
    Def. evd: per JA’s testimony alone, Travis physically attacked her on 4(?) occasions.
    State: no police reports, no medical records re any of the above.

    Here’s what I think:
    5a. Suffered Abuse & Neglect as Child. ..…False…..also because not affecting JA‘s conduct……no weight
    5b. Suffered Abuse & Neglect as Adult ..….False …. even if T, Not suff’ly frequent or severe …..no weight

    Ok, cyber-jurors, what do you think? Agree or disagree, on this factor?

    You can cut & paste the line below into the "post reply" box, as all or part of your answer.

    It’s a MULTIPLE CHOICE TEST, so cut out answers below you do not agree with.
    For extra credit, write a few sentences.

    5a. Suffered Abuse & Neglect as Child. ..…Tr/Fa, because (not) affecting JA‘s murder conduct, ___weight;
    5b. Suffered Abuse & Neglect as Adult ..….Tr/Fa, (Not) suff’ly frequent or severe; no/little/some/great weight

    Last edited by al66pine; 05-18-2013 at 02:15 AM.

  8. #8
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    Arrow Def. Claims mitigating factor = 6. Tried to make best of her life

    6. TRIED TO MAKE THE BEST OF HER LIFE
    Def. said, pre-offense, PPL-having a business, was part of this; D. Brewer will talk about it.
    Can State show by income tax returns she made little income from this, but continued using as social and/or husband hunting network. Argue: Another JA ruse.
    “New Spirituality/Religious Convictions” as post-offense mit. factor, per azcourts.gov cases discussed .
    Def. said pre-offense, JA’s desire to join Mormon Church was “in that line.”
    State can show: Per JA post-verdict interview. Troy Hayden, JA said “Mormons don’t come around” much to jail.
    Argue: JA places blame on others for her failure to continue to practice religious beliefs.
    Post-offense, what specifically has she done? Argue not done much.

    Here’s what I think:
    6. Tried to Make the Best of her Life …Pre & Post-offense effort= insignificant…. No to little weight given

    Ok, cyber-jurors, what do you think? Agree or disagree, on this factor?


    You can cut & paste the line below into the "post reply" box, as all or part of your answer.

    It’s a MULTIPLE CHOICE TEST, so cut out answers below you do not agree with.
    For extra credit, write a few sentences.

    6. Tried to Make the Best of her Life …… Pre & Post-offense = (in) significan.....no or little weight
    Last edited by al66pine; 05-18-2013 at 02:55 AM.

  9. #9
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    Am I allowed to just Start with #4 - Lack of Support from Family? Yes I will:

    Just from memory:

    -After CMA left her family to live with Bobby Juarez because she didn't want to live by their rules,
    -Bobby Juarez kicked her out - Where did she go? Grandma's house? (Family Support)
    -Then CMA found someone else to suck off of for awhile (what's his name?)
    -They break up and CMA moves back in with Grandma, right? (Family Support)
    -All the while, CMA's Mom is sending money to Grandma to help feed wicked grandaughter...(Family Support)
    -Then the next road trip for the next victim
    -Can't remember his name but that didn't work out either, so where does CMA go?
    -Yep, Grandma's house (Family Support)
    -Mother tries to help dear daughter move out of Mesa back to Yreka and was rejected by DD and probably chewed out by DD (Family Support
    -CMA decides to take a road trip and gets help from (Family Support) to drive to Redding, CA so that she won't be traced to Yreka because she is Einstein
    -CMA Mother, Auntie, Father, and Grandmother appear in court. CMA Mom everyday. (Family Support)
    -CMA's Mother visits her in jail everyday after trial (Family Support)
    -CMA tweets out the correct website name to donate MONEY FOR HER FAMILY, or maybe Her (Family Support)


    Edit and Addition: The Defense Has No Mitigating Factors - Including the one I speak of here. JMO
    Last edited by AuburnSchnauzer; 05-18-2013 at 02:53 AM. Reason: Requested by Thread Starter in a PM

  10. #10
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    I find the fact that Jodi herself admitted that she had she had no mitigating favors most compelling and succinct. Here are her words from the interview with Troy after the guilty verdict:

    "Troy: "You have mitigation hearing coming up at penalty phase. You know what your mitigating factors are going to be and how you are going to play that?"

    Jodi: "Well I've been told I don't have any mitigating factors."

    Troy: "By who?"

    Jodi: "My attorney."

    Tory: "So Kirk Nurmi said there are no mitigating factors for you in terms of arguing against the death penalty?"

    Jodi: "Um nothing that is what you typically see in a case like this, such as a childhood where there was drugs, alcoholism, molestation, none of those things occurred in my family so I guess we would sort of joke that my mom didn't beat me hard enough, so I don't have mitigation."

    Troy: "So what are you going to do?"

    Jodi: "They feel that I would be a suitable candidate to behave myself in a correctional facility and just not be a problem. That may be their angle, I don't know."


    http://www.myfoxphoenix.com/story/22...gating-factors

    But I know we love to thoroughly discuss and share opinions, facts and views so I'd love to hear other's viewpoints.
    Last edited by SwampMama; 05-18-2013 at 03:01 AM.
    SwampMama

    GUILTY!!!

    Cyrus C. convicted of 2004 arson in Harvey, La. that killed 4 people, including his 19-month-old daughter, his teenage girlfriend, the girlfriend's mom and GF's young brother (age 11). He was acquitted in 2008 (state charges) in 2008 and found GUILTY (federal charges) in 2013

    http://www.nola.com/crime/index.ssf/...d_of_2004.html


  11. #11
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    Def. Claims mitigating factor = 7. Tried to improve her self

    7. CONSISTENTLY TRIED TO IMPROVE HER SELF
    personal growth/adopted new, positive goals“ as post-offense mit. factor, per azcourts.gov cases.

    Def. said, pre-offense, PPL-having a business, was part of this.
    Def. said, pre-offense, JA’s desire to join Mormon Church was “in that line.”
    Post-offense improved his education” a factor discussed at azcourts.gov site.
    Def can (did?) show post-offense, JA got GED.

    St can ask: When? First yr in jail? Or wait 4yrs, until close to trial? Further edu. accomplishments?
    Argue: No time taken up by need to work, to cook, to go laundry, to commute, etc.
    It’s been almost 5 yrs. Could have completed assoc. degree or bachelors degree by now?

    Here’s what I think:
    7. CONSISTENTLY TRIED TO IMPROVE HER SELF ...Pre & Post-offense = insignificant effort…no or llittle weight

    Ok, cyber-jurors, what do you think? Agree or disagree, on this factor?

    You can cut & paste the line below into the "post reply" box, as all or part of your answer.
    It’s a MULTIPLE CHOICE TEST, so cut out answers below you do not agree with.
    For extra credit, write a few sentences.

    7. CONSISTENTLY TRIED TO IMPROVE HER SELF …… Pre & Post-offense = (in) significant…….no/little/some/great weight

  12. #12
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    Arrow Def. Claims mitigating factor = 8. Talented artist

    8. TALENTED ARTIST
    Def can show examples of her art, drawing/tracings/photography. (No ref. to singing)
    State can show drawn/traced art side-by-side with originals?
    If she is talented artist, pre- incarceration, did she try to sell her art work? Sold any then? Just talked?
    If she is talented visual artist, did she ever volunteer to teach at senior centers or for Brownie troops?

    Here’s what I think:
    8. Talented Artist ……………..……………….Whatever talent………………………. no weight
     
    Ok, cyber-jurors, what do you think? Agree or disagree, on this factor?

    You can cut & paste the line below into the "post reply" box, as all or part of your answer.
    It’s a MULTIPLE CHOICE TEST, so cut out answers below you do not agree with.
    For extra credit, write a few sentences. LOL

    8. Talented Artist …………………………….No/little/some/great talent; …….no/little/some/great weight

  13. #13
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    1. Age = 27 ……………………………….......

    Since this is the age where serial killers peak, and it is plenty old enough to know right from wrong, is way above the legal age, and at this stage of her life she had already been out of the family home for 10+ years, had owned a home, had a licence, held down jobs, had enough fortitude to drive interstate, move interstate, and basically live an independent life, I think it will be overlooked.

    2. Lack of Criminal History………………

    Yes, until this time she had no record, if Travis had called the police on her she could have been done for the vandalism of his car, for breaking and entering, for stalking, for identity theft, and possible for financial fraud. The jury heard little of this, but she had no record .. true.

    3. A Good Friend ………………………………

    All the friends testifying for Jodi are not dead .. as far as friendship goes, it seems that she was so obsessed with Travis that that was her one and only topic, if anyone enjoys hearing a woman go on and on about a guy who's clearly not interested then they are better people than me .. so she was lucky to have patient people in her life. Her PD would have made her a horrible friend.

    4. Lacked Support from Family……………..….

    Her mother flew down to Mesa from Yreka to try and help her move, got kicked and sent back home. They tried to support her, she repelled it. What she needed from her family was therapy sessions, could they have forced her, most likely not, would she have admitted she needed therapy, with her NPD very unlikely .. an earlier arrest for stalking may have forced her into therapy, otherwise I can't see how it could have been achieved.

    5a. Suffered Abuse & Neglect as Child ………

    Disclaimer: According to Jodi. If her mother gets on the stand and says otherwise I will be interested to hear what she has to say. Now, I actually do think there were some kind of strange circumstances that led to the creation of JA, we haven't heard what they are yet, there must be a combination of biological and environmental contributors to what happened on June 4, 2008. Jodi as and adult was responsible for recognising and getting help for any emotional issues she had. She did not live in a bubble, she should have known she had become a stalker and an unwanted guest in Travis' life, the responsibility was hers, she should have got help, not killed Travis.

    5b. Suffered Abuse & Neglect as Adult ………

    Disclaimer: According to Jodi. She projected her issues onto others, if people neglected and abused her as an adult she was free to find people who were more on her 'level' .. other young adults are not there to nurture each other although good friends will, if it didn't happen it's because she annoyed people. She should have known that she needed help by age 27 .. before even.

    6. Tried to Make the Best of her Life ………

    Good for her. She failed there. Next.

    7. Consistently Tried to Improve Herself…

    Jodi needed real help, intensive therapy etc .. she was way to sick to 'improve herself' because her condition blocked self reflection, and blocked any ability she had to make change, I think she skipped a window of opportunity that would have opened as she left school, she need therapy then, by the time she would have been ready she was out on her own around other young adults who are unlikely to read the signs.

    8. Talented Artist ……………………………….

    Jodi is good at tracing and colouring in .. a man is dead.

    Thanks for the thread, can we also argue on how we think it COULD have been argued? I think that would be a fun debate
    You don't get a medal for switching alliances just before the result, as it becomes apparent the other team is set to win.

  14. #14
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    Quote Originally Posted by SwampMama View Post
    I find the fact that Jodi herself admitted that she had she had no mitigating favors. Here are her words from the interview with Troy after the guilty verdict:

    "Troy: "You have mitigation hearing coming up at penalty phase. You know what your mitigating factors are going to be and how you are going to play that?"

    Jodi: "Well I've been told I don't have any mitigating factors."

    Troy: "By who?"

    Jodi: "My attorney."

    Tory: "So Kirk Nurmi said there are no mitigating factors for you in terms of arguing against the death penalty?"

    Jodi: "Um nothing that is what you typically see in a case like this, such as a childhood where there was drugs, alcoholism, molestation, none of those things occurred in my family so I guess we would sort of joke that my mom didn't beat me hard enough, so I don't have mitigation."

    Troy: "So what are you going to do?"

    Jodi: "They feel that I would be a suitable candidate to behave myself in a correctional facility and just not be a problem. That may be their angle, I don't know."


    http://www.myfoxphoenix.com/story/22...gating-factors


    What Swampmama said....

  15. #15
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    Quote Originally Posted by al66pine View Post
    4. LACKED SUPPORT FROM FAMILY
    Def. evd: pre-offense, per JA testimony, her parents did not rave enough about her junior high artwork.
    Def will show what else?
    ---Pre-offense, 17 y/o JA moved from family home.
    ---Post-offense, ___?
    State can show ___
    Pre-offense, parents paid for exchange student program (true?), music lessons, etc.
    ---Pre-offense voluntarily moved out, to live w. jobless boyfriend at his G’parents house.
    ---Pre-offense, living independently and/or w. boyfriends does not by itself show lack of family support.
    ---Pre-offense, mother flew to AZ to help Jodi pack U-Haul and move to Yreka. Paid for it too?
    ---Post offense ~6 weeks until arrested and in jail. JA lived w. maternal G’parents.
    ---Post offense, after arrest & in jail: __ visits?
    ---JA’s mother attended trial every day, has visited her at jail. Even gravely ill father attended some. Brother and sister attended a few days. Aunt attended most days. Maternal g’mother attended ~ 1 week.

    Here’s what I think:
    4. Lacked Support from Family………..... no to teensy-marginal truth…………. No to little weight given

    Ok, cyber-jurors, what do you think? Agree or disagree, on this factor?

    You can cut & paste the line below into the "post reply" box, as all or part of your answer.
    It’s a MULTIPLE CHOICE TEST, so cut out answers below you do not agree with.
    For extra credit, write a few sentences.

    4. Lacked Support from Family………..... Pre-& Post offense = _____...... no/little/some/great weight
    I must have misunderstood what this thread was about. I laid out my thoughts on "Lack of Family Support". Juan Martinez can easily lay this out. Danged it I do and danged if I don't.....OMG

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