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  1. #31
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    Quote Originally Posted by shiloh42 View Post
    AZ: I know you haven't seen every single second even of the first trial, but: have you seen any appealable issues that you think might actually hold up and get a new trial granted?
    Nope.

    Quote Originally Posted by gcharlie View Post
    AZLawyer,

    What's the buzz in the local legal community about today's decision to close court? What is your personal reaction?
    Confusion and concern. And ditto for me.

    Quote Originally Posted by RickshawFan View Post
    Question: Is there any chance that JS ruled deliberately as she did (re clearing the courtroom of media and public) for the precise purpose of provoking the media to file an appeal with the Appeals Court? The Appeals Court would then make a judgment on this thorny issue. This would forestall an appeal of her sentence (by JA) to a higher court later on the grounds that she wasn't permitted to present mitigation witnesses in safety? If a higher court has already reviewed the situation and made a decision about it, JA is going to be stymied from getting a successful appeal out of it that will void the penalty phase? Maybe this is a stroke of genius on JS's part?

    Apologies if I'm not using the right terminology....
    I don't think that's the reason, but I hope that's the effect!

    "It would seem to me that June 16, 2008 was the last time that the victim was viewed by her grandparents. It became quite evident that from the OS of the Defense that the 16th was a date of great importance and that a so called time line of activities dealing with CA, LA, GA and ICA on the 16th and what, if any, activities took place on the 15th, 16th and 17th of June on 24 hour cycles would have been, at least, of a minimal requirement of review. I take it at some point you had a computer expert look at that data?" HHJP, 6/21/11
    http://www.websleuths.com/forums/sho...139910&page=94

  2. #32
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    Question: If, as it seems, Flores will be called intermittently during the current trial, why is it that he's allowed to sit next to Martinez while other witnesses are on the stand? Don't witnesses in general have to avoid information that pertains to the trial until after they've testified? Or is that just expert witnesses? Flores isn't an expert witness?

  3. #33
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    Quote Originally Posted by RickshawFan View Post
    Question: If, as it seems, Flores will be called intermittently during the current trial, why is it that he's allowed to sit next to Martinez while other witnesses are on the stand? Don't witnesses in general have to avoid information that pertains to the trial until after they've testified? Or is that just expert witnesses? Flores isn't an expert witness?
    Parties are never kicked out. Flores is the person representing the "State of Arizona" in the courtroom.

    Expert witnesses are often allowed in the courtroom while others are testifying, if they plan to rely on or comment on someone else's testimony, or if they're needed to advise the attorneys how to cross-examine another witness (usually the opposing expert).

    Lay witnesses (non-experts) who are not parties are excluded from hearing testimony of other witnesses.

    "It would seem to me that June 16, 2008 was the last time that the victim was viewed by her grandparents. It became quite evident that from the OS of the Defense that the 16th was a date of great importance and that a so called time line of activities dealing with CA, LA, GA and ICA on the 16th and what, if any, activities took place on the 15th, 16th and 17th of June on 24 hour cycles would have been, at least, of a minimal requirement of review. I take it at some point you had a computer expert look at that data?" HHJP, 6/21/11
    http://www.websleuths.com/forums/sho...139910&page=94

  4. #34
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    aZlawyer, if a mitigation witness brings in testimony not proved during the case, is the prosecution allowed rebuttal?
    "Crack up the music and dance!"

  5. #35
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    Quote Originally Posted by ohiogirl View Post
    aZlawyer, if a mitigation witness brings in testimony not proved during the case, is the prosecution allowed rebuttal?
    Yes. Either way, actually--it doesn't matter whether it came up during the guilt phase of the trial or not.

    "It would seem to me that June 16, 2008 was the last time that the victim was viewed by her grandparents. It became quite evident that from the OS of the Defense that the 16th was a date of great importance and that a so called time line of activities dealing with CA, LA, GA and ICA on the 16th and what, if any, activities took place on the 15th, 16th and 17th of June on 24 hour cycles would have been, at least, of a minimal requirement of review. I take it at some point you had a computer expert look at that data?" HHJP, 6/21/11
    http://www.websleuths.com/forums/sho...139910&page=94

  6. #36
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    Quote Originally Posted by AZlawyer View Post
    Expert witnesses are often allowed in the courtroom while others are testifying, if they plan to rely on or comment on someone else's testimony, or if they're needed to advise the attorneys how to cross-examine another witness (usually the opposing expert).
    IIRC, DeMarte and ALV (expert witnesses) were both asked if they had been privy to Arias trial proceedings before they took the stand, and they both answered no. Were they a special situation where it mattered that they were out of the loop? Or was that just a pro forma question? And ALV, IIRC, was required to be available after she testified until the judge released her, but she couldn't be in the gallery watching the trial? This business of who can go freely through the court doors is very confusing, and now we have media maybe/maybe not permitted to make it even more complicated.

    Also, for the purposes of a trial like this, who constitutes "victim's family" and "defendant's family"? Is anyone you can label "family" allowed in for discussions in chambers? Does the judge keep a short list of allowable parties? If you don't have a blood family, does a partner count? a good friend? cousin? Can JA turn Donovan into "family"?

  7. #37
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    Question: If expert witnesses are allowed in the courtroom while other witnesses are testifying so they can provide counsel and wisdom to the attorneys on "their side", if the public is excluded are the experts excluded as well? If JA is secretly on the stand, DeMarte would not be able to give JM advice on JA's behavior in the courtroom? The pattern of her lies? The features of her psychopathy?

  8. #38
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    Quote Originally Posted by RickshawFan View Post
    IIRC, DeMarte and ALV (expert witnesses) were both asked if they had been privy to Arias trial proceedings before they took the stand, and they both answered no. Were they a special situation where it mattered that they were out of the loop? Or was that just a pro forma question? And ALV, IIRC, was required to be available after she testified until the judge released her, but she couldn't be in the gallery watching the trial? This business of who can go freely through the court doors is very confusing, and now we have media maybe/maybe not permitted to make it even more complicated.

    Also, for the purposes of a trial like this, who constitutes "victim's family" and "defendant's family"? Is anyone you can label "family" allowed in for discussions in chambers? Does the judge keep a short list of allowable parties? If you don't have a blood family, does a partner count? a good friend? cousin? Can JA turn Donovan into "family"?
    The point was that they could have been privy to her trial testimony if they had cared to be. But they only cared about what she and her attorneys had carefully scripted for them to opine upon. BUT you do have to make the request and explain why an expert needs to be in the courtroom during another witness's testimony--it isn't automatic.

    The victims are defined by statute. The "defendant's family" is not a thing under the law. They are just public spectators. If someone from the defendant's family goes into chambers, something is going on that involves that person specifically.

    Quote Originally Posted by RickshawFan View Post
    Question: If expert witnesses are allowed in the courtroom while other witnesses are testifying so they can provide counsel and wisdom to the attorneys on "their side", if the public is excluded are the experts excluded as well? If JA is secretly on the stand, DeMarte would not be able to give JM advice on JA's behavior in the courtroom? The pattern of her lies? The features of her psychopathy?
    If an expert is needed to advise on testimony, they would not be excluded when the public is excluded. And yes, if JA is truly on the stand, there are approximately a billion major problems with that, including experts not being able to assess this new information and amend their opinions if necessary.

    "It would seem to me that June 16, 2008 was the last time that the victim was viewed by her grandparents. It became quite evident that from the OS of the Defense that the 16th was a date of great importance and that a so called time line of activities dealing with CA, LA, GA and ICA on the 16th and what, if any, activities took place on the 15th, 16th and 17th of June on 24 hour cycles would have been, at least, of a minimal requirement of review. I take it at some point you had a computer expert look at that data?" HHJP, 6/21/11
    http://www.websleuths.com/forums/sho...139910&page=94

  9. #39
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    AZlawyer, here you are!

    Ok. We all want to know what you think of the news that JA is the secret witness?

  10. #40
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    Quote Originally Posted by Curious in Indiana View Post
    AZlawyer, here you are!

    Ok. We all want to know what you think of the news that JA is the secret witness?
    I responded over in the retrial thread, but I think it is not possible unless JSS has just mentally imploded. Someone asked if she could have been on the stand providing foundation for another witness's testimony (even just as simple as identifying someone's voice on the phone), and I agreed that it was possible.

    "It would seem to me that June 16, 2008 was the last time that the victim was viewed by her grandparents. It became quite evident that from the OS of the Defense that the 16th was a date of great importance and that a so called time line of activities dealing with CA, LA, GA and ICA on the 16th and what, if any, activities took place on the 15th, 16th and 17th of June on 24 hour cycles would have been, at least, of a minimal requirement of review. I take it at some point you had a computer expert look at that data?" HHJP, 6/21/11
    http://www.websleuths.com/forums/sho...139910&page=94


  11. #41
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    Quote Originally Posted by AZlawyer View Post
    I responded over in the retrial thread, but I think it is not possible unless JSS has just mentally imploded. Someone asked if she could have been on the stand providing foundation for another witness's testimony (even just as simple as identifying someone's voice on the phone), and I agreed that it was possible.
    That makes more sense to me. I saw that Troy Hayden had three sources who said it was her and all I could think is that her DT made this up. Thanks for your answer. I didn't see your reply on the retrial thread but I thought from your post last week that this was impossible.

  12. #42
    How and who assigns a judge to case? Thank you in advance.

  13. #43
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    What is the average in years for someone to be put to death in Arizona if they receive the death penalty?

    In other words, let's say Arias gets sentenced to death... considering appeals, are we talking well into old age she would be executed or would it be sooner than that?

    Thanks in advance.

  14. #44
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    Quote Originally Posted by Curious Kittie View Post
    How and who assigns a judge to case? Thank you in advance.
    It's random.

    Quote Originally Posted by APT View Post
    What is the average in years for someone to be put to death in Arizona if they receive the death penalty?

    In other words, let's say Arias gets sentenced to death... considering appeals, are we talking well into old age she would be executed or would it be sooner than that?

    Thanks in advance.
    It used to be 20-25 years. I heard it was down now, so maybe 15?

    "It would seem to me that June 16, 2008 was the last time that the victim was viewed by her grandparents. It became quite evident that from the OS of the Defense that the 16th was a date of great importance and that a so called time line of activities dealing with CA, LA, GA and ICA on the 16th and what, if any, activities took place on the 15th, 16th and 17th of June on 24 hour cycles would have been, at least, of a minimal requirement of review. I take it at some point you had a computer expert look at that data?" HHJP, 6/21/11
    http://www.websleuths.com/forums/sho...139910&page=94

  15. #45
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    Would Arias be facing civil repercussions as well?

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