[ This is from a very long article, linked upthread. I pasted a few of the key points, which will apparently be dealt with today, hopefully, in court: ]
CBS 5 reports the newest motion to compel from the defense is asking the prosecution to hand over reports from the Mesa Police after they initially investigated the computer of the murder victim Travis Alexander. The computer of Travis Alexander has taken center stage in this sentencing phase as a key strategy to stall and delay from the Jodi Arias defense. They are doing everything they can to get this jury to hear that Travis Alexander watched *advertiser censored*.
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The
defendant then asks that the court compel the State to turn over those reports stating that according to Arizona Rules of Criminal Procedure Rule 15.1, failure to do so is a Brady violation. The defense is also saying, not only should this evidence be turned over to us, but we believe that sanctions should be applied to those responsible for this grievance, and that Jodi should be freed from jail immediately.
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Jodi is trying to suggest that had she not been “smart enough” to self-represent, it may never have been discovered that Evidence #390633 had been tampered with. But that’s not how her tweet is coming off to the public. Instead to many it is sounding like, “Has anybody realized that there would be no issue of tampering and misconduct if Jodi hadn't self-represented herself so she could obtain evidence and possibly tamper with it?”
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Now the new defense motion to compel wants the judge to compel Mesa Police to hand over reports that everybody knows the defense likely already reviewed in 2008. It's looking a lot like the, "Okay we know we don't have any evidence so now let's revisit yours and see what we can tear apart with that" technique.
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Will Jodi's charges be dismissed under these alleged Brady violations? The judge will need to find that they are indeed Brady violations, which means that it is found this evidence is exculpatory. In other words the judge needs to find that if the 2013 jury heard this evidence, they would have found Jodi to be “not guilty” of first degree murder with aggravated cruelty.
With death on the line, this is either a desperate last minute attempt to save Jodi's life, or just another eleventh hour delay tactic. Either way, succeeding with this motion is a seriously uphill battle for the defense. The aggravating factors that made Jodi eligible for the death penalty were cruelty.
http://www.examiner.com/article/jod...otion-nobody-gasps-did-jodi-implicate-herself
