8 Mitigating Factors Proffered by Def Team

[AuburnSchnauzer]

It is a mitigator, and she meets the requirements, it is not an excuse for murder by any means, but it has weight. On balance it is not enough to get her off DP IMO.

The jurors might give "some weight" to that one out of 8 possibles.....We just never know how these jurors will decide. I know the family wants a decision QUICK and according to a close friend of theirs (Skye Hughes) - They all want the Death Penalty including Aunts and Uncles

 

[gngr~snap]

The only reason she had no criminal history is because she was never reported for trespassing.
This is worse than pathetic!
I agree with JA. There is nothing.

No reason for her to speak either. The jury will not believe anything she says now.
moo

 

[al66pine]

On a Combined Basis
8 Mitigating Factors Proffered by Def.
IMO
-----------------------------------------------------------------------​

1. Age = 27 ………………………………...........True, but not lacking judgment …………...…no weight given
2. Lack of Criminal History………………………Not true, Lies on stand …………………..…..no weight
3. A Good Friend …………………………………Marginal significance ……………………….. no weight
4. Lacked Support from Family……………..….Pre-& Post offense…..………………….…... little weight
5a. Suffered Abuse & Neglect as Child ……….If true, because not affecting JA‘s conduct… no weight,
5b. Suffered Abuse & Neglect as Adult ………..If true, Not sufficiently frequent or severe …. no or little weight
6. Tried to Make the Best of her Life …………Pre & Post-offense = insignificant ……………no or little weight
7. Consistently Tried to Improve Herself………Pre & Post-offense = insignificant…………….no weight
8. Talented Artist ………………………………..Whatever talent……………………………….. no or little weight

IMO, Def. has not proved (and will not prove w. what we know now) any mitigating factors, at least not the ones of such importance that they would outweigh the murder itself coupled w.the cruelty.
For, ex. if JA had been 17 at time of offense, and had documented abusive childhood, lacked crim history, conceivably, I'd think more about those as mit factors that might outweigh the murder & cruelty.

The fact that she lied at time of arrest and still lied on the stand undoes any of the flimsy, lame-azz bits & bobs of 'mitigation' the Def had put on (or likely to) IMO.

In other words, IMO, no mitigation.

 

[AngelWings444]

On a Combined Basis
8 Mitigating Factors Proffered by Def.
IMO
-----------------------------------------------------------------------
​

1. Age = 27 ………………………………...........True, but not lacking judgment …………...…no weight given
2. Lack of Criminal History………………………Not true, Lies on stand …………………..…..no weight
3. A Good Friend …………………………………Marginal significance ……………………….. no weight
4. Lacked Support from Family……………..….Pre-& Post offense…..………………….…... little weight
5a. Suffered Abuse & Neglect as Child ……….If true, because not affecting JA‘s conduct… no weight,
5b. Suffered Abuse & Neglect as Adult ………..If true, Not sufficiently frequent or severe …. no or little weight
6. Tried to Make the Best of her Life …………Pre & Post-offense = insignificant ……………no or little weight
7. Consistently Tried to Improve Herself………Pre & Post-offense = insignificant…………….no weight
8. Talented Artist ………………………………..Whatever talent……………………………….. no or little weight

IMO, Def. has not proved (and will not prove w. what we know now) any mitigating factors, at least not the ones of such importance that they would outweigh the murder itself coupled w.the cruelty.
For, ex. if JA had been 17 at time of offense, and had documented abusive childhood, lacked crim history, conceivably, I'd think more about those as mit factors that might outweigh the murder & cruelty.

The fact that she lied at time of arrest and still lied on the stand undoes any of the flimsy, lame-azz bits & bobs of 'mitigation' the Def had put on (or likely to).

Inn other words, IMO, no mitigation.

Thank you so much for this wonderful thread! Obviously, it was a ton of work and very time consuming. Before it gets buried in comments, I want to thank you for your hard work! Awesome job! :drumroll:

 

[al66pine]

<snip from post 13>...

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

Yes, by all means, IIRC, both Def and the State can still put on more evd
and can still get creative w. their closing arguments.

Thanks.:seeya:

 

[AuburnSchnauzer]

I don't know which juror asked the question of CMA when she was on the stand but it still stands out to me and proves that she has zero remorse for what she did - It went something like this: (Oh, gawd - am I on the right thread for this?)

Juror question to JA: Something like
"If you were not arrested for murdering Travis, would you ever admit to killing him?"

JA response after a very long pause: "Uh, I don't know how to answer that"

 

[mollyf]

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&#8217;s what I think:
8. Talented Artist &#8230;&#8230;&#8230;&#8230;&#8230;..&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;.Whatever talent&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;. 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&#8217;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 &#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;.No/little/some/great talent; &#8230;&#8230;.no/little/some/great weight

I think everyone knows that John Wayne Gacy became pretty good at drawing and selling images of clowns during his time in prison. She's not Dali or Picasso or Gaugin. Great artists are often forgiven for their narcissism because their work is so groundbreaking. Jodi is a decent colorist who uses a pleasant sense of texture in her unoriginal works. Whatever she shows to the jury will only comfort them, knowing that whichever decision they make, perhaps she'll have time to practice and develop her draftsmanship.


Sent from my hippocampus using Tapatalk

 

[mangolassi]

Lack of criminal history...well, didn't the jury hear about several instances of breaking and entering, theft of a ring, harassment, and vandalism (tire slashings)? It's true she wasn't arrested for any of that, unfortunately, but as a juror I would hardly consider JA a model citizen prior to June 4, 2008.

 

[AuburnSchnauzer]

I only responded to #4 - That was most ridiculous and so easy to disclaim.

 

[AngelWings444]

# 4. Lacked Support from Family - I believe, in order to have this be given any weight, her family would have to testify. Otherwise, it's only the proven liar's word. Her Mom has been there every single day. The jury won't buy that she was never there for her daughter, unless Mommy Arias speaks. Won't happen.

JMO

 

[Dana]

Lack of criminal history -

The slashed tires were never proven and no police report with JA's name on it is anywhere. The trespassing was admitted by JA but no police reports.

I do think they mean no convictions/jail time/criminal offenses. As far as lying on the stand and during police investigations, I'm not sure if they consider that criminal but I would think perjury is a nice offense

I am really hoping Juan jumps in on this one and reminds the jury about JA being arrested after the murder of TA with another rental car, a (registered) gun and knives leaving to..somewhere.

 

[Dana]

I'm curious if JA's actions while in jail can be brought up. All the stealing and fighting she's done?

 

[Mrs G Norris]

I'm curious if JA's actions while in jail can be brought up. All the stealing and fighting she's done?

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?

<snipped for space>

Yes it looks like they can .. looks like JA is going down on all 8 mitigators ..

 

[Dana]

The DT HAS to know it's ridiculous to even bother with the mitigation, especially since they know that Juan will tear it all down within minutes. Wouldn't it be nice if JA just concedes and gets it over with :facepalm:

 

[al66pine]

http://www.azcourts.gov/ccsguide/MitigatingCircumstances/MODELPRISONER.aspx


DANA
From above link, a few snip about Def. (generally) in jail:



"MODEL PRISONER/GOOD CONDUCT WHILE INCARCERATED AND/OR IN COURT
Model Prisoner: This category consists of cases in which the defendant argued that he behaved well or did good things while incarcerated or at trial. There are several sub-categories: (1) Evidence that the defendant had few if any disciplinary write-ups and/or aided in thwarting criminal activities from other inmates, and/or behaved well during the trial; (2) Evidence that the defendant improved his education and helped other become educated; (3) Evidence that the defendant developed spirituality; and (4) Evidence that the defendant has shown personal growth/adopted new, positive goals. The cases in this section are subdivided into these four sub-headings for ease of reference.
Note that this section does not deal with conduct occurring before the defendant&#8217;s arrest."

In a bit, I'll go to link looking for ex's.
Anybody wanna come w. me to the linK?

 

[Dana]

I do know while CMja was in jail, she did learn some Spanish and sign language.

She was in a fight and I read that she 'claimed' it was self defense (again lol) ..can that still be brought up?

 

[SwampMama]

I look at Jodi's list of "mitigating factors: and see a big zero, just nothing.

And i think of Travis and think he has overcome a wretched childhood, drug addicted parents, poverty, physical abuse, neglect and things we will probably NEVER know because the Alexander family has overcome them (remember stumbling blocks versus stepping stones).

He made it thru all of that , survived, thrived and wanted to help others thru too (remember his book "Raising You"). He made it, he was successful!

and then he met Jodi and was brutally killed.

There are just no "mitigating" or redeemable qualities about Jodi. Sorry, just none. She said it herself and for once I believe her. Ok, so there we have one tiny positive thing. I DO believe she told the truth when she said there were no mitigating factors.

But you know what? The way she said it was like she expected us to feel sorry for her that she hadn't been beaten more or because her life wasn't worse than it was. Are U freaking kidding me??

I'm glad to see ya'll have it all logically laid out and fairly weighed amd do appreciate your thoughts and considerations on it. Believe me. I wish there was some trace of humanity, humility, remorse or repentance but there just is none and there never will be.

 

[Hopeful One]

Is the fact that Jodi is really ugly a mitigating factor?

No, I'm serious.

 

[Dana]

Is the fact that Jodi is really ugly a mitigating factor?

No, I'm serious.

I would have said seriously homely but Ok :floorlaugh:

An Ugly Betty wanna be

 

[al66pine]

dana

re JA's conduct in jail, looks like the fisticuffs in jail might be brought in.

http://www.azcourts.gov/ccsguide/MitigatingCircumstances.aspx

"LACK OF CRIMINAL HISTORY
[This category consists of cases where the defendant argued that his lack of a criminal record, or the lack of a criminal record of some type, such as violent felonies, was mitigating. Prior arrests, juvenile records and other prior bad acts have been considered in rebuttal of this evidence." BBM


Anyone else, thoughts, pls?