Retrial for Sentencing of Jodi Arias - Day 7

[hindsight2020]

Wild About Trial ‏@WildAboutTrial 1m1 minute ago
I will be going down to #JodiArias today. So mysterious this trial is. I hope to dig up some answers.

 

[RadarLuv]

Does trial usually start at 8 or 9 in PHX?

 

[ScarlettScarpetta]

It must not be as easy as we think. She already spent one jury.

I wish it were that easy. Unfortunately everyone isn't as quick to hand out the DP as I would be in a case where confession is involved.

I won't get into why I think that some "People" voted for life instead of death. This is a death penalty case because she more than qualifies for that punishment. If you can not vote for death you should not be on the jury. There really is no decision other than did the state prove death was the appropriate punishment or not. If they are your personal feelings do not come into play.

If someone can look at those pictures and not think this person who slaughtered someone does not deserve it for taking a life in such a brutal heinous matter, than they should not be on a DP case. IMO

 

[LambChop]

Could he have objected in a private sidebar/sealed or would have to have been in front of the court?

Sent from my SCH-S720C using Tapatalk 2

It was in open court at the hearing Friday. I don't think he wants a delay with this witness. jmo

 

[ScarlettScarpetta]

Wild About Trial ‏@WildAboutTrial 1m1 minute ago
I will be going down to #JodiArias today. So mysterious this trial is. I hope to dig up some answers.

Love first hand info!! Hope you get all the details!

 

[dog.gone.cute]

Good morning! I'm sitting on pins and needles to see what happens today.

If the Appellate Court isn't hearing the appeal until much later in the month, will JSS put the trial on hiatus?

Will she rule the defense must continue?

IMHO, if the defense is told to continue, I'm betting Nurmi will refuse to bring in any witnesses.

:seeya:

My :twocents:

1st BBM: Yes.

2nd BBM: No.

3rd BBM: IF he is told to continue, Nurmi will have a big "hissy fit" ... the defense's strategy is to delay ... delay ... and delay because they have NO defense !

All JMO and :moo:

 

[Hatfield]

While we wait, I just have an observation I have been wondering about.

Is this phase going along where the Prosecution gets to go first and bring in all their witnesses first, and then the defense will get their turn, and then the Prosecution gets to call final rebuttal witnesses?

The reason I am wondering is it seems Juan is bringing in a lot of witnesses that are going through lots of the same things from the first trial and couldnt some of that have waited until he saw what the defense was going to bring into the trial and then just bring his in on rebuttgal?

Maybe he knew the witness list from defense first and then maybe it makes sense because he knew where defense was heading and was cutting them off at the path.

This phase sounded so simple a month ago. She is guilty. Decide her punishment and try not to rehash the guilty/not-guilty part. But we all knew it would be a rehashing of the 1st trial and I am wondering why the proscution is getting roped up in bringing in so many witnesses that are heading down the path of rehashing the trial.

I love Juan and am just confused how the trial is proceeding if its the prosecution doing all the calling of witnesses.

 

[T-4-2]

Augustgurl -- the previous thread was closed by the time I read your extremely kind response to my last post, so I'm responding here.

Thanks! It's always great to get such positive feedback. All of the points I made in my fake "apology" letter were gleaned from other people on this site, so I think of it as a group effort. My contribution to the effort was mostly just formatting -- it's not always easy to pull stuff together in a way that makes sense, so, again, thank you very much for telling me I did a good job!

 

[lilyet]

:seeya:

My :twocents:

1st BBM: Yes.

2nd BBM: No.

3rd BBM: IF he is told to continue, Nurmi will have a big "hissy fit" ... the defense's strategy is to delay ... delay ... and delay because they have NO defense !

All JMO and :moo:

I would hope the appellate court would take this case immediately, they know how much it is costing and are as aware as everyone what a circus it has become, MOO, hopefully they would get this moving asap one way or another to avoid a mistrial , or huge delay.

 

[Summerfun]

Good luck tomorrow Radar!!!

 

[MeeBee]

If the appellate court doesn't hear the case until the 25th the trial will still continue. If the court overturns JSS's ruling, the media will be let back in at that point and a transcript of the testimony of the secret witness as well as their identity will be made available to the media. The judge did not grant a stay so the trial will move forward, as well as the secret testimony, while the appeal is pending.

 

[hindsight2020]

I won't get into why I think that some "People" voted for life instead of death. This is a death penalty case because she more than qualifies for that punishment. If you can not vote for death you should not be on the jury. There really is no decision other than did the state prove death was the appropriate punishment or not. If they are your personal feelings do not come into play.

If someone can look at those pictures and not think this person who slaughtered someone does not deserve it for taking a life in such a brutal heinous matter, than they should not be on a DP case. IMO

I too, believe this is a DP case, but it is difficult for many people to understand mitigation, good read on links below.

http://www.capitalpunishmentincontext.org/issues/juryinstruct
Excerpt:
Mitigating and Aggravating Factors

Jurors may find the differences between finding mitigating and aggravating factors to be confusing. In death penalty cases, mitigating factors do not have to be proven beyond a reasonable doubt, and jurors do not have to agree on the existence of a particular mitigating factor or on how much weight it should be given. However, jurors must find that at least one aggravating factor has been proven by the prosecution beyond a reasonable doubt in order to find the defendant is eligible for the death penalty.



http://www.capitalpunishmentincontext.org/issues/mitigation

 

[rose222]

If the appellate court doesn't hear the case until the 25th the trial will still continue. If the court overturns JSS's ruling, the media will be let back in at that point and a transcript of the testimony of the secret witness as well as their identity will be made available to the media. The judge did not grant a stay so the trial will move forward, as well as the secret testimony, while the appeal is pending.

If the court sides with the Judge then expect more sealed testimony. Witnesses like Demarte might want to refer to this secret witness' testimony , Juan himself may use it in his closing. So we're looking at a lot of sealed information. If the court rules in favour of the media then expect lots of tantrums and drama from the Defense. Interesting--or should I say exhausting day ahead of us.

 

[RadarLuv]

How sweet of you and TY! I will be back as soon as the anesthesia wears off!

Love the pup, BTW. I'm such a sucker for furbabies!

Good luck tomorrow Radar!!!

 

[krkrjx]

So far, no word on the courtroom being open for today's proceedings?

Maybe we are all overreacting. Maybe we think we have rights that we don't actually have. We all know the defendant has rights up the wazoo...but people who are enraged by brutal murder and demand justice are considered oglers, vindictive and out for revenge. And then court is closed because all that makes a killer too uncomfortable to elaborate on some already impressive lies.

So go ahead appeals court and side with this killer. Let her have her way and the citizens will step back, having been duly put in their place. Let's just conduct all court proceedings in private so no one has to feel uncomfortable when asked to answer for their deeds. In fact, our entire government could just go underground and leave the citizens out completely--why not--it serves us right for expecting to be part of something that apparently we have no real rights to be a part of.

Carry on in secret, JSS. Oh, don't forget to keep the verdict under seal. We know you would not want the convicted murderer feeling like anyone might gloat.

 

[Hatfield]

Good Morning Folks:daisy:

Here's hoping for a good day, although I was am not too optimistic about the appellate court reversing JSS. I was reading 17A A.R.S. Sup.Ct.Rules, Rule 122 Use of Recording Devices in a Courtroom,

http://www.sc.pima.gov/Portals/0/Library/Comm/Rule 122 effective 1-1-14.pdf

Excerpt:
(2) Limitation of coverage: Upon his or her own motion or upon the request of a party, victim, or witness, a judge may allow coverage as requested or may, after making specific, on-the-record findings based on the factors in paragraph (d)(1), impose limitations as follows:
(A) order that no one may photograph, record, or broadcast a criminal defendant, a law enforcement officer, or a victim in the courtroom;
(B) order that video coverage must effectively obscure the face and identity of that party, victim, or witness, or that there be only audio coverage of the testimony of a party, victim, or witness;
(C) prohibit coverage of the testimony of that witness upon a determination that coverage would have a substantial adverse impact upon that witness or his or her testimony.

Good information. The important parts to me is what I bolded and is indicates the judge MAY allow coverage OR MAY NOT. It seems that the judge would be required to provide reasons for their decisions based on case law and I will be interested in seeing the reasons for her decisions. I will also be interested in seeing the reasons the appelate court provides in any decisions they make about this.

My guess is that the defense did not provide a compelling argument to kick out all coverage of the trial. Just because JA wants to lie in private so nobody can catch her in her lies is not reason enough IMO.

 

[Hatfield]

If the appellate court doesn't hear the case until the 25th the trial will still continue. If the court overturns JSS's ruling, the media will be let back in at that point and a transcript of the testimony of the secret witness as well as their identity will be made available to the media. The judge did not grant a stay so the trial will move forward, as well as the secret testimony, while the appeal is pending.

Didnt the media request an immediate stay from the appeals court?

I am not sure if the trial can continue or not.

 

[josie1986]

Are we all go for usual time today?

 

[hindsight2020]

Dave Erickson ‏@ericksonvision 4m4 minutes ago
Media could be stuck in the hallway today at the #JodiArias trial. I'm bringing a board game. Gonna clean up... I'm a Parcheesi hustler.

Jeffrey Evan Gold ‏@jeffgoldesq 18m18 minutes ago
Her Majesty Queen #JodiArias of Maracopa will be holding High Tea with her jurors today at 9:30amAZT. You are cordially NOT invited.

 

[bsk]

A few questions for AZL:
- If some 'normal' person was the super secret witness and they were within's the court's jurisdiction, they would need to offer some sort of proof of why they needed a closed hearing, correct?
- And JSS would scrutinize that, e.g. if a witness said, "I fear for my life if I testify," then the Judge would say something like, "Show me the police report that was filed and the evidence you turned over to them." Right?
- Can you imagine what JA could offer that would suffice in lieu of the above?
- Would you guess that JM was aware in advance that this request would be made? I mean well in advance, not five minutes before.
- Since JSS is trying to do everything possible to avoid appeal issues, are you expecting to see "surprises" like witnesses that violate discovery coming from the defense? It seems quite obvious that the judge would allow such testimony no matter how egregious the violation seems to be.