Retrial for Sentencing of Jodi Arias #3

[MeeBee]

My personal favorites were on page 10 regarding JM attacking Ms. Willmont at the bench conference. First that she should go back to law school and second if JM were married to her he would *advertiser censored**ing kill himself. Maybe JM thought he was speaking in terms of facts at the time he was replying to whatever JW said to him. We never see that portion of the conversation written down. I think defense needs to get over it. jmo

I saw the conversation they were having and in the part where he said she should go back to law school that's exactly what he was doing, in an albeit, frustrated way. They were arguing over hearsay and she said, "I just don't see how that's hearsay..." And he interjected with the law school comment.

With the other comment, it's exaggerated. He didn't say if he were married to her he'd want to *advertiser censored***** kill himself. He did NOT use the f word. He just said I'd certainly want to kill myself. It was a hypothetical he'd brought up in response to something that Travis said. He was saying just because you say something hyperbolic doesn't mean you mean it. They took issue with it, understandably.

But at this point they're just tattling. The judge quickly reprimanded him on both occasions. And what he said wasn't even that bad in context. A bit inappropriate? Probably. Funny? Kind of. Lol

 

[krkrjx]

Even if JW was insulted by JM's hypothetical, how does that translate into Arias not getting a fair trial?

 

[krkrjx]

Regarding the tweets do the motion Exhibits show all tweets or just hers? IOW, is the tweet conversation in context or not?

ETA: I am thinking back of when the killer and her DT hoped to play only portions of the sex tape in court.

 

[LambChop]

Even if JW was insulted by JM's hypothetical, how does that translate into Arias not getting a fair trial?

I think they needed to fill a page.

 

[Zuri]

Thanks so much for posting. It's another poorly written motion by Nurmi. I can't believe the number of mistakes and I'm only on page 5! Was there no one to proof read?

Wilmott wrote it didn't she? Her signature is at the end.

 

[MeeBee]

I can't read any of "Mrs. Flores's" tweets. They're too blurry, but I just found some of them here: http://inconvenienttruthstv.blogspot.com/2014/04/a-twist-of-unexpected-crazy-lead.html

*Sigh* I'm disappointed to read this. She definitely should have known better.

 

[krkrjx]

Why wasn't that motion sealed? I thought all defense motions were sealed.

Seems a bit covert to me...let's just put this out there for all to see. Eh, throw in the "f" word here; nobody will remember that he didn't say it. *snicker*.

 

[krkrjx]

*Sigh* I'm disappointed to read this. She definitely should have known better.

Yes, she should have refrained. But...did she tweet SEALED info? That's what's being claimed, isn't it?

 

[bsk]

Can she? Does the judge have the power at this point, while the state still wants the DP?

If JSS can do this, I too wish she would. But I do not think she can unless the state says, OK, we will take the DP off the table and end this trial now.

Again...I know little to nothing of AZ law except that as long as the state is going for DP only a jury can decide it.

My guess would be that if JM and JA agree to that now, then she could do it. But JA would have no reason to agree to that since she figures it's almost impossible that she will get death, so maybe she'll luck out and get the possibility of parole.

If penalty phase round 2 ends like round 1 did, then it goes to the judge and she assigns one of the two life sentences.

 

[Retrofit]

I assume they have verified that she actually did the tweets, etc. and someone didn't just do them using her name or something? I know if JA can hack email accounts, etc., then twitter accounts should also be easy to manipulate. I guess they could check the IP Address, but can't you spoof those as well?

 

[dog.gone.cute]

I can't read any of "Mrs. Flores's" tweets. They're too blurry, but I just found some of them here: http://inconvenienttruthstv.blogspot.com/2014/04/a-twist-of-unexpected-crazy-lead.html

If Mrs. F tweeted this, then:

:gasp::gasp:



:thinking: But has it been verified that it was her, and not just some bull . . . for the DT's motion ?

 

[krkrjx]

My guess would be that if JM and JA agree to that now, then she could do it. But JA would have no reason to agree to that since she figures it's almost impossible that she will get death, so maybe she'll luck out and get the possibility of parole.

If penalty phase round 2 ends like round 1 did, then it goes to the judge and she assigns one of the two life sentences.

I am not sure JA figures it's impossible for her to get a death sentence. She thought it for sure for awhile but I am not sure she really believes it now. And...if the state took the DP off the table now, the judge could decide the sentence. No penalty retrial would be necessary and no mitigation would happen because there would be nothing remaining to mitigate.

I think the state could end this circus at this point, but only the state--unless judge finds reason to dismiss DP. But I am guessing there.

 

[Madeleine74]

All that bantering @ the bench is funny to me. If I were the judge I'd accuse JM & JW of having a wild attraction to each other and to either consummate it or get over it! That's some real heat there. :floorlaugh:

 

[Lissa]

If Mrs. F tweeted this, then:

:gasp::gasp: :thinking: But has it been verified that it was her, and not just some bull . . . for the DT's motion ?

*Sigh* I'm disappointed to read this. She definitely should have known better.

I'm surprised/disappointed too. If it's her, I find it inappropriate, but it doesn't amount to prosecutorial misconduct, IMO. I sure hope there was no sealed info leaked!

The motion says it's her based on the content of the tweets and the photos posted. Ugh! I anxiously await JM's response!

 

[katydid23]

Can she? Does the judge have the power at this point, while the state still wants the DP?

If JSS can do this, I too wish she would. But I do not think she can unless the state says, OK, we will take the DP off the table and end this trial now.

Again...I know little to nothing of AZ law except that as long as the state is going for DP only a jury can decide it.

I don't think she can do it alone. But I think she can call in both sides and try and get a deal between them all. jmo

 

[krkrjx]

I don't think she can do it alone. But I think she can call in both sides and try and get a deal between them all. jmo

Is a deal necessary? I think this is the state's call--if they decide to remove the DP then there is no need for a penalty trial because the only penalty possible is Life. Since a jury is required only to decide between Life and Death, there would be no need for a retrial. And I do not think the state needs the defense approval to remove the DP and let the judge decide sentence. They can just do it, if they choose. IMO.

ETA: Just thought of another question. IF this were to happen (state removes DP so the only sentence that can be given is Life) would there then be a mitigation phase necessary to try to convince the judge to give LWP?

 

[potboiler]

I have been looking at some of the defense motion. She is claiming that the state is being unfair by not letting her show evidence of some of her mitigating factors.

-she was physically and mentally abused by travis

-she was beaten as a child

-she has BPD, PTSD

Basicly, if she isn't allowed to represent her side of things (lies and all), in its entirety, she is being denied her mitigation factors. It is as if she should get to present Samuels and LaViolets testimony as experts without cross. I feel that Martinez successfully impeached both of them. Thiss could really go on and on.......

 

[east2west]

Her hatred for Travis, and by proxy , the Alexander family, is what keeps the steam in her engine going. Add to that, the hatred for The Hughes, bringing up the caboose. The hatred of those individuals and the additional fear of being carted off to the Lumley Unit, next to Adriano, is the driving force behind her motions. She knows she's goin to Perryville however the thought of a tiny cinder block as your home (Lumley Unit-DR) til the needle knocks on the metal food depository flap, will drive her further into hysteria. She's doomed. And her vicious claws are scratching at the walls.

 

[Bernina]

That makes me angry. It's not the nonprofit's fault & they should not be harmed because of who decides to donate monies. How petty can people be? Yes I know Arias is manipulative & she's doing it to benefit herself, I get that, but don't begrudge the organizations who do need donations and are providing valuable services. Would it be better for her to keep all the monies for herself and add that to her canteen fund? Better some nonprofits get something, even if the money is what some call "blood money."

The "issue" is that CMJA is "using" these great organizations as "evidence" for her "philanthropic" albeit "Mother Teresa" act to sway the jury in finding those donations mitigating factors to save her azz.

It's all "Show and No Go". Her minions have only made these "donations" in the last month: if court had proceeded on the original start date, none of this would have taken place, thus the motion to represent herself and the delay.

There is a method to her madness. She's never given to charities before, this is all a show for the retrial.

As she has shown in the past, she leaves a wake of destruction in her path. She is a sociopath, it's NOT what she can do for you, it's what you can do for her.

 

[turaj]

Can she? Does the judge have the power at this point, while the state still wants the DP?

If JSS can do this, I too wish she would. But I do not think she can unless the state says, OK, we will take the DP off the table and end this trial now.

Again...I know little to nothing of AZ law except that as long as the state is going for DP only a jury can decide it.

i doubt if she can shut it down...but she can reign in the courtroom..keep things moving...make rulings faster and limit the scope of what will take place...my fear is the same crap that happened in the first trial will get even worse this time.