Jodi Arias Legal Question and Answer Thread *no discussion*

[bettybaby00]

I'm wonder if any light can be shed regarding JA's twittering activities? I was under the impression JSS or maybe it was the sheriff told her it had to stop..or at the very least stop tweets regarding the trial. She has been very active the last few days, and has accused "the state" of lying during the proceedings, whined about not being able to get her fill at the commissary, as well as blaming the state and the Alexander family for "this fiasco" bc they wouldn't accept her plea deal. I just don't get why she is afforded this "freedom," and I feel Juan should bring this up during the mitigation phase to illustrate JA's total disregard for the situation that she is in. Moreover, her cavalier attitude is a blatant example of her lack of remorse, as well as illustrating her disrespect toward the court, the jurors as well as the Alexander family.

Sorry.../end rant

 

[fruity]

I'm sorry if this has already been asked and I'm sorry it's late. Can you please pretend I asked this 2 days ago?

Before the jury started deliberating, what was your guess for how long it would take?

 

[SCSam]

I should have posted this question here as opposed to elsewhere. Here goes:

I am curious and hope someone here can answer.. probably will feel stupid but here goes... on the court history below, there is nothing listed for 5/6 but three listings for today. Any ideas why? Skips from 5/3 to today.

Case Documents Filing Date Description Docket Date Filing Party 5/7/2013 012 - ME: Trial 5/7/2013 5/7/2013 012 - ME: Trial 5/7/2013 5/7/2013 012 - ME: Trial 5/7/2013 5/3/2013 023 - ME: Order Entered By Court 5/3/2013

 

[gauntlet]

I was wondering what impact a long trial like JA's would have on the court. If they 'expected' the trial to be over now, are other cases banking up? For example, JSS's docket has about 8 cases on it this morning. I know these are only hearings but surely more of her time is being taken up than expected?

 

[AZlawyer]

I should have posted this question here as opposed to elsewhere. Here goes:

I am curious and hope someone here can answer.. probably will feel stupid but here goes... on the court history below, there is nothing listed for 5/6 but three listings for today. Any ideas why? Skips from 5/3 to today.

Case Documents Filing Date Description Docket Date Filing Party 5/7/2013 012 - ME: Trial 5/7/2013 5/7/2013 012 - ME: Trial 5/7/2013 5/7/2013 012 - ME: Trial 5/7/2013 5/3/2013 023 - ME: Order Entered By Court 5/3/2013

Those top three are the minute entries for 5/1, 5/2 and 5/3. They were just filed by the clerk on 5/7. Someone got behind on their filing, in other words. (The fourth one was the order to pay the mitigation specialist for her work during the trial.)

 

[Memphis Belle]

Beth Karas reporting more "activity" at courthouse than yesterday. Fingers crossed.

 

[AZlawyer]

I was wondering what impact a long trial like JA's would have on the court. If they 'expected' the trial to be over now, are other cases banking up? For example, JSS's docket has about 8 cases on it this morning. I know these are only hearings but surely more of her time is being taken up than expected?

Actually, I think she's had a lot of small matters on her morning docket throughout the trial.

 

[AZlawyer]

I'm sorry if this has already been asked and I'm sorry it's late. Can you please pretend I asked this 2 days ago?

Before the jury started deliberating, what was your guess for how long it would take?

I didn't make a guess. So now it would be cheating.

 

[AZlawyer]

I'm wonder if any light can be shed regarding JA's twittering activities? I was under the impression JSS or maybe it was the sheriff told her it had to stop..or at the very least stop tweets regarding the trial. She has been very active the last few days, and has accused "the state" of lying during the proceedings, whined about not being able to get her fill at the commissary, as well as blaming the state and the Alexander family for "this fiasco" bc they wouldn't accept her plea deal. I just don't get why she is afforded this "freedom," and I feel Juan should bring this up during the mitigation phase to illustrate JA's total disregard for the situation that she is in. Moreover, her cavalier attitude is a blatant example of her lack of remorse, as well as illustrating her disrespect toward the court, the jurors as well as the Alexander family.

Sorry.../end rant

I'm sure neither the judge nor the sheriff told her to stop. What grounds would they have to stop her?

Juan might be able to bring up tweets during mitigation if he can show they were authored by her, and if they rebut the idea that she is deserving of mercy.

 

[AZlawyer]

I have a question regarding some discussions over plea bargains in a dp case (I don't live in a dp country - so I have no knowledge of how it works).

If the state charges murder 1 with the death penalty, and will not resolve in a plea to a lesser charge, is there any option for the defendant, other than a trial?

For example - can the defendant plead guilty to murder 1 and not get dp?

I'm assuming that a person can't just plead guilty and accept the dp without some type of trial. Is this correct?

If the defendant pleads guilty to Murder 1, there will still be a sentencing hearing and the DP will still be "on the table" if there's no plea deal (and if the case is eligible for the DP, of course).

Yes, a defendant can plead guilty and stipulate to the DP, but the judge does still need to receive evidence sufficient to justify that.

 

[AZlawyer]

I just heard about this today. Apparently Arizona has a Lengthy Trial Fund for trials that last six or more day that can compensate jurors up to $300 per day for lost income, plus mileage, if they are employed and lose income as a result of their service, and also jurors who are unemployed or retired can get $40 plus mileage instead of the usual $12 per day.

Would this apply to jurors in the Arias trial?

http://www.superiorcourt.maricopa.gov/juryservices/generalinformation/altfjurorhandout.asp

Yes, they should have been eligible for that. Hopefully someone on the court staff dropped off a packet of blank claim forms in the jury room on day 6.

 

[AZlawyer]

Do the jurors have 600 pieces of evidence in the room with them? How does that affect the chain of custody, presuming all of this evidence will be needed down the line for appeals?

Most of the "evidence" documents are copies or printouts of things that can easily be copied or printed out again if needed. Anything that is in danger of being tampered with is brought into the jury room only under supervision of the bailiff.

 

[AZlawyer]

I genuinely do not understand why the DT was allowed to make its accusations of pedophilia. I thought that the rules of evidence insist that any such allegations must be supported by demonstrable fact in order to be allowed in?

Although I found it incredibly offensive that the DT focused so much on sex and thst it used sex to trash Travis, I understand how most of that slime was allowable, since it is demonsrably true that JA and Travis had sex.

But the pedophilia? Not only was there not a single scrap of a fact to support the allegation, but there was a huge flashing red neon sign that indicated the allegation was a lie.....the forged letters, of which the judge was quite aware.

Under what legal reasoning, then, was the allegation of pedophilia admissable in court?

The rules require such accusations to be supported by EVIDENCE. Jodi's testimony was evidence, as is the testimony of any witness.

Also, IMO there was no "proof" presented to the judge that the letters were forged. My best guess is that there were expert witnesses on both sides, but the defense team withdrew its request for the letters to be admitted because the lawyers learned information suggesting that they were forged.

AZLawyer?

I answered this one a while back--see above.

 

[gauntlet]

Actually, I think she's had a lot of small matters on her morning docket throughout the trial.

Thanks for speedy reply. I appreciate they were lots of small matters but the case was expected to be finished by now so would they 'generally speaking' have built in leeway for JSS's time?

 

[AZlawyer]

Just curious, while waiting for a verdict, is the defense attorney usually with the defendant, waiting? Is the prosecutor doing other tasks as assigned or is he/she pacing in the office nervous for the verdict?

All the lawyers are ordinarily at their offices working on other things until they get the call to return to the courthouse.

 

[christee]

Wild About Trial ‏@WildAboutTrial 44s
Valerie just went into the juror room again. Val is a busy woman today.

 

[swan366]

Do all the verdicts have to be unanimous on all the different counts?

I wasn't able to listen closely to the closing arguments, and I remember JM saying "it doesn't have to be unanimous" but I don't recall specifically what he was talking about.

 

[BearAngel]

Questions: Please do not get angry...Due to the fact that JA only admits to using the gun...and that is considered not what caused his death, do you think that this may play into their deliberations? For if she only admitted to using the gun, then did she admit to killing him? If she did not admit to killing Travis by knife, then in truth, can they even consider her confession?
2nd Question:... If the entire case is based in part due to the ME's report, does that remove the evidence that was associated with it, as it again raises the question of which wound was the fatal one?
Prayers for the family and friends of Travis....this was a very complex case for any jury, due to the overwhelming amount of evidence that they may feel like they have to go over one more time prior to verdict.

 

[LadyEdith]

Well my prediction was wrong. I thought Tuesday before lunch. My conclusion is that I have no skill in predicting a jury's behavior. I sure do hope they don't take lunch at noon....they just started two hours ago!

 

[AZlawyer]

Thanks for speedy reply. I appreciate they were lots of small matters but the case was expected to be finished by now so would they 'generally speaking' have built in leeway for JSS's time?

I doubt it. That court is too busy to add buffer time to the schedule.

Do all the verdicts have to be unanimous on all the different counts?

I wasn't able to listen closely to the closing arguments, and I remember JM saying "it doesn't have to be unanimous" but I don't recall specifically what he was talking about.

Yes, all verdicts have to be unanimous. Regarding the verdict for the count of 1st degree murder, however, the jury may be split between premeditated murder and felony murder.

Questions: Please do not get angry...Due to the fact that JA only admits to using the gun...and that is considered not what caused his death, do you think that this may play into their deliberations? For if she only admitted to using the gun, then did she admit to killing him? If she did not admit to killing Travis by knife, then in truth, can they even consider her confession?
2nd Question:... If the entire case is based in part due to the ME's report, does that remove the evidence that was associated with it, as it again raises the question of which wound was the fatal one?
Prayers for the family and friends of Travis....this was a very complex case for any jury, due to the overwhelming amount of evidence that they may feel like they have to go over one more time prior to verdict.

1. I sure hope they aren't considering that. First of all, there was definitely testimony that the gunshot would have killed him if he weren't already dead. Second, JA admitted on the stand that she was the person who stabbed Travis, although she didn't specifically remember doing it due to the "fog." Third, she did not "confess"--telling a false story to cover up your true involvement in a killing is hardly a confession.

2. The entire case is not based on the ME's report, but what do you mean "does that remove the evidence that was associated with it"? I don't understand the question.

The ME said that there were 3 different fatal wounds--the gunshot, the slit throat, and the stab to the heart--and I don't believe the defense disagreed with any of those conclusions.