Sentencing and beyond- JA General Discussion #9

Cathy Russon‏ @cathyrusson 1h1 hour ago
#JodiArias - Our feed is up. The hearing starts at the top of the hour. WATCH LIVE: https://lawandcrime.com/live-trials/live-trials-current/jodi-arias/watch-live-jodi-arias-seeks-new-trial-after-prosecutor-hit-with-misconduct-allegations/ …

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Cathy Russon‏ @cathyrusson 54m54 minutes ago
LIVE NOW: #JodiArias appeals court hearing. Judges are on the bench. Each side has 30 minutes. https://lawandcrime.com/live-trials/live-trials-current/jodi-arias/watch-live-jodi-arias-seeks-new-trial-after-prosecutor-hit-with-misconduct-allegations/ …

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Cathy Russon‏ @cathyrusson 50m50 minutes ago
#JodiArias - Arias' attorney now. Judge asks her to list top 3 acts of conduct of Juan Martinez that affected the trial. Attorney says Martinez had a "theme", that everyone the case is a liar but him.

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William Pitts‏Verified account @william_pitts 53m53 minutes ago
#jodiarias lawyer starting off with”unfair trial”. She gets three sentences before a justice asks a question. Wants top three reasons why it was unfair. Counsel says it was cumulative. #12news


William Pitts‏Verified account @william_pitts 52m52 minutes ago
Defense says Martinez claimed no one was telling the truth but him. #12news #jodiarias


William Pitts‏Verified account @william_pitts 50m50 minutes ago
Justices not letting go of the “top 3” question. The top 3 are cumulative misconduct, claiming all defense witnesses are lying and claiming defense witnesses were attracted to Arias. #12news #jodiarias


William Pitts‏Verified account @william_pitts 49m49 minutes ago
Justices don’t seem like they’re following. Defense seems to be struggling to narrow down three specific things that Martinez did. #12news #jodiarias


Cathy Russon‏ @cathyrusson 49m49 minutes ago
#JodiArias - Arias' attorney says JM built on his misconduct from one witness to the next. The persistence and improper questioning.


Cathy Russon‏ @cathyrusson 49m49 minutes ago
#JodiArias - Arias' attorney says part of the misconduct was Juan Matrinezx asking witnesses if they were attracted to Arias.


Cathy Russon‏ @cathyrusson 48m48 minutes ago
#JodiArias - Remember Jodi Arias is spending life in prison for brutally murdering her on-again-off-again boyfriend Travis Alexander. She shot him, slit his throat and stabbed him 29 times.

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William Pitts‏Verified account @william_pitts 47m47 minutes ago
Justices asking about state law that says in the face of overwhelming evidence of guilt, a verdict is not overturned based on the conduct of the state. #12news #jodiarias


William Pitts‏Verified account @william_pitts 47m47 minutes ago
Travis Alexander’s family is here by the way. Arias is not. I don’t see any of her family either but I can see all faces. #12news #jodiarias
 
Cathy Russon‏ @cathyrusson 45m45 minutes ago
#JodiArias - Arias attorney says there was as "lynch mob" mentality happening with the public during trial.


William Pitts‏Verified account @william_pitts 46m46 minutes ago
Here we go...talking about media coverage and publicity. #12news #jodiarias


William Pitts‏Verified account @william_pitts 45m45 minutes ago
Potentially a strong part of #jodiarias case. Justice specifically says “carnival-like atmosphere.” That’s a good description of it. Defense wanted jury sequestered so they wouldn’t be impacted. #12news


Cathy Russon‏ @cathyrusson 44m44 minutes ago
#JodiArias - Arias team bringing up the publicity in the case. The defense had asked for the jury to be sequestered but they were not.


William Pitts‏Verified account @william_pitts 46m46 minutes ago
Justice says Judge Stephens polled the jury multiple times and found no impact. Defense never asked for cameras to be removed. #12news #jodiarias


Cathy Russon‏ @cathyrusson 42m42 minutes ago
#JodiArias - Judge brings up that Arias herself was "courting" the media. She gave two interviews from jail, interview after verdict. Arias attorney, "She wasn't signing autographs on the courthouses steps." (Martinez did)


William Pitts‏Verified account @william_pitts 46m46 minutes ago
And now the most damning thing against #jodiarias case. Whether she courted the media. She did. She gave one on one interviews with all stations from jail. @12news


Cathy Russon‏ @cathyrusson 40m40 minutes ago
#JodiArias - Judge Jones says Arias was out there telling her story as much as Martinez was. Arias' attorney disagrees.

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William Pitts‏Verified account @william_pitts 46m46 minutes ago
Justice Jones: didn’t the defense complain to the judge that their client was trying her own case in the media? #12news #jodiarias


William Pitts‏Verified account @william_pitts 45m45 minutes ago
Defense claiming #jodiarias gave three interviews. Technically yes, if you don’t count each station as a single interview. #12news


William Pitts‏Verified account @william_pitts 45m45 minutes ago
This is why lawyers tell their clients not to do interviews. It can come back to bite them on appeal. #jodiarias


William Pitts‏Verified account @william_pitts 44m44 minutes ago
Justice Campbell: how do we determine who drove the publicity bandwagon? #12news #jodiarias


William Pitts‏Verified account @william_pitts 43m43 minutes ago
Justice Jones: Isn’t it ludicrous to say we look at the conduct of both and just assume that Martinez did more damage to the case? #12news #jodiarias


Cathy Russon‏ @cathyrusson 38m38 minutes ago
#JodiArias - Arias attorney: This jury was actually escorted back and forth to the courthouse by a SWAT team. https://lawandcrime.com/live-trials/live-trials-current/jodi-arias/watch-live-jodi-arias-seeks-new-trial-after-prosecutor-hit-with-misconduct-allegations/ …


Cathy Russon‏ @cathyrusson 38m38 minutes ago
#JodiArias - Attorney: We don't have this kind of a media circus in every case here in Arizona.
Judge: We want to know what the court could have done and what did it fail to do?


Cathy Russon‏ @cathyrusson 31m31 minutes ago
#JodiArias What steps, if any, might a court take to restrain a prosecutor's conduct inside the courtroom? Judge brings up a prosecutor becoming an actor on a stage.

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William Pitts‏Verified account @william_pitts 44m44 minutes ago
Defense claiming that jurors lie about being impacted by media in order to stay on the jury. Justices ask if that doesn’t undermine all jury selection. #12news #jodiarias


William Pitts‏Verified account @william_pitts 41m41 minutes ago
Defense says the process of having to ask 13 times if they’re affected by media, affects the jury. Justice asks if 14 is too many times. #12news #jodiarias


William Pitts‏Verified account @william_pitts 41m41 minutes ago
That’s critical because in appeals the justices don’t just think about this case, they think about the ramifications of the ruling in this case. Justices are trying to figure out if there’s a solution that doesn’t invalidate the justice system. #jodiarias


William Pitts‏Verified account @william_pitts 39m39 minutes ago
Ironic that the last time we’re in this building for the #jodiarias case it was because the judge kicked out the media and had Arias testify in secret, in violation of open court laws. #12news #jodiarias
 
William Pitts‏Verified account @william_pitts 39m39 minutes ago
State’s attorney begins. Gets cut off immediately. Justice reads from state’s brief: “The prosecutor did not engage in misconduct. Do you stand by that statement?”
“Yes”. #12news #jodiarias


William Pitts‏Verified account @william_pitts 35m35 minutes ago
Justice: there were 39 objections to Martinez’s questioning that were sustained. How does that not make him think his questions are off? #12news #jodiarias


William Pitts‏Verified account @william_pitts 35m35 minutes ago
Justice Campbell: What is a court to do if a prosecutor becomes an actor on a stage and not a finder of justice? #12news #jodiarias


William Pitts‏Verified account @william_pitts 35m35 minutes ago
Court brings up Martinez at sidebar: Martinez made a crack about being married to Jennifer Wilmot and swearing. Justice Campbell seems incredulous he was even allowed to remain in the courtroom. #12news #jodiarias


William Pitts‏Verified account @william_pitts 35m35 minutes ago
State says that was not ok, but because jury didn’t hear it, it’s not cause for overturning. #12news #jodiarias


William Pitts‏Verified account @william_pitts 35m35 minutes ago
State says Martinez talking about “feelings for #jodiarias” was not romantic feelings, he meant sympathy and bias. #12news


William Pitts‏Verified account @william_pitts 34m34 minutes ago
Sounds like the justices have no love lost for Martinez’s conduct. The question is whether he impacted the outcome of the trial. And honestly that may go either way at this point. #12news #jodiarias


William Pitts‏Verified account @william_pitts 33m33 minutes ago
Justices says they’re reading the record differently than the state. That’s never good for the state. #jodiarias


William Pitts‏Verified account @william_pitts 32m32 minutes ago
State: we can’t look past the overwhelming evidence of guilt in this case. #12news #jodiarias


William Pitts‏Verified account @william_pitts 29m29 minutes ago
Justice Brown wants to know if there’s precedent for a prosecutor being found to have committed misconduct and the case was upheld anyway. #12news #jodiarias


William Pitts‏Verified account @william_pitts 27m27 minutes ago
Justice Campbell: did Martinez violate his duties? Forget whether it impacted the jury. Did it happen?
State conceded a yes, he did. #12news #jodiarias
 
William Pitts‏Verified account @william_pitts 27m27 minutes ago
State says case law says it’s an ethical decision to be handled outside of the case, misconduct like this should not impact a verdict. #12news #jodiarias


William Pitts‏Verified account @william_pitts 27m27 minutes ago
State: if the prosecutor commits misconduct and the trial is still fair, then there’s no cause to overturn a verdict. #12news #jodiarias


William Pitts‏Verified account @william_pitts 26m26 minutes ago
State: the worst thing Martinez did outside of court was take some photos and the jury never knew about it anyway. #12news #jodiarias


William Pitts‏Verified account @william_pitts 24m24 minutes ago
This is VERY much a case of weighing the public’s right to know and view a trial vs protecting the process of justice and a fair trial. #12news #jodiarias


William Pitts‏Verified account @william_pitts 21m21 minutes ago
State: Most of the complaints are about people on the internet: the court has no jurisdiction over those people. #12news #jodiarias
 
William Pitts‏Verified account @william_pitts 22m22 minutes ago
Defense rebuttal


William Pitts‏Verified account @william_pitts 20m20 minutes ago

Defense talking case law and precedent in the role of misconduct. #12news #jodiarias


BrahmResnik‏Verified account @brahmresnik 19m19 minutes ago
NOW All 3 judges on #JodiAriasAppeal obviously frustrated by Juan Martinez misconduct during trial. One asks state’s attorney whether prosecutor can just run wild because he knows only penalty under AZ law is Bar complaint - not verdict reversal. Answer: Yes. #12News

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Cathy Russon‏ @cathyrusson 11m11 minutes ago
#JodiArias - Hearing is over. It could be weeks before a written ruling comes out whether Arias will get a new trial or not.


William Pitts‏Verified account @william_pitts 19m19 minutes ago
And we’re done. Written ruling will come eventually. Court’s adjourned. #12news #jodiarias
 
Cathy Russon‏ @cathyrusson 45m45 minutes ago
#JodiArias - Arias attorney says there was as "lynch mob" mentality happening with the public during trial.


William Pitts‏Verified account @william_pitts 46m46 minutes ago
Here we go...talking about media coverage and publicity. #12news #jodiarias


William Pitts‏Verified account @william_pitts 45m45 minutes ago
Potentially a strong part of #jodiarias case. Justice specifically says “carnival-like atmosphere.” That’s a good description of it. Defense wanted jury sequestered so they wouldn’t be impacted. #12news


Cathy Russon‏ @cathyrusson 44m44 minutes ago
#JodiArias - Arias team bringing up the publicity in the case. The defense had asked for the jury to be sequestered but they were not.


William Pitts‏Verified account @william_pitts 46m46 minutes ago
Justice says Judge Stephens polled the jury multiple times and found no impact. Defense never asked for cameras to be removed. #12news #jodiarias


Cathy Russon‏ @cathyrusson 42m42 minutes ago
#JodiArias - Judge brings up that Arias herself was "courting" the media. She gave two interviews from jail, interview after verdict. Arias attorney, "She wasn't signing autographs on the courthouses steps." (Martinez did)


William Pitts‏Verified account @william_pitts 46m46 minutes ago
And now the most damning thing against #jodiarias case. Whether she courted the media. She did. She gave one on one interviews with all stations from jail. @12news


Cathy Russon‏ @cathyrusson 40m40 minutes ago
#JodiArias - Judge Jones says Arias was out there telling her story as much as Martinez was. Arias' attorney disagrees.

EHGMBhWU0AAZMMW.jpg


William Pitts‏Verified account @william_pitts 46m46 minutes ago
Justice Jones: didn’t the defense complain to the judge that their client was trying her own case in the media? #12news #jodiarias


William Pitts‏Verified account @william_pitts 45m45 minutes ago
Defense claiming #jodiarias gave three interviews. Technically yes, if you don’t count each station as a single interview. #12news


William Pitts‏Verified account @william_pitts 45m45 minutes ago
This is why lawyers tell their clients not to do interviews. It can come back to bite them on appeal. #jodiarias


William Pitts‏Verified account @william_pitts 44m44 minutes ago
Justice Campbell: how do we determine who drove the publicity bandwagon? #12news #jodiarias


William Pitts‏Verified account @william_pitts 43m43 minutes ago
Justice Jones: Isn’t it ludicrous to say we look at the conduct of both and just assume that Martinez did more damage to the case? #12news #jodiarias


Cathy Russon‏ @cathyrusson 38m38 minutes ago
#JodiArias - Arias attorney: This jury was actually escorted back and forth to the courthouse by a SWAT team. https://lawandcrime.com/live-trials/live-trials-current/jodi-arias/watch-live-jodi-arias-seeks-new-trial-after-prosecutor-hit-with-misconduct-allegations/ …


Cathy Russon‏ @cathyrusson 38m38 minutes ago
#JodiArias - Attorney: We don't have this kind of a media circus in every case here in Arizona.
Judge: We want to know what the court could have done and what did it fail to do?


Cathy Russon‏ @cathyrusson 31m31 minutes ago
#JodiArias What steps, if any, might a court take to restrain a prosecutor's conduct inside the courtroom? Judge brings up a prosecutor becoming an actor on a stage.

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I hope the justices' know that she was tweeting as well as the interviews.
 
:) That was fun. :)

IMO....

1. Her attys' argument about publicity depriving killer of a fair trial was roundly savaged. Nurmi must have been screaming at his screen- no, no, no!! Judge S didn't just get it wrong about sequestration! Remember?! Change of venue! We filed multiple motions for it & objections to it being denied.

Wouldn't have mattered if also presented. Judges weren't buying it, and were rather scathing on the point- your client drove a lot of that publicity, she doesn't get to turn around now and complain the publicity she stoked robbed her of a fair trial.

Argument FAIL.

2. "Prosecutorial misconduct "(her team) " ethical violations" (State) by JM, the whole or in part.

In an ( oversimplified) nutshell,
the arguments made (and in briefs) are about which rule book the judges should use when they review the trial record on the issue of JM's conduct.

The State says: yes, JM crossed the line to some degree on some (ok, maybe or maybe not on 30 odd occasions), but even if we conceed he did all 30 odd times, no harm no foul, because the judge corrected for his transgressions (sustained DT objections), and besides, those were ethical violations & her rights weren't prejudiced. You don't throw out a verdict for the type of ethical violations being alleged. You deal with those issues by making bar complaints.

The State's preferred rule book: the Whole Enchilada (structural error).
That sustaining DT objections, etc. couldn't correct for his pervasive misconduct.

Chief thread: how JM attacked the credibility of expert witnesses. He attacked all of them, and with charges that weren't based on fact. He did so on purpose, trial strategy; the effect & prejudice was cumulative, and so pervasive that the judge couldn't correct for it adequately enough to provide the killer a fair trial.
 
Resnick: all 3 judges are "obviously frustrated by JM's misconduct."
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Huh? That assumes judges saw misconduct, assumes judges were frustrated (that's just silly), and assumes the judges' questions about JM's conduct were indicative of how they will review or rule.
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Pitts: " Judges have no love for JM's conduct. The question is whether his conduct impacted the trial. Honestly it could go either way."
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Right. To a point. The judges were challenging the State about what weight they should give, if any, to the DT's argument that JM's conduct was so egregious & pervasive as to, on the face of it, deny killer a fair trial.

That it "go either way" is sheer bunk. Multiple bar complaints have been brought against JM for his aggressive questioning of witnesses. They have all failed. His pit bull style is neither unethical or misconduct. It's his job to impeach DT experts & to question their credibility.

He was able to eviserate Samuels & LaViolette because THEIR conduct left them wide open for JM's assaults on their credibility. And DeMarte provided expert, factual support for JM's line of attack.

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Quoting Campbell question to State: "forget what impact JM's conduct had on the jury. Did he violate his duties? State: yes."

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Campbell's point about putting impact on jury aside was rhetorical. The judges absolutely will not put impact on jury aside when they deliberate.

She was trying to get the State to concede JM did cross the line (however many times). The State wisely agreed that JM did. Their opening brief stated that JM had. This wasn't new or news. It was intellectual honesty (as opposed to her attys stating that no, the killer wasn't interested in publicity).

It was also a point worth conceding, because the State's bottom line argument is: the overwhelming evidence of her guilt is sufficient enough basis to deny her a retrial; JM's conduct was corrected for by the judge; and, overturning her conviction isn't the proper remedy for JM's ethical violations/misconduct.
 
I thought the state attorney was brilliant. Calm, respectful, knowledgeable, honest and quick on responses.

Same, I thought he gave on areas he should and held firm also where he should have.

The 'attaching double jeopardy' by Arias' team was eye-popping, under what legal theory does double jeopardy attach so that even with overwhelming evidence of guilt, the conviction is not only overturned but due to double jeopardy, she is not tried again, and just set free, as if guilt free? The mind boggles.
 
As a FWIW aside. I've spoken to multiple AZ law clerks & COA court clerks over the years since her COA appeal was first filed.

Every single one has said the same things about her trial & appeal.

1. "ENOUGH!!!! Please let us be done with this mess ASAP & for good."

And....

2. There hasn't been anything normal or typical about any phase of her trial or beyond; the abnormalities have caused unusual due diligence along the way; everyone involved along the way knows eyes are upon them.

Personally, I'd like to believe the COA will rule entirely on the merits of her appeal, because if they do, I'm certain her appeal will be denied.

If political considerations play any part in how the COA rules, though, those considerations IMO will work against the killer, not in her favor.

AZ expended too much of everything to hand over a retrial to a killer convicted by overwhelming evidence of guilt & a conscientious jury. If a pound of JM's flesh is to be taken, it will be by the Bar or special counsel, not by an overturning of this verdict.
 
I haven't watched the hearing from today, but I just watched the JA trial for the first time about a month ago. JA is clearly guilty, but IMO, JM is a horrible prosecutor. I truly feel he should be disbarred.
 
OK, now I watched the hearing and wow the judges clearly do not approve of JM's behavior. I feel bad for the attorney who had to argue for the state.

It was super interesting and both attorneys did a great job, but I doubt there will be a new trial. At least I sure hope not:eek:. However, if there is, hopefully there will be a judge who will control the courtroom and attorneys who respect the process.
 

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