VERDICT WATCH - Sentencing of Jodi Arias - Retrial Day 44

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Hello all.

I'm still in a state of shock. I was so confident that we would have a verdict of death. Three out of four of the penalty phase retrial juries (Arizona) came back with death sentences. I thought we had a good chance. I've heard about gory murders and criminals dismembering bodies post-murders but I've rarely seen such a heinous and cruel murder---Travis was ALIVE when she stuck the knife into him, ALIVE when she chased after him with a knife and ALIVE when his throat was cut from ear to ear. So, you see, I thought we had a good chance. I don't even blame the Judge for the hung jury. Yes, the Judge made a dozen errors but the jurors have seen the autopsy photos. There is no piece of evidence more horrific than the autopsy photos. I do not know how death-qualified jurors can look at those photos and decide on life. There are no valid mitigating factors in this trial. Calling a grown woman a 'girl', making up absurd stories about abuse and pedophilia, and harping on BPD as though Arias does not know right from wrong are valid reasons to vote for life? There is such a thing as common sense and rational thinking. The jurors do not a free pass from me simply because they have made sacrifices and worked hard. We all do that in various ways. It’s a given that we have to make sacrifices for our country. I criticized the KC jurors and I will do the same here (politely and respectfully of course) if they do not come back with a unanimous verdict. I agree that a majority vote should be sufficient for death sentences. Having 12 jurors agree on death when the defendant is a young woman seems to be more difficult than sending a man to the Moon.

I go back and forth on this Judge but I think she will do the right thing and sentence Arias to LWOP. My big concern is the family especially Steven and Samantha. I’d do anything to help them but I know that what they probably want now is peace and quiet. Caylee and Travis both suffered horrendously during that dark, dark month of June, 2008. I have a special place in my heart for both of them. Call me emotional but I'll never get over these two tragedies.
 
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Big breakfast for a big day
 
This has to be the day. I did not sleep one bit last night. I can't remember the last time that happened. It's a good thing that I'm off work because no way would I be able to function. I guess the jury won't be back till 9:30 (11:30 ET), right? Maybe I'll get lucky and relax enough to sleep. Doubt it though.
 
Oh oh. I must have missed it. Is the jury officially hung?
 
Are we really surprised the jury might be heading towards a hung jury? You can't get 12 people in a room to agree with anything. Even where to go for lunch. Juries should be set up where a majority of jurors rule or DP case rulings should be decided by judges.
 
Oh oh. I must have missed it. Is the jury officially hung?

No. Yesterday at around lunch time they reported to the judge that they were having trouble reaching consensus. The word "impasse" was used by Twitter reporters, but I'm not sure whether that came from the courtroom or from Twitterers echoing each other.

JSS told the jury to go back to deliberations and work harder. She modified the juror instructions somehow to help them, but I'm not sure how exactly—that part was decided at sidebar.

As of the end of the day yesterday, they have not returned their verdict yet. They are also not deadlocked yet.
 
Good Morn all! I slept in!!!! It's a miracle. Coffee hasn't kicked in yet so I am still not renewed and refreshed, but give me 20 minutes and I'll get there!

Here are the links I use, just for additional references.

Streaming: https://www.youtube.com/channel/UCJg9wBPyKMNA5sRDnvzmkdg
Twitter (consolidated): https://twitter.com/hardtruth4real/lists/jodi-arias-trial-live

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Hello all.

I'm still in a state of shock. I was so confident that we would have a verdict of death. Three out of four of the penalty phase retrial juries (Arizona) came back with death sentences. I thought we had a good chance. I've heard about gory murders and criminals dismembering bodies post-murders but I've rarely seen such a heinous and cruel murder---Travis was ALIVE when she stuck the knife into him, ALIVE when she chased after him with a knife and ALIVE when his throat was cut from ear to ear. So, you see, I thought we had a good chance. I don't even blame the Judge for the hung jury. Yes, the Judge made a dozen errors but the jurors have seen the autopsy photos. There is no piece of evidence more horrific than the autopsy photos. I do not know how death-qualified jurors can look at those photos and decide on life. There are no valid mitigating factors in this trial. Calling a grown woman a 'girl', making up absurd stories about abuse and pedophilia, and harping on BPD as though Arias does not know right from wrong are valid reasons to vote for life? There is such a thing as common sense and rational thinking. The jurors do not a free pass from me simply because they have made sacrifices and worked hard. We all do that in various ways. It’s a given that we have to make sacrifices for our country. I criticized the KC jurors and I will do the same here (politely and respectfully of course) if they do not come back with a unanimous verdict. I agree that a majority vote should be sufficient for death sentences. Having 12 jurors agree on death when the defendant is a young woman seems to be more difficult than sending a man to the Moon.

I go back and forth on this Judge but I think she will do the right thing and sentence Arias to LWOP. My big concern is the family especially Steven and Samantha. I’d do anything to help them but I know that what they probably want now is peace and quiet. Caylee and Travis both suffered horrendously during that dark, dark month of June, 2008. I have a special place in my heart for both of them. Call me emotional but I'll never get over these two tragedies.

It's not over yet! Maybe later today.
 
Oh oh. I must have missed it. Is the jury officially hung?

They are at "an impass", and the judge told them to go back and try again. I think they will finally come back today with a sentence of LWOP, to avoid the possibility of the judge sentencing CMJA to life with the possibility of parole (but I don't believe the judge is likely to do that). IMHO, this is what happens today
 
I'm not surprised at all that this jury (or any jury) might hang when it comes to the DP. It's disappointing but not surprising. I thought going in this would be the likely outcome.
 
How has JSS sentenced previously? LWOP or LWP? Anyone know?
 
Good morning all, I think we're almost to the finish line, for better or worse. I hope they can come to a unanimous decision one way or the other, I'd much prefer that over defaulting to the judge.
 
Pain perdu? You're making me hungry.
 
How has JSS sentenced previously? LWOP or LWP? Anyone know?

everything i have heard about her sentencing history indicates very tough...for me it would be unconscionable to give any possibility of getting out given what this judge knows about the crime and this criminal. She also has had a ring side seat to how this defendant has "played" the court and that cannot be ignored. I am fairly confident she will do the right thing but she will make us (and more importantly the family) wait for the sentence.
 
In the last thread someone commented about Martinez's response to Nurmi's "will you kill this girl?" -- what was his response?
 
Standard Criminal 42 − Impasse Instruction

This is offered to help you, not to force you to reach a verdict.

As jurors, you have a duty to discuss the case with one another and to deliberate in an effort to reach a just verdict. Each of you must decide the case for yourself, but only after you consider the evidence impartially with your fellow jurors. During your deliberations, you should not hesitate to re-examine your own views and change your opinion if you become convinced that it is wrong. However, you should not change your belief concerning the weight or effect of the evidence solely because of the opinions of your fellow jurors, or for the mere purpose of returning a verdict.

You may wish to identify areas of agreement and disagreement and then discuss the law and the evidence as they relate to the areas of disagreement.
If you still disagree, you may wish to tell the attorneys and me which issues, questions, law or facts you would like us to assist you with. If you decide to follow these steps, please write down the issues where further assistance might help bring about a verdict and give the note to the bailiff. The attorneys and I will then discuss your note and try to help you.

I do not wish or intend to force a verdict. We are merely trying to be responsive to your apparent need for help. If it is possible that you could reach a verdict as a result of this procedure, you should consider doing so.

Please take a few minutes and discuss this instruction among yourselves. Then advise me in writing of whether we can attempt to assist you in the manner indicated above or whether you do not believe that such assistance and additional deliberation would assist you in reaching a verdict.

SOURCE: Comment to Rule 22.4, Arizona Rules of Criminal Procedure, as amended; Comment to Rule 39(h), Arizona Rules of Civil Procedure, as amended; Capital Case Instruction 2.4, RAJI Criminal 3d.

COMMENT: Before giving an impasse instruction, the trial judge must determine whether the jury is at an impasse because “prematurely giving an impasse instruction may * * * be a form of coercion.” State v. Fernandez, 216 Ariz. 545, 550, ¶ 13, 169 Ariz. 641, 646 (App. 2007); State v. Huerstel, 206 Ariz. 93, 99, ¶ 17, 101, ¶ 25, 75 P.3d 698, 704, 706 (2003).

http://www.azbar.org/media/58832/2-standard_criminal_revised_2013.pdf
 
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