I am filled with rage now knowing all this. I sure hope Nurmi, Wimott and CMJA know the truth. She almost got the DP. Good thing I don't live in AZ. I think I would start a petition to get this judge removed from the bench.
Troy talked to the lone juror???
I just speed-read this thread so I'm sure I missed some things. My thoughts:
1. Regarding juror #17 "not deliberating": I know jurors are saying #17 "wouldn't deliberate," but then they describe what she said during deliberations--that she wanted to focus on the journals, that she thought the DP would be revenge, etc. If JSS was told this juror was "not deliberating" and then questioned #17 and/or the other jurors and got this information, she COULD NOT legally have removed her from the jury. Steadfastly refusing to change your mind from day 1 is not the same as refusing to deliberate and is specifically permitted by the jury instructions.
2. Regarding juror #17 having prior knowledge of the case: Prior knowledge of the case is fine as long as you answer truthfully about it in voir dire. I don't know if this juror did answer truthfully, although I'm 100% sure I saw a tweet about a juror who had seen the Lifetime movie. It would have been improper, of course, for juror #17 to have brought up extraneous information in deliberations. Do we know whether the jurors actually mentioned this to the judge? I didn't see anything about them telling JSS about the Lifetime movie, etc. If they had told JSS, the appropriate way for JSS to handle this (assuming the juror had not lied in voir dire) would have been for her to instruct the jury not to consider any information other than that presented in the trial. She COULD NOT legally have removed the juror for mentioning these things in deliberation unless the juror insisted, after instruction, on considering the previously heard information.
3. Regarding juror #17's feelings on the death penalty: Again, I don't know what she said in voir dire. But it sounds like what she said in deliberations was that she "absolutely" believed in the death penalty but couldn't say under what circumstances it should be applied. This information WOULD NOT disqualify her from a death case and it would have been improper for JSS to disqualify her for not being able to specify under what circumstances she would vote for death. As to her statement that the DP was just "revenge"--in light of the other statement that she "absolutely" believed in the DP, I wonder if she said that IN THIS CASE she believes the DP would be revenge. If so, JSS COULD NOT legally have removed her as being disqualified to impose death.
She probably just sat there and doodled in her notebook, like the killer did during testimony by State witnesses. :facepalm:Refused to listen....
Troy talked to the lone juror???
LWOP. Anything else would be silly as we have no parole system any more anyway.
Yes. She may have spoken to them--we don't know. She could remove a juror for not deliberating, but there have been SO many cases in which a single holdout juror was removed for "not deliberating" and then the verdict is overturned on appeal. It is very very very difficult to make the case that the juror is "not deliberating" vs. "stubbornly refusing to change her mind." Even saying, "Look. I've made up my mind and I'm not changing it, so don't bother trying" is not a "refusal to deliberate," although that's very likely how the other jurors would describe it. This is especially true in the penalty phase of a DP case, when the jury instructions expressly encourage jurors to make individual moral decisions based on whatever they think are grounds for leniency and not to be pressured by others into giving up their convictions.
I don't have to defend my thoughts to you. JSS has waffled, closed courtroom number of times, Held secret in chambers meetings, allowed secret testimony and ignored jurors who let her know that one would not deliberate.
Someone up thread asked what is the penalty for a juror who made decisions based on a lifetime movie. I want to know what is the penalty for the lying defense attorneys who trashed a good man to win at all costs and the judge who caved for the murderer. Seems to me there is blame to go around.
And what is LWOP really? Jodi has already approached max row prisoners and made friends and has lots of money in her account. She will be BFF with lots of them and can sing them to sleep. What exactly is her punishment if she gets LWOP? Are we to be upset because oohhh, she sleeps on a three inch thick plastic mattress with no air conditioning? Are we supposed to be good with that? JSS will likely make sure her sentencing hearing is closed to the public. That's the way she works. I have no apologies to make.
Oh crap. I just figured it out. The judge watched the Lifetime movie too!
LWOP. Anything else would be silly as we have no parole system any more anyway.
Yes. She may have spoken to them--we don't know. She could remove a juror for not deliberating, but there have been SO many cases in which a single holdout juror was removed for "not deliberating" and then the verdict is overturned on appeal. It is very very very difficult to make the case that the juror is "not deliberating" vs. "stubbornly refusing to change her mind." Even saying, "Look. I've made up my mind and I'm not changing it, so don't bother trying" is not a "refusal to deliberate," although that's very likely how the other jurors would describe it. This is especially true in the penalty phase of a DP case, when the jury instructions expressly encourage jurors to make individual moral decisions based on whatever they think are grounds for leniency and not to be pressured by others into giving up their convictions.
Daisy
Do you think Jodi is phased one bit that 11 people are haters?
Sounds to me like the hold out totally identified with the killer , maybe from the Lifetime movie? Either way, she was totally biased and not death qualified and should not have been there.
That said, as sad as I am for the Alexander's, I think JSS will give killer LWOP, especially after hearing these jurors. How could she not?
Daisy
Do you think Jodi is phased one bit that 11 people are haters?
How do you think the judge will rule?
AZL or Boytownmom or any legal brain
Since the one question came to the judge last night, that they were hung...did prosecution and defense know this last night - so that Jodi and the Alexander family were aware of this last night?
Does anyone know?
No, what has me really shaken today, beyond the verdict and the split, is finding out that the stealth juror watched the Lifetime movie and nothing was done about that. I still believe she will ream Jodi out and give her LWOP. I have no reason to doubt that.