Retrial for Sentencing of Jodi Arias - 11/3/14 Hearing

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@TrialDiariesJ: Good Morning! We have #JodiArias hearing at 1:30pm MST TODAY. I'm attending a hearing this morning on a new trial. I'll update soon!
 
@monicalindstrom: The attorneys come back this afternoon to discuss what our fate will be in #Jodiarias regardless, we should get to at least HEAR testimony
 
The reason a lot of us are so upset is by allowing the Defense all these shenanigans, there is no consideration for:

-The Jury's time and service. They are being tossed around like garbage.
-Travis family time and emotions. This has gone on 6 years now and counting. Please end the madness.
-The public's right to witness the trial. All the secret sidebars and this latest secret witness which is plainly illegal.
-Taxpayers money
 
There have been other high-profile trials complete with crummy defense lawyers and crummier defendants. Arias is not the first criminal to be hated and despised. I don't believe that there are any real threats. Even if there are, closing the courtroom doors is not an adequate remedy. It's simply a matter of weeks/months before the names/testimonies are released to the public. Who will protect them then? Nurmi will now suggest that their names be sealed for the next 50 years or that they be provided with round-the-clock bodyguards. Diddums! (Thanks again, Gerard!).

Right. It is plain nonsense shenanigans. Someone on previous thread brought up the Mass trial of the mafia member that was fairly recent (James 'Whitey' Bulger Trial). That was a public trial and there were real threats. A witness was murdered. They still carried on.

This is just BS from the defense and the judge needs to realize this and start disallowing their requests. She has case law to back her and she needs to rely on it.

ETA---Also, as mentioned yesterday, if anyone does get really threatened, then go to the police like the rest of us and get charges brought against them if you need to.
 
Nurmi said in yesterday's COA hearing that JSS decided last year that closing the courtroom like this would be possible under 9.3 and some of the jurisprudence around death penalty issues. He said there was a sealed minute entry of November 14, 2013. Surely at that time, a year ago, the possibility that what is happening now would eventually happen. So they have had a while to figure this out.
 
@monicalindstrom: The attorneys come back this afternoon to discuss what our fate will be in #Jodiarias regardless, we should get to at least HEAR testimony

LOL It would be comical if it wasnt so serious.

We have gone from everyone being able to see the trial on live video feed TO
just media and people in courtroom and them having to tweet out to public by twitter TO
nobody being able to see the trial

WTH....LOL
 
I do hope the secret witness was Arias, it'll be less disprution for the rest of the retrial than if it were a witness like the Bishop (and who knows who else they may have promised star chamber treatment to).

I also hope one of the things they discuss and settle today is when to release the transcript of the secret testimony from last Thursday. They'll probably wait until the full decision from the court of appeals comes down though, nothing in the stay mentions that so they may not feel they 'have to', yet.
 
I was reflecting back on other death penalty cases I have seen over the years and I couldn't come up with one that took over 6 years to be finalized. Maybe 3 or 4 years but never 6 years that I can recall.

That is a travesty within itself and it is one of the main reasons this has cost the taxpayers of Az so much money. I have mentioned it before but I will say it again if the time is added up... including all the secret meetings, closed hearings, sealed sidebars in the 100s, and now secret witnesses... it would account for where the most money has been spent and wasted.

Why they gave this case to JSS as her first death penalty case really stumps me. The courts knew this was an extremely high profile case yet they assign a Judge that has never been a presiding judge over one? Why in the world would they do that? And it didn't take long to realize she was going to do a lot of this in complete secrecy. How could her superiors just sit there and not tell her it was eventually going to backfire? Imo, she is the number one reason why this case has been so long and drawn out.

I bet this case will be a record when it comes to sealed documents and even a record for the amount of in-chamber meetings held and don't even get me started on the 100s of sealed sidebars.

I am very lucky to have a hubby that respects my great interest in the justice system and while he doesn't have as great of an interest as I do he does ask me every afternoon about the particular case I am interested in at the moment.:) And we have long discussions about the case or discussions about the justice system in general.

Yesterday he had already heard that the appellate court had sent a strong message to JSS to find away to open her courtroom up to those who have a right to be there. He was elated. Imo, what he said is true when he said>>>> 'Anytime anything is shrouded in such secrecy and behind closed doors it gives the appearance that shady things are going on and causes great distrust.

I really wish the media had gone to the Appellate Court much earlier in the trial when every sidebar and hearing was being sealed tighter than a tomb time after time. It didn't just start happening with the secretive witnesses ............it has happened throughout this case and even defense attorneys don't understand why.

Imo, because JSS is a novice when presiding over a DP case KN took full advantage of that and has convinced JSS that everything must be done in the dark and clouded in secrecy. And once his reasons came to light yesterday it showed just how illogical those rulings are. So it makes me think the logic she has applied throughout this case has been flawed and tainted by the DT.

IMO
 
I was reflecting back on other death penalty cases I have seen over the years and I couldn't come up with one that took over 6 years to be finalized. Maybe 3 or 4 years but never 6 years that I can recall.

That is a travesty within itself and it is one of the main reasons this has cost the taxpayers of Az so much money. I have mentioned it before but I will say it again if the time is added up... including all the secret meetings, closed hearings, sealed sidebars in the 100s, and now secret witnesses... it would account for where the most money has been spent and wasted.

Why they gave this case to JSS as her first death penalty case really stumps me. The courts knew this was an extremely high profile case yet they assign a Judge that has never been a presiding judge over one? Why in the world would they do that? And it didn't take long to realize she was going to do a lot of this in complete secrecy. How could her superiors just sit there and not tell her it was eventually going to backfire? Imo, she is the number one reason why this case has been so long and drawn out.

I bet this case will be a record when it comes to sealed documents and even a record for the amount of in-chamber meetings held and don't even get me started on the 100s of sealed sidebars.

I am very lucky to have a hubby that respects my great interest in the justice system and while he doesn't have as great of an interest as I do he does ask me every afternoon about the particular case I am interested in at the moment.:) And we have long discussions about the case or discussions about the justice system in general.

Yesterday he had already heard that the appellate court had sent a strong message to JSS to find away to open her courtroom up to those who have a right to be there. He was elated. Imo, what he said is true when he said>>>> 'Anytime anything is shrouded in such secrecy and behind closed doors it gives the appearance that shady things are going on and causes great distrust.

I really wish the media had gone to the Appellate Court much earlier in the trial when every sidebar and hearing was being sealed tighter than a tomb time after time. It didn't just start happening with the secretive witnesses ............it has happened throughout this case and even defense attorneys don't understand why.

Imo, because JSS is a novice when presiding over a DP case KN took full advantage of that and has convinced JSS that everything must be done in the dark and clouded in secrecy. And once his reasons came to light yesterday it showed just how illogical those rulings are. So it makes me think the logic she has applied throughout this case has been flawed and tainted by the DT.

IMO

Great Post.

Just for curiosity sakes, I too would love to invest time and re-watch the entire 1st trial and have a stop-watch to track how much time was spent in front of the jury as compared to time spent in sidebars and in judge chambers or outside presence of jury.

I am willing to bet the % is incredible how much time spent away from jury.

Remember how it got to the point where Wilmcott + Nurmi would practically not even ask for sidebar. They would just approach the judge and expect sidebar. LOL
 
I'm just reposting this information from last year. These cases are very different from the Arias case I know.

1. A Mesa woman was sentenced to three years probation after reaching a plea agreement in the stabbing of her husband over a Cosmopolitan magazine quiz. Judge Sherry Stephens sentenced Noelle Clough to probation with domestic violence terms and 90 days deferred jail on Thursday."


http://blogs.phoenixnewtimes.com/val...im_she_did.php

http://www.azfamily.com/video/raw/Ra...186357122.html


2. " Judge Stephens gave Linsk (A man who ran over/killed a neurosurgeon and drove away) 90 days in jail.

“While I believe you may not have known that you hit a human being, when you stopped your vehicle I believe any reasonable human being would have believed there was a good chance that they hit something and would have returned to the scene,” she said.

One week later, Stephens cut Linsk’s sentence in half, time he is now spending in the infirmary on his doctor’s recommendation."

ETA: "Linsk originally tried to convince investigating officers his truck had been stolen when the crash happened."

http://www.kpho.com/story/19966024/mesa-man-sentenced-for-running-down-neurosurgeon#ixzz3I75JurBJ


You can read the entire article here:

http://archive.azcentral.com/insider...rime-or-is-it/
 
I was reflecting back on other death penalty cases I have seen over the years and I couldn't come up with one that took over 6 years to be finalized. Maybe 3 or 4 years but never 6 years that I can recall.

That is a travesty within itself and it is one of the main reasons this has cost the taxpayers of Az so much money. I have mentioned it before but I will say it again if the time is added up... including all the secret meetings, closed hearings, sealed sidebars in the 100s, and now secret witnesses... it would account for where the most money has been spent and wasted.

Why they gave this case to JSS as her first death penalty case really stumps me. The courts knew this was an extremely high profile case yet they assign a Judge that has never been a presiding judge over one? Why in the world would they do that? And it didn't take long to realize she was going to do a lot of this in complete secrecy. How could her superiors just sit there and not tell her it was eventually going to backfire? Imo, she is the number one reason why this case has been so long and drawn out.

I bet this case will be a record when it comes to sealed documents and even a record for the amount of in-chamber meetings held and don't even get me started on the 100s of sealed sidebars.

I am very lucky to have a hubby that respects my great interest in the justice system and while he doesn't have as great of an interest as I do he does ask me every afternoon about the particular case I am interested in at the moment.:) And we have long discussions about the case or discussions about the justice system in general.

Yesterday he had already heard that the appellate court had sent a strong message to JSS to find away to open her courtroom up to those who have a right to be there. He was elated. Imo, what he said is true when he said>>>> 'Anytime anything is shrouded in such secrecy and behind closed doors it gives the appearance that shady things are going on and causes great distrust.

I really wish the media had gone to the Appellate Court much earlier in the trial when every sidebar and hearing was being sealed tighter than a tomb time after time. It didn't just start happening with the secretive witnesses ............it has happened throughout this case and even defense attorneys don't understand why.

Imo, because JSS is a novice when presiding over a DP case KN took full advantage of that and has convinced JSS that everything must be done in the dark and clouded in secrecy. And once his reasons came to light yesterday it showed just how illogical those rulings are. So it makes me think the logic she has applied throughout this case has been flawed and tainted by the DT.

IMO

Something up in AZ. The Bryan Wayne Hulsey death penalty trial, which took precedence over this one, and prosecuted by Juan, took seven years to make it to trial. Seven years! Why? I've wondered if it has to do with a defense attorney training method that is not applied in other states. Or if the judges are just far more lenient in AZ, in general. Far as I've seen , EVERYTHING in this state takes twice as long to get done and the court hours are twice as short, maybe even less. Something is just...different.
 
I'm just reposting this information from last year. These cases are very different from the Arias case I know.

1. A Mesa woman was sentenced to three years probation after reaching a plea agreement in the stabbing of her husband over a Cosmopolitan magazine quiz. Judge Sherry Stephens sentenced Noelle Clough to probation with domestic violence terms and 90 days deferred jail on Thursday."


http://blogs.phoenixnewtimes.com/val...im_she_did.php

http://www.azfamily.com/video/raw/Ra...186357122.html


2. " Judge Stephens gave Linsk (A man who ran over/killed a neurosurgeon and drove away) 90 days in jail.

“While I believe you may not have known that you hit a human being, when you stopped your vehicle I believe any reasonable human being would have believed there was a good chance that they hit something and would have returned to the scene,” she said.

One week later, Stephens cut Linsk’s sentence in half, time he is now spending in the infirmary on his doctor’s recommendation."

You can read the entire article here:

http://archive.azcentral.com/insider...rime-or-is-it/

One day, before court was set to start, judge Stephens was in the middle of sentencing a man to life in prison without parole. I don't think we can judge Stephens' ability to sentence people or her entire record based on two isolated cases. When the time comes, and it's all in her hands, I have every confidence she will give Jodi LWOP. LWP seems one of those special things that rarely happens, not that I've seen, anyway. A judge is just not gonna give a violent murderer like Jodi the possibility of release. It's just not going to happen.

ETA: also another man she sentenced to LWOP:

http://blogs.phoenixnewtimes.com/valleyfever/2012/06/dominic_chagolla_will_spend_hi.php
 
Bringing over YESorNO's List of Tweeters:

Originally Posted by YESorNO (As far as I know) Tweeting Live #jodiarias



Jen's Trial Diaries ‏@TrialDiariesJ

Troy Hayden ‏@troyhaydenfox10

Jeffrey Evan Gold ‏@jeffgoldesq

Monica Lindstrom ‏@monicalindstrom

Dave Erickson ‏@ericksonvision

Michael Kiefer @michaelbkiefer

Wild About Trial ‏@WildAboutTrial

Katie Conner ‏@KatieJConner

KTAR News on 92.3 ‏@KTAR923

AZ Family ‏@azfamily


ETA:

Court: Monday - Thursday

Days off:

Wednesday - October 29th

Monday - November 10th

Tuesday- November 11th

Thursday and Friday - November 26th and 27th (Thanksgiving)

NO Court on Friday.




Please add any additional tweeters ! TIA !
 
But it does though. The stay is for the order for the media and public to clear the courtroom so that secret testimony can be conducted. The stay puts a hold on that order, meaning secret testimony ceases and they are let back in for witnesses that do not intend to testify in secret. It's why the media was immediately let back in yesterday.

The motion also basically advises the judge to impose lesser restrictions, such as what she was considering on Thursday before kicking everyone out. She was going to have the media go to the overflow room. They're suggesting she does this and, presumably, there will be no more need for the media's appeal to be heard, unless they feel that isn't good enough, which it should be.

They are telling her: just no more secret testimony.

Can't the "lessor" restrictions simply be....NO STREAMING video??
 
I was reflecting back on other death penalty cases I have seen over the years and I couldn't come up with one that took over 6 years to be finalized. Maybe 3 or 4 years but never 6 years that I can recall.

That is a travesty within itself and it is one of the main reasons this has cost the taxpayers of Az so much money. I have mentioned it before but I will say it again if the time is added up... including all the secret meetings, closed hearings, sealed sidebars in the 100s, and now secret witnesses... it would account for where the most money has been spent and wasted.

Why they gave this case to JSS as her first death penalty case really stumps me. The courts knew this was an extremely high profile case yet they assign a Judge that has never been a presiding judge over one? Why in the world would they do that? And it didn't take long to realize she was going to do a lot of this in complete secrecy. How could her superiors just sit there and not tell her it was eventually going to backfire? Imo, she is the number one reason why this case has been so long and drawn out.

I bet this case will be a record when it comes to sealed documents and even a record for the amount of in-chamber meetings held and don't even get me started on the 100s of sealed sidebars.

I am very lucky to have a hubby that respects my great interest in the justice system and while he doesn't have as great of an interest as I do he does ask me every afternoon about the particular case I am interested in at the moment.:) And we have long discussions about the case or discussions about the justice system in general.

Yesterday he had already heard that the appellate court had sent a strong message to JSS to find away to open her courtroom up to those who have a right to be there. He was elated. Imo, what he said is true when he said>>>> 'Anytime anything is shrouded in such secrecy and behind closed doors it gives the appearance that shady things are going on and causes great distrust.

I really wish the media had gone to the Appellate Court much earlier in the trial when every sidebar and hearing was being sealed tighter than a tomb time after time. It didn't just start happening with the secretive witnesses ............it has happened throughout this case and even defense attorneys don't understand why.

Imo, because JSS is a novice when presiding over a DP case KN took full advantage of that and has convinced JSS that everything must be done in the dark and clouded in secrecy. And once his reasons came to light yesterday it showed just how illogical those rulings are. So it makes me think the logic she has applied throughout this case has been flawed and tainted by the DT.

IMO

RBBM Yes, really good points.
:goodpost:
 
Can't the "lessor" restrictions simply be....NO STREAMING video??

Well, that's already happening. The judges said it's something she considered on Oct. 30. This is presumed to be sending the media to the overflow room, which she was set to do.
 
The reason a lot of us are so upset is by allowing the Defense all these shenanigans, there is no consideration for:

-The Jury's time and service. They are being tossed around like garbage.
-Travis family time and emotions. This has gone on 6 years now and counting. Please end the madness.
-The public's right to witness the trial. All the secret sidebars and this latest secret witness which is plainly illegal.
-Taxpayers money
And all that's after a trial convicting a killer in which her victim was demonized by those same defense attorneys and the convict herself.

They're the gift that keeps on giving when it comes to incredulous, immense anger. ;)
 
Something up in AZ. The Bryan Wayne Hulsey death penalty trial, which took precedence over this one, and prosecuted by Juan, took seven years to make it to trial. Seven years! Why? I've wondered if it has to do with a defense attorney training method that is not applied in other states. Or if the judges are just far more lenient in AZ, in general. Far as I've seen , EVERYTHING in this state takes twice as long to get done and the court hours are twice as short, maybe even less. Something is just...different.

I agree something is unique. If I had to guess....
Based on
-what we have seen in this case
-based on the DP statistics in that state of who they actually put to death
-based on no Friday court sessions and shortened days

My guess is there is a general "lackadasial attitude" and not enough public outcry to tighten up the court procedures and processes.

Take the DP for example. If they truly are not going to execute anyone, then just get rid of the DP altogether in that state. This goes for other states as well. Lets be honest with ourselves. If it takes 20 years for someone to be put to death, just get rid of the DP altogether. Most states seem to have about a 10 year period, but AZ is just not serious about it at all.

All states should be like Texas with it OR just get rid of it to save taxpayers money. Lets not pretend we have the DP when nobody really gets executed.
 
casey anthony still alive and well just saying
 
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