Retrial for Sentencing of Jodi Arias - Day 31

[oceanblueeyes]

Maybe AZ should send her to Texas death row. Texas has executed 3 females in the past 18 months. Just got a news alert that a male was executed tonight.
If a state has a death penalty it should be used

Good for Texas! It seems they aren't suffering from gender bias. If a state is going to have the death penalty then they need to use it! Georgia just executed a man last week and another one is to be executed in a couple of weeks.

I wish she had lived in Texas or even Florida. In Florida is doesn't have to be unanimous vote and the majority rules

So if she had done this murder in Florida she would already be on death row with the 8/4 vote.

It sure saves a heck of a lot of money because most of the time its hung with 11 wanting death and one lone holdout wanting LWOP. Because of one person the case has to be tried all over again.

 

[Hez]

I mean she had the aspirin "to thin her blood." That would have been a lot less painful than the razor. The suicide attempt is drama. She doesn't want to die, she wants others to think she wants to die.

She said she used Advil, which doesn't thin the blood to the extent aspirin does. If anything, the Advil would have just dulled the pain of her razor nick. :shame:

 

[potboiler]

Only because she fixated on someone else. From Matt>>Darryl>>Abe>>TRAVIS>>Ryan>>Guy on plane>>Arrested. The only thing that stopped her was jail.

Need to put Bobby J in there first. Remember too, Matt M was Bobbys' roommate. Talk about not letting go.

 

[ziggy]

Here's a redline of the most recent revisions:

http://www.azbar.org/media/58847/3-capital_case_instructions_revised_2013.pdf

Instructions for this phase begin on p. 30. The jury does not get to see all the little "notes" and case citations, though, and anything that is clearly irrelevant based on the evidence presented will be removed.

Perfect! The jury instructions are the go to docs!! I was reading through these when you posted the link. Very lengthy, and weighty - very similar to what we were given when I was a juror in a criminal trial in CA last summer ( all kinds of confusing gang enhancements etc.).

I will say the instructions had many jurors quite confused. I made sure we sent notes to the judge for clarification, if after re- reading them in deliberation, there were lingering questions. I am still certain some remained uncertain.

Another female juror and I were the hold outs that hung the jury
; 10 NG, 2 guilty. After the initial vote, the two of us thought we must have seen a completely different trial!

It's not easy to be a juror. I didn't like it at all. Mostly because I didn't feel other jurors took adequate or copious notes, and didn't understand they are the trier of fact, not emotion. They didn't get that they were supposed to keep a keen eye and ear and could judge a witness's credibility on the manner in which they testified, not only on what they said. They also habitually brought up things the attorneys said during questioning, which I had to remind them, was not to be considered. But to each his own. And that is why it's such a crap shoot.

Here is an interesting read about that subject: Jury Instructions: What Jurors Understand

http://www.capitalpunishmentincontext.org/issues/juryinstruct

 

[Truth Detector]

I read the Tweets of Dr. DeMarte's testimony today.

I missed the part where she said, "Poor Jodi. She never had a choice, never had a chance. She couldn't help herself. She murdered against her own will, her better nature."

If JA hadn't decided, of her own volition to kill Travis, painstakingly planning it out for weeks in advance, and then executing his torture murder, carefully covering up and lying about it, she wouldn't be in this unholy mess solely of her own making.

And Gary, Greg, Tanisha, Samantha, Hillary, Steven, and Allie could look forward to birthdays and holidays with their brother.

:maddening:

 

[Peepers McPeep]

Truthiness in the courtroom,
has been like a warm blanket,
fresh from the dryer,
draped over our shoulders.
ahhhhhhh... so nice.

I love that so many skeletons are rattling, falling over themselves, telling us what they know.
This is Justice, peeling back the façade, exposing the fizzing rot of a selfish soul.
Thank you, a thousand times, to everyone involved in bringing down a vicious revenge killer.

The guilty Killer sits exposed. With more to come.
Tearing down the wall one brick at a time.
Alone, in her cell; is her mind shrieking?
Endlessly?
The thought feels like another warm blanket.
Ahhhhh!


The more you covet your own beauty,
the more painful it's decay.
Goddess Handbook~ chapter two

< waves >

 

[Ransom]

Climbing over that fence (hi Nali!)

It would be negligent of the jurors not to weigh her BPD as mitigating. They are obligated to consider each and every onevof the mitigators on the list, and they're allowed to create their own for her, based on what they've been presented.

The job is to weigh the especially cruel against mitigators. Not to ignore or dismiss either.

Ummmm. AZL needs to weigh in here.

When I was a juror (New Mexico and yes that is one of our 50 .. lol), we were told in the Jury Instructions, that we could ignore/dismiss any testimony we thought was not factual ... from either side. We (the jury) could weigh more or less on the testimony of each witness to come to a conclusion. I cannot tell you how much "testimony" we dismissed/ignored from several witnesses... they LIED per the testimony that we believed ... all 12 of us! So be it.

So ... I disagree with your premise. JMO

 

[ziggy]

Only if you send that <modsnip> Westerfield with him

TexMex I think I remember you from the Danielle Van Dam murder trial discussions. That was the first trial I attended.

 

[RickshawFan]

I believe one of JA's explicit mitigating factors is that she committed the murder when she was young. Now that we've heard the sheer volume of CARP she generated, does anyone else think this makes her seem much older? I understand she had approximately 12 years of experience in stalking behaviors, but, can you imagine what that must look like given she only stalked TA for 1/8 of that!

 

[Hope4More]

I'm fairly certain JM made sure that Dr. D state that BPD does not mean a lack of self-control, or had her distinguish between personality disorders and, say, genuine psychosis.

One of the downsides of relying on tweets.

BK notes are much more detailed than tweets. It doesn't appear JM asked her to clarify either point.

 

[potboiler]

What it's doing for me is putting it all into context and explaining that Jodi saw things in this relationship that weren't there and explains her behaviors better. Her experts explained it one way, that she was used and mistreated, and we are getting the true, real side. It also outlines that Travis wasn't abusive to her explains why she would now lie and say he was: devalue. You need to see him as the scum that I saw him as to murder him, even if it isn't true. It'll never be ok to me that she made up that pedophilia lie.

bolded by me


She has inflicted psychological torture on his family and friends for the last 8 years.:gaah:

 

[RickshawFan]

Well of course I'm confused, so Borderline Personality is a mental illness, (I think) so I always believed the mentally Ill could not be put to death, or even be put on trial for whatever it is they have done. Could someone explain this to me. I think I understood Dr. DeMarte said the murderer has Borderline Personality, I could be mistaken

Most people who are mentally ill know right from wrong. Most people who are mentally ill don't execute someone after premeditating the crime. Most people who are mentally ill would feel extremely remorseful if in an ill moment they killed someone. BPD-ers as a demographic, as I understand it, have a low incidence of murder, a high incidence of self-harm.

 

[khaki]

just read this perspective of a poster from the Juan Martinez Support page (please delete if not allowed)

https://www.facebook.com/JuanMartinezProsecutorSupportPage/posts/348349482025301



<modsnip>

my bad, so sorry LambChop.

 

[Ransom]

Here's a redline of the most recent revisions:

http://www.azbar.org/media/58847/3-capital_case_instructions_revised_2013.pdf

Instructions for this phase begin on p. 30. The jury does not get to see all the little "notes" and case citations, though, and anything that is clearly irrelevant based on the evidence presented will be removed.

Thank you so much for this. :heartbeat:

 

[Ransom]

Only if you send that <modsnip> Westerfield with him

Amen.

 

[TexMex]

TexMex I think I remember you from the Danielle Van Dam murder trial discussions. That was the first trial I attended.

The old court TV boards? And here I think? Westerfield needs to be taken off the planet asap.
The only thing almost as horrific as what that man did to that little girl was what his lawyer did to her family. Westerfield was literally in a room ready to sign a plea document. He'd tell where he dumped a little girl like she was garbage in exchange for a life sentence. Someone came in and alerted the DA that the body had just been discovered by hikers. His lawyer....knowing his client killed a girl and was only going to lead police to her body so her family could bury her if the State wouldn't seek the DP...this lawyer got into court and accused the parents of being "swingers" who smoked pot sometimes. Then he called a bug expert to discuss how his client couldn't have done it cause a certain kind of fly or bug that was eating away at the little girls corpse took x amount of days to hatch and Westerfield had an alibi. He knew that monster raped and murdered a six year old and then he put her family through even more hell. Unbelievable

 

[Spycraft]

I feel instantly nauseous thinking about Nurmi cross examining Dr. DeMarte tomorrow. I t w i l l b e s o s l o w s o o o s l o w !!!
Here is how I can imagine it might begin. And I would guess this much would take several hours, Nurmi style:


NURMI: Let me get this straight. So you&#8217;ve had this license of yours since WAY back in 2010, so a whole 4 years. Four years. (condescending tone) You know other professionals who have testified here in this proceeding have been licensed for more than 30 years. I think it&#8217;s fair to say they have CONSIDERABLY more experience than you, more than your FOUR years, RIGHT??

JD: I am aware of that.

NURMI: But regardless of these FOUR LONG YEARS of experience, you really want us to believe you have the experience to make this evaluation, IN A DEATH PENALTY TRIAL!! (Waving her CV around. Condescending laugh and righteous toss of her written CV onto the podium)

JD: I d&#8230;.

NURMI: There are NO questions before you!

NURMI: So&#8230;&#8230;&#8230; you have your 4 years of experience. Really just barely getting started in your little job then, huh! (Condescending chuckle, chuckle) Okay, so let&#8217;s say your FOUR years LEGALLY qualifies you to come into THIS COURT and make these startling generalizations about Jodi Arias. Can you honestly say that&#8230;&#8230;..but first let&#8217;s back up here, you ARE being honest, aren&#8217;t you?

JD: I am, yes.

NURMI: Okay, so you say. And you&#8217;re saying you are going to CONTINUE this "honesty" of yours when it&#8217;s not Mr. Martinez feeding your answers&#8230;&#8230;&#8230;..excuse me, I mean ASKING you questions.

JD: Yes, I am honest and always will be.

NURMI: (Chuckle, Chuckle) But you DO know it is illegal to lie while under oath, don&#8217;t you? I mean that IS something you learned during your FOUR years of experience, or isn&#8217;t it?

JD: Absolutely. I am&#8230;&#8230;&#8230;.

NURMI: That&#8217;s all I asked you DOCTOR. Just a simple YES, or NO. Nothing else! Do you think you can do that?!

JD: Yes, of course I&#8230;&#8230;&#8230;

NURMI: Again, DOCTOR. Listen carefully to my question and answer ONLY what I ask. I didn&#8217;t ask for you to elaborate. Are you sure you are able to understand this?
(After no response from JD, Nurmi shouts at the judge to FORCE THIS WITNESS to answer the question!!)

NURMI: (Acting foolishly exasperated) So trying to move on here, finally, DOCTOR. Can you HONESTLY say to this court, this jury, that YOU are qualified to make these assertions? But before you answer that,&#8230;&#8230;.you&#8217;re writing a book about this trial, aren&#8217;t you doctor? (An obvious innuendo he used with Detective Flores as well)

JD: No, I&#8217;m not.

NURMI: Right, so you say. Seems reasonable to assume that someone with so few years of limited experience&#8230;&#8230;&#8230;and not to mention ALL of your experience being in one city, certainly not state or nationwide as other professionals have, could CAPITALIZE PROFESSIONALLY AND FINANCIALLY testifying in this trial in order to boost your client numbers. (Obvious dig here to the innuendos made to Abe about testifying boosting his sales!) I mean someone with such limited exposure before this, and now you&#8217;ve had your face all over on TV, with the media showing you hours on end, your 15 minutes of fame as it is!! One doesn&#8217;t really have to WONDER if you&#8217;ve enjoyed a substantial boost in name recognition at the very least. (Condescending laugh and dirty look) Good way to get your name out there, isn&#8217;t it? Certainly cheaper than paying for advertising! As a matter of fact you told us last time that you advertised through a magazine to get clients. I would imagine this is working a LOT BETTER THAN that. In fact, tell us, has your client base increased since you started this case, YES OR NO?!?!?

JD: Yes it has. When I&#8230;&#8230;&#8230;.

NURMI: Objection, UNRESPONSIVE. Just answer the questions. Once again DOCTOR. Is this SO hard for you to understand? Maybe that&#8217;s something you didn&#8217;t learn in school or during your FOUR years of experience.

NURMI: Let&#8217;s go back, well let me ask you this first. Where did you go to high school&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;&#8230;..but before we get to that, .............you know don't you that Mr. Alexander called Jodi Arias *&*&*&*^*&^*&^ and &@^%#&^@#%$.......

 

[RickshawFan]

If not for Zervakos.

He remains hopelessly smitten with her.

Who knows what he would have been fantasizing as "Cougarluscious [sic]" came in tight to console the murderess today?

BBM MLDR didn't even spell it that successfully. She wrote it something like Cougarlucious, IIRC.

 

[potboiler]

I had hoped for something more clever for my first post...but all I can say is WOW!!! Juan and DeMarte doing an excellent job showing defendant's true colors. Back to stunned reading....

welcome pacnwgal!:welcome3:

 

[ButForFortune]

Michael Kiefer &#8207;@michaelbkiefer · 43s44 seconds ago
DeMarte says the "likes" on #jodiarias' My Space page were identical to those on Alexander's.

This is very interesting to me as it pertains to her chameleon behavior. Creepy.