Jodi Arias Case – No Character Witnesses – Lawyers Motion for Mistrial and Attempt to Withdraw from the Case

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MOTION FOR MISTRIAL DENIED

The Jodi Arias case is never without its surprises.  Defense attorneys Willmott and Nurmi filed a motion for a mistrial, stating that the Prosecutor Juan Martinez had intimidated defense witnesses – and – there are no character witnesses to speak in her defense.  Apparently, her childhood girlfriend, Patricia Womack took the 5th Amendment, and failed to answer questions asked by Martinez last week, having legal matters that can be held against her.  The other witness that was intimidated was Alyce Laviolette, the domestic abuse expert.  This was reported under Seal.   I don’t believe her former boyfriend, Darryl Brewer, was intimidated by Martinez. He was ready to take the stand today, but the defense never called him. Was that the choice of the lawyers or Jodi?

Judge Stephens denied the motion, due to the fact that she had offered to conduct the witness statements and examination under Seal.  That means it would have been done in private, without the television coverage and the presence of the public in the courtroom.  It seems that she agreed with Martinez that Womack had withdrawn from testifying on her own.  Otherwise, she would have had to find in favor of the defense.

The defense lawyers then said that they had filed motions before this trial started, so it would be held without television coverage and that the jury should be sequestered; both were denied.  They filed these motions for a mistrial under Seal, but brought them up in court today.  The defense then stated that Jodi Arias has not received a fair trial.

WILLMOTT AND NURMI WANT OFF THE CASE 

For the second time in as many weeks, Willmott and Nurmi asked to withdraw from the case because they cannot offer effective counsel.  They can’t mitigate without character witnesses.  He pretty much stated that the deck has been stacked against them from the beginning.  Judge Stephens also denied this request.  Nurmi said due to the court’s ruling, they would not be calling witnesses.  Was he blaming the judge?  Judge Stephens then asked if Jodi Arias was ready to allocute.  The two attorneys huddled, while Jodi Arias huddled with her mitigating specialist.  Within moments, a sidebar was called.

WATCH THE VIDEO – ANGRY DEFENSE LAWYERS

Court was recessed for the day.  Jodi Arias will allocute tomorrow morning at 9:30 a.m. (Arizona time) – 12:30 p.m. EST.  This is when she gets to stand up at the podium and tell her story before the jury.  I think this is all she really wants.  She didn’t want mitigation witnesses.  She just wanted this to be her show.  Tomorrow, it will be.

Jodi Arias

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MITIGATION FACTORS – JODI CLAIMS NO FAMILY SUPPORT – YOU BE THE JUDGE

Both of Jodi Arias’s parents were in the courtroom today.  Her mother has been there every day.  During the trial, Arias claimed she was abused by her parents (spankings with a belt and a wooden spoon) and that she did not have family support her entire life.  Poor neglected, abused Jodi.  Ha!  I bet her mother wants to stand up and plead for her daughter’s life.  There is only one person preventing that from happening.  Jodi probably thinks that keeping her mother off the stand supports her claims of abuse and neglect, but the jury has seen her family’s support throughout the trial.  Her mother and her mother’s twin sister were there every day.  Jodi’s siblings, her father (who is on kidney dialysis) and her grandmother have been in court to support her.

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DEFENSE DRAGGING OUT THE COURT TRIAL – WILL IT EVER END?

Once again, Jodi Arias manages to drag this trial out for another couple of days.  Surely, the Alexander family is frustrated.  And I can only imagine what the jury is thinking.

What will Jodi Arias say tomorrow?  Remorse?  We haven’t seen one bit of remorse so far.  Truth?  She is a proven liar.  She even lied on the stand.  Whatever she decides to say, I am guessing there will be some fake tears, she will find a way to hold her bent finger before the jury, and she will defend her position that Travis abused her and that she can’t remember brutally murdering him.  I hope I am wrong.  I hope she finally stands up and takes responsibility.  No doubt, it is going to be all about Jodi!

Following Jodi Arias’s statement to the jury, both sides will give closing arguments for the Sentencing Phase.  After that, the jury should get the case for sentencing.

MEET THE LAWYERS:(Older Video)

 

 

Jodi Arias Penalty Phase – Victim Impact Statements and Character Witnesses

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Jodi Taken Off Suicide Watch

Jodi was taken off of suicide watch and sent back to jail on Monday.  She is separated from the general population.  Although her Twitter account was down, it is up again, and she is tweeting through her friend.  She has a site to raise money, called:  Jodi Arias Is Innocent.  That is so outrageous, but apparently she maintains her position that she shouldn’t have been convicted.  She was truly surprised to receive premeditated 1st degree murder.

Defense Lawyers Asked to Withdraw from the Case

So much has been happening this week in the Jodi Arias case.  On Tuesday, her lawyers, Wilmott and Nurmi, tried to get removed from the case, but they were denied by Judge Stephens.  They have had a difficult time with their client about how to defend her – Jodi has her own ideas and they work for her.  No doubt, she was demanding they do things her way during the final phases of this trial that they don’t believe are in her best interest.

Aggravation Phase

We also saw the Aggravation Phase.  Prosecutor Juan Martinez was absolutely brilliant as Travis’s advocate in the courtroom.  The defense tried to say that Travis’s death wasn’t cruel because he bled out so quickly from his 29 stab wounds that he died quickly, and adrenaline would have kept him from experiencing pain.  (Maybe someone should stab one of them 29 times and let them see how the adrenaline helps.)  Following that, Martinez asked that a timer be set for 2 minutes and then the courtroom sat in silence.  This was both a memorial to Travis’s memory, as well as a demonstration of how long 2 minutes really is.  He left no doubt about the extreme cruelty in the murder of Travis, so it was proven and the death penalty was on the table.

Victim Impact Statements – Travis’s Family Speaks

The victim impact statements in Arizona must be written; then approved by both the judge and the defense.  The family is not allowed to ask the jury to give the defendant the death penalty.

Travis Alexander came from a family with eight brothers and sisters.  They had a very difficult childhood, and both of their parents are dead.  Today, his brother, Steven, and his sister, Samantha, gave very emotional victim impact statements.  After four months of sitting quietly in the courtroom, they finally had a chance to tell the jury about the giving, inspirational, and thoughtful person Travis was.

Travis was the strength of their family.  He looked for the good in people.  It was his goal to live a life of service to others.  Travis was a motivational speaker and he livened up any room he entered.  He often gave gifts of motivational books for Christmas, and he was writing one of his own.  He was determined to live a life of accomplishment.

They also spoke about how Travis must have suffered, and that their minds are forever stained with the picture of their brother’s throat cut wide open, from ear to ear.

Steven and Samantha spoke about the hardship this has caused for them and their family – depression, nightmares, ulcers and other health problems, marital problems, separation from spouses and children, being away from work, the financial hardship of being in Arizona for the trial (the family all live in California).  Their grandmother, who raised Travis, died shortly before the jury was chosen for the trial.  They attributed the decline in her health that resulted in her death to the fact that she had never gotten over the brutal murder of Travis.

Mitigation – Delayed Until Monday

Mitigation is simply reasons why a person should be spared from the death penalty.

During mitigation, the character witnesses for Jodi Arias can get up and say whatever they like – very different than the victims.  They can plead for Jodi’s life.  Surprisingly, Jodi’s mother and siblings are not on the witness list.  A former boyfriend and a former childhood friend (who doesn’t want to be seen on camera) will be speaking about Jodi’s good qualities and why she should be given life instead of death.

No surprise that Jodi is planning to speak to the jury.  It doesn’t sound like she’ll be asking for the death penalty, even though she said that’s what she wanted just last week immediately following her conviction.  Nurmi made me think that she is planning to show them some of her artwork.  Some of this artwork has been proven to be copied from advertisements, not original.  People seem interested in buying it anyway.

Here are some of the Mitigating Factors presented by Jodi’s defense:

27 at time of murder
No criminal record
Good friend
Suffered abuse as a child and adult (not documented anywhere)
Trying to better her life
Good artist

Honestly, I’m not sure that the defense has a lot to work with, but they are doing their best on Jodi’s behalf.

After Judge Stephens met with the character witnesses in her chambers, she notified the court that they were unable to proceed today, and court is in recess – to resume on Monday, May, 20, 2013.

Jodi Arias Trial Enters Penalty Phase

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Today, the jury in the Jodi Arias trial found that the Prosecution had PROVEN beyond a reasonable doubt that there was an aggravating factor of extreme cruelty in the murder of Travis Alexander. That means that Jodi Arias can receive the death penalty as her sentence.

Tomorrow will be victim impact statements from Travis Alexander’s family, and the defense will try to demonstrate that there are mitigating factors to try to spare her from death. It is possible she could receive a life sentence with or without parole.

Jodi Arias – Court Cancelled Trial

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Jodi Arias, all lawyers, Dr. Horn (the prosecution witness who was supposed to testify), jurors, and family members for both sides showed up at the  Maricopa County Courthouse in Phoenix, Arizona today for the Aggravation Phase of Arias’s trial.  Trial was supposed to begin at 4:00 p.m. EST (that would be 1:00 p.m. in Arizona).  Supposedly, this is a very short phase of the trial and could have potentially been completed today.

However…an expected turn of events…

Shortly after court was supposed to start today, it was cancelled.  Court will not reconvene until May 15th – next Wednesday.  That is a long delay and not the first one in this trial.

The jury and everyone else have lives to return to.  I can’t help wondering how frustrating this must be for everyone involved.

And…

I can’t help feeling really sorry for Travis Alexander’s family.  They have been waiting five years for this trial due to the pretrial antics of Arias.  The trial went on for four months, while they sat in that courtroom every day.  Finally, after the verdict, it looked like this trial could be wrapping up.  Now, they have to continue waiting.

It is 5:00 p.m. EST, an hour after court was to begin.  The family and jurors are still in the courtroom.  The lawyers are in chambers with the judge.  If and when the reason court was cancelled is revealed, I’ll update you.

Jodi Arias Trial – Aggravation Phase Starts Today – Between Life and Death

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(Written prior to the Aggravation Phase)

Yesterday, the jury verdict was read in the Jodi Arias trial.  All twelve jurors found her guilty of premeditated first degree murder, and seven of the twelve jurors found her guilty of both premeditated and felony first degree murder.  The jury was pooled and everyone declared in court that this was their verdict.

In a murder trial, the next phase is the aggravation phase, in which the prosecution must prove why the defendant deserves the death penalty.  In the Jodi Arias case, the aggravator is cruelty.  The jury must find, beyond a reasonable doubt, that Travis Alexander suffered extreme cruelty during his murder – that the manner of death was cruel, heinous, or depraved.

The next phase, the penalty phase, will be for the jury to decide between life and death.  From my understanding, if the sitting jury cannot agree unanimously, another jury must be convened, which would require going through voir dire.  Then the new death qualified jury will sit through a mini-trial to decide between life and death.

Clearly, the jury did not believe Jodi Arias’s claim of self-defense, so I believe they did find the brutal murder of Travis Alexander cruel.

Arias Blames Attorneys for Verdict

Avoiding responsibility for her actions in the murder, Arias had blamed the prosecutor, Juan Martinez, for her trial, claiming she wanted a plea deal.  She did this via Twitter.  While in jail, a friend of hers would Tweet messages dictated by Arias.  Now that she is a convicted murderer, Twitter has shut down her account.  It is about time!

Now, following the verdict, Arias blamed her defense attorneys, Nurmi and Wilmott, for the verdict.  Hmm…doesn’t she take responsibility for anything?  What more could her attorneys have done?  She is truly ungrateful for everything they have done on her behalf, especially considering the facts in the case.  She stabbed Travis Alexander in the vena cava, which is a fatal wound that bleeds out slowly, and was determined by the medical examiner’s opinion to be the first wound.  She cut his throat from ear to ear and deep enough that the cut almost decapitated Travis Alexander.  These were just two of the twenty-nine stab wounds, which included defensive wounds.  Then she shot him in the head, which the medical examiner opined was the final wound, because there was no blood in the wound track.  That means he was already dead when she finally shot him.

Arias Gives Television Interview After the Verdict

True to her narcissistic love of the spotlight, Arias gave a television interview immediately after the verdict came down.  She did it without her attorneys being present.  She must be driving them crazy.  They have fought so long and hard for her during the past four months.  I haven’t seen the entire interview; only snippets of it.  There are three parts of the interview that I have seen.

Of course, this is not Arias’s first television interview.  During the past five years – before trial – she said she would never be convicted of the crime.  During trial, she said that was because she had been planning to commit suicide, but she couldn’t say that because the jail would have put her on suicide watch.

Now, Arias told the television interviewer that she wants the death penalty, which she equated with freedom.  She said her family is known for longevity, and she doesn’t want to spend her natural life in prison.  That put her on suicide watch, and the sheriff stated that she would not be giving anymore interviews during this time.  Considering what she said before – about not wanting suicide watch – I just don’t know what to believe.  Arias is a psychopathic liar.

Arias also said that a psychologist once told her that society needs someone to persecute, so that is why she has been convicted as a murderer.  Honestly, is she so self-important?  Yes, she is.  Does she really believe that society wants to unjustly persecute her – like she is a scape goat?  There is no remorse!

Answering the interviewer’s question about what she would do differently, Arias said she would have been honest and gone to the police right away.  She did not say she would not have killed Travis!  She did not apologize to the family!  It is all about her.

During a police interview, weeks after the murder, Arias claimed that she did not commit the murder (the first on three different stories she told).  She then said that if she had killed Travis, she would not have made it so depraved; and if she had done it, she would ask for the death penalty.  We’ll soon find out if the jury grants her wish.  Of course, she will blame the jury if she receives the death penalty.  And, she will probably accuse them of wanting to persecute her by giving her life, since she claims she wants death.  I am sure we will find out eventually.  After the trial is over, I am sure Arias will be giving more interviews.

What I Feel Concerning the Death Penalty

I have conflicting feelings about the death penalty.  I tend to favor it when the facts are absolutely clear, the crime is depraved and cruel, a confession has been made, and there is no remorse.  I do not think it should apply to purely circumstantial cases, even when the evidence seems obvious.  Too many innocent people have been sentenced to death.  Having said that, our justice system bends over backwards for people on death row, and supposedly, that is why many convicted murderers ask for it.  In Arizona, a death row prisoner spends approximately twelve years between their conviction and the sentence being carried out.

P.S.  The tax payers in the state of Arizona have spent $1.7 million dollars on the trial – and it’s not over yet.

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JODI ARIAS VERDICT – GUILTY OF FIRST DEGREE MURDER

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Today, Wednesday, May 8, 2013, the jury of eight men and four women has reached a unanimous verdict in the Jodi Arias death penalty murder trial. Arias brutally murdered Travis Alexander on June 4, 2008. The jury has been deliberating since late Friday afternoon, approximately 15 to 16 hours.

Justice has been reached for Travis Alexander and his family and friends:

GUILTY OF PREMEDITATED AND FELONY FIRST DEGREE MURDER

Travis Alexander – The Victim

Room – by Emma Donoghue

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Room
by Emma Donoghue
Published by Little, Brown and Company, 2010

About the Book

To five-year-old Jack, Room is the entire world. It is where he was born and grew up; it’s where he lives with his Ma as they learn and read and eat and sleep and play. At night, his Ma shuts him safely in the wardrobe, where he is meant to be asleep when Old Nick visits.

Room is home to Jack, but to Ma, it is the prison where Old Nick has held her captive for seven years. Through determination, ingenuity, and fierce motherly love, Ma has created a life for Jack. But she knows it’s not enough…not for her or for him. She devises a bold escape plan, one that relies on her young son’s bravery and a lot of luck. What she does not realize is just how unprepared she is for the plan to actually work.

Told entirely in the language of the energetic, pragmatic five-year-old Jack, ROOM is a celebration of resilience and the limitless bond between parent and child, a brilliantly executed novel about what it means to journey from one world to another.

A Little Detour – Art Imitates Life

I’m fairly certain we are all familiar with the saying:  “Art imitates life”; a principle held by Aristotle, while Oscar Wilde held that: “Life imitates art”.  In this case, I will have to uphold Aristotle’s position.  I believe Room was inspired by the darker side of life.

There are many children in our country who go missing every day.  Sadly, many of them are later found dead; however, there have been cases where the child is found years later, having been kidnapped and held in captivity. Cases like Elizabeth Smart, Jaycee Dugard, and Shawn Hornbeck are three cases that were in the news recently enough that we know there is hope of finding a few of these missing children alive.  And just yesterday, three young women, who went missing between 2002 and 2004, have been found alive.

Amanda Berry and Gina DeJesus were just teenagers when they were abducted in Cleveland, Ohio.  Michelle Knight was 20 when she vanished.  A young 6-year-old girl, who is likely the child of Amanda Berry was also found.  Charles Ramsey, a neighbor of the kidnapper, Ariel Castro, heard screams coming from the house and went to investigate.  Amanda Berry was trying to escape, when Ramsey heard her screams, leading to the rescue of the victims.  Castro and his two brothers were all arrested as suspects in the case.

My Review

When I first started reading Room, I was a little put off by a child narrator.  As I have said before, I will give a book a good 50 to 100 pages before giving up on it.  I am glad I did.

While the story is based on the horrible subject of a teen girl being abducted and held captive for sexual purposes; there is something about it being told from the point of a 5-year-old, who knows nothing about how he came to live in Room that makes the book slightly less dark.  He, Jack, realizes that Room is where he lives and then there is Outside.  He loves Room, because his mother, Ma, shelters him and loves him and makes the best world she can for him.  Then one day, she tells Jack the truth about Room and Outside, and devises an escape plan.  No spoilers here about what happens.

You can see how there are two different perspectives regarding the circumstances that Ma and Jack live in.  She knows the painful truth about their existence, while he knows nothing but the seemingly wonderful world she has created for him.  I eventually warmed up to the idea of a child narrator, and Donoghue creates a believable voice for Jack.

In the end, I would say that I liked this book.  I didn’t love it, but not every book that isn’t great literature, should be overlooked.  If for no other reason, I would say the very thing that annoyed me in the beginning – a very unreliable child narrator – ended up being the thing I appreciated most about the book.  Room is not a flawless story, but it was a good read.

A Final Thought About the World We Live In

I grew up at a time when, at twelve-years-old, my parents let me walk ten miles with my brother and two friends, to a State Park.  Of course, we also had to walk home.  At sixteen, I rode my bicycle about thirty miles with some girlfriends to the Jersey Shore, and home again (we stayed a couple of days).  Both times, I needed my father to come pick me up on the way home, because the distance was so far.  We didn’t have cell phones then.  We had to seek out public phones.  On the way home from the park, it was a country store.  On the way home from the shore, it was a dive bar.

I walked to school from the fifth grade –about a mile walk- through the eleventh grade – a two mile walk.  (I could drive my senior year).  I grew up walking through the woods to my grandparent’s house.  I could stay out all day, roaming the neighborhood, as long as I was home in time to help with dinner.

My point is – that is not the world we live in anymore.  We live in a world where there are people who prey on our children.  If you are the parent of children, please protect them and keep them safe.  Talk to them, teach them, and make them aware of possible dangers (without making them afraid of the world), while letting them know what to do and who to go to for help if they don’t feel safe.