Arias Jury Divided 8 to 4

Eight jurors voted for death.
Four jurors voted for life.

I’m over being angry, but I am still frustrated by the verdict. However, this is our system at work. The jurors in this case dedicated 5 months of their lives to the case. For that, they deserve to be thanked, whether or not I agree with the outcome of a compromised verdict – a hung jury – a mistrial in the Penalty (Sentencing) Phase.

The jurors did get the guilty of premeditated first degree murder right, and they also found the murder cruel beyond a reasonable doubt in the Aggravation Phase.

Is it double jeopardy to retry the Sentencing Phase? Most states give the defendant a life sentence when the jury can’t decide on death. Other states don’t require a unanimous decision, and majority rules, and that would have resulted in death in this case.

Please keep the Alexander family in prayer. They have suffered so much. Not only was their brother brutally murdered, but they didn’t get a sentence for Arias, so they will have to go through part of the trial all over again. My heart breaks for them.

Jodi Arias – NO UNANIMOUS VERDICT – JURY HUNG

NO JUSTICE FOR TRAVIS ALEXANDER’S MURDER

Sadly, for the Alexander family, there has been no justice.  The jury was unable to come to a unanimous verdict.

Travis Alexander - The Victim

Travis Alexander – The Victim

IT ONLY TAKES ONE JUROR TO HANG A JURY

Having served on a jury with a much less serious verdict to decide – medical malpractice – I can tell you that it only takes one person who refuses to change their mind, even if the other eleven people all agree on a particular verdict.

I have no idea why the Arias jury was hung, but I suspect that there was one juror who dug in their heels and would not agree to a death penalty.

ANGER AND FRUSTRATION AS ARIAS BEATS THE VERDICT TODAY

As a person who has absolutely no connection to this case, I have found that I am as angry and frustrated as I can be.  I am so upset for the Alexander family.  They have to go through this Sentencing Phase all over again.  They must feel so betrayed by the jury – twelve people who claimed they could make a death penalty verdict.  I believe one of those people lied.  The evidence was so clear.  The verdict (1st degree murder) and the aggravating factor (cruelty) were decided by the entire jury.

Jodi Arias has committed one of the most brutal murders, killing her victim, Travis Alexander, three different ways – a stab to the heart, slicing his throat ear to ear to nearly decapitate him, and shooting him in the face!  There were 29 stab wounds all together.  The crime scene pictures made it evident that Travis Alexander was slaughtered.  Arias walked away with barely a scratch – she cut her hand on the bloody knife as she stabbed Travis to death.

Arias has shown absolutely NO REMORSE.  She spent a lot of time on the stand – 18 days, and she gave a mitigating statement to the jury, in which she gave Travis barely more than a minute’s thought.  She talked about her family about four minutes.  She talked about herself and how wonderful she is for over 13 minutes.

Arias gave many TV interviews in addition to her time before the jury in the courtroom, and she never said she was sorry and she showed no remorse, let alone beg for forgiveness or mercy.  She was more concerned about her hair and makeup (really).  She used the TV interviews to once again trash Travis Alexander.  She is so disgusting!

The men sitting with the Alexander family in the courtroom, as the Judge read that the jury was hung, were so angry that you could see them clenching their jaws and they were staring hard at the jury, wondering how this non-verdict was even possible.

While the family collapsed in sadness, frustration and anger, Arias covered her mouth  - something she does often – feeling that she had somehow won.  She is a person who lacks empathy and she is so arrogant and manipulative, you just want to see vengeance carried out against her.

JULY 18, 2013 – TRIAL RESUMES

On July 18th, the trial will resume with a new jury to decide the sentence for Jodi Arias.  Arias has already been convicted of PREMEDITATED FIRST DEGREE MURDER.  Given the evidence, it is unbelievable to me that the jury was hung and a mistrial was declared for this phase.  Judge Stephens gave a huge sigh as her voice cracked when she announced the non-verdict to the court.  Will the new jury be able give Arias life or death?

Jodi Arias

The poor Alexander family will have to live through the horrible heinous evidence again.  After waiting five years for a trial, and having sat in the courtroom for five months, their pain and suffering will continue.

IT IS A TRAGEDY!

13 HOURS AND 48 MINUTES OF DELIBERATING RESULTS IN A HUNG JURY

JURORS CRIED AS THE JUDGE READ THE NON-UNANIMOUS VERDICT TO THE COURT

THE ALEXANDER FAMILY AND FRIENDS CRIED, OVERWHELMED WITH EMOTION

THE JUDGE, WHO HAS BEEN VERY EVEN KEELED THROUGHOUT THE TRIAL, WAS SO EMOTIONAL, SHE COULD BARELY READ THE NON-VERDICT

NO JURY MEMBERS WANTED TO SPEAK TO THE PRESS – THEY JUST WANTED TO GO HOME

PLEASE PRAY FOR THE ALEXANDER FAMILY

Jodi Arias Jury Can’t Reach a Unanimous Decision

After deliberating for more than two hours (almost three), the jury sent a note to Judge Stephens that they were unable to come to a unanimous decision between life or death.  Of course, the Judge sent them back in to continue deliberating.  (At the time of this writing, they have now been at it for 4 hours and 13 minutes.)

I sat on a jury once for medical malpractice.  After a few hours, one juror wanted to give up and tell the judge we couldn’t come to a unanimous verdict, which we did.  The Judge sent us back to the jury room.  We deliberated for four days and we were about to lose two jurors (financial hardship for one and vacation for another).  Eventually, the parties settled to avoid a mistrial.

A death verdict is much more difficult.  I wonder if there is a single hold-out in the Arias jury, or if it is a more divided jury.  The Alexander family just broke down in tears again.  I hope the jury can do the right thing for the family and bring this case to a conclusion.

If the jury does not reach a unanimous verdict, a new jury might have to be convened for the Sentencing Phase of the trial.

Jodi Arias Speaks – She Wants Life

JODI MAKES A PLEA FOR THE JURY TO SAVE HER LIFE

Today, Jodi Arias stood at the podium and addressed the jury.  This statement is not under oath.  It is her plea that they save her life and her reasons why they should do it.  Most of what Jodi Arias had to say was about her, along with a slide show – sort of like watching a boring Power Point demonstration.  Why?  Jodi Arias has a very flat emotionless affect and she very rarely changes her soft monotonous tone of voice.  She shared photos of her as a baby and child, her family and her artwork.

The gist of why she believes her life should be spared:

  1. She has donated her hair to “Locks of Love” three times, and will continue to do that.
  2. In prison, she can teach other prisoners Spanish and sign language.
  3. There is a high illiteracy rate in prison, and she can teach other prisoners to read.
  4. She made up a t-shirt with the word “Survivor” printed on it – to be sold to raise money for victims of domestic violence.
  5. She will start a recycling program in the prison, improving the planet.
  6. She is a good artist.  She wants to use this to bring awareness to domestic violence.
  7. Giving her the death penalty will hurt her family.

I might have forgotten something.  My memory isn’t always perfect, but you get the idea.  To be fair, Arias started off talking about a moment she and her mother shared in jail, when her mother had seen Travis’s siblings, when both of their cars were waiting at a stop light.  Arias’s mother said that family must be going through hell.  She said that is what she was thinking.  We will never know if that is true.

Was Jodi Arias able to reach the jury?  They must be unanimous in their verdict.  Did she reach just one jury member?

I can tell you one thing Arias didn’t do.  She didn’t apologize to the family.  She didn’t take responsibility for her actions, still holding onto the domestic abuse story.  She didn’t say anything redeeming.  It was like she stood up in front of a classroom to give a report about someone else – someone who didn’t premeditate murder; someone who didn’t stab Travis 29 times; someone who didn’t practically decapitate him when she sliced his neck from ear to ear; someone who didn’t shoot Travis in the head with a gun.

CLOSING ARGUMENTS

Defense – Show Arias Mercy

Jennifer Willmott gave closing arguments for the defense.  She is a death qualified lawyer (I don’t think Nurmi is).  She spoke positively about Jodi Arias, reiterating some of what Arias said.  She acknowledged Aria is a liar, but that isn’t a reason to give her death.  Then she trashed Travis Alexander once again, as the defense has done throughout the trial, saying he was abusive toward Arias – at least verbally, if not physically.  She repeated some of Travis’s harsh words toward Arias after their breakup; when she was stalking him, breaking into his house, and allegedly slashing his tires and the tires of someone he was dating, among other things.

Willmott said that the biggest lie Arias has ever told was lying to herself; denying Travis’s abuse.  Then she lied to herself about murdering Travis.  Then she lied to the police and everyone else.  This does not diminish the abuse.

Willmott then tried to use the Prosecution’s witness, Dr. DeMarte’s evaluation of Arias – that she had borderline personality disorder.  People with personality disorder are known to sometimes go into a rage.  The Prosecution’s case against Arias might be Willmott’s strongest argument.  She also brought up PTSD – the defense used this in the Guilt Phase.

Willmott said that nothing excuses Arias murdering Travis, but “two wrongs do not make a right”.   I’m sorry, but I don’t think it was a good idea for Willmott to trash Travis.  The jury has already dismissed the abuse story.  They gave Arias a verdict of premeditated 1st degree murder.

Finally, Willmott asked the jury to show mercy and sentence Arias to life in prison.

Prosecution – The Jury is Obligated to Give Her Death

Juan Martinez briefly reminded the jury about how cruel and painful the murder of Travis Alexander was.  He reminded them to rely on the evidence and the facts of the case.  He said that there were no mitigating factors related to the crime.  (Willmott has asked for two sidebars already in the first five minutes of Martinez’s closing argument.)

Juan Martinez addressed the mitigating factors that the defense tried to put on.  Does being a good artist mean anything?  Not according to the law.  Having a skill or talent is not a legal mitigating factor.

Does her age at the time of the murder – 27 – matter?  No, she is well beyond the age of 18.  She is an adult.

Does her relationship with Darryl Brewer and his son make a difference?  Again, this is not a true mitigating factor.  It might have been better for Brewer to have been called as a character witness.  He was ready and willing.

Martinez continued.  Travis was only 30-years-old when she murdered him.  He is not going to have any of the experiences that Arias spoke about missing when she is in prison.  (Willmott objected twice, and got one more sidebar.)

One mitigating factor was that Arias had no prior criminal record.  As Martinez spoke about why this is not a mitigating factor in this case, Willmott objected and got another sidebar.  These sidebars are really only a couple of minutes apart.  I think she is trying to break up the flow of his argument before the jury.  Martinez didn’t object once during Willmott’s closing argument.  Martinez reminded the jury about the events leading up to the crime, and that she had perjured herself on the stand.  Not being convicted of a crime doesn’t mean one wasn’t committed.

Another mitigating factor put on by the defense was that Arias was a good friend.  Martinez reminded the jury about how she lied to her friends and about a friend after the murder.  This is not a mitigating factor.  In fact, her best friend refused to take the stand on Arias’s behalf. (Guess what?  Another objection and sidebar.  Willmott is driving me crazy.)

(By the way – during Martinez’s closing argument, some of the Alexander family was crying.  This has been so hard on them.)

How about her claim that her family was abusive, neglected her, and was non-supportive?   During the trial, she told about times when her parents were supportive of her.  Her mother helped her move back to her family’s home a few weeks before she murdered Travis.  Stating that Arias spoke about her family out of both sides of her mouth, he said that the defense had not proven their argument beyond a preponderance of the evidence – the standard the jury must use.  (Another objection and sidebar.)  There is nothing to corroborate her claim of abuse.  No medical reports or police reports.

Another mitigating factor the defense claimed was that Arias was trying to better her life.  Martinez argued that she was doing only the very minimum of what she had to do; implying that she wasn’t really doing anything to better her life.  Martinez denied that this was a mitigating factor.

As Martinez began his next argument about mitigating factors, Willmott objected again.

Martinez finished by say that there are no mitigating factors related to the crime and that the jury has a duty to come back with the death penalty.

(15 minute recess in the courtroom – to give the jury and everyone a break)

Defense Rebuttal

Willmott stood behind Arias with her hands on her shoulders.  She said, “The simple question that is before you is:  Should you kill her?”

She tried to talk about a life sentence and parole, but Martinez objected.  The Judge sustained the objection.

Basically, Willmott argued that Arias might be of some value to this world.  She said you can’t give someone death for lying.  Something changed the trajectory of her life.  She trashed Arias’s parents for the period when Arias was a teen.

In response to Martinez’s argument that Arias was doing the bare minimum to improve or make the best of her life; Willmott said that Arias has hope and is looking toward how she can contribute and be of value in the future.  Then Willmott said that Arias is already convicted of first degree murder, and hopefully the Alexander family can find peace in that (I have heard that they want the death penalty).  She then pleaded once again for mercy and a sentence of life in prison for Arias.

THE JURY WILL NOW DELIBERATE BETWEEN A SENTENCE OF LIFE OR DEATH

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

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

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

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.