Jodi Arias #4

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Prosecutor discusses next steps for Arias case
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The top prosecutor in Phoenix said Thursday that he is confident an impartial jury can be seated to determine the punishment for Jodi Arias, and he is open to input from defense lawyers and the family of the victim about possibly scraping a new trial in favor of a life sentence for the convicted murderer.

The deadlock means that Montgomery's office will have to put on a new trial to determine her punishment. But it's also possible that lawyers agree to end the case without a trial and give Arias a life sentence with no parole.

Several factors are being weighed by Montgomery's office ahead of a court hearing scheduled for June 20, including feedback from Alexander's family. He declined to say whether defense lawyers had come forward with an offer to take the death penalty off the table, but added that he has "an ethical obligation" to consider such a deal.

"That's really the strongest statement or commitment I can make to look at resolving" the case, he said.

Montgomery said the Alexander family's response will be important, noting that the Arizona Constitution has a victim's bill of rights that allows the Alexander family to confer with the prosecutors before the case is resolved. The Alexander family said it would not comment on the case until it is resolved.

"And so input from victims, not just on this case, but on any other case, does carry weight," he said. "It's one of many factors that are considered."

That would be OK as long as they make it a plea deal so that she cannot appeal it. But I doubt that Jodi is going to accept it that way. This is what I meant when I said that those 4 jurors left Jodi in the drivers seat. I knew the state was not going to want to go to the expense of another trial. But Jodi should not be allowed to make any decisions now that she has been found guilty of "first degree" murder as well as a cruel manner of death.

Jodi has nothing to lose and something to gain by having another trial.

I agree that the jury deadlocked at 8-4 in favor of death was a victory for Jodi. I also don't see any reason for her to do a plea deal at this point

Sea Ray wrote:I agree that the jury deadlocked at 8-4 in favor of death was a victory for Jodi. I also don't see any reason for her to do a plea deal at this point

Really? Two to one for death. The incentive for doing a plea deal would be to secure the certainty of life versus the real possibility of a second jury voting for death. Remembering too that if the second jury is also deadlocked the Judge will make the decision for the jury. The Judge heard and saw all the crap that Ms. Arias put out there and was privy to the information the jury didn't learn about.

Islander wrote:

Sea Ray wrote:I agree that the jury deadlocked at 8-4 in favor of death was a victory for Jodi. I also don't see any reason for her to do a plea deal at this point

Really? Two to one for death. The incentive for doing a plea deal would be to secure the certainty of life versus the real possibility of a second jury voting for death. Remembering too that if the second jury is also deadlocked the Judge will make the decision for the jury. The Judge heard and saw all the crap that Ms. Arias put out there and was privy to the information the jury didn't learn about.

The judge will make the decision for the jury is not how I'd put it. The judge doesn't have the same options as the jury. Judge Stephens does not have the option of imposing death if the 2nd jury is deadlocked.

If Jodi were to get death, we all know it would be a long time before it's imposed, if ever. She'd also get many options to have it overturned (appealed). I think her best bet is to keep those appeals open ended.

Sea Ray wrote:

Islander wrote:

Sea Ray wrote:I agree that the jury deadlocked at 8-4 in favor of death was a victory for Jodi. I also don't see any reason for her to do a plea deal at this point

Really? Two to one for death. The incentive for doing a plea deal would be to secure the certainty of life versus the real possibility of a second jury voting for death. Remembering too that if the second jury is also deadlocked the Judge will make the decision for the jury. The Judge heard and saw all the crap that Ms. Arias put out there and was privy to the information the jury didn't learn about.

The judge will make the decision for the jury is not how I'd put it. The judge doesn't have the same options as the jury. Judge Stephens does not have the option of imposing death if the 2nd jury is deadlocked.

If Jodi were to get death, we all know it would be a long time before it's imposed, if ever. She'd also get many options to have it overturned (appealed). I think her best bet is to keep those appeals open ended.

Oh SeaRay maybe I've got it wrong. I thought the Judge could impose death because the Jury had found her guilty on M1 and accepted the aggravator....and thus the Judge was afforded the same sentence range as the jury.

Islander wrote:

Sea Ray wrote:

Islander wrote:

Sea Ray wrote:I agree that the jury deadlocked at 8-4 in favor of death was a victory for Jodi. I also don't see any reason for her to do a plea deal at this point

Really? Two to one for death. The incentive for doing a plea deal would be to secure the certainty of life versus the real possibility of a second jury voting for death. Remembering too that if the second jury is also deadlocked the Judge will make the decision for the jury. The Judge heard and saw all the crap that Ms. Arias put out there and was privy to the information the jury didn't learn about.

The judge will make the decision for the jury is not how I'd put it. The judge doesn't have the same options as the jury. Judge Stephens does not have the option of imposing death if the 2nd jury is deadlocked.

If Jodi were to get death, we all know it would be a long time before it's imposed, if ever. She'd also get many options to have it overturned (appealed). I think her best bet is to keep those appeals open ended.

Oh SeaRay maybe I've got it wrong. I thought the Judge could impose death because the Jury had found her guilty on M1 and accepted the aggravator....and thus the Judge was afforded the same sentence range as the jury.

If a jury cannot reach a verdict on life or death, then the judge can either sentence her to LWOP or to 25 years. The 25 years is not likely to happen.

IF the judge sentences her then Jodi will be able to appeal the sentence, However, if they (Jodi and the state) should reach a plea deal by taking the death sentence off the table vs death, Jodi will NOT be able to appeal it, in fact whatever the deal would be agreed upon Jodi will NOT be able to appeal. I believe that Jodi realized this immediately upon hearing that the jury could not reach a verdict, because Jodi (in her sick way of thinking) actually believes that had she been sentenced by the jury that she would have been able to get it all over turned, therefore upon hearing that verdict, she was wrecked because she knew then that probably her sentence would end up not being able to be appealed. So, the way I see it, Jodi will not agree to ANY plea deal and will probably insist on being sentenced.

County murder cases in flux
Montgomery weighing retrials for Arias, Milke

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"Arias already has a trial date of July 18, but because one of Arias’ defense attorneys, Jennifer Willmott, has a conflict with the date, it will likely be moved back, giving Montgomery more time to ponder his options."

Islander wrote:Oh SeaRay, maybe I've got it wrong. I thought the Judge could impose death because the Jury had found her guilty on M1 and accepted the aggravator....and thus the Judge was afforded the same sentence range as the jury.

For obvious reasons, the state of Arizona makes it extremely difficult to put someone to death. The Judge cannot impose the death penalty unless the jury votes 12-0 for it. What I'm not sure about is whether the judge can overrule such a jury who's voted for the death penalty and give her life. Obviously it hasn't come to that so it's just a farfetched hypothetical at this point. But to answer your question the answer is "definitely not"; a judge cannot "impose" a death penalty. The state will not give one person the power of deciding life or death

I'm having concern's over Judge Stevens' finishing presiding over this trial, because she was unable to keep herself under control (very understandable) as she spoke to the jury after the hang. If she does I'd bet every last cent I had that it will be a legitimate appellate issue that could undo everything that has been done thus far.
Anyone else have thought's on this?

Sea Ray wrote:I agree that the jury deadlocked at 8-4 in favor of death was a victory for Jodi. I also don't see any reason for her to do a plea deal at this point

I certainly wouldn't say that it was a victory by any means. All it means is that the penalty phase of the trial will be redone, she may very well still get the DP and at the very least LWOP. So by no means is it a victory.

I certainly cannot see the judge giving Jodi 25 years. The murder was too horrific for her to ever be let out in society again. So she will die in prison with her so called "victory".

One Wonders wrote:I'm having concern's over Judge Stevens' finishing presiding over this trial, because she was unable to keep herself under control (very understandable) as she spoke to the jury after the hang. If she does I'd bet every last cent I had that it will be a legitimate appellate issue that could undo everything that has been done thus far.
Anyone else have thought's on this?

I truly, truly doubt that will happen. She was already found guilty of "murder one", that will stick and Jodi will put in her automatic appeals thru the years and they will be denied thru the years.

It's not like she was saying that she didn't do it, she admitted cutting Travis to ribbons. No court will ever over rule that conviction, the murder was just too horrific.

Jodi will die in prison one way or the other.

Sea Ray wrote:

Islander wrote:Oh SeaRay, maybe I've got it wrong. I thought the Judge could impose death because the Jury had found her guilty on M1 and accepted the aggravator....and thus the Judge was afforded the same sentence range as the jury.

For obvious reasons, the state of Arizona makes it extremely difficult to put someone to death. The Judge cannot impose the death penalty unless the jury votes 12-0 for it. What I'm not sure about is whether the judge can overrule such a jury who's voted for the death penalty and give her life. Obviously it hasn't come to that so it's just a farfetched hypothetical at this point. But to answer your question the answer is "definitely not"; a judge cannot "impose" a death penalty. The state will not give one person the power of deciding life or death

No judge would have the right to over ride a jury and give the person more than what the jury imposed. A judge can reduce a sentence but not give a harsher punishment. At the very least I see LWOP for Jodi, but the DS may still come thru with another jury.

Jodi will be carried out in a box when she leaves prison. "You can mark my words on that".

Gizmo711 wrote:

Sea Ray wrote:I agree that the jury deadlocked at 8-4 in favor of death was a victory for Jodi. I also don't see any reason for her to do a plea deal at this point

I certainly wouldn't say that it was a victory by any means. All it means is that the penalty phase of the trial will be redone, she may very well still get the DP and at the very least LWOP. So by no means is it a victory.

I certainly cannot see the judge giving Jodi 25 years. The murder was too horrific for her to ever be let out in society again. So she will die in prison with her so called "victory".

Thanks Gizmo - that was what I rather ineptly was trying to say. 8-4 or 2 -1. When I first posted though I mistakenly thought death was an option for the Judge.

Still it is a crap shoot for Jodi if it goes to another jury but I can see that it is a gamble she is prepared to risk. Many in her shoes have elected to take the certainty of LWOP over the possibility of a death sentence. I do not see Judge Stevens sentencing Jodi to just 25 years. And I do think it is quite likely that another jury will sentence her to death. I hope she is enjoying her own company 23 hrs. a day and her perpetual days off.

Gizmo711 wrote:

Sea Ray wrote:I agree that the jury deadlocked at 8-4 in favor of death was a victory for Jodi. I also don't see any reason for her to do a plea deal at this point

I certainly wouldn't say that it was a victory by any means. All it means is that the penalty phase of the trial will be redone, she may very well still get the DP and at the very least LWOP. So by no means is it a victory.

I certainly cannot see the judge giving Jodi 25 years. The murder was too horrific for her to ever be let out in society again. So she will die in prison with her so called "victory".

I agree with all those points so allow me to elaborate on why I felt it was a victory for Jodi.

At this point all she can "win" is to stay off death row and preserve all avenues of appeal. The jury deadlocked means she's halfway home to accomplishing goal #1. The state now has an enormous burden to undertake should they decide to even try this phase again under a new jury. Money's not an issue for Jodi. If they do, she merely needs another deadlocked jury and then she's accomplished both goals.

She has rights under our system to appeal so I think she'd be an idiot to give those up and I suspect she won't.

Sea Ray wrote:

Gizmo711 wrote:

Sea Ray wrote:I agree that the jury deadlocked at 8-4 in favor of death was a victory for Jodi. I also don't see any reason for her to do a plea deal at this point

I certainly wouldn't say that it was a victory by any means. All it means is that the penalty phase of the trial will be redone, she may very well still get the DP and at the very least LWOP. So by no means is it a victory.

I certainly cannot see the judge giving Jodi 25 years. The murder was too horrific for her to ever be let out in society again. So she will die in prison with her so called "victory".

I agree with all those points so allow me to elaborate on why I felt it was a victory for Jodi.

At this point all she can "win" is to stay off death row and preserve all avenues of appeal. The jury deadlocked means she's halfway home to accomplishing goal #1. The state now has an enormous burden to undertake should they decide to even try this phase again under a new jury. Money's not an issue for Jodi. If they do, she merely needs another deadlocked jury and then she's accomplished both goals.

She has rights under our system to appeal so I think she'd be an idiot to give those up and I suspect she won't.

And aren't those just fabulous choices for a young, 33 year old woman to be facing.

Exactly Nan, I don't know of many people that would consider her position as a victory. Jodi is doomed which ever way one looks at it. But the state will pick another jury and I'm sure this time they will make sure that no one on this jury will be afraid of imposing the DS.

With all four of those jurors, they only chose LWOP because they didn't believe in the DS. There is no way at all that this case didn't scream for the DS. I'm sure harder detailed questions will be asked of the new jury prior to redoing the sentencing phase. The state will try to make extra sure that the new jurors don't have any problems with issuing the DS.

There were NO mitigating circumstances in this case. Those four would have used the fact that Jodi "was born" as a mitigation. The state more than proved their case, the evidence showed premeditation and the poor man was slaughtered.

Another jury will do.

Hi Gizmo

Apart from being born and having a mother and father and siblings Jodi did not have a lot of redeeming features that readily come to mind. Even Jodi said she didn't have any mitigating factors.

I disagree with the DP. But I'm not prepared to do any advocacy for Jodi Arias. I'd rather try and get some justice for that poor Hoskins guy. Here's hoping the Trial delay will allow for some good scrutiny. Maybe we can bring some pressure to bear.

Wanted to say thanks for the post.

Hi Giz. Once again I agree, no win for JA, however I can see where she may think it is cuz no one love's JA more then JA and she think's everyone love's her as much as she love's her, lol. IMO the next round will be easier for the prosecution as the jury had great question's and now that some of them have spoken the prosecution will know where to go to strengthen his case against JA.

One Wonders wrote:Hi Giz. Once again I agree, no win for JA, however I can see where she may think it is cuz no one love's JA more then JA and she think's everyone love's her as much as she love's her, lol. IMO the next round will be easier for the prosecution as the jury had great question's and now that some of them have spoken the prosecution will know where to go to strengthen his case against JA.

I totally agree> And LaV had the nerve to say that Jodi suffers from "low self esteem". I never encountered a person with such high self esteem as Jodi. She is overly confident, she actually thinks that she will one day walk a free woman.

As for the judge getting emotional with that last verdict, I think it was more disgust than anything else. I believe that the judge just knew this thing would be over and when it came back that no verdict could be reached it just got to her. That foreman didn't have enough respect for the judge to even say that they couldn't reach a verdict and be told to try again. That foreman wanted to go home and wasn't about to be sent back again so instead of informing the judge that no decision could be reached, he announced it as "a verdict". This eliminated having to be sent back again. Those four were against the DS and had no business being on that jury. If they had qualms about issuing the DS, that's ok, not all of us would have been able to sign our name to putting someone to death. But they should not have been on that jury, bottom line. So I believe that the judge was more frustrated than emotional at that point, but that's just my opinion.

Hey Giz, I agree with you about the judge, she was frustrated with the jury and I agree with you that it was not emotional at all, it sounded as though she was disgusted with the outcome as we all were. I watched Dr. Drew last night for a bit and it was said that the family will continue to fight for the DP, I give them so much credit and respect for holding Travis to their hearts and forging ahead. It would be easy to settle, but these kids are not going to let Jodi get away with this barbaric killing. Jodi must hate the family for their determination to see her gone, removed from this earth. They know this evil woman will never shut up and keep Travis from the peace he deserves. If she is dead she can't haunt the family, and that works for me. I just got a feeling if she did get LWOP, she would somehow carry on her BS and keep hurting this family. Jodi loves Jodi and screw everybody else. No remorse, arrogant and a smart ass. If you have enough time in jail you can read the dictionary and memorize the damn thing and sound educated. She has nothing to offer the world or the people of AZ. It is getting really hot here in AZ, we are already in the 106-111 degrees range, the family will weather the heat and get to court and see this through. I want the jurors to be screened thorughly and really pick jurors that can without reservations on the DP regardless of her age and lack of a criminal record, slaughtering Travis in such a heinous way should cover the spectrum of anything she did or did not do before, during or after this killing. The four jurors that found something worthy in Jodi was sickening, I hope they don't collaborate on some book on their expierence and BS jury duty they served. I would hope it would not make a buck, there is something about the foreman that just bugs the hell out of me. Travis had said some mean things to her, many believe it was because she was going to let that phone sex recording go public and try like hell to destroy him. That is the only thing that I can think of that would hurt him as much as the day his dad died. That was profound pain for Travis, very deep and gut wrenching, and I don't believe for a minute that she is mental, just damn evil. Thanks guys, feel better already, venting is so healing, I love our forum.

Nell Belle wrote:Hey Giz, I agree with you about the judge, she was frustrated with the jury and I agree with you that it was not emotional at all, it sounded as though she was disgusted with the outcome as we all were. I watched Dr. Drew last night for a bit and it was said that the family will continue to fight for the DP, I give them so much credit and respect for holding Travis to their hearts and forging ahead. It would be easy to settle, but these kids are not going to let Jodi get away with this barbaric killing. Jodi must hate the family for their determination to see her gone, removed from this earth. They know this evil woman will never shut up and keep Travis from the peace he deserves. If she is dead she can't haunt the family, and that works for me. I just got a feeling if she did get LWOP, she would somehow carry on her BS and keep hurting this family. Jodi loves Jodi and screw everybody else. No remorse, arrogant and a smart ass. If you have enough time in jail you can read the dictionary and memorize the damn thing and sound educated. She has nothing to offer the world or the people of AZ. It is getting really hot here in AZ, we are already in the 106-111 degrees range, the family will weather the heat and get to court and see this through. I want the jurors to be screened thorughly and really pick jurors that can without reservations on the DP regardless of her age and lack of a criminal record, slaughtering Travis in such a heinous way should cover the spectrum of anything she did or did not do before, during or after this killing. The four jurors that found something worthy in Jodi was sickening, I hope they don't collaborate on some book on their expierence and BS jury duty they served. I would hope it would not make a buck, there is something about the foreman that just bugs the hell out of me. Travis had said some mean things to her, many believe it was because she was going to let that phone sex recording go public and try like hell to destroy him. That is the only thing that I can think of that would hurt him as much as the day his dad died. That was profound pain for Travis, very deep and gut wrenching, and I don't believe for a minute that she is mental, just damn evil. Thanks guys, feel better already, venting is so healing, I love our forum.

Thank you, Nell Belle! Well said.

Nell Belle wrote:Hey Giz, I agree with you about the judge, she was frustrated with the jury and I agree with you that it was not emotional at all, it sounded as though she was disgusted with the outcome as we all were. I watched Dr. Drew last night for a bit and it was said that the family will continue to fight for the DP, I give them so much credit and respect for holding Travis to their hearts and forging ahead. It would be easy to settle, but these kids are not going to let Jodi get away with this barbaric killing. Jodi must hate the family for their determination to see her gone, removed from this earth. They know this evil woman will never shut up and keep Travis from the peace he deserves. If she is dead she can't haunt the family, and that works for me. I just got a feeling if she did get LWOP, she would somehow carry on her BS and keep hurting this family. Jodi loves Jodi and screw everybody else. No remorse, arrogant and a smart ass. If you have enough time in jail you can read the dictionary and memorize the damn thing and sound educated. She has nothing to offer the world or the people of AZ. It is getting really hot here in AZ, we are already in the 106-111 degrees range, the family will weather the heat and get to court and see this through. I want the jurors to be screened thorughly and really pick jurors that can without reservations on the DP regardless of her age and lack of a criminal record, slaughtering Travis in such a heinous way should cover the spectrum of anything she did or did not do before, during or after this killing. The four jurors that found something worthy in Jodi was sickening, I hope they don't collaborate on some book on their expierence and BS jury duty they served. I would hope it would not make a buck, there is something about the foreman that just bugs the hell out of me. Travis had said some mean things to her, many believe it was because she was going to let that phone sex recording go public and try like hell to destroy him. That is the only thing that I can think of that would hurt him as much as the day his dad died. That was profound pain for Travis, very deep and gut wrenching, and I don't believe for a minute that she is mental, just damn evil. Thanks guys, feel better already, venting is so healing, I love our forum.

I agree, Jodi will never stop dogging Travis. She wants to hurt his family as much as she can. I wonder if she gets the DS will she still be able to talk to the media, while waiting to die? But either0 way., one way or the other, Jodi will manage to get her words out there. Probably thru her BBF Donovan.

Thanks Nan and Giz, sorry I have not been posting as much as I would like, kids out for summer and it is to hot to let them out...lol... they play on the puter and swim at night and by that time I am talking to the house plants and they are talking back...lol... this forum is so classy and a wonderful outlet for people who are passionate for justice. I love the team of friends here and gonna be around a long time God willing... ... so happy to have found you all.

Nell Belle wrote:Thanks Nan and Giz, sorry I have not been posting as much as I would like, kids out for summer and it is to hot to let them out...lol... they play on the puter and swim at night and by that time I am talking to the house plants and they are talking back...lol... this forum is so classy and a wonderful outlet for people who are passionate for justice. I love the team of friends here and gonna be around a long time God willing... ... so happy to have found you all.

I was going to say if the plant's don't answer, you have no problem's, lol. Hang in there Nell someone's alway's around to have a chat with you so that you don't think your going stir crazy.