Jodi Arias Trial Part 8 EXTREME CRUELTY: PROVEN

[Luv'sTink]

Wendy Murphy, JD
specializing in the representation of crime victims, women and children.

http://wendymurphylaw.com/jodi-hannibal-lecter-arias/

The most striking observation the author makes is that the Ninth Circuit Court of Appeals, which will ultimately decide the constitutionality of the verdict in Arias case if she is sentenced to death, has overturned the death penalty in no less than thirteen cases in the past decade alone based on defense counsel intentionally committing ineffective assistance of counsel by failing to put on mitigation evidence during the sentencing hearing.

If that was the plan in Arias case, then all the pundits were wrong when they said it was strange that the defense attorneys didnt call Jodi Arias family members and friends to testify about mitigation evidence. It wasnt strange, it was strategic, some would say unethical, but it had nothing to do with the witnesses being threatened or afraid to testify for fear of what might be brought up during cross-examination.

Arias lawyers hedged their bets, knowing that even if Jodis entire family and all her childhood friends took the stand and begged for her life, the jury would still vote for death simply because no amount of mitigation evidence would make a dent in the mountain of reasons that justify imposition of the ultimate punishment.

By refusing to put Arias friends and family on the stand, defense attorneys knew they might lose the battle but would likely win the war if the jury voted for death. The Ninth Circuits predisposition to reverse death penalty verdicts when mitigation witnesses are not called was a near guarantee that Arias would never be put to death. This remains a viable strategic option given that a new jury will be impaneled to decide the death penalty issue in July, which means we can expect Arias family members again to sit silent instead of begging for Jodis life. Perhaps the prosecutor should consider calling Jodis mother to the stand, if only to expose the strategy and create a record that would at least make it more difficult for the Ninth Circuit to indulge the nonsense.

 

[Uncle Remus]

Everyone is leaving me tomorrow! I am almost physically sick. How can I do this on my own?!? I know everyone has to get back to real life but still, I've been weeping all day. It's going to be a hard transition. It's going to be ME and only ME. DH is working long hours

Feeling a bit gun shy....

I agree with this great advice below:

Deep breath! You can do this. You are an awesome mother.

Piglet , it is hard when everyone is gone. You learn to sleep when she sleeps. That way you get rest also. Take it one day at a time. How is she sleeping? How are you doing? Weeping is a normal feeling. New mommy and unsure of things. We have all been through it. This is your time to get to know her and play with her. If you feel like it, you can go out for a short walk and both of you get fresh air. But let her get used to the normal noise in the house.Talk her ear off. Don't let her know you feel stressed, she will pick up on that. Before you know it 6 months will go by. We are here for you!

Piglet Girl

Just take it one day at a time. Sleep when Charlotte sleeps. Don't worry about the house, you will get caught up eventually. Try and go outside a little each day (even if it's just outside to sit in a chair). Use your crockpot for meals. We are here for you!

==============================================================

I took a break from the Arias trial and am slowly catching up. I'm about 15-20 pages behind - lol!

The jury did their job. They found her guilty of 1st degree premeditated murder that was especially cruel, so the death penalty could be applied. The jury didn't agree during the penalty phase, there was a split and there was no way they would get to a unanimous vote. It is what it is.

I don't understand the anger towards people who spent 5 months of their lives sitting in the jury box listening to testimony, answering questions and applying the law when deliberating. The four jurors who voted for life are not stupid, and their lives shouldn't be threatened in any way, shape or form. They found mitigating circumstances, doesn't mean they were wrong and the others were right. I don't like the pitch fork mentality that is happening on the internet towards them, or that some have received threats. They DID their civic duty.



I find that as I get older, I tend to see more gray areas than I did when I was younger. I want to understand the reason or the circumstances behind a person's actions, and possibly have empathy or sympathy. I believe you can have sympathy for a person and still hold them responsible for the actions.

As far as prison, I think for the most part prison is about punishment, but there are certain crimes where I believe it should be about punishment and rehabilitation. Not all crimes are the same, not all felonies are the same. There are people who deserve a second chance in life and the tools for the second chance. Certain crimes don't ever deserve a second chance, such as premeditated murder, violent crimes against children, rape. etc.

Regarding the sheriff's video on life in maximum security, yeah it's not a picnic, it is pretty much isolation and very harsh conditions. My oldest brother was in the military for 20 years and then he became a sheriff in WA. He worked the max security wing. You gotta be tough to be there, and the life is rough for prisoners.

I was very disturbed by the woman, I think her name was Marcia Powell, who died while in custody. She was serving a sentence for prostitution and she should never have died in prison. They (the guards) didn't perform their jobs, and the fact that not one guard was held legally responsible irks me. She shouldn't have been left in the heat and sun in Arizona for four hours. She pleaded for water and to be moved. Her skin was burned from being so hot. She died because they were negligent. It's disgusting.

As far as Arias goes, I wonder if the Alexander family would be okay with LWOP. If the prosecutor could get the judge to approve it and have the DP taken off the table. Reading about the next trial, it could take weeks, if not months just to sit a jury, and then another 6 weeks minimum for the trial phase.

Always a pleasure to read your comments when you jump back in!!

Wendy Murphy, JD
specializing in the representation of crime victims, women and children.

http://wendymurphylaw.com/jodi-hannibal-lecter-arias/

Thanks for posting that.

This case was always ONLY about the death penalty, as evidenced by the fact that Arias’ lawyers played their hand during trial as if the only thing they cared about was persuading a single male juror to resist voting for death. Indeed, allowing Arias to testify falsely under oath for eighteen days may have amounted to legal malpractice otherwise. But they knew that having a cute female defendant talk about oral and anal sex for weeks, and describe how she “bent over” for Travis Alexander, followed by the playing of a recording of Arias engaging in phone sex with the guy until orgasm, would surely, um, stimulate the male jurors to think about all sorts of things OTHER than the near decapitation of an innocent murder victim.

We don’t know yet whether the four jurors who voted to spare Arias’ life were all males, but there’s a good chance it was the guys who felt the strongest about not putting Arias to death, and who can blame them after listening to porn for 18 days? Asking men to vote for death after 18 days thinking about Arias performing oral sex is too much of a buzz kill in the boxers.

Plus, guys like to protect girls in danger, especially when they dress up like 12 year-old librarians, even if that danger is an appropriate legal judgment of death by lethal injection.

Anyone who kept their erogenous zones in check while watching this five-month saga unfold saw the shtick for what it was from day one. The only question was whether the male jurors would be smart enough to vote for death notwithstanding their tingly parts. Now we know, sadly, that the answer is no.

http://wendymurphylaw.com/jodi-hannibal-lecter-arias/

Seriously?

Maybe it should be a law that men can't be on juries for trials with female defendants.

I'll leave it at that.

 

[showmeman]

Wendy Murphy, JD
specializing in the representation of crime victims, women and children.

http://wendymurphylaw.com/jodi-hannibal-lecter-arias/

Good article by Wendy Murphy, JD.

A second jury for the penalty phase only will probably not be as sympathetic to JA as the first because JA won't be on the stand for 18 days. It was said that part of the Defense strategy in putting her up on the stand for 18 days was to make her more human and hope that some of the jurists bond with her to at least save her life.

A second jury will the photos of the victim and the crime scene, hear some of the testimony enough to get a background of the case before JA mitigates before them. In fact, the defense will have to put up witnesses or JA will probably get Death.

 

[pigletgirl]

C eats well. Today at her first appt she was 6lbs 8 oz, she has gained 2 oz since her appt Friday at the hospital. She tends to cat nap at night and sleep longer stretches during the day. Only concern is that she doesn't like to be put down much and often naps in my arms or wrap. I hate hearing her scream which she does during every change when we unwrap her. So far the transition has been overwhelming and I really didn't expect that. DH has been amazing and so supportive as is everyone else but between my entire head of hair falling out ( feels like it), and my hip bones not feeling aligned its been an interesting experience thus far. Don't get me wrong, I love my baby to death and THRILLED that she is here, I am just overwhelmed at times. My mom flies home in the morning and I know I will be crying as we take everyone to the airport. This post makes me weepy all over again.

I can do this. I can do this. I can do this.

Thanks gals for the support!

 

[Luv'sTink]

C eats well. Today at her first appt she was 6lbs 8 oz, she has gained 2 oz since her appt Friday at the hospital. She tends to cat nap at night and sleep longer stretches during the day. Only concern is that she doesn't like to be put down much and often naps in my arms or wrap. I hate hearing her scream which she does during every change when we unwrap her. So far the transition has been overwhelming and I really didn't expect that. DH has been amazing and so supportive as is everyone else but between my entire head of hair falling out ( feels like it), and my hip bones not feeling aligned its been an interesting experience thus far. Don't get me wrong, I love my baby to death and THRILLED that she is here, I am just overwhelmed at times. My mom flies home in the morning and I know I will be crying as we take everyone to the airport. This post makes me weepy all over again.

I can do this. I can do this. I can do this.

Thanks gals for the support!

Everything you are describing is absolutely normal. My son slept two hours at a time around the clock, until I went back to work at 3 months then things had to change. Maybe try to keep the top half of her wrapped, even if the blanket is just laying on her chest, when you change her.

I'll be honest, there was a time when my son was a newborn that I thought to myself - OMGosh what have I done! Don't get me wrong I loved him and all but I still thought life will never be the same! Now my son is 16 and there are days I wish I had my little boy back!

You can do it, you can, heck you are doing it!

 

[usnuzuloose]

C eats well. Today at her first appt she was 6lbs 8 oz, she has gained 2 oz since her appt Friday at the hospital. She tends to cat nap at night and sleep longer stretches during the day. Only concern is that she doesn't like to be put down much and often naps in my arms or wrap. I hate hearing her scream which she does during every change when we unwrap her. So far the transition has been overwhelming and I really didn't expect that. DH has been amazing and so supportive as is everyone else but between my entire head of hair falling out ( feels like it), and my hip bones not feeling aligned its been an interesting experience thus far. Don't get me wrong, I love my baby to death and THRILLED that she is here, I am just overwhelmed at times. My mom flies home in the morning and I know I will be crying as we take everyone to the airport. This post makes me weepy all over again.

I can do this. I can do this. I can do this.

Thanks gals for the support!

I know you have the strength. Sleep when she does. And sometimes it is ok to let them cry and not hold them all the time. Develops lungs. With mine I made sure they adapted to the noise so I did not have to tip toe around. Your hips will feel sore. You will feel overwhelmed. But take one day at a time. You mom felt the same way. Our bodies go through a rough patch with birth. It's ok to cry. At some point you will try to keep her up more during the day so she will sleep at night.

 

[horseshowmom]

Wendy Murphy, JD
specializing in the representation of crime victims, women and children.

The most striking observation the author makes is that the Ninth Circuit Court of Appeals, which will ultimately decide the constitutionality of the verdict in Arias case if she is sentenced to death, has overturned the death penalty in no less than thirteen cases in the past decade alone based on defense counsel intentionally committing ineffective assistance of counsel by failing to put on mitigation evidence during the sentencing hearing.

If that was the plan in Arias case, then all the pundits were wrong when they said it was strange that the defense attorneys didnt call Jodi Arias family members and friends to testify about mitigation evidence. It wasnt strange, it was strategic, some would say unethical, but it had nothing to do with the witnesses being threatened or afraid to testify for fear of what might be brought up during cross-examination.

Arias lawyers hedged their bets, knowing that even if Jodis entire family and all her childhood friends took the stand and begged for her life, the jury would still vote for death simply because no amount of mitigation evidence would make a dent in the mountain of reasons that justify imposition of the ultimate punishment.

By refusing to put Arias friends and family on the stand, defense attorneys knew they might lose the battle but would likely win the war if the jury voted for death. The Ninth Circuits predisposition to reverse death penalty verdicts when mitigation witnesses are not called was a near guarantee that Arias would never be put to death. This remains a viable strategic option given that a new jury will be impaneled to decide the death penalty issue in July, which means we can expect Arias family members again to sit silent instead of begging for Jodis life. Perhaps the prosecutor should consider calling Jodis mother to the stand, if only to expose the strategy and create a record that would at least make it more difficult for the Ninth Circuit to indulge the nonsense.

If this is the case, and I do think it has very strong possibility of being so, something should be done to prevent this sort of thing by defense teams. It's playing the system at a great expense to the public. Obviously, there will be automatic appeals anyway, but this isn't the way it should be happening.

Everything you are describing is absolutely normal. My son slept two hours at a time around the clock, until I went back to work at 3 months then things had to change. Maybe try to keep the top half of her wrapped, even if the blanket is just laying on her chest, when you change her.

You can do it, you can, heck you are doing it!

You'll make it. It just seems overwhelming right now.

 

[usnuzuloose]

If this is the case, and I do think it has very strong possibility of being so, something should be done to prevent this sort of thing by defense teams. It's playing the system at a great expense to the public. Obviously, there will be automatic appeals anyway, but this isn't the way it should be happening.



You'll make it. It just seems overwhelming right now.

If I remember correctly , the judge made sure it was on record that she did not hold anyone back from for Jodi. So I don't know if that would not hold up. Plus they had Darryl waiting, and they chose not to call anyone, so they screwed up on their own. And they kept Juan from mentioning Jodi showed no remorse. They want to crucify the state, Jodi is the one who left all the evidence in full view for her own fate. The state is also doing their job. Jodi just made it easier for them. This probably does not happen very often where the defendant leaves so evidence you don't really have to work hard at it.

 

[PizzieDuster]

piglet...

I remember my hubby setting me up in the rocker, TV clicker here, bottle of water there, toast with peanut butter cut up here, all other baby stuff next to the chair and then the silence of the door behind him.

Then...my two other kids coming home from school, the bus stop, was the BIG EVENT of the day!

But mostly, my husband walking through the door and I would just say "here". I would go to sleep until about 2am and do it all over the next day.

It gets so much easier. Those 2 boys are 24 and 20 now and that lil girl is now 14 Getting her braces off in 2 weeks.

But I will never forget the smell of toast and peanut butter and the sound of the door closing behind my husband. Silence. TV on with clicker in my hand. And I would sometimes cry. Can I just shower? Anyone?

 

[PebblesMK]

C eats well. Today at her first appt she was 6lbs 8 oz, she has gained 2 oz since her appt Friday at the hospital. She tends to cat nap at night and sleep longer stretches during the day. Only concern is that she doesn't like to be put down much and often naps in my arms or wrap. I hate hearing her scream which she does during every change when we unwrap her. So far the transition has been overwhelming and I really didn't expect that. DH has been amazing and so supportive as is everyone else but between my entire head of hair falling out ( feels like it), and my hip bones not feeling aligned its been an interesting experience thus far. Don't get me wrong, I love my baby to death and THRILLED that she is here, I am just overwhelmed at times. My mom flies home in the morning and I know I will be crying as we take everyone to the airport. This post makes me weepy all over again.

I can do this. I can do this. I can do this.

Thanks gals for the support!

You can do it! Don't be afraid to ask for help, even from friends. I know you don't have the advantage of your moms near you, but there were a few times my daughter would be sick and cry and cry and cry. I called up my mom and she'd come over and hold her and I'd go lock myself in the bedroom or bathroom and call myself a failure that couldn't handle being a mom...then I got over it and went back to parenting. It's not easy, but it will get easier.

When you change Charlotte, have a warm blanket that you can cover her with, she's most likely cold and that's no fun. Others say it's okay to let your baby cry and not pick her up everytime and you can try it. My kid liked being held ALL the time and I ended up wearing her in one of those slingy thingys. Soon enough she'll be exploring the world around her and once she learns to move around, it will be hard to get her to sit still! Girls are definitely more calm than boys though, be grateful for that!

And when all of that fails and you feel like a failure, bury your face in her softness, breathe her in, cry along with her and you'll find that you keep moving forward and each day will become easier and more amazing. At least until she's 12ish, then you'll be back to square one and you'll feel like crying all over again over the attitude and everything else!

Just keep swimming, Just keep swimming...

 

[Oreo Cookie]

In my opinion, Wendy Murphy is part of the pitch fork crowd. She's acting like the only option is death, and that is not the law. The four jurors who voted for life did nothing wrong. They found mitigating factors, and that is there choice. I wanted the DP for Arias, but I respect all of the jurors.

Also, I don't take Wendy Murphy seriously at all. She was an absolute A** during the Duke LaCrosse rape allegations, and she has never apologized to those men - All of whom were innocent. She went on to support the prosecutor and felt that is was okay for him to hide exculpatory evidence. She doesn't support the law, she wants the law only to work in her favor. She doesn't believe in the rules of law, and shouldn't be taken seriously.

As a final point, how ignorant and insulting she is to state that men vote with the private parts, and not based upon the law. That's just so wrong. Again, justice was served, they found Arias guilty of premeditated murder, and found during the aggravation phase that the murder was "especially cruel". The only decision left if the penalty, life or DP.

 

[sbtrfly74]

Dr Drew interview with juror 6 last night

http://www.youtube.com/watch?v=eC77Bqt905E

JVL interview with juror 10 an alternate

http://www.hlntv.com/video/2013/05/28/jvm-arias-juror-speaks

 

[Luv'sTink]

If this is the case, and I do think it has very strong possibility of being so, something should be done to prevent this sort of thing by defense teams. It's playing the system at a great expense to the public. Obviously, there will be automatic appeals anyway, but this isn't the way it should be happening.

It seems crazy they can/could do this. It said they were suppose to be reported

If I remember correctly , the judge made sure it was on record that she did not hold anyone back from for Jodi. So I don't know if that would not hold up. Plus they had Darryl waiting, and they chose not to call anyone, so they screwed up on their own. And they kept Juan from mentioning Jodi showed no remorse. They want to crucify the state, Jodi is the one who left all the evidence in full view for her own fate. The state is also doing their job. Jodi just made it easier for them. This probably does not happen very often where the defendant leaves so evidence you don't really have to work hard at it.

That's what I thought too, Darryl said he was told he was not needed. I wonder though if that is why the Judge has such a look on her face the day they said they were not calling anyone and then asked if JA was going to give her statement.

In my opinion, Wendy Murphy is part of the pitch fork crowd. She's acting like the only option is death, and that is not the law. The four jurors who voted for life did nothing wrong. They found mitigating factors, and that is there choice. I wanted the DP for Arias, but I respect all of the jurors.

Also, I don't take Wendy Murphy seriously at all. She was an absolute A** during the Duke LaCrosse rape allegations, and she has never apologized to those men - All of whom were innocent. She went on to support the prosecutor and felt that is was okay for him to hide exculpatory evidence. She doesn't support the law, she wants the law only to work in her favor. She doesn't believe in the rules of law, and shouldn't be taken seriously.

As a final point, how ignorant and insulting she is to state that men vote with the private parts, and not based upon the law. That's just so wrong. Again, justice was served, they found Arias guilty of premeditated murder, and found during the aggravation phase that the murder was "especially cruel". The only decision left if the penalty, life or DP.

Yeah, some of what she said was over the top, but I found the part I quoted interesting. Many were wondering why her DT didn't call anyone on her behalf and why did they tried to get removed from her case. If what she says is true in respect to the Ninth Circuit Court then that explains a lot.

Pretty much everything about this case needs to be taken with a grain of salt, no matter which side you fall on.

 

[Ride Junkie]

C eats well. Today at her first appt she was 6lbs 8 oz, she has gained 2 oz since her appt Friday at the hospital. She tends to cat nap at night and sleep longer stretches during the day. Only concern is that she doesn't like to be put down much and often naps in my arms or wrap. I hate hearing her scream which she does during every change when we unwrap her. So far the transition has been overwhelming and I really didn't expect that. DH has been amazing and so supportive as is everyone else but between my entire head of hair falling out ( feels like it), and my hip bones not feeling aligned its been an interesting experience thus far. Don't get me wrong, I love my baby to death and THRILLED that she is here, I am just overwhelmed at times. My mom flies home in the morning and I know I will be crying as we take everyone to the airport. This post makes me weepy all over again.

I can do this. I can do this. I can do this.

Thanks gals for the support!

Hang in there! It IS overwhelming at first. It's funny looking back though, in the first week or so, I didn't want any help from family (except DH of course. He was the retriever of food.). I wanted my baby all to myself. Our families are local, so it wasn't like we had either of our moms staying with us. They came by to visit here and there, but we did everything ourselves. I suppose I did most of it since I was the "milk maid". DH did the same as a previous poster: he set me up next to the rocking chair with my pillow, remote, glass of ice water, and food. I agree with the other pp about showers! There just never seems to be time. When she slept, I slept! I would usually just ask DH, "Can you please watch her while I take a shower?" It wasn't so bad as he got more used to caring for her.

Oh, and the hair falling out thing. I swear I pulled a ferret out of the hair trap after each shower! After a while it slowed and my hair went back to normal (thin).

Hang in there, you'll do great!

 

[usnuzuloose]

Hang in there! It IS overwhelming at first. It's funny looking back though, in the first week or so, I didn't want any help from family (except DH of course. He was the retriever of food.). I wanted my baby all to myself. Our families are local, so it wasn't like we had either of our moms staying with us. They came by to visit here and there, but we did everything ourselves. I suppose I did most of it since I was the "milk maid". DH did the same as a previous poster: he set me up next to the rocking chair with my pillow, remote, glass of ice water, and food. I agree with the other pp about showers! There just never seems to be time. When she slept, I slept! I would usually just ask DH, "Can you please watch her while I take a shower?" It wasn't so bad as he got more used to caring for her.

Oh, and the hair falling out thing. I swear I pulled a ferret out of the hair trap after each shower! After a while it slowed and my hair went back to normal (thin).

Hang in there, you'll do great!

I have a question have you ever went to a trial in the courthouse here?

 

[sbtrfly74]

I have a question have you ever went to a trial in the courthouse here?

Only for myself....

Lol was a divorce case and I did actually have to be sworn in and go into the witness box but I know what you mean by an actual trial

Off topic a little bit I will say I did kinda get embarrassed after the attorneys conversed. I was sitting with my Dad at the back of the courtroom and my attorney came over to me and said "he wants a DNA test" which I shamefully burst out laughing for a second and had to leave the room.

I left and told my attorney fine as long as ex-DH paid for it. My DD now 20 now looked just like him to a T but with red hair and my DD now 17 didnt look like either one of us, she looked like a cross between a Hawaiian and an Eskimo and she was actually conceived in Hawaii. He paid the $600 and then had to pay child support for 2 kids

 

[usnuzuloose]

Only for myself....

Lol was a divorce case and I did actually have to be sworn in and go into the witness box but I know what you mean by an actual trial

Off topic a little bit I will say I did kinda get embarrassed after the attorneys conversed. I was sitting with my Dad at the back of the courtroom and my attorney came over to me and said "he wants a DNA test" which I shamefully burst out laughing for a second and had to leave the room.

I left and told my attorney fine as long as ex-DH paid for it. My DD now 20 now looked just like him to a T but with red hair and my DD now 17 didnt look like either one of us, she looked like a cross between a Hawaiian and an Eskimo and she was actually conceived in Hawaii. He paid the $600 and then had to pay child support for 2 kids

That is allot for a DNA test. Yikes. May I ask what year that was?

 

[sbtrfly74]

That is allot for a DNA test. Yikes. May I ask what year that was?

It was 2001 and DNA test for 2 kids court ordered through their lab. Not like the DNA tests you can get now over the counter and send in the mail. I didnt mind it wasnt my money.

On topic just though of something... lots of ppl are speculating that JA and Travis did not have sex on June 4th and she used a timer to take the pics. Was looking (ick again) at the pictures and one of the pics of her on her back w/o her face in it has his knee in the bottom right corner of the photo. Just wanted to throw that out there since for some stupid reason I was thinking about it Im now officially trial withdrawn!

 

[reelmom]

http://www.azcentral.com/community/...view-arias-appeal-case-abrk.html?sf13342508=1

 

[usnuzuloose]

It was 2001 and DNA test for 2 kids court ordered through their lab. Not like the DNA tests you can get now over the counter and send in the mail. I didnt mind it wasnt my money.

On topic just though of something... lots of ppl are speculating that JA and Travis did not have sex on June 4th and she used a timer to take the pics. Was looking (ick again) at the pictures and one of the pics of her on her back w/o her face in it has his knee in the bottom right corner of the photo. Just wanted to throw that out there since for some stupid reason I was thinking about it Im now officially trial withdrawn!

I did not know they have them over the counter. My DH has an issue but the girl is well in her twenty's.

I think like that, I don't believe they had sex either. I will go back and view the pictures. Go look at the state page and see the stuff the DT filed and lost going to the supreme court....