Tag Archives: defense

Jodi’s Not Crazy

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According to Wild About Trial’s Brian Skoloff, Maricopa’s County attorney, Bill Montgomery said that Arias is competent to stand trial and any statement that she isn’t fit for the proceedings “is simply inaccurate.” This is in response to an earlier statement from her defense attorneys that she was mentally ill. (See a previous post). At a news conference today he also said: “We’re continuing to prepare for a retrial.” Apparently both the prosecutor, Juan Martinez and the Alexander family want to pursue the death penalty. A status conference is scheduled for June 20. The retrial date for the start of the penalty phase is scheduled for July 18.

Jodi Mentally Ill?

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In a response to the statement regarding whether to continue the case against Arias the defense said: “If the diagnosis made by the State’s psychologist is correct, the Maricopa County Attorney’s Office is seeking to impose the death penalty upon a mentally ill woman who has no prior criminal history,” they wrote. “Despite Mr. Montgomery’s recent statements to the media, it is not incumbent upon Ms. Arias’ defense counsel to resolve this case. Instead, the choice to end this case sits squarely with Mr. Montgomery and his office. “It is solely for them to determine if continuing to pursue a death sentence upon Ms. Arias, who is already facing a mandatory life sentence, is a good and proper use of taxpayer resources.”

Link to entire article:

http://www.azcentral.com/community/mesa/articles/20130604arias-lawyers-respond-to-montgomery.html

Arias Trial Date Changed?

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According to azcentral.com Jennifer Willmott, one of Arias’ defense attorneys has  a conflict with the trial start date of July 18. This means it is likely the date will be pushed back. The Maricopa County Attorney, Bill Montgomery has stated: “Right now we are preparing for for trial…it would be irresponsible not to prepare, regardless of what final decisions are made.” Earlier Montgomery said that he would be willing to discuss options with the defense attorneys regarding resolving this case: “If they were to make an offer of resolution, I think I have an ethical responsibility to consider that.”

Arias Summary 5/20

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The motion for a mistrial (because Patty was supposedly threatened) has been denied. Martinez pointed out that Patty refused to answer his questions regarding her and the defendant’s drug use. She then left for a few minutes with Nurmi and Wilmott (who are NOT her attorneys). When she returned she ‘took the 5th.’ This means she most likely wouldn’t have testified anyhow. She also apparently never claimed the income from pictures she sold to the Nancy Grace show.

Right after the judge denied the motion Nurmi stated he and Willmott wanted off the case…again. This was also denied. Then when the judge asked to call the witnesses Nurmi informed her they were not going to call ANY witnesses. The judge then asked if the defendant was ready to allocute and this resulted in the parties going back into chambers. We are now waiting.

The court adjourns for the day. Then the judge asks about telling the jury about Patty- apparently the defense wants a jury instruction regarding Ms. Womack. Martinez says it would not be proper as we don’t really know- it could be that the defendant had a ‘bad background.’ Nurmi mentions the jury will wonder why no witnesses as they said there would be two. The judge will indicate to the jury that Ms. Womack is ‘unavailable.’ Martinez asks to approach. Nurmi asks for a stay of these proceedings- it is denied. The jury is brought back in. Judge tells jury they cannot continue today and will resume tomorrow.

Back tomorrow at 9:30.

 

Defense Files For Mistrial

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According to azcentral.com the defense attorneys filed another motion for mistrial on Sunday. They say the witness Patty Womack withdrew from testifying due to death threats. Kirk Nurmi wrote in the motion ‘After returning home Ms. Womack began receiving threats, threats that included threats on her life if she were to testify on Ms. Arias’ behalf. On May 19th, 2013, Ms. Womack contacted counsel for Ms. Arias that she is no longer willing to testify due to these threats. It should also be noted that theses threats follow those made to Alyce LaViolette, a record of which was made ex-parte and under seal.’

The article goes on to say whether a defense attorney presents mitigation evidence becomes an issue on appeal.

Defense Files Another Motion

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5/7/2013- Motion for discovery – Party (001) 5/8/2013

Note: Defendant’s Motion For Discovery Of Victim Impact Statement.

Apparently the defense (party 001) wants to know what the victims will have to say in advance, should there be a verdict. I have never heard of this. An attorney on Websleuths said that by statute the victim does not have to pre-disclose these statements. I expect there will be a hearing soon.

Defense motions

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Apparently the defense is trying to stop the prosecution from calling their remaining rebuttal witnesses. The remaining witnesses are:

1. Suzie Dittman, regarding JA’s bank accounts.

2. Detective Robert Brown -I believe to retrieve photos from JA’s camera proving she was a blond right before the murder. (So she did dye her hair to be less recognizable).

3. Dr. Kevin Horn, the medical examiner. Apparently to remind the shot was last.

4. Detective Flores- the main detective on this case who sits beside JM in court. He may come in to prove the shelf JA said she stepped on to get the gun could not have supported JA’s weight.

I am waiting (impatiently) as they announced the hearing would be live-streamed at 11, then that was cancelled, and now according to ‘Wild About Trial” they may show it ?!!