Jodi Arias’
defense attorneys motion to vacate the jury’s finding of an aggravating factor
in her murder trial has been denied by Judge Sherry Stephens. Kirk Nurmi’s motion challenged the landmark
2002 Ring v. Arizona Supreme Court ruling finding that allowing the sentencing
judge, without a jury, to find aggravating circumstances necessary for the
imposition of the death penalty violated the Federal Constitution’s Sixth
Amendment right to trial by jury.
The motion
was always a stretch, but the defense’s motion argued that the jury lacked the
legal knowledge and expertise to recognize what made a particular murder more cruel
and heinous than another. With the
motion denied, the trial jury’s finding of the aggravating factor stands –
making Arias eligible for the death penalty when her sentencing retrial
begins. The next status hearing is
scheduled for August 26, 2013.
As Arias
sits in jail waiting to learn her fate, she continues to promote books and
magazines she has received from her “supporters”. Her latest tweet says she’s maxed out on the
number of books she’s allowed to have, so if you were considering sending her
one, don’t! Yeah, that was meant to be sarcastic. The murderer turned humanitarian says “when
Jodi finishes reading, at her request, every book, periodical and newspaper she
receives are donated to less fortunate inmates”. Potential jury pool, did you hear that?
It seems
people are at odds at whether the State of Arizona should go through with the
time and expense of choosing a new jury for sentencing. I feel that since expense was not a
consideration in Arias’ defense during the guilt phase, it’s only fair that
Travis Alexander have the same consideration in sparing no expense to ensure a
jury decides his killer’s fate. It’s the
law in Arizona, like it or not – a jury, not a judge decides. Unless the second jury deadlocks, at which
time the death penalty is taken off the table since a judge cannot impose
it. I suppose we should take some solace
in knowing the most lenient sentence she could receive is life with the
possibility for release after serving 25 years.
Having the possibility of release doesn’t mean she will be released, it
just makes it a possibility.
The decision
will ultimately come down to the decision of County District Attorney Bill
Montgomery’s office and the Alexander family’s input will be of great
importance. I think the defense is
hoping these delays in sentencing will serve as a cooling off period in the
court of public opinion, and they hope people will lose interest in this case
and it’s outcome. I don’t think that is
going to happen. While it appears Arias
has people who support her while in jail, the public’s shock and sorrow over
what happened to Travis Alexander is not going to fade until Arias has been
sentenced and sent to prison.
What will
happen at the next status hearing? Will
Judge Stephens set a firm date to begin jury selection? Will the prosecution do anything differently
during jury selection to ensure they have a death penalty qualified jury? I’m not going to criticize the first jury on
their decision, mostly because I wasn’t in the jury room and didn’t hear their
arguments. It can’t be easy to sentence
somebody to death, but they clearly knew it would be a possibility in this
trial. I don’t know what prosecutor Juan
Martinez could have done differently.
The State put on a great case, the defense offered no REAL mitigation –
yet the jury deadlocked. Sentencing can’t
be put off forever. There will be
justice for Travis.
