Jodi Arias Back In Court For Sentencing Hearing Today

1aPHOENIX –  As she awaits a decision by  prosecutors on the future of her murder case, Jodi Arias and her attorneys are  returning to court Tuesday to ask the judge to throw out the jury’s finding that  made her eligible for the death penalty.

Arias was convicted of first-degree murder May 8 in the stabbing and shooting  death of Travis Alexander in his suburban Phoenix home. About two weeks later,  the same jury failed to reach a unanimous decision on whether to sentence Arias  to life in prison or death.

Her case is now in limbo as prosecutors decide whether to put  on another penalty phase with a new jury in pursuit of the death penalty — or simply take the death penalty off the table, a move that would either see  Arias spend the rest of her life behind bars or be eligible for release after 25  years. That decision would be up to the judge.

The oral arguments Tuesday focus on a determination by the Arias jury that  she killed her one-time lover in an “especially cruel” manner. The determination  meant that Arias was eligible for the death penalty.

Arias’ attorneys argue  that the definition of “especially cruel” is too vague for jurors with no  legal experience to determine what makes one killing more cruel or heinous than  another. Their June motion appears to challenge a landmark 2002 U.S. Supreme  Court ruling that found a defendant has the right to have a jury, rather than a  judge, decide on the existence of an aggravating factor that makes the defendant  eligible for capital punishment.

The high court in that case, which originated in Arizona, determined that  allowing judges to make such findings violated a defendant’s constitutional  right to a trial by jury. Prosecutors argue that state and federal courts have  found the process continues to pass constitutional muster, and that the defense  motion lacks merit.

Maricopa County Attorney Bill Montgomery has said the state is preparing to  seek the death penalty again for Arias, but would consider resolving the case  without another trial after consultation with the victim’s family and defense  lawyers, among other things. He said the cost of the case would play no role in  his office’s decision whether to retry Arias.

Taxpayers  footed the bill for Arias’ court-appointed attorneys throughout her nearly  five-month trial at a cost so far of nearly $1.7 million, a price tag that will  only balloon if the case moves forward.

Montgomery has declined to publicly release the cost his office incurred  prosecuting the case.

Just seating a new impartial jury could take weeks, given the widespread  publicity of the trial that captured headlines worldwide with lurid tales of  sex, betrayal and a bloody killing. That lengthy process would be followed by  reading testimony and evidence to bring the fresh panel up to speed before  jurors would once again attempt to decide whether Arias should live or die.

If the second panel failed to reach a unanimous decision, the death penalty  would automatically be removed from consideration, and the judge would sentence  Arias to life.


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83 Comments for “Jodi Arias Back In Court For Sentencing Hearing Today”

  1. ๑۩ dee ۩๑

    Jodi Arias
    The State rejected my 3rd request for a plea to settle quietly and less expensively. Off to retrial we go. Sorry, taxpayers.

    Jodi Arias
    A few of my dedicated haters came all the way 2 court 2day just 2 glare at me. I’m flattered. Thought it was I who had nothing better 2 do.

  2. David

    OMG – she is such a pathetic freak.

    ๑۩ dee ۩๑
    July 17, 2013 – 8:39 am
    Jodi Arias
    The State rejected my 3rd request for a plea to settle quietly and less expensively. Off to retrial we go. Sorry, taxpayers.

    Jodi Arias
    A few of my dedicated haters came all the way 2 court 2day just 2 glare at me. I’m flattered. Thought it was I who had nothing better 2 do.

  3. Sal

    Does anyone know if the Alexander family attended the hearing yesterday?

    Did the jodi’s family attend?

    TQ, Sal

  4. ♥♪ shoozeyque♪♥

    Do you think that the more time passes by before this DP retrial occurs, that it could be more likely that she will not get the DP? Sometimes, time has a way of eroding angry emotions. What do you think?

  5. Sal – thanks for your comments about the filing of the civil suit. Travis’s family was not there yesterday at the hearing. They said his friends were there. Jodi didn’t have any family/friends there, also. I think the more time between the trial and the upcoming sentencing trial may be good for the defense. The sentencing phase should really be starting this month……..what a waste of everyone’s time. I pray for the Alexander family.

  6. Harleygirl

    I agree Shoozeyque, The more time passes the worse it is for the state but I hope that the Alexander family does everything possible to get the DP. They have rights too unlike Travis does now. This woman just really gets under my skin. I look at Travis’s pictures and he was young and vibrant and really do not think he was violent or evil but when I see her I see nothing good in her. She hurt animals and her own family and there were no people around her in this trial because she manipulated and destroyed any relationships she had. She is too evil to cultivate a healthy friendship with anybody. Her m.o. with people is “what can you do for me”. JMO.

  7. Harleygirl

    stabby will never change, she is an arrogant B. She enjoys her little game of looking down on people and getting under their skin. She definitely has a God complex. She loved having the power of deciding whether Travis got to live or die. She literally bathed in his blood and enjoyed it. I feel she took awhile to kill him because she enjoyed it so much. She loved being upclose and personal in the act of killing him. It almost seemed like she was bragging about it when she was on the stand.

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