03-07-2015, 02:55 PM
[quote='NERN' pid='695' dateline='1425683259']
"Trust me she's not gonna get a new Penalty Hearing based on this jurors actions."
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Agree Nern, Arias won't get a new penalty hearing based on that jurors actions. That jurors actions or lack thereof will be determined by law, if in fact there were any select omissions during vetting. I do however have a concern.
When I listened to Arias discuss with JSS her intent to allocute, JSS noted her attorneys stated she did not want to - Arias said that it wasn't true, she did want to allocute. Arias' understanding was that her allocution was not direct testimony, that is fact, and therefore (paraphrasing here) her belief was that she could allocute, but her desire was to do this in secrecy. Arias asked JSS to restate her decision...and that was that the court had ruled Arias could not testify in secrecy. See my point? To allocute is not the same as direct "testimony" which the higher court said will not be done in secrecy.
Whether there is an example in law as to how allocution will be given, I don't know. Will that become an issue for Arias? I don't know. My concern here, if that is an issue for an appeal, it would hinge on whether her allocution potentially could have resulted in LWP vs LWOP post the hung jury on the death penalty. No one at this point knows what JSS's sentencing will be but we're all virtually anticipating natural life - in the event that doesn't happen, surely the civilians will riot.
Looking closer at this issue, would Arias in fact choose to pursue this matter if it is valid? I say this because, the thrust of the defense was to avoid the death penalty at all costs, they accomplished that with the assassination of Travis' character. But, when the notice for the hung jury was announced, I had this odd feeling that Arias was dissatisfied with the result! One being because she will not have the advantage of full legal counsel at a cost to the state and two, that she would not have the benefits on death row. I really don't think the idea of general population is something she looks forward to and if this is an issue that can be appealed, the question is whether the case would be or could be overturned. We have 30 days to see if any actions can be or will be made.
Another issue on why I think Arias wasn't satisfied with a hung jury - natural life doesn't afford her the opportunity to appeal. LWP allows her some options - I feel she hopes for that but is more concerned that she won't be given what she wants...to have control. Both money and connections will be lost on the one sentence she detests, natural life.
"Trust me she's not gonna get a new Penalty Hearing based on this jurors actions."
___________________________________________________________________________
Agree Nern, Arias won't get a new penalty hearing based on that jurors actions. That jurors actions or lack thereof will be determined by law, if in fact there were any select omissions during vetting. I do however have a concern.
When I listened to Arias discuss with JSS her intent to allocute, JSS noted her attorneys stated she did not want to - Arias said that it wasn't true, she did want to allocute. Arias' understanding was that her allocution was not direct testimony, that is fact, and therefore (paraphrasing here) her belief was that she could allocute, but her desire was to do this in secrecy. Arias asked JSS to restate her decision...and that was that the court had ruled Arias could not testify in secrecy. See my point? To allocute is not the same as direct "testimony" which the higher court said will not be done in secrecy.
Whether there is an example in law as to how allocution will be given, I don't know. Will that become an issue for Arias? I don't know. My concern here, if that is an issue for an appeal, it would hinge on whether her allocution potentially could have resulted in LWP vs LWOP post the hung jury on the death penalty. No one at this point knows what JSS's sentencing will be but we're all virtually anticipating natural life - in the event that doesn't happen, surely the civilians will riot.
Looking closer at this issue, would Arias in fact choose to pursue this matter if it is valid? I say this because, the thrust of the defense was to avoid the death penalty at all costs, they accomplished that with the assassination of Travis' character. But, when the notice for the hung jury was announced, I had this odd feeling that Arias was dissatisfied with the result! One being because she will not have the advantage of full legal counsel at a cost to the state and two, that she would not have the benefits on death row. I really don't think the idea of general population is something she looks forward to and if this is an issue that can be appealed, the question is whether the case would be or could be overturned. We have 30 days to see if any actions can be or will be made.
Another issue on why I think Arias wasn't satisfied with a hung jury - natural life doesn't afford her the opportunity to appeal. LWP allows her some options - I feel she hopes for that but is more concerned that she won't be given what she wants...to have control. Both money and connections will be lost on the one sentence she detests, natural life.