With much of Jodi Arias' fate resting on the argument that she was domestically abused and psychologically damaged, a voicemail left by Arias prior to her guilty verdict may be brought into evidence by the prosecution to influence the jury's sentencing decision, according to legal experts.
A 32-year-old waitress and aspiring photographer from California, Arias was found guilty last week in the grisly first-degree murder of her ex-boyfriend, Travis Alexander, in June 2008. Arias admitted to killing her former lover, so her guilt wasn't up for debate - but her intent was. Arias' defense revolved around on the beliefs that she could not premeditate murder, or fully comprehend or take responsibility for her actions because Alexander abused her so intensely that it fractured her psyche, and Arias was forced to kill Alexander in self-defense because she feared for her life due to his alleged habitual physical and emotional abuse.
As the trial moves into the "aggravation" phase, jurors will now rule whether or not Arias killed Alexander in a cruel, brutal, or depraved manner, and will then decide if that merits a death sentence or life in prison in the penalty phase. The jury will then consider those factors against other possible mitigating circumstances, like Arias' accusations of physical abuse, and the defense's claims of Post-Traumatic Stress Disorder and acute memory loss.
Medical examiners found that Arias stabbed Alexander 27 times, primarily in the back, as well as the torso and the heart, slit Alexander's throat from ear to ear with so much force it almost decapitated him, shot him in the head, and left his bloodied corpse crumpled over in the bathroom shower of his home - all in the course of 106 seconds.
Minutes after her conviction for premeditated first-degree murder, Arias publicly asked for the death penalty in an exclusive interview.
"The worst outcome for me would be natural life," Arias told FOX10. "Longevity runs in my family, and I don't want to spend the rest of my natural life in one place. I said years ago I'd rather get death than life and that still is true today. I believe death is the ultimate freedom, so I'd rather just have my freedom as soon as I can get it."
According to legal expert and commentator Jean Casarez, a voicemail Arias left the FOX10 reporter before the interview could be used as evidence during sentencing to show Arias' "competency, intent, and ability to understand the surroundings," which could disprove her defense.
"When she says she wants to live or wants to die, that may be a very intentional decision on her part," noted Casarez to HLN.
In the voicemail, Arias laments her decision to grant the reporter an interview. "A deal is a deal, but I regret saying that," says Arias.
She continues: "But, I'm a person of my word, so I'll keep our deal ... I also wanted to let you know, if for some reason the jury comes back with first degree, just come down to the jail. Because I'm not sure how things are going to go ... well, I have an idea but I don't want to wait. So... umm, we tend to get back from court around 6, 6:30, so if the jail... you're going to be down that way, and that's cool, we can go forward. Umm, if it's second-degree or less, I will wait 'til after sentencing. But if it's first degree, for some reason, it'll come right away, but like I said if it's second degree or less, we'll wait 'til after. So, that's that.... Take care. Bye."
Arias maintained throughout the trial that her memory of the day Alexander was killed had "huge gaps," according to The Tri-City Herald, and that she was so traumatized by killing Alexander in self-defense and by Alexander's abuse, that she was currently suffering from PTSD and memory loss.
Arias steadfastly testified that she had been a victim of Alexander's sadistic physical and emotional abuse, detailing various instances in court, which the defense failed to corroborate through evidence. Arias' lawyers built on these stories to portray her as an innocent, naive, devout convert of Mormonism who was sexually exploited by a virtually sociopathic and abusive Alexander.
Many of the jury's questions made it clear that some jurors had a difficult time buying the defense's arguments that Arias is a victim of domestic abuse and has a mental condition that explains her foggy memory of Alexander's killing. The professional opinion of the defense's experts was scrutinized repeatedly in many of the questions.
Dr. Janeen DeMarte, an expert witness for the prosecution, also seemed to easily poke holes in the credibility of the defense's experts, psychotherapist Alyce LaViolette, and psychologist Richard Samuels; based on her review of the psychotherapist's notes, DeMarte said she did not believe LaViolette had conducted a thorough evaluation. DeMarte also said that she believed Arias was afflicted with Borderline Personality Disorder (BPD), not Post Traumatic Stress Disorder (PTSD), or memory problems, and said she showed no signs of domestic abuse, all arguments the defense has repeatedly hammered as an explanation for the numerous discrepancies in Arias' testimony.
Following Arias' declaration that she preferred the death penalty to life in prison, she was placed under suicide watch and "closed custody status" for the weekend. Arias was released from suicide watch Monday and returned to her solitary cell , Maricopa County Sheriff's Office officials announced where she will continue to be held in "closed custody status."
Judge Sherry Stepehens unexpectedly delayed court until May 15 after the verdict was announced. While no reason was specified, the delay was at least partly due to prosecutor Juan Martinez's wish to once again question medical examiner Kevin Horn, who performed the autopsy on Alexander's body.
Horn testified earlier in the trial that Alexander had been stabbed prior to being shot in the head, a statement that contradicts Arias' claim that she shot him in the head and then stabbed him as he continued to fight her. The prosecution's contention that Arias stabbed Alexander before she shot him is significant to the prosecution's case that Arias was not acting in self-defense, and didn't commit a crime of passion, but was rather "posed to strike," and premeditated killing Alexander, a position that will likely play a central role in the prosecution's argument for the death penalty.
Court resumes with the "aggravation phase" Wednesday at 1 p.m. EST.
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