Is there any hope left for Jodi Arias? As Arias makes her final plea in court Tuesday, she has a seemingly unsurmountable task: convince the same jurors who found her guilty of murder that she is still worthy of life despite the heinous crime she has admitted to committing.
A 32-year-old waitress and aspiring photographer from California, Arias was found guilty May 8 in the grisly premeditated first-degree murder of her ex-boyfriend, Travis Alexander, in June 2008. Arias confessed 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.
Filing a motion asking for a mistrial Sunday, citing that one of the witnesses had backed out at the last moment, defense lawyer Kirk Nurmi pleaded to Judge Sherry Stephens Monday that the case should be thrown out, and Arias retried because her childhood friend, Patricia Womack, refused to testify in light of receiving death threats.
"This is constitutionally unacceptable," Nurmi argued to Judge Stephens.
The threats Womack had allegedly received were "threats on her life if she were to testify on Ms. Arias' behalf," according to the defense's motion.
Judge Stephens swiftly denied the defense's request for a mistrial. After Judge Stephens announced her decision, Nurmi and co-counsel Jennifer Willmott once again renewed their plea to withdraw from defending Arias.
"We are in a position where we cannot provide effective assistance ... We cannot present the complete picture," Nurmi claimed.
Judge Stephens was resolute that the trial would continue into the penalty phase, refusing the motion.
Arias' fate rests on little more than her final testimony at this point. After Judge Stephens denied both the defense's motions for a mistrial and for Arias' lawyers to withdraw from the case, her attorneys announced that they would call no witnesses during the trial's penalty phase.
"Given the court's ruling, and the incomplete picture, we will not be calling witnesses in the defense case," Nurmi told the court room.
Arias was scheduled to testify in court Monday alongside an ex-boyfriend and childhood friend, but proceedings were unexpectedly delayed until Tuesday following a behind-closed-doors conversation in the Judge's chambers with the lawyers. Judge Stephens provided no reason for the delay.
Following her conviction, and subsequent declaration that she preferred the "ultimate freedom" of the death penalty to serving life in prison, Arias' attorneys are seemingly at a loss to mount a defense. During the aggravation phase of the trial, they presented no witnesses and only provided opening and closing arguments. And with the defense's decision to call no final witnesses, Arias will effectively have to defend herself as jurors determine whether she deserves the death penalty.
It's unclear whether or not the prosecution or defense plan to cite Arias' statements in their arguments, but Arias cannot decide her own sentencing. As the trial moves into the penalty phase, the jury will now determine Arias' fate against other possible mitigating circumstances, which could prove to be her saving grace.
While prosecutor Juan Martinez tries to convince jurors Arias deserves the death penalty, the jury will consider various mitigating factors that the defense has often fallen back on throughout the trial in its quest to humanize Arias. Mitigating factors include: Arias' age; Arias' capacity to comprehend the inherent "wrongfulness" of her actions or ability to act within the confines of the law was "significantly impaired; Arias could not possibly have "reasonably" understood ahead of time that her behavior during the act of killing Alexander "would cause, or would create a grave risk of causing, death to another person; While Arias was "legally accountable" for the deeds of another, her involvement was "relatively minor; Arias was suffering "unusual and substantial duress; Arias' alleged rough childhood/family background, and history of domestic abuse as a young girl, and at the hands of Alexander.
The penalty phase of proceedings will act as another kind of "mini-trial." Both the prosecution and defense will have opportunities to cross-examine Arias after she addresses the jury, and both will make closing arguments prior to jury deliberations. A final verdict is expected this week.
If jurors decide that Arias deserves the death penalty, she will become the fourth woman on Arizona's death row, and the first to be executed in the state since a woman was hanged in 1930. A unanimous vote is required to reach the death penalty. Were the jury to deadlock Judge Sherry Stephens will dismiss jurors and the trial will enter jury selection all over again for sentencing. If the second batch can't come to a unanimous decision, Judge Stephens would then have two options. Either sentence Arias to life in prison with no possibility of parole, or sentence her to life in prison with parole possible after at least 25 years behind bars.
The penalty phase of the trial resumes Tuesday at 12:30 p.m. EST.
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