Jodi Arias’ defense attorneys filed a motion for a mistrial after a witness and longtime childhood friend of Arias, Patricia Womack, told defense attorneys that she was withdrawing her offer to testify because she was being threatened. Ms. Arias’ Criminal Defense Attorneys Kirk Nurmi and Co-counsel Jennifer Willmott also filed a motion to withdraw, which may be explained by the fact that there is a conflict between them and their client. Defense attorneys are arguing to save Arias’ life after a jury found her guilty on May 8, 2013 of first degree murder of her ex-boyfriend Travis Alexander. However, Arias gave an interview to KSAX-TV right after her conviction stating “she preferred death over life in prison.” Judge Sherry Stephens denied both motions at the hearing on Monday May 18, 2013.
Thirty year old Alexander was found dead in his Mesa Arizona home in 2008, with a gun shot in the head, stabbed nearly 30 times and his throat slit. Arias, 32, said she killed Alexander, her secret lover, in self-defense. During the four month trial, Arias’ defense team argued that Travis Alexander was a sexual deviant and womanizer who forced Arias to act in self-defense in his death. After more than 15 hours of deliberation, the jury reached a verdict indicating that it rejected the self-defense claim and the defense psychologist Richard Samuels’ diagnosis that Arias suffered from PTSD and acute stress disorder.
The jury that convicted Arias declared that she was eligible for the death penalty. Arias is expected to testify at her sentencing hearing this week. Her testimony could depend on whether the jury will decide to impose the death penalty or life in prison for the death of Alexander. Alexander’s family testified in open court about the emotional devastation the murder has caused them. Darryl Brewer, an ex-boyfriend of Arias, is expected to testify on her behalf at the sentencing hearing and may be her only witness if family or other friends do not decide to testify.
Judge Sherry Stephens instructed jurors they could consider a number of mitigating facts when deciding what sentence to impose such as Arias’ character, background, lack of a prior criminal record, abusive childhood and that she is a talented artist. Under Arizona law, if the jury cannot reach a unanimous decision on sentencing, they will be dismissed and a new jury would be selected to hear arguments and determine the sentence. If the second jury panel is unable to reach a decision, then it would be up to the Judge to impose the sentence.
The jury began its third day of deliberations on whether to sentence the defendant to death. There is a possibility that prosecutors may retry the penalty phase of the case if the jury is deadlocked. The district attorney’s office of Maricopa County, Arizona will have to weigh whether the time and resources of finding a new jury, setting new court dates, and trying to reach a death sentence, which could take months, are a good option if the jury can’t reach a unanimous decision.
Fighting Arizona Murder Charges
In Arizona, a murder conviction could mean long prison sentences including life in prison without the possibility of parole or the death penalty, fines and having to pay restitution to the victim’s family. If you are facing Arizona charges of murder in the first degree, murder in the second degree, manslaughter, aggravated assault or other related offenses, the assistance of an experienced Arizona criminal defense attorney is necessary to help you fight these serious charges. The attorney will be able to raise strong defenses on your behalf such as self-defense, defense of others, accident, not guilty by reason of insanity, diminished capacity, negligence and other defenses to try and get your charges reduced to a lesser crime, get you a plea bargain or get the case dismissed.
