Most people agree the way the Jodi Arias trial was conducted, and presented as the Jodi Arias show, was a bad advertisement for the adversarial approach to justice and in particular the judicial system in Arizona. Because of this it is debatable the final outcome will be seen as satisfactory.
Jodi Arias was found guilty in Maricopa County, Arizona, of murder in the first degree in 2013, for the brutal slaying of her boyfriend, Travis Alexander in 2008.
Whether under the inquisitorial or the adversarial system, it is difficult to imagine a trial in Europe being conducted in such a manner. I followed the trial closely from shortly after the opening day – Jan 2nd 2013.
The result of the Jury’s failure to reach a verdict
When it came to the sentencing phase The jury was unable to reach agreement on whether Arias should be executed or not. As a result, she languished in prison for more than five years before her fate was decided.
The amount of controversy, hatred, and passion, that was fuelled by an insatiable media circus determined to extend the Jodi Arias show, was sad to witness.
Seldom, if ever, has a low-profile person been publicly exposed to such a degree.
The jury was not sequestered. Some of them may have been threatened. Witnesses certainly were, and some refused to give, what could have been, vital evidence.
It was a disgraceful show of incompetence by the authorities.
Prosecution case circumstantial
The prosecution case was built on circumstantial evidence, and the prosecutor, Juan Martinez had a difficult time proving much of what he presented to the jury. In addition, a number of vital witnesses appeared to have been less than credible.
Perjury is a serious offence. Yet it appears now, and sometimes seemed obvious during the trial, that, not just one but, a number of witnesses perjured themselves.
Jodi Arias, herself, admitted to lying and changing her story several times. There was no adequate protection for the jury or witnesses, so it is difficult to see how this could have been a fair trial, for the victim, Alexander or for Arias herself.
It wasn’t surprising the Jury did not impose the death penalty? How could they when the verdict was based on circumstantial evidence.
One wonders if they later felt guilty they returned a Murder 1 verdict, and it was the only way they could say ‘We are sorry Jodi Arias’ Please understand that we feared for our own safety so we sacrificed you.’
The first Jodi Arias trial was riddled with perjury
The prosecution case was based on circumstantial evidence, and the prosecutor, Juan Martinez had a difficult time proving much of what he presented to the jury.
In addition, several vital witnesses appeared to be less than credible.
Perjury is a serious offence. Yet it appeared, and sometimes seemed obvious during the trial, that several witnesses perjured themselves.
Did Jodi Arias confess to murdering Travis Alexander?
In the end she did. But she admitted to lying and changing her story several times.
No adequate protection was given
The judge, Sherry Stephens, provided no adequate protection for the jury or witnesses. So it was difficult to see how it could be a fair trial, for the victim, Alexander or for Arias herself.
It wasn’t surprising the Jury did not agree on the death penalty.
Was it possible they were confused, and later felt guilty after they returned a Murder 1 verdict. Was it the only way they could say We are sorry Jodi Arias. Please understand we feared for our own safety, so we sacrificed you.
The Jodi Arias Show went on
Because the jury failed in the sentencing phase, the Jodi Arias show was far from over.
There was to be an Evidentiary Hearing, followed by Oral Argument a week later. Then there was a Settlement Conference scheduled three weeks after that. Then there was the lengthy appeal process which was sure to follow.
All this time the supporters of Travis Alexander continued baying for blood, while Jodi Arias supporters kept on saying it was self-defence. And the media continued fleecing the public of their hard-earned cash as they made sure the Jodi Arias show rolled on.
The made for TV movie Dirty Little Secret was shot in sixteen days, classified as a drama, and released while the first trial was still in progress.
No-one was surprised by anything where the Jodi Arias trial was concerned.
Fear of Perjury charges
If the conviction was ever overturned and the case went down as a miscarriage of justice, some witnesses could face perjury charges.
Sentencing – Jodi Arias pre-trial hearings held in private
Jodi Arias was convicted of first-degree murder in Maricopa, Arizona in May 2013. But the jury did not reach agreement when it came to the sentencing phase. They were undecided regarding whether she should be executed.
So, the judge ordered sentencing pre-trial hearings on 5 Oct and 18 Oct 2013, to be held in private, closing them to the public. It is unusual for a hearing of this nature to be closed to the public. But the judge felt there were extenuating circumstances attached to the case, and it was the right course of action.
Defence requests are ignored
The defence lawyers wanted the retrial moved out of the Phoenix metropolitan area because of the publicity. But it proved to be too much to expect the judge to move the location of the trial outside Maricopa County. It always looked unlikely, and proved to be so, when the request was turned down.
The defence also wanted the jury to be sequestered. Meaning they couldn’t go home during the trial and would be monitored throughout as closely as kindergarten schoolchildren. Numerous television news shows, and newspapers covered the case, so it was virtually impossible for jurors not to be aware of public opinion and not be influenced in some measure.
Why the judge refused sequestration of the Jury, was a mystery. And inevitably it had an adverse effect on the trial.
The defence wanted the judge to compel all jurors to reveal their Twitter user names. Then accounts could be monitored to ensure they weren’t communicating with others about the case. Why did she refuse?
Dirty Little Secret – Left a Bad Taste
The TV movie Dirty Little Secret, which was made during the trial, is said to have attracted 3.1 million viewers. Releasing it before the outcome was known was reproachful, but undoubtedly profitable. It was argued, the same intense publicity and media scrutiny surrounding the trial would be prevalent in the second penalty phase as well. Thereby making a fair trial nigh on impossible.
How was a fair trial possible?
Rational thinking people continued to wonder how Jodi Arias could get an impartial jury?
Although some people believed it was possible, as there were three million residents in the Maricopa County. The odds were against it. Even with that many people, it would be hard to find anyone in Maricopa who knew nothing about the case, as it was such big news.
One positive was that potential jurors are normally interviewed collectively by the prosecution and defence attorneys. In this case they were interviewed individually in private. It took a long time but offered the possibility of a better outcome in the selection process.
The judge was under huge pressure to allow live media coverage of the death penalty phase. It was expected she would allow media coverage, with strict controls
Would a Plea Bargain bury the Truth?
The prosecution sought the death penalty, but there was a feeling of a plea bargain deal in the air, which would definitely have ruled out an appeal. And Life with no possibility of parole seemed to be the likely scenario if a plea bargain was struck. A deal would probably bury the truth, if not forever, for a very long time.
When the fate of Jodi Arias was unknown
We can postulate about the Jodi Arias case, but unfortunately for all parties, it was a monumental mess from the start. Whichever side of the fence you sat on, you were probably as dazed and confused as you could be.
So, what was next in the Jodi Arias case?
It seemed easy to forget she was convicted of First Degree Murder when her fate was still unknown?
What must it have been like for Arias, her family, and the family of Travis Alexander?
To be convicted of murder in any degree must be a terrible feeling. But when the State’s incompetence adds further torture to the convicted and the victim’s family, it becomes unbearable for everyone.
A system whereby a person’s fate cannot be decided for years is flawed.
Rational decisions seemed impossible
And the longer it continued the more difficult it became for rational decisions to be made. Procrastination was the order of the day. It seemed, looking on, that no-one was capable of making a decision.
How can it be acceptable or morally right for a judiciary, made up of professional legal experts, to hand the responsibility of deciding whether a person should be executed or not, to a handful of lay folk who don’t have the necessary legal experience.
Because the Pre-Trial sentencing hearings were held in private; closed to the public by the Judge, the public were not privy to what happened. We had no idea what we would be fed by the authorities, and I assume the families did not know either.
Final Thoughts
Eventually, following two mistrials, Jodi Arias was sentenced to life in prison without the possibility of parole.
The Court of Appeals decided Prosecutor Martinez’s courtroom behavior – he was later disbarred – did not influence the outcome of the case. They determined the guilty verdict was a result of overwhelming evidence of guilt, not as a result of prosecutorial misconduct, and upheld the conviction.
But there were many people who continued to have serious misgivings about the outcome of the Jodi Arias case. And the JAA Appellate Fund continued to collect donations to fund further appeals and protestations.
The Jodi Arias show may go on for years to come and who knows what the eventual result will be. What is certain is by the time the Jodi Arias show becomes an historic event, we may still not know the truth.
Jodi Arias Latest News
Here is the Jodi Arias latest news update I have, as at early March 2022.
The following abstract is from – Jodi Arias Is Innocent.com.
The website is a good source for Jodi Arias latest news. But it is primarily a site for those who believe the conviction of Jodi Arias was wrong. And it continues to promote the collecting of donations which are still being accepted from the public to support her legal struggle.
The News
- In 2021, Jodi Arias took a college English course which she completed with a 4.0 grade-point average.
- The fight to overturn her conviction entered the post-conviction relief phase (PCR) in the same year.
- Her attorney spent much of 2021 combing through more than one hundred boxes of files and CDs. Many of them came from several different offices and at least five different attorneys.
- The boxes were apparently mislabeled and poorly organised.
- So, trying to arrange and make sense of them has delayed the process.
She’s guilty as sin and the evidence proved it beyond a reasonable doubt.
The Arias family is trash and scammers. They deserve all the hate that comes their way.
Hi Geebee. Thanks for your comments. I don’t believe that is what happened either. I just put it out there as a possible scenario which, as I said, I hope isn’t true. If you think the jury failed to understand the evidence, that is a perfectly reasonable assumption. However, if that assumption is true they could only have reached a verdict if they were unaware of their failing to understand. In other words; if they knew they didn’t understand the evidence they should not have reached a verdict. That is why I posed the scenario that in hindsight or fear of reprisal they may have felt their verdict was wrong. Regards James
Monique. This case has concerned me from the start and there is so much that just doesn’t make sense. I have a strong feeling that we may never know the true facts and have wanted to write something for some time. Since I got this Blog going in August I thought this may be an opportunity. I am aware of jodiariasisguilty.com and have given it a wide berth since first seeing the content. I can’t imagine how you and your family must feel but I do empathise with you. The things that sadden me most are: the bitterness and hatred that has been directed by many towards another human being, the unprofessional and irresponsible attitude of sections of the media and the disdain and contempt for the truth and justice shown by many. No doubt you aware of Richard Speight’s splendid Blog http://www.herrspeightsventures.com/Innocence.html. Keep your chin up. Regards James
I just want to say thank you for looking at this from all angles. You hit the nail right on the head when you mentioned how the media has had such a detrimental affect on this trial. Not only that, but now the whole Arias family has been dealing with Social Media Harassment issues. There is a person who owns a jodiariasisguilty.com website who has not only posted degrading comments and pictures of most of the Arias family, but also parts of out addresses and work places! Every day I fear for the safety of my family, that one of these followers of this website is going to show up at our door and try to harm us! I’m currently taking steps toward filing a complaint with the FBI, but I really don’t know how much that will help. Anyway, thanks again for posting a more real and fair opinion about this trial. Sincerely,
Monique
“But please understand that we feared for our own safety so we sacrificed you.”
I don’t believe that is what happened, I think the jurors did the best they could, but failed to understand the evidence, due partly to the circus atmosphere, partly due to the difficulty of the case, partly because the trial was badly managed, and the jurors not properly helped ( electronic devices in the jury room – I ask you! )
Anyway, I am English, and have brother-in-law in Thailand, so nice to hear your perspective.
I am also absolutely certain Jodi is innocent, but appreciate other people may not have studied the evidence carefully ( and even evidence that was not presented in court )
Good article though
🙂