Appellate Options – Debunked

1- The ultimate error: failure to sequester the jury in high profile international case
STANDARD 19: SEQUESTRATION OF JURORS

(a) A JURY SHOULD BE SEQUESTERED ONLY FOR THE PURPOSE OF INSULATING ITS
MEMBERS FROM IMPROPER INFORMATION OR INFLUENCES.

(b) THE TRIAL JUDGE SHOULD HAVE THE DISCRETION TO SEQUESTER A JURY ON
THE MOTION OF COUNSEL OR ON THE JUDGE’S INITIATIVE, AND THE
RESPONSIBILITY TO OVERSEE THE CONDITIONS OF SEQUESTRATION.

(c) STANDARD PROCEDURES SHOULD BE PROMULGATED TO MAKE CERTAIN THAT:

(i) THE PURPOSE OF SEQUESTRATION IS ACHIEVED; AND

(ii) THE INCONVENIENCE AND DISCOMFORT OF THE SEQUESTERED JURORS IS
MINIMIZED.

(d) TRAINING SHOULD BE PROVIDED TO PERSONNEL WHO ESCORT AND ASSIST
JURORS DURING SEQUESTRATION. USE OF PERSONNEL ACTIVELY ENGAGED IN
LAW ENFORCEMENT FOR ESCORTING AND ASSISTING JURORS DURING
SEQUESTRATION IS DISCOURAGED.

41 days into the trial, Nurmi asked for sequester. Denied.
http://youtu.be/CbtpgT460mQ (http://youtu.be/CbtpgT460mQ?t=5m50s)

 

“The court asks the question of the jurors every morning, ‘Have you seen anything on the media?’

 

 

2- How can Juan Martinez charge Jodi Arias with felony murder?

“the offense involved the discharge, use or threatening exhibit of a .25 caliber hand gun and/or a knife or deadly weapon or dangerous instrument and/or the intentional or knowing infliction of serious physical injury”

 

 

3- During closing, Martinez told the jury to put themselves in Travis’ shoes — a blatant violation

did not violate mandatory statute or inject new facts into case.

“To preserve an allegedly improper prosecutorial comment for review, a defendant must object to the comment and move for a mistrial.”

 

 

4- Martinez also told the jury during his closing that if they don’t convict, they’re essentially filling the gas cans — another blatant violation

did not violate mandatory statute or inject new facts into case.

“To preserve an allegedly improper prosecutorial comment for review, a defendant must object to the comment and move for a mistrial.”

 

 

5- Martinez playing the part of a celebrity during a capital murder case

Irrelevant.

 

 

6- Martinez purposely excluded women and minorities from the jury

Peremptory challenge in law refers to a right in jury selection for the attorneys to reject a certain number of potential jurors without stating a reason.

http://www.supreme.state.az.us/jury/jury/jury1j.htm
28 U.S.C. §1870

 

 

7- Martinez accused men who testified for the defense of being in love with Jodi Arias

Samuels past history and unethical act brought that on, not Martinez. Samuels signed an agreement with the state of New Jersey, agreeing to desist and ceasing from crossing boundaries with clients and entering into relationships which may create conflict of interest with the client

 

 

8- Dr. Kevin Horn and Detective Esteban Flores altered their testimony

Martinez went back over this testimony and straightened out that confusion
(It was the Fog.) unlike the Defense who, after having witness after witness discredit themselves (Samuels, LaViolette, Searcy, Collins), did nothing but call prosecutorial misconduct.

 

 

9- Martinez continued to badger witnesses, with behaviors such as:

Arias’ defense attorneys filed numerous motions for mistrial alleging prosecutorial misconduct. All were denied by the judge.

 

 

10- Not allowing the Hughes emails into evidence

The Judge ruled them hearsay.

hearsay – “the report of another person’s words by a witness, usually disallowed as evidence in a court of law.”

 

 

11- Juan Martinez objected on 7 separate occasions during Kirk Nurmi’s closing argument

 “counsel is required to make both timely and specific objections and motions to strike the evidence in order to preserve the
objection for appellate review,’

” where the ground for objection is not apparent from the context of the discussion contained in the record.”

http://digitalcommons.pepperdine.edu/cgi/viewcontent.cgi?article=1321&context=plr

 

 

12- Juan Martinez lied during the penalty phase

The trial afforded Martinez a global audience. If he lied, somewhere someone with standing would have filed paperwork against him. They did not.

You data is wrong.

“it’s not just rare that one convicted of a crime and sentenced to life with parole doesn’t get paroled — it doesn’t happen — period! I have researched and researched, and can find no case in Arizona in which somebody sentenced to life with parole has actually been paroled.”

http://www.huffingtonpost.com/2012/08/15/betty-smithey-released_n_1778434.html

Inmates on Parole – Arizona 2012 – 7460

Source: http://www.bjs.gov/index.cfm?ty=pbdetail&iid=1997

 
13- More about the lynch mob surrounding the Jodi Arias trial and the witness tampering involved which tainted the jury after the failure of Sherry Stephens to sequester the jury

Where have you been? Trial-by-media lynch mob is nothing new.

http://articles.latimes.com/1989-01-24/news/mn-1075_1_ted-bundy

 
14- Not allowing Battered Woman’s Syndrome in despite the obvious abuse

Martinez: Isn’t it true that Mr. Alexander was extremely afraid of the defendant, Jodi Arias, based on her stalking behavior?

LaViolette: He was afraid of her, yes.

Martinez: Because of her stalking behavior, correct?

LaViolette: Correct.

 
15- Judge Sherry Stephens intimating to ignore her own personal bias

Judge Sherry Stephens (announce, state, proclaim, declare, make known, make public, publicize, disclose, reveal, divulge, set forth ) to ignore her own personal bias

What the hell are you even saying!?