"You are entitled to your own opinions, but you are not entitled to your own facts." D. Moynihan
See my profile page for the location of my "Dear Diary" posts in the Jodi thread. http://mydeathspace.com/vb/member.php?82091-Justice11
Can someone spell out every possible outcome/verdict/sentencing for this trial?
Are they something like this -
1. Not guilty- she walks fee
2. Hung jury - they can take her to court again
3. 2nd degree murder- (some form of sentence)
4. Felony Murder -life with parole or LWOP
5. first degree murder- LWP or LWOP
?????
Oh. forgot to put death penalty in there as a choice -
also, does jury decide both verdict and sentence, or is the sentence determined by verdict?
here is a link to all the evidence pics - including the naughty pics lisa- and it has the autopsy photos where is shoe the head where the bullet entered and the xray where the bullet ended up also the bullet cartridge sitting on top of the blood
http://www.huffingtonpost.com/2013/0...#slide=1963273
"You are entitled to your own opinions, but you are not entitled to your own facts." D. Moynihan
See my profile page for the location of my "Dear Diary" posts in the Jodi thread. http://mydeathspace.com/vb/member.php?82091-Justice11
if it gets ruled as manslaughter I'll shit my pants.
"You are entitled to your own opinions, but you are not entitled to your own facts." D. Moynihan
See my profile page for the location of my "Dear Diary" posts in the Jodi thread. http://mydeathspace.com/vb/member.php?82091-Justice11
"You are entitled to your own opinions, but you are not entitled to your own facts." D. Moynihan
See my profile page for the location of my "Dear Diary" posts in the Jodi thread. http://mydeathspace.com/vb/member.php?82091-Justice11
She washed the body in the shower. As other experts have said, lack of blood at the bullet entry could also happen with severe blood loss / other injuries.
Not to mention, if there is no blood in other wounds after washing him, its possible this wound rec'd the same water bath.
I doubt it will be important in the long run. She killed him three times so the jury can take their pick. Is there a juror that brings knives and guns for their sexual incounters? lol
For some reason, it seems to be important legally to both sides. Might have something to do with the DP. Since the state lost most of it's arguements on that Probable Cause for the DP, perhaps Juan is trying to recover something during trial? He got one argument accepted though which qualified this case for DP. After reading a lot of DP appeals, I think he's covering all angles because of appeal issues.
yes this - the judge had the discretion to offer the jury the option to a lesser charge to vote for because right now the state is only charging her w/ murder 1/felony murder - one of the talking heads on HLN said that usually doesn't happen on self defense cases - but it is HLN, so i take it w/ a grain of salt
w/ the shot coming last after he was dead, it shows the cruel intent they need to get the DP, after the neck slice there is no way he could have moved - if the shot came first and he still was going after her, they can still say it was self defense, that she kept stabbing because he was still coming until she finally sliced his neck
OK, so jury first just has to concern themselves with verdict. Do they have to also then decide on penalty? And do they decide penalty?
I guess my concern is that if they felt like DP is not an option, could that sway them to try to go for a less charge, or could they feel confident in a more serious charge but without the DP?
Hope that makes sense.
DP decision has to be determined by the jury. Surpreme Court slapped the hands of all states in that regard. In fact it is now a famous decision that came out of an Arizona case; Ring v Arizona
Supreme Court Declares Juries, Not Judges Must Decide Critical Sentencing Issues
In a 7-2 decision in the case of Ring v. Arizona, the U.S. Supreme Court held that a defendant has the right to have a jury, rather than a judge, decide on the existence of an aggravating factor that makes the defendant eligible for the death penalty. In its decision, the Court held that a death sentence where the necessary aggravating factors are determined by a judge violates a defendant's constitutional right to a trial by jury.
"You are entitled to your own opinions, but you are not entitled to your own facts." D. Moynihan
See my profile page for the location of my "Dear Diary" posts in the Jodi thread. http://mydeathspace.com/vb/member.php?82091-Justice11
She already admitted she killed him. She wanted to cop a manslaughter plea, but prosecution denied it.
I think they need to prove the crime was "heinous" to get 1st degree in Arizona.
The blood all over the place shows Travis was trying to get away while he was bleeding and suffering, which make it heinous, in other words, cruel.
I've been catching up on the trial from day 1 and I was surprised to find there are a lot of easily navigable links on the Jodi is Innocent website.
No Harlette the DP "cruel' was determined by the judge with the gun shot FIRST theory. But then backed up by this Judge basically saying seq doesn't matter.
In its Notice of Intent to Seek Death Penalty, Aggravating Factors, Witnesses and
Evidence, filed October 31, 2008, the state alleges one aggravating circumstance, A.R.S. ?13-
751(F)(6) (especially heinous, cruel or depraved). At the hearing, the State asserted that in
addition to the cruelty prong, it was relying on the following theories to support the heinous and
depraved prong: gratuitous violence, needless mutilation, helplessness and senselessness.1
The Court finds that the State has proved that there is probable cause to believe that the
offense was especially cruel under the theory that it involved both physical and mental suffering
of the victim.
1 The State did not argue that the defendant relished the murder. The evidence showed that the
defendant photographed the victim in the shower shortly before attacking him and several
inadvertent photos were taken during the attack due to the configuration of the digital camera.
The Court finds that the State has waived relishing as a factor to support a finding of heinousness
or depravity
Heinous and/or Depraved
The Court finds that the State has not established probable cause that the victim was
helpless.
Gratuitous Violence
Based on this evidence, there is no
showing that the defendant continued to injure the victim after she had fatally wounded him.
Mutilation
The Court finds that the State has failed to prove that there is probable cause to believe
that the offense was committed in an especially heinous or depraved manner.
Lord don't even get me started! Phony assholes get on juries saying they could vote DP, then later we find out they say shit like, well who am I to take someone's live to justify why they didn't vote DP.
I don't try to be difficult but realisticly, Jurors are bleeding hearts for any old sob story BS plus the other baggage they bring with like the above lie mentioned. Any staunch anti DP could lie just to make sure we don't kill the bitch.
All it takes is one and DP is no more. I'm not a big prodeath person, but in some cases like these, where it is obvious they sliced and diced another human being, screw it, stop feeding them and send them to their final judge in hell. But with that, now I'm being unrealistic because the odds of the DP actually ever even sticking is extremely low. The laws have changed so much FOR the defendants it sits for years and years on appeals. And with anti DP lobbying and TV false expectations, appeals overturned, it means little anymore.
There are currently 65 users browsing this thread. (0 members and 65 guests)