04-23-2013, 12:12 PM
(04-22-2013, 10:20 PM)HairOfTheDog Wrote: Defense team is nervous. Hoping that both of these motions are denied. To me, they smell like "do-over" wishes to compensate for the unbelievable self-defense claim and the failures of Samuels and LaViolette.
Snipped:
PHOENIX - Accused Murder Jodi Arias’ defense team is busy with some last minute moves to save her life, including a request to allow jurors to consider lesser charges.
Defense Attorney Kirk Nurmi filed a request on Sunday to add Manslaughter by Sudden Quarrel or Heat of Passion to the jury instructions.
The manslaughter charge typically carries a seven year sentence for defendants with no prior record such as Arias.
The defense is also requesting they be allowed to call another witness to impeach or discredit the prosecution’s expert witness.
In court documents, Attorney Kirk Nurmi writes it is “necessary and critical to Ms. Arias’ defense after this court allowed the state to present new evident during rebuttal via its witness Dr. Janeen DeMarte.”
DeMarte also Arias has borderline personality disorder.
It’s this diagnosis Arias’ defense team cites is new information and gives them the right to call another witness.
Nurmi listed Dr. Robert Geffner as the defense team’s surrebuttal witness. Geffner is a psychologist with 28 years of experience.
He is also the Founder and President of the Family Violence and Sexual Assault Institute in San Diego and often speaks out against domestic violence.
Criminal defense expert Brent Kleinman says typically the prosecution has the last word, but in a death penalty case such as Arias’ the judge will likely allow the new witness to avoid appeals.
Read more: http://www.abc15.com/dpp/news/region_pho...z2RFUdywBv
I'd be surprised that the defense would be allowed a new witness at this point. If i am aware of the process the prosecutions expert witness wasn't a surprise witness, they were well aware of her opinion and what her diagnosis was going to be. If the defense failed to read the reports or what her diagnosis was going to be then that is on them. She has made it perfectly clear that she met Arias a while ago and didn't go back the multiple times that the experts did for the defense so the reports that were compiled were complete and didn't have supplemental parts to them.
I agree that this is straws for them to grasp on to but i don't think they will be allowed. I feel that the charges allowed for the jury should have been established at the beginning of the trial before the cards were laid out. You don't get to see the cards in a 7 card stud and then say i want half the pot back. I think the judge has done a fair job in hearing everything out and making a record of it as stated by others to preserve the record for appeals sake but i don't think there will be much for appeals.
does anyone see reason for appeal? She has been granted reasonable requests, even being given more food than other prisoners for extra calories to help with the migraines. Court has been reschedule for her health, more so than for Casey Anthony and i think that was once for viewing images of her deceased daughter bones if i'm not mistaken. Arias didn't even call out when she viewed all those gruesome pictures over and over again. I agree i am still reeling from the Casey Anthony case too and isn't it amazing, don't know if that is the right word but that a case we aren't personally touched by can have such an impact on society. It's been almost a year and yet i know myself i am still in disbelief that she walked free. What would you do if one day you were walking down the street and you saw Casey Anthony browsing a street rack of clothes?
If appeal is brought up my thought is and maybe this could go both ways but i would bring up the fact that by her own words she said she was not paying attention to her own trial by spacing out, is she not interested in participating in her trial or is it only when it's beneficial to her or when the witnesses say something that she finds interesting. Or is it when the witness says something that she agrees with. Sadly she said this to a question when the witness in question were friends of hers and not expert witnesses so how does that reflect on her, definitely not someone who misses those people and would want to lock their faces to memory and hang on their words.
This was a much longer post than intended! Arizona does things differently that is for sure. I've never heard of surrebuttal witness! so the defense will have another try?