Jodi Arias Trial: Arizona Supreme Court Declines Review of "Cruel" Factor; Arias Execution Still Possible

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image: Court pool camera
The Arizona State Supreme Court today declined to review a petition by Jodi Arias to take the death penalty off the table.
The Arizona Supreme Court won't be reviewing the Jodi Arias case based on her previous claim that prosecutors can't use "especially cruel" as an aggravating factor for her sentencing.

The ruling means that Arias, who was convicted on May 8 of premeditated first-degree murder, is still facing potential execution.

See also:

Psycho Killer: Jodi Arias' Kinky Death-Penalty Trial

Jodi Arias Jury Done -- No Decision on Death Penalty; Mistrial of Penalty Phase Declared; State Wants to Retry

On February 22nd, the state's high court declined to halt the trial until a petition to drop the "cruel" factor from being used -- which would have taken the death penalty off the table -- was reviewed.

Today, the state Supreme Court declined to review the petition itself.

Following the May 23rd mistrial of the penalty phase, court is expected to resume in the case on July 18, when a new jury will be empaneled to decide whether to have Arias executed or put in prison for life.

Today's ruling stems from a motion filed by Arias' defense team which argued that the prosecution's theory of how Arias killed 30-year-old Mesa resident Travis Alexander had changed. First, officials said Alexander was shot, then stabbed. That later changed to the current theory: That Arias attacked Alexander in the shower with a large knife, stabbed him at least 27 times, slit his throat from ear to ear, then shot him with the gun she stole from her grandparents' California home.

Maricopa County Superior Court Judge Sherry Stephens rejected the motion. She stated in her January 10, 2013 ruling that not only was the motion not made on a timely basis, but should be rejected even if it had been filed on time because the sequence of Alexander's wounds were "not material to the issue of whether there was probable cause to believe the offense was especially cruel under the theory the crime involved both physical and mental suffering of the victim."

Stephens went on to write:


The court's findings in August 2009 support that court's determination the victim suffered both physically and mentally regardless of when the wounds were inflicted, and that the defendant knew or should have known that the victim would suffer.

In its ruling, the court noted the victim was stabbed 27 times, had defensive wounds from grabbing the knife and was shot on the right side of his head.

The bullet lodged in the victim's left cheek. The defendant told police the victim was unconscious after being shot but crawled around and was stabbed.

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Image: Lifetime network
Jodi Arias is being played by "Lost" star Tonia Raymonde in an upcoming made-for-TV movie on Lifetime.
Based upon these facts, the court concluded the victim would have felt pain and mental anguish associated with the multiple wounds. The court finds the inaccurate testimony of Detective Flores at the hearing on August 7, 2009 would not have changed the court's finding that the offense was especially cruel and was thus harmless error.


Arias appealed the ruling, but was shot down by the state Court of Appeals on January 30. That defeat led to the unsuccessful attempts to appeal the issue to the state Supreme Court.


In other Arias news:

* Last week, Lifetime network released a trailer for a made-for-TV movie about the Arias murder to air in June. Arias is played by "Lost" star Tonia Raymonde. Jesse Lee Soffer plays Alexander.

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10 comments
ramonmiranda123
ramonmiranda123

we need to stop killing one another,and they should just put her in jail 2 wrongs don't make a right? and be done with it.

mandymarie7835
mandymarie7835

I am glad that Travis suffered before he died. He deserved all of it and maybe even more. This piece of garbage was a womanizing (which is abuse because of the deception involved), controlling, perverted, sociaopathic con-man pedoplile. Thank God that Jodi eliminated this scum bag from our society. Also, whatever suffering he got is so well deserved. He abused Jodi emotionally, mentally, verbally and spiritually. The world is a better place now that this LOSER is gone.  Praise God. Now it's up to Obama to pardon Jodi for her contribution to society.

mary800
mary800

Dear Travis Alexander, may you rest in peace and always be fondly remembered.

Arizona State to retry Jodi Arias, “Penalty Phase P#3”; Scheduled start date is July 18, 2013.

MCSO Statement: JA confined to her cell 23 hours a day and no more media interviews.

Comments: JA convicted of "Premeditated First-Degree Murder’ and “Extreme Cruelty”.

Defense request to quit denied. JA tells jury "Their verdicts are wrong. She is a survivor”.

JA states “A death or life conviction doesn’t matter to me; I’ll be around for a long time”. 

JA, a confessed killer, is a remorseless narcosis, and sociopath with BPD. JA is defiant.

Following the guilty verdicts of phases 1 and 2, the phase 3 verdict will logically be Death.

The last woman executed was 80 years ago. JA will die of old age before being executed.

Of the 12 Jurors, eight imposed the Death penalty. Four Jurors were incapable of doing so!

Ways to FIX Deadlocked Juries: (Get rid of the Death Penalty or enable Juries use of it.)

Supreme courts must replace “Unanimous Agreement” with “Majority Rule”. 

Always have an odd number of jurors. This is common sense. Why can’t we do this?

We must reduce the appeal process to more quickly impose the death penalty on the guilty.

These changes are imperative if we wish to protect families from unnecessary added pain.

 THE FACTS: Is how you say it more important than what you say?1 702 421 3511

disnetinc.com/TravisAlexander.htm

Jack Tumidajski
Jack Tumidajski

'To kill or not to kill' was Arias' decison. The headlne writer is either against the death penalty, a 'Jodi fan' or both!

Jeff Ramon
Jeff Ramon

Who cares? Get over this already... Move on... It's a dead story... Beating a dead horse....

IdontRecall
IdontRecall

@mandymarie7835, why so much anger....uuuummmmmm...let me guess..........U must B another PSYCOTIC BITCH that Mr. Travis (R.I.P.)dumped to the curb. Either that or U R Jodi's BITCH.

Harperd12
Harperd12

@mandymarie7835 You sound just like Sociopath Jodi and her minions.  Thank God we have a justice system, and our world is not run by wackadoos like you.  Jodi will get what's coming to her, and whether it's the death penalty or LWOP, she's not going to like it, and it couldn't please me more!!!!!

ramonmiranda123
ramonmiranda123

we need to stop killing one another,2 wrongs don't make a right they should just put her in jail and be done with it.

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