Jodi Arias: Hell Hath No Fury

Juror misconduct allegations! Jodi Arias attorneys ask for mistrial

Attorneys for Jodi Arias filed a motion Sunday asking for a mistrial because of juror misconduct.

In the motion defense attorney Kirk Nurmi stated that they discovered the misconduct during a closed door meeting with jurors on March 28 “to discuss what they may or may not have seen in relation to the State’s decision to pose for pictures and sign autographs outside the courthouse.”

“[I]t is beyond legitimate dispute that Juror 5 is not fair and impartial making her unfit to continue as a juror,” Nurmi wrote.

The details of the hearing are sealed, so it is not yet known which misconduct he is referring to. Nurmi asked the court to use the transcripts of the hearing, which are also sealed, as the factual basis for his motion.

Nurmi alleges that the misconduct on the part of Juror 5 is sufficient to warrant a mistrial.

We are entering the fourth month of the murder trial that has captivated national audiences, and if Judge Stephens grants a mistrial, it would mean that prosecutors have to start all over again. Judge Stephens may also decide to dismiss Juror 5 if she believes that the rest of the jury pool has not been tainted so as to preclude Arias from having a fair and impartial jury.

There are 18 jurors currently sitting in on the trial, although only 12 will be selected to deliberate and determine Arias’ fate.

In order for a mistrial to be declared there must be a showing of actual prejudice. In his motion, Nurmi wrote that “given the facts that came forward … Ms. Arias asserts that she can meet this burden as prejudice can be presumed when it is known that there has been ‘any private communication, contact or tampering directly or indirectly, with a juror during a trial about a matter pending before the jury.”

It is not yet known what “contact” or “tampering” Nurmi is referring to.

Trial is scheduled to resume Tuesday morning after taking Monday off for the Cesar Chavez holiday.

Ryan Kerns, Esq., Wild About Trial

Copyright 2013 Wild About Trial. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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Santee says:

This trial has had one of the best defense displays I’ve ever seen; compared only to that of the OJ’s. The only difference being the sloppy handy work of the investigators in the latter. Otherwise this one should turn up with the correct and obvious verdict as to her planning and execution..

Sandy says:

Are you KIDDING? I’m trying to get past court being closed for Hugo Chavez HOLIDAY! This is America…Not Venezuela!

gilbert says:

Cesar E. Chavez National Holiday works to win national recognition for farm worker leader Cesar Chavez. Join and learn about the Cesar Chavez national….. NOT HUGO CHAVEZ…..

GIL says:

Cesar E. Chavez National Holiday works to win national recognition for farm worker leader Cesar Chavez. Join and learn about the Cesar Chavez nationa

Stephanie says:

Are YOU kidding ME? Are you really that ignorant Sandy?

PABriddle says:

Sounds like they KNOW she is going to lose, big time! The more I watch, the more obsessed I get.

Tina says:

If juror five did something wrong get her out and put in an alternate. After the rest of the jurors gave up so much time and a million dollars has been spent on this trial to start all over would be a crime..The rest of the Jury seems to be doing a good job and paying attention so they can make the right decision.. Jodi’s attorneys are grasping at straws!!! On with this trial already…

Jo Ann Petrosky says:

is this for real?


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