The Jodi Arias Trial (Part II)

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In April, the defense claimed the prosecutor had acted inappropriately and said the case resembled a modern-day equivalent to the Salem witch trials. In the motion, the defense team contended "the prosecutorial misconduct has infested these proceedings with a level of unfairness that cannot be cured by any other means." The motion also stated there is a "circus-like atmosphere inside the courtroom" and that Martinez had yelled at witnesses, attacked witnesses on a personal level, and had thrown evidence. The motion also alleged that Martinez chose to release evidence and to pose for pictures with his fans on the steps of the courthouse. The attorneys claimed Arias was in a position in which she could not present a complete defense and that the only constitutional course was to declare a mistrial.

On May 20, 2013, defense attorneys filed a motion which alleged that a defense witness who had been due to testify the preceding Friday, the 17th, began receiving death threats for her scheduled testimony on Arias' behalf. The day before the filing, the witness contacted counsel for Arias, stating that she was no longer willing to testify because of the threats. The motion continued, "It should also be noted that these threats follow those made to Alyce LaViolette, a record of which was made ex-parte and under seal." The motion was denied, as was a motion for a stay in the proceedings that had been sought to give time to appeal the decisions to the Arizona Supreme Court.

On May 29, 2013, the Arizona Supreme Court declined to hear an appeal filed three months earlier, also refused by the mid-level Arizona Court of Appeals. Nurmi had asked the high court to throw out the aggravating factor of cruelty because the judge had allowed it to go forward based on a different theory of how the murder occurred. The lead detective originally claimed that the gunshot occurred first, followed by the stabbing and slitting of the throat. Based on that theory, Stephens ruled there was probable cause to find the crime had been committed in an especially cruel manner, an aggravating factor under state law. Subsequent to this initial hearing, the medical examiner testified that the gunshot occurred postmortem.

On July 6, 2018, Arias' current attorneys, Margaret M. Green (a.k.a. Peg Green) and Corey Engle, filed a 324-page appeal seeking her murder conviction be overturned to the Court of Appeals. The state's response was due by January 4, 2019, and is to be provided by the Arizona Attorney General's Office. Arias would be allowed a formal reply to the state's counterargument prior to the case going before a three-judge panel for oral argument.

On October 17, 2019, Arias' attorneys argued to the Court of Appeals that her sentence should be overturned on the basis that Martinez acted inappropriately throughout the trial, resulting in a media frenzy and affecting the outcome of the trial.

Sentencing retrial and incarceration

On October 21, 2014, Arias' sentencing retrial began. Opening statements were given, and a hearing on evidence was held. Prosecution witness Amanda Webb, called in the first trial to rebut Arias' testimony that she returned a gas can to Walmart on May 8, 2007, admitted she did not know if all records were transferred after the store relocated. After a holiday break, the retrial resumed in January 2015. Mesa police experts admitted that Alexander's laptop had viruses and pornography, contrary to testimony in the first trial in 2013. Jury deliberations began on February 12, 2015. On March 2, 2015, the jury informed Judge Stephens that they were deadlocked. Arias' attorneys requested a mistrial. Stephens denied the request, read additional instructions to the jury, and ordered them to resume deliberations. On March 5, 2015, Stephens declared a mistrial because the jurors, who deliberated for about 26 hours over five days, deadlocked at 11–1 vote in favor of the death penalty. Sentencing was scheduled for April 7, 2015, with Stephens having the option to sentence Arias to either life imprisonment without the possibility of parole, or with the possibility of parole after 25 years. On April 13, Stephens sentenced Arias to life imprisonment without the possibility of parole. By March 5, 2015, Arias' trials cost an estimated $3 million.

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