The Trial of Jodi Arias (Part II)

Aggravation phase

Following the conviction, the prosecution was required to convince the jury that the murder was "cruel, heinous, or depraved" in order for them to determine that Arias was eligible for the death penalty.  The aggravation phase of the trial started on May 15, 2013.   The only witness was the medical examiner who performed the autopsy. Arias' attorneys, who had repeatedly asked to step down from the case, gave only brief opening statements and closing arguments, in which they said the adrenaline rushing through Alexander's body may have prevented him from feeling much pain during his death. Prosecutor Martinez showed photos of the corpse and crime scene to the jury and then paused for two minutes of silence to illustrate how long he said it took for Alexander to die at Arias' hands. After less than three hours of consideration, the jury determined that Arias was eligible for the death penalty.

Penalty phase

The penalty phase began on May 16, 2013, when prosecutors called Alexander's family members to offer victim impact statements, in an effort to convince the jury that Arias' crime merited a death sentence.

On May 21, Arias offered an allocution, during which she pleaded for a life sentence. Arias acknowledged that her plea for life was a reversal of remarks she made to a TV reporter shortly after her conviction when she said she preferred the death penalty. "Each time I said that I meant it, but I lacked perspective," she said. "Until very recently, I could not imagine standing before you and asking you to give me life." She said she changed her mind to avoid bringing more pain to members of her family, who were in the courtroom. At one point, she held up a white T-shirt with the word "survivor" written across it, telling the jurors that she would sell the clothing and donate all proceeds to victims of domestic abuse. She also said she would donate her hair to Locks of Love while in prison, and had already done so three times while in jail.

That evening, in a joint jailhouse interview with The Arizona Republic, KPNX-TV and NBC's Today, Arias said she did not know whether the jury would come back with life or death. "Whatever they come back with I will have to deal with it, I have no other choice." Regarding the verdict, she said, "It felt like a huge sense of unreality. I felt betrayed, actually, by the jury. I was hoping they would see things for what they are. I felt really awful for my family and what they were thinking."

On May 23, the sentencing phase of Arias' trial resulted in a hung jury, prompting the judge to declare a mistrial for that phase. The jury had reached an 8–4 decision in favor of the death penalty.  After the jury was discharged, the jury foreman Zervakos stated that the jury found the responsibility of weighing the death sentence overwhelming, but was horrified when their efforts ended in a mistrial. "By the end of it, we were mentally and emotionally exhausted," he said. "I think we were horrified when we found out that they had actually called a mistrial, and we felt like we had failed."

On May 30, Maricopa County Attorney Bill Montgomery discussed the next steps at a news conference. He said he was confident an impartial jury could be seated, but it was possible that lawyers and the victim's family could agree to scrap the trial in favor of a life sentence with no parole.  Arias had said, "I don't think there is an untainted jury pool anywhere in the world right now. That's what it feels like. But I still believe in the system to a degree, so we'll just go through that if that happens."  Defense attorneys responded, "If the diagnosis made by the State's psychologist is correct, the Maricopa County Attorney's Office is seeking to impose the death penalty upon a mentally ill woman who has no prior criminal history. It is not incumbent upon Ms. Arias' defense counsel to resolve this case."

Appeals

During the trial, defense attorneys filed for mistrial in January, April and May 2013.  Arias' lawyers argued in January that Esteban Flores, the lead Mesa police detective on the case, perjured himself during a 2008 pretrial hearing aimed at determining whether the death penalty should be considered an option for jurors. Flores testified at the 2009 hearing that based on his own review of the scene and a discussion with the medical examiner, it was apparent that Alexander had been shot in the forehead first. Contrary to Flores' testimony at the 2009 hearing, the medical examiner told jurors the gunshot probably would have incapacitated Alexander. Given his extensive defense wounds, including stab marks and slashes to his hands, arms, and legs, it was not likely the shot came first. Flores denied perjury and said during his trial testimony that he just misunderstood what the medical examiner told him.

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.

In an interview on April 8, 2015, Arias' attorney Jennifer Willmott discussed the social media furor, death threats she received, Arias' statements at the sentencing, the holdout juror, and stated that she believed that Arias testified truthfully.

In June 2015, following a restitution hearing, Arias was ordered to pay more than $32,000 to Alexander's siblings. Her attorney stated this was about one-third of the amount requested.

As of 2016, Arias is housed at the Arizona Department of Corrections #281129, which is located at Arizona State Prison Complex - Perryville.  She started her sentence in the complex's maximum security Lumley Unit, but she has the possibility of being downgraded to the medium-security level.

Media

The Associated Press reported that the public would be able to watch testimony in the Jodi Arias trial.  This decision by a three-judge panel of the Arizona Court of Appeals overruled Maricopa County Superior Court Judge Sherry Stephens' decision to "allow a witness to testify in private as jurors [weighed] whether to give [Arias] the death penalty."  Judge Stephens held secret (non-public) hearings. As a result of the move for secrecy, an unidentified defense witness was allowed to testify in private. Though Judge Stephens' decision was overruled, "the mystery witness who testified...at the start of the defense case" wasn't revealed to the public.

The case featured on an episode of 48 Hours Mystery: Picture Perfect in 2008, an interview which, for the first time in the history of 48 Hours was used as evidence in a death penalty trial.  On September 24, 2008, Inside Edition interviewed Arias at the Maricopa County Jail where she stated, "No jury is going to convict me...because I am innocent and you can mark my words on that. No jury is going to convict me."

The Associated Press said the case was a "circus," a "runaway train" and said the case "grew into a worldwide sensation as thousands followed the trial via a live, unedited Web feed."  They added that the trial garnered "daily coverage from cable news networks and spawned a virtual cottage industry for talk shows" and at the courthouse, "the entire case devolved into a circus-like spectacle attracting dozens of enthusiasts each day to the courthouse as they lined up for a chance to score just a few open public seats in the gallery;" "For its fans, the Arias trial became a live daytime soap opera."  The Toronto Star stated, "With its mix of jealousy, religion, murder, and sex, the Jodi Arias case shows what happens when the justice system becomes entertainment."

During the trial, public figures freely expressed their opinions. "Jodi Arias has stated that she follows me on Twitter so I really hate to be saying that she is guilty but sadly, she is as guilty as it gets," Donald Trump wrote. He also commented on how the Government should avoid leniency. "Jodi should try but the govt. should not make a deal – no jury could be dumb enough to let her off (but you never know, look at OJ & others)," Trump suggested.  Arizona Governor Jan Brewer told reporters after an unrelated press event that she believed Arias to be guilty. She sidestepped a question about whether she believed Arias was guilty of manslaughter, second-degree murder or first-degree murder, but said, "I don't have all the information, but I think she's guilty."

HLN staff and their commentators compared the case to the Casey Anthony case for the perceived similarities between Anthony and Arias and the emotions that the cases incited in the general public.  Additionally, HLN aired a daily show covering the trial called HLN After Dark: The Jodi Arias Trial.  The cable network sent out a press release titled "HLN No. 1 Among Ad-Supported Cable as Arias Pleads for Her Life," bragging that they led in the ratings. The release stated: "HLN continues to be the ratings leader and complete source for coverage of the Jodi Arias Trial. On May 21, HLN ranked No.1 among ad-supported cable networks from 1:56p to 2:15p (ET) as Arias took the stand to plead for her life in front of the jury that found her guilty of Alexander's murder. During that time period, HLN out-delivered the competition among both total viewers (2,540,000) and 25–54 demo viewers (691,000). HLN also ranked No.1 among ad-supported cable networks for the 2p hour delivering 2,227,000 total viewers and 620,000 25–54 viewers."

Jodi Arias: Dirty Little Secret, a made-for-television movie, stars Lost actress Tania Raymonde as Arias and Jesse Lee Soffer, of The Mob Doctor and Chicago P.D., as Alexander. Prosecutor Juan Martinez was played by Ugly Betty actor Tony Plana and David Zayas, of Dexter, portrays detective Esteban Flores.  Created for and distributed by the Lifetime Network, the film premiered June 22, 2013.

Former detective for Siskiyou County, California, who arrested Arias at her grandparents' home after it appeared she was on the move, is coming forward. He discusses his involvement in the explosive investigation and trial in the three-part limited series, that aired mid-January 2018, on Investigation Discovery (ID) titled "Jodi Arias: An American Murder Mystery."  The special explores the death of Alexander and the subsequent legal circus as Arias was tried.

The pilot episode of Murder Made Me Famous, which aired 15 August 2015, chronicled the case.

Social media

In late January 2013, artwork drawn by Arias began selling on eBay. The seller was her brother; he claimed that the profits went towards covering the family's travel expenses to the trial and "better food" for Arias while she was in jail.

On April 11, USA Today reported that during the testimony of defense witness Alyce LaViolette, public outrage was extreme concerning her assertions that Arias was a victim of domestic violence. Tweets and other social media posts attacked LaViolette's reputation. More than 500 negative reviews of LaViolette's yet-to-be-released book appeared on Amazon.com calling LaViolette a fraud and a disgrace. "It's the electronic version of a lynch mob," said retired Maricopa County Superior Court Judge Kenneth Fields.  Attorney Anne Bremner, who said she received death threats after she provided legal counsel in the Amanda Knox case, told The Huffington Post that the kind of online ridicule and threats LaViolette received could affect attorneys and witnesses in high-profile trials. "It's something to take into account," Bremner said. "If I had kids I would consider it even more so."

On May 9, The Republic commented: "The Jodi Arias trial has been a social-media magnet. And when Arias was convicted Wednesday of first-degree murder, Twitter and Facebook exploded with reaction. Much of it was aimed at Arias, though plenty of people tweeted at the media coverage, such as the antics of HLN host Nancy Grace. During the trial, hardcore followers of the proceedings were accused of trying to use social media to intimidate witnesses or otherwise influence the outcome. Whether it had any effect is questionable, but it's a notable development."

On May 24, Victoria Washington, who was one of Arias' attorneys until she had to resign in 2011 because of a conflict said "Arias' lead attorney, Nurmi, was pilloried in social media. At one point, an Internet denizen digitally superimposed his face onto a crime-scene photo of Alexander dead in the shower of his Mesa home. I know people were aggravated with him constantly filing for a mistrial, but you have to make and preserve the record for federal review (on appeal). If you don't file for a mistrial, the appeals courts will say you waived it."

On May 28, Radar Online reported the jury foreman had been receiving threats ever since the panel deadlocked on the sentencing phase, and now his son was claiming he's receiving death threats. "Today I read hate mail my dad had gotten. Some person had sent him a threatening message complete with his email address, full name, and phone number (which at the very least means that this guy should retake Hate Mail 101). I also read some comments on an article online about my dad. Surreal. They say my dad was fooled by the defendant, which he was taken with her, that he hated the prosecutor," his son wrote on his public blog.

The Twitter account in Arias' name is operated by Arias' friends on her behalf. On June 22, from that account, Arias tweeted, "Just don't know yet if I will plea or appeal."

On March 6, 2015, after the retrial of the penalty phase concluded, it was reported that juror #17, the sole holdout, received death threats and police were posted at her house. Dennis Elias, a jury consultant, said, "The very fact that people are making death threats and trying to out her, it is not a proud day for any single one of those people and they should be ashamed."