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Jodi Arias Retrial, Day #792 – Deliberations Continue (Page 2)

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With the courtroom currently sealed, and nobody having a clue as to what’s happening… deliberation day #5 rolls on.

4.30 pm UPDATE: No decision today. Deliberations resume tomorrow morning @ 9.30 am MST.

Any relevant tweets & info will be posted in the comments section of this page as we go along.

In the meantime folks…

We Are Team Jodi!. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Remember…

WE ARE TEAM JODI – AND WE WILL BE VICTORIOUS in our quest for JUSTICE FOR JODI.

Never question it.

Never doubt it.

Prepare for it.

Leave your thoughts & comments below…

SJ
Team Jodi #WINNING <<<

Click the banner below to read Jade’s post – “Justice Denied: Why The Jurors Got It Wrong & How The Facts Decimate The State’s Case Against Jodi Arias.”:

Read - Justice Denied - Why The Jurors Got It Wrong & How The Facts Decimate The State's Case Against Jodi Arias
Click the links below to read Jade’s previous posts in the series:

The Immaculate Deception: Exposed
Michael Melendez – Perjury Exposed
The Presumption of Innocence
The Great Mormon Porn Swindle

If you would like to help Jodi by way of a financial donation to the JAA APPELLATE FUND, click the Team Jodi link below for further details. All donations via Justice4Jodi.com go directly to the fund for assisting with the legal fees associated with appealing Jodi’s wrongful conviction. Justice4Jodi.com is the ONLY website authorized to collect donations.

In addition, please DO NOT, under any circumstances, donate through any other website or Facebook page/group claiming to be “official” and/or acting with Jodi’s approval or authorization. The same applies to any “Jodi Membership Clubs”, groups or fake Trust funds that have been set up. These sites are bogus – as are their intentions – and they should be actively avoided. If you are aware of any such sites, please help Jodi by clicking here and reporting them. Thank you for your ongoing support!

We Are Team Jodi ---- And We Will Be Victorious!.

368 Comments

  1. Elizabeth Erwin ‏@elizabetherwin 21s22 seconds ago

    It’s been nearly an hour since #jodiarias lawyers and Alexander family went behind closed doors. Thoughts?

  2. Elizabeth Erwin ‏@elizabetherwin 30s30 seconds ago
    Alexander family leaving. #jodiarias

    Jen’s Trial Diaries ‏@TrialDiariesJ 15s15 seconds ago
    Alexander’s have left the victim room. They looked serious but no crying #jodiarias #3tvarias

  3. Cathy ‏@courtchatter 33s34 seconds ago
    Alexanders got on the elevator to leave the 5th floor. #jodiarias

    Tammy Rose ‏@News20Chopper 26s27 seconds ago
    Alexander family walking out. No expressions. #JodiArias

  4. Elizabeth Erwin ‏@elizabetherwin 17s18 seconds ago

    Just allowed in court. #JodiArias attorneys here, no sign of Arias. Some TA family is here. Lawyers and judge are here.

  5. Could the Alexander’s of left cuz they know it’s still hung and don’t want to hang around to hear it announced???

  6. Elizabeth Erwin ‏@elizabetherwin 26s27 seconds ago

    Another defendant brought in…possible Judge Stephens going to hear a different case. #JodiArias

  7. Cathy ‏@courtchatter 30s30 seconds ago

    Sandy Arias was heading in the courtroom with me but she is now not here. Must have walked back out with defense team. #jodiarias

  8. Everyone here say your prayers and send good thoughts now for Jodi as it looks like this is about to happen………. 🙂 🙂 🙂

  9. Michael Kiefer ‏@michaelbkiefer 29s30 seconds ago

    Maybe the #jodiarias jury insisted on giving the verdict in a closed courtroom.

  10. CBS 5 News ‏@CBS5AZ 26s27 seconds ago Phoenix, AZ

    False Alarm. Nothing happening in Arias trial. Judge Stephens now dealing with another case. #jodiarias @jbarrycbs5

  11. Do you think the Alexanders now know the outcome and left and are not going to be in the courtroom to show how upset they are. . . just guessing?

  12. Cathy ‏@courtchatter 1m1 minute ago
    We are kicked out in the courtroom is locked again #jodiarias

    CBS 5 News ‏@CBS5AZ 53s54 seconds ago Phoenix, AZ
    And… The public is kicked out of the courtroom again. Jury still deliberating. More than 24 hours and counting..#jodiarias @jbarrycbs5

  13. I think Journee and Cindy Jewell are right. The only reason for a victim’s advocate lawyer to accompany Alexanders into JSS courtroom would be to answer to some kind of charge against them when they walked out ignoring JSS explicit instructions. Contempt of Court charges he needed to defend them against?

    Sounds like their expressionless faces while leaving means they got a slap on the wrist and no charges,

  14. Elizabeth Erwin ‏@elizabetherwin 46s46 seconds ago

    8 jurors back from break, no chit chat this time. #jodiarias

  15. Kirk Nurmi should have filed a motion on that behavior so it is possible that all this is dealt with before a jury comes in with a verdict.

      • Nope. Nothing has changed and they have still been using the evidence that was tampered with. Even talking about a bloody handprint that never existed. Of course, nothing about a big boot print in blood. HLN is as disgusting as ever.

    • I’ve been thinking, REALLY!
      This jury wasn’t supposed to have heard anything about this case.
      So they heard a lot more than the first jury.

      So many questions before, NOW this jury has more questions.
      Questions about all of the tampering, evidence, and saw the misconduct
      in court by the Alexanders, and juan.

      IF this is the first I’ve heard of this and I’m on the jury, I would be asking WHY
      life or DP???
      Did the first jury hear this and if not, WHY?
      I would be struggling with LIP and the DP.
      So what would do???

  16. At this point since the Allen charge given yesterday, the longer this goes on the more nervous I become about the holdouts being coerced/convinced/bullied into changing their vote……. 🙁

  17. Cathy ‏@courtchatter 43s44 seconds ago

    In public courtrooms, when the jury has a question, it is read in open court. We have not heard everything during these delibs. #jodiarias

    • I’m just thinking about the whole incident before the Allen charge was read. Tweets said ‘Juror question or issue.’, we don’t know which. Then someone said ‘It’s both – an issue and a question”. Then it was announced it was a ‘modified Allen charge’. Nurmi argued against the Allen charge, and then the ‘modified’ Allen charge. Then the tweeters said they didn’t know what the modification was.

      Do you suppose the modification had something to do with why they are staying out so long since then?
      Like – make up your own mind, but don’t return until you all agree on a verdict? I can’t imagine it could be that, but there’s got to be some reason they haven’t returned by now with a “Hopelessly Hung”.

      • No, they can not instruct to “don’t return until you all agree on a verdict” under any circumstances…so it is just probably the jurors being diligent and trying to do their job but the length of time since that instruction is what is wearing on me……..

      • I am familiar with some cases where they get life with the possibility of parole and they get off with time served due to good behavior and or they served 10-12 years while on trial and they get out with time served. So if this would be the case with JODI it would be awesome.

        • Thanks Joe,
          REALLY!! It should be IMO!!
          We can keep hoping and we will.
          Awesome?? Very sure
          and also the correct verdict. That’s all that I can think of
          since this has been so confusing and messed up.
          I can’t think of anything else and I’ve tried!!!

  18. Tammy Rose ‏@News20Chopper 13s14 seconds ago Phoenix, AZ

    Alexander family in full force at the other end of the hallway on the 5th floor, waiting. #JodiArias

  19. William Pitts ‏@william_pitts 40s41 seconds ago
    Well…I officially have lost faith in my ability to predict anythign about this case. Except sidebars, those are a given. #JodiArias

    Steve Krafft ‏@SKrafftFox10 30s31 seconds ago
    #JodiArias judge’s “dynamite charge” to break jury impasse doesn’t seem to have produced the intended result as of yet.

  20. Mike Watkiss ‏@mikewatkiss3tv 1h1 hour ago

    Got a couple of phone calls asking me to do Nancy Grace show tonight -I’d rather drag a razor blade over my eyeball #jodiarias #3tvarias

  21. Bellatrix ‏@MissLestranged 7h7 hours ago

    No wonder Travis was depressed. Going from Jodi to Diana is like trading in your Bugatti for a Ford KA. Js #J4J

  22. Harumph!

    After damn near two weeks of looking at snow outside, the world turned green again today, it’s been 70 degrees out there, and I’ve been glued to this damn screen watching the idiot tweeters and their idiotic speculations.

  23. In many states, restitution is required to be part of the sentence, I thought that AZ was one of those, does anyone know for sure? Also, someone posted the application for clemency that AZ uses instead of parole, Jodi could not file until two years into her sentence and then not again for five years or more if the board decides to extend it for up to ten years! One huge drawback is they do require a detailed description of the crime and her involvement and if she cannot remember and accept responsibility most parole boards will deny, can’t put link of form here but google commutation of sentence application.

  24. Btw, according to court documents, there have been six juror questions so far, just in JSS star chamber we are not privileged to know what they were

  25. Lise Lasalle ‏@LiseLasalle
    If Juan Martinez does not get a death penalty notch on his belt for Jodi Arias, will he spontaneously combust?

    😆 😆 😆

    Oh, I hope so. What a sight that would be !

  26. @LisaUK7: Friends and family told not to leave court. Plain clothes security everywhere. Jodi wearing civilian clothes.

  27. Tammy Rose ‏@News20Chopper 1m1 minute ago Phoenix, AZ
    Jennifer Willmott just walked out of courtroom. #JodiArias

    Cathy ‏@courtchatter 59s59 seconds ago
    Alexander family members are on the 5 th floor where they have been, across from media. #jodiarias

  28. Elizabeth Erwin ‏@elizabetherwin 15s16 seconds ago

    Still waiting in the hall, Judge Stephens working on other cases this afternoon. #JodiArias jury still deliberating.

  29. xxxxxxxxxxxxxxxxx 18m18 minutes ago

    Friends and family told not to leave court. Plain clothes security everywhere. Jodi wearing civilian clothes… #jodiarias #JodiAriasTrial

  30. Cathy ‏@courtchatter 30s31 seconds ago

    Steven Alexander just went into the vic room off the courtroom. No family has been in there. #jodiarias

  31. Whistle BlowerII retweeted
    Mike Duffy ‏@producerduffy 11m11 minutes ago

    #JodiArias jury has been deliberating for 25 and a half hours now

  32. Tara Kelley is being sarcastic on twitter. GRRRRRRRR

    Tara Kelley ‏@tarakelley320
    Nothing noteworthy to report today….

  33. Cathy ‏@courtchatter 26s27 seconds ago

    Steven Alexander walked back out.Don’t think anything is happening. Should be time we see some jurors come out for break however #jodiarias

  34. CBS 5 News ‏@CBS5AZ 3m3 minutes ago Phoenix, AZ

    Still plenty of time for jury to come back with verdict/decision today.#jodiarias @jbarrycbs5

  35. [I put my post in the wrong spot. You can see it at 1:59 in a response to Pandora at 1:35 above if you want.]

    It’s talking about the word “modified” word that Nurmi argued so long about when the idea of a “modified Allen charge” was talked about. The tweeters didn’t know what “modified” meant.

    I wonder if this has something to do with why the jury has been out so long after the charge.
    Could it have said ‘Vote your own conscience, but don’t come back until you all agree.”?
    Probably not, but it is odd and I can’t find anything on a “modified Allen charge” except that courts have gotten in trouble for modifying it in the past.

    • Nym, I suspect the modification had to do with something that Al said yesterday. He quoted a section of the Allen charge where the judge tells the jury that if they cannot reach a verdict, the case will have to be retried, another jury selected, yada yada…

      Obviously that is not true in this case, so the judge would not have said that. So maybe that’s what was modified?

      I dunno – just my speculation.

    • Nym, above you are wondering about that “modified” word that: “modified Allen charge” that you say Nurmi argued about. …What if JSS is trying to get away with using a modified Allen charge because ((perhaps)) an ALLEN CHARGE is NOT legal to be used in 23 states & one of those states is Arizona?? …Please refer to my comment in the previous FIRST POST (this day, but NOT page 2). …3/4/2015 at 12:45pm, very near the bottom of the comments postings.
      …I question whether the ALLEN CHARGE is legal in Arizona. …Apparently it is not legal in 23 states. …Maybe JSS knows this (surely she does) and is trying to slip it in as a MODIFIED ALLEN CHARGE, which is being challenged by Nurmi???? ….GOOD WORK NURMI. ….
      …I think she may be in extremely big trouble if the ALLEN CHARGE is illegal to use in Arizona, because I think she also used it in the first GUILT TRIAL which may have found Jodi guilty because of an improper instruction & illegal persuasion by the judge.
      …Is that a strong case of reversible error in the guilt trial & Jodi is perhaps NOT guilty at all??
      …Just (IMHO)…

  36. Elizabeth Erwin ‏@elizabetherwin 1m1 minute ago

    7 jurors leave for a break. No talking, no smiles. #jodiarias

  37. Steve Krafft ‏@SKrafftFox10 39s40 seconds ago

    Seven #JodiArias jurors walk to elevator and take a break. No eye contact with media.

  38. IMO I believe that the DP Jurors want to have division even though they don’t believe JA is DP material so when the bitch wit hthe two kids Pete and Repete interviews them they can say they wanted the DP so they won’t get the hate squad on their ass. This whole DP thing if at all is for people who enjoy killing for sport only and this is not JA.

  39. Jen’s Trial Diaries ‏@TrialDiariesJ 27s28 seconds ago

    The jurors looked upset to me #jodiarias #3tvarias

  40. Elizabeth Erwin ‏@elizabetherwin 2m2 minutes ago
    Jurors are back. Still no chit chat. #jodiarias

    Jen’s Trial Diaries ‏@TrialDiariesJ 2m2 minutes ago
    Jurors are back and the women look as if they could have been crying #jodiarias #3tvarias

  41. [snip],
    164 U.S. 492 (U.S. 1896) where the court ruled that a judge did have the right to strongly encourage deadlocked jurors to continue deliberations until a verdict is reached. Today, there are a number of variations on the original Allen charge text approved in 1896. Some of these modifications have been declared unconstitutional or prejudicial by appellate courts, so individual judges tend to use their own approved Allen charge. However, whenever the judge goes beyond the approved script s/he runs the risk of being accused of attempting to interfere with jury deliberations or influence the jurors.

    http://definitions.uslegal.com/a/allen-charge/

    and in this one the guilty verdict was overturned because of a “modified Allen charge”:
    http://caselaw.findlaw.com/nj-superior-court-appellate-division/1332093.html

    • Oh, I’m sure this will be yet another appellate issue.

      The Allen charge was/is completely inappropriate for this scenario. Since a hung jury, in this scenario, means the death penalty is off the table, what the judge essentially did yesterday was to send them back there to agree on the death penalty. No other way to look at it. Appellate matter for sure. They’ll probably just have to get it out of AZ before it’ll fly.

  42. Elizabeth Erwin ‏@elizabetherwin 1m1 minute ago

    Getting close to the time #jodiarias jurors are supposed to stop deliberating for the day…no news yet.

  43. Monica Lindstrom ‏@monicalindstrom 1m1 minute ago

    No one can ever say this jury did not work hard #JodiArias

  44. Cathy ‏@courtchatter 16s17 seconds ago

    Expecting to hear something from this jury one way or the other since its 430. #jodiarias

  45. Elizabeth Erwin ‏@elizabetherwin 25s25 seconds ago

    Jury done deliberating for the day. Back tomorrow morning. #jodiarias

  46. MC Superior Court ‏@courtpio 19s19 seconds ago

    The jury has left for the day and will resume deliberations on Thursday March 5th.

  47. Jen’s Trial Diaries ‏@TrialDiariesJ 1m1 minute ago

    26 1/2 hours of deliberations so far. I’m waiting to see the jurors leave #jodiarias #3tvarias

  48. Un-freaking-believable!

    5 whole days of deliberations. And tomorrow is Thursday, last day of court. If they don’t agree tomorrow, we’re gonna have to wait till next week. Oh my…..

  49. I am so worried now as I will be at Biology class tomorrow from 11am-1.30pm Arizona time. What if I miss verdict? 🙁

  50. There is just something so strange about this.
    Just what did JSS say to this jury that would make them go back for a third day of stalemate???!!!!

  51. what do you make of this? looks like 3 questions to me but of course none were actually stated nor was it stated how it was fixed LET THE RECORD REFLECT the Court has received a question from the Jury and an
    answer is agreed upon and submitted to the Jury.
    Filed: Jury Deliberation Question (1)
    10:00 a.m. Court stands at recess.
    10:44 a.m. Court reconvenes with respective counsel present telephonically.
    The Defendant is present in the courtroom.
    LET THE RECORD REFLECT the Court has received questions from the Jury and
    answers are agreed upon and submitted to the Jury.
    Filed: Jury Deliberation Questions (2)
    10:50 a.m. Court stands at recess.
    4:50 p.m. The Jury concludes their deliberations for today.

    • and another question the day before :
      LET THE RECORD REFLECT that counsel reviews the numbers to be utilized to select
      the two alternate jurors and stipulate that they are the correct juror numbers to be used.
      Court and counsel discuss matters.
      9:54 a.m. The Jury is now present.
      Court and counsel discuss matters.
      Defense closing rebuttal argument is heard.
      11:05 a.m. Court stands at recess.
      11:18 a.m. Court reconvenes with respective counsel and the Defendant present.
      Court Reporter, Marla Arnold, is present.
      A record of the proceeding is also made by audio and/or videotape.
      The Jury is not present.
      Court and counsel discuss matters.
      11:20 a.m. The Jury is now present.
      Defense closing rebuttal argument continues.
      The Closing Instructions are read to the Jury.
      Filed: Final Instructions and Closing Instructions
      Jurors 2 and 13 are chosen by lot as the alternates and leave the courtroom.
      The bailiffs are sworn.
      11:44 a.m. The Jury leaves with the sworn bailiffs
      Court and counsel discuss matters.
      11:47 a.m. Court stands at recess.
      LET THE RECORD REFLECT that the Jury took a lunch break and began their
      deliberations at 1:24 p.m.
      3:24 p.m. Court reconvenes with respective counsel present telephonically and the
      Defendant present in the courtroom.
      Court Reporter, Mike Babicky, is present.
      A record of the proceeding is also made by audio and/or videotape.
      The Jury is not present.
      LET THE RECORD REFLECT the Court has received a question from the Jury. Same is
      discussed by Court and counsel and an answer agreed upon and submitted to the Jury.
      Filed: Jury Deliberation Question (1)
      3:27 p.m. Court stands at recess.
      LET THE RECORD REFLECT that the Jury concluded their deliberations for today at
      4:30 p.m.

    • It’s good to see it all put together this way. Thanks Debbie.
      It’s almost as if they are ignoring the jury at this point.
      How long will they let them deliberate before they ask for a status report?
      They are so obviously unconditionally HUNG!

  52. Cathy ‏@courtchatter 2m2 minutes ago

    Guessing jury was taken out the back again. I will wait a few more mins #jodiarias

  53. Jen’s Trial Diaries ‏@TrialDiariesJ 37s38 seconds ago

    Juan and Det Flores just left the Victim room. Had no clue they were in there #jodiarias #3tvarias

  54. Keep in mind this is taken from Wikipedia:

    In state courts

    Allen charges have been rejected, in whole or in part, by at least twenty-three states. Twenty-two states have rejected the charge by judicial decision: Alaska,[5] Arizona,[6] California,[7] Colorado,[8] Hawaii,[9] Idaho,[10] Louisiana,[11] Maine,[12] Michigan,[13] Minnesota,[14] Montana,[15] Nebraska,[16] Nevada,[17] New Hampshire,[18] New Mexico,[19] North Dakota,[20] Ohio,[21] Oregon,[22] Pennsylvania,[23] Rhode Island,[24] Tennessee,[25] Wisconsin,[26] and Wyoming.[27] Additionally, Kentucky has eliminated the Allen charge through its rules of criminal procedure.[28]

    Doesn’t this sound like NYM is correct? Does this above statement mean use of the Allen Charge is illegal in Arizona? Or, does it mean the Allen Charge can be used in Arizona courts but, in some cases, it has been rejected by judicial decision. Help!

    • I think it means that allen charges have been rejected in 23 states and names the states but also there are numbers beside each state which makes me think they are rejected in some counties of states but not all.

      • Yes R.Love, this thing about the so called “modified Allen charge” or I think JSS also tried to get away with it by calling it an “impasse instruction” all plays into the the incredible snookery that this court has gone to in order to justify the multiple $millions$ spent so that Jodi can get a DP verdict.
        Here is a link:
        http://en.wikipedia.org/wiki/Allen_v._United_States_%281896%29
        …And, many time I have heard cases overturned because of improper jury instructions.
        …I never did know what that meant. …It is usually never explained by the news media.
        …I think it means that if a judge is threatening & presents the jury with an improper instruction such that jurors feel compelled to have a unanimous verdict, (to the desired verdict of the judge) that is illegal, IMHO.
        …And, this link (IMO) says that the “Allen charge” is illegal in 23 states including Arizona.
        …So, judges get around it by calling it a “modified Allen charge” or an “impasse instruction”.
        …And, I think Nurmi is correct to question JSS’s use of this “improper or illegal” instruction.
        …Hopefully, primary grounds for an immediate mistrial.

        • But more that that, if it was used in the guilt trial (and I think it was) in order to send the jury back and compel them to come up with a unanimous GUILTY verdict, I think that is reversible error, but what do I know?

      • R, I saw WLOPEZ’s comment earlier but I didn’t realize the signicance of his find at the time. I also gave credit to Nym. I don’t know who found it first but congratulations to whoever did. I know it wasn’t me.

    • That’s an incredible find CC! I guess the fine line there is “in whole or in part”. It still doesn’t explain the talk of a “modified Allen charge”. In all the tweets I never saw whether Nurmi was successful at that part of his objection.

    • if in fact it is illegal in all of arizona then this trial is pure hogwash because it was used in the first trial as well.

  55. Go to azbar.org and in the search bar enter: Standard Criminal Instruction and then when the page comes up click on first item…then on the next page you can see the “Standard Criminal Instruction” and the “Capital Case Instruction” there is a big difference between the two…the capital case instruction is much shorter and milder…I don’t know if we had an accurate accounting of exactly what was said but if memory serves me it was the Standard Criminal Instruction that JSS read versus what she should have read which is the Capital Case Instruction….PLEASE CORRECT ME IF I AM WRONG….I don’t want to get this wrong…..if she read the “Standard Criminal Instruction” this is most likely why KN objected and wanted a mistrial….Give me your thoughts please……….

    • I’m not sure I have enough brain left to get to what you’re saying, BB, but that’s pretty pertinent here. I think the tweeters were not repeating what JSS said as much as telling us what was in an Allen charge. If what you are saying is true in this case, I can imagine that Nurmi and Jennifer are on it and will make sure this is straightened out before the end of tomorrow.

      It’s looking a lot like a guilty verdict could be overturned if this is so.
      That jury is literally being held hostage at this point!!!!!!!!!!!!!!!!

      • Well, that’s just it I don’t know what exactly what was read….but there is a difference between the two charges a big difference and I don’t know if what she read was the Capital Case Instruction or the Standard Criminal Instruction bc there is a big difference…

      • Nym, no the Allen charge is not illegal in AZ according to the Arizona Bar…but this does not mean that if JSS read the wrong instruction to the jury (as I just described – see the difference between the two different instructions) that this can not cause an overturn of the sentence….it will be a point on appeal if she is given the DP if JSS incorrectly read the wrong set of instructions to the jury or modified them incorrectly in this capital case…..

        • Might be worthy of noting:

          Tweeters who gave a name to this first said ‘impasse instruction’ then further clarified ‘dynamite charge’. I don’t recall any TWEETERS who called it an Allen Charge. That’s the term WE were using, but I don’t know if anyone at court called it that.

          • An Allen Charge is otherwise known as “dynamite charge” / “impasse instruction” – they are all referring to the same thing……..however in the Capital Case Instruction it is simply labeled “Duty to Consult with One Another” – so this title also makes me believe that JSS read the Standard Criminal Instruction which is entitled “Impasse Instruction” …………am I thoroughly being confusing yet LOL !
            Here it is simply put as possible:

            Capital Case Instruction – “Duty to Consult with One Another”
            Standard Criminal Instruction – “Impasse Instruction” (otherwise known as the Dynamite charge or Allen charge)

            The Capital Case Instruction is far milder than the Standard Criminal Instruction…

            Big difference between the two – so if someone can report what exactly she said we could figure out which one she read to the jury…We do know that KN objected to it strongly and asked for a mistrial……..

          • Journee & BB,
            Yeah, Journee, that’s what it’s called on the azbar.org site:
            “Standard Criminal 42 – Impasse Instruction”
            I think this is the one she gave b/c it mentions if the jurors have questions, they can ask the lawyers or the judge for help and The Capital Case Instruction didn’t mention asking for help from the “legal beagles.”
            The Impasse Instruction seems to have similarities (and probably a similar purpose) as the Allen Charge but they change it a bit so they can get away with it. It’s Arizona. “We don’t
            coerce, we just offer a little friendly advise.”

            • Heck, now I’m confused. Isn’t this the exact same thing she read in the first trial when they first announced they couldn’t agree? What’s the difference this time? I’m just not understanding what’s the problem.

              • See my comments below….and give me feedback if you are understanding….please I need to know if I am making more out of this…but in order to understand you must read both instructions – Standard Criminal Instruction (found on page 20-21 known as “Impasse Instruction”) and the Capital Case Instruction (found on page 30 – known as “Duty to Consult With One Another”)

              • go to azbar.org and enter into the search bar “Standard Criminal Instruction” and then when the page comes up click on the first item then it brings you to the page with the “Standard Criminal Instruction” (page 20-21) and the “Capital Case Instruction” (page 32)

            • Allen charge and Impasse Instruction are the same thing – just different names – it is also sometimes known as the “dynamite charge” and what you read on the azbar.org site is what is approved in Arizona…..BUT, there is a HUGE difference between the Capital Case Instruction (“Duty to Consult With One Another”) and the Standard Criminal Instruction (“Impasse Instruction”) and this is what I want to nail down for my own curiosity bc the Capital Case Instruction is far shorter/far milder of an instruction than the Standard Criminal Instruction which is far more emphasis on getting to a verdict …..Am I making sense? Or am I just making too much out of this? KN was objecting and asking for a mistrial over it so…….Someone let me know……..

              • Yes, the capital instruction is much shorter. Basically the same wording, but the standard instruction is definitely got more “zing” to it, IMO. Didn’t she read the same thing to the jury in the first trial?

                • I don’t know….but this is a capital case not a standard criminal case….and I don’t recall from the first trial what was read and whether or not KN objected at that time just like he objected this time ……someone who has that info might be able to enlighten us on that fact….there is a lot more emphasis on getting to a verdict on the Standard Criminal Instruction….and there is a huge difference in them…..just read them again side by side….

                • Not the same wording…….there are some similar statements but totally different emphasis and strength

                • BB, seems to me that what you are saying matters a great deal, but how can we find what she actually read to them?

                • Whichtrial, I don’t know how to find that out…perhaps someone will know exactly what was read…..

                • All I know is that is was being called “Impasse charge/instruction” and KN objected strongly and asked JSS for a mistrial…she denied of course….so the fact that KN objected and asked for a mistrial tends to make me think that she was reading the Standard Criminal Instruction instead of the Capital Case Instruction……but I really wish someone could give me a definitive answer on exactly the wording she used in court yesterday for the instruction she gave the jury….they are taking a looooooong time IMHO after that instruction was read almost like they are feeling a huge amount of pressure to come up with a unanimous verdict…which shouldn’t be…..

                • Also take note that the Capital Case Instruction is called “Duty to Consult With One Another” not an “Impasse Instruction” …….

                • I believe she did, during the first penalty trial, she gave the allen charge and then they came back shortly and said they were still not agreeing on a sentence. She declared a mistrial, and here were are in a do over.

                  I think Nurmi was objecting to the fact she was not using the standard version, because he objected to the modified impasse instructions. Possibly because he believed they were deadlock, or possibly just the wording?

                  I can’t sleep. too much worry. Praying till I can sleep if anyone wants to join me.

            • BB,
              I read your comment again. You’re saying the Impasse Instruction IS the Allen Charge (or, at least another name for it). Now, I don’t know what to make of it. Holey Moly, Me-oh-My.

              • Yes, don’t let that confuse you it is just another name for it like the “dynamite charge”….my point is that there is a vast difference IMHO between the Capital Case Instruction (Duty to Consult With One Another) and the Standard Criminal Instruction (Impasse Instruction)

                This is a capital case so one would think it would require the Capital Case Instruction which is a far milder instruction to the jury (so as to not push a death sentence on the jurors) whereas the Standard Case Instruction is far more severe and much longer and may make is seem to the jury that they must come back with a unanimous verdict….

                Does this make sense?

                • Read them both again….there is a big difference and once again KN was strongly objecting and asked for a MISTRIAL…..

                • Yes, it makes sense. The jury made a decision the other day. They couldn’t reach a unanimous decision but JSS wouldn’t accept it. We had the decision we (and Jodi) wanted but it could slip away now because jurors must be getting tired and frustrated and some may be on the edge of saying: “OK, OK, we’ll do it your way.”

  56. GOOD NIGHT TEAM JODI ~~~~ HANG IN THERE WITH YOUR PRAYERS FOR JODI!!!
    ONE DAY SOON. . . . FREEDOM FOR JODI ARIAS!!!!! ♥ LOVE TO ALL ~~~~~~♥

  57. I can’t imagine the thought of Jodi at Perryville prison. I hear it is horrible, much worse than where she is now.

    Maureen

    • Pinsky bothers me more than any of the haters. He enjoys hating Jodi so much. I just see joy on his face when he says something nasty about her. I haven’t watched him for almost 2 years. I don’t trust myself because I want to put my foot through the TV screen when he’s on.

      • If Jodi knew, she’d probably be glad to know that at least Pinsky’s giving Bobbi Christine a break tonight.

        I’ve stumbled passed HLN a few times the last couple of weeks, switching the channel to whatever I happened to turn the TV on to watch – every time it’s Dr. Drew ranting about it being time to pull the plug on Bobbi Christine.

        • Dr. Drew is stupid and arrogant to make such a suggestion. If and when the time comes, her doctors will make that decision. GRRRRRR….. Now I’m really angry. I’ll have to watch “The Americans” (one of my favorites) in a bit and calm down.

        • What a horrrible thing for him to say. He’s assuming a lot…from a distance. He figures he knows more than the doctors that are treating her. Grrrr….. Almost time for “The Americans.” Thank God.

        • What right does he have to say that??? They will do it when they feel there is no hope even if it takes 6 months……No one has a right to say anything……
          I really dislike that man…a Dr. Phil want a be!!!

      • He also bothers me more than any of the other pundits. I won’t spend my time writing about the others anymore. Dr. DP, however, comes across as the most recklessly abusive of the bunch, because he’s an M.D. Don’t ever see his face, though – only listen to the blah blah on the radio once in a while.

  58. I have been catching up reading and I see several of us are wondering just what was the EXACT WORDING that JSS spoke to the jury to get them to go back & deliberate more to deliver a DP verdict.
    …And, whether she calls it an “impasse charge instruction’ or an “Allen charge” or a “Dynamite charge” it seems like the exact wording is the important thing, which would determine if it is legal or not.
    …So, did she deliver these jury instructions in the guilt trial, & in penalty phase of that trial, & in this re-trial sentencing phase, ((all in secrecy)), or was a court stenographer there to record every word spoken by the judge???
    …Why can’t the DT subpoena the documents that the (((stenographer recorded))), not the paperwork she held in her hand to read from, but what (((she actually spoke to the jury))) & would be nice if it is on audio/video. …
    …This is total crap about judges giving verbal instructions to a jury and sometimes not wanting to give them the written wording for them to re-read in jury room, as (in the past I have seen that in other trials, on TV).

    • Jury instructions are almost always modified and rarely given in their standard form in any state or ANY type of case (criminal, civil, etc.). Lawyers spend literally hours upon hours hashing out jury instructions with one another before their agreed upon instructions are presented to a judge (and the judge may have his/her own opinion requiring further modification, albeit typically minimal).

      In this particular retrial, the standard instruction *had* to be modified because there can NOT be another trial according to AZ law. Thus, presenting that portion of the “standard instruction” (referencing further trial and expense) would have been irrelevant (leading to further confusion) and ridiculous (no lawyer or judge would have given that). The sentencing retrial jury is already the “last ditch” before the judge must determine sentencing.

      Nurmi objected and moved for mistrial for no other reason than to preserve the record. By moving for mistrial (regardless of form — oral or written), Nurmi “filed” the motion. A motion does not have to be communicated in writing. Regardless of what tweeters noted, Nurmi motioned the court for mistrial. Motions are frequently made orally. There is no reason to file a written brief other than to provide further support (i.e., case law). An oral motion serves the same purpose as in writing, and is timely while *in* court. Why? Unless an objection or motion is made in a timely fashion, the issue cannot later be addressed on appeal (except in very rare circumstances). Nurmi’s objection had absolutely nothing to do with the modification to the instruction, and everything to do with the fact that the judge chose to provide the additional jury instruction. In other words, it’s a legal technicality in case a subsequent appellate decision should ever strike the use of such a jury instruction years down the line but before this case comes up on appeal. It might be worth arguing then so it is preserved.

      Additional jury instructions are extremely common and given frequently. Allen charges/dynamite charges/impasse instructions (whatever one chooses to call them) are all extremely similar — state to state — and frequently given by a judge in states where they have not been previously stricken by appellate decisions.

      Something in the jurors’ questions indicated that they were at an impasse. They may have asked something like “If 6 of us believe the defendant deserves a sentence of life and 6 of us believe she should be executed, can we render this verdict?” Juries are regular people. They are not trained in the law. They presented two questions which led the judge (and attorneys for both sides who conferred) to believe the jury had reached an impasse. Therefore, the judge gave this modified instruction.

      There is nothing irregular here. Don’t waste your efforts worrying. Worry more about the jury’s continuing deliberations and attempts to reach a unanimous verdict. And remember, it’s always a mistrial if the jury can NOT reach a unanimous verdict. Legal terminology is strange unless you’re familiar with it.

      • One other point of clarification re: “filing” a motion. It is common to make a motion orally in court when it refers to the relevant issue (e.g., giving the modified instruction to “assist” the jury). Court rules generally require that a motion be submitted in writing when it refers to other matters (e.g., prosecutor signing autographs outside the court.) An oral motion can be immediately granted or denied by the judge, without a separate written order (both the motion and judge’s decision are recorded on the official transcript). However, a motion filed in writing may allow for (depending on the rules), responses, briefing, oral argument (a hearing/mini-trial, during which evidence/testimony may be presented) and a written order. It’s all strategy, essentially.

  59. Good morning team ((((Jodi)))). Who would have thought we would still be here waiting for a verdict?? Media jumping on any little thing. Trying to read the faces of the jury every time they take a brake. I can not even begin to understand what they are going through. 26 hours locked in a room rehashing every thing over and over again. They have really worked hard but obviously do not agree. Well as of yesterday afternoon.

    We sit here on pins and needles the families are going through a hell that no one will know. The media doing what they do best stir the pot……

    My heart hurts for Jodi’s family. I have never seen a person with so much composure through out all of this as Sandy has displayed. I know I couldn’t do it. God bless you and your family Sandy.

    I’m truely hoping Jodi is able to get lost in her drawing and she finds some form of comfort as she waits. I truly believe there are angles around Jodi and her family.

    So another day starts and we all hope, pray that today will be be the day that this part will end!!!

    I keep repeating SJ’s words ” this is just to decide who pays for Jodi’s appeals!!!! So no matter what the verdit is DP, Life, or hung it is just the beginning for us!!!!

    God please watch over Jodi, her family and all of us…..

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