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Jodi’s Appeal – Reply Brief (PDF Download)

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Here’s Jodi’s Appeal Reply Brief, filed April 2nd.

Click here (or click the pic below) to open the document (96 page PDF) in a new browser window:

jodi arias appellate opening brief

The arguments covered in the brief are as follows:

ARGUMENT 1:
The trial judge’s failure to protect Arias sufficiently from the massive, pervasive and prejudicial publicity during her trial violated her right to a fair trial.

ARGUMENT 2:
The trial court violated Arias’s right to confront witnesses and the Rules of Evidence when it allowed Officer Friedman to repeat statements made to him by Arias’s grandparents regarding a .25 caliber handgun that was allegedly stolen from their home during a burglary.

ARGUMENT 3:
The trial court abused its discretion when she allowed the state’s expert to testify regarding Arias’s mental state at the time of the crime.

ARGUMENT 4:
Arias was forced to wear a stun belt throughout trial, thus violating her right to a fair trial.

ARGUMENT 5:
The trial court committed clear error when she refused to reinstate panelists after the defense brought the prosecutor’s improper peremptory strikes to her attention.

ARGUMENT 6:
Pervasive and persistent prosecutorial misconduct denied Arias her rights to due process and a fair trial.

*** Click here to open the document (96 page PDF) in a new browser window ***

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UPDATE: The JAA Appellate Fund total currently stands at $105,247.77 — so let’s be sure to keep the momentum rolling so the fund total can push on towards the ultimate target of $250,000. That in turn will help towards covering all the legal fees associated with appealing Jodi’s wrongful conviction.

All donations via Justice4Jodi.com go directly to the fund. It is also 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 – they continue to steal money from Jodi’s future – and they should be actively avoided. If you are aware of any such sites, please help Jodi by clicking here and reporting them.

Remember… each day that passes takes us one day closer to Jodi’s release date.

we are team jodi - and we will be victorious

. . . . . . . . . . . . . . . . . . . . . . . . . .

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

Make no mistake.

Believe it.

Prepare for it.

Be part of it.

As always, be sure to leave your relevant 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

18 Comments

  1. I found this article/re-posted comment of Matt yesterday (I guess a comment he has made on this site here right?):

    https://jodiariasisinnocent.com/matt-mccartney-jodi-arias-is-innocent-jodi-arias-trial/

    I always wondered why there is no footage at all from Matt’s testimony/hearing on YT (btw probably the only good looking and decent (ex)boyfriend of Jodi, except Brewer maybe who was a decent guy too but a little too weak as a man imho, but still much better than pedo bear but that’s not very hard to accomplish, anybody is better than THAT pathetic and disgusting guy).
    Was it sealed? Even after the trial? Or has anybody a link I can’t find for whatever reason?

    Also, I find it strange when he as a friend didn’t go on the stand out of own will although Jodi let him off with a very noble gesture.
    As he says himself “Her life is on the line. She could get the death penalty. ”

    I mean even if she let him off after he asked her not to be involved wouldn’t it be the duty of a friend to do it anyway, especially given the circumstances and what is on stake?
    I find that strange to say the least. I wouldn’t be able to live with myself if I could help but still wouldn’t becasue of very superficial and selfish reasons (“so as not draw attention to myself or my new family “). Really? When someone could die for no reason other than a corrupt justice system? People are strange…I don’t get that.

  2. The publicity of that trial was a feeding frenzy for tabloid media and it was definitely benefiting the prosecution at the time. I kept thinking what a mistake it was to have a trial in which the jurors were not sequestered. The prosecutor also got away with throwing a piece of evidence (camera) on the floor in his theatrics. Given that the trial made for great ratings for HLN etc…..there became a mix of trial and drama to the detriment of the accused’s rights. That plus the accused’s own lawyer’s misplaced statements about not liking Jodi 9 out of 10 days as a way of trying to ingratiate himself with the public and jurors, knowing how angry the public was toward him, were just a few of the many issues in that trial. If that trial is not an unfair example of due process, I don’t know what is. We shall see.

  3. That’s an old comment of mine …don’t know how it ended up in new discussion…Anyway, if I remember correctly, the old boyfriend Matt didn’t want to testify for whatever reason like being in a new relationship but I also remember Juan making comments which were really threats that if Matt appeared in Court, Juan would likely be accusing him of perjury…someone from the deep dark past may be able to say more about that…but I seem to remember he was frightened about what would happen if he did go to court.

    • That’s sick, thanks for clarification Judy.

      Cheap and dirty, everything Kermit is able to – I think he misses those two things in his auto-sex life as a wanker. 🙂

    • Hey Judy, do you remember the judge stating that she felt Jodi was guilty? I was thinking that this also happened during the trial. Maybe someone from the olden days will remember……….I might have even dreamed it. It’s all been an ongoing nightmare!

      • Imho, even if it was kept unverbalized (I really don’t know even though I think I might have watched all of the footage by now and have a very good memory, but the recording of the retrial was shabby including the audio to say the least so I can’t be 100 % sure) you could still read it between the lines and from all her rulings/actions/overall demeanor/etc. – even at the day of final sentencing where she took like 5 minutes to read I don’t know how much support mail for Jodi and like over 50 examples for similar cases and their sentences which she got from Willmott.
        A joke…a caricature of a court, a justice system, a judge and a prosecutor (and his tolerated unacceptable demeanor and cheap/shabby tricks by said so-called judge and his never-ending misconduct on I don’t know how many occasions and levels), then the eye-rolling and smirking self-righteous, evil and revengeful dipshits in the courtroom who will all end up in hell if I’m wrong and there is unexpectedly actually one :-), the media circus in correlation with the not sequestered jury and whatnot, this whole thing, a shame.
        I mean even from her objection handling, wow, Kermit came through with almost any objection as opposed to the defense, but even if the defense got the objection granted Kermit could basically ask the same question thereafter and the objection was then overruled – and like 1001 more examples of similar misconduct. It made no sense so very often – there was no logic at all in the handling of overruling or sustaining objections. It was rule of thumb estimate at best because she it too stupid or just blatant bias/corruption.

        Kermit and the housewife being like Kermit and Miss Piggy in that Muppet show of a trial.
        Who can even doubt for a second that this overstrained housewife was biased to no end (or even corrupt, keywords: general attitude/guidelines of the Maricopa County Att office, possible LittleDumbassesService aka LDS cover-up, etc.) as much as Kermit was.

  4. Ahem…HOW in the freaking hell was the tiny dwarf “breast (caricature of a) man” ever allowed to change his fairy tale when this ruling took place prior to that fairy tale change and was the basis for aggravation in the first place?:

    https://eu.usatoday.com/story/news/nation/2014/10/23/detective-grilled-on-change-of-story-in-jodi-arias-trial/17811643/

    ———————–
    Martinez was allowed to pursue the cruelty aggravator after a court hearing Aug. 7, 2009, in front of Superior Court Judge Sally Duncan, who had the case before Judge Sherry Stephens.

    In her ruling, Duncan wrote:

    “The State presented evidence that the victim was first shot on the right side of his head near his eye with a .25 caliber handgun and that the bullet lodged in his left cheek. This wound was not fatal and may or may not have rendered the victim unconscious. The victim did not remain unconscious based on the infliction of the other wounds and the location of blood spatter evidence in the bathroom sink and blood in the hallway. In addition, the defendant told the police that the victim was unconscious after being shot but then crawled around and was stabbed.
    The victim was then stabbed 27 times in the back, shoulders, head and chest. Cuts on the hands were defensive wounds from grabbing the knife. With the exception of two wounds, these wounds were not fatal. The two fatal wounds were a deep stab wound to the chest and then a cut across the throat. While conscious, the victim would have felt pain and mental anguish associated with these multiple wounds.”

    Duncan allowed Martinez to allege cruelty. She did not allow him to allege that the crime was heinous or depraved.

    And according to court records, during an interview conducted by Nurmi in May 2011, Flores was still maintaining that Alexander had been shot first, based on autopsy results.

    Martinez presented the new theory in November 2012, just before picking a jury for the first trial.
    ——————————–

    This case and everything about it is so outstanding fishy.
    Could it not be that the ridiculous con-man+gangsta cult and state of the art mor(m)on religion LDS has anything to do with all the cover up and influence on a biased judge/court and that caricature of a prosecutor/county attorney office? I mean for real and not as a superficial conspiracy theory I’ve read already about here and there.
    Before I knew that Jodi admitted to killing that obese and uneducated dwarf with the most shabby character you can even think of and a missing chromosome according to his stupid face expression I thought anyway that the ridiculous LDS cult had something to do with it. Right from start, even before I knew remotely what I know now about the case, I thought that might at least be possible.
    Afaik they are really powerful in Utah and I think in Az as well, and worldwide too due to a lot of money/profit they make by pressing 10 % out of their outstanding superstitious and unbelievable dumb followers who, for example, believe in a 14 year old convicted con-man kid as a “prophet” who received “golden plates” from the almighty blue spaghetti monster in the woods somewhere in NY in the 1820’s (or probably just the dishes from his mom because he forgot to do his kitchen duty lol). As well as in their translation into *cough* “scripture” by sticking a head into a hat and using some stones that were prior used for other frauds (“finding” silver mines or something if I recall right) by that same 14 year old con-man, in jew origin in North America (which can even be disproven scientifically in a direct way by DNA – of course only if you believe in DNA hehe), men becoming “gods” (looooool) and women being basically worthless breeding machines and trash only there to serve those self-proclaimed “gods”, planet “Kolob”, living “prophets” who directly talk to god and whatnot. In addition the history of blatant racism, misogyny, etc.
    I have to quote Bill Maher about Mor(m)onism again since I really love this quote: “This religion is sooooo ridiculous Tom Cruise wouldn’t join it – and Glenn beck did!” 🙂

    I seriously can’t get over it HOW extremely ridiculous that religion/church is and that it has more than 0 followers who are actually stupid enough to fall for that oh so very obvious fraud, and that even among all other religions which are all basically frauds and hocus-pocus – LDS still stands out massively in terms of ridiculousness.
    And this video shows only a micro part of the whole absurdity. It’s hysterical that the human race at this stage of evolution still has mor(m)ons like that within its population who can believe in such blatant nonsense:

    https://www.youtube.com/watch?v=hY39CCebj6I

    This guy is hilarious too. I strongly recommend watching his videos. I couldn’t stop laughing when I discovered that years ago. The mor(m)on church is REALLY better than a library with a collection of the best jokes that were ever told. Too bad it is not satire and they are serious about it, a real downer for the human gene pool but at least the pedo bear did his part to improve it:

    https://www.youtube.com/watch?v=2wwt78_vqc0

  5. ARGUMENT 4:
    Arias was forced to wear a stun belt throughout trial, thus violating her right to a fair trial.

    I didn’t know about this violation until last year when somebody else brought this up. I would love to know what criteria the court used to justify this. If I remember correctly, a stun belt is applied to a defendant if they have been unruly or threatening in court and which Jodi was neither.
    The “expert” witness issue is also interesting considering Jodi had two experts with well over thirty years of experience between them and Demarte had ONE!
    Argument #2 doesn’t make sense to me because the Yreka police never considered Jodi a suspect in this burglary as far as I know. Obviously, it is a shame that they were not able to locate anybody who could physically verify them at the monastery. This would have stopped the prosecution in their tracks immediately.
    These arguments sound very compelling to me and I would think the AZ Appeals Court will be forced to take along hard look at these issues.
    Is there a timetable on a ruling?

  6. R. Love I don’t remember the judge saying that she thought Jodi was guilty but she behaved as though she had formulated an opinion as such. When the jurors were locked she made every effort to keep them in that conflict for as long as she could. I remember her pushing them to reach a decision when it was obvious they would not. To me, the Judge had taken Juan’s side in this case. It was an ugly and unfair court case from start to finish. I couldn’t believe what the prosecution got away with in this trial..imagine what it was like for that one hold out juror. The more I think about it the more I believe she deserves a medal for holding onto her right as a juror. It sure cost a lot in the end didn’t it. It didn’t serve the Alexander family well nor Jodi and her family. Nor did it improve the reputation of an already tainted justice system in Arizona.

    • You know why I’m asking…I wish to see Martinez pick up the soap in a jail’s shower if you know what I mean. 🙂
      I have no idea if that is even an option according to the charges but boys can dream right?

    • Thanks for posting this, Frank. The worst punishment Martinez could get is disbarment, I believe, not jail time. I’ve seen several people predict that he’ll at least lose his job, but I don’t know the basis for their confidence. Also on the bright side, I expect another bar complaint to be filed against him soon.

      • Hey Alan,

        Somebody might want to call the Guinness Book for this. Martinez might actually set a record for total number of complaints against one civil servant. If not, he has got to be in the top three at least!

  7. An article about former Maricopa sheriff Arpaio came up about his pardon. Apparently, he is trying to vindicate himself. Here is a snippet from the article
    “If Arpaio truly believes his own public proclamations of innocence – that he was denied justice because he didn’t get a jury trial – then he has the absolute right, as does every American, to go to court to try to clear his name.

    But you can’t have it both ways.

    You can’t be cleared of a crime you’ve been pardoned for committing”

    https://www.azcentral.com/story/opinion/op-ed/laurieroberts/2019/05/08/joe-arpaio-should-join-democrats-who-want-his-pardon-erased/1141842001/

    • I just finally read the article. Love it, the whole ironic and sarcastic undertone in it but especially this line lol:

      “(Snow, having been appointed by that well-known liberal president, George W. Bush.)”

  8. I don’t know Jodi, but I do know that the system failed. You could never dissect any act they way the prosecution did. We are humans and there is a human factor that can’t be measured by trying to break down every single though, act, movement, etc. Also it takes two to tango. . . it’s a two way street. I am not saying she was right or wrong, but never a wrong makes a right. I also believe her defense Atty wasn’t experienced enough to handle this kind of cases. I also believe they were both sick and never got the treatment they needed ; when you have two spoiled apples in a box, all you will get is “toxicity”…

  9. Contrary to Nancy’s belief. Not only do I believe I can do such a thing as to write my own discharge. I already have and I also included a ticket for her departure as well. Good luck and farewell. Count your friends as a blessing.

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