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Check out the info & PDF documents below. They relate to the motions denied & granted today by the AZ State Circus:
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CHANGE OF VENUE – DENIED
The Court has no basis for finding the publicity about this case has been so outrageous that it will turn the new sentencing proceeding into a mockery of justice or mere formality. The mere exposure to publicity resulting in knowledge of the case does not create a presumption of prejudice when jurors can set aside the acquired information and render a verdict based upon the evidence. This Court will not be in a position to make such a determination until the jury selection process commences and potential jurors are questioned. The Court will inquire about a potential juror’s exposure to, and effects of, the pretrial publicity on that juror. Jurors with preconceived notions about the appropriate sentence will be excused. See State v. Greenawalt, 128 Ariz. 150, 624 P.2d 828 (1981).
The Court finds the Maricopa County jury pool is sufficiently large to assure impartial jurors can be found. A change of venue would create logistical issues for the parties, witnesses, court and involve substantial expense to the taxpayers of Maricopa County. No good cause appearing,
IT IS ORDERED denying the defendant’s Motion for Change of Venue
>>> CLICK TO DOWNLOAD COURT MINUTES DOC (PDF) <<<
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INDIVIDUALIZED VOIR DIRE – DENIED
A new trial on the penalty phase is pending. In the experience of this Court, the procedure followed at the first trial affords the Court and counsel an ample opportunity to explore relevant areas of inquiry and to evaluate “cause” and “preemptory challenges”.
During jury selection for the first trial of this case, there were very few requests by the prosecutor or defense counsel for individual voir dire of prospective jurors.
For the retrial, the jury questionnaire can be comprehensive enough to cover subjects that would otherwise be the topic of individual voir dire. While the
Court acknowledges there are unique concerns that have arisen because of the substantial publicity surrounding the case, the revised jury questionnaire may be expanded to address these issues. Since jurors will be questioned in small groups, the defendant’s concern that one juror’s statement might color an entire jury panel’s outlook is minimized. The Court acknowledges that it may be necessary to question some jurors individually. The Court’s procedures will allow for that to occur as deemed necessary by the Court.
The Court finds it is not in the interest of justice to permit individual voir dire of all potential jurors. The procedures used to select the jury in the first trial will be followed in the second trial, with minor revisions
For the reasons stated herein,
IT IS ORDERED denying Ms. Arias’ Renewed Request For Individualized Voir Dire By Counsel filed August 21, 2013.
>>> CLICK TO DOWNLOAD COURT MINUTES DOC (PDF) <<<
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MOTION TO PRECLUDE OR LIMIT LIVE MEDIA COVERAGE OF SENTENCING PHASE RETRIAL – GRANTED
For the reasons stated in this Court’s sealed minute entry dated November 14, 2013,
IT IS ORDERED granting Defendant’s Motion to Preclude or Limit Live Media Coverage of Sentencing Phase Retrial. Still photographic coverage will be permitted unless an objection is made by a specific witness prior to testifying. Use of electronic devices will not be permitted in the courtroom. Any media coverage must comply with Arizona Supreme Court Rule 122 and the policies of the Maricopa County Superior Court. Consistent with this ruling, FTR disks of the trial proceedings will be available to the media and public after the jury has reached a verdict.
>>> CLICK TO DOWNLOAD COURT MINUTES DOC (PDF) <<<
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Team Jodi
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