Mitigation
Mitigating circumstances are any factors that are a basis for a life sentence instead of a death sentence, so long as they relate to any sympathetic or other aspect of the Defendant's character, propensity, history or record, or circumstances of the offense.
Mitigating circumstances are not an excuse or justification for the offenses, but are factors that in fairness or mercy may reduce the Defendant's moral culpability.
Mitigating circumstances may be offered by the Defendant or State or be apparent from the evidence presented at any phase of these proceedings...
The circumstances proposed as mitigation by the Defendant for your consideration in this case are:
- Defendant was 27 years old at the time of the offense.
- Defendant has no prior criminal history.
- Defendant was a good friend.
- Defendant lacked support from her family.
- Defendant suffered abuse and neglect as a child and as an adult.
- Defendant tried to make the best of her life.
- Defendant consistently tried to improve herself.
- Defendant is a talented artist.
1. Defendant was 27 years old at the time of the offense.
PROSECUTION: Age has absolutely nothing to do with mitigation in this case. At twenty-seven, the Defendant is plenty old enough to know right from wrong. While she may be immature and suffer from abandonment issues, the Defense wants you to believe these things, which are Not Jodi's Fault, are mitigators. We've heard it before: Jodi is a victim. But you know what? If you want to say she's a victim, just say she's a victim of her own poor choices, all the poor choices she made in life. Murdering Mr. Alexander was one of those poor choices. And that's why we're here today.
2. Defendant has no prior criminal history.
DEFENSE: The Defendant, Miss Arias, has never been arrested for anything other than for the murder of Mr. Alexander. If the prosecution had evidence that she had, they would have presented it. [Uh, no, the Judge would have precluded any reference to prior bad acts unless they had relevance which was more probative than prejudicial.]PROSECUTION: If somebody robs a liquor store and doesn't get caught they're still a criminal. Let's talk about what criminal activity Miss Arias was not arrested for...
You saw the interrogation tapes where the Defendant told Detective Flores she once kicked the family dog and the dog ran away, never to be seen again. That's animal cruelty but, no, she wasn't arrested for that. [I don't think Martinez can speculate she actually killed the dog, as we all do.]
[I'd like to be able to add the pot-growing incident next, but I don't believe the jury ever heard that.]
You heard from the Defendant's own journals how she would get angry and destroy things. And you heard from Marie Hall and Lisa Diadone about how the tires of Mr. Alexander were slashed and we all know who did that -- Jodi Arias. That's destruction of property and, no, she was never arrested for any of that.
Lisa Daidone also told you how she and Travis found her front door wide open after one of the tire slashing incidents. And we all know who did that -- Jodi Arias. And who was it that kept entering the home of Travis Alexander unannounced through Napoleon's doggie door? That's right, Jodi Arias. That's breaking and entering but, no, she was never arrested for that.
You've heard how the home of the Defendant's grandparents was burglarized on March 28, 2008. "Somebody" stole a gun, a DVD player and thirty dollars and whatnot. And we all know who did that -- Jodi Arias. And you heard how Miss Arias stole a ring from Travis Alexander. Well, now we're talking about theft -- but, no, she was never arrested for any of that.
You heard how the Defendant kicked her own mother. That's assault but, no, she was never arrested for that.
You heard how the Defendant went peeking in the windows at Mr. Alexander's home and watched him make out with another woman. That's trespassing but, no, she was never arrested for that. [It's not voyeurism unless she did it for her own sexual gratification. At least that's my understanding.]
I don't think we need to list all the times she stalked people, including Mr. Alexander. Well, stalking is a crime. And you guessed it. She was never arrested for that, either.
Now lets talk about all the lies. Did you know lying to a police officer is a crime? One of the lies she told to Detective Flores was that two masked intruders killed Travis Alexander. That's impeding an investigation and it's a crime. And she lied to you on the witness stand about the gas can and that's called perjury. Did she get arrested for any of that? No, she didn't.
Ladies and gentlemen of the jury, you do not have to be arrested to be a criminal.
3. Defendant was a good friend.
DEFENSE: Miss Arias took the wedding photos of her friend, Patti Womack. And she didn't charge a dime for doing it. And she bought a sack of groceries for Bobby Juarez. [Help me here. Aside from these, I'm clueless.]PROSECUTION: So what?!
4. Defendant lacked support from her family.
DEFENSE: [Can't predict what lies Jodi The Victim will come up with for this one.]PROSECUTION: If you look at the evidence in this case, it doesn't sound like she wanted the support of her family. The Defendant dropped out of school and ran away from home at the age of seventeen just because she got grounded. She kicked her mother. Then her mother flew to Mesa and rented a U-Haul to help her move back to Yreka... but no, the Defendant didn't want that help. And after she moved back to Yreka, who was it who took her in? It was her grandparents... and she stole from them. Her brother drove her to rent the Ford Focus at the Redding Airport on June 2nd, 2008. That was supportive, wasn't it? [Gotta stop there. The line is blurred as to what the jury does and doesn't know.]
5. Defendant suffered abuse and neglect as a child and as an adult.
DEFENSE: [The alleged wooden spoon, belt and hand slap won't go far at this point.]PROSECUTION: Prove it by calling a witness other than Jodi Arias.
6. Defendant tried to make the best of her life.
DEFENSE: [Some yada yada about buying a house (which foreclosed) and PPL and the LDS fake conversion.]PROSECUTION: [As Martinez already said,] That's what everyone does. Big whoopin' deal. Move along.
7. Defendant consistently tried to improve herself.
DEFENSE: [More of the same from #6 above?? We're down to seven mitigators.]PROSECUTION: Zzzzzzzzzzzzzzzzzzzzzzz.
8. Defendant is a talented artist.
DEFENSE: Ladies and gentlemen, the artwork of Miss Arias has sold for thousands of dollars. She won a singing contest in jail. If you let her live, she'll keep singing and drawing and maybe make a lot of money which she plans to donate to survivors of domestic violence.PROSECUTION: [Sorry, I'd get way too snarky on this one. I'm gonna have to wait until the mood passes.]
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