Proceeding Notes & Opinions
These are my notes, not a verbatim transcript.
Opening Statements
JUDGE STEPHENS: Reads jury instructions.
KIRK NURMI: Opening Statement. Tells the jury they will decide whether Arias lives or dies. Your verdict is not a recommendation. Miss Arias was presumed to be innocent, the state was required to prove she was not. You each have to make your own moral assessment as to which verdict is correct.
Miss Arias has the burden of proof for mitigating factors. Miss Arias will have an opportunity to talk to you. Reminds jury they can consider evidence from any phase of this trial. He suggests all twelve jurors do not have to agree on every mitigating factor during this phase so long as they agree on the verdict. Will hear from Jodi Arias, Patti Womack, Darryl Brewer. "...when you understand who Miss Arias is, you will understand that life is the appropriate penalty."
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.
You are not limited to these proposed mitigating circumstances in considering the appropriate sentence...
JUAN MARTINEZ: You are not to act as an advocate or investigator to find mitigating factors. Your duty is to look at all the evidence and judge the fairness to both the defendant and the victim. The eight factors presented by the defense [mitigators] are flawed... As to the mitigating factors, the connection or lack of connection to the murder may affect the quality. For instance, Defendant was 27 years old; there's no connection to her age and the fact she stuck a knife into the victim's chest... There is no connection. The connection of mitigators to the crime is something you may consider. Example, being a good friend has no connection. Support of her mother has no connection. Childhood abuse has no connection. Artistry has no connection. No criminal history but she testified she was untruthful to you, clarified to refer to the gas can being returned [perjury]. Good relationship with Mr. Brewer's child has no connection. That she lacked support from her family... this comes only from the defendant's mouth. That she suffered abuse and neglect... no evidence was presented in support of that. That she's trying to improve herself... that's what most people do. That she's a talented artist and photographer... she can take Calvin Klein photos of Travis in the shower and take photos of her crime then delete the images. There ARE no mitigating factors in this case. The proper verdict is death.
STEPHENS: Calls 5-minute recess. Jury leaves. Counsel approaches the bench. Arias leaves.
Victim Impact Statements
STEPHENS: Calls for the jury. Victim impact statements will be read to you.
MARTINEZ: Submits exhibits. Calls Stephen Alexander, younger brother of Travis.
STEPHEN ALEXANDER: [Facing the jury, his back to Arias] Got the news of Travis' death from his sister, Samantha, over the phone. He cries and asks why. I thought my brother was bulletproof. He was in two motorcycle crashes, wrecked several cars, rolled a snow mobile... who on earth would want to do this to him? I won't ever get the answers to most of my questions. How much did he suffer? How much did he scream? What was he saying? What was the last thing he saw before his eyes closed?... [Exhibit #656 showing Stephen and Travis singing]... He now has nightmares of being attacked with a knife... cannot sleep alone in the dark anymore... dreams of his brother thrown in the shower, left to rot in there all alone... doesn't want to have to see his brother's murderer anymore... or hear his name dragged through the mud anymore... has ulcers and is on anti-depressants... distances himself from everybody and ultimately separated from his wife... poor daughter has to be passed back and forth between parents... he misses them very much and can't wait for this to end so they can get back to their lives... Travis left a notecard to "Call Stephen" but he never got the call... now when I want to see my brother I have to go to a six-foot-deep hole in the ground. He was meant to do so much more, never got to live his dreams, meet his goals. In 2008 he blogged his affirmations: "This year will be the best year of my life... a year where the impossible will become commonplace..." [Stephen continues with the powerful, powerful words directly from Travis regarding his life plans; incredibly eloquent.] People across the globe have been influenced by him. He has a legacy. We have to make sure it survives. He was so brutally ripped out of this world, my world. Hopefully one day I can make him proud.
MARTINEZ: Calls Samantha Alexander, younger sister of Travis.
SAMANTHA ALEXANDER: [In tears before she begins] This tragedy has forever changed the lives of the siblings. My family has been tortured by the loss of Travis. Travis was the one who got them through the pain of the loss of their parents. [Exhibit #659, photo of Travis and grandmother who died shortly before jury selection]. Losing Travis has destroyed the overall health of our family. Travis was our strength, our constant beacon of hope. His giving spirit, his determination for accomplishment and his endless strength as a foundation for our family has been taken from us and can never be replaced. He motivated us with topics he will never be allowed to live out. We'll never the same. Travis never took anything for granted. He was not shy. He was full of life. If he were to walk in this room you'd immediately feel his warmth. He had the ability to make others feel appreciated and loved and good about themselves. "The difference between a stumbling block and a stepping stone is the character of the individual walking the path," wrote Travis [also quoted by Stephen]. He motivated us to make our lives better than the ones we were born into. His potential was cut short. A couple of weeks before his death, he came to see me in southern California. He let me read the preface to his book. We both agreed no matter how miserable we were, our childhood made us strong and able to conquer anything. [Exhibit #660, photo of Travis and Samantha taken during the visit, a photo she will forever cherish]. On the morning of June 10 she was on a river trip and checked her voice mail before going out onto the river... got the voicemail from her grandmother who had been crying... she knew someone was dead... sister Tanisha answered the phone screaming "Travis is dead!" To this day my mind paints a picture of what happened the night Travis was taken. The thoughts of what Travis must have went through that day, the pain, the screams, the agony, the fear when Travis was being brutally taken. We have heard every detail of the crime. I'm a police officer, some of these photos are more gruesome than anything I've ever seen in eleven years in law enforcement. Our minds are stained with the image of his body slumped dead in the shower. Our family has born the burden of financial hardship to be here, being away from our loved ones, stepping away from our duties in the workplace. Travis was the only family member who lived in Arizona, making it very difficult for us to be here. These are [the type of] times when we would have expected to look to Travis for support. To have him taken so barbarically is beyond any words to describe our loss. We will miss his contagious laughter, his jokes, his funny dances, his help in hard situations, his guidance when we are lost, his motivation, his insight, his huge smile [Exhibit #661, closeup of Travis]... he was the glue in our family. We have not been together since Travis has been gone... it's simply too hard to think of that one empty chair. Travis had an incredible heart, a huge heart, that will forever be missed. Our lives will never be the same. We can never get him back. We are so grateful for him, lucky and blessed for the time we had with him. We would give anything to have him back. Thank you.
MARTINEZ: Nothing further.
STEPHENS: Calls noon recess. Resume at 2pm Pacific. Jury leaves. Counsel approach.
To be continued...
KIRK NURMI: Opening Statement. Tells the jury they will decide whether Arias lives or dies. Your verdict is not a recommendation. Miss Arias was presumed to be innocent, the state was required to prove she was not. You each have to make your own moral assessment as to which verdict is correct. 
JUAN MARTINEZ: You are not to act as an advocate or investigator to find mitigating factors. Your duty is to look at all the evidence and judge the fairness to both the defendant and the victim. The eight factors presented by the defense [mitigators] are flawed... As to the mitigating factors, the connection or lack of connection to the murder may affect the quality. For instance, Defendant was 27 years old; there's no connection to her age and the fact she stuck a knife into the victim's chest... There is no connection. The connection of mitigators to the crime is something you may consider. Example, being a good friend has no connection. Support of her mother has no connection. Childhood abuse has no connection. Artistry has no connection. No criminal history but she testified she was untruthful to you, clarified to refer to the gas can being returned [perjury]. Good relationship with Mr. Brewer's child has no connection. That she lacked support from her family... this comes only from the defendant's mouth. That she suffered abuse and neglect... no evidence was presented in support of that. That she's trying to improve herself... that's what most people do. That she's a talented artist and photographer... she can take Calvin Klein photos of Travis in the shower and take photos of her crime then delete the images. There ARE no mitigating factors in this case. The proper verdict is death.
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