Jodi Arias Appeal Denied; Still Faces Death Penalty

Jodi Arias’ appeal was denied. Jodi Arias’ attorneys petitioned the Arizona Supreme Court to have the death penalty removed as an option during the punishment phase of the Jodi Arias trial.

Jodi Arias was convicted of killing Travis Alexander, her ex-boyfriend. The jury found her guilty of premeditated murder, but was split on whether to sentence her to death. The prosecutor now faces the decision over whether to find a new jury to decide Arias’ punishment.

Arias’ attorneys appealed to the state supreme court for review in February, claiming that the prosecution’s testimony about the extremely cruel way that Alexander died was inconsistent. Defense attorney Kirk Nurmi argued that the testimony of the investigator of Alexander’s death, Detective Esteban Flores, conflicted with the testimony of the medical examiner who performed an autopsy on Alexander, Dr. Kevin Horn. Two two men testified about the sequence of the knife and gun attacks. The jury found that Alexander suffered excessive pain during the murder. An aggravating factor has to be present for a jury to consider the death penalty under state law.

The Arizona Supreme Court rejected the petition for appeal. Arias’ attorneys also asked Judge Sherry Stephen to declare a mistrial on the same basis. The judge who oversaw the case declined as well.

Jodi Arias is jail waiting for the decision on whether to seat a new jury for the death penalty phase. If the prosecutor chooses not to move forward with a second penalty phase, Arias will be sentenced to life in prison either with or without the possibility of parole.

by Tony Sokol