Jodi Arias Trial Update Today: Jodi Arias Lawyers Ask to Shelve Death Penalty So Witnesses Will Testify; Jodi Arias Retrial Media Ban Overturned

Jodi Arias Trial Update Today: Attorneys for Jodi Arias asked Judge Sherry Stephens to take the death penalty off the table at the Jodi Arias sentencing retrial, citing three witnesses who refuse to testify in open court on her behalf.

In court filings last week, Jodi Arias' attorneys said the witnesses are afraid they will be harassed or threatened if they testify.

The lawyers say the refusal would bar Arias from receiving a complete defense. The jury is weighing evidence that will determine whether Jodi Arias is sentenced to life in prison or put to death for the killing of her former boyfriend, Travis Alexander.

The three witnesses who refuse to testify have not been publicly identified. Arias's lawyers say one is a longtime boyfriend of the defendant, one of the witness is a former Arias co-workers and one of the witnesses was a friend of Travi Alexander before he met Arias.

The Maricopa County Attorney's Office, has made no comment on Arias' legal team's request to throw out the death penalty.

Last month, an Arizona appeals court ruled that the Jodi Arias triail will be open for all testimony, including the reporters and the public.

"This ruling has further inhibited Ms. Arias' ability to present a complete defense of her life to the point that should a sentence of death be imposed by this jury, said sentence would be unconstitutional," said Kirk Nurmi, Jodi Arias' lead attorney.

Jodi Arias was convicted of first-degree murder on May 8, 2013 in the June 2008 death of Travis Alexander, but the jury couldn't reach a unanimous decision on whether to sentence the former waitress to death or life in prison.

Alexander was found murdered in the shower of his Mesa, Ariz., home in June 2008. Alexander's throat had been violently slit, he was stabbed 27 times and shot in the head.

In Arizona, capital-murder trials have three parts. First, a jury has to find the person guilty of first-degree murder. Jodi Arias was found guilty on May 8, 2013. Second, jurors decide whether there were any aggravating factors. The jury found that the murder was committed in an especially cruel fashion one week later. The third is sentencing. Under Arizona law, Jodi Arias' murder conviction stands, but prosecutors can pursue a death sentence in the penalty phase with a new jury. If the second jury fails to reach a verdict, the death penalty would be removed as an option. Judge Stephens would then sentence Jodi Arias to either life behind bars or be eligible for release after 25 years.

An appeals court decision last week overturned a ruling that closed the courtroom as Arias' first witness testified. Her lawyers previously said the witness would testify only in a closed courtroom.

The Arizona Court of Appeals is asking Judge Stephens to release a transcript of the Oct. 30 testimony.

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