Jodi Arias Trial Update Today: Death Penalty Still On The Table At Jodi Arias Retrial

Jodi Arias Trial Update Today: Judge Sherry Stephens denied a bid by Jodi Arias lawyers to stop prosecutors from seeking the death penalty for the killing of Travis Alexander.

After a day of contentious testimony, Maricopa County Superior Court Judge Stephens denied all of the motions to take the death penalty off the table.

"Many of those motions alleged prosecutorial misconduct. The cumulative effect of those allegations does not require dismissal of the charges or the notice of intent to seek the death penalty. There may have been errors made, but those errors were not so egregious that they create concerns about the integrity or fundamental fairness of the trial," Judge Stephens wrote.

Jodi Arias was convicted of murdering her ex-boyfriend in May 2013, but jurors were deadlocked on Arias should be sentenced to death or life in prison. Jodi Arias' attorneys Kirk Nurmi and Jennifer Willmott have repeatedly asked for dismissal of the case or to take the death penalty off the table during both of Arias' trials.

Lawyers for Jodi Arias asked that the death penalty be dismissed because three witnesses scheduled to testify on Jodi Arias' behalf refused to testify in open court for fear of reprisal.

Arias' lawyers argued that investigators alleging that Mesa police Detective Esteban Flores and prosecutor Juan Martinez committed misconduct on numerous occasions. The lawyers claimed investigators tampered with Alexander's laptop to hide evidence that he had surfed the web for porn. Arias' lawyers alleged that Martinez, Flores and another Mesa police officer presented or gave false testimony by denying that there was pornography on victim Travis Alexander's computer. The pornography was discovered by computer forensic experts hired by the defense last fall.

Prosecutor Juan Martinez denied that authorities mishandled evidence found on Travis Alexander's computer evidence.


Jodi Arias admitted she killed Travis Alexander, but said she acted in self-defense because he was given to bouts of rage. Prosecutors said the killing was premeditated and fueled by jealous rage after Alexander said he wanted to break up with Jodi Arias and go to Mexico with another woman.

The first Jodi Arias trial ended with a conviction but not a sentence. Jodi Arias' murder conviction stands. Under Arizona law, prosecutors have the option of pursuing a second penalty phase with a new jury to get the death sentence. If the second jury fails to reach a verdict, the death penalty would be removed as an option. The judge will then sentence Jodi Arias to life behind bars or be decide that she may be eligible for release after 25 years. 

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