Jodi Arias Trial Update Today HLN: Judge Sets Jodi Arias Re-trial for Mid-March; Will A New Jury Be Able To Impose The Death Penalty?

Jodi Arias Trial Update Today HLN:  A Phoenix judge set March 17 as the date for the new penalty phase for the trial Jodi Arias. Arias was convicted of murdering her ex-boyfriend, Travis Alexander. Jodi Arias was convicted at Maricopa County Superior Court in Phoenix.

The first Jodi Arias trial ended in a murder conviction but the verdict for sentencing was declared a hung jury. If the jury of the second Jodi Arias penalty phase is deadlocked on the death penalty again, it would be up to the judge to sentence Arias to life in prison or life with the possibility of parole after 25 years.

A spokesperson for the Maricopa County Superior Court told CBS News' Crimesider that jury selection in the second penalty phase of the Jodi Arias murder trial is scheduled to begin on March 17. Arias was found guilty of murdering her ex- Travis Alexander in his suburban Phoenix home. 

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. The Jodi Arias trial hypnotized America as details emerged about the couple's sex life. Jodi Arias took the stand for 18 days to testify that killed Alexander in self-defense. Arias said Travis Alexander was given to fits of terror and that he had an outburst after she dropped a camera while they were shooting a sexy video.

Under Arizona law, prosecutors had the option of taking the death penalty off the table. If they took away the death penalty option, a judge would have decided whether Jodi Arias would either spend the rest of her life behind bars, or be eligible for release after 25 years.  Prosecutors decided take a chance with a new jury and intend to pursue another penalty phase. The new jury will decide whether Arias should be sentenced to death or life in prison. If the jury fails to reach a unanimous decision, the death penalty will automatically be removed from consideration. It would then be up to the judge to decide whether Arias is sentenced to life in prison or will be eligible for release after 25 years.

In July, Diane Schwartz, a member of the jury who found Arias guilty told Crimesider  "Some individuals [on the jury] looked at some of the mitigating factors - for example, that Jodi had been abused - they felt that she had been abused by Travis and as a child. They didn't feel she had the best family life. They felt that mitigating factor outweighed the aggravating factors. That was the biggest concern."

Schwartz isn't sure whether a new jury will be able to sentenced Arias to death, saying "Individual choice is what it comes down to and the makeup of the jury. It will be very hard. They won't have all of the emotional ties that we had. They won't have the four-and-a-half months of testimony. They will be given a capsulated version."

The mitigating factors, in the state of Arizona, include "any aspect of the defendant's character, propensities or record and any of the circumstances of the offense." In an attempt to save Jodi from the death penalty, lawyers for Arias introduced eight "mitigating circumstances" in the trial. The circumstances included Arias' age, her troubled upbringing and her artistic talent. Juan Martinez, the prosecuting attorney, dismissed the factors against the brutal killing.

Jodi Arias claimed she killed Alexander in self-defense after he attacked her after a day of raunchy sex. The police said that Arias planned the killing in a jealous rage.

Another Arias juror, Marilou Allen-Coogan, told Crimesider "I think it's going to be extremely difficult to seat a jury that is impartial. However, I think it's absolutely a possibility that Arias could receive the death penalty depending on what's presented."

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