Jodi Arias Trial Update Today: Jodi Arias Retrial Set for September; Arizona Capital Murder Trials Have Three Parts

Jodi Arias Trial Update Today:  Judge Sherry Stephens set a Sept. 8 retrial date for the penalty phase retrial for convicted killer Jodi Arias.

The Jodi Arias retrial has been pushed back from March 17 because Juan Martinez, the prosecutor in the Arias case, is prosecuting in another trial that conflicts with Arias'  trial. According to the Arizona Republic, Juan Martinez is scheduled to begin the trial on May 12.

Capital-murder trials in Arizona have three parts. First, a jury determines whether the person is guilty of first-degree murder. Then, jurors determine whether there are any aggravating factors. Jodi Arias was found guilty on May 8, 2013. The jury found that the murder was committed in an especially cruel fashion one week later. The 33-year-old Arias was convicted of killing her boyfriend at his suburban Phoenix home in 2008. Jodi Arias said she did it in self-defense. She claimed Travis Alexander had a violent outburst while they were shooting a nude video and she dropped his camera. The jury found her guilty but couldn't decide whether to sentence her to life in prison or give her the death penalty but the jury couldn't reach a verdict on her sentence.

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 spend her entire life behind bars or be eligible for release after 25 years.

The Jodi Arias retrial is being delayed because Juan Martinez, the prosecutor in the Arias case, will be busy with another trial that conflicts with Jodi Arias' retrial. The trial is the oldest capital murder case in Maricopa County and may also be a death penalty trial.  Maricopa County Superior Court Judge Joseph Welty ruled the trial of Bryan Hulsey, who was accused of killing a police officer in the Phoenix area in 2007 will go first. The Bryan Hulsey trial is scheduled to begin May 12.

Judge Sherry Stephens denied two motions by Jodi Arias to fire her lead attorney, Kirk Nurmi.

Jodi Arias delivered a twelve page handwritten letter saying that she no longer trusts her lawyer Kirk Nurmi. Arias says that she hasn't seen the Nurmi since the end of the first phase of the trial on May 23. Jodi Arias' complaint says he "does not listen or respond to my concerns."

In the motion, Jodi Arias wrote "Mr. Nurmi, however, in his utter poverty of people skills, simply said to me with contempt, 'You're not going to get your way just because you throw a tantrum.' Judge, this was no tantrum. Far from it. This was a full-blown emotional meltdown. I wasn't throwing a fit, I was falling apart. Having known me for 3.5 years at that point, Kirk Nurmi should have easily discerned this, but his failure to do so shows he lacks the capacity for empathy and chooses anger over attempting to understand any impairment his client may be experiencing in direct relation to the case and court proceedings."

Cassandra Collins's, Jodi Arias' cellmate claimed that the convicted murderer said she wanted to give the prosecutor a "Mafia Bowtie," slang for cutting his throat. Jodi Arias was convicted of cutting the throat of Travis Alexander. Jodi Arias says her former cellmate's claims are lies.

Because of the excessive publicity, Jodi Arias attorneys have already filed motions requesting that the sentencing phase of the trial be moved out of the Phoenix area. Jodi Arias' lawyers filed a motion for a change of venue after finding that 70 percent of the media coverage in the state started in Maricopa County. Lawyers also want Jodi Arias trial live stream television coverage prohibited for the retrial.

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