The Defense in State v. Jodi Arias filed ANOTHER motion for a mistrial this past Sunday regarding prosecutorial misconduct and ineffective assistance of counsel. Now before you start going batty and cursing them, hear me out.
The trial has already cost me close to $1 million. When I say “me” I mean the taxpayers of Maricopa County. Do we really want a guilty verdict for first degree murder to be reversed on appeal? Do we really want this to come back and cost another million? Let me answer that rhetorical question…NO. So I want the defense to do their job, I want them to file motions and raise issues. Honestly, I am not worried they will be successful, but I want them to do their job.
One of the most basic, and most understandable, grounds upon which to file an appeal is “ineffective assistance of counsel.” This means exactly what you might think, the attorneys were “ineffective.” As a defense attorney you fully expect a client who appeals to claim you were ineffective. In order to win on this ground the defendant must show counsel was ineffective AND the result would have been different. Although this is a common appeal it seldom wins. But I digress…back to State v. Arias.
It is the State’s job to seek justice, not fame or fortune. It is the defense’s job to muddy the waters, confuse the jury, file mistrial motions and do everything in its power to obtain a not guilty verdict. I know it may seem immoral and wrong; however, that is our justice system and our Constitution. Every one is entitled to a defense. When it comes to State v. Arias I suggest that none of the motions filed thus far will be successful. They have not been with Judge Stephens and I doubt they will be with the Court of Appeals. However; I have been wrong before.
The latest motion is titled “Motion for Mistrial; Inability to Provide Effective Assistance of Counsel Due to Prosecutorial Misconduct.” The Defense is requesting a mistrial be declared based on prosecutorial misconduct that has infested these proceedings with a level of unfairness that cannot be cured by any other means.” Motion at p.1. It continues by claiming that the actions of the State such as “yelling at witnesses, attacking witnesses on a personal level and throwing evidence…
[and] releasing a plethora of damming evidence that would not otherwise come into trial to the media” has infringed upon Jodi Arias’ rights. As “bad” as this sounds, I predict Judge Stephens will deny this Motion.
I do not think this will be the last motion filed in this case and I hope I have given you at least a little bit of insight as to why the motions are being filed. Again, we want the defense to do their job because NO ONE wants this case to be reversed on appeal.