Arias lawyers discuss possible death penalty retrial
PHOENIX -- Jodi Arias' defense team responded Tuesday to Maricopa
County Attorney Bill Montgomery's suggestion last week that he would go
forward with a trial to convince a new jury to impose the death penalty
on Arias unless her attorneys made an offer for resolution.
"If the diagnosis made by the State's psychologist is correct, the Maricopa County Attorney's Office is seeking to impose the death penalty upon a mentally ill woman who has no prior criminal history," Kirk Nurmi and Jennifer Willmott said in a joint statement exclusively to The Arizona Republic. "Despite Mr. Montgomery's recent statements to the media, it is not incumbent upon Ms. Arias' defense counsel to resolve this case. Instead, the choice to end this case sits squarely with Mr. Montgomery and his office."
The decision will indeed be up to Montgomery.
Maricopa County Superior Court Judge Sherry Stephens has set a tentative
court date of July 18 to seat a new jury just to consider the death
penalty, but Willmott has indicated that she has a scheduling conflict
then.
Montgomery's statement that he would consider "offers" from the defense indicates he might consider concessions from Arias, such as not pursuing appeals. But courthouse regulars suggest that Arias, 32, could just as easily take her chances going back to trial. And in the event she gets death, she would have 20 years or so to do battle in state and federal appeals court to try to get a lesser sentence or a new trial.
If Montgomery lifts the intent to seek the death penalty,
Arias would receive a mandatory life sentence. Stephens would then
choose between life in prison or natural life in prison. The former is
frequently referred to as "life with chance of parole after 25 years,"
but that is a misnomer often used even during court proceedings.
Arizona discontinued parole for first-degree murderers in 1994. Anyone sentenced since then might be sentenced to life with possibility of release after 25 years. Parole is only available for those who committed murders before 1994.
"If the diagnosis made by the State's psychologist is correct, the Maricopa County Attorney's Office is seeking to impose the death penalty upon a mentally ill woman who has no prior criminal history," Kirk Nurmi and Jennifer Willmott said in a joint statement exclusively to The Arizona Republic. "Despite Mr. Montgomery's recent statements to the media, it is not incumbent upon Ms. Arias' defense counsel to resolve this case. Instead, the choice to end this case sits squarely with Mr. Montgomery and his office."
Montgomery's statement that he would consider "offers" from the defense indicates he might consider concessions from Arias, such as not pursuing appeals. But courthouse regulars suggest that Arias, 32, could just as easily take her chances going back to trial. And in the event she gets death, she would have 20 years or so to do battle in state and federal appeals court to try to get a lesser sentence or a new trial.
Arizona discontinued parole for first-degree murderers in 1994. Anyone sentenced since then might be sentenced to life with possibility of release after 25 years. Parole is only available for those who committed murders before 1994.
Courtesy: USA Today
