"Ridin' the 'Omnibus'"...
"'Omnibus'... An omnibus hearing is a criminal pretrial hearing." -USLegal.com
"For there is but one essential justice which cements society, and one law which establishes this justice. This law is right reason, which is the true rule of all commandments and prohibitions. Whoever neglects this law, whether written or unwritten, is necessarily unjust and wicked.” - Marcus Tullius Cicero, On the laws
"The true mystery of the world is the visible, not the invisible.” - Oscar Wilde
The wheels of the mysterious "Omnibus Hearing" have now been set in motion and are rolling forward, and we know for a fact that Jodi Arias has jumped on board, aided-and-abetted by Judge Sherry Stephens (JSS), with the approval by Judge Joseph Kreamer, because filings posted on the convicted murderer's AZ Maricopa County Superior Court Docket & Minute Entries both reflect that the psycho-killer is being allowed to ride on the "Omnibus" in the hopes that the Death Penalty will be taken "off-the-table". The mystery is why the AZ Media remain silent... and a cloud of fascist-style secrecy permeates Skank's cynically devised "Omnibus" tactical ploy.
On Friday, January 23rd, 2015, a Status Conference took place, in which Jodi Arias and a group of approximately a dozen or so defendants all charged with 1st degree premeditated murder, appeared before Judge Kreamer in preparation for an "Omnibus Hearing" that was originally scheduled for February 6th, 2015. Afterwards, another Status Conference was re-scheduled for late April 24th & the "Omnibus Hearing" for early May 8th, of this year-- and, all of these defendants are hoping that the State's "Notice of the Death Penalty" will be vacated. Wouldn't you think that somebody, anybody for that matter, in the AZ Media might have been interested to attend this pretrial status conference in order to ascertain why Jodi Arias is the only convicted murderer, in the middle of a penalty re-trial, who has been allowed to join-up & jump on the "Omnibus" bandwagon? The AZ Media's stark lack of curiosity is astounding, if not suspicious, if truth be told. Has somebody in a powerful position in the AZ Judiciary and/or the powerful AZ Defense Attorney Lobby asked the AZ Media to remain silent? Who the hell are the AZ Media serving? Certainly not the best interests of the public!
None of the other defendants who have jumped on the "Omnibus" have even faced their murder trials, as yet. They are still awaiting trial, and as such, in the eyes of the law, they are still considered to be innocent until proven guilty. By contrast, Jodi Arias has already been tried and convicted of 1st degree premeditated murder, with the aggravating factor of cruelty, for her savage butchery of Travis Alexander, in May 2013... and the last jury found for the aggravating factor of especial cruelty... rendering her eligible for the Death Penalty. A jury was impanelled in October 2014-- (over a year following the original final penalty re-trial date of July 18th, 2013, which was bizarrely postponed over and over and over again, without explanation)-- in order to commence the rendering of a judgment about her sentence of either the DP or Life, and thus, this nightmarish re-trial is now nearing 3 months in duration, with no end in sight. In the State of Arizona, a jury is chosen to decide the killer's fate unless both the defendant and the State agree to waive trial by jury, as per the Arizona Rules of Criminal Procedure 13-752:--
"At the penalty phase, if the trier of fact is a jury and the jury is unable to reach a verdict, the court shall dismiss the jury and shall impanel a new jury. The new jury shall not retry the issue of the defendant's guilt or the issue regarding any of the aggravating circumstances that the first jury found by unanimous verdict to be proved or not proved. If the new jury is unable to reach a unanimous verdict, the court shall impose a sentence of life or natural life on the defendant .." - AZ 13-752 (K)
""Trier of fact" means a jury unless the defendant and the state waive a jury, in which case the trier of fact shall be the court." - AZ 13-752 (S)
Therefore, it is the jury who decides upon a Death Penalty verdict, not a judge, in the State of Arizona, unless both sides, i.e. the defendant & the State, were to agree to waive a jury trial-- in which case the judge would decide upon LWOP or LWP. And as such, the fact that Jodi Arias has been allowed to jump on this highly camouflaged. "Omnibus" begs the question as to what her legal argument has been. An "Omnibus Hearing" is a "pretrial" vehicle that is used by the Court, in this case, to decide whether or not that there are grounds to dismiss the State's "Notice of the Death Penalty" for a pool of defendants-- and, it appears that when JA & Co. found about it, that they manipulated JSS into letting the psycho-butcher "take it for a ride". That this particular "Omnibus" is being ridden by a group of defendants, rather than each defendant's case being heard, one-on-one, on the basis of its' own individual merits, deserves an honest explanation to the public by the AZ Judiciary, forthwith. That Jodi Arias is a different beast altogether, and that her own case is an entirely different animal-- since unlike the rest, she is a convicted murderer, whose penalty re-trial is in-progress-- compels the right of the public to expect full and immediate disclosure as to what legally-based scenario, if any, justifies such extraordinary special favoritism shown to her, over and above that which is granted to other convicted killers. Consider the following:--
1. A prominent high-profile attorney has advised me, that in the event, that all of the defendants, including Jodi Arias, were served with the same "Notice of the Death Penalty" by the State, and that, should Judge Kreamer decide to vacate the DP, then the dismissal of the DP would apply to them all, as a "blanket" decision. No exceptions:-- i.e. Jodi Arias' DP sentence, along with the other defendants' DP notices would be taken "off-the-table". Logically, that would seem to indicate that each defendant's case is not being considered based upon its' own merits, but instead, on the basis of the State's rationale and/or argument in constructing the "Notice of the Death Penalty" itself. If the State, for example, has incorrectly derived a "Notice of the Death Penalty" that is deemed to be invalid by the Court, then wouldn't every defendant have a legal claim to demand that theirs too be over-turned? -- e.g. Not only those defendants who have been charged with murder but whose cases have not, as yet, come to trial; but also, those convicted murderers who have already been sentenced to the Death Penalty, under the same conditions as the former, could surely now demand that their DP sentences too be vacated. This "Omnibus" is taking a ride through a legal mine-field:-- e.g. Bryan Wayne Hulsey's attorneys might want to sit up and take notice. In the State of Arizona, the prosecutor is entitled to pursue the Death Penalty, in those cases, whereby the defendant is charged with 1st degree premeditated murder. It is the AZ Legislature who codifies the law governing the DP, not the Courts who are there to uphold the law-- and ergo, the AZ Judiciary might well be advised to remember that, and not to try to push a political agenda formulated by the anti-DP lobby, via an underhanded judicial fiat, i.e. judicial tyranny.
2. If however, under a different scenario, which we do not know would occur, Judge Kreamer were to assess his decision on a case-by-case basis, then why would this "Omnibus Hearing" be a group-hearing, akin to a "class action lawsuit", rather than an individual case-by-case appeal by each defendant separately via their own specific pretrial conference? In this country, we do not allow group-murder trials for our citizens who commit unrelated killings, as an example-- to be distinguished from a murder trial whereby more than one defendant is charged with a joint-crime against the same victim or victims. Each defendant is granted an individual trial for a serious charge, like murder, when there are no accomplices. Are all of the defendants in this "Omnibus Hearing", including Jodi Arias, claiming a violation by the State of the Rules of Disclosure, which is a standard reason for holding such a pretrial hearing? If so, then Judge Sherry Stephens has already ruled that there has been no violation by the prosecutor, Juan Martinez vis-à-vis the Rules of Disclosure (AZ Rule 15.1) in rulings by JA & Co., asking to dismiss the Death Penalty, over the past 2 years. Why would Judge Kreamer be asked to entertain what would be tantamount to an appellate case, which should be filed with the Court of Appeals and the AZ Supreme Court, after Jodi Arias is finally sentenced? And, are all of these other defendants making the same kind of claim too? The difference would be, from a legal standpoint, in their cases, that they are entitled to request a "pretrial" review because they have not to-date faced their trial by jury-- whereas, Jodi Arias has had her day in court, and was found guilty of 1st degree premeditated murder, with the aggravating factor of cruelty.
3. As a result of the vast legal difference between Jodi Arias' position as a convicted murderer, and that of the other defendants, not as yet tried and/or convicted, what is really going on behind-the-scenes, regarding this particular "Omnibus Hearing"? Could it be that a gaggle of anti-DP lobbyists, including a gang of defense attorneys "on-the-make" for defendants charged with 1st degree premeditated murder, have taken it upon themselves to manipulate the AZ Judiciary into conducting a politically-motivated "trial by fiat", using the "Omnibus" as their front-loader, to commence removing the DP, because they are unhappy that the citizens of the State of Arizona have not pressured the legislature into changing the law? If so, then this unscrupulous tactic is the kind of judicial hijacking of the criminal justice system by unethical terrorist-lawyers that the public should be made aware of ASAP, before it becomes a way-of-life by which corrupt judges & shyster lawyers illegally over-ride laws that they simply choose to ignore, because they don't like them-- i.e. like the US Constitution, which JSS has repeatedly violated in order to coddle Jodi Arias & her dishonest attorneys!
It's very clear, imo, that the AZ Media are complicit in covering-up, what may become a catastrophic miscarriage of justice, by playing "lap-dog" to some power-brokers involved in this Hot Mess-- i.e. (a) by not attending the "Omnibus Hearing" to report back the ramifications of what has taken place-- (b) by not reporting upon the legal rationale employed for conducing this "Omnibus Hearing", in the first place-- and, (c) worst of all, by not even asking basic questions about how it has come to pass that Jodi Arias, a convicted murderer, has been allowed to join the "Omnibus Hearing", a Pretrial Hearing. The citizens of the State of Arizona may or may not give a damn, or perhaps, they are simply are unaware of the sordid & squalid events which are transpiring in the AZ Maricopa County Superior Courthouse because the AZ Media is keeping them in the dark-- but, citizens throughout this country beware:-- for We the People do not want to wake-up one day and find that our US Constitution has been trampled asunder and that we are living under a tyrannical regime. The citizenry of any US State ought to engage in a spirited debate about whether or not to retain the DP-- that's a valid debate to be had-- but, the AZ Judiciary has no right to exploit nefarious, quasi-illegal means, in order to get around the law. That's downright crooked and it is unconstitutional!
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There are more questions than answers swirling around this bizarre "Omnibus Hearing", and in my opinion, it is vital for We the People to pose these questions to the AZ Judiciary, the AZ Media, and the AZ Political Machine, including the Governor, the Legislators, and, the State's Attorney's Office too. For public scrutiny is more important than ever... especially for those conscientious citizens who seek Justice4Travis, and who want to see Jodi Arias sentenced to the DP, or failing that, LWOP. The public deserve answers to the following questions:--
* On what basis has this "Omnibus Hearing" been granted to a pool of defendants charged with 1st degree premeditated murder? Is there a generic case to be made against the "Notice of the Death Penalty" filed by the State, or is each defendant's case being considered on its' own merits? Will the decision made by Judge Kreamer be a "blanket" decision applying to all of the defendants alike regardless of circumstance, or will each case incur a potentially different outcome?
* Why has Jodi Arias, a convicted murderer, whose last jury unanimously found her guilty of 1st degree premeditated murder, and also, with an aggravating factor of "especial cruelty", and who is in the middle of a penalty trial to determine whether or not that she will get the Death Penalty, allowed to attach herself to the "Omnibus Hearing", i.e. a Pretrial Hearing? Jodi Arias' case is no longer "pretrial", by any definition of that term. If she can jump on the "Omnibus", then why not other defendants, who have already been sentenced to the DP, including Bryan Wayne Hulsey, for example?
* Is it criminally fraudulent to mislead citizens impanelled as jurors, who in good faith are doing their duty, and believe that they are deciding upon the fate of the convicted murderer, Jodi Arias, but who are unaware that the "rug might be pulled out" from underneath their decision via the "Omnibus" Vehicle? Any "Omnibus Hearing" should take place prior to trial, not after a jury has been called to decide upon the DP or Life! Why would any judge ask a jury to make such a sacrifice (i.e. Skank's final penalty re-trial was supposed to be concluded by the end of December, 2014, so said JSS-- but now, it is being dragged out by JA & Co. until the end of February, and perhaps beyond), when the judge, Judge Sherry Stephens, has allowed the convicted murderer to "game the system" by jumping on the "Omnibus"? Shouldn't the jury be advised that Jodi Arias is riding the "Omnibus" in the hope that the DP will be taken "off-the-table"? The jury appear to be laboring under false pretenses, as JSS engineers the ways-and-means for JA & Co. to avoid the DP.
* When will the over 120 sealed documents; the transcripts from the many sealed hearings; and, the transcripts from the numerous inappropriate "ex-parte" meetings be made public? Within these unconstitutionally secret documents are the discussions which have transpired between this incompetent, biased, and corrupt judge, JSS, and JA & Co., which may cast light upon the rationale (and, the manipulations) which took place, leading JSS to manoeuver Jodi Arias to the "Omnibus Hearing." And, if it is found that JSS actually colluded with JA & Co. in order to "game" the trial proceedings, to be delayed for over a year-and-seven-months, from the hung jury, in May 2013, in order to enable the convicted murderer to avoid the Death Penalty, and to steer her to this "Omnibus Hearing", then JSS may be in direct violation of the law, as well as having violated her oath of office, and the public trust. Already, JSS has demonstrated that she is all too ready & willing to violate the US Constitution, the AZ Victims' Bill of Rights, the AZ Judicial Code of Conduct, and the AZ Legal Statutes governing the Disclosure of Witnesses by the Defendant to the State, in undue deference towards Jodi Arias. What other laws might have been violated by JSS?
* What is the nature of the relationship between the AZ Media & the AZ Judiciary, particularly in AZ Maricopa County? Why have JSS's many serious infractions of the law gone un-reported? Why is JSS allowed to let JA & Co. run-amok, without any serious investigative reporting taking place? Why has JSS's special treatment & unbelievable favoritism towards the convicted murderer been "swept under the carpet"? Why is it that the State is pummeled by the press reporters, but that gross negligence (e.g. lack of courtroom decorum; delays without precedent for a penalty re-trial; etc.); blatant incompetence (e.g. inability to rule in a timely manner; allowing DT to commit perjury & fraud; etc.); and, criminal wrongdoing by the judge (e.g. many inappropriate "ex-parte" meetings with convicted killer; unconstitutional secrecy; violation of the AZ Victims' Bill of Rights; etc.), JSS, is simply glossed over and excused with no expectation of public accountability? Why is this "Omnibus Hearing" such a big secret?
There have been too many unprecedented, inexplicable, and wrongheaded gifts, in violation of the law, given by JSS to Jodi Arias, over the course of the last year-and-seven-months, such that it is long overdue for the public to demand answers. Jurors are currently being asked to undertake the serious & grave duty to decide upon whether or not that Jodi Arias will get the Death Penalty. The AZ taxpayers are footing the bill for this nightmarish fiasco, due to the fact that this appallingly bad judge has been unable to manage the trial proceedings in a competent manner. The victims, the Alexanders, whose beloved brother was brutally slaughtered by Jodi Arias, have been forced to endure the back-breaking burden of delay after delay after delay, as well as the heart-breaking tragedy of watching Travis' reputation being dragged through the muck-and-the-mire by a hapless judge and an unethical defense team, who are defrauding the Court with lies, fabrications, and outright misleading testimony based upon perjurious testimony by hired-gun "experts" & crooked "affidavits".
The lack of integrity by JSS, as she has badly undermined the judicial process, particularly throughout this sentencing phase, is chronically obvious to those conscientious citizens who care deeply about our criminal justice system. The jury is the "trier of fact" in this farcical final penalty re-trial-- and for the "Omnibus Hearing" to be exploited to undermine their decision, if their decision is the Death Penalty, is wrong. It's wrong ethically. And, it may be wrong legally too. Jodi Arias will appeal her conviction & her sentence:-- she has been allowed to raise money over the course of the last few years, although she is classified as "indigent", and she has been bragging about her future appeals. Why afford the psycho-butcher this ride on the "Omnibus"? This is the question that the AZ Media should be asking. When referring to our justice system, the great U.S. Supreme Court Justice Louis Brandeis wisely observed:--
"Sunlight is said to be the best of disinfectants; electric light the most efficient policeman."
Without the light of public scrutiny, and, without the media reporting upon what is taking place in this trial, and others too... and, without our publically-elected officials held accountable for their actions, including JSS, an arrogant, foolish judge, in the AZ Maricopa County Superior Court... our criminal justice system is being corrupted before our very eyes, as we watch this nightmarish re-trial unfold. ... It's not always the new lie revealed in the courtroom that counts-- but also, the gaming-of-the-system by setting the plot-line, down-the-road, like this exploitation by JSS and JA & Co. of this mysterious "Omnibus Hearing." ... The shroud of secrecy which has covered the truth in the Jodi Arias trial has proven to be very, very costly and very, very destructive... and, if this is a harbinger of things to come... it should scare thinking people. Is this really how we want our justice system to be manipulated by judges & attorneys run-amok? Get Jodi Arias off of that "Omnibus" now!
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