Day 7 - "A Juror's Perspective". Written by: Paul A. Sanders, Jr. The 13th Juror MD @The13thJurorMD (Twitter)

The Jodi Arias Retrial (Sentencing) - Day 7 - "A Juror's Perspective".

Today was really an amazing day in our justice system. 

I came in today knowing that the public and media would probably still be locked out of the courtroom. That did not change my resolve to be there because we knew that this might change at any moment.

We left on Thursday, Day 6, with a secret witness on the witness stand. This witness was testifying in private because it was alleged loosely that this person may not otherwise testify if cameras and the public were present. Judge Stevens made the decision that proceedings would be closed, there would be a Jury present and a witness would testify.

Many of us believe it was Jodi Arias on the stand. A door had been opened to the Courtroom and someone saw her on the stand. We may not know for some time who the mystery witness was.

Seventeen Jurors came in today stepping away from their jobs, families and maybe even retirement to be here on time. They dressed for the day, parked in Jury parking and took the Jury bus to the South Tower. They were each accounted for and were probably in the Jury box by 10:00 AM. I expect they did not hear any testimony due to an Appellate Court Hearing to be held at 11:00 AM. It is possible they were sent home for the day due to waiting on the ruling. I further imagine that they were given the day off on Tuesday so they they could vote.

Sometimes, to a Jury, the Court can remove remarkably slow but the Court goes to great lengths to respect their sacrifice. The Jury would not know what the issue was today except that it was a Court function where they would not be needed. To a Juror, it will be a secret. Jurors learn to accept the filtration process and, sometimes, are happy to have the day off. They usually come without warning and are, oftentimes, a pleasant surprise.

I happened to hitch a ride to the Arizona Appellate Court about a mile and a half down the road. This hearing was about the right for the media and the public to be present at the Jodi Arias retrial. 

The building is about three quarters of a block long and made of yellow granite. The area outside lacks the hustle and bustle of the Courthouse I was used to. The building is seated across the street from a square block cemetery. The stones are granite and the ground looks hard and rocky. There is no grass and no flowers. It is a cemetery in an odd spot with the city surrounding it. It looks out of place but reminds me that this is a death penalty trial that we are seeing.

The first thing I noticed in walking into this Courthouse was its warmth as well as its silence. It was like being inside a funeral home. One did not hear the echo of feet walking down tile hallways. There was no soft chitter and chatter one might hear as people went about their business. There were no sounds of elevators making pinging sounds. It was as if we were in a greater Courthouse which, I ultimately learned, we were.

We were seated in a much smaller Courtroom but it was expansive with a ceiling. The walls were deep Walnut would with gold or brass accents. The seating was set up as much as one might find a pew in a cathedral. The seats had long, blue, faux velvet cushions that were very comfortable.

In front of the head of the courtroom, we could see where the Judge was going to sit. Upon a closer look, I realized there were three high-back chairs. The nameplates of each Judge were at the head of the bench reading Judge Portley, Judge Orozco and Judge Howe.

I looked to the right and saw Juan Martinez, Kirk Nurmi and Jennifer Wilmont seated at the same table. The defense nor the prosecution ever exchanged words between each other throughout the hearing and it was odd seeing them together on the same side of the courtroom. Elsewhere in the room, I saw Detective Flores, Jodi Arias' Mitigation Specialist and a host of media that I was coming to know.

In the center of the courtroom, facing the bench, was a podium which had two LED Clocks set at ten minutes a piece which I thought was curious.

We stood as all three Judges came in and had their seats at the front. The proceedings can be seen on my timeline as well as youtube. It is quite fascinating to watch and even more fascinating to see it live. This is the kind of thing a Juror would never get to see.

The rules were different from "normal" court. The Judges spoke whenever they wanted to. An attorney would be speaking and a Judge would tell and ask his or her thoughts. Each attorney was only allowed to speak a total of ten minutes including rebuttal time. 

David Bodney, the Lawyer Petitioner representing both the media and the public, presented his case.

He finished his argument with one minute and thirty eight seconds left for his rebuttal. His argument was clear, concise and logical. His style was smooth, unhurried and point driven. I found myself nodding in agreement while I was taking notes. He was really spectacular and graceful.

Kirk Nurmi spoke for the defense and the reasons that the media and public should not be present. At one point, he said, "the rights of Jodi Arias are higher than that of the public and media."

I had to work to keep from shaking my head vehemently.

In the end, only hours later, the Appellate Court of Arizona ruled that the rights of Jodi Arias are not greater than the rights of the public, in my own words.

I was listening to the banter of the Judges identifying the weaknesses in the defense argument when I realized that I was in the unique position of being in this great court and was the only representative of "the public". It felt much like being a Juror and representing "the public" in a more secret sense. I felt that way until a guy showed up in shorts, T-shirt and beach thongs about twenty minutes late. I thought he made the public look bad.

This segment of the Arias Trial is quite possibly precedent setting for high profile cases. It also spoke to our Constitution of which many have died defending. It spoke to a Court that must be transparent to the Public as well as the media. We do not hold trials in private.

It was a great victory for the American citizen. I was proud to have seen our Court process work swiftly and logically. 

We will find out at 1:30 today what the ramifications were of this decision because Judge Stevens has been given the flexibility to create boundaries. The Public may have to be in the overflow room instead of seeing the trial. The media may or may not be in the same room. Judge Stevens could decide that there is to be no "Tweeting" in the Courtroom. She may decide that no cameras are to be on.

I wonder if Janet, the Court Assistant, will be gritting her teeth when she has to reopen the Public Seating door. 

Anyway around it, the doors have to be opened to the public and the media because it is part of our Constitutional Right. 

People have died for us to keep that right.

They have also died for our right to vote.

Don't forget to vote...

Justice for Travis.

Justice for Dale.

Paul A. Sanders, Jr.
The 13th Juror MD @The13thJurorMD (Twitter)

Author of "Brain Damage: A Juror's Tale - The Hammer Killing Trial"
Available on Amazon.com (Copy and Paste below listed link)

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