“The first thing that you realize after you are sworn in and sit in the Jury Box, is the enormity of it all. There is this huge Courtroom and you see the Judge, the Defendant and her attorneys, the Prosecution Team, the Jurors seated next to you and all the people in the Gallery. It is almost surreal.
The second thing that you realize is that everything that has happened since is a direct result of the Defendant’s horrific act…” Juror # 3
You will see an attached picture of what I call the “Twin Towers”. In the back, on the right, is the South Tower, which houses part of the Arizona Superior Court. The building has thirteen floors and each floor has at least two Courtrooms. The top floor of the building is where we tried, convicted and sentenced Marissa DeVault to life in prison without parole. It was on the thirteenth floor that I was Juror # 13 from January through June of 2014. My book, “Brain Damage: A Juror’s Tale”, is the story of that trial and the search for Justice in the brutal killing of Dale Harrell.
The center of the picture features a pedestrian walkway that runs between the South Tower and the Central Tower which is the dark building on the left. This walkway is the same walkway that Juan Martinez used to go to the trial of Marissa DeVault. He was doing his homework. He was preparing for the retrial of Jodi Arias which is being held on the fifth floor of the building on the left.
I had the opportunity to meet Juan Martinez this past fall. I went to the Prosecutor’s office to meet Eric Basta, the Prosecutor in the DeVault case. I met with him so that I could fact check my book. At the same time, I was also attending the preliminary hearings prior to the start of the Arias Retrial including when Jodi Arias was acting as her own attorney. We were concluding my visit and as we walked out of Eric Basta’s office, we ran into Juan Martinez.
“Speak of the devil,” Eric said as he saw Juan.
I extended my hand and introduced myself.
“Didn’t I see you in my Courtroom this morning?” Juan queried of me.
“Yes, Sir,” I answered. “Didn’t I see you in my Courtroom in the DeVault Trial?”
He looked at me kind of funny as if he didn’t quite understand me when Mr. Basta explained to him that I had been a Juror for the DeVault Trial.
I think in that moment his perception of me changed. There was a sense of respect he had for the position of being a Juror. I think it paled in comparison to the respect I had for this soft-spoken warm gentleman. He was certainly not the person we see on the Courtroom floor. I was honored to be in his company.
So, it is through Juan Martinez that I find myself connected to this Trial.
I would like to take you on a journey as I see the Courthouse and some of what we will see comes from fifteen hours spent with Juror #3. We spent three hours on line, nine hours on the phone and three hours in person. There is nothing like two Death Penalty Jurors having a conversation. There is a bond that only Jurors can understand. It is sad, it is humorous, it is heartbreaking and it is humbling. It also paints a picture that I would like to share. This picture is colored by my acumen as an experienced Juror in the remarkably similar case of DeVault. These are my interpretations as it relates to my experience as a Juror. We did not discuss evidence and these opinions are expressly through my eyes. We only talked as bonded veterans of a unique experience.
For a moment, let’s pretend that everything is frozen in time. It is the last day that the Jury was present. We can see the people around us but nothing moves but us. We are standing on a block long walkway in the center of the picture. On the right is the building of the DeVault Trial I was on and on the left is where the Arias Retrial is being held.
We see the Courthouse where Arias is being retried on the sentencing phase, the third phase of the trial where the last Jury hung. We will walk up the same steps that the family of Travis Alexander walks up every day of trial. If you look to our left, you can see the two metal benches with people gathered about. Typically, that is where the trial watchers go to smoke and talk. They are all supporters of the Alexander family and the path to justice. You can see the “Cane Lady”, Kathy Brown, the girl with the long blond hair. Her cane is signed by Juan Martinez, an interesting story from the last Trial. She is the number one supporter of Justice for Travis and the Alexander family.
We will now walk through the glass doors. We see metal stantions and a “weave your way ribbon” to security. Guards are stationed at the metal detectors while others are monitoring the conveyor belt and security cameras. This is the very spot where Juror # 9 asked Beth Karas if she was Nancy Grace. A Juror is not to interact with the media. This was her fatal error and she was the second Juror dismissed by the second day of trial.
The Jury suffered mightily for this Juror's mistake. The day that this happened, each Juror was summarily interrogated in the Judge’s Chambers. The Jurors were brought in one by one. The Judge sat behind her desk while Juan Martinez and the Prosecution team sat on one side while Kirk Nurmi and his team sat of the other side. The Court Reporter studiously recorded the interrogation of each Juror, his fingers tapping keys in the background. The Court wanted to ensure that the Jury had not been contaminated by the media. It was a difficult seat for each Juror to be in as it was only the second day of trial and was followed by the disappearance of Juror # 9.
We are still standing at the security area and I want you to look at the long wall the runs adjacent to the entrance and you can see two words written the length of the wall. I wonder how many pass through without seeing those two, very important words. It is why we are here. “Truth” runs half the length of the wall followed by the word, “Justice”.
We walk the tiled walkway and the sounds of our shoes make that crisp echo. This Jury calls the tiled areas, “The Green Mile”, especially in regards to their being lined up in order before entering the Jury Box.
If we pass the elevator area, you will see a room designated as “Arias Public Room”. It is a small room with a Live Stream projection screen for any to see. It is the room where the public gathers before they are allowed to the Courtroom. Heads are counted and sometimes lotteries are done to determine who will fill the twenty one seats available. A guard stands post at the doorway.
Janet is in charge of this room. She also is in charge of those who go to the trial to watch from the Gallery. As I suspected, she is also in charge of the Jury. She is very polite to the Jury and even friendly. Some see her as a ‘tree hugger” in her past and they like her.
Ironically, it is Randy they are afraid of. Randy sits in the Courtroom on the right side, straight across from the Jury. I don’t think I am wrong in saying he is the Court Bailiff. The Jury has learned quickly not to be in a situation where Randy has to admonish them. This is interesting to me because Randy seems like an affable sort of gentleman in Court. He is the one who calls for the Jury when the Court is ready. He walks with confidence and his head is always held high. He takes his work seriously but can be seen smiling as he interacts with Court personnel. He does n’t seem like a tough guy although he is perceived that way by the Jury. I get the feeling that Janet is the “good cop” in the Jury scenario even though she is the “bad cop” with the public. This Jury doesn't say a word about the Trial to anyone including themselves. Ever.
We walk to the elevators, of which there are eight or ten. Did you know a full jury can fit in one? We have done it many a time just as this Jury has learned. We ensure no one gets on the elevator with us whenever we can. Most of us have found the way to exit the building by exits other than where we came in. Our Jury did it and this Jury does it as well. All of us want to minimize any contact with the public or media. Each of us feels that our phones are bugged and we are being watched. It is the nature of a high profile trial and its inherent paranoia is brought to the forefront every time a Juror disappears off the island, such as the disappearance of Juror # 3.
We go up the elevator and get off on the fifth floor. There is a central lobby enveloped on two sides by large, paned windows. On one side, one can see the streets of downtown Phoenix while the other side shows a spectacular view of the Mountain range lined valley. In the center of the Courtroom lobby are metal mesh polished benches. These are the same benches that the public and media sat upon when we were evicted from Court for two days. This is the area we sat in while Jodi Arias was on the witness stand.
We will go to our right and enter through the large, oak grained Courtroom doors into a sort of vestibule. To our right, you can see the room where the next witness waits before going on the witness stand. This is where Dr. Fonseca sat while waiting to be called to the stand. On the opposite side is the room where the media puts their camera gear.
We enter the expansive Courtroom through the next set of doors. As we walk down the center aisle, the right is where the public sits in the last three rows. I usually sit on the aisle. You can recognize me by my signature Jerry Garcia tie. I suspect that the Jury thinks I am from the media.
The first three rows in front of me are where the family of the Defendant sits. It is rarely filled with more than four or five people. The public does not interact with them at all. The mother of Arias can always be seen attending.
If we look to our left, we see the last three rows filled with media. One can see Troy Hayden of Fox News, Michael Kiefer of the Arizona Republic, Beth Karas from Karas On Crime, Jen Wood of Trial Talk Live and a host of others. They have laptops in their laps and cell phones in their hands. They are a great group of professionals that I am proud to know. They are here to work and they work hard.
The three rows in front of them are filled by the Travis Alexander family. Sometimes Jurors from the previous Arias Trial can be seen sitting in the family rows. We treat the family with the utmost of respect as does the Court.
We will walk up past Juan Martinez, Esteban Flores and Juan’s boss on the left while Kirk Nurmi, Jennifer Willmott and Jodi Arias are seated to our right. We walk up to the witness stand. There is no one on the witness stand as Dr. Fonseca has completed her testimony the last day we were in Court with a Jury. If we look up to the right, we can see Judge Stevens. If we turn to our left, we can see the Jury.
There are sixteen people on the Jury. This is the number that my Jury began with in the Capital Murder case of DeVault. The three dismissed Jurors in this trial can be looked at as bonus Jurors since most trials of this size begin with sixteen. There is an empty seat where Juror #3 sat. The other Jurors have no idea why their Jury is down another one. This increases tension in the Jury room and also reminds them that they are being watched at all times.
This Jury is an intelligent Jury and has learned to bond during this ordeal. Since they cannot talk about the Trial to each other, they speak of their personal lives. They worry most about being late. Our Jury had one Juror who always arrives with three minutes to spare. It would not surprise to hear there was one like this on every Jury. For the most part, the Jury is assembled thirty minutes prior. They feel the stress of the delays in the trial. They are in a difficult position with both their personal lives and professional lives. They feel the financial stress that being on a long term Jury entails. Some Jurors give up on the extensive paperwork for long term Jury duty pay and take the base pay of $12 a day. It is akin to preparing paperwork for an IRS audit.
The Jury is not paid for the days they are not in the building. It is difficult on their work life because they cannot anticipate the delays. Most will choose not to work during the trial. Every Jury has someone who only works part time to find they have no job when they return to work.
Our Jury suffered at work, as well. One of us lost full time benefits because they were only available part time with their job while another was taken off their work schedule. It came to the attention of Judge Steinle III and he made some phone calls and suddenly those employees punished for doing their Jury became the best employees their employers ever had. The Judge announced in Court that he was tired of employer improprieties in how Jurors are treated when they are taken away from their regular employment schedule. These are the challenges each Juror has to work through and each of the Jurors in front of us is going through this challenge in one way or another.
I will bet that Judge Stevens had to call an employer or two.
One Juror has a mother who is a Psychologist by profession. One Juror is retired. Most of the Jurors have a family waiting at home. Some Jurors are single mothers. One Juror works for the Postal service and another works for the Department of Homeland Security. Still others are “techies” who work in the IT industry.
I am sure that there are at least two or three of the Jurors are directly familiar with Domestic Violence. The similarities between both trials make it more than probable. I am sure I was picked for my Jury due to my experience with Domestic Violence along with two others. All of us felt we were selected by the defense. We, like the Arias Jury, should not be under estimated. We are not weak. We can see the difference between abuse and discipline. We are not easily sold on the merest of whims and long winded arguments of nothingness. We understand the pain and complexities of Domestic Violence. We survived and this is the first time we have realized a positive value in our shared experience. We have little empathy for those who feign abuse.
If the Jury looks to their right, they see the family of Travis Alexander seated every day. They feel the responsibility of Justice. This Jury is very clear on the fact that Jodi Arias has been convicted of First Degree Murder with the aggravating circumstance of being cruel and heinous. Many Jurors are realizing that this is the most difficult phase of the Death Penalty trial and secretly wish that the first Jury had come to an agreement. It makes this Jury more attuned to reaching a collective decision as opposed to failing in disagreement. They want to reach the right decision for the family that waits for Justice. They want to reach a decision for Travis Alexander.
Juror # 3 spoke of Travis Alexander and the pictures that will forever be ingrained in her memory. Those pictures carry a pain that only a Juror can understand as that pain is tied with responsibility. It is about finding the correct resolution as the law dictates while balancing the empathy that is in our human nature..
These Jurors are all rookies, never having served on a Jury before. Many could not figure out Court terminology such as, “Sustained”, “Over-ruled” and “Please approach”. The Jury is not given a handbook. They do not understand the process of “Redirect”, “Cross” or “Re-Cross”. It is “On The Job” training with terminology and systems figured out along the way.
The Jury sees the media seated behind the family and they avoid anyone from the media, as trained by the loss of Juror # 9 and the Nancy Grace incident. They do not go on the internet because they feel they are being watched.
The Jury can also see the other side where the public is seated. The Travis Alexander Supporters are nicknamed “Gypsies”.
This Jury sees the Prosecution table and they like the direct approach of Juan Martinez. It can be felt by the energy level every time they go back to the Jury room.
I am comfortable in saying that the Jury may not be quite as excited when Kirk Nurmi is presenting evidence.
They look at Jodi Arias but sparingly. They wonder why Jodi Arias stares straight ahead when the horrific pictures of Travis Alexander are displayed but when sounds of her sex tape plays, she covers her ears. The biggest thing that plays a part in the Jurors eyes is that she looks normal in a lot of ways. It may have been said that she was homely…and creepy. It is difficult to match the crime to the face.
They saw Jodi Arias on the stand. They saw her crocodile tears fall, wet but missing emotion. They heard her tell the wooden spoon story as Jennifer Willmott repeatedly asked her, “But how does that make you feel?” They further heard Arias tells stories of sex with Travis and Jennifer Willmott further asking her to clarify by asking again, “How does that make you feel?”
This Jury is hungry. They are starving for information. They are getting information from Juan Martinez. He is making forward progress and he makes them think.
They have to work hard to find merit in any of the Defense Team’s arguments. They certainly did not appreciate the antics and childish behavior of Dr. Fonseca. She was, as I mentioned in a prior Perspective, difficult testimony to plow through. She impeached herself in not only behavior but in her foggy lack of detail and research.
This Jury is struggling to find mitigating factors because the two most important ones have not been seen by the Jury. The most critical in mitigating factors is remorse. There has been none shown and this is frustrating for a Jury. The next most critical factor in mitigation is the Defendant taking ownership of the crime.
Since Arias will not take ownership of the crime, she cannot show remorse as it would be an implied admission to the crime. It is the lack of these two factors that will put her on death row.
These Jurors see the pictures of Travis Alexander in their minds at all times including before they go to bed and the moment they wake up. There will come a point when this Jury will become twelve and I am confident that this Jury is dug in. They carry Travis Alexander with them and they want Justice not only because it is their duty but because of the family that watches them every day.
I will always carry the picture of Dale Harrell, the victim in my trial, with me to my grave. I understand the great weight of finding that Justice. I also clearly remember our fervent desire to find the Justice due Mindi Artrup, Dale Harrell’s twin sister. More than anything, we wanted to make the right decision.
This Jury will feel exactly the same way. As each day goes by, they feel the pressure of knowing it is one more day without Justice for Travis Alexander.
Finally, as we look up to our right, we see Judge Stevens. Jurors always respect the Judge because the Judge is their boss. The Judge is experienced and the Juror trusts that experience. They see the Judge with a loose leash with both the Defense and Prosecution. There is frustration, though. This frustration is tied to the Court delays. Our Jury felt the same frustration. It is a strain on their personal lives as well as their professional lives. In spite of this, they respect Judge Stevens and show great tolerance.
I look at the picture of the Twin Towers of Courthouses and I see two very different results. One trial is completed while the second Trial is probably half way through the process.
Our Jury, with Judge Steinle III, gave Marissa DeVault life in prison without the possibility of parole. My book, “Brain Damage: A Juror’s Tale” (available on
Amazon.com), details the reasons why our Defendant received life instead of death. This case showed the existence of mitigating factors, those factors that impact the culpability of the Defendant. In our case, those factors included sexual abuse at a young age, the failure of the Prosecution to prove that motivation of the crime was due to pecuniary (financial) reasons and Dale Harrell’s children. We chose life over death and some of us will carry the doubt of wondering if we made the right decision.
This Jury remembers Juan Martinez closing his opening arguments with the objected to phrase, “You will find there are no mitigating factors in this case.”
I am confident that the Jury heard his words clearly and understood their depth.
It is becoming clear to them that Travis Alexander and the family that sits post in Court every day needs Justice. It is becoming abundantly clear that there are no mitigating factors.
If no mitigating factors exist, then they have no choice but to vote for the Death Penalty. At this point, grateful for my extensive conversations with Juror # 3, I believe this Jury can align, unite and call for the punishment deserved – that the Defendant should lose her life in accordance with the laws of the State of Arizona.
With that, we will depart the Courtroom in anticipation of tomorrow’s proceedings and I thank you for accompanying me on this Juror’s Perspective. I am grateful for the immense amount of support I have received in our collective search for Justice for Travis Alexander and his family.
The Jury heads to Court for Day 16 on Monday. They do not know who the next witness is. They are ready to move forward. They want information and they want resolution. Most of all, they want Justice.
Monday is one step closer to Justice.....
“Every good relationship that develops as a result of this Trial is the manifestation of the spirit of Travis Alexander.”
Paul A. Sanders, Jr.
The 13th Juror @The13thJurorMD (Twitter)
