Jodi Arias will take the stand Monday in a desperate attempt to save her life after a jury convicted her of first-degree murder in the killing of her ex-boyfriend Travis Alexander, and ruled that she was eligible for the death penalty last week.
A 32-year-old waitress and aspiring photographer from California, Arias was found guilty May 8 in the grisly premeditated first-degree murder of her ex, Alexander, in June 2008. Arias admitted to killing her former lover, so her guilt wasn't up for debate — but her intent was. Arias' defense revolved around on the beliefs that she could not premeditate murder, or fully comprehend or take responsibility for her actions because Alexander abused her so intensely that it fractured her psyche, and Arias was forced to kill Alexander in self-defense because she feared for her life due to his alleged habitual physical and emotional abuse.
The same 12 jurors that convicted Arias of premeditated first-degree murder determined she was eligible for the death penalty during the "aggravation phase" of the trial last week. Arizona is one of a few states where jurors are first tasked with judging whether someone is eligible for the death penalty. After just three hours of deliberation, the jury decided Arias killed Alexander in a "cruel, heinous, or depraved" manner that would warrant the death penalty. Arizona law defines "cruel manner" as when a victim suffers physical and/or mental pain.
Medical examiners found that Arias stabbed Alexander 27 times, primarily in the back, as well as the torso and the heart, slit Alexander's throat from ear to ear with so much force it almost decapitated him, shot him in the face, and dragged his bloodied corpse to the shower where she left him crumpled over - all in 106 seconds.
After the jury returned a guilty verdict, Arias gave an interview mere minutes later declaring she preferred the "ultimate freedom" of death to serving a life sentence in prison. It's unclear whether or not the prosecution or defense plan to cite her statements in their arguments, but Arias cannot decide her own sentencing. As the trial moves into the penalty phase, the jury will now determine Arias' fate against other possible mitigating circumstances, which could prove to be her saving grace.
While prosecutor Juan Martinez tries to convince jurors Arias deserves the death penalty, the jury will consider various mitigating factors that the defense has often fallen back on throughout the trial in its quest to humanize Arias. Here's a rundown of the factors the jury will keep in mind during sentencing to determine if Arias should not be executed.
Possible Mitigating Factors
1. Arias' age
2. Arias' capacity to comprehend the inherent "wrongfulness" of her actions or ability to act within the confines of the law was "significantly impaired."
3. Arias could not possibly have "reasonably" understood ahead of time that her behavior during the act of killing Alexander "would cause, or would create a grave risk of causing, death to another person"
4. While Arias was "legally accountable" for the deeds of another, her involvement was "relatively minor."
5. Arias was suffering "unusual and substantial duress."
6. Arias' alleged rough childhood/family background, and history of domestic abuse as a young girl, and at the hands of Alexander.
While listening to the mitigating factors, jurors could also consider the following points: Arias' openness in cooperating with police and the criminal investigation; Arias shows remorse; her good behavior in prison; Arias lacked the intent to commit felony murder; the possibility of her rehabilitation; Arias' lack of prior criminal record; and various positive character traits, such as the arguments that Arias was a good friend, a talented artist, intelligent, had good character prior to the murder, and her ties to her family and community.
During opening statements for the penalty phase last week, prosecutor Martinez told jurors that none of these mitigating factors was reason enough to rule in favor of life in prison, considering the especially gruesome nature of Alexander's death. He reminded the jury that Arias was a consummate manipulator that lied to virtually everyone involved in the investigation and trial.
While jurors have already heard plenty from Arias during her 18 days on the stand, the defendant is expected to once again provide testimony in a final attempt to save herself from death row. Arias might have said she preferred the death penalty earlier, but given her mercurial demeanor in proceedings so far, what she'll say is anyone's guess as she makes her last statement to jurors. Arias' family members, as well as an ex-boyfriend are also expected to testify to appeal to jurors for leniency and call for them to give her life in prison.
The prosecution is also expected to call the lead detective in the case to the stand in order to show the jury the ghastly extent of the crime scene and explain how the massive amount of blood spilled around the room was indicative of a struggle to fight off an attacker.
The penalty phase of proceedings will act as another kind of "mini-trial." Both the prosecution and defense will have opportunities to cross-examine witnesses, and both will make closing arguments prior to jury deliberations. A final verdict is expected this week.
If jurors determine that Arias deserves the death penalty, she will become the fourth woman on Arizona's death row, and the first to be executed in the state since a woman was hanged in 1930. A unanimous vote is required to reach the death penalty. Were the jury to deadlock Judge Sherry Stephens will dismiss jurors and the trial will enter jury selection all over again for sentencing. If the second batch can't come to a unanimous decision, Judge Stephens would then have two options. Either sentence Arias to life in prison with no possibility of parole, or sentence her to life in prison with parole possible after at least 25 years behind bars.
The penalty phase of the trial resumes Monday at 1:30 p.m. EST.
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