The desperation of Jodi Arias' defense team grows more explicit with each passing day. Faced with convincing an entirely new set of jurors that Arias does not deserve the death penalty despite committing first-degree murder, defense lawyers are now pleading with the public to intervene, claiming Arias is clearly "mentally ill."
A 32-year-old waitress and aspiring photographer from California, Arias was found guilty May 8 in the gruesome premeditated first-degree murder of her ex-boyfriend, 30-year-old Travis Alexander, this same week in June 2008. Arias confessed 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.
Following more than 13 hours of deliberation, the same eight men and four women who convicted Arias of premeditated first-degree murder announced they could not reach a unanimous agreement on Arias' sentencing, and Judge Sherry Stephens called a mistrial. With the jury deadlocked on Arias' fate, prosecutors must now decide whether to continue their pursuit of the death penalty for Arias. State's attorney Juan Martinez, and Maricopa County Attorney Bill Montgomery will either offer Arias a plea bargain, meaning Arias would not receive the death penalty and would serve a life sentence in prison, or they could push ahead, requiring the selection of a new jury and dragging Arias and her attorneys through the penalty phase all over again.
During court proceedings, Arias' attorneys asked Judge Stephens twice for a mistrial and for the ability to withdraw as her counsel, and twice they were denied. Now, her lawyers are appealing to the public to save Arias' life for them. Following a comment by Montgomery to the Arizona Republic that he would have an "ethical responsibility" to consider any plea bargain brought by the defense, Arias' attorneys Kirk Nurmi and Jennifer Willmott wrote a press statement to the newspaper claiming Arias deserved to live, because, among other things, continuing the trial was simply a waste of tax dollars.
"If the diagnosis made by the State's psychologist is correct, the Maricopa County Attorney's Office is seeking to oppose the death penalty on a mentally ill woman who has no prior criminal history," the defense's statement said.
"Despite Mr. Montgomery's 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. It is solely for them to determine if continuing to pursue a death sentence on Ms. Arias, who is already facing a mandatory life sentence, is a good and proper use of taxpayer resources."
This, of course, all coming from state-funded defense attorneys who make $250 an hour in a case that's already cost tax payers over $1.4 million and counting, so take the self-righteous histrionics with a healthy dose of salt.
While the prosecution has yet to announce its future plans in the trial, Montgomery said just last week that he was confident impartial jurors could be found for another round of sentencing, suggesting the prosecution won't be backing down from demanding the death penalty any time soon. Either way, we'll have to wait until a June 20 status conference to find out the prosecution's intentions.
If Martinez demands the death penalty, the trial will enter jury selection all over again for the sentencing phase, which would reportedly begin July 18. If the second batch similarly 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 judge does not possess the authority to sentence Arias to death.
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