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(USGovernment-News.Com, June 07, 2013 ) London, UK -- The Supreme Court of Arizona declined Jodi Arias' lawyer's challenge of the prosecution regarding the seeking of the death penalty.
A jury is required to note a minimum of a single aggravating factor in the statutes of the state before any deliberation over life or death outcomes can be determined. Probable cause to seek aggravating death must be determined by a trial judge following the hearing as well. The factors considered must also be determined before the trial beings.
Mes police Detective Esteban Flores told the Maricopa County Superior Court Judge, Sally Duncan, that Arias shot, stabbed, and slit the throat of her lover, Travis Alexander. Based on that information, the judge had ruled that there was cause for finding the murder to be especially cruel. That was considered enough to be considered an “aggravator”, and thus the state could prosecute with the allegation intact.
Before the trial, however, Juan Martinez altered his theory and stated that Arias had stabbed Alexander first, then slashed his throat, only to shoot him afterward. Sherry Stephens allowed the probable cause to stand, regardless, in spite of the new theory of action.
Kirk Nurmi, the defense attorney of Arias, filed for a special action with the Court of Appeals, following these subsequent rulings. He quickly moved the matter on to the Supreme Court and asked for a postponement to the stage wherein penalty would be determined. The court refused to grant an extension, and the trial went through.
Recently, there has been a stalling on the seeking of a death penalty for Arias, and so the life of the perpetrator hangs in the balance until the Supreme Court can decide on the matters at hand.
If it decides to sentence Arias to prison, the issue will be moot; however, if a death sentence is sought, the question of cruelty again hangs in the balance.
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