Page 5 - Mitigating Evidence News Today : Breaking News, Live Updates & Top Stories | Vimarsana

Should have been in there and get her help mentally. >> when the police started to look around, she called her neighbor up and said there are a couple feeding bags and could be hide them for me. those feeding bags had all kinds of levels of salt in them. but her defense didn't present any witnesses; is there a potential down the road ineffective assistance by counsel appeal here? >> i think you will see some kind of appeal like that if for no other reason that the defense failed to explore whether or not this mother did this because she was suffering from a mental disorder. look they are diffi...

University. welcome to each of you. >> thanks for having me. >> thank you. jon: john, to you first. this guy was convicted, he's sitting on death row but now comes, apparently, the claim that his attorneys didn't give the court enough information about his abusive childhood and, therefore, his conviction should be thrown out, he should get a new trial. is that appropriate? >> i think so. i think there wasn't enough mitigating evidence presented. i think the key is whether or not he had a fair trial at the sentencing phase, and without the jurors knowing about his abusive past, specifically tha...

Dismiss the insinuation that we really need to consider, are we going to give him what he wants here by sentencing him to death? is that going to make him a martyr? that would give them enormous amount of credibility which would be ridiculous. he is not a martyr and his moral and religious beliefs are twisted. to give that credibility by factoring that in their decision-making process too much is, would be laughable. so i think they're really going to focus on the evidence they hear during the sentencing phase which i can't imagine how tragic it is going to be. i'm really glad i'm not going to...

Heather: some say it will last through august. what do you think will happen? >> look as a military judge i can tell you i've, sometimes been in the position where i've seen all the evidence, the person's found guilty, okay, i think the sentence should be x. but then all of a sudden the prosecution puts on their aggravation evidence or they don't and the defense puts on mitigation evidence or they don't and turns out a way i don't expect. we haven't seen one sled of aggravation evidence and we certainly haven't seen mitigation evidence. this judge who is a friend and thoughtful, prudent lawyer...

If they are able to persuade the jury and get a unanimous vote on that, then it moves to the actual death penalty phase of the trial, and that is where the defense attorneys will present mitigating factors, mitigating evidence as to why jodi arias' life should be spared. if the jury does not find that there was extreme cruelty in the case, then what happens is that it goes directly to the judge, and she has two options. she can either sentence jodi arias to 25 years to life or life without the possibility of release at any future time, pier s. >> casey, this is amazing interview that she gave ...