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On appeal. the bottom line is there aren t those pem coming forward for jodi arias the high school teacher, the people you see in death penalty case, people that plead for the life of these people. we just are not seeing it with this woman. beth karas, are you a former prosecutorment i am sure you know well if a witness doesn t to be to appear because she afraid of backlash from a televised trial. i think that s a ripe appeal. what is the alternative, perhaps that witness does not want to stand up for jodi aria regardless of cameras or anonymity the judge can give her. that s not an appeal issue, is it? no. if she withdraws an certainly if jodi arias doesn t fight it and consent itself to it, i don t see it as an issue. we did see her in court last week. she presumably went home. she doesn t live in this area. i know there are reports that patty womack won t be b.c. but she has made appearances during this case on networks. ....
Karas. beth, to you, first, we have covered death penalty cases where there is no shortage people will stand up for their friend, their sister, their daughter, their lover. but in this case, we had only heard about two. we may not have that many. what exactly is going on? well, because it s televised, because so many people are watching, there is a backlash. there are reports now that patty womack a childhood friend of jodi arias who was supposed to speak today in front of this jury possibly has backed out. what we do know for sure she will not be on live television inthafs so concerned about that. the judge last week issued an order saying when she is talking to this jury, the people watching this trial will not be seeing it. there has been tremendous backlash for anybody supporting jodi arias. that is going to be a factor. if, indeed, this woman doesn t testify, that can be looked at ....
She did appear on hln by telephone. she has spoken out in support of jodi arias. why she s not doing it today, if that is indeed the case, i don t know. because she is out there already and her image is out there. and, ted, when we get to this point in any trial, a defense has an obligation to do literally everything in its power to try to save a client, even if the client doesn t want to be saved. in that respect, this defense has put forth a motion to the judge that the prosecutor shouldn t be allowed to bring forth any witness to testify in this particular phase? first of all, why? and second of all, is there a shot at this? reporter: well, basically, they re saying because juan martinez hasn t identified potential witnesses that he should be barred from bringing on a rebuttal witness if, endodi, he wants to after we hear from jodi s friend, now, ....
Your peers doesn t always have that final fate. can you explain that? i think you are right. what people don t often recognize is judges who are actually there throughout the entire duration of the trial, listen to all the evidence, sometimes act not just as a referee and umpire to the calls made during the trial. sometimes they act as a safety net. so if the jury kind of misinterprets the law or is unable to in the judge s opinion render a decision he feels or she, you know, falls along with the facts, then they, themselves, can redouse that conviction him now, it s rare and it should be rare, right? because we all want to maintain integrity of the justice system. we want jurors to feel that their decision that is reached and the hard work they ve done is something of value an something that will hold water. but it with does happen, but rarely. i would think it would be very unsatisfying to have sat on a panel, gone through all that, only to have the judge say you got it wrong. ho ....
Appeals for our jodi arias. if she gets death, there will be a lot of scrutiny. she goes automatically to the arizona supreme court. if she loses there, she can ask for a post-conviction relief, with i is kind of an investigation of her case. it could take years. if she loses there, she could go into the federal system on a habia which says i m being held unconstitutionally and come up with a constitutional question why she could get a few trial or a new sentence of life, not death. that s what debra millke succeeded in getting earlier this 84 t. new trial is ordered. it s on review. se had been on death row since 1990 her kroim was in 1989. if she gets this new trial ordered in 2013. so we re talking more than a decade if she gets death, maybe 15/20 years. unless she withdraws her appeal, ....