Crime Stories: Jodi Arias' Sealed Testimony Released.

Arias in court during her penalty phase retrial.

The Story Behind the Sealed Testimony: The Public is invited, but not welcome!

I've already read the majority of the transcripts which were released after the controversy surrounding Judge Sherry Stephens' decision to allow Arias to testify without the media present. A decision which led media outlets bringing a winning case before the Arizona Supreme Court.

The Court of Appeals not only agreed with the media outlets but imposed a stay on Stephens' decision after two days of closed testimony and ultimately ruled that witnesses could not testify in secret.
The Court of Appeal declined to agree, and hence ordered that the transcripts of the proceedings be released, and that all secret testimony cease.
It was through the written transcripts, that the much speculated on "secret witness", was revealed that it had been Ms Arias herself who had testified behind closed doors. The, alleged reason for this required protective secrecy, is that Ms Arias didn't feel she could convey her heartfelt condolences and remorse to a packed court room.

Naturally, Jennifer Willmott filed a petition in the Arizona Supreme Court to reverse the decision by the Appeals Court which ordered had order the release of the transcripts and the cessation of the

Attorney Jennifer Willmott, with Arias.

sealed testimony.

They claimed at the time, that three witnesses for the defense "refused" to testify on behalf of Arias, in open court, due to receiving death threats and online harassment due to their association with the case. Willmott and Kirk Nurmi, also argue daily broadcasts of the trial would lead to defense witnesses backing out for fear of being harassed or threatened.

As a consequence of these rulings, Ms Arias was asked by Judge Stephens if she wanted to continue with her testimony, which had been put on hold while the petition to the Court of Appeals was being heard. She stood up to face the court and announced:

“I do want to complete it but I’m not able to.”

It was then suggested to prosecutor Juan Martinez that he could have Ms Arias' incomplete testimony struck out, as he hadn't had the chance to cross examine her (which we all would have enjoyed watching! Let's admit it!). Martinez allowed it to be left in, and hence forth the defense rested their case!

And that's the story behind the Sealed Court Sessions.

The really remarkable thing to me (besides the obviously legal ramifications of closed door testimony), is that from what I read in the usual boring, self-serving, overly detailed Jodi stuff that was got in excruciating minutiae in the original guilt phase of the trial in 2013.

Attorney Kirk Nurmi

So I guess it's just Jodi's pathological need for attention.

Kirk Nurmi says "Arias would not testify because the media coverage of her testimony would affect her ability to think and answer questions in a manner 'she truly means' to 'fully actualize' her mitigation.
"Specifically, counsel stated that Arias was receiving threatening mail, including death threats, and as a result, Arias did not feel she would be 'able to fully communicate what she wants to say, communicate her remorse and go through all the mitigating factors and get them out there in front of the jury with the public here,'" he continued.

Why either Nurmi, Willmott, Arias or even Judge Stephens felt that these were legitimate reasons to essentially lock the public out of a public proceeding, at which they had every right to be, is beyond me.

It would be understandable if the testimony was of a "sensitive" nature, as has been done recently here in Ireland, in the case of Graham Dwyer, but it seems abhorrent in a country whose willingness to openness in the legal system has long held my respect and interest. It seems that Judge Stephens is a believer is that old sentiment:

"The public is invited, but not welcome."

Judge Stephens speaks with Attorney Martinez

But there wasn't anything sensitive shared by Arias over those days, from what I recall from the transcripts, so as I begin to watch them now, I'll be viewing them closely!

Playlist of the Sealed Testimony by Jodi Arias. Oct/Nov 2014