Combating Wrongful Convictions, Redefining Criminal Defense Investigators and powers.

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Phoenix, AZ—Most of my blog visitors know I’m a longtime criminal defense investigator and have worked on many high profile cases helping the wrongfully accused.  

The defense and prosecution is supposed to have parity and equal treatment in the courts but it’s all just pretend.  There is a huge laundry list of issues that work against the accused before their trial even begins.  

One thing that troubles me is seeing the same prosecutors in large jurisdictions working every day before the same judges.  They literally sometimes even sleep together. When a criminal defense attorney comes to their court he or she is an outsider and often treated that way. 

The police have enormous powers to gather evidence such as the Grand Jury subpoena.  They can arrest those who obstruct investigations, tamper with witnesses and can most importantly obtain search warrants.

Defense investigators should just like cops be able to surreptitiously record conversations with suspects, cops and witnesses. 

Defense investigators need similar powers.  Search warrants enable nearly, always instant cooperation for records, documents and physical evidence.  For defense investigators important evidence they learn about is often destroyed or concealed before it can be seized denying fair trials for those accused of crimes. 

Defense investigators are often at odds with police and cannot rely on their assistance. In some cases police attempt to meddle in the defense investigation and that corrupts witnesses and the evidence itself.  Unfortunately sometimes police officers engage in criminal activity in order to convict the innocent. That goes double when it’s a police officer wrongfully accused of a crime! 

Let me suggest that defense investigators trained and licensed should be given limited police powers to arrest criminal suspects and seize evidence. The courts should provide evidence lockers and laboratory testing away from police crime labs to avoid conflict of interest.

Just my opinion and thoughts.  The benefit is that this simple reform another step to fairness in our deeply flawed criminal justice system. In the end it will save millions in cash and a few lives.  

Arias Trial is Void Because the Government Facilitated Witness Tampering on a Grand Scale.

Judge Sherry Stephens and Prosecutor Juan Martinez 

Phoenix, AZ—Let me begin by saying I’m not now nor have I ever been retained as the defense investigator for Jodi Arias.  I’m not her friend or one of her supporters. 

I have however been greatly alarmed by the conduct involved with her journey through the Arizona criminal justice system. How the Arias case became such a high profile circus defies all logic.

This was a no more than passionate event of one lover killing another.  This is not really unusual as homicides go.  

How this became a Capital First Degree Murder Case makes no sense to me at all.  Had there been financial gain involved I may have supported a murder charge.

Arias has already been behind bars for over six years and has served adequate time for a more realistic crime such as Manslaughter. 

She’s been convicted of Capital Murder and now a second jury is going to be wangling with her punishment.  We now know that any attempt at fairness of her murder trial and sentencing phase has been terminally compromised

The prosecution and trial of Arias before Judge Sherry Stephens, was nothing less than a judicial nightmare.  The prosecutor Juan Martinez has substantially lowered the acceptable prosecutor's behavior bar and Judge Stephens has miserably failed to rein him in.   

Judge Stephens succeeded in raising her own celebrity star along with Martinez by making sure national TV cameras were unobstructed as they mugged for them.

The media circus created one more unintended monster; legions of pathetic trolls that formed a media fueled lynch mob.  The results were constant death threats to each and every witness that was called by the Arias defense.  Undoubtedly that influenced testimony and perhaps caused defense witnesses to restrain their testimony or refuse to cooperation.  

The threats were discussed today before the Arizona Court of Appeals and they are the apparent reason Judge Stephens has sealed the courtroom.  This sudden attempt to deal with this mess all comes too little and too late.

The decision to allow cameras into courtrooms for live and contemporaneous broadcast was a bad one.  Video is fine as long as it is broadcast or otherwise published after the trial is concluded.

Too many things and do go wrong including the now apparent unbridled witness tampering in the Arias proceedings.

Arizona has now more than adequately demonstrated that protecting Arias’ rights became impossible.  This cannot be somehow cured or remedied now.  Now there is only one fair thing to do and that’s to cut the losses and free Arias. 

There is a valuable less here for future trials. 

Expect More Surprises in The Jodi Arias Case

Phoenix, AZ—The second attempt to get a verdict in the penalty phase of the Jodi Arias murder trial is about be get underway before Judge Sherry Stephens. Will it be death, life without parole or a 25 calendar year sentence?   Arias would get full credit for her years in pretrial custody. 

Arias is understandably and desperately seeking some control over her defense and public relations matters.  The problem is that she’s woefully unqualified to make any of those decisions.

The lawyers assigned to defend Arias are not exactly heavy hitters.  They are lightweights with limited skills and resources.  

Arias has been widely criticized for her missteps at every turn.  This young woman is fighting for her life while dealing with complicated issues few of us will ever have to face. For her there are no right answers.  Whatever she does turns out wrong. 

The only thing I know about Arias for sure is she has given substantially different versions of whatever happened in that Mesa, AZ home. I’ve learned long ago that people that use legitimate and lawful deadly force in self-defense far too often lie to authorities because they think it’s somehow necessary.  

The simple truth is if Arias had invoked her right to remain silent and simply refused to answer police questions she would have probably never been arrested.  In any event she’d be a free woman today.  

People that have never walked in this Arias’ shoes are the first to castigate her.  

Judge Stephens wisely booted the Media’s cameras out of the courtroom for the second penalty phase.  The actual murder trial that ended in conviction was as ugly as any court/media circus in American history. Perhaps this time the jury can do their jobs with less outside influence.

Protecting un-sequestered jurors from published material and videos is absolutely impossible in this day and age.  Judges have to take special precautions to prevent the court’s evidence from being co-mingled with Internet gossip.

Frankly the courts have been incredibly negligent beyond giving jurors redundant but meaningless admonishments to avoid such material. 

Under the media's radar, this case has had lawyers arguing and litigating under court seal since this sensational trial ended.  In my decades of courtroom and criminal justice experience I’ve seen nothing like this. 

My trusted Phoenix court sources have told me the protracted secret fight is over a “new” witness and evidence that was not considered at the first trial. This has nothing to do with the penalty phase but in fact what may actually lead to a new trial that may yet clear Arias.

This case has drawn an astronomical number of vocal trolls that have consistently spread anti-Arias hate and venom.  These trolls all claim to have watched the whole trial and know everything.

What these trolls are clueless about are the hours of the trial that they have never seen!  That was the numerous fights over evidence and admissibility in Judge Stephens’ chambers where the press, their cameras and public was excluded.

I hear the trolls say, "But she stabbed him so many times!"  What people don't realize is that few of these wounds were mortal.  The human body is so amazing that it will continue to fight to survive.  

A somewhat frail woman realistically would have to stab a stronger male numerous tines before he would begin to weaken or expire. Superficial wounds inflicted by a weaker female would do little but invite more aggression from a stronger male. 

The Arias case is sure to take many more surprising turns before it is over. 

I’m convinced that ultimately there may be enough prosecutorial and judicial misconduct in the Arias case to reverse any conviction and prevent a retrial.  I would not count out the real possibility that Arias may be freed before the litigation is over.