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Nancy Grace
Arias Penalty Mistrial
Aired May 23, 2013 - 20:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: State of Arizona versus Jodi Ann Arias, sentencing verdict. We the jury, duly empaneled and sworn, in the above entitled action, upon our oaths unanimously find, having considered all of the facts and circumstances, that the defendant should be sentenced -- no unanimous agreement. Signed, foreperson.
UNIDENTIFIED FEMALE: Is this your true verdict, so say you one and all?
JURY: Yes.
UNIDENTIFIED FEMALE: (INAUDIBLE)
UNIDENTIFIED FEMALE: Bailiff will ask each -- I`m sorry. The clerk will ask each of you a question for you to answer yes or no.
UNIDENTIFIED FEMALE: Juror number one, is this your true verdict?
UNIDENTIFIED FEMALE: Yes.
UNIDENTIFIED FEMALE: Juror number two, is this your true verdict?
UNIDENTIFIED MALE: Yes.
UNIDENTIFIED FEMALE: Juror number three, is this your true verdict?
UNIDENTIFIED FEMALE: Yes.
UNIDENTIFIED FEMALE: Juror number four, is this your true verdict?
UNIDENTIFIED MALE: Yes.
UNIDENTIFIED FEMALE: Juror number six, is this your true verdict?
UNIDENTIFIED FEMALE: Yes.
UNIDENTIFIED FEMALE: Juror number seven, is this your true verdict?
UNIDENTIFIED MALE: Yes.
UNIDENTIFIED FEMALE: Juror number nine, is this your true verdict?
UNIDENTIFIED MALE: Yes.
UNIDENTIFIED FEMALE: Juror number 12, is this your true verdict?
UNIDENTIFIED MALE: Yes.
UNIDENTIFIED FEMALE: Juror number 13, is this your true verdict?
UNIDENTIFIED MALE: Yes.
UNIDENTIFIED FEMALE: Juror number 14, is this your true verdict?
UNIDENTIFIED MALE: Yes.
UNIDENTIFIED FEMALE: Juror number 16, is this your true verdict?
UNIDENTIFIED FEMALE: Yes.
UNIDENTIFIED FEMALE: Juror number 18, is this your true verdict?
UNIDENTIFIED MALE: Yes.
UNIDENTIFIED FEMALE: (INAUDIBLE) a mistrial as to the penalty phase (INAUDIBLE) setting a retrial on the penalty phase for July 18th in this division (INAUDIBLE) setting a status conference in this division on penalty phase matters for June 20th at 8:30 AM.
Ladies and gentlemen, on behalf of the participants in this trial, I wish to thank you for your extraordinary service to this community. This was not your typical trial. You were asked to perform very difficult responsibilities.
The admonition is now lifted. You are free to talk about the case or not talk about it, as you wish. I will be back shortly to personally thank each of you for your service. You are excused.
(END VIDEO CLIP)
NANCY GRACE, HOST: Good evening. I`m Nancy Grace. I want to thank you for being with us.
Bombshell tonight. The verdict is there is no verdict! In the last moments, the Jodi Arias jury has filed into the courtroom and announced they cannot reach a unanimous verdict as to life or death for Jodi Arias, the judge`s voice cracking as she addresses the courtroom, Travis Alexander`s family breaking down in tears on the front row, clutching each other, the pain evident on their face.
They know what they will have to live through again, and it is pure hell. It looks like more months for them living through the horrific and savage, the brutal slaughter of their brother, Travis Alexander.
Only one person wins today and that is Jodi Arias, Jodi Arias breathing a sigh of relief as the judge sets down another calendar call July 18th to retry the case with a brand-new jury.
Where they`re going to get that jury, I don`t know. How they`re going to restructure this case, I can`t tell you. But I can tell you this. Tonight, Jodi Arias breathes a sigh of relief -- a hung jury, mistrial. That`s right, deadlocked.
Straight out to Jean Casarez. Jean, describe what you saw as the jury filed into that courtroom.
JEAN CASAREZ, HLN LEGAL CORRESPONDENT: Nancy, I just got out of the courthouse. First of all, the jury -- they were so peaked. They were so pale. They looked so worn out. And I saw them file. They didn`t look at anybody. They sat down.
And I saw Jodi Arias with her defense team and her mitigating expert - - they seemed very distraught. I was sure that that verdict was in favor of the prosecution. I was sure of it. Boxes of Kleenex were passed out to the victim`s family, taken into the victims` room adjacent to the courtroom.
The judge announces a verdict. The verdict is read. It`s a hung jury. I saw jurors cry. I saw female jurors bow their head and cry., one on the second row. She is an alternate but she couldn`t contain her emotion. I heard wails from the Alexander family.
Jodi`s family was not there. They were not present. Jodi Arias very emotional. But the most emotion of all in one sense was the judge. She could hardly repeat the words to the jury to thank them for their service. She had to stop. The emotion was too great for her. It was the most emotion that I have seen in that courtroom in five months.
GRACE: And especially, Jean, from this judge. This judge has been extremely even-keeled. Throughout the entire trial, you never heard her raise her voice. She was never curt. She was never short. She always gave what I consider to be legally sound rulings. But today, when she was speaking and addressing that courtroom, she had to stop, her voice cracking.
I think it was pretty stunning all around. And what many people -- we couldn`t figure out at first, was it a verdict or was it another question? We knew something was afoot because in a typical jury question, you don`t assemble everybody`s family. You don`t call for Arias`s family. You don`t bring Travis Alexander`s family back in. Many of us were thinking maybe some of the jurors were going to be unseated. Maybe they`re refusing to deliberate and that`s the problem. But instead, there was an announcement, all right, a deadlock.
Out to Alexis Weed. Alexis, what did you see?
ALEXIS WEED, NANCY GRACE PRODUCER (via telephone): ... visibly upset. When they left the courtroom, I saw a couple of the women literally wiping tears from their eyes. The Alexander family seated not too far from where they exit the courtroom. They handed out Kleenex boxes to the family beforehand. They all dropped their heads, and they, too, were so upset to hear what happened just minutes ago.
GRACE: Liz, if you could, I want to replay that shot of Travis Alexander`s family. The women -- look at the men, how they are reacting, the brother at the end just staring, the men just staring at the jury, the women bereft. Look. Look at those faces. Look at that. They could -- they could hardly contain themselves, the emotions that they`re feeling at that moment, as many of us -- but certainly no comparison to his family.
Out to Jane Velez-Mitchell, also joining us at the courthouse. When we get Jane, let me know, Liz.
Alexis, another thing. The jury briefly stated that they were going to give a press conference, and then when it came right down to it, when push came to shove, they didn`t want to speak. What happened?
WEED: That`s right. We were waiting, anticipating that we would get to hear from these jurors. They are now released. They can talk, if they want to. But unanimously -- they did this unanimously. They all said, We want to go home. They left. Nobody -- none of the media was able to even see them exit the courtroom. They went out in private. They`re gone.
GRACE: Unleash the lawyers. Joining me tonight, Burke Strunsky, senior deputy district attorney, author of "Humanity of Justice," long advocated Arias should get the death penalty. Also with me, a renowned lawyer in his own right, Terry Lenamon. He argued against the death penalty for tot mom, Casey Anthony. Alex Sanchez, renowned defense attorney joining me out of the New York jurisdiction. And Jeff Jacobson joining me there at the Phoenix courthouse.
All right, straight to you, Burke Strunsky. What does it mean?
BURKE STRUNSKY, SR. DEPUTY DISTRICT ATTORNEY: It`s a tragedy. It means this family is going to be tortured again by this woman, who clearly has no soul. She`s a sociopath and somebody that should have been sentenced to death. I don`t have any question about that.
I mean, the number one thing that I would look at in whether somebody should receive the death penalty is, is that person evil? And the number one indicator of her evilness is her complete lack of remorse. This has been somebody that has had every opportunity to express remorse. She has absolutely no remorse. And that is really what to me defines somebody that is evil.
GRACE: You know, Burke Strunsky...
STRUNSKY: And the amount of damage she...
GRACE: You`re so right because we got our mitts on some more of Jodi Arias in her press satellite tour the other night, where reporter after reporter kept asking her, You didn`t say you`re sorry, you didn`t say you`re sorry. And every time, very cool, calculated, she`d say, Well, I regret if I didn`t enunciate it clearly.
There was nothing there -- nothing there, Terry Lenamon. And Terry, I know that someone expressing sorrow or regret is not the litmus test as to the death penalty. But let me get back to my original question, Terry. You argued against the DP for tot mom, Casey Anthony. I want to hear your thoughts at this juncture.
TERENCE LENAMON, DEFENSE ATTORNEY (via telephone): I disagree with the gentleman talking about remorse. In her allocution, she said that this was the worst thing that she had ever done and was still horrified by the violence she`s capable of (ph).
And I think what you have to look at here is that these are individual jurors in an individual sentencing capacity with great responsibility. And whether it was one who held out for life or a group of them, they found something in the mitigating factors or in the guilt phase that they used to their advantage to stay their position with the others because I`m sure there was a lot of going back and forth. I`m sure there was a lot of dynamics in the jury room that we`ll hear about in the upcoming days.
GRACE: You know, Terry -- Terry, I respect you. I know that you`re quite the scholar and quite the lawyer. But you know what? You need to get out those autopsy photos and crime scene photos again because this was a slaughter. Travis Alexander was slaughtered like a pig out in the meat house, all right? Now, I`ve have seen a slaughter like it, except maybe back to the Manson family, when they literally slaughtered their victims. That`s what I saw.
Matt Zarrell, what`s the next step here?
MATT ZARRELL, NANCY GRACE PRODUCER (via telephone): ... is they have a status conference hearing on June 20th, and then we get to the it sentencing phase again July 18th.
And Nancy, one thing that`s important here is that Arias may testify this time because the defense needs to get in all the abuse allegations that this new jury will not have heard.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Jodi Ann Arias, sentencing verdict. We the jury, duly empaneled and sworn, in the above entitled action, upon our oaths unanimously find, having considered all of the facts and circumstances, that the defendant should be sentenced -- no unanimous agreement. Signed, foreperson.
UNIDENTIFIED FEMALE: Is this your true verdict, so say you one and all?
JURY: Yes.
UNIDENTIFIED FEMALE: Juror number one, is this your true verdict?
UNIDENTIFIED FEMALE: Yes.
UNIDENTIFIED FEMALE: Juror number two, is this your true verdict?
UNIDENTIFIED MALE: Yes.
UNIDENTIFIED FEMALE: Juror number three, is this your true verdict?
UNIDENTIFIED FEMALE: Yes.
UNIDENTIFIED FEMALE: Juror number four, is this your true verdict?
UNIDENTIFIED MALE: Yes.
UNIDENTIFIED FEMALE: Juror number six, is this your true verdict?
UNIDENTIFIED FEMALE: Yes.
UNIDENTIFIED FEMALE: Juror number seven, is this your true verdict?
UNIDENTIFIED MALE: Yes.
UNIDENTIFIED FEMALE: Juror number nine, is this your true verdict?
UNIDENTIFIED MALE: Yes.
UNIDENTIFIED FEMALE: Juror number 12, is this your true verdict?
UNIDENTIFIED MALE: Yes.
UNIDENTIFIED FEMALE: Juror number 13, is this your true verdict?
UNIDENTIFIED MALE: Yes.
UNIDENTIFIED FEMALE: Juror number 14, is this your true verdict?
UNIDENTIFIED MALE: Yes.
UNIDENTIFIED FEMALE: Juror number 16, is this your true verdict?
UNIDENTIFIED FEMALE: Yes.
UNIDENTIFIED FEMALE: Juror number 18, is this your true verdict?
UNIDENTIFIED MALE: Yes.
(END VIDEO CLIP)
GRACE: The look of pain on Travis Alexander`s family`s face says it all, the men looking stern and angry, boiling on the inside, the women, the grief on their face as they break out in tears, staring at the jury, How could you?
The reality is, it`s not the whole jury`s fault. I said from the get- go, it seems to me that there are people on the jury that were not entirely truthful to their own selves in voir dire about the death penalty. When you sit on a death penalty jury, you must be open and receptive to the idea of actually giving somebody the death penalty. You got to agree under oath, swear that you can do that.
Joining me outside the courthouse right now, Jane Velez-Mitchell. Out to you, Jane.
JANE VELEZ-MITCHELL, HOST, "ISSUES WITH JANE VELEZ-MITCHELL": Well, we are all standing here flabbergasted at these developments. I`m here with Amy Murphy (ph), who may be one of the last people to have interviewed Jodi Arias because we just got word that she`s going out to the Estrella jail and she`s not being allowed to give any more interviews.
So you saw her in court crying. You interviewed her for your local ABC15 just the other day. Her reactions are always out of place! She`s sobbing when she`s getting a reprieve! Essentially, much better news than if she had gotten the death penalty.
AMY MURPHY, ABC15: Certainly. But I think at that point, she didn`t know what the news was going to be. And her family was not sitting behind her. And you know, they weren`t here for this decision. So she may have been thinking, Maybe bad news is coming and I don`t have any support.
Jennifer Willmott was comforting her. She definitely was wiping tears away. And she was crying after the decision, as well, I`m sure tears of joy at this point (INAUDIBLE) temporary reprieve at this point.
VELEZ-MITCHELL: But you talked to her. She -- she gave you all sorts of tidbits about the crazy headstands and stuff. Is she off (ph)? What did she say about those headstands?
MURPHY: Well, I was in the room. She told another reporter about the headstands, but I was there. And she said that the reason she was doing headstands after she was booked was because she looked around and saw the carpet and realized she may not be in a room with carpet for a very long time, and she loves doing carpeting -- headstands on carpeting. And that was her answer.
VELEZ-MITCHELL: Well, OK, that`s exhibit A on, she`s not all there. Nancy, I mean, that`s just another just flabbergasting comment from Jodi Arias, worried about hairspray, hair dye, make-up, and describing headstands when her life is in the balance. And then she gets a reprieve and she`s sobbing hysterically. Go figure.
GRACE: Well, you know what? I`ve never tried, I`ve never attempted to figure out the state of mind of Jodi Arias. Once they didn`t go forward with insanity, once the defense didn`t go forward with some type of a mental defect defense -- if there had been one, Jane Velez-Mitchell, if they could have eked one out in any way, they would have. What it boiled down to was self-defense. That`s the best thing they had going for them.
Take a look at Jodi Arias. Jodi Arias has beat the system tonight! Yes, the jury found her guilty of murder one. But when push came to shove, the jury disagreed. They could not reach a unanimous verdict. Is it a blessing in disguise? I don`t know.
I want to go back to Jean Casarez. Jean, what about Martinez? How is he taking it? My bet would be he would show no emotion whatsoever, go straight to his office on Tuesday morning and get back to work.
CASAREZ: On the mark. On the mark exactly. He showed no visible emotion, I mean, before the jury verdict was read, after it was read. Nancy, we are learning that the total number of hours of deliberation in this phase, 13 hours and 48 minutes.
GRACE: OK, 13 hours, 48 minutes. Right now, we`re being joined by the Jodi Arias tweeter that many of us have become acquainted with over the airwaves. Donavan Bering is with us. Donavan, thank you for being with us.
DONAVAN BERING, FRIEND OF JODI ARIAS (via telephone): Hi, Nancy.
GRACE: Let`s hear your reaction to the jury`s pain (ph).
BERING: Well, first of all, we wish we would have been able to be there. We were told there wasn`t going to be a verdict, they were just going to be asking a question, and the jury would maybe not even be in there. So we were a little bit upset with the fact that the mom and the family, you know, weren`t there, able to listen to the verdict. So right now, we`re a little bit upset.
GRACE: You know, hold on just a moment, Donavan. You know, you seem like a nice lady that has somehow befriended Jodi Arias. But at this moment, to say that Jodi Arias`s family is upset that they weren`t there? That`s the concern right now, is that they -- this is a major moment. This is the only one that wins right now is Jodi Arias, OK? And I don`t think that her family was misled in any way. Nobody knew what was happening. Weren`t they told to come to the courthouse?
BERING: We were (INAUDIBLE) we were there all day waiting.
GRACE: So? Weren`t they told to come back to the courthouse?
BERING: And we were there yesterday, and we were told...
GRACE: Well, you know what, Ms. Bering? I appreciate what you`re trying to do for Jodi Arias. But this is not curb service down at the Sonic, all right? That`s not what is going on here. This is a hung jury.
(COMMERCIAL BREAK)
GRACE: The jury has hung. Out to you, Alex Sanchez. What`s the next step? You know, Arizona is very different than every other jurisdiction.
ALEX SANCHEZ, DEFENSE ATTORNEY: Yes. First of all, let`s clarify something. Jodi Arias won, Juan Martinez lost. This case may never get to the next penalty phase because if their lawyers are smart, they`ll put in some type of injunction to block a second jury from being selected on the grounds that it`s unconstitutional.
Even you would have to agree, the system of picking a second jury, which has not heard the entire case, sounds kind of bizarre.
GRACE: Alex, Alex...
SANCHEZ: I know of no other jurisdiction that has this situation.
GRACE: Alex, just because you don`t have the death penalty in New York City doesn`t mean that this is unconstitutional. And PS, just so you know, the Arizona system has been appealed up to the U.S. Supreme Court and it has been deemed constitutional. Just hop onto the computer and log onto Lexis and you can find that out.
SANCHEZ: Well, this has also put Jodi Arias in a bargaining position because she can tell the people of Maricopa County, Listen, you want to spend another $8 million to try to execute me? Go ahead.
GRACE: You know what? I`ve got a feeling if it had gone the other way, you wouldn`t be talking about money figures right now.
Ryan Smith (ph), do you really think Martinez is going to cut a deal with Arias?
UNIDENTIFIED MALE: Absolutely not. Come on! He lost this part, but he`s focused. He`s dedicated. And you know what, Nancy? When you look at the reaction of the Alexander family in that courtroom, how could he go for a deal at this point? They want justice, and now it`s not only delayed because of this decision, but now they have to go back and go through the whole thing all over again. So for him, he`s more than focused, and they`re going to go back in there.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: State of Arizona versus Jodi Ann Arias, sentencing verdict. We the jury, duly empaneled and sworn, in the above entitled action, upon our oaths unanimously find, having considered all of the facts and circumstances, that the defendant should be sentenced -- no unanimous agreement. Signed, foreperson.
Is this your true verdict so say you one and all?
UNIDENTIFIED MALE: Yes.
(CROSSTALK)
UNIDENTIFIED FEMALE: The bailiff will ask each -- I`m sorry, the clerk will ask each of you a question, please answer yes or no.
UNIDENTIFIED FEMALE: Juror number one, is this your true verdict?
UNIDENTIFIED FEMALE: Yes.
UNIDENTIFIED FEMALE: Juror number two, is this your true verdict?
UNIDENTIFIED MALE: Yes.
UNIDENTIFIED FEMALE: Juror number three, is this your true verdict?
UNIDENTIFIED FEMALE: Yes.
UNIDENTIFIED FEMALE: Juror number four, is this your true verdict?
UNIDENTIFIED MALE: Yes.
UNIDENTIFIED FEMALE: Juror number six, is this your true verdict?
UNIDENTIFIED FEMALE: Yes.
UNIDENTIFIED FEMALE: Juror number seven, is this your true verdict?
UNIDENTIFIED MALE: Yes.
UNIDENTIFIED FEMALE: Juror number nine, is this your true verdict?
UNIDENTIFIED MALE: Yes.
UNIDENTIFIED FEMALE: Juror number 12, is this your true verdict?
UNIDENTIFIED MALE: Yes.
UNIDENTIFIED FEMALE: Juror number 13, is this your true verdict?
UNIDENTIFIED MALE: Yes.
UNIDENTIFIED FEMALE: Juror number 14, is this your true verdict?
UNIDENTIFIED MALE: Yes.
UNIDENTIFIED FEMALE: Juror number 16, is this your true verdict?
UNIDENTIFIED FEMALE: Yes.
UNIDENTIFIED FEMALE: Juror number 18, is this your true verdict?
UNIDENTIFIED MALE: Yes.
UNIDENTIFIED FEMALE: In order to declare a retrial as to the penalty phase, the ordered setting a retrial on the penalty phase for July 18th in this division. This order setting a status conference in this division on penalty phase matters for June 20th at 8:30 a.m.
Ladies and gentlemen, on behalf of the participants in this trial, I wish to thank you for your extraordinary service to this community. This was not your typical trial. You were asked to perform very difficult responsibilities. The admonition is now lifted. You are free to talk about the case or not talk about it as you wished.
I will be back shortly to personally thank each of you for your service. You are excused.
NANCY GRACE, HLN HOST: And with that, the jury hangs. That is right. There is no verdict. I don`t care what it says across the bottom of this TV. They can call it whatever they want to call it. But it is not a verdict. They are hung. Mistrial.
I want to go out to Dave Hall, a very, very dear friend of Travis Alexander. Reaction.
DAVE HALL, FRIEND OF TRAVIS ALEXANDER: Well, Nancy, we`re devastated. As you can imagine we want this to be over as much as anybody. It is times like these, this -- you know, you got to dig deep in your faith. You got to know that God has a bigger plan for us than we know. And just -- everybody keep praying for the Alexander family. They really need it right now.
GRACE: You know what, Dave Hall, I am so glad that you said that. You are so right, Dave Hall. They need our prayers right now more than they ever did.
Take a look at this family. They have practically lost their jobs back home in California. They have come to court every single day. Travis doesn`t have a mother, a father, a grandmother, a grandfather. They`re all gone. This is who he`s got. And they have endured hardship. And they have weathered the most horrific experience, reliving their brother`s slaughter over and over and over, day after day for nearly six months. And now they are sentenced to do it all again.
Mike Galanos, you were there, explain to everyone what you observed.
MIKE GALANOS, HLN TV: Nancy, the Alexander family was just a few feet in front of me, and while Jennifer Willmott gave Jodi Arias that smile, the Alexanders, I could hear the sobs. Tanisha, a few feet in front of me. I saw the look on Samantha`s face. They just collapsed right in front of me. And then as they stood up, as the jury walked out, Nancy, two of the jurors, two of the female jurors that I saw were crying, one of them mouthing the words to the Alexanders, I`m sorry, I`m so sorry.
Another one of the female jurors so upset, her hands shaking, as she put her down. She couldn`t even look at them as she was crying. And then after that, the Alexanders, they sat down in front of me and literally collapsed in each other`s arms. And finally one of the men said, let`s go, we have to go and they walked out.
GRACE: At that moment where they said let`s go, let`s just go, we got to get out of here, it`s almost as if staying in that courtroom was just toxic. They couldn`t take it one more minute. And it`s because Jodi Arias is in the middle of it.
For anyone just joining us, Jodi Arias slaughters her then lover, Travis Alexander, like a pig out in the slaughter house. And the jury deadlocks on sentencing.
With me right now, Sean Alexander, close friend, lived with Travis. Reactions, Sean?
SEAN ALEXANDER, FRIEND OF TRAVIS ALEXANDER: It is just frustrating as it gets. This thing is never going to end it feels like, you know. And it just -- you were asked before you started this thing if you believe in the death penalty, my only question is what more could she have possibly done to deserve the death penalty?
Whether you`re for or against it doesn`t matter. The fact is they all said that they understood and they would be willing to make that verdict. Outside of her going out and killing each one of the juror`s moms, what else could she have possibly done to make her -- like worthy of a death penalty? It`s crazy that we`re sitting here having this conversation right now.
GRACE: You know, I didn`t think it would play out this way.
Back to you, Dave Hall, close friend of Travis Alexander. You were saying that the big difficulty is living through it all again for this family. Do you believe the family would want to accept a plea deal for life as opposed to reliving the whole thing.
HALL: You know, it just feels like the triple X version is of "Groundhog Day" where you just wake up and go through the same thing over and over and over. I can`t imagine them wanting to do it. But we`ve come so far I support their decision 100 percent if they tell Juan let`s keep going, then we just need to keep going through it.
GRACE: Out to you, Matt Zarrell, tell me exactly what the county is saying regarding the status. Something is happening on June 20th, correct?
MATT ZARRELL, NANCY GRACE STAFFER, COVERING STORY: Yes, Nancy, I`m going to read you the statement. The County Attorney`s Office says, "We appreciate the jury`s work in the guilt and aggravation phases of the trial. And now we will assess based upon available information what the next steps will be. As of this point in time, the court has set a status conference for June 20th, and we will proceed with the intent to retry the penalty phase. Because for purposes of a jury determination on punishment, this is still a pending matter, there will be no further comment."
They are assessing it but they are saying, Nancy, that they do plan to go forward with this penalty phase.
GRACE: You know, another issue, Alexis Tereszcuk, senior reporter, Radaronline.com, all of these satellite tour interviews that she`s been doing where she trashes the jury -- yes, she trashes the jury, says they betrayed her. Trashes his family, trashes Travis Alexander, accuses the public of wanting to persecute her and enjoying her misery. All of that, that can come in. That absolutely can come in the second go-around.
ALEXIS TERESZCUK, SENIOR REPORTER, RADAROLINE.COM: You are absolutely right. And this was not just a one-time interview that she did the day after, where the -- minutes after the verdict. She gave almost five hours of interviews. And she covered everything. She refused to answer one or two questions, like, how do you actually feel about capital punishment? She talked about everything else.
And you are exactly right. She trashed Travis Alexander. She kept saying, I really didn`t want to have to say he is a pedophile, which the jury didn`t buy. She also wouldn`t even defend herself, she just said I actually already said I`m sorry, I don`t have to say it again. She didn`t apologize, all of this can come into play. And these are things and what the jury couldn`t see is in fact what she didn`t want the public to see which was her in prison stripes.
She was actually wearing her black and white uniform. She put a sweater over it. She didn`t want people to see she was shackled. She`d chains around her ankles, and she was wearing those hot pink socks that that sheriff makes them all wear. She didn`t want people to see that but the jury can see that this time.
GRACE: Out to Dr. Bethany Marshall, psychoanalyst and author of "Dealbreakers."
You know, Bethany, for most of us when we do something wrong, when I know that I`ve done something wrong, I feel hot all over, sometimes I feel nauseous, I want to cry, I want to fix it somehow. But I literally get a physical reaction when I know that I have hurt somebody`s feelings or I have done a bad thing, or that I think is bad.
I could no more put on makeup and get my hair all fixed up after talking to Travis Alexander`s family and begging and trying -- well, she never did beg for forgiveness. But -- and go on camera and demand hair and makeup? And do a TV satellite tour?
Look at this family. Look at them. And there is arias, insisting that they not shoot her full body so nobody will ever know what she is wearing.
Bethany, what is that?
BETHANY MARSHALL, PSYCHOANALYST, AUTHOR OF "DEALBREAKERS": Well, you know, one of the core features of sociopath is lack of empathy and remorse towards others. Think about why she murdered Travis Alexander. It was to have -- to triumph over him and to have power over him.
And what did she do in all those interviews? She trashed him and had power over him one more time. And when that verdict was read, she had power one more time when she covered her mouth like that, she was gleeful because she felt she had won.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
JUAN MARTINEZ, PROSECUTOR: This individual, the defendant, Jodi Ann Arias, killed Travis Alexander. Accorded the media, she`s gone on national television.
JODI ARIAS, CONVICTED MURDERER: It was one of those things that was very fun while it lasted. I don`t think it was warranted but I took it as a compliment.
MARTINEZ: This is an individual who is manipulative, this individual will stop at nothing.
ARIAS: I never meant to cause them so much pain. I`ve wondered where is his grandma? To know now that both are gone and that I may have also inadvertently induced her passing destroyed me.
MARTINEZ: Anybody debate the reason she is crying, is she cries for herself.
UNIDENTIFIED REPORTER: Jodi`s fate is in the hands of the jury. She would either live or she would die.
UNIDENTIFIED FEMALE: State of Arizona versus Jodi Ann Arias, sentencing verdict. We the jury, duly impaneled and sworn in the above entitled action, upon our oaths, unanimously find having considered all of the facts and circumstances that the defendant should be sentenced, no unanimous agreement, signed foreperson.
UNIDENTIFIED FEMALE: Is this your true verdict, so say you one and all?
UNIDENTIFIED MALE: Yes.
(END VIDEO CLIP)
GRACE: You heard it right. There is no verdict. The jury has hung. They could not agree on a verdict. Life or death. They said they were going to have a conference, a press conference and answer questions. Backed out of that. The jury exhausted, some of them weeping. Openly.
Straight out to Jane Velez-Mitchell out at the courthouse -- Jane.
JANE VELEZ-MITCHELL, HOST, HLN`S "ISSUES": Nancy, you can already see that the scene is changing. The mood is just deflated. People have cleared out. We have basically the media left, along with two of Arizona`s most prominent attorneys. And on my right, the hard core court watchers and supporters of Travis Alexander, who are devastated. Supporters of the family, supporters of the prosecution.
Why has this really torn into you so deeply?
UNIDENTIFIED FEMALE: Just because the family has been through so much already. And it just seems like it is never going to end. And -- it`s just heartbreaking, it`s heartbreaking to know what they`re -- just can`t even imagine what they`re going through.
VELEZ-MITCHELL: And I know you`re going to hold a fundraiser for the family of Travis Alexander. You were just telling me a car wash in your little way to try to help them out.
UNIDENTIFIED FEMALE: Yes, because it cost them so much, I mean to be here and they`re here every day. For them to have to go through this again. And it`s just -- I`m sure it is a financial burden. And I just want to do something. It`s just something, you know, that we can try to do as a community because we all want to help in some kind of way.
VELEZ-MITCHELL: Why has this touched your heart? Why are you crying?
UNIDENTIFIED FEMALE: It is just so many people are hurt today because of the verdict. I am hurt for the Alexander family. I am hurt for the prosecutor, that he tried so hard to get justice for Travis. And my understanding, it is just a delay. I pray to God that we`re able to find new jurors that will be able to convict her of what she deserves. I want - -
VELEZ-MITCHELL: Well, she is convicted. The question is the sentence. These folks are upset. But they haven`t given up. And they say they`ll be back for the next round. Nancy?
GRACE: I think you`re right, Jane.
Let`s go out to the line, Sandra, North Carolina. Hi, Sandra, what`s your question?
SANDRA, CALLER FROM NORTH CAROLINA: Hi, Nancy, first of all, I would like to say my heart is broken for the Alexander family and my thoughts and prayers are with them. And my question is, do you actually think that they will be able to seat another jury that will be fair and impartial that hasn`t seen or heard anything about --
GRACE: Sandra.
SANDRA: Even if they moved it out of Arizona?
GRACE: Sandra, it cannot be moved out of Arizona, it`s got to stay within the state lines. I do think they will get a jury. It`s happened in many, many other cases.
Every time there is a high profile case, Jeff Jacobson, everybody says you can`t get a fair jury, you can`t get a fair jury, they said it this time, too. But there will be a fair jury. They will go through a voir dire until they get one. And then they`ll re-try this. Martinez is not taking this laying down.
I agree with you. He`s not taking it laying down, but I have two predictions, Nancy. First, I think Jodi is going to end up with new lawyers. She`s already accused them of being ineffective. Lawyers have tried to get off the case. I think she`s going to get new lawyers. And I think the first thing they will do is file a motion for change of venue and get the trial out of Maricopa County.
(COMMERCIAL BREAK)
GRACE: Two words, hung jury. Out to you, Ryan Smith.
RYAN SMITH, HOST, IN SESSION ON TRUTV: Yes, Nancy, I just can`t believe it. Because you think about how long they have been with this case. And that`s why I think you saw so many emotions out of some of those jurors who have had their minds set on coming to a decision, have their minds set on letting the Alexander family, for example, deal with this issue and not have to go through this again.
But now this whole process resets. We go back to a penalty phase with a whole new jury. And I look at this family, you see the pictures right there, and there`s just anger and sadness that they have to now come back into this situation and look at Jodi Arias right there in that courtroom every single day until there`s a decision. It`s just heartbreaking.
GRACE: Susan Constantine, jury consultant, what happened? What happened? You`re the expert with juries.
SUSAN CONSTANTINE, JURY CONSULTANT: Well, you know what, first of all, we can`t trust the words that are spoken. You know, just because a juror says I`m in agreement with the death penalty if I`m having to make that decision, this is a classic example. We can`t believe the words that people speak. There`s always something behind it. We need to probe around it when we`re doing jury selection to find out why they believe what they believe and not just taking it on the face.
GRACE: You know what, Susan Constantine, you`re absolutely right, and I`ve got a very strong feeling, Susan, that Martinez will do just that.
Out to you, Beth Karas, what did you observe?
BETH KARAS, LEGAL CORRESPONDENT, IN SESSION: Nancy, emotion not even lost on those working in the courthouse today. A female deputy went up to Steve and Samantha saying, I`m so sorry. Trying to console them. And as you just saw in a rare moment, we even saw the judge getting a little choked up.
(COMMERCIAL BREAK)
GRACE: We remember American hero, Army Staff Sergeant Kevin Kessler, 32, Canton, Ohio, Bronze Star, Purple Heart, seven Army Achievement medals, five Army Commendation medals, parents Chris and Larry. Step parents, Sue and Rod. Three siblings, three step siblings, wife Adrienne, daughter Amelia.
Kevin Kessler, American hero.
And now back to the Arias verdict. The reality is, there is no verdict. For those of you just joining us, the jury files into the courtroom to announce they are deadlocked. Mistrial. Hung jury.
You know, out to you, Jean Casarez. I`m not quite sure why this feeling seems to be permeating every person involved, a feeling of, a sense of injustice. And, a hung jury, typically, is not an injustice. You just retry the case. I`ve had a mistrial before and had to retry the case, but it doesn`t feel that way, Jean.
JEAN CASAREZ, LEGAL CORRESPONDENT, "IN SESSION": No. No, it doesn`t. You know, Nancy, as I sat in that courtroom, Steven Alexander just came to my mind, and I couldn`t get out because he begged the jury. He said, I want to go home, and I never want to see my brother`s murderer again. The jury could not grant that for him. They could not give him that wish.
GRACE: You know, Jean, as you were talking, we were showing the viewers -- would you mind showing that one more time, Liz? The family of Travis Alexander. Look at them, looking at the jury, barely able containing, able to contain their emotions.
My words to the Travis Alexander family tonight, you are in our prayers. And this is not the end of "State versus Jodi Arias."
The courtroom is empty. The trial day is done, but there will be another day in court for Arias. Dr. Drew up next. I`ll see you tomorrow night, 8:00 sharp Eastern. And until then, goodnight, friend.
END
