Murder of Travis Alexander

The trial commenced in Maricopa County's Superior Court before Judge Sherry K. Stephens. Initial jury selection began on December 10, 2012.[48] During jury selection on December 20, Arias' defense attorneys argued that the prosecution was "systematically excluding" women and African-Americans; prosecutor Juan Martinez said that race and sex were irrelevant to his decisions to strike certain jurors. Judge Stephens ruled that the prosecution had shown no bias in the jury selection.[49]

In opening arguments on January 2, 2013, Martinez sought the death penalty.[50] Arias was represented by appointed counsel L. Kirk Nurmi and Jennifer Willmott, who argued that Alexander's death was a justifiable homicide committed in self-defense.[51]

Co-worker Burns testified that when Arias visited him in Utah, the two had spent several hours hugging and kissing on a large bean bag chair. She told him she had cut her hands on broken glass while working at a restaurant called Margaritaville. A detective testified no restaurant by that name had ever existed in the Yreka area; at the time, Arias was working at a restaurant called Casa Ramos.[52] Arias later testified that after she cut her finger: "I had a bazillion margaritas to make."[53] Later, the prosecution argued that since a .25 caliber round was found near Alexander's body and that a gun of the same caliber was stolen from Arias's residence in Yreka the week before, she had staged the burglary and used the gun to kill Alexander.[29][30] Martinez claimed Arias had stalked Alexander and had slashed his tires twice. In addition, in the final days before his death, Alexander had called her a "sociopath" and "the worst thing that ever happened to me", and stated he was afraid of her.[54]

Arias took the stand in her own defense on February 4, 2013,[55] testifying for a total of eighteen days; the length of time Arias spent on the stand was described by criminal defense attorney Mark Geragos as "unprecedented".[56] On the first day of her testimony, Arias told of being violently abused by her parents beginning when she was approximately seven years old.[55] She testified that she rented a car in Redding because Budget's website gave her two options, one to the north and one to the south, and her brother lived in Redding.[57] On her second day on the stand, she said that her sex life with Alexander included oral and anal sex; she said the anal sex was painful for her the first time they experienced it together, and that while she considered these forms of sex to be real sex, Alexander did not as they were (supposedly) not against Mormon rules concerning vaginal intercourse. Arias said that they eventually had intercourse, but less often.[58] A phone sex tape was played in which Alexander said he wanted to zip tie Arias to a tree and have anal sex with her while she was dressed as Little Red Riding Hood, which Arias seemed to respond to enthusiastically.[59] Arias had recorded this phone sex session without Alexander's knowledge or consent, apparently hoping to use it to embarrass Alexander to his Mormon peers.[18] Arias also testified that Alexander had secretly found young boys and girls sexually attractive and that she tried to help him with these urges.[60][61] Forensic experts testified that an examination of Alexander's computer found no evidence of pornographic material.[18]

Arias testified that her relationship with Alexander became increasingly physically and emotionally abusive.[62] She said that Alexander shook her while saying, "I'm fucking sick of you", then began "screaming at me", after which he "body slammed me on the floor at the foot of his bed" and taunted her, saying "don't act like that hurts", before he called her a "bitch" and kicked her in the ribs. Afterward, Arias said "he went to kick me again, and I put my hand out." Arias held up her left hand in the courtroom, showing that her ring finger was crooked.[62] According to Arias, the dysfunction of their relationship reached its climax when she killed him in self-defense after he became enraged when she dropped his camera,[63] forcing her to fight for her life. This was the third differing account of Alexander's death given by Arias,[64] which both prosecutors, courtroom observers, and later jurors felt severely damaged her credibility. Rebuttal witnesses from the prosecution included several of Alexander's other girlfriends, who stated he never exhibited any problems with anger or violence.[18]

Arias addressed comments she made in a September 2008 interview with the syndicated news program Inside Edition, which had been played earlier in the trial. In the interview, she said: "No jury is going to convict me ... because I am innocent. You can mark my words on that." Discussing the statement during her testimony, Arias said, "At the time [of the interview], I had plans to commit suicide. So I was extremely confident that no jury would convict me, because I didn't expect any of you to be here." At the close of his cross-examination of Arias, Martinez replayed the video and prompted Arias to affirm that she had said during the interview that she would not be convicted because she was innocent.[55][65][66] When being questioned by Martinez, Arias was initially combative and flippant, but after several days, Martinez was able to highlight the numerous lies and inconsistencies in her testimony and she admitted to stabbing and shooting Alexander despite her earlier claims of a lapse in her memory.[18] The jury's foreman, William Zervakos, later expressed an opinion common to both jurors and observers when he told ABC's Good Morning America that Arias' testimony did not do her any good: "I think eighteen days hurt her. I think she was not a good witness."[67]

Starting March 14, psychologist Richard Samuels testified for the defense for nearly six days. He said Arias was likely suffering from acute stress at the time of the murder, sending her body into a "fight or flight" mode to defend herself, which caused her brain to stop retaining memory. In response to a juror's question asking whether this scenario could occur even if this was a premeditated murder, as the prosecution contended, he responded: "Is it possible? Yes. Is it probable? No." Samuels also diagnosed Arias with post traumatic stress disorder (PTSD).[68] Martinez attacked Samuels' credibility, accusing him of forming a relationship with Arias and being biased; Samuels had previously testified he had compassion for Arias.[69] Beginning on March 26, Alyce LaViolette, a psychotherapist who specializes in domestic violence, testified that Arias was a victim of domestic abuse, and that most victims do not tell anyone about abuse because they feel ashamed and humiliated.[70] LaViolette summarized emails from Alexander's close friends: "They have basically advised Ms. Arias to move on from the relationship ... that Mr. Alexander has been abusive to women."[71] The jury posed nearly 160 questions to LaViolette, many of them focusing on Arias' credibility.[72]

Clinical psychologist Janeen DeMarte testified for the prosecution, stating that she found no evidence Alexander had abused Arias, and no evidence of PTSD or amnesia in Arias. Furthermore, Arias' claimed total memory loss for long stretches of time was inconsistent with traumatic amnesia associated with PTSD which manifests as much shorter gaps in memory.[18] Instead, DeMarte said Arias suffered from borderline personality disorder, showing signs of immaturity and an "unstable sense of identity." People who suffer from such a disorder "have a terrified feeling of being abandoned by others", DeMarte told jurors.[73] The final defense witness was psychologist Robert Geffner, who said that DeMarte's borderline diagnosis was "not appropriate" and that all tests taken by Arias since her arrest pointed toward an anxiety disorder stemming from trauma. He also said the tests indicated that she answered questions honestly, without lying.[74][75] Following Geffner's testimony, the state recalled Horn, who testified further on the gunshot wound, and called Jill Hayes, a forensic neuro-psychologist, who disputed Geffner's testimony that the MMPI test was not geared toward diagnosing borderline personality disorder,[76] concluding a long day in court at 8:29 pm.[46]

On April 24, in response to previous testimony given by Arias about buying a five-gallon gas can from a Walmart store in Salinas on June 3, 2008, that she returned on the same day,[53] the prosecution called Amanda Webb, an employee from the only Walmart in Salinas, to the stand. Webb said that according to Walmart's records, no one returned a five-gallon gas can on that date, and that Arias returned the gas can a week later rather than on June 3.[77] The gas can evidence was seen as important in establishing premeditation, as the prosecutor argued that Arias was trying to avoid being recorded on gas station security cameras as she drove to Mesa.[18]

In closing arguments on May 4, Arias' defense argued that the premeditation theory did not make sense. "What happened in that moment in time? The relationship, the relationship of chaos, that ended in chaos as well. There is nothing about what happened on June 4th in that bathroom that looks planned ... Couldn't it also be that after everything they went through in that relationship, that she simply snapped? ... Ultimately, if Miss Arias is guilty of any crime at all, it is the crime of manslaughter and nothing more." In rebuttal, Martinez described the extent and variety of Alexander's wounds. "There is no evidence that he ever laid a hand on her, ever. Nothing indicates that this is anything less than a slaughter. There was no way to appease this woman who just wouldn't leave him alone," he said.[78]

Arias' testimony added to a very long defense portion of the guilt phase of the trial, which led to problems with retention of jury members. On April 3, a member of the jury was dismissed for "misconduct." The defense team asked for a mistrial, which the judge denied.[8] On April 12, another juror was excused for health reasons.[79] A third juror was dismissed on April 25 after being arrested for a DUI offense.[80] As of April 25, defense costs had reached almost $1.7 million, paid by taxpayers.[81]

On May 7, 2013, after fifteen hours of deliberation, Arias was found guilty of first-degree murder. Out of twelve jurors, five jurors found her guilty of first-degree premeditated murder, and seven jurors found her guilty of both first-degree premeditated murder and felony murder.[82] As the guilty verdict was read, Alexander's family smiled and hugged each other. People outside the courtroom began cheering and chanting.[83]

Following the conviction, the prosecution was required to convince the jury that the murder was "cruel, heinous, or depraved" in order for them to determine that Arias was eligible for the death penalty.[84] The aggravation phase of the trial started on May 15, 2013.[85][86] The only witness was the medical examiner who performed the autopsy. Arias' attorneys, who had repeatedly asked to step down from the case, gave only brief opening statements and closing arguments, in which they said the adrenaline rushing through Alexander's body may have prevented him from feeling much pain during his death. Prosecutor Martinez showed photos of the corpse and crime scene to the jury, then paused for two minutes of silence to illustrate how long he said it took for Alexander to die at Arias' hands. After less than three hours of consideration, the jury determined that Arias was eligible for the death penalty.[87]

The penalty phase began on May 16, 2013, when prosecutors called Alexander's family members to offer victim impact statements, in an effort to convince the jury that Arias' crime merited a death sentence.[87]

On May 21, Arias offered an allocution, during which she pleaded for a life sentence. Arias acknowledged that her plea for life was a reversal of remarks she made to a TV reporter shortly after her conviction, when she said she preferred the death penalty. "Each time I said that, I meant it, but I lacked perspective," she said. "Until very recently, I could not imagine standing before you and asking you to give me life." She said she changed her mind to avoid bringing more pain to members of her family, who were in the courtroom. At one point, she held up a white T-shirt with the word "survivor" written across it, telling the jurors that she would sell the clothing and donate all proceeds to victims of domestic abuse. She also said she would donate her hair to Locks of Love while in prison, and had already done so three times while in jail.[88]

That evening, in a joint jailhouse interview with The Arizona Republic, KPNX-TV and NBC's Today, Arias said she did not know whether the jury would come back with life or death. "Whatever they come back with I will have to deal with it, I have no other choice." Regarding the verdict she said, "It felt like a huge sense of unreality. I felt betrayed, actually, by the jury. I was hoping they would see things for what they are. I felt really awful for my family and what they were thinking."[89][90]

On May 23, the sentencing phase of Arias' trial resulted in a hung jury, prompting the judge to declare a mistrial for that phase. The jury had reached an 8–4 decision in favor of the death penalty.[91] After the jury was discharged, jury foreman Zervakos stated that the jury found the responsibility of weighing the death sentence overwhelming, but were horrified when their efforts ended in a mistrial. "By the end of it, we were mentally and emotionally exhausted," he said. "I think we were horrified when we found out that they had actually called a mistrial, and we felt like we had failed."[92]

On May 30, Maricopa County Attorney Bill Montgomery discussed the next steps at a news conference. He said he was confident an impartial jury could be seated, but it was possible that lawyers and the victim's family could agree to scrap the trial in favor of a life sentence with no parole.[93] Arias had said, "I don't think there is an untainted jury pool anywhere in the world right now. That's what it feels like. But I still believe in the system to a degree, so we'll just go through that if that happens."[89] Defense attorneys responded, "If the diagnosis made by the State's psychologist is correct, the Maricopa County Attorney's Office is seeking to impose the death penalty upon a mentally ill woman who has no prior criminal history. It is not incumbent upon Ms. Arias' defense counsel to resolve this case."[94][95]

During the trial, defense attorneys filed for mistrial in January, April and May 2013.[96][97] Arias' lawyers argued in January that Esteban Flores, the lead Mesa police detective on the case, perjured himself during a 2008 pretrial hearing aimed at determining whether the death penalty should be considered an option for jurors. Flores testified at the 2009 hearing that based on his own review of the scene and a discussion with the medical examiner, it was apparent that Alexander had been shot in the forehead first. Contrary to Flores' testimony at the 2009 hearing, the medical examiner told jurors the gunshot probably would have incapacitated Alexander. Given his extensive defense wounds, including stab marks and slashes to his hands, arms and legs, it was not likely the shot came first. Flores denied perjury and said during his trial testimony that he just misunderstood what the medical examiner told him.[98]

In April, the defense claimed the prosecutor had acted inappropriately and said the case resembled a modern-day equivalent to the Salem witch trials. In the motion the defense team contended "the prosecutorial misconduct has infested these proceedings with a level of unfairness that cannot be cured by any other means." The motion also stated there is a "circus-like atmosphere inside the courtroom" and that Martinez had yelled at witnesses, attacked witnesses on a personal level, and had thrown evidence. The motion also alleged that Martinez chose to release evidence and to pose for pictures with his fans on the steps of the courthouse. The attorneys claimed Arias was in a position in which she could not present a complete defense and that the only constitutional course was to declare a mistrial.

On May 20, 2013, defense attorneys filed motion which alleged that a defense witness who had been due to testify the preceding Friday, the 17th, began receiving death threats for her scheduled testimony on Arias' behalf. The day before the filing, the witness contacted counsel for Arias, stating that she was no longer willing to testify because of the threats. The motion continued, "It should also be noted that these threats follow those made to Alyce LaViolette, a record of which was made ex-parte and under seal." The motion was denied, as was a motion for a stay in the proceedings that had been sought to give time to appeal the decisions to the Arizona Supreme Court.[99]

On May 29, 2013, the Arizona Supreme Court declined to hear an appeal filed three months earlier, also refused by the mid-level Arizona Court of Appeals. Nurmi had asked the high court to throw out the aggravating factor of cruelty because the judge had allowed it to go forward based on a different theory of how the murder occurred. The lead detective originally claimed that the gunshot occurred first, followed by the stabbing and slitting of the throat. Based on that theory, Stephens ruled there was probable cause to find the crime had been committed in an especially cruel manner, an aggravating factor under state law. Subsequent to this initial hearing, the medical examiner testified that the gunshot occurred postmortem.[98][100]

On July 6, 2018, Arias' current attorneys, Margaret M. Green (a.k.a. Peg Green) and Corey Engle, filed a 324-page appeal seeking her murder conviction be overturned to the Court of Appeals. The state's response was due by January 4, 2019 and is to be provided by the Arizona Attorney General's Office. Arias would be allowed a formal reply to the state's counterargument prior to the case going before a three-judge panel for oral argument.[101][102]

On October 17, 2019, Arias' attorneys argued to the Court of Appeals that her sentence should be overturned on the basis that Martinez acted inappropriately throughout the trial, resulting in a media frenzy and affecting the outcome of the trial.[103] On March 24, 2020, the court held that notwithstanding "egregious" and "self-promoting" misconduct by the prosecutor, Arias had been convicted "based upon the overwhelming evidence of her guilt," and upheld the conviction.[104]

On October 21, 2014, Arias' sentencing retrial began. Opening statements were given, and a hearing on evidence was held. Prosecution witness Amanda Webb, called in the first trial to rebut Arias' testimony that she returned a gas can to Walmart on May 8, 2007, admitted she did not know if all records were transferred after the store relocated.[105] After a holiday break, the retrial resumed in January, 2015.[106] Mesa police experts admitted that Alexander's laptop had viruses and pornography, contrary to testimony in the first trial in 2013.[107] Jury deliberations began on February 12, 2015.[108][109] On March 2, 2015, the jury informed Judge Stephens that they were deadlocked. Arias' attorneys requested a mistrial. Stephens denied the request, read additional instructions to the jury, and ordered them to resume deliberations.[110] On March 5, 2015, Stephens declared a mistrial because the jurors, who deliberated for about 26 hours over five days, deadlocked at 11–1 vote in favor of the death penalty. Sentencing was scheduled for April 7, 2015, with Stephens having the option to sentence Arias to either life imprisonment without the possibility of parole, or with the possibility of parole after 25 years.[111][112][113] On April 13, Stephens sentenced Arias to life imprisonment without the possibility of parole.[114] By March 5, 2015, Arias' trials cost an estimated $3 million.[115]

In an interview on April 8, 2015, Arias' attorney Jennifer Willmott discussed the social media furor, death threats she received, Arias' statements at the sentencing, the holdout juror, and stated that she believed that Arias testified truthfully.[116]

In June 2015, following a restitution hearing, Arias was ordered to pay more than $32,000 to Alexander's siblings. Her attorney stated this was about one third of the amount requested.[117]

As of 2016, Arias is housed at the Arizona Department of Corrections #281129, which is located at Arizona State Prison Complex - Perryville.[118] She started her sentence in the complex's maximum security Lumley Unit, but she has the possibility of being downgraded to the medium security level.[119]

In late January 2013, artwork drawn by Arias began selling on eBay. The seller was her brother; he claimed that the profits went towards covering the family's travel expenses to the trial and "better food" for Arias while she was in jail.[134]

On April 11, USA Today reported that during the testimony of defense witness Alyce LaViolette, public outrage was extreme concerning her assertions that Arias was a victim of domestic violence. Tweets and other social media posts attacked LaViolette's reputation. More than 500 negative reviews of LaViolette's yet-to-be-released book appeared on Amazon.com calling LaViolette a fraud and a disgrace. "It's the electronic version of a lynch mob," said retired Maricopa County Superior Court Judge Kenneth Fields.[135] Attorney Anne Bremner, who said she received death threats after she provided legal counsel in the Amanda Knox case, told The Huffington Post that the kind of online ridicule and threats LaViolette received could affect attorneys and witnesses in high-profile trials. "It's something to take into account," Bremner said. "If I had kids I would consider it even more so."[136]

On May 9, The Republic commented: "The Jodi Arias trial has been a social-media magnet. And when Arias was convicted Wednesday of first-degree murder, Twitter and Facebook exploded with reaction. Much of it was aimed at Arias, though plenty of people tweeted at the media coverage, such as the antics of HLN host Nancy Grace. During the trial, hardcore followers of the proceedings were accused of trying to use social media to intimidate witnesses, or otherwise influence the outcome. Whether it had any effect is questionable, but it's a notable development."[137]

On May 24, Victoria Washington, who was one of Arias' attorneys until she had to resign in 2011 because of a conflict, said "Arias' lead attorney, Nurmi, was pilloried in social media. At one point, an Internet denizen digitally superimposed his face onto a crime-scene photo of Alexander dead in the shower of his Mesa home. I know people were aggravated with him constantly filing for mistrial, but you have to make and preserve the record for federal review (on appeal). If you don't file for mistrial, the appeals courts will say you waived it."[138]

On May 28, Radar Online reported the jury foreman had been receiving threats ever since the panel deadlocked on the sentencing phase, and now his son was claiming he's receiving death threats. "Today I read hate mail my dad had gotten. Some person had sent him a threatening message complete with his email address, full name, and phone number (which at the very least means that this guy should retake Hate Mail 101). I also read some comments on an article online about my dad. Surreal. They say my dad was fooled by the defendant, that he was taken with her, that he hated the prosecutor," his son wrote on his public blog.[139]

The Twitter account in Arias' name is operated by Arias' friends on her behalf. On June 22, from that account, Arias tweeted, "Just don't know yet if I will plea or appeal."[140]

On March 6, 2015, after the retrial of the penalty phase concluded, it was reported that juror #17, the sole holdout, received death threats and police were posted at her house. Dennis Elias, a jury consultant, said, "The very fact that people are making death threats and trying to out her, it is not a proud day for any single one of those people and they should be ashamed."[141]