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Legally Speaking: New year, same games in Jodi Arias retrial

LISTEN: Monica Lindstrom - Jodi Arias Case - 2015

The trial in State v. Jodi Arias was scheduled to resume Monday but that didn’t happen.

An evidentiary hearing regarding the release of the transcript of Arias’ “secret testimony” was scheduled to be heard this morning. David Bodney, the attorney representing various media outlets was present and ready to argue; but he wasn’t given the chance.

The morning started like most mornings do, with Judge Sherry Stephens requesting the attorneys approach the bench.

Once the white noise, affectionately called the #sizzlebar, was turned on, the attorneys and the judge continued to have a lengthy conversation out of the hearing of everyone in the courtroom. When the sidebar ended, the attorneys went back into chambers presumably to further discuss what had been brought up during the sidebar. Shortly thereafter the court public information officer tweeted out that there would be no trial for the day.

After a short recess and after the players returned to the courtroom, Judge Stephens explained Kirk Nurmi, the lead defense attorney, had filed a petition with the Arizona Supreme Court and a request to stay.

Although I have not yet reviewed the petition, it is my understanding he’s asking the Arizona Supreme Court to overturn the Court of Appeals decision and agree that Judge Stephens was correct in removing all media and public from the courtroom for Arias’ testimony.

Nurmi requested the Supreme Court “stay” the Court of Appeals decision allowing the transcript to be released.

In other words, he wants the media and the public to continue to be kept out of the courtroom while Arias testifies and he doesn’t want the transcript of what she has said, or will say, to be released. There is no indication if or when the Arizona Supreme Court will accept the case.

The prosecutor, Juan Martinez, did not have anything to add in open court.

Due to this turn of events, trial was cancelled for Monday and the jury was sent home. The attorneys will meet with Judge Stephens Monday afternoon to determine if trial will continue Tuesday.

Continue to follow @MonicaLindstrom and @KTAR923 for updates on the Jodi Arias trial.