Legally Speaking: Jodi Arias’ request to keep her testimony secret is denied

Jan 8, 2015, 11:38 PM | Updated: Apr 27, 2015, 8:38 pm
...
LISTEN: Monica Lindstrom - Jodi Arias Re-Trial Day 22

The Supreme Court of Arizona denied Jodi Arias’ request for stay on Thursday.

In late October 2014, Judge Sherry Stephens ordered the public and the media be removed from the courtroom for the testimony of a secret witness, who was later determined to be Arias.

Media outlets filed a special action with the Arizona Court of Appeals requesting it reverse Judge Stephens, claiming her actions violated the First Amendment to the U.S. Constitution.

The Arizona Court of Appeals agreed with the media and ordered that it was improper to remove the public and the media from the courtroom. It further ordered the transcript of Arias’ testimony to be released.

When Judge Stephens failed to release the transcript, the media filed a motion requesting the transcript be released. A hearing was scheduled earlier this week to address the motion. At that hearing, it was discovered Kirk Nurmi, lead defense attorney for Arias, filed a petition that morning for review and a request to stay the Court of Appeals order to the Arizona Supreme Court. As such, Judge Stephens continued the hearing to Thursday.

David Bodney, the attorney for the media outlets, argued that the Court of Appeals order stands and that no stay had been granted by the Arizona Supreme Court, and, as such, the transcript should be released. Bodney argued the defense has had ample time to file an appeal of the order and an objection to the motion for release of the transcript but either had not done so or waited until the last minute.

He also disclosed to the court that he had filed his response to the request for the stay on Wednesday.

With this information, Judge Stephens deferred ruling on the motion and stated she wanted to give the Supreme Court more time to decide the issue of the stay. She did confirm that the transcript of Arias’
testimony is ready to be released once she is ordered to do so, if ordered to do so.

This afternoon the Supreme Court of Arizona tweeted out that it was denying the stay and that briefs on the underlying issue are due Jan. 16.

Ironic that, in a case where the media and social media has been blamed for everything, the Supreme Court chose to tweet out its decision before the hard copy actually came out. After I tweeted this out, the Supreme Court responded to me.

@AZCourts I’m glad you did — efficiency hasn’t been a priority in this trial, or so it seems.

As such, the public and the media appreciate your chosen method of communication!

Trial is scheduled to resume on Monday.

Monica Lindstrom

(Facebook File Photo/Phoenix Police Department)...
Monica Lindstrom

Legally Speaking: Police may need to be part of Phoenix oversight office

Phoenix's requirement that no current or former law enforcement be part of a new police oversight office appears to be in direct conflict with recently signed Arizona laws, writes KTAR News legal expert Monica Lindstrom.
4 months ago
With coronavirus vaccines on the horizon, Arizona employers could require their employees to get th...
Monica Lindstrom

Legally Speaking: Arizona employees could be required to get virus vaccine

With coronavirus vaccines on the horizon, Arizona employers could require their employees to get the virus vaccine but there would be exceptions.
10 months ago
(AP Photo/Matt York)...
Monica Lindstrom

Legally Speaking: Maricopa County ballot lawsuit could have merit

KTAR legal expert Monica Lindstrom says the Maricopa County ballot lawsuit could have merit, whether it's for affecting ongoing races or correcting a procedural issue for the next election.
11 months ago
(KTAR News Photo/Kevin Stone)...
Monica Lindstrom

Legally Speaking: Why Arizona’s voter registration deadline was extended

A judge conducted a balancing test before ruling that Arizona's voter registration deadline should be extended, writes KTAR legal expert Monica Lindstrom.
12 months ago
(AP Photo)...
Monica Lindstrom

Legally Speaking: Mountainside not throwing in towel on Ducey lawsuit

In the epic legal battle of Ducey v. Mountainside, all thought Gov. Doug Ducey had won, but Mountainside Fitness is not done yet.
1 year ago
(Facebook Photo/Mountainside Fitness)...
Monica Lindstrom

Legally Speaking: Mountainside Fitness has good case against Ducey

KTAR legal expert Monica Lindstrom believes Mountainside Fitness has a good case to remain open despite Gov. Doug Ducey's executive order.
1 year ago
Legally Speaking: Jodi Arias’ request to keep her testimony secret is denied