Jodi Arias penalty phase delayed after testimony
By BRIAN SKOLOFF, Associated Press
May 16, 2013 5:55 PM CDT
Jodi Arias cries as Steven Alexander, brother of murder victim Travis Alexander, reads his "victim impact statement" to the jury on Thursday, May 16, 2013, during the penalty phase of the Jodi Arias trial at Maricopa County Superior Court in Phoenix. Jodi Arias was convicted of first-degree murder...   (Associated Press)

Jurors deciding Jodi Arias' fate have been sent home after proceedings were inexplicably delayed.

The panel was brought to tears earlier Thursday as they heard statements from the victim's family members describing how their lives were ripped apart by the killing.

The same jury convicted Arias of first-degree murder last week. During the trial's ongoing final penalty phase, the panel will decide whether to sentence Arias to life in prison or death for the 2008 murder of her one-time lover.

Trial is set to resume Monday, when Arias is expected to address jurors.

The 32-year-old acknowledged killing Travis Alexander at his suburban Phoenix home in June 2008, but claimed it was self-defense. Authorities say it was a premeditated murder fueled by jealousy.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.

Jurors deciding the fate of convicted murderer Jodi Arias were brought to tears Thursday, visibly shaken by dramatic statements from the victim's family members as they described how their lives were ripped apart by the killing.

Travis Alexander's younger brother Steven told the panel he was hospitalized for ulcers, lost sleep and separated from his wife.

He paused to choke back tears and regain his composure as he recounted the phone call he got from his sister the day his brother's body was found.

"She told me, `Steven, Travis is dead,'" he said. "I thought I was dreaming."

Steven Alexander described how his brother had survived motorcycle and car crashes and seemed to be "bulletproof."

"The nature of my brother's murder has had a major impact on me. It's even invaded my dreams," Steven Alexander told jurors, standing at a podium about 6 feet from the panel. "I've had nightmares about somebody coming after me with a knife, then going after my wife and my daughter.

"I don't want these nightmares anymore," he said. "I don't want to see my brother's murderer anymore."

The same jury convicted Arias of first-degree murder last week after about 15 hours of deliberations. During the ongoing final penalty phase of the trial, the panel will decide whether to sentence her to life in prison or death for the 2008 murder of her one-time lover.

Arias cried periodically during the testimony and looked away from jurors.

In opening statements, prosecutor Juan Martinez explained there are no mitigating factors in this case that should cause jurors to even consider a sentence other than death. The judge had instructed jurors that they could take into account certain things that might help them make a decision, such as the fact that Arias has no prior criminal record, had been a good friend, had an abusive childhood and even that she is a talented artist.

Martinez said none of that matters in regard to the brutal killing.

"There are no mitigating factors in this case," he said. "The only appropriate sentence ... is death."

Defense attorney Kirk Nurmi opened his part by explaining to jurors that their decision ultimately would be the final one.

"Your verdict, ladies and gentleman, will determine whether or not Jodi Arias spends the rest of her life in prison or if she is sentenced to be executed," Nurmi said, telling jurors they each had to make their own "moral assessment on what verdict is correct."

He then told the panel they would later hear directly from Arias.

"When you understand who Ms. Arias is, you will understand that life is the appropriate sentence," Nurmi said.

Alexander's sister Samantha later described for the panel how their grandmother, who raised the victim, saw her health fail after the killing and died around the time of jury selection.

"Travis was the glue in our family," Samantha Alexander said. She also recalled her brother's charisma, sense of humor, insight and "huge smile."

"Travis was our strength, our beacon of hope, our motivation," she said through tears. "Our lives will never be the same. ... We would give anything to have him back."

Other witnesses in the penalty phase will include Arias' friends and an ex-boyfriend who lived with her for several years in California.

Meanwhile, Arias' attorneys earlier this week asked to be allowed to step down from the case, but a judge denied the request.

Details about the motion were sealed, but legal experts said Arias complicated efforts for her defense when she gave an interview to Fox affiliate KSAZ minutes after her conviction, saying she preferred death over life in prison.

"I believe death is the ultimate freedom, and I'd rather have my freedom as soon as I can get it," Arias said.

During a closed-door meeting with the judge Tuesday, Nurmi and Jennifer Willmott sought permission to withdraw from the case, according to court minutes released Thursday.

Los Angeles-area criminal defense lawyer Mark Geragos said Arias' attorneys have a conflict of interest with their efforts to keep their client off death row and Arias' assertion that she'd rather die for her crime.

"It's not highly unusual," he said. "There are cases where defendants make decisions that they're better off on death row, but that puts the lawyer in a conflicted position. You've got a duty as a lawyer to bring the conflict of interest to the courts and disclose it."

Added Phoenix criminal defense lawyer Julio Laboy: "It would be something I would do in my major felony cases if I found that a client was actually working against me and not working with her defense."

Arias cannot choose the death penalty. It's up to the jury to determine a sentence. Her attorneys' motion to withdraw will have no impact on the penalty phase of the trial given jurors are not privy to the filing, and not even media have the details due to a court order sealing all such proceedings.

Arias, 32, acknowledged killing Alexander at his suburban Phoenix home after a day of sex on June 4, 2008. She initially denied any involvement then later blamed the attack on masked intruders. Two years after her arrest, she settled on self-defense.

The victim suffered nearly 30 knife wounds, had his throat slit from ear to ear and was shot in the forehead in what prosecutors described as an attack fueled by jealous rage after Alexander wanted to end his affair with Arias and prepared to take a trip to Mexico with another woman.

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