PHOENIX - Attorneys for Jodi Arias have filed another motion for a mistrial, claiming the prosecutor acted inappropriately and said the case resembles a modern-day equivalent to the Salem witch trials.
In the motion filed on Sunday by Kirk Nurmi and Jennifer Willmot, Arias’ defense team contends “the prosecutorial misconduct has infested these proceedings with a level of unfairness that cannot be cured by any others means.”
The motion states there is a “circus-like atmosphere inside the courtroom” and prosecutor Juan Martinez has yelled at witnesses, attacked witnesses on a personal level, and has thrown evidence.
The motion also alleges Martinez chose to “release evidence” and to pose for pictures with his fans on the steps of the courthouse.
The attorneys claim Arias is now in a position where she cannot present a complete defense and the only constitutional course is to declare a mistrial.
The defense team filed the motion before the start of Monday’s trial. The judge did not address the motion in court, although the judge has already rejected a similar motion.
Arias' attorneys have asked for several mistrials and, so far, each has been denied.
Arias’ attorney filed a second motion on Sunday asking the judge to preclude any testimony regarding the weight capacity of the shelves inside Travis Alexander’s closet.
While on the stand, Arias testified she stepped on the shelves in an attempt to grab the gun she shot Alexander with.
During cross-examination, Martinez questioned Arias about how much she weighed and implied if Arias had stepped on the shelves it would not have held her weight.
The second motion indicates evidence was collected by the state on March 5, 2013 and the motion requests to preclude any and all evidence related to any weight assessments or testing on the shelving at the place of death.
The motion reveals the State took measurements of the closet and took pictures of the shelving unit which includes an image of someone “placing weight on and/or lifting up one of the shelves that is now situated within the closet.”
The second motion states “there has been no evidence that the shelves as issue are indeed the same shelves in the same condition, nor is there any evidence that the current shelving is supported by the same pins that were present on June 4, 2008.”
The judge did not address the second motion in court on Monday.
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