Jodi Arias trial update: Elizabeth Johnson's lawyer Marc Victor talks Arias

With the guilty verdict in, the next decision for the Jodi Arias jury is to determine whether she should be eligible for the death penalty.

"The question whether this is a death case is more difficult than whether this is first degree," said Valley defense attorney Marc Victor.  Victor has worked on several high profile trials.

"What is going to be looked at is whether Travis Alexander suffered and whether she intended for him to suffer," Victor said.

The only aggravating circumstance this jury will debate is whether the crime was "especially cruel."

Victor said the prosecution will likely focus on a lot of the testimony we have seen specifically the medical examiners reports.

The defense will also offer testimony for mitigating evidence to be weighed against that.

"For her to beat death she have to come out and be remorseful and be humanized,"  Victor said. "I think she went in the wrong direction yesterday in giving an interview."

After the verdict Arias claimed in an interview that she would rather have death than life in prison.

The jury will have to consider the death penalty, a 25-year life sentence where parole is possible, or whether she will spend the rest of her natural life in jail.

The jury must be unanimous in its decision. Victor said if there is a deadlock an entire new jury panel would need to be assembled.

He expects the penalty phase to last about a week.

Special Jodi Arias section can be found on

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