Interviewer: If the jury should come back hung, then the death penalty
is taken off the table and it is up to the judge to decide if she gets
life or life with the possibility of parole.
Jason Lamm: That’s correct. By Arizona law, the second time, if there
is no unanimous agreement, the sentence will be up to the court. But the
reality is, everyone is so concerned about life with a possibility of
parole – you’ve got about as good of a chance of a blizzard
rolling through Phoenix this afternoon as you do of Jodi Arias ever getting
out of prison. She will never get out of prison for the rest of her life,
no matter what the sentence is.
Interviewer: We’re following this very closely. We’ve essentially
spent almost a year of two separate trials – what does your gut tell you?
Jason Lamm: My gut tells me now what it told me when you and I stood here
18-24 months ago – that this probably isn’t a death case,
or at least it’s a close call. Capital cases are among the most
horrific, and unquestionably call for the death penalty. I’m not
saying that this was a violent murder or horrific murder, or there was
any reason or justification for Travis Alexander to be murdered, but I
don’t know and still don’t know to this day whether Jodi Arias
fits into that special bracket of those offenders who should be put to
death. I think the indecision on the part of the jury for last week and
this week speaks to that.
Interviewer: As a defense attorney, if you get a second shot at a trial
as this defense team did, to me watching it very closely, they presented
a better case the second time around than they did the first.
Jason Lamm: They absolutely did because the prosecution had to put everything
out on the table. They went for broke in that first trial, so they kind
of telegraphed what they were going to do, and Arias’ attorneys
were able to capitalize on that. Don’t forget that there was a huge
issue that came up in the second trial that we didn’t hear about
the first time. That was the pornography on Travis Alexander’s computer.
That’s also going to be an issue for appeal, because Jodi Arias
talked about that in her 18 days of testimony. Of course the state said
there’s no corroboration. Low and behold, this second time around,
there was evidence of pornography. It can be explained away, and that’s
of course what the prosecution is going to do. But the fact is, had that
been there in the first trial, it might have been different. But it’s
definitely been an asset for the defense the second time around. They’ve
definitely put on a stronger case to save Jodi Arias’ life.