Judge denies Arias motion for change of venue, jurors' Twitter n - KFVS12 News & Weather Cape Girardeau, Carbondale, Poplar Bluff

UPDATE

Judge denies Arias motion for change of venue, jurors' Twitter names

PHOENIX (CBS5) -

Judge Sherry Stephens has ruled the sentencing phase retrial of convicted murderer Jodi Arias will stay in Phoenix.

Stephens denies for the second time a motion by defense attorneys to move the case because of intense publicity.

Stephens ruled both times that Arias has failed to meet the burden of proving media coverage would inhibit her ability to get an impartial jury and fair trial.

Stephens on Dec. 4 denied a motion to have jurors provide their Twitter account names.

Attorneys Kirk Nurmi and Jennifer Willmott on Aug. 31 requested on Arias' behalf the names so they would be assured jurors in the sentencing retrial of Arias would not communicate about the case to the outside world.

The Maricopa County Superior Court judge, however, in her ruling did not restrict attorneys from asking prospective jurors about their use of social media

Prosecuting attorney Juan Martinez argued that disclosure would be an invasion of juror privacy.

Stephens said in her ruling:

"The court can find no legal authority supporting an order that all jurors provide their Twitter account information to the court. Access to social media and a particular juror's frequent use of social media may be appropriate topics for jury selections. The parties may include questions in the jury questionnaire regarding use of social media and whether a juror is willing to cease or limit accessing social media during the trial. This information may assist the parties in discovering concerns about prospective jurors.

"There is no lawful basis for the court or parties to investigate or monitor jurors absent a credible allegation that juror misconduct has occurred. If a juror is inclined to violate the court's admonition (provided orally during court proceedings and in writing in the preliminary Jury instructions given to each juror), there are numerous ways such a violation could occur. Requiring jurors to provide Twitter account information would not limit or reduce in any meaningful way the possibility that a juror will be exposed to extraneous information about the case or assist in preventing or proving a violation of the court's admonition. Further, informing jurors they are required to provide information about their social media accounts may result in a prospective juror refusing to participate as a juror on the case because he or she deem such a requirement to be a violation of his or her privacy rights.

"The court will not presume juror misconduct will occur. The court will not require all jurors to provide their social media account information to the court."

Stephens has banned live television coverage of Arias' sentencing phase retrial as prosecutors again seek the death penalty.

Arias was convicted of killing her former lover, Travis Alexander.

The first jury couldn't agree on a sentence of life behind bars, or the death penalty.

Copyright 2013 CBS 5 (KPHO Broadcasting Corporation). All rights reserved.

  • Also on KFVS12.comMore>>

  • SIDEBAR: Jodi Arias trial

    Tuesday, January 13 2015 2:02 PM EST2015-01-13 19:02:59 GMT
    Monday, April 13 2015 3:28 PM EDT2015-04-13 19:28:00 GMT
    Jodi Ann Arias stands accused of shooting, stabbing and slitting the throat of her former boyfriend, Travis Alexander, in June 2008.
    Jodi Ann Arias stands accused of shooting, stabbing and slitting the throat of her former boyfriend, Travis Alexander, in June 2008.
  • Trending StoriesTrending StoriesMore>>

  • McDonald's customers sue over paying for cheese on burgers

    McDonald's customers sue over paying for cheese on burgers

    Sunday, May 27 2018 6:35 AM EDT2018-05-27 10:35:01 GMT
    Sunday, May 27 2018 6:35 AM EDT2018-05-27 10:35:01 GMT
    The plantiffs claim McDonald's has been overcharging them because they have been paying for cheese they didn't want nor receive. (Source: Flickr)The plantiffs claim McDonald's has been overcharging them because they have been paying for cheese they didn't want nor receive. (Source: Flickr)

    The plaintiffs claim McDonald's has been "unjustly enriched" because customers have been paying for cheese they don't want.

    The plaintiffs claim McDonald's has been "unjustly enriched" because customers have been paying for cheese they don't want.

  • President George H.W. Bush back in hospital

    President George H.W. Bush back in hospital

    Sunday, May 27 2018 2:34 PM EDT2018-05-27 18:34:26 GMT
    Sunday, May 27 2018 3:03 PM EDT2018-05-27 19:03:34 GMT

    According to post-White House spokesman, Jim McGrath, former President George H.W. Bush was taken to Southern Maine Health Care today after experiencing low blood pressure and fatigue.

    According to post-White House spokesman, Jim McGrath, former President George H.W. Bush was taken to Southern Maine Health Care today after experiencing low blood pressure and fatigue.

  • Water moccasin invades home, puts family into action

    Water moccasin invades home, puts family into action

    Friday, May 25 2018 2:57 PM EDT2018-05-25 18:57:52 GMT
    This water moccasin entered a family's home. (Photo courtesy Krystal King)This water moccasin entered a family's home. (Photo courtesy Krystal King)

    An unwelcome visitor was cause for some tense moments and quick action in the King household Saturday morning. Krystal King says it was about 7 a.m. when Stephen, her oldest son, came into his parents' room to notify them about the "big snake in the bathroom."

    An unwelcome visitor was cause for some tense moments and quick action in the King household Saturday morning. Krystal King says it was about 7 a.m. when Stephen, her oldest son, came into his parents' room to notify them about the "big snake in the bathroom."

Powered by Frankly