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                                                                                                 U.S. NEWS Monday 23 october 2017

            Transcript errors, omissions prolong Jodi Arias appeal


                                                                      both  appointed  for  Arias’  sions  with  lawyers  out  of
                                                                      appeal  -  said  in  an  Aug.  earshot  of  jurors  and  the
                                                                      10 court filing that the tran-  public.  The  court  reporters
                                                                      scripts were particularly im-  documented  those  talks,
                                                                      portant  in  Arias’  convolut-  but  the  large  amount  of
                                                                      ed case because they had  material  involved  “bogs
                                                                      difficulty  sorting  out  what  down  the  process  of  re-
                                                                      happened when.               viewing  the  record,”  the
                                                                      Some  possible  appeal  is-  defense lawyers said.
                                                                      sues  spanned  five  or  six  Court rules normally require
                                                                      years  of  wrangling  before  that  a  defendant’s  open-
                                                                      and  during  the  125-day,  ing  brief  be  filed  within  40
                                                                      televised  trial,  the  defense  days  of  the  completion  of
                                                                      lawyers wrote.” The pattern  the record, but Arias’ law-
                                                                      of  this  case  reveals  recur-  yers  requested  and  got
                                                                      ring  issues.  Hearings  were  extra  time.  Arias  acknowl-
                                                                      often held in a piecemeal  edged  killing  Alexander
                                                                      fashion  over  the  course  of  but  claimed  it  was  self-
                                                                      weeks,  months  and  some-   defense.  Prosecutors  said
                                                                      times years.”                Arias  killed  Alexander  in  a
                                                                      For example, one issue sur-  jealous  rage  because  he
                                                                      faced in 2009 and lingered  wanted  to  end  their  taw-
                                                                      until  at  least  Feb.  5,  2015,  dry  relationship.  The  guilt
            In  this  Aug.  13,  2014  photo,  Jodi  Arias  talks  to  her  defense   the lawyers wrote.  phase of Arias’ trial ended
            attorney during a hearing in Maricopa County Superior Court in   Another  complication  is  in 2013 with jurors convict-
            Phoenix, Ariz. Consideration of Arias’ appeal of her first-degree   that  Arias’  trial  judge  held  ing her but deadlocking on
            murder  conviction  for  the  2008  killing  of  on-again  off-again
            boyfriend Travis Alexander has been delayed by about a year   frequent,  lengthy  discus-  punishment. q
            by problems with assembling trial transcripts.
                                  (Tom Tingle /The Arizona Republic/AP)

            PAUL DAVENPORT               started,  that  the  Court  of
            Associated Press             Appeals  declared  the  re-
            PHOENIX (AP) — Jodi Arias’  cord complete, with nearly
            case remains a headache  25,000 pages of transcripts,
            for  Arizona’s  court  system  over  950  exhibits  and  21
            long  after  her  murder  trial  written motions for dismissal
            had spectators lining up for  or mistrial.
            seats, attorneys squabbling  More  than  three  months
            in  court  and  two  differ-  later,  the  court  finally  set
            ent  juries  deadlocking  on  deadlines  in  2018  for  the
            whether  she  deserved  the  defense  and  prosecution
            death penalty.               to file legal briefs. A three-
            Problems  compiling  trial  judge panel then will con-
            transcripts  have  delayed  sider  the  appeal,  perhaps
            Arias’  appeal  of  her  first-  after  hearing  oral  argu-
            degree  murder  conviction  ments.
            by about a year.             Court of Appeals Presiding
            Lawyers use trial transcripts  Judge Samuel Thumma re-
            to  identify  and  document  ferred  questions  to  Court
            grounds  for  appeals.  In  Clerk Amy Wood. She said
            Arias’ case, the state Court  the delays  in Arias’ appel-
            of Appeals had to repeat-    late  case  were  unusual
            edly  prod  some  of  the  tri-  and a concern.
            al’s 22 court reporters to fin-  “Any  time  we  don’t  have
            ish  transcripts,  and  at  one  a  complete  record,  it  is  a
            point  even  ordered  that  concern  to  us  because  it
            dozens  of  transcripts  be  keeps us from continuing to
            destroyed and redone be-     process  the  case,”  Wood
            cause  of  errors  and  omis-  said.
            sions.                       Arias  is  confined  at  the
            The reporter responsible for  Perryville  state  prison  near
            most of the transcripts told  Phoenix  for  killing  of  on-
            the  court  his  production  again,  off-again  boyfriend
            was  hindered  by  a  com-   Travis Alexander in 2008.
            puter malfunction, his own  Lead defense attorney Peg
            cancer treatment and the  Green  didn’t  respond  to
            amount  of  work  involved  emailed  and  telephoned
            in  Arias’  case  and  others.  requests  for  comment  on
            Other reporters cited work-  the status of Arias’ appeal
            load issues.                 and  the  effect  of  the  de-
            It  wasn’t  until  April  24,  lays.
            nearly  two  years  after  the  However,  Green  and  an-
            appeals  process  formally  other  defense  lawyer  -
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