decision to retry will be the family of victim travis alexander. they openly went in court after hearing the jury was deadlocked. if they decide they ve had enough of the courtroom, prosecutors may settle for a life sentence for jodi arias. i m with a lot of people out there, i believe that the only appropriate sentence for jodi is the death penalty. but at this point in the game, i so much would have rather had the jury come back with a life sentence than no sentence at all. wolf, one of the jurors as she was walking out of the courtroom, said sorry, to the alexander family. we expected a decision will be made on whether or not to retry the penalty phase within the next few weeks before an upcoming status hearing scheduled for june 20th. wolf? ted, thank you. we re joined now by a leading trial attorney thomas messero, representing michael jackson back in 2005. tom, thanks very much for coming in. obviously a very emotional
no, it s not. most states require that the jury make a decision. now, there are a couple of states, like alabama, where a jury may come back and cannot agree on death, and a judge will overrule them. those are rare states. usually the jury decides. looking ahead to july, let s say there is another trial, another jury. they can t reach a unanimous decision, all 12 members have to agree, life in prison or the death sentence. if they don t, then we simply go back to life in prison, the death sentence is removed, right? no, if they can t agree, it then goes back to the judge, and the judge, as i understand it, i don t practice in arizona, but the judge will decide whether she gets life with the possibility of parole, after 25 years, or life without the possibility of parole. that s the judge s prerogative at that point. at that point it would be up to the judge, if all 12 members can t agree one way or the other. tom messero, thank you so much