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Lawyer, legal analyst. arthur, i don t know. if you were trying to save your client from the death accident your client told the jury through fox 10 arizona that she wanted to die, what do you do? they ask the judge, let us off this case. they ve done it i think the third time. they ve gone back in judge s chambers and asked to be recused. it s not because they re not getting paid. they re just conflicted. they have a client going on television saying just kill me, death is freedom. and now they re putting his client on the stand who is going to ask them to save her life. you re not allowed to put a client on the stand who you know is lying. so if the client confesses, yeah, did the murder, and then want to testify and say i didn t do the murder, as an attorney the only thing you re allowed to do is put them on the stand and say, talk to the jury. so they ve conflicted and making off as these mistrial motions. ....
Strength as the foundation of our family has been taken from us. and never can be. something that we have all missed and will live the rest of our lives missing. impact statements are very powerful. we expect this penalty phase to last one or two weeks. shep? shepard: thanks. heather hanson is here, a criminal defense attorney,, and judge andrew napolitano footprint back. the liar and murder told fox 10 arizona that she d prefer to be put to death. couldn t she have said to her attorney, don t defend me on this senate on this? i want to fry. absolutely. the lawyers would have had to honor her wishes. the victims have the right to come forward but you wouldn t have heard from jodi. the supreme court requires the state to prove this aggravation phase, the bad things about the events in the ....
Case, outweigh the mitigating factors. any redeeming value she may have. so even if she remains silent and her lawyers remain silent, the government still has to prove this in order for the death penalty to be imposed. if the government fails to provide, then the dealt penalty cannot be imposed even if those aggravating factors are there. shepard: i can t imagine them killing someone who is a good friend and accomplish it artist. they hired a mitigation specialist who tries to weave a story to present to the jury. shepard: which is common. absolutely, and it s probably, as you have already said, part of the reason the attorneys wanted to withtrue, because she is just putting herself in the way of everything they try to do to defend her. if she does not take the witness stand, does not, then that tape of our colleagues at fox 5 in phoenix will not fox 10 excuse me will not be aired for the jury. though the jury is not sequestered and probably know of ....
It, the judge would say, if you haired about this thing don t consider it when you decide the penalty phase of this case. if she takes the stand and begs for her life and they run the tape when cross examining her. you ll see some high drama. shepard: i can imagine them not doing that. if she case, don t kill me. roll the tape. it s a fox 10 arizona morning and it s coming right down your throat. they re going to have to put on some psychiatric experts would say she has this borderline personality disorder. because there s no way she can say that now and lose even more credibility? just can t. shepard: don t see anything going well for her. i wonder if she is realizing. the statement she fade to fox phoenix was not the statement of a lucid person at all. shepard: thank you. as all of that develops we ll take you there. emergency responders report a rash of devastating tornadoes have killed at least six people in texas. man. some folks are still missing.ot. ....