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Jodi Arias Court Mysteriously Canceled Today

Aired May 9, 2013 - 19:00   ET


JANE VELEZ-MITCHELL, HOST: I`m Jane Velez-Mitchell, coming to you live from the Maricopa County Courthouse in Phoenix, Arizona. It was in this building, in this courthouse yesterday, that Jodi Arias was found guilty of murder one in the vicious killing. The victim, Travis Alexander.

Today, the prosecutor was supposed to start trying to prove his case for the death penalty. Supposed to start arguing, arguing that this killing was cruel, very cruel, but instead, a total shocker and a mystery, leading us to ask, did Jodi Arias self-destruct?


JODI ARIAS, CONVICTED OF MURDER: I guess it`s really hard. I`m trying to think if I want to say this or not.

You can mark my words on that, no jury will convict me.

If I killed Travis -- if I killed Travis, I would beg for the death penalty.

(singing): ... was brightly shining.

(speaking): Don`t roll the tape yet.

I did a little tilt on my head and gave a little smile.


VELEZ-MITCHELL: The Alexander family.

All right. Today, all the parties showed up here at the courthouse. In fact, I approached the family of Travis Alexander as they walked in through these doors and said, "Do you have any comment?" They seemed happy. They were emotional, but they seemed to have a smile on their face.

And the family of Jodi Arias also walked in. Everybody was assembled on the fifth floor. It was supposed to start at 1 p.m. And then the clock starts ticking. Nothing happens. Twenty-four minutes approximately after court was supposed to start, suddenly Selin Darkalstanian, coming, what happened? What went on?

SELIN DARKALSTANIAN, HLN CORRESPONDENT: Court was supposed to start in about 20 minutes. They came out and told us there was going to be no court today, to come back next Wednesday and the court is canceled. Wouldn`t give a reason. Wouldn`t give us any reason.

So we hung out there for about two hours and waited. Nobody came out. The families were both still in there. The attorneys were in there. The jurors were -- we thought were in there. So nobody came out. And it was really -- there was a lot of confusion. We kept seeing marshals and sheriff`s officers going in and then coming out. Going in, coming out. And it seemed like there was a lot of drama behind -- behind closed doors, but we were not allowed to go in.

VELEZ-MITCHELL: Immediately, we started speculating what it could be. Since the verdict, Jodi Arias has been on suicide protocol because right after the verdict, she gave an interview to a local TV station and talked about how she wanted to die. She wanted to die. Let`s listen. And then we`re going to debate it.


ARIAS: I said years ago I would rather get death than life, and that still is true today. I believe death is freedom, so I would rather have my freedom as soon as I can get it.

UNIDENTIFIED MALE: You prefer getting the death penalty than being in prison for life?



VELEZ-MITCHELL: All right. There she is, literally asking for the death penalty.

So I want to bring in my expert panel. We want to debate it, starting with Stacey Honowitz. Do you think that what happened today might be somehow connected to this outrageous interview that she gave yesterday where she says, "I want to die" -- Stacey.

STACEY HONOWITZ, FLORIDA PROSECUTOR: Well, absolutely, Jane. I mean, you know, when you have somebody that walks out of a first-degree murder conviction and is poised enough to sit down and give an interview, and then she says she wants to die, I`m sure she`s at odds with her attorney. But there could be a myriad of reasons why nothing happened today.

We don`t know if she`s on terms with them. We don`t know if there was a conflict, because she went on, and she stated that against their advice. You don`t know if she`s on suicide watch. And so the feeling that maybe her competency level today is not good.

So there are so many reasons that could go into why it even happened. If mentally, they don`t think she`s there, you can`t sit through an aggravation phase.

VELEZ-MITCHELL: All right. Janet Johnson for the defense.

JANET JOHNSON, ATTORNEY: Yes, I mean, I think that`s a good point, Stacey, but, if that was what was going on, if they thought they wanted to suggest she was incompetent and she couldn`t proceed, they would have told the judge in advance. They wouldn`t have everybody on stand-by. And I think it`s something that blew up right before court.

And I think that the lawyers finally said, "We can`t control you. Are you going to do what we want, or are you going to go rogue again?"

And I think she said, "I`m going to do what I want. I`m running the show." And so either they got out or she fired them.

VELEZ-MITCHELL: OK. Let me say this. The medical examiner, Dr. Kevin Horn, was supposed to testify today. Because he`s the one who`s going to make the case for cruelty: the 29 stab wounds, the throat slit ear-to-ear, the shot to the face. Let`s listen to the medical examiner, Dr. Kevin Horn.


DR. KEVIN HORN, MEDICAL EXAMINER: Depending on the position of the body, you may have significant internal bleeding or, if the person is leaning forward, they may bleed outside of the body. Because there is a track from that vessel outside. That this is a major vessel. It`s not going to bleed as fast as an artery, but it will bleed a considerable amount.


VELEZ-MITCHELL: Now, these three ladies were up on the fifth floor. They are regular trial watchers.

Suzy, you happened to run into Dr. Kevin Horn, the medical examiner, right when all of this chaos and confusion was occurring. What did he tell you? What happened?

UNIDENTIFIED FEMALE: Well, I saw him run into the elevator. We have a mutual friend. I wanted to introduce myself. And I asked if he would be testifying today, and he said, "Well, not today anyway. Just called and something happened in the courtroom."

VELEZ-MITCHELL: Did he seem surprised or shocked?

UNIDENTIFIED FEMALE: Very surprised; very shocked.

VELEZ-MITCHELL: The prosecution, it doesn`t seem like, wasn`t expecting this.

Beth Karas, you have just joined us. You`ve been up there in court. You`ve got some brand-new information. I don`t even know what it is. Tell us: What do you have to answer the mystery of why we didn`t begin the crucial aggravation phase today?

BETH KARAS, CORRESPONDENT, TRUTV`S "IN SESSION": Well, I have some of the story from a reliable source close to the case that today`s reason is sealed. We do not know the reason for today, and tomorrow was always going to be dark.

But Dr. Horn, the key witness for the aggravation phase, is unavailable next Monday and Tuesday. So that`s why it will start Wednesday morning here, 10 a.m. here, 1 p.m. Eastern, because Dr. Horn had a scheduling problem.

So I mean, we don`t know the reason for today. There were some hearings, ex parte hearings today. So...

VELEZ-MITCHELL: That means emergency.

KARAS: Yes. That`s a one-sided hearing. That`s the defense and Jodi Arias with the judge alone. So...

VELEZ-MITCHELL: That`s significant.

KARAS: Right. And so they have them periodically. But, then, jurors -- this is the unsealed part of the chambers hearing -- jurors were brought in one by one, and they were told that there was a scheduling issue. And can they...

VELEZ-MITCHELL: It`s more than a scheduling issue. Because the hearing -- the aggravation phase, the crucial aggravation phase that will help determine whether or not Jodi Arias is put to death was supposed to start today.

Your scheduling issue, you`re talking about the medical examiner who we just heard from Suzy was here, ready to testify. OK. He can`t come back Monday or Tuesday. That`s why we`re starting Wednesday. But it doesn`t explain why we didn`t start today. What`s the big question mark, the big mystery of why this hearing was postponed today? Am I...

KARAS: You`re right. We do not know why court was not held for 3 1/2 hours today. That`s what was set aside, 1 to 4:30 local time. That is sealed. There was never going to be court tomorrow. But maybe, we`re speculating that she was going to have a psychological evaluation based on suicide watch, and it would take a few days. That`s apparently not the case. Dr. Horn is unavailable Monday, Tuesday. That`s why it will start Wednesday.

VELEZ-MITCHELL: Thank you. And that`s brand-new information. We just got it here. I was learning it as you were. And we`ve got some more. New documents just filed.

But first, you can show them the new documents, because we`re going to talk about that in a second.

I want to go to Jean Casarez, who is at the jail. Remember, Jodi Arias had been at the Estrella jail. And after she gave that interview, where she says she wants death, not life in prison, she was put on suicide protocol and transferred.

Jean Casarez, where are you? And what is the status of Jodi Arias right now, as we speak?

JEAN CASAREZ, CORRESPONDENT, TRUTV`S "IN SESSION": Jane, we`re here at the Lower Buckeye Jail, and Jodi Arias is inside this facility. She is in the psych ward. And we were able to confirm that with Sergeant Brandon Jones of the Maricopa County Sheriff`s Department.

I was able to confirm that it was the sheriff himself, Joe Arpaio, that made the determination after the interview that she conducted last night, saying she would rather die than live. He believed that, in fact, there could be a serious situation; she could be a danger to herself, that there was a possibility she would take her own life. So for her own safety, she was put in suicide watch, suicide facilitation.

She was moved here late last night after her family left the Estrella jail. Why? Because in Maricopa County, this is the only facility that has that psych ward.

She`s being constantly monitored by a team of doctors and nurses, I am told. They are evaluating her. They are interviewing her. They are having discussions with her.

There is no minimum or maximum amount of time that she is in the facility. I was also told by Sergeant Brandon Jones that -- that even if she was given medication, that is something that being given, we cannot know that. That is private.

But what they normally do and he believes was done in this circumstance, all of her personal belongings were taken from the Estrella jail to here. Sometimes they are secured so an inmate cannot have those personal belongings, but they believe in her situation she does have them.

It`s a cell much like she had in Estrella. She can go out for exercise. But it`s that constant monitoring for her own safety.

VELEZ-MITCHELL: Let`s listen -- Thank you so much, Jean Casarez. Excellent information. Let`s listen to more of that very controversial interview that Jodi Arias gave to KSAZ right after being convicted of murder in the first degree for the vicious killing of Travis Alexander. Listen.


ARIAS: I hope that, now that a verdict has been rendered, everyone can find peace, some sense of peace. I don`t think they will ever find the peace that they would like, but maybe they will -- maybe they will be able to have some greater peace now. And be able to move on with their lives and remember their brother the way they want to.


VELEZ-MITCHELL: And we`ve got more breaking news for you. Beth Karas, you just obtained this document. And hold it up for us. That has just been filed from the law offices of Kirk Nurmi, who is the attorney for Jodi Arias.

So it says, "Defendant`s request that victim impact evidence be admitted via videotape"? Oh, my gosh. Well, I don`t want to explain it yet. Let`s take a brief break. Because that is extraordinarily significant. It`s going to, I believe, enrage the family of Travis Alexander.

We`re going to take a short break. We`re going to be back with more breaking news on the other side.


UNIDENTIFIED FEMALE: There`s never a dull moment in this trial; there never has been. And I think with Jodi on suicide watch -- and she`s pulled stunts like this before with her migraines -- I think she`s pulling something.

UNIDENTIFIED FEMALE: I think she`s scared. That this is a really difficult day more than any other day in this trial. And I think, yes, it`s another one of her stunts.




KIRK NURMI, JODI ARIAS`S DEFENSE ATTORNEY: It`s not about whether or not you like Jodi Arias. Nine days out of ten, I don`t like Jodi Arias. But, that doesn`t matter. Your liking her or not liking her does not objectively assess the evidence. It`s about the evidence. What happened?


VELEZ-MITCHELL: All right. Breaking news. Beth Karas has just obtained this motion filed by the defense. Tell us what it is in people terms. Because when you told me, I said, "Oh, this is really going to upset the family of Travis."

KARAS: Right. This is the defense`s effort to have the victim impact statements, which are delivered at the beginning of the penalty phase, assuming we get to that, but the phase where the jury decides life or death. Victim impact next of kin speaks first before the defense evidence. Have it presented on videotape to prevent any emotional outbursts, any undue prejudice to the jury.

And these, of course, will be very emotional, because the purpose of victim impact is to talk about the impact on the lives of the family by having their loved one gone so early. What life is like without Travis Alexander, what kind of person he was. So of course, they`re going to be emotional. So to lessen the effect of that emotion, the defense would like those to be presented on videotape.

VELEZ-MITCHELL: Oh, my gosh. Well, we have seen Travis Alexander`s family -- Steve and Tanisha, Samantha -- in court every day. They have been absolutely unwavering.

And now the defense is telling them, after they get the conviction that they sought that, oh, they have to present their victim`s impact statements on videotape after Jodi Arias spent 18 days on the stand? Are you kidding me?

Let`s debate it, starting with Stacey Honowitz. Have you ever heard of anything like this?

HONOWITZ: Of course I have. I was in the court system 25 years and you hear of everything. And just because they filed the motion, Jane, doesn`t mean it`s going to be granted.

Beth is 100 percent right. I mean, they want to really limit the impact of the family, the emotion. They have no right to do that, quite frankly. The family has every right to be there, to tell the judge, to talk to the jury, let them know exactly what their life is now like with the loss of this individual. And they have every right to be there in person, not to have it done by videotape.

So it will be a very interesting hearing. And although the motion has been filed, it does not mean that the motion will be granted.

JOHNSON: It also doesn`t mean it was their motion.

VELEZ-MITCHELL: Janet Johnson, for the defense.

JOHNSON: It also doesn`t mean it was Kirk Nurmi`s motion. Again, I think that Jodi is back there saying, "I didn`t like it when they had that outburst. It was very upsetting to me. I want to prevent that." And she`s telling them to do it. And they`re doing it to dot their "I`s" and cross their "T`s." They know it`s going to be denied, so there`s no harm or foul to trying to do it. The judge isn`t going to grant it.

And quite frankly, the outburst, as far as outbursts that I see in a courtroom, it wasn`t really that bad an outburst, quite frankly, and it wasn`t that inappropriate.

So as a defense attorney, I have to say, I think he`s just putting it out there. He knows it`s going to be denied, but he wants to placate her. So he`s going to file what he has to.

VELEZ-MITCHELL: You know what? He`s got bigger problems tonight. The biggest problem he has is the interview that his client gave to a local TV station, KSAZ, right after the guilty verdict. Let`s listen to more of it, and we`re going to debate the impact it`s going to have on this case.


ARIAS: The worst outcome for me would be, actually, life. I would rather die sooner than later. Longevity runs in my family. And I don`t want to spend the rest of my natural life in one place. You know, I`m pretty healthy, don`t smoke, and I would probably live a long time. So it`s not something I`m looking forward to.


VELEZ-MITCHELL: All right. I`m here with the regular trial watchers also. These ladies were upstairs when this whole hullabaloo and this mystery over why court was abruptly canceled today happened. What do you make of the Jodi Arias post-verdict interview?

UNIDENTIFIED FEMALE: I believe that she was continuing to play to the family and their emotions, and she was -- it was just self-serving on her part.

VELEZ-MITCHELL: What do you think?

UNIDENTIFIED FEMALE: I agree. And she also sounded like she laid the foreground for a reason for appeal. And I feel like she continued to victimize the family by making her little statement.

VELEZ-MITCHELL: Well, very interesting. And I want to go back to our legal panel.

Stacey Honowitz, yes, she kind of threw everybody under the bus. She threw her own legal team under the bus, some are interpreting. Everything she said in a random 45-minute interview.

Now, again, we know why we`re coming back Wednesday, because there`s a scheduling problem for next week. We still don`t understand the mystery of what was behind the emergency hearing today. Everybody was there ready to go. And all of a sudden, court abruptly canceled.

Could it be that the defense attorneys and Jodi Arias had argued about this interview? Because I think there were reports -- did you hear reports, Beth? I`d heard reports, but I haven`t been able to independently confirm them, there was an argument after the verdict and that many speculated that the defense attorneys were arguing with Jodi Arias: "Don`t do this interview. Don`t do this interview."

And the PIO for the Maricopa County Sheriff`s Department said she proactively set this interview up.

KARAS: Well, I have heard these things, but I have not reported them or been able to confirm them. So I really don`t know what the situation is with her attorneys. But this was a prearranged interview. That is true.

VELEZ-MITCHELL: Yes. And I do think that there has to be some fallout for that. Because the defense job is to present a defense to try to save her life. She`s saying right after the verdict, "Don`t save my life. I want to die. Kill me, please."

How are they going to present an effective defense of their client when their client is saying, "Don`t defend me. I want to die"? They`re in a very bad place. They`re between a rock and a hard place.

On the other side of the break, we`re going to debate what it is the defense should do and also try to figure out the mystery of this abrupt cancellation. Stay right there.


UNIDENTIFIED FEMALE: If Jodi is sentenced to death and she`s on Death Row, her time outside of her cell will be extremely limited. She can go outside for exercise three times a week, two hours each time, and she can have a shower three times a week.

UNIDENTIFIED MALE: Jodi can have visitation rights when she`s there. It`s closely monitored. She can have up to maybe two to three hours over a weekend. But that would be the limitation of her visitation.




JUAN MARTINEZ, PROSECUTOR: Ma`am, were you crying when you were shooting him?

ARIAS: I don`t remember.

MARTINEZ: Were you crying when you were stabbing him?

ARIAS: I don`t remember.

MARTINEZ: How about when you cut his throat, were you trying then?

ARIAS: I don`t know.

MARTINEZ: So take a look, then. You`re the one that did this, right?


MARTINEZ: And you`re the same individual that lied about all this, right?


MARTINEZ: So then take a look at it.


VELEZ-MITCHELL: Prosecutor Juan Martinez has become a hero in these parts and indeed across the nation after winning the conviction against Jodi Arias for murder one in the brutal killing of Travis Alexander.

Prosecutor Juan is the angel and the hero of my two very special guests. We`re talking about Sandy and Rudy Padilla. Thank you for joining us.

Mrs. Padilla, your son was brutally murdered. And take a look. Here`s a photograph of your handsome, handsome son. He was 20 years old. Prosecutor Juan Martinez prosecuted the killer. It was a murder one case, and he won a conviction. The killer of your son is now on Death Row.

If you could talk to us about your feelings for prosecutor Juan Martinez at this crucial juncture, where he has to really argue a case again against Jodi Arias if he is to get what he wants, which is a death penalty.

SANDY PADILLA, MOTHER OF MURDER VICTIM: I definitely feel that she deserves it. For everything that she`s done to the Alexander family and for what she did to Travis, she definitely needs the death penalty.

VELEZ-MITCHELL: Let me ask you about prosecutor Juan Martinez and your case. You were able to give victim`s impact statements. And you were telling me during the break that, in your case, the defense also wanted to try to prevent you from talking in person and wanted to try to put you on videotape, but they didn`t win. You were able to speak in court, correct?

S. PADILLA: Yes, we were -- we were lucky that we were able to be our son`s face, his voice and be heard in front of the jurors.

VELEZ-MITCHELL: What would you like to say about prosecutor Juan Martinez? I know you called him your angel.

S. PADILLA: I just -- every day we thank him. And because of this trial, this is why we wanted to see. Because during our trial, we did not remember anything. Everything was just a big blank. We just went through the motions, and at the end, when we heard those words, "guilty," all we could do is just look at Mr. Martinez and just say, "Thank you. Thank you for, you know, giving us justice for our son."

VELEZ-MITCHELL: Given that this whole process has been delayed yet again, what feelings, can you describe what the Alexander family is going through?

RUDY PADILLA, FATHER OF MURDER VICTIM: I`m sure they would want to get it over with. As far as waiting on the death penalty, I`m sure it`s coming.

VELEZ-MITCHELL: Why does this bring up old emotions for you?

S. PADILLA: Because he was our only child, and to sit there every day and hear how they were trying to get this man off and trying to just find every excuse that he did not deserve the death penalty. As my husband said, he executed our son, so why does he get to live?

Right now, he still gets to visit. His family gets to visit with him. He gets up every morning and sees the sunlight. We don`t. We don`t get to see -- you know, get to hear those words, "Mom, Dad." We stay childless.

He took everything from us, and the one thing Mr. Martinez gave us was justice. He gave us justice for our son`s senseless murder.

VELEZ-MITCHELL: I am so sorry. I am so very sorry. I would like us to focus on the photos of your handsome son, viciously murdered at the age of 20. Take a look at that handsome young man. And my heart is with you. My heart is with you. I`m so sorry. I`m so sorry.

We`ll be right back.




The gun went off.

I didn`t mean to shoot.

JUAN MARTINEZ, PROSECUTOR: She put that knife in really good in his chest, she slit his throat and she shot him in the face. Yes, she did do that.

ARIAS: Seriously, you make me feel like a goddess.

KIRK NURMI, DEFENSE ATTORNEY: Did you kill Travis Alexander on June 4th, 2008?

ARIAS: Yes, I did.

UNIDENTIFIED FEMALE: We the jury, find the defendant as to count one, first-degree murder, guilty.


JANE VELEZ-MITCHELL, HLN HOST: An absolutely astounding day in court. No court -- this is the day after Jodi Arias was convicted of murder one, the aggravation phase was supposed to start today. And then something mysteriously got it canceled. We have been trying to figure out what it is. We don`t know.

There was some kind of an emergency hearing in the judge`s chambers. Beth Karas, I understand the emergency hearing was on the defense side. The prosecution, like the medical examiner said a lady asked him and he seemed surprised by all this. It was like something -- whatever happened, whatever the big question mark, it was on the defense side.

BETH KARAS, HLN LEGAL CORRESPONDENT: Correct. With Jodi Arias, correct; and without the prosecution. So, I mean that`s all I can tell you. That`s what people saw.

VELEZ-MITCHELL: Right. So I want to bring in Jansen Clifford (ph), a dear friend of Travis Alexander. We just spoke to another crime victim family. What do you think the Alexander family is going through tonight, 57 days of testimony, grueling closing arguments, a verdict watch. They finally got a little closure. They were looking forward to the next phase. And now we have nothing until next Wednesday.

JANSEN CLIFFORD, FRIEND OF TRAVIS ALEXANDER: The only thing I think they are going through right now is just a lot of frustration with the whole process; a lot of relief definitely, but just frustration from today. I think they are ready to put this behind them.

VELEZ-MITCHELL: Now, of course, I heard friends of Travis Alexander with whom I spoke and they were saying that they feel wonderful about this verdict because the defense tried to drag this victim through the mud. They feel killed him twice because first they -- Jodi Arias killed him and then the defense tried to kill his reputation by accusing him of pedophilia. Do you feel that this verdict wipes the slate clean in terms of Travis Alexander`s image and reputation?

CLIFFORD: I hope so. I honestly want Travis to be known as the amazing, kind, generous, loving, caring man that he was. When they had these ridiculous allegations of pedophilia and abuse, nothing could be further from the truth. And it breaks my heart to hear that they would stoop so low in order to say those kind of things about him.

VELEZ-MITCHELL: Now, there was more controversy after the verdict. It seems like there`s craziness at every turn in this case. A couple of minutes, I don`t know exactly how long but it was right -- how many minutes after the verdict did she talk?

KARAS: My understanding is 20 minutes.

VELEZ-MITCHELL: 20 minutes after the verdict. Jodi Arias gives an interview to a local TV station where she says "I don`t want to live, kill me." And some other controversial things. Listen to this from KSAZ.


ARIAS: If we would have been able to avoid trial, we could have avoided the murkier aspects of his life that he kept hidden. And these aren`t just things that came from my mouth. They`re his own words, his own e-mails, his own text messages. The activities that he was up to, the photographs that showed that as well -- none of that ever would have come to light, it would have just been forgotten and he would have be memorialized as not perfect by any means, but somebody who was known to adhere to his morals and the principals that he espoused.

But now the curtain has been drawn and you can see the hypocrisy and everything that was there. And I regret that because I know that even though he was living the life of a hypocrite, that`s not how he wanted to be perceived. And I think inside he really didn`t want to live that kind of life.


VELEZ-MITCHELL: Susan Constantine, is this the most self-destructive defendant you have heard? The idea of not only not showing remorse but literally taking another jab at the man she stabbed 29 times, whose throat she slit, who she shot in the face -- taking another jab at Travis Alexander right when she`s on the eve of having to try to argue to save her life along with saying I don`t want to save my life.

SUSAN CONSTANTINE, JURY CONSULTANT: You know, the first thing that comes to my mind is, first of all, theatrical. Second of all is self- serving. The third thing is deceptive. This is all about Jodi Arias -- I, I, I.

You know, here is the thing. If she really felt that way, it would move each one of us to feel the emotion of defeat, loss, sadness. And I want to ask you, Jane, did she move you to feel that way? Because if she didn`t move you to feel that way or any of us, it wasn`t authentic -- it was all a lie, a theatrical play on sympathy for herself.

VELEZ-MITCHELL: Listen, I have tried to keep myself out of this but since you asked, I think she is completely disconnected from reality. I think she is living her life as if it is a movie and that`s why she is capable of heinous acts.

And I think that the defense is in a very tricky situation right now and essentially, they are in the position of arguing to save the life of a woman who doesn`t want her life saved. And I think, the only thing that they can really do right now is say she`s mentally ill. She`s mentally ill.

And so, I want to debate that with our expert panel starting with -- I`ll start with the defense attorney, Janet Johnson. Should the defense come in? Maybe that`s what they were doing in this closed-door emergency hearing to say "Look, we can`t control her. She`s giving TV interviews. She`s on suicide watch. She`s out of her mind. We want her to be evaluated in a last ditch effort to save her life." Janet.

JANET JOHNSON, CRIMINAL DEFENSE ATTORNEY: Yes, I mean if nothing else I think -- yes, they want to separate themselves from what she did last night unless they knew she was going to do it. And we don`t know for sure. But if they didn`t know she was going to do it or if they tried to stop her and she did it anyway I would go into chambers just like they did today and I would say "Judge, we told her not to do it, she did it anyway. We need you to inquire that she understands that she`s walking herself to the death chamber and we don`t want to be involved in that."

VELEZ-MITCHELL: Stacey Honowitz.

STACEY HONOWITZ, FLORIDA PROSECUTOR: Yes, well they absolutely can. I mean those defense lawyers who are on this case they are between a rock and a hard place. They are going against -- the advice that they are giving her, she does not want to take. She`s doing everything on her own.

And some lawyers might say boy, maybe they should try to withdraw off this case because she`s not listening to anything they have to say. I think the only thing they can do is try to figure out why she`s not listening. If there`s some mental instability but they have to bring it to the court`s attention.

I think she might not have come out of her cell. I mean there could be a myriad of reasons. She might not have wanted to meet with them today to talk to her. So defense attorneys are really in a precarious position. They had to bring it to the court`s attention and that`s why it got reset, I`m sure.

VELEZ-MITCHELL: All right. Let me tell you, we are going to take a short break. But first Beth, you have brought something up and we are going to tease it and we`ll show it on the other side. Briefly explain and then we`ll open it up.

KARAS: Well, I took a tour downstairs in the jail where inmates are - - where they`re held before and after court waiting to go back to the jail. And this is the morning sack, the food they get when they arrive between 5:00 and 7:00 in the morning. So there`s peanut butter and bread and juice and a cookie and a couple of oranges. They get a smaller version of this at lunch.

VELEZ-MITCHELL: Wow. You know, they get 2,600 calories a day. That`s mandated. And I have to tell you, that`s a lot of peanut butter. I`d be -- she`s thin -- I`d be gaining weight if I ate all that for one meal.

On the other side of the break, let`s try to diagnose Jodi Arias. Stay right there.


VINNIE POLITAN, HLN HOST: There are more than 3,000 people on death row in the United States today but only 64 of them are women. These are the women on death row waiting for that day where they have to make that walk to the death chamber. Why are they here? Well, 15 of them like this woman are on death row for killing their husband or lover. Another 25 for killing their own children like this woman from Idaho. 64 women -- so it`s difficult but it can be done.

In the state of Arizona, there are only three. The first one, Shawna Forde killed a father and his 9-year-old daughter. This woman, Debra Jean Milke killed her own four-year-old son. This one, Wendi Andriano killed her husband, stabbed him and bludgeoned him to death. The prosecutor in that case -- Juan Martinez.

So now the question is, is Jodi Arias number 65?




VELEZ-MITCHELL: As the Jodi Arias trial reaches a dramatic conclusion, we are gearing up for another unbelievable murder trial. This woman Karen Kelly is accused of murdering her boyfriend at their Florida home. Like Jodi, prosecutors say Karen has given several different explanations for the shooting, even claiming her lover shot himself.

KAREN KELLY, ACCUSED OF KILLING BOYFRIEND: He took the gun and shot himself.

VELEZ-MITCHELL: Will she blame the victim like Jodi blames Travis Alexander? We`ll be all over it. You don`t want to miss it.



VELEZ-MITCHELL: Ever since Jodi Arias, 20 minutes after being convicted of murder one gave an interview to a local phoenix station where she said she doesn`t want to live, she wants the death penalty, she was put on suicide protocol. That means she was transferred from the jail where she was at, the Australia (ph) to another jail and a psych ward within that jail is my understanding.

Let`s go to Jean Casarez, she is there at that new jail facility where Jodi is. What can you tell us, Jean?

JEAN CASAREZ, CORRESPONDENT, "IN SESSION": Well, this is the Lower Buckeye Jail. It`s the only facility in Maricopa County that has a psych ward and that is where Jodi Arias is tonight behind these walls.

And what we are learning is that a team of doctors are monitoring her constantly along with nurses. They are evaluating her, interviewing her and having discussions with him. It was the sheriff himself, Joe Arpaio, that made the decision that she would be committed to the psych ward because he believed she could be a danger to herself and there was a realistic view that she would attempt suicide.

Now what we`re also told is that she is allowed to have visitors. Her immediate family can come to visit her. There is always an opportunity for her lawyers to come, but no one else. There is not a minimum or maximum time here. The decision is made by the medical professionals when they believe it is safe for Jodi Arias to not be a danger to herself and go back to the Australia jail.

VELEZ-MITCHELL: Listen. Given this interview where she says "Kill me, I don`t want to live," a lot of people are wondering could this emergency hearing be about some kind of breakdown?

Beth Karas, so let`s say they decide. Let`s say her lawyers come in and say you know what judge, we can`t do this hearing because she`s had a total psychotic break from reality given that she`s just been convicted of murder one, what happens then?

KARAS: Well, then they would do an evaluation. If she`s found incompetent for the time being, the proceedings would stop until she`s competent. But I really don`t know that that`s the issue but you know, we are talking hypotheticals here. So I guess -- I mean I guess hypothetically it`s possible. They just stop the proceedings until she`s competent. If it`s not going to be a long time, then everybody will just be in a holding pattern and the jury will come back when they can.

VELEZ-MITCHELL: Yes. And this is all speculation. We don`t know why. It`s a big mystery, a big question mark, why this hearing was abruptly canceled today. This crucial, crucial next phase of the trial, the aggravation phase where prosecutor Martinez was going to prove cruelty to try to set it up for the death penalty.

Now I want to go to Stacey Honowitz, very quickly, do you think that`s a possibility that she had some kind of break? Yes or no?

HONOWITZ: Yes, absolutely. Anything could have happened, Jane. The only thing that I`m saying is the evaluation; I don`t think they would have set it for next Wednesday already if they were getting ready to do an evaluation. So I`m not so sure but anything is possible.

VELEZ-MITCHELL: All right. Stay right there. We have more possibilities trying to figure out this mystery on the other side.


UNIDENTIFIED FEMALE: State of Arizona versus Jodi Ann Arias verdict count one. We, the jury duly impaneled and sworn in the above entitled action upon our oath do find the defendant as to count one first-degree murder, guilty. Five jurors find premeditated, zero find felony murder. Seven find both premeditated and felony. Signed, foreperson.



VELEZ-MITCHELL: Time for Pet of the Day. Go to and send us your pet pics. Today we are devoting our pet of the day to victim Travis Alexander, who had his own dog Napoleon who`s being cared for by his ex-girlfriend, Deanna Reid, who was in court today. And we`re going to talk about Travis`s love for animals tomorrow on our show.



MARTINEZ: This particular case, there are two types of premeditation, the one where she thought about it since May -- the end of May 2008, where she made the preparations, and the other premeditation, when she was at the house.

He was killed three different ways: the stab wound to the heart would have killed him. The -- obviously, the slitting of the throat would have killed him. And the shot to the face would have killed him. That, all of it did not happen in one instant -- it took a period of time, time needed for reflection is not necessarily prolonged.


VELEZ-MITCHELL: Jane Velez-Mitchell outside the Maricopa County courthouse, where Jodi Arias was put on trial where she was convicted of murder one just yesterday. It was supposed to be a time now where we would go into the aggravation phase. Prosecutor Juan Martinez was supposed to be arguing as we speak, that this was a cruel killing worthy of the death penalty.

Instead, we are once again talking about Jodi Arias, what did she do to stop the clock? Can we predict? Stacey Honowitz, you`ve done so many trials. Prediction -- what did she do? I know you`re speculating.

HONOWITZ: I think she probably is at odds with the lawyers. They already probably had a disagreement about last night`s interview. And then for some reason today, either she didn`t want to talk to them or like you said, there might be a mental break. Now remember, your viewers have to know there is a difference between mental and she is claiming insanity versus competency at this point to proceed.

It`s a competency issue they have to be make sure that she is able to aid her lawyers in this part of the procedure. That`s what they might be waiting on. They want her to be evaluated based on the way she has been acting.

VELEZ-MITCHELL: I think the only chance they have of saving her life is to argue that she has something else. And that something else could be dissociative personality disorder. I mean we have already eliminated certainly battered women`s syndrome and PTSD. The defense argued against borderline personality disorder, which is what the prosecutor said she had. I am going to go with dissociative personality disorder.

More on the other side.


VELEZ-MITCHELL: So many mysteries, why was court abruptly cancelled today? Will she get life or death? We know one thing -- she`s not walking out of this door, ever.