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Impact on case if Jodi Arias takes the stand

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    Legal panel debate murder trial

  • Duration 5:12
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How will she or won't she it could make for a dramatic turn of the so called them the towel case.

-- areas expected to take the stand this week in her murder trial.

Shall try to convince a jury of her third version of events in the death of her ex boyfriend.

-- is now claiming she acted in self defense when she stabbed Travis Alexander 27 times before shooting him in the head.

Could her testimony help or avoid the death penalty.

Least -- is a Fox News legal analyst and Doug burns as a criminal defense attorney and both are former.

Federal prosecutors thank you both for joining us thank at least.

-- getting back in 2008 that she killed him but she went through three different versions of the story is good witness she's going to be a horrible when.

But I think she's got to take the stand if she doesn't take the stand the jury's gonna look at their -- given instruction you can't just take the fact that she didn't take the stance against her.

But you know patty and that they will she doesn't take the stand and try to defend herself they will -- but against.

Then when she takes the stand it she's gonna be almost be in crying and trying to be likely onto my you know those.

-- -- doing all of that the jury's going to be assessing her credibility.

And I would say from the prosecutor -- from the prosecutor I am loving this cross examination that's coming up I'm gonna go through.

Version by version of version what she said.

Live live line now explicit and believe you self defense really -- -- -- -- said.

25 times stabbing him and then -- shooting and I have that self defense I don't think so yeah Doug what about that I mean is the jury going to buy that she needed all of that act to stop this guy from hurting her.

It's very very hard I mean first set up the legal test that if you're presented with deadly force you can respond with comments -- it deadly force.

Is there some argument theoretically.

That you know you needed all that continuation.

Not really.

And I think honestly none and I think she's facing an uphill battle -- back to release was saying minutes conventional wisdom among travelers obviously that when you have a witness.

Who's lied twice.

Tom it's going to be a withering I'll call it cross examination.

There's one exception -- that Lisa -- as saying wanna cooperate or testify as.

For the government and they've lied previously denying the involvement in the country.

Had a reason for him of course -- they say I -- do it and he did with me juries will believe that but not when you have a defendant.

With two exculpatory versions that a false and now self defense and then forty -- now.

-- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- It's just heat she's -- got up this is the prosecution stay on I -- I'm think managers and a witness although after camp Casey Anthony had.

I'm really scared to make -- a prediction right yeah found.

Actually but you know she says she she -- the sky cap she.

Admitted she murdered him then she -- to you -- and as you say within 24 hours she's with another guy and she's supposed to make us believe that he was stalking her because that's her story.

He was stalking her you must she have a car and drives for all those hours to get to him.

And then doesn't -- it just doesn't make any sense at that Doug lease is not convinced we're gonna have a conviction here.

A lot of the articles you read about this case say conviction is a -- on to -- that.

If she testifies it's only because she wants to avoid the death penalty do you think that it's a foregone conclusion to -- well.

Whether the tests are not as open a catch 22 in other words the state -- -- -- -- that and I like OK I have to get up there and then end up as a practical matter making things worse it does bear repetition -- Casey Anthony they went with the wrong theory okay.

They had felony murder.

She administered chloroform to the -- that's a felony then there's a death it's not a -- it's the same level of murder.

They just with the wrong theory swinging for the fences here I think it's a little bit different.

And I think that she has a very very tough road.

In this case.

What they'll make for the defense here at church and it's hard for me that's surprising back now from the prosecutor but I got sponsors and as you know patty and that one point 29%.

Of the people on death row are women.

Only 61.

Out of 303170.

-- on death row -- this country.

So to me what that says as there is some sexism going on what if she comes across as -- -- going likable it's hard to believe.

Then then it may take death penalty off the table just because of these stats about them looking at here and what does she have to do to turn this around.

I mean so one little pathetic and oracle -- -- because I think Greece is breaking this down into two separate categories and I totally agree it.

In our category one can she beat the conviction by taking the stand.

I think leases and apparently saying now and then lease which is -- -- Letterman it could she potentially take the death penalty off the table and I agree with place.

If she comes across.

In some way shape or form as somehow.

People can identify with a loss of control all just fun -- early on song tired of the emotional revenge well.

Then theoretically they may sympathize were there at the death penalty phase.

Well prosecutions that painting her as this fatal attraction right Psycho stalker so.

That's not a sympathetic but do you know how -- -- out -- FISA -- Doug burns thanks as always my pleasure.

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