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This from freed from Phoenix to criminal defense attorney.
Brian Foster Brian thanks and isn't it true that if she really does want to go ahead and face the death penalty that she could have avoided all of us.
Well I'm not sure what you mean by avoided all of this mean plead out in the first instance I -- to say hey can we are all good murder.
Well she certainly could have -- -- that.
Pled guilty to first degree murder that was going to be the only the only charge that the prosecution would take there was never any plea bargaining anything offered to her.
She offered to plead guilty I believe the second degree murder but this was always a murder one case -- my point is in this phase.
In this aggravating -- couldn't she just say.
It's all right kill me.
How well you know what that would pose pretty much an ethical issue that she certainly could have.
Had her attorneys not put on -- -- -- aggravating face.
And her attorneys would have been obligated to follow her direction if that was what she told them to do.
Well I think that the the whole the whole stand on you know wanting -- you know to be put to death was really just.
Influence or manipulate the jury in some fashion when you look at aggravating and mitigating -- -- items which are spelled out and it appears to most court observers that the aggravating circumstances are there.
I think that this is a clear case where the cruel heinous and depraved nature are just.
Overwhelmingly overwhelmingly present and I think that the jury's gonna come back pretty quickly.
On the aggravating -- it's interesting as long as this trial was taken.
Both the prosecution and the defense.
Completed the whole aggravating phase in less than three hours.
That tells me that both of them believe that this is going to be -- pretty quick decision on the jury's part so the jury will decide either the death penalty still on the table.
-- the death penalty is no longer on the table then what happens next.
Yeah what will happen next is that they'll begin -- and mitigation phase and that'll be a time.
When the defense has the burden of showing any number of reasons why.
They should not put -- areas to death.
And you heard Jodie and her interview she gave she indicated that her defense attorneys -- folder there really weren't any mitigating factors.
The factors are spelled out by statute in their things such as does she have any prior offenses that -- have good character.
Things of that nature.
But when you look at the statutory mitigating factors there really aren't any -- that I think -- gonna really carry the day for her I mean this is a really.
Tough case for the defense.
Defense attorney Brian Foster -- from Phoenix this afternoon thanks again appreciate it.
Thank you shout let's get.
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