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The -- areas case -- -- trial declared in the penalty phase for the convicted murderer.
The same jury that found her guilty of killing her one time lover could not reach a unanimous decision.
And whether she should spend her life in prison or be put to death.
A retrial for the penalty phase is scheduled for July July 18 -- it -- entirely new panel of -- worse.
But it may not happen you see prosecutors had the option of taking the death penalty off the table.
Now if they decide to do that the judge would sentence areas to life.
Fred TCU series a former federal prosecutor shows Tom and if he's a former prosecutor and criminal defense attorney guys that didn't see both of you thanks for having.
-- before we go into further steps and into what might happen -- tell me when you first heard that there is a mistrial on the penalty phase what did you immediately.
Deduce from that Fred I'll start with you.
You know I thought I actually thought that the judge pulled the trigger a little too quickly this jury only deliberated for thirteen hours I -- given them and I was sent him home for the Memorial Day weekend.
I already given them another Allen charge on on Tuesday.
And now again at least another day but I wasn't there and see a lot easier for me to second guess from some -- in Philadelphia time would you think when you heard.
-- -- he may have pulled the plug early because he's hitting through this trial from going on five minute exactly help.
It is I mean I am not surprised papers -- X excruciatingly.
You know on to Arizona stick death penalty statute.
The only the only really aggravating circumstances.
Is the the matter in which the murder was committed it is the fact that it was a heinous crime.
You know if you're defending this -- a defense perspective anymore of the things argue is look you know what first degree murder is -- -- what first degree murder isn't cool.
Couple that with the fact that the prosecution has the same high standard they have been improving aggregate aggravation excuse me as they do -- proving guilt.
Proof beyond a reasonable doubt some very high burden meet the defense and showing mitigation and by the way mitigation -- be almost anything our character the fact -- has great prior it.
They convinced things got a little let me just jump in here because -- -- I do wanna talk about instead of course is you know America -- county attorney could drop the death penalty.
In that would mean.
At that point there would be no retrial we don't hear from -- areas ever again which I think a lot of people would be -- about that.
But Fred what do you think is the likelihood of that happening of dropping the death -- the death.
And you know I played it all comes down quite frankly to what the Alexander family wants to do because that you have to -- -- that because.
This new jury will have to hear all the raw sewage can -- a woman's mouth again.
About Travis Alexander.
-- -- Dick Dick Dick they're going to be subjected to that again because they weren't subjected to in this case because the jury there he heard it during the trial.
And I got it I -- to violence Juan Martinez the prosecutor I'd sit down on them and say look.
-- I I understand -- you want but quite frankly as much as.
You really want to punish that woman -- areas you put her to jail cell some fourteen stories -- -- no TV camera.
Could ever find -- ever and that's a bit tough sentence.
It in -- by the way if -- if it does get to every trial what a cool on earth would represent -- areas.
This brother who kept putting he'll quit -- get out there are nine mailing it to seek out.
The publicity idea here is very possible she would should be appointed a lawyer I don't know what our resources are at this point and now I imagine not much.
But I I -- I agree with Fred the sense that what do with the victim's family wants is going to be very persuasive we also have to keep in mind.
There's going to be intense political pressure on the district attorney in this county.
To let this case diets are already taken many many months many many millions of dollars the idea been battling a whole new jury.
I mean and hear all this evidence again because remember that -- did this jury got to consider evidence they heard a trial will have to start almost from scratch on -- -- Your entire prosecution somebody walked in our office and said look the political pressure says drop this case bid to have -- -- -- -- and says like what -- teasing out.
Now -- thank you but no that's OK I found -- -- -- by myself so Fred and -- it's on that building you're saying look we don't want to have another trial in this case it's enough already enough pain and suffering.
For the fans are ready.
-- now deceased dad -- tell onetime boyfriend what -- let you know that you know -- the reminding our viewers here that if in fact there is a second jury.
And that jury is hopelessly deadlocked the judge Ted Stevens.
Would decide whether to get in areas we get life.
Without parole or.
Life would be a little bitter eligibility April in 25 years -- me she'd be somewhere around 57 in her late.
Late fifties so and perhaps it won't come to that.
And now on the series will state police at that point -- -- attract different TV hopefully.
-- OK and we'll find out that I stopped bear great tease him you Tom and they can get good idea you guys they're not gonna get in trouble.
Nice to see both of you had a good day and he ran into the same.
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