Jodi Arias and her attorneys are returning to court on Tuesday in an effort to throw out the jury's finding that made her eligible for the death penalty, the Associated Press reported. Arias was convicted of first-degree murder on May 8 in the stabbing and shooting death of Travis Alexander in Mesa Arizona. About two week ago, the jury that found her guilty of killing Alexander failed to reach a unanimous decision on whether to sentence Arias to life in prison or receive the death penalty.
Prosecutors must now decide whether to put on another penalty phase with a new jury in pursuit of the death penalty, or take it off the table. In the latter scenario, Arias would serve a life's sentence with eligibility of release after 25 years.
Tuesday's oral arguments will focus on determining whether Arias had killed Alexander in an 'especially cruel' manner. If so, that will make her eligible for the death penalty.
Her lawyers have argued that the definition of "especially cruel" is deemed as too vague for jurors with no legal experience in order to determine what is more cruel or heinous that something else. Their June motion appears to "challenge a landmark 2002 U.S. Supreme Court ruling that found a defendant has the right to have a jury, rather than a judge, decide on the existence of an aggravating factor that makes the defendant eligible for capital punishment," the AP reported
A new impartial jury for this phase could take weeks, news reports said, as the lengthy process also could include reading added testimony and evidence to determine Arias's fate.
Arias admitted she killed Alexander in self-defense after he attacked her, but prosecutors said it was premeditated murder, depicting her as a vengeful, jealous and jilted lover.
