Jodi Arias retrial to begin on September 8

The retrial for the penalty phase of convicted killer Jodi Arias will begin on September 8.

Judge Sherry Stephens has pushed back the Jodi Arias retrial because attorney Juan Martine will be prosecuting in another trial that conflicts with Arias’ trial.

According to the Arizona Republic, Juan Martinez is scheduled to begin the trial on May 12, the oldest capital murder case in Maricopa County, which may also be a death penalty trial.  Maricopa County Superior Court Judge Joseph Welty ruled the trial of Bryan Hulsey, who was accused of killing a police officer in the Phoenix area in 2007 will go first.

Jodi Arias, 33, was convicted of killing her boyfriend at his suburban Phoenix home in 2008. Jodi Arias said she did it in self-defense. She claimed Travis Alexander had a violent outburst while they were shooting a video and she dropped his camera. The jury found her guilty but couldn’t decide whether to sentence her to life in prison or give her the death penalty but the jury couldn’t reach a verdict on her sentence.

In Arizona, capital-murder trials have three parts. First, a jury has to find the person guilty of first-degree murder. Jodi Arias was found guilty on May 8, 2013. Second, jurors decide whether there were any aggravating factors. The jury found that the murder was committed in an especially cruel fashion one week later. The third is sentencing. Under Arizona law, Jodi Arias’ murder conviction stands, but prosecutors can pursue a death sentence in the penalty phase with a new jury. If the second jury fails to reach a verdict, the death penalty would be removed as an option. Judge Sherry Stephens would then sentence Jodi Arias to either life behind bars or be eligible for release after 25 years.

Judge Sherry Stephens denied two motions by Jodi Arias to fire her lead attorney, Kirk Nurmi.

Because of the excessive publicity, Jodi Arias attorneys have already filed motions requesting that the sentencing phase of the trial be moved out of the Phoenix area.