I can no longer resist the urge to write about this Casey-Anthony look alike murder trial in the case against Jodi Arias. Earlier this week, Juror #5 was dismissed and escorted out of the courthouse in tears. This, after the defense made a motion to dismiss the miscreant juror for alleged misconduct and a motion for mistrial. The former was granted and the latter denied.

There were a total of 18 jurors hearing the trial, including alternates. Ultimately, a panel of 12 will make the decision. Arias could face the death penalty if convicted. She is accused of killing her ex-boyfriend back in 2008 and claims she did so in self-defense.

Why Was Juror #5 Dismissed?

Juror #5 has been described as being a particularly attentive juror who took copious notes throughout the trial. So what did this errant Arias juror do? She made statements that showed bias, or her inability to be impartial, in the presence of other jurors. The records are sealed, so we are left to fill in the blanks as to what was actually said. (At least until the gag order is lifted and Juror #5 releases her “exclusive” interview with every news station that will take her.) Anyway, Judges are not quick to dismiss jurors, especially those who have already spent three months serving on a long cause trial. In other words, Juror #5’s statements must have been pretty egregious to have led to such a ruling.

Prosecutor’s Publicity Parade

What troubles me is the manner in which this misconduct was revealed to the defense. Counsel for Arias was questioning the Prosecutor, Mr. Juan Martinez, about his signing autographs and posing for pictures outside the courthouse. It was during that publicity melee that prosecutor Martinez overheard Juror #5 make the statements indicating her bias, he told defense counsel. The defense also made a motion to dismiss based on prosecutorial misconduct. The motion was denied but as a result, jurors were called into court one by one to be questioned about what they had seen of Martinez’s tryst with the press.

Not only do her actions form the basis for her own dismissal, but what Juror #5 pulled will also be scrumptious grounds for an appeal on the grounds that other jurors, who were present at the time of the statements, were likewise biased and unable to render an impartial verdict. That, coupled with the prosecutor’s participation in the whole charade, would certainly give me pause before accepting the validity of this jury’s verdict.

A breakdown of the evidence in the Jodi Arias trial coming soon!

The Italian Supreme Court reversed the acquittal of Amanda Knox, previously convicted in the 2007 killing of her then-roommate, Meredith Kercher, with the help of her boyfriend Raffaele Sollecito. She was found guilty in 2009 and the Court of Appeals reversed that conviction in 2011 on grounds of insufficient evidenceand lack of motive. Meanwhile, Knox spent a long and lonely four years in Italian prison. Since her successful appeal, she has moved back to Seattle and attempted to reestablish a “normal” life as a student at the University of Washington.

So, what about that little thing we call Double Jeopardy?

First of all, Italy’s Constitution does not protect against double jeopardy and allows for the prosecution to appeal the loss of a criminal case. In the United States, the Fifth Amendment to the Constitution includes the text “nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb.” And Amanda is an American citizen. She was studying abroad at the time of the alleged offense, likely on a student visa, and is protected by the laws of the United States regardless.

Will Amanda Knox be extradited to Italy for Retrial?

Some experts on the subject disagree, but I am going to vote NO on the topic. Why? Because the United States has an Extradition Treaty with Italy dating back to the 1980’s, wherein Article 6 provides the grounds for denial of extradition: “Extradition shall be denied when the person sought has been in jeopardy in the requested State for the same offense.” Seems pretty cut and dry to me! The Italian court can also hold the trial in absentia and if they convict, can ask the U.S. government to order her extradition.

Amanda was not present in the Italian Supreme Court when it rendered its decision today and is unlikely to be taking any voluntary trips to Italy any time soon.

Did I mention someone else has ALREADY BEEN CONVICTED for the killing of Meredith Kercher?

There’s a little nugget that seems to get cut from most major news broadcasts on the subject is that Rudy Guede was convicted of murdering Meredith Kercher. After being confronted with “overwhelming DNA evidence” against him, Guede admitted being present at the house near the time of Kercher’s murder, but claimed he had gone in another room for a few minutes and came out to find Kercher bleeding to death. According to the website injusticeinperugia.org, the evidence against Guede included the following:

• Guede admitted he was in the room.
• Guede’s DNA was found all over the crime scene. 
• Guede’s DNA was found in and on Meredith’s body. Guede’s DNA along with Meredith’s blood, was found on Meredith’s purse. 
• Guede’s excrement was found in the toilet. 
• Guede’s shoe prints, set in Meredith’s blood, were found in the bedroom and hallway. 
• Guede’s handprints, in Meredith’s blood, were found on a pillowcase in Meredith’s room and on her wall. 
• Guede had a cut on his right hand that was still visible when he was arrested. 
• Guede fled the country. 

Stay tuned for more developments on the Amanda Knox Saga Italiana!

Another police officer was killed (and one more wounded) as authorities close in on Christopher Dorner near Big Bear, California. The picture above shows the house where Dorner is holed up, black clouds of smoke billowing out, where a gun battle is apparently still going down.

Holy Sh!t!!!

Everyone was saying that Dorner had surely left the Big Bear area and likely fled to Mexico, but it turns out, he has hardly moved over the past few days. He had taken two women hostage and tied them up in order to steal their car near Big Bear Lake, but the ladies were allegedly unharmed. Then when police showed up, gunfire erupted and two police were shot; one deputy was pronounced dead just moments ago while another one is in critical condition.

The death toll is up to at least 4 now, along with several others severely wounded, all a result of the Christopher Dorner saga. Dorner, former LAPD and former military, is currently cornered in a burning cabin in the woods, while SWAT teams surround the area, apparently getting ready to take him down. ABC 7 just confirmed that the house is “fully engulfed in flames.”

What we don’t know – is anyone else in the house?

I’ve been glued to the TV for the past half an hour or so and one thing I have not seen is a fire truck! (We don’t need no water let the mother*$#@r burn?!) The News is reporting that fire fighters will not respond to the situation until it is deemed “safe.” Pffft! Wish I was wrong, but my prediction from my previous entry seems all the more likely at this point – Christopher Dorner will not come out of this alive. Gunshots continue to be fired and the situation intensifies. Stay tuned for updates on the Deadly Dorner Drama!

The manhunt continues in Southern California as authorities offer a whopping one million dollars to anyone whose information leads to the capture of former LAPD officer and accused killer, Christopher Dorner. For the last several days, the story has plagued our news broadcasts, from Riverside to Big Bear, and now police say there is evidence that Dorner left California and fled to Mexico in order to evade capture.

In case you missed it, Christopher Dorner is accused of murdering two civilians before ambushing a police patrol car stopped at a traffic light and killing one police officer. Dorner, a 33-year-old brick house of a man, has been on the lamb since last Thursday. According to his extensive manifesto (published online), Dorner was targeting members of LAPD and their families who were involved in his being fired from the force back in 2009. In the first paragraph of his tyrade, Dorner tells friends and family “Unfortunately, this is a necessary evil that I do not enjoy but must partake and complete for substantial change to occur within the LAPD and reclaim my name.”

So…Why Was Christopher Dorner Fired From LAPD? The short version: he lied about one of his training officers having kicked a mentally ill man during an arrest.

The Background

Christopher Dorner and his training officer Teresa Evans responded to a call out for a disturbance at a San Pedro hotel. When they arrived, the subject was uncooperative and after throwing a punch at them, Evans used her electric Taser to subdue the man. Two weeks after the fact, Dorner went to his supervisor (allegedly in tears) to report that Evans had kicked the man in the face, shoulder and ribs. Evans, according to Dorner, had instructed him to leave it out of their initial report.

The "Investigation"

An internal review ensued and later determined that Dorner’s report was a lie and charging him with having made false accusations. There were numerous witnesses who testified that there was no kicking involved in the arrest; further, there was no evidence of the kicks on his clothing and the man’s injuries were apparently inconsistent with having been kicked. As for the defense, the victim’s father testified that his son had told him he’d been kicked, but the Board found that due to the victim’s mental illness, he was not capable of giving a reliable account of what happened.

The Findings

The initial internal affairs investigation officially found that the kicks did not occur. In 2010, in one of Dorner’s appeals, Judge David P. Yaffe reviewed the case and said he was “uncertain whether the training officer kicked the suspect or not” but nonetheless upheld the Board’s decision to terminate Dorner’s employment. Now the case has been reopened, police citing their desire to show the public that Dorner’s termination was justified. Police Chief Charlie Beck told reporters “It is important to me that we have a department that is seen as valuing fairness.”

The Charges

Today, Christopher Dorner was officially charged with one count of first-degree murder and three counts of attempted murder in Riverside County, California. Prosecutors have also alleged “special circumstances,” since the killing was of a police officer, meaning that Dorner now faces the possibility of a death sentence if caught.

My 2 Cents

No way Christopher Dorner is going to be taken into custody alive. In fact, I would be shocked if it ends with anything short of a guns-blazing battle royale, possibly (and God forbid) claiming additional innocent lives.

HOPEFULLY this will shed some light upon LAPD’s internal review system, which is the most inbred, pro-blue blood institution around. Without talking you into dizzy circles, suffice to say that the Board – comprised of appointed lackeys with self-interest for days – does little to ensure justice within the Department. I learned all about it during law school in one of my favorite classes, Police Practices, taught by triple threat (cop-lawyer-professor) and personal hero Steve Lurie, who too agreed that the department’s review for allegations of excessive use of force was tantamount to a kangaroo court.