Arias defense seeks mistrial over juror misconduct

NEED TO KNOW
  • Jodi Arias' attorneys: Juror 5 is 'unfit to continue as a juror'
  • Watch 'HLN After Dark: The Jodi Arias Trial' at 10 p.m. on HLN
Jodi Arias admitted killing Travis Alexander, but she claims it was in self-defense.

When court is done for the day, the conversation is only just beginning. Watch HLN’s newest hit show "HLN After Dark: The Jodi Arias Trial" nightly at 10 p.m. on HLN.

Jodi Arias wants a new trial because she says juror misconduct has made her current trial unconstitutional.

Arias is on trial for killing her ex-boyfriend Travis Alexander on June 4, 2008. Arias’ attorneys base their motion for a mistrial on information about Juror 5’s behavior that was discovered in a sealed hearing last Thursday.

“Ms. Arias takes the position that the statements Juror 5 made in front of her fellow jurors amounts to misconduct,” Arias attorneys wrote. “Given the evidence that came forward on March 28, 2013, it is beyond legitimate dispute that Juror 5 is not fair and impartial making her unfit to continue as a juror.”

Juror 5 is a married, white female in her 30s. Court observers have said she is the most visible juror from the gallery because she has a “unique hair style.”

Judge Sherry Stephens held the sealed hearing last Thursday to discuss with the jurors whether any of them had witnessed prosecutor Juan Martinez posing for pictures with fans outside the courthouse.

Arias' attorneys want Juror 5 kicked off the jury if the judge doesn’t grant a mistrial.

Removing Juror 5 may be a remedy, because there are 18 jurors right now. Twelve jurors will be chosen before deliberations, and the rest will be alternates that could be called in deliberate if necessary.

Read more: Meet the Arias jury

Testimony is scheduled to pick back up in the Arias trial Tuesday at 12:30 p.m. ET.

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