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Mistrial denied: Juror 5 excused from Arias trial

NEED TO KNOW
  • HLN is covering the Jodi Arias trial live gavel-to-gavel
  • Arias is accused of killing Travis Alexander, but she says she did it in self-defense
  • Watch 'HLN After Dark: The Jodi Arias Trial' at 10 p.m. on HLN
Mistrial denied: Juror 5 excused from Arias trial

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.

The trial proceeded Tuesday with 17 jurors instead of the customary 18 after one of them – Juror 5 – was booted off the panel after the defense charged that she was “not fair and impartial” when she made some undisclosed statements last week related to the Jodi Arias trial.

Juror 5 will not be under a gag order, according to HLN's Jean Casarez, who is reporting on the trial from Mesa, Arizona.

Judge Sherry Stephens also denied the defense's motion for a mistrial after a closed-door meeting with both sides of the trial.

Members of Travis Alexander’s family were seen sobbing as they left the meeting; Arias, on trial for the brutal slaying of her ex-boyfriend, was seen with a grin on her face, according to HLN producers in the courtroom.

When court resumed, domestic abuse expert ​ Alyce LaViolette continued her testimony, painting Alexander as a callous lover with a history of disregard for women. "He treated [this other woman] badly and he didn’t feel badly about having treated her badly,” she said.

HLN is live-blogging the Jodi Arias trial. Read about LaViolette's testimony Thursday here, and her second day on the stand here, and her first moments on the witness stand here. Read below for minute-by-minute updates from the trial. (Best read from the bottom up):

7:30 p.m. ET: Judge Stephens has recessed the court until tomorrow.

7:29 p.m. ET: In a journal entry after the first physical violence episode, Arias writes she was a shadow of what she once was. She also wrote she needed to get over Alexander.

7:27 p.m. ET:

7:25 p.m. ET: Arias told LaViolette she thought this first physical act was aberrant, and he wouldn't do it again.

7:23 p.m. ET: LaViolette said Alexander wouldn't not let Arias leave his house after the episode of the violence.

7:20 p.m. ET: LaViolette is now discussing how Alexander's first episode of physical violence was in late October. Alexander threw Arias to the ground and called members of Arias' family derogatory names.

7:17 p.m. ET: LaViolette said in October 2007 Alexander took a trip with Arias, and afterwards told another woman he had dealt with "Jodi issue." This was very deceptive, according to LaViolette.

7:11 p.m. ET: Arias and Alexander "shared special things," and that is why it was hard for Arias to give up the relationship, according to LaViolette. The attorneys are now at a sidebar with the judge.

7:08 p.m. ET: LaViolette said in October 2007 Arias was unsure whether her relationship with Alexander would work.

7:06 p.m. ET: Arias' journal entries did not indicate she was jealous of Alexander in any way, but the entries did indicate Alexander was jealous of Alexander, according to LaViolette.

7:05 p.m. ET: LaViolette said in October 2007 Alexander and Arias appeared to still be in a relationship.

7:03 p.m. ET: In October 2007, Arias wrote about how one of Alexander's ex-girlfriend was crazy and jealous of Arias.

7:01 p.m. ET: LaViolette is back on the stand.

6:52 p.m. ET: Judge Stephens has recessed court for five minutes.

6:51 p.m. ET: In September 2007, Arias made a gratitude list in her journal, and she wrote she was most grateful for Alexander.

6:49 p.m. ET: LaViolette listed nine women Alexander seemed to pursue during his relationship with Arias.

6:46 p.m. ET: LaViolette said Alexander was deceptive to many people in the public. He lied about his sexual history and his financial status. The attorneys are now at a sidebar.

6:43 p.m. ET: Andrews wrote Alexander in email that he demanded too many compliments. Arias told LaViolette the same thing about Alexander.

6:40 p.m. ET: LaViolette said she similarities between how Alexander treated Arias and how he treated Andrews. She said he was sexually aggressive with both women.

Wilmott asked, "Do you see any patterns of behavior emerging when you, between the way that Mr. Alexander treated Ms. Arias and the way that Mr. Alexander and Ms. Andrews, their similarities in their relationship?"

"Yes," said LaViolette.

Willmott asked, "What do you see?"

"I see an aggressive sexuality that’s there with two women who are vulnerable. One who is younger, one who is just coming out of a relationship. I see a possessiveness where he is, you know, in public physically affectionate, um, with, and refuses to listen when someone is saying this is not, I don’t want this to happen. That he has, also in both these cases, put these women down, but then sort of backs off of it," said LaViolette.

6:39 p.m. ET: Andrews seemed to believe Alexander was a virgin, but this wasn't true, based on his relationship with Arias.

6:38 p.m. ET:

6:37 p.m. ET: In one email, Andrews writes to Alexander about how she believes they have become too sexual too soon. She also thinks Alexander talks about sex too much and wants him to stop grabbing her butt.

6:35 p.m. ET: Willmott and LaViolette are now discussing emails sent between Alexander and his other love interest, Lisa Andrews, in September 2007.

6:33 p.m. ET: In another journal entry in September 2007, Arias writes about how she is suicidal, and how she blames herself for what her life has become. Arias is still trying to follow the "Law of Attraction."

6:29 p.m. ET: Willmott is having LaViolette review another journal entry Arias wrote. LaViolette is relying heavily on Arias' journal entries for her opinion on the case.

6:26 p.m. ET: LaViolette said Arias wrote in her journal on September 13, 2007, about how Alexander blew up with her on a trip, and afterwards he took responsibility for the argument. Arias wrote his apologetic behavior made her feel good. LaViolette said this is an example of a typical abusive cycle.

6:25 p.m. ET: The attorneys are at a sidebar with the judge.

6:23 p.m. ET: LaViolette is reviewing a journal entry Arias wrote on September 13.

6:20 p.m. ET: LaViolette said when someone is chronically unfaithful is a form of psychological abuse, because the victim is in constant fear, the relationship will end.

6:19 p.m. ET: The attorneys are at a sidebar with the judge.

6:18 p.m. ET: LaViolette is talking about how Alexander was able to manage relationships with multiple women in September 2007.

6:16 p.m. ET:

6:13 p.m. ET: LaViolette said people in abusive relationships will not tell their family members about the abuse, because they know their loved ones will tell them to leave the relationship when they are not ready to take that step.

6:11 p.m. ET: Arias also writes in the same journal entry from August 26, 2007, that she wishes she could die.

6:09 p.m. ET: In a journal entry from August 26, 2007, Arias writes Alexander makes her sick and happy. LaViolette said Arias experienced the worst and the best with Alexander.

6:06 p.m. ET: LaViolette said Arias suggested to Alexander that they should talk to a Mormon bishop about their sexual sin. Alexander refused, because he had gotten in trouble for something like this in the past.

6:04 p.m. ET:

6:02 p.m. ET: LaViolette said Arias felt guilty about having vaginal sex, because it was the "greatest sin" in the Mormon faith.

5:59 p.m. ET: Arias and Alexander had consensual vaginal sex for the first time in August 2007. Arias wrote in a journal entry that Alexander told her that "her body was made for sex."

5:57 p.m. ET: LaViolette said in August 2007, it seems the relationship between Arias and Alexander is slowly becoming worse.

5:55 p.m. ET: LaViolette said every human being is different when it comes to when they will reach the point that they will walk away from a relationship.

5:54 p.m. ET: In one journal entry, Arias wrote she became suspicious of Alexander when he was nice to her. She also wrote she started to become numb to Alexander's behavior, but she is not ready to leave.

5:50 p.m. ET: Arias tried to calm Alexander down after he banged his head on the wall. LaViolette said Arias empathized with Alexander's behavior.

Willmott asked, "Does Ms. Arias talk to you about empathy? Maybe not in that word I guess."

"She talks to me about feeling bad because he felt so bad. That he felt so bad that she wanted him to feel better," said LaViolette.

Willmott asked, "Okay. Is that something that you would characterize as empathy?"

"Yes, I would," said LaViolette.

Willmott asked, "Is that something that happens in, in relationships that you’ve seen, where one partner empathizes with the other?"

"It’s a common practice in relationships, in fact, it’s a necessary part of relationships for us to empathize and understand how the other person feels and to try to deal with how the other person feels and hopefully get it back," said LaViolette.

5:49 p.m. ET: Alexander allegedly hit his head up against a wall repeatedly after Arias confronted him about catching him with another woman in his house.

5:43 p.m. ET: Arias caught Alexander making out with another women in his house in August 2007. LaViolette said Alexander told Arias he was upset with her about it. The attorneys are now at a sidebar with the judge.

5:42 p.m. ET: LaViolette said in Arias' August 2007 journal entries spoke of the hope and potential she had for Alexander.

5:40 p.m. ET: The judge is on the bench and the jury is being seated.

5:24 p.m. ET: Judge Stephens recessed court for the afternoon break. The live blog will resume at 5:35 p.m. ET when testimony resumes.

5:23 p.m. ET: The attorneys are at a sidebar with the judge.

5:21 p.m. ET: LaViolette said there was a power difference in Arias and Alexander's relationship. Arias had less power than Alexander, and abusive relationships are never equal.

Willmott: What about the fact that it is Ms. Arias who ultimately decides to go back to spend the night with Mr., or spend the evening with Mr. Alexander. I mean isn’t that her fault?

"Well, it would be her choice but there is a real power difference in this relationship. And the power difference is that she apparently cares more than he does at this point. And I think, I don’t know anyone who has been in a relationship where they cared more than somebody else at some point in their lives. And when that happens, there is a real power difference, that people with less power tend to try and do whatever they can to bring that relationship together and I think," said LaViolette.

Willmott asked, "Let me stop you there for a second, I’m sorry. When you talk about people with less power, you’re referring to Jodi then?"

"I am," said LaViolette.

Willmott asked, "I’m sorry, go ahead."

"That Jodi cares more at this point more than Mr. Alexander," said LaViolette.

Martinez said, "Objection, you can’t speak to Mr. Alexander’s state of mind."

5:20 p.m. ET:

 

5:18 p.m. ET: Arias told LaViolette she attended a baseball game the night of Alexander's birthday in July 2007. Alexander was upset that Arias did not plan to spend the night hanging out with him that night. Arias left the game and spent the evening with him for his birthday.

5:13 p.m. ET: LaViolette said she was aware of Alexander asking other people for money. The attorneys are now at a sidebar.

5:08 p.m. ET: Willmott asked LaViolette about an email Arias sent Alexander apologizing about not being able to loan Alexander $4,000. Martinez objected and now the attorneys are at a sidebar.

5:06 p.m. ET: LaViolette is going through all the things she learned about Alexander the weekend she met him in Las Vegas. Alexander was financially successful and he had good standing in the Mormon church.

5:04 p.m. ET:

5:03 p.m. ET: In the journal entry, Arias writes about how she violated Alexander's trust by looking at his text messages, and he violated her trust by seeing other women.

5:02 p.m. ET: Willmott has asked LaViolette to review a journal entry Arias wrote on July 25, 2007.

4:59 p.m. ET: Alexander and Arias broke up in June of 2007, but LaViolette said Alexander continued to contact Arias.

4:57 p.m. ET: Arias hope positive thinking would change Alexander according to LaViolette.

4:55 p.m. ET: LaViolette said Arias tried to follow the "Law of Attraction," but had difficulty having good thoughts when Alexander was cheating on her.

4:52 p.m. ET: The attorneys are at a sidebar with the judge.

4:50 p.m. ET: Arias did not confront Alexander about him cheating on her until after they take a trip together.

4:48 p.m. ET: In June 2007, Arias found out Alexander was cheating on her when she checked his text messages.

4:46 p.m. ET: LaViolette said Arias wrote in her journals that Alexander made her feel more special than she ever has felt in her life.

4:45 p.m. ET: One of HLN's "Dr. Drew's Jurors" Stacey Fairrington says Juror 5 got on the public elevators after being excused from the case. She was sobbing, and the judge's bailiff was escorting her.

4:44 p.m. ET: In the journal entry, Arias wrote about being deeply in love with Alexander, and LaViolette said Arias seemed to become suspicious of Alexander and other women.

4:41 p.m. ET: Willmott is asking LaViolette about a journal entry Arias wrote on June 5, 2007.

4:38 p.m. ET: Arias has been paying close attention to LaViolette's testimony. She is wearing a beige knit shirt.

4:37 p.m. ET: The attorneys are in the courtroom and testimony should resume any minute.

3:01 p.m. ET: Judge Stephens has recessed court for lunch. The live blog will pick back up at 4:30 p.m. ET when testimony resumes.

3:00 p.m. ET:

2:58 p.m. ET: Willmott asked LaViolette to describe what she knew about a time when Alexander woke up Arias by having vaginal sex with her in May 2007. Arias tried to stop him, because it was sin. So then, Alexander made her perform oral sex on him instead.

2:57 p.m. ET: LaViolette said jealousy is a precursor to controlling behavior.

2:56 p.m. ET: Sky Hughes believed Alexander was jealous of Arias seeing other men, according to LaViolette.

2:53 p.m. ET: The attorneys are still at a sidebar with the judge.

2:50 p.m. ET:

2:48 p.m. ET: The attorneys are at a sidebar.

2:46 p.m. ET: LaViolette is discussing how Alexander told Arias she could date other men, but made her feel guilty about the dates she did take.

2:42 p.m. ET: Willmott is asking LaViolette about Alexander and Arias became an official couple on February 18, 2007. LaViolette said they were a couple, but Alexander did not want to be considered boyfriend and girlfriend.

2:38 p.m. ET: The attorneys are at a sidebar.

2:36 p.m. ET: LaViolette is now talking about an email Arias sent Alexander in February 2007 about her concerns after she talked to Chris and Sky Hughes. Arias told Alexander he had addressed her concerns and he made her feel better.

2:33 p.m. ET: Alexander's siblings were crying after the meeting in the judge's chambers.

2:32 p.m. ET: The attorneys are at a sidebar.

2:30 p.m. ET: LaViolette said from the emails she read, it seemed Chris and Sky Hughes thought very highly of Arias.

2:29 p.m. ET: LaViolette is explaining how Sky Hughes believed Alexander had a history of mistreating women.

Willmott asked, "Give us your impression of, of – based on what Mr. Alexander said about how he treated this other woman."

"That, that he treated her badly but that he didn’t feel badly about it," LaViolette said. "He treated her badly and he didn’t feel badly about having treated her badly because he didn’t…"

Martinez objected under hearsay and the judge sustained his objection.

2:21 p.m. ET: The attorneys are at a sidebar with judge.

2:20 p.m. ET: LaViolette is back on the stand and she is reviewing an email conversation Alexander had with his friends Chris and Sky Hughes.

2:18 p.m. ET: Judge Stephens has denied a mistrial and has excused Juror 5 from the case.

2:11 p.m. ET: Alexander's siblings just came out of chambers. Court should begin shortly.

1:57 p.m. ET: The attorneys including Alexander's siblings are still in chambers with the judge.  Alexander's siblings have a right to be present at meetings in the judge's chambers under Arizona law.

Arizona's Victims' Bill of Rights:

Section 2.1. (A) To preserve and protect victims' rights to justice and due process, a victim of crime has a right:

1. To be treated with fairness, respect, and dignity, and to be free from intimidation, harassment, or abuse, throughout the criminal justice process.

2. To be informed, upon request, when the accused or convicted person is released from custody or has escaped.

3. To be present at and, upon request, to be informed of all criminal proceedings where the defendant has the right to be present.

4. To be heard at any proceeding involving a post-arrest release decision, a negotiated plea, and sentencing.

5. To refuse an interview, deposition, or other discovery request by the defendant, the defendant's attorney, or other person acting on behalf of the defendant.

6. To confer with the prosecution, after the crime against the victim has been charged, before trial or before any disposition of the case and to be informed of the disposition.

7. To read pre-sentence reports relating to the crime against the victim when they are available to the defendant.

8. To receive prompt restitution from the person or persons convicted of the criminal conduct that caused the victim's loss or injury.

9. To be heard at any proceeding when any post-conviction release from confinement is being considered.

10. To a speedy trial or disposition and prompt and final conclusion of the case after the conviction and sentence.

11. To have all rules governing criminal procedure and the admissibility of evidence in all criminal proceedings protect victims' rights and to have these rules be subject to amendment or repeal by the legislature to ensure the protection of these rights.

12. To be informed of victims' constitutional rights.

(B) A victim's exercise of any right granted by this section shall not be grounds for dismissing any criminal proceeding or setting aside any conviction or sentence.

(C) "Victim" means a person against whom the criminal offense has been committed or, if the person is killed or incapacitated, the person's spouse, parent, child or other lawful representative, except if the person is in custody for an offense or is the accused.

(D) The legislature, or the people by initiative or referendum, have the authority to enact substantive and procedural laws to define, implement, preserve and protect the rights guaranteed to victims by this section, including the authority to extend any of these rights to juvenile proceedings.

(E) The enumeration in the constitution of certain rights for victims shall not be construed to deny or disparage others granted by the legislature or retained by victims.

1:24 p.m. ET: Alexander's siblings are in chambers with the judge now according to our producer in the courtroom.

1:14 p.m. ET: Our producer in the courtroom says the attorneys are in chambers with the judge.

12:42 p.m. ET: Court should begin any minute.

As the Jodi Arias defense has presented its case, it has unleashed shocking detail after shocking detail about her ex-boyfriend Travis Alexander. HLN legal experts are wondering if Arias defense lawyers have any more surprises up their sleeves.

Watch: Has Arias accepted her fate?

On Thursday, domestic violence expert Alyce LaViolette's testimony rocked the courtroom when she said that two of Alexander's longtime friends told Arias not to date Alexander, because he had a past of being abusive to women.

“They have basically advised Ms. Arias to move on from the relationship… that Mr. Alexander has been abusive to women…” said LaViolette.

It’s not the only time the defense has surprised the courtroom with its claims about Alexander’s behavior. Earlier in the trial, Arias testified that she caught Alexander masturbating to an image of a little boy. She also said he forced her to have anal sex after he baptized her into the Mormon Church.

Before LaViolette takes the stand Tuesday, Judge Sherry Stephens may resolve an issue of alleged jury misconduct. Court is scheduled to begin at 12:30 p.m. ET Tuesday.

Judge Sherry Stephens dismissed Juror 5 from the Jodi Arias trial and denied the defense's motion for a mistrial Tuesday.

The defense moved for a mistrial Monday based on Juror 5's misconduct during a sealed meeting 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.”

There are now 17 jurors observing evidence in the case. Twelve jurors will be chosen before deliberations, and the rest will be alternates that could be called in deliberate if necessary.

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