In a twist I did not see coming Jodi Arias’ defense team files a motion for all juror twitter accounts. It appears that juror 17 was tweeting about the trial and viewing twitter before sentencing phase. If the defense is successful, this could possibly lead to a retrial on appeal. It appears the juror who tweeted believed she did not have to stay away from social media just anything about the trial. In the motion, the exchanges the juror engages in discusses Jodi Arias by name and her ethnicity. The concern here by the defense is that other jurors my have had access to social media during the trial and misunderstood what they could or could not have viewed.
For the defense it is also good thing to have the accounts to see what has been said about the case and if potential new jurors for the sentencing phase will have been effected by a tweet or Facebook. It is hard as an attorney to police jurors and their use of social media. I always go into a trial assuming jurors are on Facebook or Twitter and do not tell us when they “accidentally” read something. For my client’s I hope a jury follows the court’s admonition not to read or participate in social media during the trial, but one never knows.
The defense did exactly what I would have. If you can see a juror’s public Facebook or Twitter, see what they are saying. If it appears it affects the case let the court know immediately. We will wait and see if the Judge orders the media turned over. This could end up getting Ms. Arias a new day in court.
If you would like a link to the Motion filed by the defense, here it is. I found this on WildAboutTrial.com. If you or someone you know is facing a charge and need an attorney with experience in defending clients and social media, call me today.