Category Archives: Misconduct

Extracts from Kirk Nurmi’s book

Some extracts from Kirk Nurmi’s book:
 
She would call her mother stupid and/ or guilt her into sending her money because she was starving. Ms. Arias would get angry with her mother for not sending her money or a book in a timely fashion.
 
Nurmi, Kirk. Trapped with Ms. Arias: Part 1 of 3 From Getting the File to Being Ready for Trial (p. 102). . Kindle Edition.
 
Beyond that Ms. Arias had the unmitigated gall to give some canteen items to other inmates and thus ask her mother for more money. It was pretty repulsive to listen to, I must admit.
 
Nurmi, Kirk. Trapped with Ms. Arias: Part 1 of 3 From Getting the File to Being Ready for Trial (p. 102). . Kindle Edition.
 
I am amazed that the State never used these calls during the third phase of the trial. I may never know why the State did not use these calls. If I was trying the case for the State I certainly would have. I would have used them because there was never a time when I thought Ms. Arias was deserving of the death penalty more than when I listened to her on these calls.
 
Nurmi, Kirk. Trapped with Ms. Arias: Part 1 of 3 From Getting the File to Being Ready for Trial (p. 105). . Kindle Edition.
 
If I was the prosecutor on the case, I would have had Dr. DeMarte speak about Ms. Arias’ behavior during these calls. I would have had Dr. DeMarte refer to these calls as examples that supported her diagnosis as doing so would have been a way to illustrate to the jury, perhaps without saying so, that Ms. Arias was a monster whose life needed to end.
 
Nurmi, Kirk. Trapped with Ms. Arias: Part 1 of 3 From Getting the File to Being Ready for Trial (p. 105). . Kindle Edition.
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State Bar admonishes Juan Martinez

On Thursday September 29, 2016, the  Attorney Discipline Probable Cause Committee of the Arizona Supreme Court ordered that Martinez be placed on probation for a year.

The order states that Martinez violated three Supreme Court rules governing the conduct of attorneys:

1. Engaging in unprofessional conduct.

2. Using means that have no substantial purpose other than to embarrass, delay, or burden any other person, or using methods of obtaining evidence that violate the legal rights of such a person by, among other things, improperly attacking the defendant.

3. Engaging in professional misconduct that is prejudicial to the administration of justice.

Martinez has 10 days to appeal the admonition. If he does, the matter will go to a formal hearing. Neither Martinez nor the County Attorney’s Office have indicated whether he will appeal*.

Via the Arizona Republic

The initial charges filed by Arizona Attorneys for Criminal Justice, an association of criminal defense attorneys, are available here or here.

One charge concludes:

“Not only did Martinez’ statements relate to the foundation of whether the state could proceed with a capital case, in incorrectly contradicted Arias’ testimony that the shot came first and later the stabbings as Alexander was attacking her.”

* Update Oct 3, 2016: “Prosecutor Juan Martinez files appeal of his admonishment for unprofessional conduct by the State Bar of AZ and opts for a formal hearing.”

Note: See here for Arizona Court Rules on proceedings.

Kenneth Peasley

Serious prosecution misconduct in Arizona by a “Rock Star” prosecutor, and a connection to Jodi supporter Paul Huebl who Peasley attempted to frame in 1980.

Trial by Media

Defense counsel rarely refer prosecutors to the state bar on ethics charges. In a rare instance where a defense counsel, Rick Lougee, did so against Ken Peasley, Peasley was named Prosecutor of the Year for a second time and received national awards. “Judges rallied around him,” and he went across the state “to train other prosecutors” – whereas Lougee “was shunned by the legal community for having made the accusation.” Lougee had acted after discovering (before his capital client’s retrial) that “Peasley conspired to present false testimony.” Moreover, Peasley had, at the retrial of another defendant (who was returned to death row) and at the retrial of Lougee’s client (who was acquitted), “repeated the perjury.” After using an informant to get death sentences against three men (two of whose retrials have just been mentioned), Peasley falsely claimed that “police knew nothing of the defendants until the informant brought them up.”…

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Sheriff Joe Arpaio Forced To Capitulate To Obama’s Justice Department

WASHINGTON —  Arizona’s infamous Sheriff Joe Arpaio — the man who brands himself as “America’s toughest sheriff” and has launched an extensive investigation into whether President Barack Obama is a U.S. citizen — will have to make some changes under a settlement with the federal government on Friday that would resolve some allegations that the Maricopa County Sheriff’s Office routinely violated the civil rights of Latinos.

The agreement, approved by the Maricopa County Board of Supervisors, would partially resolve the lawsuit, specifically the allegations that Arpaio’s office unlawfully detained Hispanic workers during worksite raids and violated their Fourth and 14th Amendment rights as well as the allegation that his office retaliated against critics in violation of the First Amendment.

Read full article here

For the relevance to Jodi’s case, see section F of Persistent Pattern of Misconduct – Defense Motion filed October 1st, 2015 :

F. MCSO’S PUBLIC REACTION TO A FABRICATED MOTION SUPPOSEDLY WRITTEN BY MS. ARIAS FURTHER INHIBIT HER ABILITY TO RECEIVE A FAIR TRIAL

On or about April 19, 2014. media reports began to surface that Ms. Arias had filed a motion in federal court seeking civil damages and a restraining order against Sheriff Arpaio and civil damages against TV commentator Nancy Grace. The contents of the

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motion, in sum, are that Ms. Arias, the purported author of this motion, was seeking these remedies because of comments that Ms. Grace had made about her and against Sheriff Arpaio because she had a leaky breast implant that was not being treated and because she had contracted Hepatitis C while at the jail. The information contained in the motion is utterly false and the motion itself was an obvious forgery. The motion supposedly written by Ms. Arias was typewritten and Ms. Arias does not have access to a typewriter.

The signature on this typewritten motion does not match Ms. Arias’ signature, a signature that she has authored many times while incarcerated at the Estrella Jail. Finally, the motion denoted Ms. Arias’ address to be at the 4th Avenue Jail when Ms. Arias resides in the Estrella Jail. Thus, with a mere cursory review of this motion and a minimal knowledge of the Maricopa County Jail System. one could easily discern that Ms. Arias did not file the motion at issue. Despite these facts, Sheriff Joe Arpaio gave an on-camera interview with ABC 15 News, a station whose primary broadcast area is Maricopa County during which he claimed that Ms. Arias was filing said motion merely to seek publicity. Thus, the viewership of both ABC 15 and those who have visited their web page have the opportunity to see Sheriff Arpaio make these erroneous allegations against Ms. Arias. See Exhibit F.

Juan Martinez Known for Misconduct

“Gallagher’s colleague in the district attorney’s office, Juan Martinez, has a comparable record. He once likened a Jewish defense lawyer to “Adolf Hitler” and his “Big Lie,” a tactic the Arizona Supreme Court deemed “reprehensible.” One judge noted of Martinez: “You’re at war, almost nuclear war, the minute you come up against him.”

The recent trial of Jodi Arias, a woman who claimed that she killed her boyfriend in self-defense, was a rare case in which Martinez failed to secure a death sentence. When defense counsel Jennifer Willmott asserted that the victim had been suicidal, he responded: “If Ms. Willmott and I were married, I certainly would say, I fucking want to kill myself.” The Arizona Supreme Court has found his behavior, like Gallagher’s, to constitute prosecutorial misconduct.

From America’s Deadliest Prosecutors by By Robert J. Smith, May 14, 2015

Note: Robert J. Smith is a law professor at the University of North Carolina, whose work was cited in Justice Breyer’s dissent  on June 29, 2015, questioning whether the death penalty is constitutional.

See also Prosecution Misconduct

Stacey Hyde : defense team letter to Guardian

Wrongly Convicted Group Website

It is quite extraordinary that the chief crown prosecutor in the Stacey Hyde case complains (Letters, 16 June) that your article is not balanced as you fail to represent the full facts of the case, citing a key piece of evidence as “fact”, whereas it was strongly disputed at trial. The defence did not accept that Stacey “left the original scene only to return armed with a kitchen knife” and it is likely that the jury also rejected this prosecution evidence when returning their not guilty verdict.

The claim also shows a worrying unfamiliarity with the evidence, as the “original scene” was in fact the kitchen and hallway in which the 32-year-old deceased had strangled the 17-year-old Ms Hyde in an attempt to kill her and had repeatedly swung her around by her hair. Ms Hyde was heard screaming in pain (on the 999 call) for nearly two minutes while…

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