Attorneys for Arias claim juror misconduct - KMSP-TV

Attorneys for Arias claim juror misconduct

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PHOENIX -

Defense lawyers for Jodi Arias have filed a motion for mistrial based on prosecutorial misconduct.

The motion was filed Sunday around 3:30 in the afternoon. A former prosecutor we spoke to says it's too soon to tell if this motion has anything to do with the one filed previously, alleging misconduct by Juan Martinez.

Prosecutor Juan Martinez is known for his tough techniques in the courtroom and has gained celebrity status, thanks in part to the woman he has been questioning, Jodi Arias.

Arias' lawyers argued last week the prosecutor committed misconduct by signing autographs and posing for pictures outside court.

Now, Jodi Arias' defense attorneys are seeking a mistrial in her murder case due to alleged juror misconduct.

"What we do know is that the judge did not make a ruling on Thursday regarding the motion on mistrial based on prosecutorial misconduct. But what came out of that is the defense filed a motion on Sunday alleging juror misconduct and the motion states that Juror #5, which is one of the female jurors in the front row, had made some comments, some biased and basically partial comments to either another juror or jurors regarding the case itself," says criminal defense attorney and former prosecutor Monica Lindstrom.

Lindstrom has been following the case and says the motion did not seem to cite specifics but does note that removing the juror would also be an option.

Lindstrom isn't convinced the comments made had anything to do with the prosecutor or his actions.

"If Juror #5 had made any statement about the case at all such as, 'I believe this witness, I don't believe this witness, I think the prosecutor is too tough or too light, or the defense attorney doesn't seem to be working hard enough or not,' or maybe it was something as simple as 'oh I like that shirt that the expert was wearing today'… anything at all about the trial itself could be grounds for the defense motion to remove that juror or call for a mistrial," says Lindstrom.

There are a total of 18 jurors. Seven women, 11 men. Six of the jurors will become alternates.

Testimony in the case is set to resume Tuesday. Monica Lindstrom thinks the judge will hear an argument on the motion in the morning and possibly question some of the jurors.

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