Transcript for Arias Hung Jury: Did Defense Strategy Work?
is there anything wrong with getting a good laugh? We'll debate it all. The jury deadlocked over jodi arias' fate, whether she should live or die and does this mean that the defense's strategy somehow worked during the trial? Abc's ryan owens has the latest from phoenix, arizona, where he's been covering it all along. Good morning to you, ryan. Reporter: Good morning, again, elizabeth. While some pay consider this mistrial a legal win for jodi arias, it's a bit of a hollow one. After all, now she and most especially her victim's family will have to relive this legal mess one more time. No unanimous agreement. Reporter: No agreement means a hung jury, a mistrial and then a retrial for jodi arias. She looked stunned. Her prosecutor devastated, her victim's family inconsolable. The order setting a retrial on the penalty phase for july 18th. Reporter: So how did the convicted murderer who admits she shot and repeatedly stabbed her ex-boyfriend, travis alexander, avoid death? At least for now, was it her 18 days of testimony? Most observers thought she spent so much time talking about herself, the jury couldn't stand her. But then again perhaps it's tougher to kill someone you've gotten to know. To this day I can hardly believe I was capable of such violence. ReporAYBE IT WAS HER Final speech to the jury earlier this week. She was just a few feet from them looking them right in the eyes and begging for mercy. I thought I'd rather die. But I can't in good conscience ask you to sentence me to death because of them. Reporter: Perhaps it was her attorney putting her hands on arias' shoulder and asking the mostly older, mostly male jurors if they wanted to end the life of a 32-year-old woman. The simple question set before you is, do you kill her? Reporter: In her jailhouse interview before the jurors deadlocked, arias didn't exactly have nice things to say about the people deciding her fate. What do you think of this jury? It's pretty clear they didn't think much of you. What do you feel of them? I don't know. I feel a little betrayed by them. Reporter: Jodi arias probably doesn't feel quite so betrayed by this same jury this time around. Interestingly, most expect she will have different attorneys for the retrial. Remember, these two tried to quit on her several times already and most expect this will be a very good time for them to exit stage left. Josh. As ryan also mentioned earlier, a retrial set for july but almost certainly to be postponed. We turn to our legal team, legal analyst dan abrams and in atlanta, nancy grace, host of "nancy grace" on hln. Not surprised after we heard they had trouble at the outset. I think now the question is what does juan martinez, the prosecutor, do? You have a divide on this jury according to the arizona republic and others, 8-4, holding out for life, not one, not two. That says to me that it is time for juan martinez to try to cut a deal here for life without parole. On the one hand, it ends this an the other hand, it ensures jodi arias would not get the opportunity for parole. And it would then suggest something of a defense victory. I wonder, nancy, what do you think of dan's plan? I don't see martinez rolling over on this and if anyone had carefully watched the evidence, which really dates back to last year, december, when the jury began voir dire or jury selection, you know, it was such grisly evidence, gruesome, he was slaughtered like a pig out in the slaughterhouse and left to decompose in his own shower. I don't see martinez taking a life from that. Only one way I think he would back off and that is if travis alexander's own family says, we can't live through it again. I can't leave my jobs for six months. I can't leave my children for six months to be here every day. I can't lookt travis dead in the shower for one more minute. I think that's the only way he'll back down. I think nancy is right, that the family is going to have enormous input here but I would say that juan martinez should take the lead and explain to the family the process and how much more time it's going to take and talk about the possibility that if they don't get a conviction, remember, if in the next time there's another hung jury, the judge then gets to decide is it life without parole or life with the possibility of parole and my point is by trying to cut some sort of deal now you're also taking parole off the table and I think it is time to end this case. It is time to end this trial. It is not worth having a new trial. I'm glad that's what you think, dan. But since you or neither of us are a party to this, what we think is really irrelevant. All that matters is what the state thinks because they're responsible for carrying the burden and what travis alexander's family thinks and that is a moral obligation, that's not under the law. This is up to martinez to decide what he thinks is right or wrong. Yep, no question about it and the people have to remember, this is the state of arizona. Yep. Making this decision and as a result it is in juan martinez's hand. Let me ask you then, a change of venue as this trial, as this has now really come to dominate headlines, especially in that state. Might we see a change of venue. Look, I think the notion of one county over, a few counties over you'll find so many more jurors. This is the sort of case that was national. I think they will be able to find a jury. I remember in the o.J. Simpson civil case, remember, the case had just happened in los angeles and santa monica, have a new case with a civil trial, they were able to find jurors who hadn't followed the case very closely. Did they have people who knew about mark furman and the glove and the basics? Yes, but they hadn't followed the case particularly closely, i think you'll find the same thing here. What do you think, nancy. Change of venue or does it stay? I think that, number one, the defense attorneys have already announced they'll stay on the case, which is a surprise to me because nurmi, if you look at the body language he was nearly falling off the table trying to get away from jodi arias at the end and we saw wilmont step in and making the closing statement. They say they'll stay on. Change of venue, they'll probably try for it but be careful what you ask, you may surely get it. They may get an even more conservative jury pool somewhere else. Nancy grace, we appreciate your time this friday. Dan, as well.
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