Jodi Arias Trial: Death Penalty Not a Sure Thing

Dan Abrams discusses what Jodi Arias should say to jury deciding whether she'll get death.
4:05 | 05/21/13

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Transcript for Jodi Arias Trial: Death Penalty Not a Sure Thing
we are back now with the latest on jodi arias. She is expected to talk directly to the jury today. Abc's ryan owens has more. Reporter: Jodi arias was scheduled to address the jury one last time monday. Instead, she let her attorney drop this bombshell. Would move to withdraw from the case yet again. Reporter: Yes, for the second time in two weeks jodi arias' attorneys tried to quit on the convicted killer. Last week they wanted out after she expressed her death wish to a local television station just minutes after being convicted of murdering her ex-boyfriend, travis alexander. I said years ago that I'd rather get death than life and that still is true today. Reporter: This time, her attorney threw the hail mary pass again after the judge refused to declare a mistrial. This court finds there is no basis to grant a mistrial. Reporter: Defense attorney kirk nurmi compared the trial to the salem witchtrial. Her right to a fair trial and failed to do so time and time again. Reporter: To the surprise of no one the judge would have none of it. Your motion towithdraw is denied. Reporter: Arias' attorneys responded by saying they'll stay but will call no witnesses since it's not a fair hearing. They claim one of those witnesses, childhood friend, patty womack, backed out of testifying because of death threats. So later this morning we expect jodi arias and only jodi arias will address the jury who will then decide if the 32-year-old spends the rest of her life in prison or heads to death roy. For "good morning america," ryan owens, abc news, phoenix. Joining us now "gma" legal analyst dan abrams. Her attorneys tried to remove themselves from the case. They again asked for a mistrial. What's going on here? Not surprising that the judge said no. But, you know, put yourself in the attorney's position for a moment which is you've got perspective witnesses who are saying, I'm not going to testify in this case because of death threats and other issues, it's not frivolous. Now, it's not a winning motion. I mean the judge did the right thing here. But they're in a tough spot. I mean, jodi arias really has become this sort of national pariah, and any witness who testifies on her behalf gets excoriated and threatened, et cetera. So that is sort of the position they find themselves in now as attorneys trying to represent her. Salem witch trials. I mean, look, there's certainly some hyperbole here. Jodi arias brought this upon herself. The she's now been convicted and why it's important what she says. Think about it, the notion of what someone says to this group of people could determine whether she lives or dies. So what does she say? It's not just what she says but how she says it. Remember, this jury already said we don't believe you. We don't believe the account you've already given to us. He we think you've lied to us so she's got to be really careful in not just what she says but what she says ha to be I am so sorry. I am so sorry and there has to be a sense that she means it. Because all she needs is one or two of the jurors. She's on the record after the verdict saying I would rather have death than life. Yeah, and that's why I don't know exactly what she's going to say when she gets up there. Because I think and others have said that maybe she was trying to use reverse psychology on the jurors saying, oh, actually -- it's going to be really fascinating hearing what she says and she may sort of make a generic statement. Any sense of how this will play out? No, look, what the defense is looking for is a juror or two jurors. They're not going to get a unanimous jury saying we don't think she should get the death penalty but one or two to say that and as a result she gets life. That's their best hope here. The trial went on and on and own and now the penalty phase seems to be going on and on. And this one statement from her becomes so important. Today. All right, thank you, dan.

This transcript has been automatically generated and may not be 100% accurate.

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