Wednesday, December 4, 2013
Good evening:
Philip Chism was arraigned today in Superior Court and pled not guilty.
I also have updates on Arias and Thomas.
Judge Sherry Stephens issued an order today in the Jodi Arias case denying a defense motion to compel jurors in her penalty phase retrial to reveal their social media and Twitter account information. The defense wanted to monitor the accounts to make sure jurors do not use them to obtain or disseminate information about the case.
Two weeks ago she issued an order banning live television coverage of the penalty phase.
Adolpho Flores reported today for the LA Times that the prosecution played an audio recording yesterday in which defendant Jay Cicinelli could be heard proclaiming that he hit Kelly Thomas 20 times in the face with his stun gun. Cicinelli’s statement was picked up by a body microphone worn by Officer John Ema. Cicinelli is charged with involuntary manslaughter and using excessive force.
Flores reports that Cicinelli’s lawyer, Michael Schwartz, told reporters after court that his client did not really mean what he said.
“That’s not what happened,” Schwartz said outside the Santa Ana courtroom. “What he’s saying is driven by his heightened state of anxiety, stress and disbelief.”
In his opening statements Monday, Schwartz said his client encountered a combative, uncontrollable suspect who grabbed his Taser.
At times what appears to be Cicinelli striking Thomas in the face is him actually hitting the homeless man’s hand to push it away from the stun gun, Schwartz said.
“An officer is trained in the state of California to never relinquish the weapon to a suspect,” Schwartz said.
Yeah, sure. You betcha.
Flores also summarized the videotape of the encounter between police and Thomas.
Jurors on Tuesday were also shown security footage of the encounter between Thomas and police outside a Fullerton bus depot. The 33-minute video is a compilation of cameras from the bus depot and audio from recording devices worn by police officers.
The grainy black and white video is a key piece of evidence in the prosecution’s case and captured the Fullerton police officers hitting Thomas with batons and a Taser, in addition to shocking him with the device. Several people, including Thomas’ mother, cried as the tape played.
Thomas was in a coma after the incident and died five days later.
The footage begins with Ramos approaching Thomas after receiving a 911 call of someone attempting to break into cars.
To read the remainder of his vivid and sickening description, please go here.
Posted by masonblue 
Frederick Leatherman Law Blog 