A Message To You, Jodi
 
I have been planning a blog on why the Prosecution has no chance in hell of sticking Jodi Arias with the death penalty ...and then, on August 4, as if thoughtfully designed to kick me in the ’nads (thank you very much), Miss Arias decided to represent herself in the upcoming penalty phase of her first-degree murder trial.  Although her defense attorneys will be in court to "advise," her key to avoiding the death penalty has been chucked into a shit-crater, and unless she corrects this wrong turn she will likely be sentenced to die.  That is to say, Jodi Arias is incapable of arguing the key point that will spare her life, while Kirk Nurmi (her lawyer-cum-advisor) is readily capable.  The reason for this is that Jodi Arias, as testified to in the original trial, suffers from Borderline Personality Disorder.
 
Borderline Personality Disorder (BPD) is a horrific mental illness that should not be underestimated, and one of the hallmarks of the disorder is that most sufferers, even after being diagnosed, will not seek treatment, as they simply do not believe there is anything at all wrong with them.  —- Look at Jodi!  
Nobody loves Jodi Arias as much as Jodi Arias!  Jodi cannot get enough of Jodi!  Jodi's Jodi's biggest
fan! —-  As well, many psychiatrists will not treat patients with BPD, as the malady is so all-invasive.
 
Borderline Personality Disorder is why Kirk Nurmi, if allowed to do his job, would not only avoid the death penalty for Jodi but would probably get her life with the possibility of parole, the lightest available punishment.
 
Let's hop back in time a bit, to the original trial...
 
Borderline Personality Disorder came into testimony during the Prosecution's rebuttal case.  The Defense case was that Jodi was in an abusive relationship and that Travis Alexander (her butchered boyfriend) was the abuser; in fact, Travis was so volatile that he could go from being just-got-laid happy to seeing-red homicidal furious in the drop of a camera.  The Prosecution rebutted this argument with a Ph.D. psychiatrist who testified that Jodi had not been abused, she has BPD.  The point being that the Prosecution has introduced testimony that Jodi has BPD, and if the Defense chooses to agree with that diagnosis, the point will become uncontested: the jury must take it as fact that Jodi Arias suffers from BPD.  And Borderline Personality Disorder is a thermonuclear gift from God of a mitigating factor.
 
Kirk Nurmi would be able to take BPD and bacon-slice prosecutor Juan Martinez into extra-thin maple-drenched honey-splooged strips of porcine yumminess with the Prosecution's own theory.  "Jodi Arias has a previously undiagnosed mental illness, ...as the Prosecution pointed out."  Nurmi could even use the Prosecution's own shrink, from the rebuttal case, to describe what it's like to actually suffer from the disorder: the misinterpretation of reality, the inability to control acute emotions, what it's like to live life with a truncated palette of emotions, the mimicking of absent emotions, that BPD is one misstep away from the abyss of psychosis, and that Jodi's illness is at the root of the killing: Travis Alexander is the victim of Jodi's undiagnosed, uncontested personality disorder.  Kaboom!  Death is off the table.
 
Jodi, sadly, has no ability to make this argument.  She'll never admit that she's mentally ill.  Image is everything to her.  She's a narcissist.  She has Narcissistic Personalty Disorder.  Personality disorders come in clusters.  BPD is regularly accompanied by Narcissistic Personality Disorder and Histrionic Personality Disorder (aka the Drama Queen Disorder); otherwise officially known as 'Cluster B.'  Jodi is perfectly prepared to do life-without, but she could never stand knowing that people look at her as being mentally ill.  She would, quite literally, rather die.
 
Simply put, Jodi Arias cannot make the argument that will surely save her life; Kirk Nurmi can.
 
Add to the mix a few tasty mitigating morsels, like:
 
    1.     Jodi has no criminal record
    2.     Jodi has never proven to the court that she cannot be rehabilitated
    3.     Jodi's mental illness had never been diagnosed before the tragedy; she never refused treatment for it
    4.     Unlike a smoker who gets lung cancer, Jodi has BPD through no fault of her own.
    5.     The cause of the onset of BPD is unknown.  (As far as the medical gurus know, eating Trix® and Froot Loops® in the same bowl of cereal might cause BPD.)
    6.     Current thinking is that the onset of BPD occurs between the ages of 18 months and three years old — an age-group whose entire membership is, by self-evident truth, absolutely innocent
    7.     Most murders are committed for love or money, and, stripped down to its bare bones, this case is as mundane as can be: someone killed their ex-lover [yawn].
    8.     This is a crime of passion, albeit not done in the passion of the moment.
    9.     The overkill testifies to feeling and passion.
    10.     The overkill actually indicates that Jodi is not a danger to the whole of society.  She's not a cold-blooded, bullet-to-the-brainpan sociopath.
 
The just result: Jodi gets life-with.
 
Why didn't Juan Martinez take life-without when Jodi offered it to him?  That's the best he could have ever hope for ...well, until Jodi decided to cut her throat, kick me in the ’nads, and represent herself, that is.  I hope Juan Martinez realizes what a lucky duck he is.
 
I hate nothing more than making predictions, as I believe the future is truly unwritten, but as Luca Brasi is on the phone selling my organs, I'll go out on a limb...
 
If Kirk Nurmi argues the case:
 
•    The jury will hang (most in favor of life, a couple holdouts for death)
•    The decision will go to the judge (who knows the difference between a violent sociopath and a pathetic broken-hearted mentally-compromised girl)
*    The judge will give Jodi life-with, as is proper
 
If Jodi Arias argues the case:
 
•    The jury will hang (most in favor of death, a couple holdouts for life)
•    The decision will go to the judge (who knows the difference between a violent sociopath and a pathetic broken-hearted mentally-compromised girl)
*    The judge, frustrated by Jodi's attempts to retry the case, flirt with the jury, and ignore procedure, will give her life-without  (Jodi really needs to understand that, except for guys who want to fuck her, most people can't stand her.)
 
That's right Jodi: if you argue the case you get life-without; if Kirk Nurmi argues the case you get life-with.
 
If I were King of the World:
 
•    Jodi gets life-with and mandatory treatment for her Borderline Personality Disorder; the treatment would continue as a condition of any parole.
•    If she refuses treatment, she gets life-without.
 
A final prediction:
 
•    No matter what sentence she receives, Jodi Arias will never leave prison.
 
 
###
Stop Your Messing Around
Better Think Of Your Future
UPDATE — September 10
PHOENIX — Two days after this post Jodi Arias has changed her mind and decided not to represent herself.
UPDATE — March 5, 2015
PHOENIX — The jury has hanged.  Sentencing will be on April 13.
UPDATE — April 13, 2015
PHOENIX — Maricopa County Superior Court Judge Sherry Stephens, actually saying: “the defendant has no health issues,” sentences Jodi Arias to life-without.  Apparently Jodi’s uncontested BPD is not a health issue!?  Next Stop: Lumley Unit, Arizona State Prison – Perryville.  The jail door slams home.
September 8, 2014
CRIME BEAT
  by Jack Tarpits    Crime
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