She anticipates the defense’s strategy:
“…I’m sure you’re aware that defense lawyers in capital cases are known for intentionally refusing to call mitigation witnesses so that if the jury votes for death, they can be assured a reversal of that ruling on the grounds of ineffective assistance of counsel when the case reaches a federal appellate court. The Ninth Circuit, which covers Arizona, has a long history of overturning death penalty verdicts on the grounds that defense attorneys were “ineffective” when they failed to call sufficient mitigation witnesses during the death penalty hearing. Referred to as “tactical ineffective assistance of counsel,” Arias’ lawyers are apparently using a similar tactic in your case. They know they may well prevail with the sex-talk strategy, but if they fail, they will win at the Ninth Circuit only if they refuse to call sufficient witnesses to testify about mitigation evidence…”
If Wendy is right, it might be a better strategy to try for life without parole.
Wendy also advises Juan to be careful not to let Jodi turn the courtroom proceedings into a “pornified dog and pony show.”
You can read the rest of the letter here.