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Support for this motion can be found in the attached Memorandum at Points and authorities which is incorporated herein by reference.
MEMORANDUM OF POINTS AND AUTHORITIES
i. RELEVANT FACTS
On September 19, 2014. six days before jury selection. the State finally disclosed a witness list that it labeled as a “Notice of Potential Penalty Phase Witnesses.” Amongst this recently filed list are witnesses who either have not been previously asserted as
“potential witnesses.” expert witnesses whose diagnosis or opinions are not know by Ms. Arias and/or witnesses whose testimony relates to evidence that has already been precluded. ln this regard. Ms. Arias is thus seeking to preclude the following witnesses as listed in the State’s “Notice of Potential Penalty Phase Witnesses“:
9. Jill Hayes
10. Janeen DeMarte
13. Marsha Parker
15. Zachary Billings
16. Taylor Searle
31. Alan Kreitel
Also of note is the fact that in recent court proceedings Counsel for the State advised that expert witnesses. Doctors DeMarte and Hayes did not currently have any opinions. Of course blame for this was placed on Ms. Arias. despite the fact that she disclosed the names of her expert witnesses months prior to trial.
In support of her claim that life is the appropriate penalty, Miss. Arias. in other pleadings listed the following mitigating factors;
1. Ms. Arias has no prior criminal history.
2. Ms. Arias was just 27 years old when she committed her offense.
3. Ms. Arias is remorseful for her conduct.
4. Ms. Arias suffered both physical and emotional abuse as a child.
5. Ms. Arias suffered both physical and emotional abuse during her relationship with Mr. Alexander.
6. The abusive nature of the relationship caused Ms. Arias to suffer extreme emotional stress at the time of the incident.
7. Ms. Arias has been diagnosed with Post-Traumatic Stress Disorder.
8. Ms. Arias has been diagnosed with Borderline Personality Disorder.
9. Ms. Arias‘ psychological makeup impaired her ability to cope with the tumultuous relationship she had with Mr. Alexander.
H. LAW AND ARGUMENT
Pursuant to the dictates…