Former Judge: Not impossible to find impartial Arias jury - WSMV Channel 4

Former Judge: Not impossible to find impartial Arias jury

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(Source: CBS 5 News) (Source: CBS 5 News)
PHOENIX (CBS5) -

The Jodi Arias jury couldn't decide whether to sentence the convicted killer to death, or give her life in prison.

Now the question is ... what happens next?

Former Superior Court Judge David Cole said that if Maricopa County attorney Bill Montgomery moves forward to re-try the death penalty phase of the case, the first step will be to find an impartial jury.

But with the Arias case plastered on TV, newspapers, the internet, a lot of people wonder whether it's possible to find jurors who've never heard of Jodi Arias?

Judge Cole told CBS 5 News that just because you know about the case, doesn't mean you can't be a good juror.

"There will be people on the next jury panel that will have heard things about the case, read things about it, and talked to neighbors," said Cole. "The crucial question is whether they can put aside whatever knowledge they have about the case and decide the case based on what they see and hear in the courtroom."

There's also debate on whether the trial might have to be moved to a new venue.

Judge Cole said that with 4 million people living in Maricopa County, the judge in the Arias case will likely make every attempt to find prospective jurors here, especially since moving the trial could be a logistical nightmare for court staff, attorneys and the victim's family.

Only after it became clear that an impartial jury could not be found would the case be moved to another location, Cole said.

There's also the problem with asking an entirely new jury to jump in and determine whether someone should be put to death, said Valley defense attorney David Cantor.

"Getting 12 people to agree to kill somebody, have them strapped to a table and executed is very difficult," Cantor said.

Copyright 2013 CBS 5  (Meredith Corporation). All rights reserved.

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