with the jodi arias trial, the jury as we said deadlocked over whether she should get the death penalty. Abc's ryan owens was there in the courtroom. Ladies and gentlemen, I have received your note... See More
with the jodi arias trial, the jury as we said deadlocked over whether she should get the death penalty. Abc's ryan owens was there in the courtroom. Ladies and gentlemen, I have received your note indicating that you are unable to come to a unanimous decision. Reporter: After just two hours of deliberating whether jodi arias should live or die, the jury of eight men and four women said they were deadlocked. The news stunned travis alexander's family. But almost five months into this, the judge wasn't about to accept that. At this time please go back to the jury room and continue deliberating. Reporter: With that the jury spent another five hours deliberating wednesday and will be back at it later this morning. If she isn't sentenced to death, the judge could decide between life in prison or even life with the possibility of parole. Something I asked about during my combative jailhouse interview with arias tuesday night. We talked to a lot of your friends, some of whom said that jodi is the most hated woman in america right now. Do you feel that? No, I don't feel it in here. I'm incubated in here. You could conceivably get out someday. Do you deserve freedom? All I know is that if I were given freedom again I would handle it very, very responsibly. So you think meme should feel safe is jodi arias is out of these four walls at some point? Well, I think so, yes. If you're not abusing me and attacking me and threatening to kill my life, there's no reason to fear. You are still sticking with that story. It's not a story. It's the reality. It's unfortunate but it is the reality. Reporter: Another reality for jodi arias. Twitter. Throughout the trial she had a friend posting her thoughts about the prosecutor and the proceedings. Wednesday morning, she posted this -- "never trust a reporter who has a nice smile. "She never mentioned anyone by name but she posted that minutes after the start of "gma." For "good morning america," ryan owens, abc news, phoenix. Let's get more from "gma" legal analyst, dan abrams. Didn't take long for them to say they can't do it. They almost immediately come back and say, we're effectively hung. Remember, they already deliberated this for many, many hours, meaning they deliberated the is she guilty, is she not so they kind of know what the others think on the jury and so they very quickly came back and said, your honor, we just can't reach a verdict. The judge says go back and at least the good news in terms of the possibility of a verdict is that they did deliberate for the rest of the day and they're now going to continue. What happens if they come back today and say we just can't do it. At some point the judge will declare it to be a hung jury and at that point one of a number of things happen. Either the prosecutor says we're going to pursue the death penalty again, a new jury is impaneled just on the issue -- brand-new jury. Brand-new jury has to hear all the evidence again but just on the issue of should she get the death penalty, meaning this new jury has to assume she's been convicted of first degree murder and the only question they decide is, should she get death? That could take weeks and cost a lot of money. Look, the other possibility is the prosecutor decides, you know what, maybe I'll try and cut a deal with jodi arias because as you heard in ryan's piece there's a possibility of parole. Here's what I think. I think that the prosecutor ought to try to cut a deal with jodi arias where the deal is, life without parole, you've got to accept that deal and we'll take death off the table. It seems to me at this point impanelling another jury to consider whether she should get the death penalty and that jury could hang again, the cost and beyond just the cost, you know, the process, the time, the effort, the emotion that has got to be going into it but that sort of decision is one where the prosecutor will consult with travis' family. You don't think he's likely to do it. I think the prosecutor is completely invested in seeking the death penalty for jodi arias. I also think that the family of travis might not sign off on that. While they don't have the official say on a decision like that prosecutors do defer to the victim's family quite a bit in doing that. But it just seems to me if you've got a hung jury in this case after all this time to go through just the process of should she get death or not seems to me a waste of resources. Okay, dan, thanks very much.
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