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August 26th, 2013
06:12 AM ET

Judge May Set Date for Arias Penalty Phase Retrial

Convicted murderer Jodi Arias will be back in court this morning and a judge could set a date for her "penalty phase" retrial.

After listening to four months of testimony, it took the three days for the first Arizona jury to find Arias guilty of killing her boyfriend.

But they could not decide against the death penalty or life in prison.

According to Arizona law, prosecutors are allowed one more chance at death.

“If a new jury still can't decide, Arias will get life in prison and a judge will determine whether or not she's eligible for parole,” reports CNN's Ted Rowlands.

The new trial won’t be as long because the original first degree guilty verdict still holds and the new jury will not hear as much information as the first.

But finding impartial new jurors who haven't heard of the Arias case will be difficult, given the wide media coverage of the first trial, as will finding witnesses that will stand-up for Arias.

Pleading for life after 18 days on the witness stand during the trial, Arias had asked the jury to spare her life for the sake of her family saying, “Either way, I'm going to spend the rest of my life in prison, either a life that is shortened or not. if it's shortened, the people who will hurt the most are my family. I'm asking you, please, please don't do that to them.”

So in the end, Arias may end up being her own best chance for avoiding the death penalty. What, if anything she says to the new jury may determine if she lives or dies.

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Filed under: Jodi Arias • Law • Murder trial
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