Arizona appeals panel rules no secret testimony in Arias murder case

By David Schwartz PHOENIX (Reuters) - An Arizona appeals court tossed out a ruling on Wednesday by a judge presiding over the sentencing retrial of convicted murderer Jodi Arias to allow a witness to testify out of the public eye. Arias, who faces the death penalty, was found guilty at a sensational trial last year of killing her 30-year-old ex-boyfriend, Travis Alexander, whose body was found in the shower of his Phoenix-area home. He had been stabbed multiple times, his throat had been slashed and he had been shot in the face. In a brief order on Wednesday, a three-member appeals panel overruled an October decision by a lower court judge that closed the proceedings to the public for testimony by the unnamed individual at the request of defense attorneys. The October order by a trial judge closing the Maricopa County Superior courtroom did not identify which witness was to testify out of public view, but the appeals ruling appeared to indicate that witness could be Arias herself. "It is further ordered that the court grants relief by vacating the superior court's order ... closing the courtroom to the public and press during any testimony by Jodi Arias," the appeals order stated. An attorney for Arias, 34, could not be reached for comment. Arias testified during a high profile trial broadcast live on the Internet that she had acted in self-defense in killing Alexander, but prosecutors accused her of killing her former partner in a jealous rage over six years ago. The same jury that convicted her later deadlocked on the death penalty, prompting a sentencing retrial with a new jury impaneled last month. If this jury deadlocks, the judge will sentence Arias to life in prison or life with the possibility of parole after 25 years. Wednesday's appeals panel gave no reason for its decision, adding that a written opinion would be issued "in due course." "The order underscores the importance of the public's right to attend a criminal trial, particularly during the defendant's testimony in a capital case," said attorney David Bodney, who appealed on behalf of several media outlets, adding he would seek a written copy of the testimony. He could not positively confirm Arias was the subject of the court order, but said the appeals ruling seemed to indicate that. The defense had maintained that the witness would not testify in an open court. (Editing by Cynthia Johnston and Sandra Maler)