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Judge denies Arias' motion for mistrial, dismisses juror

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Judge Sherry Stephens dismissed Juror No. 5 and denied a defense motion for a mistrial in the Jodi Arias murder trial. (Source: CBS 5 News) Judge Sherry Stephens dismissed Juror No. 5 and denied a defense motion for a mistrial in the Jodi Arias murder trial. (Source: CBS 5 News)
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PHOENIX (CBS5) -

Superior Court Judge Sherry Stephens denied a motion by Jodi Arias' defense attorneys for a mistrial Tuesday morning.

Stephens also dismissed juror No. 5, a white woman in her 30s who is married. She has multi-colored hair and was said to be observant and a good note-taker.

That left the jury with 11 men and six women, 12 of whom will eventually be selected at random to decide whether to convict Arias of first-degree murder in the death of her ex-lover Travis Alexander.

Testimony was scheduled to resume at 9:30 a.m. Wednesday in Maricopa County Superior Court.

[WATCH ON CBS5AZ.COM: Live feed of Jodi Arias trial]

According to CBS 5 News' Jose Miguel, who was in the courtroom Tuesday morning, Alexander's family was taken into the judge's chambers. After that, Arias entered the courtroom and was also taken to the judge's chambers.

Arias, Alexander's family and the attorneys left the judge's chambers and the trial resumed about 11:15 a.m. with defense witness Alyce LaViolette taking the stand.

Miguel and CBS 5's Elizabeth Erwin reported that both Arias and prosecuting attorney Juan Martinez were smiling as they left chambers.

Her attorneys claim "juror misconduct" was discovered during a closed proceeding last week, though they didn't cite specifics.

They did say that removing that juror, who they said they believed talked about the case with other jurors, would also be an option.

Arias could face life in prison if she is convicted of first-degree murder in the killing her ex-boyfriend Travis Alexander at his Mesa home in June 2008. She claims she killed him in self-defense.

He was stabbed 27 times, had his throat slit and was shot in the head.

Prosecutors say the attack was planned and the result of jealous rage.

No other details have been provided.

Stay with cbs5az.com for updates on this developing story.

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Copyright 2013 CBS 5 (KPHO Broadcasting Corporation). All rights reserved.

  • UPDATEJudge denies Arias' motion for mistrial, dismisses jurorMore>>

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