signed foreperson. >> is this

signed, foreperson. is this your true verdict, so say you one and all? >> yes. >> a hung jury in phoenix, arizona. i'm ashleigh banfield reporting live with this breaking news that the jury that was set to decide the fate of jodi ann arias, life or death, has been unable to answer that question. they had to be unanimous on life or death, and they just could not do so. so the judge has declared a mistrial for the penalty portion of this case. but in a unique circumstance to arizona law, a brand new jury is set to be brought in and that is supposed to get under way on july 18th. a whole new set of deliberations over whether she should live or die with a brand new set of people who will need to learn a lot about this case. i want to bring in my colleague ted rowlands who was in the courthouse and in the courtroom at the moment that happened. ted, this just had to be soul crushing for the family of her victim, travis alexander, who have weathered the most horrendous evidence for the bulk of the five months this case has taken to draw out. >> yeah. to think t

signed foreperson. >> this was not your typical trial.were asked to perform very difficult responsibilities. >> after months of evidence, arguments, tales and testimony, last night finally the fate of jodi arias was decided. or not. the jury dead locked an 8-4 split in favor of the death penalty. the judge was forced to declare a mistrial. so what now? we bring in diana alvear who has been following all the action. >> reporter: right until the very end this was a trial full of twists and turns. we were not expecting that yesterday. everybody thought a decision had been received. when we found out it was a hung jury, shock on everybody's faces. i immediately looked at the jury box and i could see the jurors were very emotional. a couple were crying and one mouthed to the prosecutor, i'm sorry. and then i look at the travis alexander family. many sobbing, of course. they quickly left the courtroom. jodi arias herself seemed stunned. if you were wondering why her family was not there in the courtroom we found out there you an exclusive state

signed, foreperson. is this your true verdict so say you one and all? >> ladies and gentlemen, the clerk is now going to ask each of you a question. please answer yes or no. >> jury number one, is this your true verdict? >> yes. >> jury number two, is this your true verdict? >> yes. >> juror number three is this your true verdict? >> yes. >> juror number four is this your true verdict? >> yes. >> juror number six is this your true verdict? >> yes. >> juror number seven is this your true verdict? >> yes. >> juror number nine is this your true verdict? >> yes. >> jury number 12 is this your true verdict? >> yes. >> juror number 13 is this your true verdict? >> yes. >> juror number 14 is this your true verdict? >> yes. >> juror number 16 is this your true verdict? >> yes. >> juror number 18 is this your true verdict? >> yes. >> all right. ladies and gentlemen, the next phase of the trial will begin tomorrow at 1:00. please be here at 12:45. between now and then the admonition continues to apply. do not speak about this case. do not view any media about thi

facts and circumstance that's the defendant should be sentenced to -- no unanimous agreement signed foreperson>> is this your true verdict? >> yes. >> the bailiff will ask each -- i'm sorry, the clerk will ask each of you a question. please answer yes or no. >> jury number one, is this your true verdict? >> yes. >> number two? >> yes. >> we want to bring in ashleigh banfield. as you just heard, it sounds, ashley, i want to make sure i understood what i heard. they do not have a unanimous verdict. that would mean a hung jury or what? >> yes. unfortunately that, is exactly what it is. the wording on the verdict form which they had to fill out was couldn't agree on a unanimous verdict. and this is a very unfortunate development. you can see the family. they're so devastated. this has been five months of hell for family and friends of the victim in this case only to come this far to have no decision on what to do. and in most jurisdictions, erin, this automatically means a life sentence. but not here. not in arizona. there is another option now. and that is to bring in a whole new jury. it does no

facts and circumstance that's the defendant should be sentenced to -- no unanimous agreement signed foreperson. >> is this your true verdict? >> yes. >> the bailiff will ask each -- i'm sorry, the clerk will ask each of you a question. please answer yes or no. >> jury number one, is this your true verdict? >> yes. >> number two? >> yes. >> we want to bring in ashleigh banfield. >> you can't avoid it. i mean, honestly, this jury that's empanelled can't avoid hearing something about it. we can't go for lunch without hearing the wait staff arguing over what this woman deserves. it's -- it's the saturation in this community. but that's the issue. the new jury, without question, has been exposed to a fair amount of media coverage. when you do voir dire, it's not so much have you seen a lot of coverage, it's can you be fair and unbiassed. if you can empanel a jury for o.j. simpson, you can probably empanel a jury for jodi arias' phase 3, round 2. >> ashley has been covering this wall-to-wall. joining me now, paul callan, sonny hostin and martin gerigos, criminal defense attorney. so you all can tell

. -- has been proven, signed foreperson. >> everybody is wondering whether jodi arias will take the standfor you, it wouldn't be a normal day here if we didn't have something ab northlandal develop. carole, i can report to you now one of the closed door hearings kept from us, we are now kinding out what went on two days ago. her doempbs have asked this judge if they can quit. they have had it. they asked to be removed from the case. there is no reason publicly given. although, it is abundantly clear they would have had to make that notion clear to the judge. he has denied that motion. you will see them struggling to save her life. here is one of the problems, today when they open their statements, both of these attorneys on either side of this courtroom, the prosecutor, the defense, they're essentially trying to do just that, mitigate this woman's case down to the point where this jury could sign leniency and spare her t. problem is jodi gave an interview a few days ago after she was found guilty, saying, kill me, i'd rather day than live my life out in a box. what are they supposed to do

facts and circumstances that the defendant should be sentenced -- no unanimous agreement, signed foreperson. is this your true verdict, so say you one and all? >> yes. >> hung jury forced the judge to declare a mistrial in the sentencing phase of the case after the jury could not reach a unanimous decision on life or death. they had about 14 hours of deliberations. arias was convicted of the murder of her boyfriend. the trial was unprecedented in length. almost five monkts long. if the prosecution tries to retry the sentencing part of the case, a new jury will be asked to determine her fate. she is determined guilty of first-degree murder. the new jury would only decide life or death. it sounds rather by sar, and it is unusual. ashley, so much about this shocking to many. here, even more bizarre. >> yeah, you know what, bizarre or not, it's statute in arizona. period. so, yes, a mistrial, but only a partial mistrial. and they will get another crack at the death penalty. in most other states, if you have a hung jury, it's life in prison. that will be an unusual set of circumstances. they wil

signed foreperson. is this your true verdict, so say you one and all? >> yes. >> now, that took less than two hours to decide that arias was exceptionally cruel. arias stabbed him 29 times, slit his neck from ear to ear, shot him in the face. now, in the penalty phase, arias took the stand, pleaded for her lives. she told jurors she could make a difference in prison. we'll talk about it now with cnn legal analyst and former prosecutor sonny hostin. mark is the author of the book, mistrial, how the criminal justice system works. and sometimes doesn't. let's start, though, with cnn ted rollins who was in the phoenix courtroom and ashley banfield who is also on location in phoenix. ted, reaction of the verdict? what was it like? >> well, it was an incredibly emotional scene inside the courtroom. two of the female jurors were crying as the jury was read. the judge got a little emotional, as well, while she was addressing the jury. and the alexander family, as you might imagine, was very emotional. the sisters were openly wimpering in court. the jury was pol

signed foreperson. is this your true verdict, so say you one and all? >> the vote came down 8-4 in favor of sentencing arias to death. it had to be unanimous, though. joining me is one of the jurors who voted for the death penalty. mary lou allen kugen. thank you so much for being with us. five months of your life was consumed by this trial. i can't imagine what that is like, listening to all the details of this. what -- i mean, how do you describe it? what did you go through? >> it was an intense experience. heart-wrenching. i don't really -- i haven't recovered enough quite to put a label on it yet, but it was extremely intense, very heart-wrenching. >> as you were in the jury room and as all of you were weighing whether or not to support the death penalty or not, did you know right away that it wouldn't be unanimous? >> relatively early in the process, yes. >> and i know you voted for the death penalty. what made you decide to vote that way? was there one particular thing or kind of a general sense you had? >> there was no one particular thing. excus

signed foreperson. >> his job is not done.is not the final chapter in state versus jodi arias. >> premeditated murder requires that the defendant and we can personalize it, jodi ann arias, caused or killed trads. yeah. she put that knife good in his chest and slit his throat and shot him in the face. she did do that. did jodi ann arias intend or know that she would kill travis victor, alexander, absolutely. that's why she went through the throat. there was argument she would have to aim. no, she didn't. you will be able to open your door, swim out to higher ground and just hang onto something that you can and wait to be rescued. >> incredible situation. we know have you your hands full. the san antonio fire department. thank you so much. looking at various images here from our affiliate in the area of san antonio seeing this flash flooding and what it has resulted in. we're talking about swollen creeks, rivers, and also roads and that have been just submerged by this water that comes as a result of about 10 inches of rain and

signed foreperson. >> is this your true verdict, so say you one and all? >> yes. >> now, remember this is the same jury that took less than two hours to decide that arias was exceptionally cruel when she killed travis alexander. arias stabbed him 29 times, slit his neck from ear to ear, shot him in the face. now, in the penalty phase, arias took the stand, pleaded for her life. she told jurors she could make a difference in prison. the 12 jurors needed to reach a unanimous decision. obviously they could not. let's talk about now with cnn legal analyst and former prosecutor sonny hostin. and also mark geragos. let's start with cnn's ted rollins and what was it like? >> it was an incredibly emotional scene inside the courtroom. two of the female jurors were crying as the verdict was read by the court clerk. the judge got emotional, got a little emotional as well while she was addressing the jury. and the alexander family as you might imagine was very emotional. the sisters were openly weeping in court. as the jury was walking out one of the female members of

it will be interesting to see if one of them becomes the foreperson and if they make this jury relitigate. when you have a trial this long it's always shocking sometimes to see how quickly the jury comes back. others go days and days sort of going over all the evidence. this jury, i would say, was very connected, especially down the stretch in this trial. everybody very focused and, yes, not all of them took notes but all of them absolutely paying attention. >> yeah, you try to take notes for four months when some of it is to repetitive. that's a big task we have asked our fellow citizens to do there in phoenix. stand the by for a second if you would. the complex nature of what the case is asking the jurors to do. it's not just is she guilty or not guilty. there's a range of things they need to assess. can you explain to the viewers in simple terms as you can what their job is right now. >> reporter: sure, let's show everybody. there's first degree murder and the primary charge and then second degree and manslaughter. let's show everybody first degree murder and that would be premeditated

signed, foreperson. >> jodi arias, the jury says cruelty was an aggravating factor in the killing of travis alexander, meaning she could face a possible death penalty when the jury reconvenes tomorrow. back with me now, gloria allred and alan dershowitz. now, that means she could be executed. should she be? >> exceptional cruelty or cruelty, we're going to hear the lenient factors, hard to imagine what they are, except her family saying she has been a good daughter or friend which i think will be hard to outweigh to aggravating factor with that. but it is not mandatory that the jury find the death penalty. it's going to have to be unanimous, and that will be more difficult than finding she was exceptionally cruel. >> and the jury, saying yes, we think she is eligible for it. are they more likely to say, we think she should have it? >> well, the most likely outcome, she should get the death penalty. of course it was especially cruel, what kind of murder was not especially cruel. but in general women don't get the death penalty for domestic murders. o.j. simpson, the state didn't even

signed the foreperson. do you saw one and all true verdict. >> ladies and gentlemen they are going to answer ask a question. juror wum n up one is this your true verdict? >> yes. >> injure number two? >> yes. >> juror number three? >> yes. >> juror number four, is this your true verdict? >> yes. >> juror number six is this your true verdict? >> yes. >> juror number 17 this your true verdict? >> yes. >> juror number nine is this junior true verdict? >> yes. >> juror number 12? >> yes. >> juror number 13 is this your true verdict? >> yes. >> juror number 14 is this your true verdict? >> yes. >> juror number 16? >> yes. >> juror number 18? >> yes. >> all right. ladies and gentlemen -- >> after 67 days finally we have a verdict in the jodi arias murder trial. fox news dan springer is live outside the courthouse in phoenix, arizona, dan? >> reporter: just before the verdict was read there were chants, justice for travis from a large crowd on the steps of the county courthouse. it was just one after another. just

signed foreperson. is this your true verdict, so say you one and all? >> yes. >> now, remember, this is the same jury that took less than two hours to decide that arias was exceptionally cruel when she killed her ex-boyfriend, travis alexander, back in 2008. arias stabbed him 29 times, slit his neck from ear to ear, shot him in the face. she was convicted of first degree murder. now, in the penalty phase, arias took the stand and pleaded for her life. she told jurors that she can make a difference in prison. the 12 jurors needed to reach a unanimous decision. clearly they could not. a lot to talk about. joining me, cnn senior -- excuse me, cnn legal analyst and former federal prosecutor, sunny hostin. mark geragos, criminal defense attorney and author of "mistrial." we start with ted rowlands, who is in phoenix and in the courtroom and ashleigh banfield, who is in phoenix on location. explain the reaction of the jurors. i understand one juror actually mouthed "i'm sorry" to travis alexander's family. >> reporter: yeah. as the jury was leaving, two juror

the judge or the clerk, i don't know the procedure in arizona, one or the other will say to the forepersonve you reached a verdict and the verdict is written down. the verdict is handed to the clerk and either the clerk or the judge will read the verdict aloud and it will consist of question and answer. how did you find with respect to charge one, answer. they'll precede to read the entire verdict. there will be sighs and -- >> then the judge must be satisfied it's unanimous. some judges do it informally, and some poll the jury. juror number one, was it read as you voted? did you agree? some judges do it in more deal detail and ask each juror to agree to each verdict. that process of assuring it was unanimous could take two minutes or 25 minutes, depending on the procedure employed by the judge. >> neil: when they give prison time ranges, 7 to 22, 10 to 22 second degree murder. is it -- is it 7 is the least amount? >> right. >> ten is the least amount. >> exactly. >> if she's already been serving time for four years, there -- in that sort of case -- >> she could look at as little as three

. >> no unanimous agreement, sign foreperson. >> shepard: now a new jury may get to decide whether arias should die or teaching spanish and donating her hair after stabbing her ex-boyfriend 27 times. and -- >> what happened that evening was unprecedented. >> shepard: almost seven months after super storm sandy, a major tourist attraction makes a big come back just in time for memorial day. but first from fox this friday night, the collapse of a major interstate bridge. and drivers who were crossing a river suddenly found themselves in that river. it happened in washington state, a portion of i-5 plunged into the water last night after investigators say a big rig with with an oversized load rammed into an overhead gerder. you can see how it dumped a jumbo of concrete into the river that 18-wheeler made it across the bridge. emergency crews report two cars did not. they sent rescue boats to reach the three people who were inside those cars. they say none of them is seriously hurt. >> fortunately, i'm extremely fortunate that nobody died as a result of this. we were fortunate it happened la

signed foreperson. >> jodi arias listening as a jury says cruelty was an aggravating factor in her killing of ex-boyfriend travis alexander. that means she will face a possible death sentence when the jury reconvenes tomorrow. should she be executed for the murder? back with me now for more law and disorder, attorneys gloria allred and allan dershowitz. gloria, yes or no. they have to face three now. they think she was guilty of cruelty. that means she can be executed. should she should be? >> exceptional cruelty is what they found. it's hard to say, because now we're going to hear the leniency factors presented by her defense. it's hard to imagine what they are. except for her family saying she has been a good daughter and friend and so forth, which i think is going to be hard to outweigh the aggravating factor with that. but it is not mandatory that the jury find the death penalty. it's going to have to be unanimous. and that may be more difficult, probably will be a lot more difficult than finding that what she did was exceptionally cruel. >> it's looking -- if the jury goes this stage

. >> no unanimous agreement, sign foreperson. >> shepard: now a new

signed foreperson. is this your true verdict, so say you one and all?> yes. >> the vote came down 8-4 in favor of sentencing arias to death. it had to be unanimous, though. joining me is one of the jurors who voted for the death penalty. mary lou allen kugen. thank you so much for being with us. five months of your life was consumed by this trial. i can't imagine what that is like, listening to all the details of this. what -- i mean, how do you describe it? what did you go through? >> it was an intense experience. heart-wrenching. i don't really -- i haven't recovered enough quite to put a label on it yet, but it was extremely intense, very heart-wrenching. >> as you were in the jury room and as all of you were weighing whether or not to support the death penalty or not, did you know right away that it wouldn't be unanimous? >> relatively early in the process, yes. >> and i know you voted for the death penalty. what made you decide to vote that way? was there one particular thing or kind of a general sense you had? >> there was no one particular thing.

signed the foreperson. >> shepard: you heard the gasp in the court courtroom. the newly convicted killer showed little more emotion than quivering lip and singletary that went down her cheek. four month trial featured extremely graphic testimony about the killing and the defendant's sexual history. but the jurors clearly did not believe jodi arias when she claimed she killed travis alexander in self-defense. the shear brutality of this act may have been too much for the jury to overlook. five years after police found his verdict, the verdict released a flood of emotion in the courtroom and outside. the victim's family members openly weeped in the gallery as they realized they finally got the justice that they so long had sought. dan springer is live outside the courthouse. dan, the reaction out there, we saw it, it was emotional. >> yeah, shep. the jury didn't believe jodi arias' story of self-defense and neither did much of the public. it was a wild scene on the steps of the courthouse out here. the crowd swelled to 300 people. just before the verdict was read

facts and circumstances that the defendant should be sentenced, no unanimous agreement, signed forepersonthis your true verdict this say you one and all? >> yes. >> shepard: not much of a reaction there, right? continuing to watch. i guess they took it down. anyway, so now we wait for the jurors to come out and speak. again, the judge lifted the gag order. so we have heard chapter and verse from jodi arias the murderer, she talks about how things are going to be great in prison. she is going to teach people how to speak spanish. she is going to start a recycling program. she has been speaking to he a potential it next jury and for her, this worked out absolutely perfectly. the judge who allowed her to speak on the stand to take the stand for 17 days then later lifted the gag order and let the reporters right in there so that jodi arias could spout away about all the great things she is going to do now, now that she has murdered her exlover. arthur aidala, "studio b" contributor fox news analyst here in studio with us tonight. first of all, i have never in all my born days heard of a -- im

and sworn upon our action upon oaths find that the factor especially cruel has been proven signed foreperson. >> shepard: you may remember just after her conviction jodi arias said she wanted to die that death would come as a relief. much more on the jury's ruling and what's next for the convicted killer coming up inside fox report. but, first, we're following many breaking news stories today. the first, forced out. president obama says the acting commissioner of the irs is gone tonight because of what the president calls inexcusable misconduct. irs workers unfairly targeting conservative groups applying for tax exempt status. >> americans have a right to be angry about it and i am angry about it. i will not tolerate this kind of behavior in any agency but especially in the irs. given the power that it has and the reach that it has in all of our lives. >> shepard: the president says he is also ordering changes at the irs to make sure something like this does not happen again. wendell goler live at the white house. wendell? >> well, shep, it's not surprising heads rolled over. this house spea

and sworn upon our action upon oaths find that the factor especially cruel has been proven signed foreperson

and so ridiculous in some of that first couple days of cross-examination that exactly what the foreperson what i was thinking at the time, is all you're going to do in a case where she's trying to get out there that she's being abused by some male and then you get up there and start to abuse her and she is timid and she kind of takes it, i thought was a massive miscalculation and blunder. having said all that, you know, she was up there for 18 days and what happens in every criminal trial, wolf, when you put your client, the defendant, on the stand, then everything that transpires before that becomes almost irrelevant, because all the jurors are going to talk about then is what did the defendant say. it shifts the whole focus, it shifts the whole calculus of the trial itself. in this case, i think that it resonated with four people. we don't know what the gender was of those four, but i think i can make some predictions. >> we'll see what happens in the next few weeks. there's going to be a little hiatus for the time being. thanks very much. mark geragos, paul henderson. >>> just ahead, t

facts and circumstances that the defendant should be sentenced -- no unanimous agreement signed forepersoni arias the sequel. you heard that jury unable to whether keep the convicted murderer up for life or give her the death penalty. the retrial is set for july 18th. but they have to do this with a new jury and this could drag on for months. lisa green legal analyst and defense attorney and former prosecutor karen desoto. thank you ladies for being here. how do they go about selecting a new jury. >> if we go forward and see a new jury in this case it could take weeks or months to find an impartial juror. just about everyone has heard something about this case. more specifically has seen jodi arias' jailhouse interviews. you need an impartial jury. big hurdle in this case. >> she said if. what's the if here, karen? >> i mean the if is whether or not the judge says to the prosecutor listen why don't you make a deal. we saw with the kermit gosnell case. the deal they made with him if you don't appeal we'll give you life in prison. the prosecutor has the ability to end this right now and not

signed foreperson. is this your true verdict? so say you one and all? >> yes. >> ladies and gentlemen, the clerk is now going to ask each of you a question. please answer yes or no. >> juror number one is this your true verdict? >> yes. >> juror number two, is this your true verdict? >> yes. >> juror number three, is this your true verdict? >> yes. >> juror number four, is this your true verdict? >> yes. >> juror number six, is this your true verdict? >> yes. >> juror number seven, is this your true verdict? >> yes. >> juror number nine, is this your true verdict? >> yes. >> juror number 12, is this your true verdict? >> yes. >> juror number 13, is this your true verdict? >> yes. >> juror number 14, is this your true verdict? >> yes. >> juror number 16, is this your true verdict? juror number 18 is this your true verdict? >> yes. >> all right. ladies and gentlemen, the next phase of the trial will begin tomorrow at 1:00. please be here at 12:45. between now and then the admonition continues to apply. do not speak about this case. do not view any media a

. >> no unanimous agreement signed foreperson. >> reporter: a mistrial, it was the outcome neither side wanted. jodi arias exhaled and couldn't seem to believe it. her victim's family simply collapsed in anguish. they will have to live through this nightmare yet again. several jurors cried. one mouthed "i'm so sorry" to travis alexander's family. >> this was not your typical trial. you were asked to perform very difficult responsibilities. >> reporter: prosecutor juan martinez's face seemed to say it all. but he's as determined as ever to send jodi arias to death row. just minutes after the deadlocked jury went home, and arias was whisked back to jail, martinez's boss said they would try the penalty phase again with a new jury. right now, the retrial of just the penalty phase of this trial is set for july. that will almost certainly be delayed. keep in mind a brand-new jury must be chosen and then they will have to hear a significant amount of this graphic evidence all over again. elizabeth? >> all right, thank you, ryan. >>> let's bring in now the jury foreman, bill zervakis. you said

signed foreperson. >> it happened five times before in the history of arizona where a jury could be reseated again. martha: i guess they were moved by her offer to donate her hair to locks of love and start a book group in prison. >> reporter: there is a lot of sarcasm you can bring in. originally jurors say they won't speak. but you know how things go. we have heard from the jury foreman who said that a couple things. he said her testimony did not help her at all. she was on the stand for 18 years. he said she was not a good witness, she contradicted her own stories. he said he believed she what is mentally and verbally abused by the victim in this case. but a lot of testimony showed they mentally and verbally abused each other. he didn't mention physical abuse. what will happen is the prosecutor has to decide, the d.a.'s office, will they seat another jury? they will just hear the argument for life or death. this could be a cliff notes version of the opening statement. while jodi arias will not be speaking to media she could speak to jurors if this goes forward and the prosecutor and d.a.

the statements by the foreperson in this case were rivetingly revealing. abuse. then how did they convict? so to me i agree with you. i think they are going to need that background, but i don't care if there's a change in venue. it's not going to matter. the whole country knows about the case. i think it's going to be very difficult for the defense to get the right kind of jury because of pervasive nature of the case. at the end of the day, whether or not the alexanders come in and talk to the prosecutor will make no difference. the prosecutors want death penalty and that's what they are going to gun for. >> the point is the united states does not kill women. that's a fact. less than 2% of the population on death parole. they are not going to kill them. they won't do it to jodi arias. there were four jurors -- >> aren't there three on death row right now? >> they've been on forever. appeals are being overturned. there were four jurors who said no death. everyone is criticize iing this jury. this jury got it it right. they didn't want to go for death. so ac

signed, foreperson.y fighting back tears there, but minutes after her conviction she spoke out saying she actually wants to receive the death penalty and calling death the ultimate freedom. >> was it expected, do you think, in the verdict? >> it was unexpected for me, yes, because there was no premeditation on my part. i can see how things look that way, but i didn't expect premeditation. >> it seemed like some of those jurors didn't believe what you were telling them, didn't believe your story. what are your thoughts on that? >> i can understand that, i think, because of what i was -- realized that i told them in the beginning to try to cover up this, cover up that. >> so if you had to do this all over again, you're in the desert, you notice that you've got blood on your hands, how do you handle it? >> i would turn around and drive to the mesa police department. >> and what do you think would have happened to you ten? ten -- then? >> i don't know, but it would have been the right thing. >> do you have a

signed foreperson. arthel: you are not hearing things. the jury in the jodi arias murder trial, deadlocked, the same panel that convicted her of murdering her one-time lover travis alexander, could not reach a unanimous decision whether she should get the death penalty or spend the rest of her life behind bars. the judge declaring a mistrial in the penalty phase and setting a new date for another jury to come in and decide her fate. adam housley is live in los angeles. ad many today, so let's clear it up because a hung jury does not mean the death penalty is off the table, right? give us some context. >> reporter: yeah. there is lot of context here. first of all the prosecutor the d.a.'s office could decide not to pursue that other jury. it happened once before. there have been five hung juries in death penalty cases before. in four instances the d.a. has decided to go with another jury which would be in july in this case. and of those four instances, three times that new jury did decide on death. then of course that means three out of fo

i think it was clear when you heard from the foreperson.he community and in everywhere else really heard about this case, but that doesn't mean that they can't push aside what they heard and still be impartial. i think we find fair juries day in and day out in our system. let me say this, and i think people are sort of -- many people disagree with me, i think this case is ripe for some sort of plea deal. we found out about that in the gosnell trial in philadelphia. he was convicted of first degree murder and then immediately made a deal, taking the death penalty off the table and pleading to life in prison without the possibility of parole. i can't imagine that that is something that jodi arias wouldn't take. it makes perfect sense in a case like this. why put travis alexander's family through this again. i think it -- it is time to put it to rest. >> thinking about the family. you see the family members sitting in this courtroom as i would -- tears running down their faces. we'll see. maybe you'll be right. but this has been emotional. not

facts and circumstances that the defendant should be sentenced, no unanimous agreement, signed forepersononsibilities. >> now the focus turns to the difficulty of choosing a new jury to sentence arias. >> how do you get a jury of your peers who wasn't told that for all these five months and every day on the front page of the paper was jodi arias. >> reporter: and the headlines won't be going away any time soon, a tough reality for alexander's loved ones. >> losing him was tough the first time. going through this all over again has been incredibly challenging. >> reporter: and if you were wondering why jodi arias' family was not in the courtroom, we know why thanks to an exclusive statement from her mother, sandy, she tells us "i am very upset that we were not called to be there. the judge shouldn't have gone forward without jodi's family present. this has taken a toll on our family emotionally and financially. we have stood by jodi throughout the trial and we will continue to stand by her." >> thank you for that report. >>> and check out this move by a bird that got too close to the actio