A hearing is set for Aug. 26. Judge Stephens previously indicated she wanted to set a new trial date for the penalty phase for September. Just seating a new jury could take weeks, given the trial’s publicity. That process would be followed by retreading over testimony and evidence.
If the second panel failed to reach a unanimous decision, the death penalty would automatically be removed from consideration, and the judge would sentence Arias to spend her entire life behind bars or be eligible for release after 25 years.
Maricopa County Attorney Bill Montgomery has said the state is still preparing to seek the death penalty, but would consider resolving the case without another trial after consultation with the victim’s family and defense lawyers, among other things.