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Judge to hand down Arias' sentence Monday

Former Maricopa Superior Court, Judge Stephen Gerst says this is likely a stressful time for the judge.
Judge Sherry Stephens will decide the fate of convicted killer Jodi Arias Monday.

It is the polarizing case that captivated this country from right here, Maricopa County. We will find out the fate of convicted killer Jodi Arias Monday, after second jury failed to decide the death penalty in her sentencing retrial.

Arias was convicted in 2013 of brutally killing her ex-lover Travis Alexander. After the hung jury, Arias' sentencing fell into the hands of Judge Sherry Stephens.

Former Maricopa Superior Court judge Stephen Gerst said has handed down four death sentences during his 21-year time on the bench. He said he can imagine it has been a very stressful time for Judge Stephens going into tomorrow.

"Hung jury's are kind of like kissing your sister," he said. "Nobody wants it, but it happens and you have to deal with it," Gerst said.

It was a single juror who would keep Arias from death. She spoke to 12 News' Brahm Resnik exclusively.

"I tried to put myself in both situations, if that was my child I would've want I would want a punishment," she said. But the juror wasn't sure about death.

"I think she would take into consideration, the overwhelming view of the jury even though it didn't result In the death penalty," Gerst said.

Stephens will decide if Arias gets natural life in prison without the chance of parole, or life with the possibility of parole after 25 years.

The sentencing retrial exploded with coverage on twitter since cameras weren't allowed. But sentencing in this high-profile case is no problem for Stephen's decision, according to Gerst.

"The judge's decision tomorrow will be based upon what she believes is appropriate under all the circumstances and I think she'll take into consideration things like, 'Did Jodi Arias show remorse or ever accept responsibility? Did she lie in or attempt to manipulate the system?'" Gerst said.

While we wait for Stephen's word, Gerst said his hunch is Arias appearance in a courtroom is far from over.

"She's going to get a new trial, and has a right to try to get a new trial," Gerst said.

Judge Sherry Stephens has allowed cameras to air the sentencing on Monday.

12 News have team coverage streaming live on 12News.com and the 12 News App.

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