Attorneys for Jodi Arias are seeking a mistrial in her case citing juror misconduct. Last Thursday, the judge met with jurors after the defense filed a complaint that Juan Martinez, the head prosecutor in the case, was signing autographs and taking photos outside the courthouse. During the closed hearing, the defense contends that juror misconduct on the part of juror number five was discovered.

While it isn’t clear what actions might have triggered the motion, the defense argues that the juror is not fair and impartial.

Doug Burns thinks that the defense has an uphill battle in arguing for a mistrial rather than simply replacing the juror with an alternate, but thinks they will argue that she has “infected” the whole jury.

Lis Wiehl agrees that it’s unlikely the judge will grant a mistrial.