The prosecutor in the Jodi Arias murder trial Monday told the judge he is aware a Twitter account attributed to Arias has been tweeting about the trial and his height -- and he wants it to stop.
"There's been allegations that she's been tweeting ... I've been told she indicates something about the prosecutor and how tall he is," prosecutor Juan Martinez said in court Monday.
"One can't forget that she's a witness in this case and she's actually violating the courts rule by discussing her testimony ... I'm asking the court to issue an order that she desist from that," said Martinez.
The tweet about the prosecutor's height is no longer on the Twitter page attributed to Arias. The tweet read, "Those afflicted with Little Man's Syndrome taint society's perception of genuinely good men who happen to be vertically challenged."
Arias' defense attorney, Kirk Nurmi, told the judge, "This isn't second grade, this is a court of law."
Nurmi added, "Regardless of Ms. Arias' Twitter account and comments on his height ... it does not change the game ... She has freedom of speech rights."
Martinez did not have a copy of the tweets for judge Sherry Stephens to review. The judge said she would need more information in order to consider issuing a ruling.
"Without more specific information ... the court is not going to take any action with regard to the defendant allegedly tweeting from jail ... she is in custody of the sheriff's office and that is within their jurisdiction to set rules and limits with regard to her behavior," Stephens said.
The Maricopa County Sheriff's Office said they are aware of Arias’ Twitter account but are unable to do anything about it because she is not breaking any rules.
News of the Twitter account surfaced last week. The Tweet about the prosecutors height was not the only insult directed toward him.
“Hmm... Anger Management problems anyone?” Arias Tweeted on April 5. Another apparent dig at Martinez who is famously aggressive for his questioning of witnesses on the stand.
According to Fox 10 News, Arias has been communicating with her 27,000 plus followers via Twitter since February. The account, according to the news network, is managed by Arias' friend, Donavan Bering.
Bering told Fox 10 that she talks to Arias on a daily basis and updates the account with messages told to her by Arias.
READ JODI ARIAS' TWEETS:
Jodi Arias Tweets
Arias is on trial for the June 4, 2008 slaying of her ex-boyfriend Travis Alexander. Arias claims she was was physically and emotionally battered by Alexander and feared for her life when she shot him, stabbed him nearly 30 times, and cut his throat from ear to ear in his Mesa, Ariz., home on June 4, 2008.
Prosecutors say Arias killed Alexander in a jealous rage.
In addition to the complaint about the tweets, Stephens found herself ruling on whether Martinez was guilty of misconduct for recently posing for photos with fans and signing autographs outside the court house.
After listening to arguments from both sides about the issue, Stephens said she did not feel the prosecutor did anything wrong since it was out of the presence of the jury.
The defense also asked the judge to allow jurors to see enhanced images of Alexander just before he was killed.
Bryan Neumeister, a witness for the defense, claims one of the enhanced images shows the reflection of a person in one of Alexander's eyes. Nurmi claims the image is evidence that Arias was not holding a knife when the photo was taken.
Martinez said he does not believe it is possible to interpret, with absolute certainty, what the reflection shows.
"It's the state's position that this is really voodoo," Martinez said.
The jury was not present as the judge heard arguments about the Twitter account, misconduct motion or photo enhancement issue.
Following a lengthy afternoon recess. the jury was brought into the courtroom and Stephens announced the parties had reached a stipulation about the image. She said they agree Arias did not have a knife or gun in her hand when the photo in question was taken.
After the announcement of the stipulation court was recessed for the day. Arias' trial is scheduled to resume at 12:30 p.m. Eastern time on Tuesday.
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