He said prosecutors failed to turn over crucial evidence of porn on Travis' computer.
"The state has confessed to illegal behavior, and they wish to pursue the death penalty," said Kirk Nurmi.
Prosecutors said the computer porn issue is a side show, and they've shared the computer evidence with the defense and it's expert witnesses.
"There is no prejudice; he had more than the two hours he claims he needed to prepare the original report. It is the state's position that it is just posturing for the jury," said Juan Martinez.
Jodi's attorney said 14 witnesses, who could testify on her behalf, are scared they'll receive threats if they show up in court, so she can't get a fair trial.
"It is game over, she cannot present a full case for life, the state quoted no law that can change that really," said Nurmi.
But the prosecutor says there are ways they can get their testimony in without being in court.
"There is a remedy, and that remedy is either an affidavit, a videotape or it can be subpoenaed," said Martinez.