Judge entered plea for Idaho murder suspect Kohberger. Why? And what happens next?
“This is a hard timeline to deal with under any circumstances, let alone a case this complex,” a Boise-based criminal defense attorney said, questioning if the trial will start on time.
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Why does a defendant stand silent for a plea?
When a defendant chooses not to enter a plea to the charges against them, they are deemed to be standing silent, as Anne Taylor, Kohberger’s appointed public defender, told the judge Monday. A judge then automatically converts a defendant’s decision to remain silent into a not guilty plea, said Elcox, a former Ada County deputy prosecutor.
“The judge can’t enter a guilty plea on somebody’s behalf,” she said. “The thought is that it’s kind of a way to preserve the ability to negotiate with the state” on a possible plea deal to avoid a trial.
In addition, Elcox said, the defense lacks several key pieces of information at the moment to decide how best to represent Kohberger and proceed with the legal process. Those factors likely contributed to the strategic decision by the defense, she said.
What information is the defense lacking?
Of utmost importance, the defense does not yet know whether the prosecution will seek the death penalty if Kohberger is convicted. That decision is likely to weigh heavily into whether a plea agreement can be struck at some point, Elcox said.
“That’s probably a pretty significant factor, because the state hasn’t committed to whether or not they will seek the death penalty yet,” she said. “They need to know, ‘Yeah, you can plea,’ or that it’s off the table. Or, ‘We’re seeking this no matter what, no offers, no deals, and we’ll let a jury figure this out.’ “
Also, the defense has said it is still awaiting more evidence through the discovery process.
Judge, for example, on Monday scheduled a hearing in late June over the defense’s motion to compel discovery evidence that it says the state so far has withheld or not yet delivered. Thompson
in response to the filings argued the state has met the requirements of Idaho law, and
objected to specifics the defense sought about the DNA testing process that linked Kohberger to the crime scene.