You answered one of my most nagging questions. Because part of me thinks that BK is going to play this all the way through in the most unusual manner he can possibly think of. It would be amazing if he went straight to penalty phase. I can't even imagine the stir that would cause - or what might come in at that point in the trial (surely...a lot of evidence? But we wouldn't have seen this kind of thing before in a major trial, I don't think).
Right up his alley. I do think that if they put the DP on the table and in front of a qualified jury, and then put BK on the stand, he might come across as crazy. He might think he can beat the DP on that point. He will talk a lot about his various health issues. And he probably doesn't care whether he gets it or not, he knows he's unlikely to be executed in Idaho for quite some time.
Then, he'll get to flex that he's a true gangster and on Death Row.
Usually you are the one who answers my questions! I have learned alot from you on other threads.
Many many factors come out in the Penalty Phase Trial, just about anything in the defendant's past can be used by both the prosecution and the defense. The defense would lean heavily on psychiatric factors, any signs in BK's past of mental illness. Psychologists and psychiatrists and a Mitigation Specialist would take the stand to testify.
IF he was in this situation, BK's family could testify for the defense. The prosecution might want to put a victim's family member on the stand but I have seen defense attorneys filing Motions against this stating that victim testimony is too prejudicial, same for crime scene photos. The judge would rule on who can testify and what photos can be used.
If BK is NOT charged with Death Penalty Specifications then he has nothing to lose by going to trial. If he wanted to get attention and cause a stir, as you pointed out, all he would have to do is take the stand in his own defense. Then everything he says will end up online for a world wide audience. Even if his trial were not televised the media would be allowed in the courtroom gallery to report on his every word. Even without taking the stand BK would get weeks and weeks of the media watching and talking about his every move and expression as they do now.
I believe the only possible reason that BK would even consider pleading guilty is if he is charged with Death Penalty Specifications and his attorneys convince him that the evidence is overwhelming against him and he will likely end up on death row. In this scenario he would be wise to seek a plea deal with prosecutors, in plea deals there is an exchange between the defendant and the State. The defendant agrees to plead guilty in exchange for the State dropping the DP, normally this means LWOP.
The prosecution always gets family input when a defendant wants to take a plea deal, especially in a Case like this, also, the judge has to accept the plea deal.
Even if BK knows he is unlikely to be put to death in Idaho for lack of drugs, I do not think he will want to be on death row. On death row he will be very isolated and cut off from working and participating in recreational and other activities. Also, it would put more restrictions on him communicating with the public, limiting his communication. There are always people who want to communicate with killers like him, even "killer fan clubs."
But no one needs to get upset if BK ends up in prison - off of death row - with a "murder fan club" reaching out to him.
Why?
Because the reality is that he will most likely be locked away in a maximum security unit where many hours are spent locked in your cell, possibly with roommates and no privacy.
The other reality is that I strongly believe he would have a target on his back and would have threats made against him and be at risk of being hurt or killed. So what would likely happen is that the prison would lock him up in protective custody ie...segregation, and he would be isolated in a "different kind of death row type situation."
www.dl-online.com
