At
10:20 he s explains the court appearance.
They aren’t going to release the PC to the public before they have his Counsel on the record ( in my opinion).
There’s also the chance that his Public Defender has filed a Motion to keep it sealed in order to make redactions. And the Court might grant that Motion.
Just don’t want everyone to have their hopes up.
Maybe
@Seattle1 can tell me if I’m correct.
If the Moscow Police Criminal Complaint and PCA were already filed in Latah County District Court, I think BK's public defender, Anne Taylor, probably received a copy just as soon as she filed notice as his counsel.
Since we know she inspected the crime scene on Tuesday-- on behalf of her client, I doubt the DA would make her wait for the formal appointment by the court as BK's public defender.
By Idaho Statute, the probable cause affidavit is currently sealed and cannot be unsealed for public release until BK is returned to Idaho and is served with the arrest warrant for four counts of first-degree murder and one count of burglary.
Just as I don't doubt that Anne Taylor was instrumental in the gag order by Latah County Magistrate Judge Megan Marshall on January 3, 2023, I think it likely that at most, the only document that will be unsealed and released to the public after BK's initial hearing will be the Arrest Warrant/Police Complaint, and the PCA will remain sealed until the parties can agree to appropriate redaction for the protection of victims, and until Taylor can discuss the charges with her client.
IMO, it's really going to hinge on the length and content of the PCA.
Given the nature of this high-profile case, I think the Court will give extraordinary consideration to the victims when making the decision whether or not to immediately unseal the PCA.
Unlike the media, the Court recognizes there are four murder victims and four impacted families that are victims when rendering a decision.
legislature.idaho.gov
TITLE 19 - CRIMINAL PROCEDURE
CHAPTER 53 - COMPENSATION OF VICTIMS OF CRIMES
19-5306. RIGHTS OF VICTIM DURING INVESTIGATION, PROSECUTION, AND DISPOSITION OF THE CRIME. (1) Each victim of a criminal or juvenile offense shall be:
[..]
(2) Upon the filing of a criminal complaint or juvenile petition, the prosecuting attorney shall inform the victim of the various opportunities provided by this section. The victim may exercise any of the rights provided by this section by completing a written request on a form provided by the prosecuting attorney to the clerk of the district court. The clerk thereafter shall notify the appropriate authorities of the victim’s requests. Notice thereafter shall be given to the victim at the address provided unless the victim subsequently provides a different address. The victim’s address shall be kept confidential by the court except for carrying out the provisions of this chapter.
(3) The provisions of this section shall apply equally to the immediate families of homicide victims or immediate families of victims of such youthful age or incapacity as precludes them from exercising these rights personally. The court may designate a representative from the immediate family to exercise these rights on behalf of a deceased, incapacitated, or minor victim.
(4) Nothing in this section shall be construed to authorize a court to dismiss a case, to set aside or void a finding of guilt or an acceptance of a plea of guilty, or to obtain appellate, habeas corpus, or other relief from any criminal judgment, for a violation of the provisions of this section; nor be construed as creating a cause of action for money damages, costs or attorney’s fees against the state, a county, a municipality, any agency, instrumentality or person; nor be construed as limiting any rights for victims previously conferred by statute; nor be construed to require the court appointment of legal counsel or the payment of transportation costs.
(5) As used in this section:
(a) "Victim" is an individual who suffers direct or threatened physical, financial or emotional harm as the result of the commission of a crime or juvenile offense;
(b) "Criminal offense" is any charged felony or a misdemeanor involving physical injury, or the threat of physical injury, or a sexual offense;
(c) "Juvenile offense" is charged conduct that is a violation of law that brings a juvenile within the purview of
chapter 5, title 20, Idaho Code, and which conduct committed by a juvenile would be a felony if committed by an adult.
www.portwhitman.com
