4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, 2022 #80

[Warwick7]

This is good!!!

https://twitter.com/x/status/1659665505467219969

 

[U.N. Known]

IMO, it's pretty likely BK will plead not guilty, because the only thing I think we the public know he has said about his innocence or guilt is what his PD said he said after his arrest in PA, that "he believes he's going to be exonerated" (BBM). Public defender says Idaho murder suspect is ‘calm,’ believes he’ll be exonerated: ‘This is not him’
"Jason LaBar, the chief public defender of Monroe County, Pennsylvania, is representing Kohberger in the extradition but not the murder case. He called the charges "a little out of character."
"He said this is not him," LaBar told TODAY on Tuesday, Jan. 3. "He believes he's going to be exonerated. That's what he believes, those were his words."

Just noting it doesn't explicitly say in the Idaho Criminal Rule (I.C.R.) 10 (see excerpt and link below) that he HAS to enter a plea at the Arraignment, nor does he HAVE to listen to the arraignment read out, but gets a copy of it before he has to plea.

Food for thought, in MOO, though it could be a fairly minor point, but I keep seeing references to the defendant "MAY enter a plea" at the arraignment.

Just pointing out that it seems like it may not all happen on Monday (reading of the arraignment right after which he enters a plea) because there is a right for the Defendant to ask for more time to enter a plea, to not have the arraignment read out, and to receive a copy of it instead after which (edited to quote): "...the defendant must be allowed a reasonable time, not less than one day, in which to answer the indictment" as stated in the rule here (BBM):

I.C.R. 10. Arraignment on Indictment or Information | Supreme Court
Idaho Criminal Rule 10. Arraignment on Indictment or Information
...
"(c) Arraignment. Arraignment must be conducted in open court and consist of reading the indictment or information to the defendant or stating to the defendant the substance of the charge and requiring the defendant to plead to it. The defendant may waive the reading of the indictment or information. The defendant must be given a copy of the indictment or information before the defendant is required to plead. The defendant must be informed that if the name that appears on the indictment or information is not defendant's true name, the defendant must then state defendant's true name or be proceeded against by the name in the indictment or information. If, on the arraignment, the defendant requires time to enter a plea, the defendant must be allowed a reasonable time, not less than one day, in which to answer the indictment or information."


MOO

Pleading guilty is a guarantee of life in prison at best. If he is guilty, IMO it makes more sense to take a chance with a trial. If Life in Prison rather than The Death Penalty the only plea deal available there is isn't much of a deal. Considering the length of time death row inmates spend in prison after conviction, I can't imagine a scenario where he pleads guilty other than the unlikely one that he prefers to be in jail/prison.

 

[Twistinginthewind]

Why did they change judges?

Could you please tell us who the previous judge was, now that they've changed to Judge John Judge?

I looked through most of the previous court documents, and I don't know who he may have replaced?

TIA, I can't keep track of whether it's a change in judges, or just a new judge assigned for the arraignment?

 

[Deleted member 39678]

Idaho can't go DP with an "Alford Plea". And BK can continue his best life in prison, without an allocution of "Guilt".

Personally, I hate, loathe, and despise an "Alford Plea".

Courts are given wide discretion when it comes to accepting or rejecting Alford pleas. Some judges have their own policies regarding Alford pleas. For example, some judges will not accept an Alford plea unless there is some evidence that the defendant has no recollection of what happened, for example the defendant was too intoxicated to remember what happened.


Make no mistake, an Alford plea is a guilty plea for all intents and purposes. Alford pleas can often carry with them unintended consequences.

Really there are few practical positive consequences to entering into an Alford plea rather than a normal guilty plea.

Can I Plead No Contest in Idaho? What Is an Alford Plea?

Sometimes defendants want to plead guilty and take advantage of an offer by the prosecution, even though they honestly feel that they are not guilty. This usually happens in cases where the prosecution offers a particularly favorable plea settlement, and the defendant believes there is a strong...

www.atkinsonlawoffices.com

 

[Deleted member 718]

https://twitter.com/x/status/1659693243129548801

 

[Cool Cats]

Why did they change judges?

His Case has been transferred from County Court to District Court, this means a new judge.

But it also says in some articles that he was in District Court previously. It's all in the same Court House.

Then there are Circuit Courts which might be the same thing as County Court.

Sounds like something @10ofRods or @Cindizzi could figure out? Not to leave anyone out, so many good researchers on here. Sleuth's Services required! LOL

 

[SpiderFalcon]

Could you please tell us who the previous judge was, now that they've changed to Judge John Judge?

I looked through most of the previous court documents, and I don't know who he may have replaced?

TIA, I can't keep track of whether it's a change in judges, or just a new judge assigned for the arraignment?

It was Judge Megan Marshall. And that may be, that it's a new judge because of arraignment. I was wondering.

 

[Twistinginthewind]

It was Judge Megan Marshall. And that may be, that it's a new judge because of arraignment. I was wondering.

Oh, that's right, now I remember her name. Thank you !

 

[arielilane]

Thank you, @SpiderFalcon for legal doc links

This is what I gathered:

Scheduling Conference 05/22/2023 10:00 AM
Judge John Judge

Motion Hearing 05/22/2023 11:00 AM
Judge John Judge

 

[Twistinginthewind]

Thank you, @SpiderFalcon for legal doc links

This is what I gathered:

Scheduling Conference 05/22/2023 10:00 AM
Judge John Judge

Motion Hearing 05/22/2023 11:00 AM
Judge John Judge

So BK's Arraignment at 9 am, scheduling conference at 10 am (looks like they merged response to both nondissemination orders together for the media & the Goncalves family?), and then the motion hearing at 11 am.

Quick as a whip, it seems ! Or as my granny used to say, "they are going to town!"

JMO

 

[arielilane]

1. Any recording or live streaming of the proceeding is prohibited.

https://coi.isc.idaho.gov/docs/case/CR29-22-2805/051923%20REDACTED%20Order%20Regarding%20Notice%20of%20Hearing%20Zoom%20Information.pdf

IIRC, last week reporters would be allowed in so maybe tweeting too?


On May 17, this is what BE said

https://twitter.com/BrianEntin/

"Hearing set for Monday morning in Moscow, Idaho -- appears a camera will be allowed. I'll be there."

 

[arielilane]

So BK's Arraignment at 9 am, scheduling conference at 10 am (looks like they merged response to both nondissemination orders together for the media & the Goncalves family?), and then the motion hearing at 11 am.

Quick as a whip, it seems !

JMO

I heard 9:00 last week, but doc shows 10 am. Scheduling conference is for the gag order.

 

[I'm Nobody]

His Case has been transferred from County Court to District Court, this means a new judge. I can't figure it out, this is what it says in some articles.

But it also says in some articles that he was in District Court previously. Same Court House.

Then there are Circuit Courts which might be the same thing as County Court.

Sounds like something @10ofRods or @Cindizzi could figure out? Not to leave anyone out, so many good researchers on here. Sleuth's Services required! LOL

Sorry I'm not 10ofRods. Here's what I found:

Misdemeanors are tried by magistrate judges in the magistrate division of the district court, and felonies are tried by district judges.....

At 1st court arraignment
At 1:30 min. Judge Marshall explains rights to BK: if court finds probable cause ( at Prelim replaced by PC Hearing) he will be bound over/referred to District Court. At that time in District Court BK can enter plea of not guilty, and have a jury trial set within six months of his appearance in District Court.




District Courts
District courts and district court judges have jurisdiction over civil and criminal cases. They decide cases involving the most serious criminal cases, felonies, and typically hear civil cases where the amount of money in dispute exceeds $10,000.

Magistrate Division
Magistrate judges hear less serious criminal matters, known as misdemeanors, and can handle civil cases where the amount of money involved does not exceed $10,000. Magistrate judges also hold preliminary hearings to determine whether to bind over and send a defendant to the district court for trial on a felony charge.

https://isc.idaho.gov/overview.pdf

First arraignment full hearing

 

[Deleted member 718]

This article from January kind of explains the change in judges although some things have changed with the Grand Jury. Has Judge Judge made a statement on the gag order?

Kohberger Preliminary Hearing set for June

MOSCOW - A week-long hearing has been scheduled to determine if Bryan Kohberger will be bound over on murder charges for allegedly killing four University of Idaho students.

www.bigcountrynewsconnection.com

• Jan 12, 2023

MOSCOW - A week-long hearing has been scheduled to determine if Bryan Kohberger will be bound over on murder charges for allegedly killing four University of Idaho students.

The 28-year-old former Washington State University student made an appearance in Latah County Second District Court in Moscow on Thursday morning. During the status conference, the court scheduled a week for Kohberger’s preliminary hearing. The proceeding is scheduled to begin on June 26th. During the hearing, the Latah County Prosecutor’s Office will lay out its case against Kohberger. Magistrate Judge Megan Marshall will then decide if there is enough evidence to have Kohberger bound over on the charges. If Kohberger is bound over then the case moves up to the higher court presided by Judge John Judge. That would be followed by an arraignment. After Kohberger enters a plea Prosecutor Bill Thompson has 60 days to decide if he will seek the death penalty.

 

[Sister Golden Hair]

I understand why people may be upset with a public defender who defends a (potential) murderer.

RSBM, not arguing, just stating this:

I guess I don't understand. It's not personal. It's a professional duty. That's literally the job of the public defender - and the way our legal system works. The 4th, 5th and 6th amendments especially exist because of outrageous abuse so IMO, it's important to have both sides empowered to do a good job. It just seems wrong to me to hate on the person who has a pretty thankless position who is fullfilling duties required under the US and States' laws.

Also, we don't even know that BK is guilty, and though he probably is, I want BARD plus some. I also want both sides to abide by the rules, and I want a fair trial on all sides.

Even SG wants to make sure they've got the right guy. If he can be objective enough to want that, then it seems the rest of us should respect that IMO.

__________________

On a related note but not in response to the above, for those unfamiliar:

I know that there may be some that cheer the volumes of potential evidence the prosecution will have to sort through now that there is no PH.

Maybe.

But there are a number of reasons not to rejoice about that IMO.

For one, a sense of fair play is essential, and anything that seems to lack integrity or professional respect is not a good thing for either side. Rules of professional conduct address data dumping, hiding relevant information in volumes of information, etc., and in some cases, the courts have required the prosecution to remedy the situation by providing more detailed records. The statements in the state's third response to discovery did not fill me with glee. Instead, those statements raised red flags. Also, it's the taxpayers who will pick up the tab for all of that overtime required. Another thing not to bring joy.

For those who might want more information, here are a couple of approved links, plus a search on legal dirty tricks gets more information. Not that I'm saying the prosecution in this case would stoop to a legal dirty trick. I'm just saying that search will get you to information about why this is not a great thing for either side.

Fight for Your Right to Get Usable Data in Discovery

The production of documents as large combined PDF (Portable Document Format) documents is the modern-day equivalent of a discovery data dump. We have all experienced the receipt of several 1,000+ page PDF documents in response to discovery in a matter, with each PDF containing a combination of...

www.natlawreview.com

NACDL - From the President: Unable to Bear the Weight of the ‘Document Dump’: A Heavy Burden on Individuals

"...these expenses are not only burdensome but also prohibitive, and they have constitutional implications. When individuals lack the resources to pay for meaningful access to discovery, their right to due process, right to confront witnesses, and right to meaningful assistance of counsel are all being substantial limited."

BK seems to have exceptional counsel that will cost the taxpayers $$$. Not all defendants are so lucky. Not all defendants are guilty. And not all PDs have so many resources. IMO it's important to understand the implications of these legal plays.

 

[U.N. Known]

RSBM, not arguing, just stating this:

I guess I don't understand. It's not personal. It's a professional duty. That's literally the job of the public defender - and the way our legal system works. The 4th, 5th and 6th amendments especially exist because of outrageous abuse so IMO, it's important to have both sides empowered to do a good job. It just seems wrong to me to hate on the person who has a pretty thankless position who is fullfilling duties required under the US and States' laws.

<snipped>

I understand because a lot of people forget or don't know how our judicial system is supposed to work. Many people are influenced by MSM or worse SM, both of which tend to side with the victim(s) and promote sensationalism rather than objective reporting of facts.

That doesn't mean I agree, but I understand how those influences affect rational thinking.

 

[Twistinginthewind]

This article from January kind of explains the change in judges although some things have changed with the Grand Jury. Has Judge Judge made a statement on the gag order?

Kohberger Preliminary Hearing set for June

MOSCOW - A week-long hearing has been scheduled to determine if Bryan Kohberger will be bound over on murder charges for allegedly killing four University of Idaho students.

www.bigcountrynewsconnection.com

• Jan 12, 2023

MOSCOW - A week-long hearing has been scheduled to determine if Bryan Kohberger will be bound over on murder charges for allegedly killing four University of Idaho students.

The 28-year-old former Washington State University student made an appearance in Latah County Second District Court in Moscow on Thursday morning. During the status conference, the court scheduled a week for Kohberger’s preliminary hearing. The proceeding is scheduled to begin on June 26th. During the hearing, the Latah County Prosecutor’s Office will lay out its case against Kohberger. Magistrate Judge Megan Marshall will then decide if there is enough evidence to have Kohberger bound over on the charges. If Kohberger is bound over then the case moves up to the higher court presided by Judge John Judge. That would be followed by an arraignment. After Kohberger enters a plea Prosecutor Bill Thompson has 60 days to decide if he will seek the death penalty.

I haven't seen, and don't think there would be a statement necessarily, on the gag order(s) from Judge John Judge on this case, just the court documents filed (posted above) in which one of them describes the State has decided to merge the 2 non-dissemination orders into one (media and Goncalves family), scheduled for a merged scheduling hearing at 10 am on Monday.

Thanks for pulling the narrative up from Jan. 12th, @gliving, that explains how Judge John Judge will be the judge going forward, instead of Megan Marshall, because BK has been bound over on the charges per the indictment from the GJ,

JMO

 

[DizzyB]

Dateline is saying that BK purchased the KaBar and the sheath on Amazon before he left for school in Pullman??

 

[arielilane]

Thank you, @DizzyB, for the update. I'm not watching Dateline.

 

[wary]

Dateline is saying that BK purchased the KaBar and the sheath on Amazon before he left for school in Pullman??

Keep giving us updates! I’ve thought all along that proof that he owned a knife of that type, and somehow ‘lost’ it, would be damning.