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

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  • #601
This leaves open the possibility of an Alford plea, I suppose.

IMO
 
  • #602
Oct 2 830 am pst trial date
 
  • #603
Looking forward to an explanation of “standing silent.” Any strategic reason for it?
 
  • #604
Kohberger is in the courtroom now in an orange jail-issued outfit next to his attorney Anne Taylor. Judge John Judge of Idaho’s 2nd Judicial District Court is reading the charges against him: four counts of first-degree murder and one count of felony burglary in the homicides.

 
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  • #608

Stand Mute Definition​

At an arraignment, a defendant is asked how they plead to the crime(s) charged against them. The defendant can plead guilty, not guilty, or stand mute. Standing mute means a defendant does not take a stance on being guilty or not guilty; they remain silent. Standing mute or remaining silent has the same effect as pleading “not guilty” because a judge or magistrate will enter a not guilty plea on the defendant’s behalf.


@PrairieWind

I wonder if BK insisted on "standing silent" and his attorney had no choice to go along with his decision, or if the attorney recommended this plea, or even agreed with him to stand silent.
 
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Do we know if BF was interviewed by the defense yet, as was agreed upon?
 
  • #611
Here's one reason:


Arraignment

Arraignment is a court proceeding where the defendant is formally charged with a crime. It is a short hearing lasting no more than just a few minutes. At the arraignment hearing, Attorney Fogt will acknowledge the charges (the Indictment), enter a plea of "Not Guilty" or "Respectfully Stand Mute" and address bond if needed.

The reason why attorneys will "Respectfully Stand Mute," when entering a plea for his client is to preserve the ability to plead "Not Guilty by Reason of Insanity" and/or to preserve the right to determine whether or not his client is competent to stand trial. This action has NO detrimental effect on a client's case whatsoever. It is typically done out of abundance of caution.
 
  • #612
October 2, 2023 at 8:30am start of the trial is scheduled. BK stood silent. Judge Judge entered the Not Guilty plea.
Court date has been set, but I think those of us who have followed cases like this before all know that isn't going to happen. I will be surprised if it goes to trial by Oct 2, 2024. I would bet Oct, 2025 is more likely. JMO
 
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  • #613
Looking forward to an explanation of “standing silent.” Any strategic reason for it?
Or is this BK's decision to thumb his nose at the process and his attorney, Anne Taylor, had no choice but to go along with it?

Or maybe it was strategic?
 
  • #614
I wonder what the defendant's and defense attorneys' "standinng silent" means. Why do they not enter a plea of not guilty? I assume there is precedent, and that it has some legal significance. They didn't say "your honor, my client will not enter a plea at this time." But instead, they "stood silent." Will be interesting to hear what this means in terms of legal position.
I remember reading on here recently the defendant has a certain time limit to enter his plea, does not have to be at the arraignment, even though future hearings and trial date etc can be set at arraignment hearing. MOO. Could that be it?
 
  • #615
Court date has been set, but I think those of us who have followed cases like this before all know that isn't going to happen. I will be surprised if it goes to trial by Oct 2, 2024. I would bet Oct, 2025 is more likely. JMO
Same. I also still think the trial will be moved.
 
  • #616
Watch.

IMO the defense will immediately begin the process of delaying the trial.

Seen it a million times.
 
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Or is this BK's decision to thumb his nose at the process and his attorney, Anne Taylor, had no choice but to go along with it?

Or maybe it was strategic?
My guess would be that he just didn't want to say anything and this is what his attorneys were left with. I suppose it could be to try to preserve some later claim of insanity, but I don't really see that. I don't think its overly important either way.
 
  • #619
Looking forward to an explanation of “standing silent.” Any strategic reason for it?
MOO allows him more time not to directly lie.
 
  • #620
Court date has been set, but I think those of us who have followed cases like this before all know that isn't going to happen. I will be surprised if it goes to trial by Oct 2, 2024. I would bet sometime in 2025 is more likely. JMO
Probably, but there's a first time for everything.
 
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