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

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  • #641
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  • #642
BK is visibly reacting to the charges—-looking down for awhile….eyes blinking at other times. Fidgeting. Vein? Throbbing on right cheek or jaw clinching?
 
  • #643
DBM
 
  • #644
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?

Perhaps waiting to find out what happens at the motion to compel hearing later this morning. JMO.
 
  • #645
Interesting point. Such as denial and/or to express arrogance/contempt? MOO

Exactly, and MOO too. And I made a silly typo in the heat of the moment. The second ‘Not Guilty’ should of course be ‘Guilty.’ My apologies.
 
  • #646
A defendant can change their plea at any time, is that correct?
Pretty much at any time throughout the trial as the defendant is hearing the case against them being presented.

I believe they can change their plea any time up until the case goes to the jury, however if it's that late in the game it could be perceived as a last ditch effort to just save their own neck from the DP, and I'm not sure the judge has to accept it.
 
  • #647
Exactly, and MOO too. And I made a silly typo in the heat of the moment. The second ‘Not Guilty’ should of course be ‘Guilty.’ My apologies.
No need for apologies! It's a very interesting point as to why he would stay silent. It kinda makes me angry, like he's fence sitting or something, opportunistically. MOO
 
  • #648
But if he pled ‘Not Guilty,’ wouldn’t he have an equal chance to change it to ‘Guilty?’ It seems to me that ‘standing silent’ is likely to be done for emotional reasons.
Pretty sure it will be defendant / defence strategy, no emotion involved.
 
  • #649
Perhaps waiting to find out what happens at the motion to compel hearing later this morning. JMO.
So a kind of protest/position because the defense doesn't have all the evidence from the prosecution yet, and feels they can't enter a plea yet?
 
  • #650
Kohberger did not waive his right to speedy trial, but Taylor asked if it was possible to set the date for trial at the farthest point possible, meaning six months after his plea. This also starts a ticking clock for Latah County prosecutors to file an intent to seek the death penalty, which is within 60 days of a plea entry according to Idaho law.

 
  • #651
So a kind of protest/position because the defense doesn't have all the evidence from the prosecution yet, and feels they can't enter a plea yet?

Just thinking he may want to know how strong the defense's case is first. Is it really BARD? JMO
 
  • #652
  • #653
Pretty sure it will be defendant / defence strategy, no emotion involved.

So a kind of protest/position because the defense doesn't have all the evidence from the prosecution yet, and feels they can't enter a plea yet?
Just got home and came here to find out the news…I haven’t seen it yet, but reading that he chose to “stand silent” seems to me to be aligned with what we’ve seen of BK so far….steely demeanor, won’t give an inch.

jmo
 
  • #654
I don't think BK is swayed by or motivated by the Death Penalty. IMO he doesn't value relationships, certainly not the way that those of us who develop relationships do. He doesn't need people.

IMO he conquered relationship. Took what he wanted which was never his. There's a sick and ultimate value in that for him.

i don't think he feels shame or remorse -- those have relational value. He doesn't do relational. If he did, he'd have stopped himself long ago.

I think he feels powerful. He engineered a crime and now look at all the ripples. That is some kind of gross god complex.

Four lives cut short, innumerable lives damaged -- and he's at the center. It's a perversion --

Mark my words. He will boast of this someday.

He'd never have achieved notoriety or a name for himself as a professor or profiler or husband or father or even as a decent human being.

He found a different path.

What a hateful soul.
 
  • #655
MOO the strategic reasons are correct, but 'MOO he is also tripping on being like BTK.


The BTK reference is possible, but I would want to know first if the plea of "standing silent" is typical of certain kinds of cases, particularly life without parole and/or death penalty cases, although BTK didn't face the death penalty as it wasn't an option in Kansas at the time of his crimes.
 
  • #656
yes, Yes, YES. Y - E - S.
The national show made this claim on a Friday night. IMO, anything the family says will likely go through their lawyer and that isn't going to be accomplished on a dime.
Also, it gets more sticky. Does the family really want a public bickerfest with the press prior to BK's arraignment? What if she said something similar? She goes on the record and says "I didn't say that" will also involve her saying what she did say, which she may not want nationally broadcast. Not everyone who has something said about them is going to correct the record right away. Her feelings about her brother, whatever they are, are a very small part of the bigger picture. MOO.

The only public statement the family has made is offering condolences to the victims and saying they stand behind BK, as far as I know. If you've heard them proclaim his innocence, can you provide a link or direct me to where please?
@BeginnerSleuther

"Not everyone who has something said about them is going to correct the record right away."

Re these four tragic deaths and BK's possible guilt.

Maintaining silence on "something said" from unidentified source isn't confirmation.

Dateline is not "the record." Not the relevant record.
An unidentified source is not "the record." Not the relevant record.

Statements in COURT, admissible as evidence and subject to cross examination, are "the record."

And sometimes "corrections" are not corrections at all.
 
  • #657
No need for apologies! It's a very interesting point as to why he would stay silent. It kinda makes me angry, like he's fence sitting or something, opportunistically. MOO

Narc serial killer “silent treatment”
Drama & control, possibly a little revenge thrown in there. Don’t cha know he’s the smartest one in the room…

JMO
 
  • #658
  • #659
So a kind of protest/position because the defense doesn't have all the evidence from the prosecution yet, and feels they can't enter a plea yet?
Good characterisation IMO. And if he is staying silent in "protest", to me also smells of arraogance (MOO), because he is free to change his plea at any time and for all practical purposes he is entered as pleading NG. What difference could it make? So he can say afterwards (if exonerated) I never pleaded? I beat the system? Why not just plead NG? So perhaps there is another strategic reason? Someone mentioned Alford Plea. Sorry if this is already talked out and if so please ignore. MOO
 
  • #660

It appears that some family members are on the other side of the courtroom in two rows but there are some I haven't seen before. It's hard to see exactly from my seat. We will be turning around the video from the hearing ASAP for you on

More family members just enter the courtroom along with #KayleeGoncalves family attorney Shanon Gray. The Goncalveses have been the most vocal of all of the families of the #Idaho4. Steve and Kristi Goncalves are here. It appears there are 4 rows of family

I see #MaddieMogen's mother in one of the first two rows. The pain on the faces of the family members... I can't imagine being in their shoes

Kristi Goncalves walked up to the front row and hugged #MaddieMogen's mom. She smiled back. Very heartwarming moment. Remember, the knife sheath was found next to Maddie. The killer went to her room first. Kaylee had moved out and was there for the weekend

We are in a different courtroom from the initial appearance in January. That was in Judge Megan Marshall's court. This is Judge John Judge's courtroom - a higher court - which is in the district court. Felonies tried in district court

There is a baby in the courtroom and it's making cute gurgling, baby sounds. #KayleeGoncalves' sister had a baby in the last several months. Not sure that is her baby but certainly a possibility

#BryanKohberger and his attorney, Anne Taylor, just enter. Judge Judge is on the bench

We can only see the back of #BryanKohberger's head. Judge Judge says "we have some people on Zoom." That would be family members who couldn't travel for the hearing. An attorney is participating via Zoom

Judge Judge introduces himself. "Mr. Kohberger, you've already heard most of what I am going to tell you at your initial appearance. But it's important.”

Judge: You have a right to have a lawyer represent you. Miss Taylor and her team have already been appointed. You have a right to a speedy and public trial.

Judge: You have a right to testify in your own defense. But, you don't have to. You also have a right to silence and that can't be held against you in any way. Anything you do say, except to your attorneys, can be used against you. Do you understand? BK: Yes, I do…

BK says he understands his rights. He confirms "yes" he has a copy of the indictment in front of him. He says "yes" when asked whether his name is spelled correctly.

Judge Judge reading charges. Starts with burglary charge. Unlawfully entered a residence with the intent to commit the felony crime of murder.

Ct. 2 - Murder in the 1st degree - willfully, intentionally, and with malice aforethought murdered #MaddieMogen.

Ct. 3 - Murder in 1st degree - stabbed #KayleeGoncalves (Judge called her Kayla).

Ct 4 - Murder by stabbing Xana Kernodle - Judge has trouble pronouncing her name.

Ct. 5 - Murder by stabbing of Ethan Chapin.

Maximum penalty - up to 10 years in prison. Restitution. Fines. Counts 2-5 - Murder in 1st degree maximum penalty LWOP or Death Penalty - Prosecutors haven't yet said whether they would seek the DP

When asked whether he understands the charges, one-by-one, he says clearly and forcefully "Yes." He understands the maximum penalty. "yes." Anne Taylor says they will be standing silent when entering a plea.

Judge says because Taylor and BK are standing silent, he is entering not guilty pleas on his behalf. Anne Taylor says regarding speedy trial, she is asking Judge to set it just outside of the speedy trial limits.

Taylor says October 2023 - she believes it will take 6 weeks

Bill Thompson responds: Those trial dates are workable for the state, judge.

This is VERY interesting. Basically Anne Taylor says "we are ready to go." Trial set for * October 22, 2023

State has 60 days to let defense know whether they will seek the death penalty. Adjourned #BryanKohberger led out.

#kayleegoncalves sister just told a representative from the court it was disrespectful that Judge Judge called Kaylee Kayla. The woman said something in response and she said "I know but it's important."

CLARIFICATION: We believe Judge Judge set the trial for October 2 - not 22. Hard to hear in the back.

* cross-out and bbm done by @arielilane
 
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