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

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It's hard to conclude anything based on stand silent approach. Probably just keeping his/their options open.

The real interesting part is the gag order arguements.
I was trying to get clarification earlier on what is going on re the gag today. There were differing expectations floating around. I think it might just be a scheduling conference to schedule a hearing for the two merged motion hearings (Goncalves and 🤬🤬🤬 Press et. al.). MOO.

ETA: second in brackets is "Associated" Press. I short-handed to the other word for donkey and got censored. LMHO.
 
  • #705
Is this how it is usually described? First Murder count doesn't say "stabbed," but we can assume it applies to all four?

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.
First count was just burglary
 
  • #706
I have to say, "silent treatment" did pop into my mind. MOO. And whatever the reasons for this move, I'll only note that "silent treatment" (as popularly understood) is text-book manipulation tactic 101. MOO

From a psychological standpoint, that's a huge stretch. That would be like saying that if someone doesn't talk to police, they're giving the "silent treatment." The defendant has certain rights under the law and exercising those rights isn't equal to manipulation, IMO.
 
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From a psychological standpoint, that's a huge stretch. That would be like saying that if someone doesn't talk to police, they're giving the "silent treatment." The defendant has certain rights under the law and exercising those rights isn't equal to manipulation, IMO.
It's just MOO. And I meant as popularly understood- which is when it is used as a manipulation. If someone is just being silent and not giving "the silent treatment" then they are just being silent for other non-manipulative reasons. MOO
 
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Dozens are in line ahead of Kohberger’s arraignment here in Moscow this morning. I’ll be in the courtroom providing updates this morning.


The line continues to grow, it’ll be a jam packed courtroom. We will be able to live tweet from the court room today - but no live video or audio is permitted.

We have just been seated in the court room - cameras are up and ready to go as the rest of the seating is filled in. I’ll be updating this thread as the hearing progresses.

The Goncalves family has just taken their seats as well, here for their daughter Kaylee.

Kohberger has just entered the court room - no eye contact with the rest of the room. He shot a quick smile at his attorney. We are underway.

The Goncalves family not looking away from Kohberger

John Judge, Latah county district judge, is addressing Kohberger. Briefly recapping his rights, and the charges against him.

Kohberger when asked if he understands his rights: “Yes, I do.”

Judge is the charges of first degree murder in the deaths of Ethan, Kaylee, Maddie, and Xana against Kohberger. The Goncalves family, has yet to look away.

Kohberger is flipping through his indictment as the charges are being read.

One at a time, he was asked if he understood each charge. “Yes.”

Kohberger will be standing silent, the judge has entered a not guilty charge on his behalf.

The state has 60 days to seek the death penalty, if they so choose.

Kohberger’s attorney has asked to set this trial on the very outskirts of the parameters in which a speedy trial would take place. She has asked for an October trial date, estimating it could be a 4-6 week trial.

We are adjourned - Kohberger has been escorted out of the room. The trial is set for Oct. 2nd
 
  • #711
https://twitter.com/JordanSmithKXLY

Kohberger back in court for scheduling hearing.

Judge has requested to hear arguments for and against cameras being allowed in the courtroom for such a high profile case.

There is discussion for when a hearing on the gag order would take place. June 27 at 1:30 pm is being tossed around. But Shannon Gray, an attorney representing the Goncalves family, is requesting an earlier, separate hearing. The earliest date available is June 9

The hearing to discuss the gag order is scheduled for June 9 at 10:30 am in person. Associated Press would like their concerns addressed “as soon as possible.”

“Irreparable harm goes both ways,” said Judge in response to the AP saying this gag order violates the first amendment. “I would suggest the AP tone it down a bit.”


 
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“My job, my constitutional responsibility is to consider all of the potential irreparable harms or all the injuries.” “We all have constitutional responsibilities to both the 1st amendment and 6th amendments. When I read the paper, there is no discussion of the 6th amendment.”

Judge Judge has set the Goncalves family gag order hearing for Jun. 9 at 10:30a. The Associated Press's hearing is scheduled for the same day at 1:30p.

 
  • #715
Judge says AP/Media coalition needs to “tone down” their challenge to the gag order.

There are 2 different issues happening in court right now with the Kohberger gag order. 1- the Goncalves attorney wants clarity so he can speak on behalf of his clients,. 2- the media coalition is fighting for more public information/less strict gag order.


 
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First count was just burglary
Yes, but the first murder count, for MM, is worded differently than the other three murder counts. I was just surprised the four murder counts weren't all worded the same.

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.
 
  • #718
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

The first person to mention it here on WS for this case was, I believe, @mickey2942 and there was some discussion on this same thread or the one before - two nights ago, I think.

An Alford plea requires a distinction between "legal plea" (which is what was entered into the record today as Not Guilty) and "admission of guilt." The defendant pleads Guilty but refuses to admit guilt and instead says, "While I believe and stipulate that there is enough evidence to convict me, I maintain my innocence."

Then, there is no trial and no possibility of a DP.

Judge sentences defendant to LWOP as that's all that remains as a possible sentence in Idaho. The Judge must agree that there's enough evidence to convict the defendant. This usually results in appeals that require higher authorities to review the evidence and agree that it was sufficient to convict.

Fascinating, if that's where they are going.

IMO.
 
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