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

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  • #721
  • #722
No Kohberg family present?

Judge did mention Zoom. Reporters haven't mentioned family being there. I'm imagining they watched via Zoom, but if so, we probably won't know it. Two reporters said the room was packed and it was hard for them to see everyone.

IMO.
 
  • #723
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.
Thank you for the catch up @10ofRods
 
  • #724
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.”

“There’s a lot of irreparable harm that is affecting the media. This is a very high profile case.” Judge concluded

“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.”

Goncalves family hearing is 10:30 am on June 9. The hearing with the AP is also on June 9, scheduled for 1:30pm.

Shannon Gray has just left the courtroom.

Content that a hearing has been scheduled.

Adjourned once again. Kohberger has been escorted out of the court room.
 
  • #725
Why does the Goncalves family have their own attorney involved in this case? The State has standing as the prosecution. So, why does the victim's family have an attorney involved? And really, what is her role here?

 
  • #726

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.
Looked like an offensive "in your face" gesture to the victim families, imo. Who cares if it's within his rights. I hope it is widely seen in whichever jurisdiction the jury is drawn from. I can't wait until the governor rejects his last appeal from death row. <modsnip>

Imo
 
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  • #727
  • #728
Looked like an offensive "in your face" gesture to the victim families, imo. Who cares if it's within his rights. I hope it is widely seen in whichever jurisdiction the jury is drawn from. I couldn't hold him in any more disrespect than I already do, can't wait until the governor rejects his last appeal from death row. <modsnip>

Imo

Exercising his Constitutional rights should not sway a jury and if it does, then I have even greater concerns about our judicial system than I did before.

MOO.
 
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  • #729
https://twitter.com/JordanSmithKXLY


Statement from Shannon Gray, representing the Goncalves family: "The family would like to thank everyone for continuing to follow this case and keep the memories of Kaylee, Maddie, Xana and Ethan alive. They are what is important not the Defendant.

We are thankful that the Latah County District Attorneys Office finally took the case to a GJ and came back with an indictment. At the same time we are disappointed that the judicial process has not been more efficient in addressing the Gag order.

This is just the beginning of a long journey for all the families and we are thankful for your continued support and coverage.”


 
  • #730
  • #731
Looked like an offensive "in your face" gesture to the victim families, imo. Who cares if it's within his rights. I hope it is widely seen in whichever jurisdiction the jury is drawn from. I can't wait until the governor rejects his last appeal from death row. <modsnip>

Imo

<modsnip - quoted post was snipped>

The perpetrator is still innocent, until proven guilty in a court of law.
 
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  • #732
The motion to compel hearing is set for Jun 27.

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.

 
  • #733
Why does the Goncalves family have their own attorney involved in this case? The State has standing as the prosecution. So, why does the victim's family have an attorney involved? And really, what is her role here?

Typically the victim's family has certain rights which need to be protected:
  • To be reasonably protected from the defendant and persons acting on behalf of the defendant;
  • To prevent the disclosure of certain confidential information from being disclosed to the defendant;
  • To be informed of all court hearings and to be heard at those hearings;
  • To be able to confer with the prosecutor about the charges and any proposed settlement;
  • To be permitted to provide information to the Probation Department, who in felony cases (and sometimes in misdemeanor cases) prepares a probation report in which the Probation Department recommends a sentence;
  • To restitution;
The attorney can also help the family with the media and negotiating book deals, etc.
 
  • #734
  • #735
Exercising his Constitutional rights should not sway a jury and if it does, then I have even greater concerns about our judicial system than I did before.

MOO.
Maybe we'll be treated in closing arguments to his lawyer trying to explain, in court, his seemingly disrespectful actions, should he thumb his nose at the jury.
 
  • #736
Why does the Goncalves family have their own attorney involved in this case? The State has standing as the prosecution. So, why does the victim's family have an attorney involved? And really, what is her role here?


It's all about the gag order, IMO. I believe the Gonçalves family has issues with not getting as much info from the investigation as they would like. I also think they may have thought that they were personally under the gag order. I hope all is made clear to them, and I do understand how they must feel at not being able to know exactly what happend (what the evidence is) about the murder of their daughter.

IMO.
 
  • #737
  • #738
Looked like an offensive "in your face" gesture to the victim families, imo. Who cares if it's within his rights. I hope it is widely seen in whichever jurisdiction the jury is drawn from. I can't wait until the governor rejects his last appeal from death row. <modsnip>

Imo

There’s been talk of it being done for strategic reasons, but no one has yet cited a case where someone pled ‘not guilty’ early on, and lost options because of that.

On the other hand, you could probably fill a few football stadiums with people who pled ‘not guilty,’ and then plea-bargained.

Idaho doesn’t even have a ‘not guilty by reason of insanity’ plea, I believe.

BK and his attorneys don’t seem to be making any effort to say that he’s not competent to stand trial. Would a plea of ‘not guilty’ even get in the way of that?

So, I think that his choice may well be ‘emotional’—done for his satisfaction.
 
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  • #739
I recognize that a bulletproof vest adds bulk but it appears BK is not withering.

I'm not surprised.

IMO he lives in his head and jail is no inconvenience to him. He's quite comfortable there. No demanding academics to juggle, no professional authority to cow to, no annoying students to look down on, no haughty women to disdain. Alone with his thoughts, free to get his basic needs met, free of charge and with zero contribution or effort by him.

It's exactly what you might expect from someone who was masquerading as a future criminal justice expert but was actually a brooding, burgeoning murderer.

I don't think he wanted to study killers. I think he knew he was one.

JMO
 
  • #740
It's all about the gag order, IMO. I believe the Gonçalves family has issues with not getting as much info from the investigation as they would like. I also think they may have thought that they were personally under the gag order. I hope all is made clear to them, and I do understand how they must feel at not being able to know exactly what happend (what the evidence is) about the murder of their daughter.

IMO.
Unfortunately that’s usual practice for victims families in murder cases, right?
 
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