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

[Sister Golden Hair]

Certainly no offense taken, SGH. I understand the legality of it and the drive to live as well. But I'm an old fart, brought up to be strong enough to stand by my ingrained convictions.
And I imagine if I were innocent and found myself in his position, I would feel like it's too akin to lying to stand mute. Even more so if it would be to only my own benefit to do so. As I age, I do see more gray areas of rights and wrongs in life choices, but not so much here.

OTOH IGI -- it's definitely hard to be objective in certain cases. OTOH, I would contend that BK essentially did plead Not Guilty, but he did not speak for good reason IMO. For one thing, there's no way he could have said the words "not guilty" in just the "right" voice. No matter what he'd said or how he'd said it or the tone he'd used, it would have been held against him by many, so silence might be the better choice.

Also, from an objective standpoint, I don't see it as lying to stand mute, but I'm afraid many do. That's unfortunate (and not meant as criticism here), but it's one of our most important rights, so for silence to be interpreted as guilt (or not not guilty enough), that makes the right to remain silent meaningless at a minimum, or even worse, equal to guilty. That's my issue with the way standing silent is being misconstrued by many. We have the 5th Amendment for a reason. It's also the reason I want to see really clear evidence in this case and either BARD way above and beyond or Not Guilty in equally convincing manner. JMO

 

[Dotta]

"In a noticeable omission, the family of the slain 21-year-old refrained from thanking the hearing's presiding judge, after he flubbed Kaylee's first name."

Bryan Kohberger arraignment RECAP: Suspect to stand trial in October

Here was DailyMail.com's coverage of Bryan Kohberger 's arraignment Monday, where a judge entered a not guilty plea on his behalf after he failed to enter his own.

www.dailymail.co.uk

 

[Nila Aella]

• 05/19/2023 Motion Requesting Release Of Grand Jury Materials Under Qualified Protective Order
• 05/19/2023 Motion to Enlarge Time to File Pretrial Motions
• 05/19/2023 Motion To Make Available the Record of All Proceedings of the Grand Jury
• 05/19/2023 Order to Enlarge Time to File Pretrial Motions

 

[Deleted member 718]

• 05/19/2023 Motion Requesting Release Of Grand Jury Materials Under Qualified Protective Order
• 05/19/2023 Motion to Enlarge Time to File Pretrial Motions
• 05/19/2023 Motion To Make Available the Record of All Proceedings of the Grand Jury
• 05/19/2023 Order to Enlarge Time to File Pretrial Motions

Ms Taylor is requesting to have the Grand Jury proceedings unsealed. Interesting.

 

[TL4S]

Ms Taylor is requesting to have the Grand Jury proceedings unsealed. Interesting.

Does that mean the public could see it then? Defense would see it automatically, wouldn't they?

 

[Deleted member 718]

Does that mean the public could see it then? Defense would see it automatically, wouldn't they?

I fail at legalese but it seems Ms Taylor would like to read the proceedings. I thought she would already have access to this.

 

[PrairieWind]

Ms Taylor is requesting to have the Grand Jury proceedings unsealed. Interesting.

That would not be unusual. She is entitled to see that.

 

[Sundog]

Does that mean the public could see it then? Defense would see it automatically, wouldn't they?

No, just the prosecution, defense team, expert witnesses and officers of the court - according to the motion that @Nila Aelia posted above.

 

[PrairieWind]

Does that mean the public could see it then? Defense would see it automatically, wouldn't they?

No. I'm sure it varies from jurisdictions but here the Defense has to actually file a motion to get those released. But they are still not public.

 

[Nila Aella]

I fail at legalese but it seems Ms Taylor would like to read the proceedings. I thought she would already have access to this.

Looks like she needs an order from the judge to access it under a protective order. IANAL
The judges order regarding pretrial motions does mention 30 days once the D gets the grand jury materials.
MOO

https://coi.isc.idaho.gov/docs/case/CR29-22-2805/051923%20Order%20to%20Enlarge%20Time%20to%20File%20Pretrial%20Motions.pdf

 

[schooling]

Defense team just wants to get the inevitable over and done with. Plea deal. They have the goods. IMO. Far beyond what we've seen so far.

If Dateline is correct in their reporting about the Amazon KaBar purchase...add another coincidence to the pile of coincidences. We've moved from Powerball winning ticket probabilities to an asteroid softly landing on earth and paralleling parking on a NYC street, levels of probability.

MOO.

 

[BeginnerSleuther]

Everything I've read on social media today makes me really fear the path our legal system is going down. It used to be, people could exercise their Constitutional rights and it was actually expected, whether they were guilty or not. Now, anything short of BK opening his arms wide and saying "I'm guilty, I want to die" in open court will be criticized. The guy's trial hasn't even started yet and he gets intense hate for not entering a plea. Had he pleaded guilty or not guilty, he'd also get hate, IMO. There's nothing he could do at this point. He's been tried and convicted by social media.

I don't know, but I really hope no one I care about is ever arrested for anything because it seems indictment = loss of all rights in the court of public opinion. It's really sad to see.

If the gag order is lifted, I'm not sure he could get a fair trial in this country, let alone in Idaho.

MOO.

 

[BeachSky]

Do we know if Kohberger is shackled? He seems to have an odd gait in that video.

Trial date set for Kohberger in University of Idaho student homicides; plea entered

Kohberger appeared in a Latah County court Monday for his arraignment.

amp.idahostatesman.com

Dressed in a bright orange jail outfit with “PRISONER” in black on his back, Kohberger sat with his ankles shackled before Judge John Judge of Idaho’s 2nd Judicial District Court.

 

[I'm Nobody]

No. I'm sure it varies from jurisdictions but here the Defense has to actually file a motion to get those released. But they are still not public.

Idaho Criminal Rule 6.2. Transcript of Grand Jury Proceedings
Availability of Record of Grand Jury Proceedings. The district judge, by motion, must permit the following persons to listen to the record of the proceedings of the grand jury or to obtain a transcript of the proceedings in the same manner as a transcript of a preliminary hearing:
2) a person charged in an indictment or the attorney for the person charged,


Looks like the way Idaho does release of GJ recordings is by motion.


JMO

I.C.R. 6.2. Transcript of Grand Jury Proceedings | Supreme Court

isc.idaho.gov

 

[Balthazar]

I think I find BK's standing silent plea distasteful because it indicates a willingness to game the system to his best advantage.
He's the only one alive who knows if he is guilty or innocent. And if he feels he can't share his choice between guilty and not guilty then that indecision only opens the door to more questions in my opinion.
It brings to my mind his statement that he ". . . is eager to be exonerated . . ." which doesn't seem to go hand in hand with standing silent.
Obviously very moooo - and probably makes it obvious to all who read why I struggled so with my one and only law class.

Moscow murder suspect Bryan Kohberger 'eager to be exonerated'

Seven months ago, a man with the name Bryan Kohberger conducted a study on Reddit asking people who've been arrested to share their thoughts on committing crimes.

www.ktvb.com

IMOO: Sometimes a defendant who takes an Alford plea is one who has no memory of committing the crime or at least alleges that s/he has no memory of committing the crime. The defense has to provide significant proof that this is true in order to have an Alford plea considered, however. The judge and the prosecutor would have to decide if an Alford plea is warranted IF that is what the defense proffers. But we DO NOT know what plea will be proffered yet, just as we don't know if this is a Death Penalty case yet. All we know is that the defense chose to make a strategic move today to keep all defense options on the table. I'm certain this was advised by Anne Taylor and BK really has little say if he wants to keep her as his attorney. She has to defend her client vigorously and she is responsible for the defense theory and we don't know what that is yet. So I don't want to speculate much outside of what are facts in this case so far.

Now we wait to find out if this will be a death penalty case. And we will learn if an Alford plea will be proffered or some other plea in time.

 

[BeachSky]

"In a noticeable omission, the family of the slain 21-year-old refrained from thanking the hearing's presiding judge, after he flubbed Kaylee's first name."

Bryan Kohberger arraignment RECAP: Suspect to stand trial in October

Here was DailyMail.com's coverage of Bryan Kohberger 's arraignment Monday, where a judge entered a not guilty plea on his behalf after he failed to enter his own.

www.dailymail.co.uk

I see he grew his bushy eyebrows back!

 

[SteveP]

Everything I've read on social media today makes me really fear the path our legal system is going down. It used to be, people could exercise their Constitutional rights and it was actually expected, whether they were guilty or not. Now, anything short of BK opening his arms wide and saying "I'm guilty, I want to die" in open court will be criticized. The guy's trial hasn't even started yet and he gets intense hate for not entering a plea. Had he pleaded guilty or not guilty, he'd also get hate, IMO. There's nothing he could do at this point. He's been tried and convicted by social media.

I don't know, but I really hope no one I care about is ever arrested for anything because it seems indictment = loss of all rights in the court of public opinion. It's really sad to see.

If the gag order is lifted, I'm not sure he could get a fair trial in this country, let alone in Idaho.

MOO.

I understand your sentiment, but social media will not convict BK. A jury of his peers will, if he is convicted, after hearing evidence presented in a trial. And I assure you, he will be able to get a fair trial in Idaho, and I dare say in Latah County. You would perhaps be surprised how very many people seem completely oblivious to everything going on around them, and who never watch or read news. I see it on every thread we follow here. Heck, judging from how badly the judge mispronounced not only Kaylee's name, referring to her as "Kayla", and never pronounced Xana's first name correctly, and stumbled repeatedly over her last name, I almost had the sense he had never heard of these people before today. Kohberger will get a fair trial, and imo, will be convicted by an impartial but informed jury. JMO

 

[Megnut]

My speculation but....

I wonder how many times BK has "stood silent" watching girls/women sleep.

I suspect he started in his own home.

And sought to master it into adulthood.

Reinforcing his fantasy of supreme power.

JMO

 

[BeginnerSleuther]

I understand your sentiment, and do not totally disagree, but social media will not convict him, a jury of his peers will, if he is convicted, after hearing evidence presented in a trial. And I assure you, he will be able to get a fair trial in Idaho, and I dare say in Latah County. You would perhaps be surprised how very many people seem completely oblivious to everything going on around them, and who never watch or read news. I see it on every thread we follow here. Heck, judging from how badly the judge mispronounced not only Kaylee's name, referring to her as "Kayla", and never pronounced Xana's first name correctly, and stumbled repeatedly over her last name, I almost had the sense he had never heard of these people before today. Kohberger will get a fair trial, and imo, will be convicted by an impartial but informed jury. JMO

I disagree, especially in Latah County. I actually think even the prosecution would be crazy to hold the trial there. Too much community trauma, regardless of whether or not they know the gory details.

 

[I'm Nobody]

I see he grew his bushy eyebrows back!
View attachment 423956

I thought his bushy eyebrows looked trimmed today.

I love what BK's done with his hair.....he's letting it grow into a steel wool scrubbing pad. Gotta love jailhouse barbers. Can hardly wait to see his shaved head mug shot.

JMO