Standing silent does not mean that a suspect is admitting guilt to the crimes they are accused of committing.
Correct. No insanity defense, but it is considered a mitigating circumstance.But Idaho doesn't have a NGRI:
TITLE 18
CRIMES AND PUNISHMENTS
CHAPTER 2
PERSONS LIABLE, PRINCIPALS AND ACCESSORIES
18-207. MENTAL CONDITION NOT A DEFENSE — PROVISION FOR TREATMENT DURING INCARCERATION — RECEPTION OF EVIDENCE — NOTICE AND APPOINTMENT OF EXPERT EXAMINERS. (1) Mental condition shall not be a defense to any charge of criminal conduct.
Section 18-207 – Idaho State Legislature
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
Mr. Gray's statements (in bold) IMO demonstrate why the gag order should continue for him as a family attorney.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.”
What is the evidence of that or better yet, the reason to stall? He's incarcerated without bail; he has no reason to delay because he's in jail regardless. He and AT must have discussed the plea and the speedy trial or not decision beforehand. If the intent of standing silent was to stall, why moments later, suggest a speedy trial?Gotta say, I predicted this...as a way to stall the inevitable, "unable to work with counsel". BK has nothing but time now, so stalling is the new game. I will say, there is no way there will be a trial in October. BK will want new counsel, they get time, on and on..
And I believe the situation in your post is certainly a justified use of the Alford plea. Has it been established that you must stand silent at arraignment in Idaho in order to later invoke the Alford plea?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.
Mr. Gray's statements (in bold) IMO demonstrate why the gag order should continue for him as a family attorney.
What is the evidence of that or better yet, the reason to stall? He's incarcerated without bail; he has no reason to delay because he's in jail regardless. He and AT must have discussed the plea and the speedy trial or not decision beforehand. If the intent of standing silent was to stall, why moments later, suggest a speedy trial?
He is a gaslighter. MOO he wanted to unsettle her, shake her up. Cause her to feel unsure of herself.BK's silent self indulgent gesture in court today reminds me of...
BK's chatting up the female traffic cop, "so next time I should back out of the intersection"?
I think he's just a "look at me" kind of guy, not being able to create interest in ways normal people would.
Para: Hi I'm Brian. Where do you live?
27 year old Brian's brain (guessing here): maybe if I stare at that blonde gal 10 tables away for 15 minutes she'll go out with me.
He is a gaslighter. MOO he wanted to unsettle her, shake her up. Cause her to feel unsure of herself.
It would certainly be useful to know if that is established. Perhaps @PrairieWind knows?And I believe the situation in your post is certainly a justified use of the Alford plea. Has it been established that you must stand silent at arraignment in Idaho in order to later invoke the Alford plea?
Have any talking experts from MSM said anything re Alford Plea option yet?But Idaho doesn't have a NGRI:
TITLE 18
CRIMES AND PUNISHMENTS
CHAPTER 2
PERSONS LIABLE, PRINCIPALS AND ACCESSORIES
18-207. MENTAL CONDITION NOT A DEFENSE — PROVISION FOR TREATMENT DURING INCARCERATION — RECEPTION OF EVIDENCE — NOTICE AND APPOINTMENT OF EXPERT EXAMINERS. (1) Mental condition shall not be a defense to any charge of criminal conduct.
Section 18-207 – Idaho State Legislature
He is a gaslighter. MOO he wanted to unsettle her, shake her up. Cause her to feel unsure of herself.
And one, being educated lawyers, could/would be expecting.My own thinking is that the grand jury was a game-changer at the moment because it impacted strategy for the defense and available time going forward. I don't think the grand jury necessarily had a "beyond a reasonable doubt" case presented to them. Remember the saying that a grand jury can indict a ham sandwich. I think this step circumvented the strategy of the defense team, but was probably a good move for the prosecution. JMO.
Edits to clarify.
There was no silent self indulgent gesture. BK's attorneys had him remain silent instead of voicing a plea.The judge gave his plea as not guilty. This is a strategic move because the State has 60 days to decide if they want to file the DP. It gives the defense a little more to work with. Because of potential DP it was best way to plea.I missed that! Can anybody clarify what the silent self-indulgent gesture was?
As before, I wouldn't be surprised if this was a strategic move. But I'm still unclear on what strategic aim it would serve.There was no silent self indulgent gesture. BK's attorneys had him remain silent instead of voicing a plea.The judge gave his plea as not guilty. This is a strategic move because the State has 60 days to decide if they want to file the DP. It gives the defense a little more to work with. Because of potential DP it was best way to plea.
Chanley Painter of Court TV said when he looked briefly at the galley, he locked eyes with her. She said it was very unsettling. She’s been reporting on this case from beginning. She is very striking. Think he knew who she was? He also locked eyes with the woman next to her.He is a gaslighter. MOO he wanted to unsettle her, shake her up. Cause her to feel unsure of herself.