4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #101

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  • #881
  • #882
State's response to MIL 11 --

Defense doesn't intend to challenge that it's BK's DNA on the sheath. They're going from the angle that someone else had possession of it.

P.13.

My question: when the trial rolls over to the DP sentencing phase, will BK remain jailed where he's been?

I hear prison calling.

JMO
 
  • #883
State's response to MIL 11 --

Defense doesn't intend to challenge that it's BK's DNA on the sheath. They're going from the angle that someone else had possession of it.

P.13.

My question: when the trial rolls over to the DP sentencing phase, will BK remain jailed where he's been?

I hear prison calling.

JMO
Yup, it's his DNA, both sides agree on that.

Glad that door is officially closed.
 
  • #884
  • #885
GAAAAAH, how 'bout a heads up before posting those woolly boogers sheesh. LOL

Just look at them a lot to develope a tolerance… Thanks for admitting they are a bit prominent. No question many jurors will agree in my opinion.
 
  • #886
He needs to plea.
 
  • #887
Just look at them a lot to develope a tolerance… Thanks for admitting they are a bit prominent. No question many jurors will agree in my opinion.
wonder if he will walk into court room with thin brows
 
  • #888
  • #889
wonder if he will walk into court room with thin brows

If noticeably thin the jury may get suspicious. Looks like guilt trying to hide something. Prosecutors will have his license photo. Prominent forehead, prominent eyebrows, white male, tall not short, athletic (license says 180 pounds) but not stocky. No way to spin this. Those are the facts and what the witness told LE. I am assuming the witness did not mention a man of color. My assumption.

2 Cents
 
  • #890
Yeah, that's not gonna happen. He will plead not guilty, and be convicted, and then it will be tied up in appeals for years. JMO
I do believe he will be offered a plea deal. But as it has been posted many time in this thread,(He thinks he's the smartest person in the room, In this case the court room).I don't believe he will except one. Might still be a little far out for that too take place though. JMO
 
  • #891
Yeah, that's not gonna happen. He will plead not guilty, and be convicted, and then it will be tied up in appeals for years. JMO

After he is found guilty he will have a complete separate trial with the same jurors called the Penalty Phase Trial. This is required in the constitution for all DP defendants. In I think all but one state all 12 jurors must vote guilty for the defendant to get the DP.

If he gets the DP there will be appeals for probably 10 to 20 or more years. If he gets LWOP I believe he will appeal but I think there is more of a limit and wouldn't go on for 20 years. The DP is different, appeals are specialized and more complicated I think.

During the Penalty Phase Trial the prosecution presents all the aggravated factors for a death sentence and the defense presents all the mitigating factors for LWOP. Having autism evidently will be a defense mitigating factor. Autism has come up in the Motions filed recently.

The death penalty was imposed because the prosecution already presented aggravating factors to get the DP imposed. No doubt they will add more in the Penalty Phase Trial.

Here is how they got Bryan put under the DP:


Prosecutors had said in court filings that there are four aggravating factors in the case against Kohberger, who turns 30 on Thursday, making the crime more severe and meriting the death penalty. They are that there are multiple victims; that the murders were "especially heinous, atrocious, or cruel"; that the suspect exhibited "utter disregard for human life"; and that the suspect has "a propensity to commit murder which will probably constitute a continuing threat to society," according to the filing.
 
  • #892
Yeah - i was more commenting on the need to finely slice every detail of the case as if the defendant hadn't metaphorically left his photo ID at the scene

He needs to plea.
Remember chandler Halderson. He pled not guilty then had his attornies offer no rebuttals or cross examinations.
He just want to see the crime pictures.
 
  • #893
State's response to MIL 11 --

Defense doesn't intend to challenge that it's BK's DNA on the sheath. They're going from the angle that someone else had possession of it.

And more specifically, that "Instead of challenging the conclusion that the DNA on the knife sheath belonged to Defendant, the defense’s expert disclosures reveal that the defense plans to argue the DNA on the knife sheath does not prove Defendant was ever at the crime scene and the knife sheath itself could have been planted by the real perpetrator."
 
  • #894
I do believe he will be offered a plea deal. But as it has been posted many time in this thread,(He thinks he's the smartest person in the room, In this case the court room).I don't believe he will except one. Might still be a little far out for that too take place though. JMO

By not entering a plea, and by "standing silent", which meant that the judge entered a plea of not guilty, BK left the door open to changing his plea to guilty, in exchange for getting the DP removed from the case. I'm not sure that the state would offer to do that, as he is charged with four especially brutal murders., and the state has what, at least most of us feel is a very strong case. I also do not see BK offering to plead guilty even if they did. JMO
 
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  • #895
And more specifically, that "Instead of challenging the conclusion that the DNA on the knife sheath belonged to Defendant, the defense’s expert disclosures reveal that the defense plans to argue the DNA on the knife sheath does not prove Defendant was ever at the crime scene and the knife sheath itself could have been planted by the real perpetrator."

Like I said, touch DNA is actual skin cells left behind and very reliable. This is DNA not coming from blood or saliva etc...But from the perpetrator's own skin cells having touched an object directly.

This means that the defense is confirming to the jury that, yes, this is BK's DNA. However, the defense will need to show there is some form of evidence of a different perpetrator being involved. All they have is theory but so far I see no evidence of any other perpetrator's involvement.

This seems to be just theory and the jury needs proof in some form.

No wonder the defense wants to mitigate BK's sentence with autism and is desperate to get the DP dismissed. There is no real defense it looks like. I wouldn't be surprised if they have tried to get him to plea but he refuses.

2 Cents
 
  • #896
By not entering a plea, and by "standing silent", which meant that the judge entered a plea of not guilty, BK left the door open to changing his plea to guilty, in exchange for getting the DP removed from the case. I do not see the state offering to do that, as he is charged with four especially brutal murders., and the state has what, at least most of us feel is a very strong case. I also do not see BK offering to plead guilty even if they did. JMO

Maybe this is possible but extremely rare. Most prosecutors will dismiss the DP for guilty pleas. The family still gets a sentencing hearing where they hear the defendant plead guilty in open court then they get to make victim impact statements and then the judge would make a statement and sentence him to LWOP.

Really a win win.

A trial is to prove guilt but a trial to prove guilt is simply not necessary when the defend already admits guilt. So it would be unusual if Bryan wants to plead guilty but the State of Idaho refuses to accept his guilty plea to 4 murders and Burglary.

I think there are a handful of defendants who were put on trial despite wanting to plead guilty but it makes little sense. The families would see BK appealing for 20 years on death row but BK cannot appeal with a guilty plea. He gives up his right to appeal and it is over. Maybe one or 2 appeals of his LWOP sentence but then it is over.

2 Cents
 
  • #897
He needs to plea.
No way will this wanna be criminologist plea. He thinks he's smarter than the average bear. He'll go with not guilty and tie up the courts for YEARS to come...
M00
 
  • #898
wonder if he will walk into court room with thin brows
He'll do what he can to make them always smaller and thinner. It's like the time they had Casey Anthony wear pink into the trial.
 
  • #899
Yeah, that's not gonna happen. He will plead not guilty, and be convicted, and then it will be tied up in appeals for years. JMO
Exactly!
 
  • #900
I am wondering if there are videos from various businesses that could show where BK would go on the previous trips to Moscow area?
 
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