4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #103

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  • #781
I do not believe that BK will ever admit guilt in the murders of Maddie, Kaylee, Xana, and Ethan, and I fully believe that he wants this trial to play out in the public eye, but when the inevitable end draws nigh, I wonder if an offer of an Alford plea, in order to avoid the death penalty, if it is still on the table, will be floated by his attorneys, accepted by him, and made to the court? For anyone who may not know what it is, an Alford plea is a type of guilty plea where a defendant acknowledges the evidence against them is strong enough to lead to a conviction, but they still maintain their innocence. An Alford plea does not automatically prevent an appeal, but it can limit the grounds for appeal. An offer of an Alford plea does not have to be accepted by the court. I do not really believe one will be offered in this case, nor do I believe one would be accepted by the court. I think the state's case is very strong, and anything short of an admission of guilt and signs of real remorse by BK will not have any impact on the state proceeding full speed toward a conviction on all counts JMO
 
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  • #782
Trial starts August 11, 2025. I notice that the State of Idaho schedules trials for "high profile" cases in spring and summer months.

Lori Vallow Daybell trial date: April 3, 2023.

Chad Daybell's trial date: April 10, 2024.

Honestly, I don't see this as a "coincidence". Anyone who has tried to fly to Idaho in the winter, driven there, or been to Idaho in the winter months can probably attest to the extreme winters Idaho can have. No point in a high profile trial in Idaho, in January, when it can be snow, ice, wind and frigid temps.
 
  • #783
Trial starts August 11, 2025. I notice that the State of Idaho schedules trials for "high profile" cases in spring and summer months.

Lori Vallow Daybell trial date: April 3, 2023.

Chad Daybell's trial date: April 10, 2024.

Honestly, I don't see this as a "coincidence". Anyone who has tried to fly to Idaho in the winter, driven there, or been to Idaho in the winter months can probably attest to the extreme winters Idaho can have. No point in a high profile trial in Idaho, in January, when it can be snow, ice, wind and frigid temps.
Well, with this one the judge was determined to avoid summer. As I recall he said he was worried about "hardships" for potential jurors who had kids out of school. So technically this is a fall trial.

You are probably right about the risks of scheduling lengthy trials in the dead of winter. Plus since this trial was moved, lots of the legal folks will be commuting.
MOO
 
  • #784
No bombshell documents today. Mostly requests for and judge orders for sealing exhibits.

Only one of note IMO -- Defendants Amended Notice/Objection to States MIL, RE Text Messages -- Defense Expert to look at BF and DM's phone use.

Reading between the lines, looks like AT ways to show that certain activity on their phones require operator input, guessing the State is saying they're internal or scheduled functions.

JMO
 
  • #785
I do not believe that BK will ever admit guilt in the murders of Maddie, Kaylee, Xana, and Ethan, and I fully believe that he wants this trial to play out in the public eye, but when the inevitable end draws nigh, I wonder if an offer of an Alford plea, in order to avoid the death penalty, if it is still on the table, will be floated by his attorneys, accepted by him, and made to the court? For anyone who may not know what it is, an Alford plea is a type of guilty plea where a defendant acknowledges the evidence against them is strong enough to lead to a conviction, but they still maintain their innocence. An Alford plea does not automatically prevent an appeal, but it can limit the grounds for appeal. An offer of an Alford plea does not have to be accepted by the court. I do not really believe one will be offered in this case, nor do I believe one would be accepted by the court. I think the state's case is very strong, and anything short of an admission of guilt and signs of real remorse by BK will not have any impact on the state proceeding full speed toward a conviction on all counts JMO
I don't think an Alford plea OR any other reason to take the death penalty off the table will be acceptable to some family members. Despite what they seem to think, families don't get to vote on whether plea deals are offered nor do they vote on whether the DP is an option for punishment. But in this case, if anything was announced that wasn't "full speed ahead, DP on the table" I think they'd be very loud in their protests. And I doubt the DA wants to deal with that.
MOO
 
  • #786
From the recent Motions filed by Defense:

Looks like they have an expert witness (JR) to testify Re: Amended File Objection to States MIL: Text Messages and Testimony for DM and BM, which I assume is a typo and they meant BF? If not BF, who is BM?

They're coming in hot against DM's communications. What is AT trying to prove or suggest here I wonder other than DM in an unreliable witness?

https://coi.isc.idaho.gov/docs/CR01...+to+States+MIL+RE+Text+Messages+Testimony.pdf

JMO
 
  • #787
From the recent Motions filed by Defense:

Looks like they have an expert witness (JR) to testify Re: Amended File Objection to States MIL: Text Messages and Testimony for DM and BM, which I assume is a typo and they meant BF? If not BF, who is BM?

They're coming in hot against DM's communications. What is AT trying to prove or suggest here I wonder other than DM in an unreliable witness?

https://coi.isc.idaho.gov/docs/CR01...+to+States+MIL+RE+Text+Messages+Testimony.pdf

JMO
I didn't even catch that -- has to be a typo, right?

Here's my theory: some activity on each girl's phone is due to operations each is performing. Sending texts, attempting calls, engaging with apps. The flurry of activity in the morning IMO is largely about social media, looking for signs of electronic life for the roommates who aren't responding to texts/calls. However, I think there's additional activity that does not require manual input and was not initiated by them.

Possibly discrepancies between when something was sent and when it was received, or a scheduled event -- like adding a contact. Perhaps that started as a request at a very different hour, another person accepted it at a time which then confirmed the contact, without additional action from the requesting person.

The State IMO will show that DM and BF were awake until a time, awakened at another time, active on their phones around 4 am, messaging and calling. Then asleep for a time before waking, and resuming attempts to locate their roommates.

While the Defense may want to give an impression that they were awake and using their phones all night, in a fresh attempt at squelching any excited utterances.

It won't work IMO.

JMO
 
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  • #788
  • #789
  • #790
I do not believe that BK will ever admit guilt in the murders of Maddie, Kaylee, Xana, and Ethan, and I fully believe that he wants this trial to play out in the public eye, but when the inevitable end draws nigh, I wonder if an offer of an Alford plea, in order to avoid the death penalty, if it is still on the table, will be floated by his attorneys, accepted by him, and made to the court? For anyone who may not know what it is, an Alford plea is a type of guilty plea where a defendant acknowledges the evidence against them is strong enough to lead to a conviction, but they still maintain their innocence. An Alford plea does not automatically prevent an appeal, but it can limit the grounds for appeal. An offer of an Alford plea does not have to be accepted by the court. I do not really believe one will be offered in this case, nor do I believe one would be accepted by the court. I think the state's case is very strong, and anything short of an admission of guilt and signs of real remorse by BK will not have any impact on the state proceeding full speed toward a conviction on all counts JMO

If I was the state I absolutely would not accept an Alford plea. If was the victim’s families I would fight hard for the state not to accept an Alford plea.
If BK wants the death penalty to disappear, he has to confess and accept responsibility for planning and carrying out these murders. He has to sit down with LE and detail how it all happened. This statement will be released to the public after sentencing. BK will NOT be allowed to detail things live in court where he can relive it all and exult in it, like BTK.
 
  • #791
If I was the state I absolutely would not accept an Alford plea. If was the victim’s families I would fight hard for the state not to accept an Alford plea.
If BK wants the death penalty to disappear, he has to confess and accept responsibility for planning and carrying out these murders. He has to sit down with LE and detail how it all happened. This statement will be released to the public after sentencing. BK will NOT be allowed to detail things live in court where he can relive it all and exult in it, like BTK.
If he's interested in his own longevity, he should take his cue from Ridgway. But he is probably too arrogant to take on board tactics from a killer with a low eighties IQ.

MOO
 
  • #792
A defendant can't be forced to wear "jail clothes" to court once a trial starts except under narrow circumstances (e.g., the offense was committed while in jail.) The US Supreme Court spoke on this issue decades ago. Forcing a defendant to wear jail clothes violates the 14th Amendment re: due process. And it is well-known that wearing jail/prison clothes tends to convey guilt. The effects of attire on perceptions of others has been well-researched.

The motion for no jail clothes was definitely NOT a "Hail Mary" effort on AT's part. Any attorney, even a semi-competent one (& IMO AT is more than semi-competent), would do the same if representing a jailed defendant. Further, it is necessary to object to the court if the jail supplies only jail clothes in order to establish a Constitutional violation. Objecting after the fact won't do it.

Estelle v. Williams, 425 U.S. 501 (1976)

MOO

I agree jail clothes off limits... but I was just being facetious.
 
  • #793
From the recent Motions filed by Defense:

Looks like they have an expert witness (JR) to testify Re: Amended File Objection to States MIL: Text Messages and Testimony for DM and BM, which I assume is a typo and they meant BF? If not BF, who is BM?

They're coming in hot against DM's communications. What is AT trying to prove or suggest here I wonder other than DM in an unreliable witness?

https://coi.isc.idaho.gov/docs/CR01...+to+States+MIL+RE+Text+Messages+Testimony.pdf

JMO

Probably she is looking at selling reasonable doubt on the time of the murders in that DM was confused when or what she heard and why she waited until the morning to report it.

This is another dead end street IMO, the prosecutor will layout the scene... dark, late night out, unknowingly had murders in house when it may have just seemed people are loud.

The implication will be that she was drunk and therefore cannot be trusted as a witness.
 
  • #794
If I was the state I absolutely would not accept an Alford plea. If was the victim’s families I would fight hard for the state not to accept an Alford plea.
If BK wants the death penalty to disappear, he has to confess and accept responsibility for planning and carrying out these murders. He has to sit down with LE and detail how it all happened. This statement will be released to the public after sentencing. BK will NOT be allowed to detail things live in court where he can relive it all and exult in it, like BTK.

Here is a strange thought. What if BK insisted to his defense, against their advice, to testify???

We all know that would not be good but it might be a chance for him to profess his innocence.. right before he gets convicted.

It's hard to believe anyone would be so arrogant and stupid to do this... but you never know
 
  • #795
when I look at Z and M , I see two sweet little bunny rabbits, they radiate positivity.
 
  • #796
Here is a strange thought. What if BK insisted to his defense, against their advice, to testify???

We all know that would not be good but it might be a chance for him to profess his innocence.. right before he gets convicted.

It's hard to believe anyone would be so arrogant and stupid to do this... but you never know

there is nothing new about psychopaths wanting to defend themselves..bounce on over to the Lori Vallow trial..she is queen of the circus over there. mOO
 
  • #797
  • #798
With ALL the documents dumped, in M00, its almost like an admission. "We're not saying he did it, but he has, such and such which results in such and such and may result in someone committing murder." 🥴

We don’t even know that he’s been formally diagnosed. All the defense has said is that he shows characteristics of a person with such and such... smh
 
  • #799
With ALL the documents dumped, in M00, its almost like an admission. "We're not saying he did it, but he has, such and such which results in such and such and may result in someone committing murder." 🥴

We don’t even know that he’s been formally diagnosed. All the defense has said is that he shows characteristics of a person with such and such... smh

Wait. Right.

The defense would need proof from a professional that BK has Obsessive Compulsive Disorder and Autism and/or whatever it is they are using for mitigation against the death penalty.

2 Cents
 
  • #800
The fact that the live roommates didn’t call police wouldn’t make BK any less guilty on its own.

Even if those texts are BF or DM telling her dad “I think my roommates are dead” before calling police, has nothing to do with BK's guilt. M00

The answer is, that drunk college kids aren’t the best at evaluating situations. There’s not some real, super satisfying answer for anyone. It’s plain and simple going be “we didn’t know the extent of what was happening” and there’s really not any way to prove if that was really their perception or not.

Besides, they don’t need a satisfying answer to the drunk young girls not immediately knowing their friends were murdered to prove that BK is guilty.

I mean Nita Neary, a member of Chi Omega who was returning to the sorority house the night of the Ted Bundy attacks, also had reported seeing a man come down the stairs and exit the front door.

She was able to give a good, strong description. Nita Neary did meet with an artist and drew a sketch of the person that she saw leaving the Chi Omega house. ... It looked like Mr. Bundy. But the point is she didn't call the police. Once LE arrived she did report seeing a man come down the stairs and exit the front door.
 
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