4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #82

[arielilane]

Judge said the term 'gag order' is "distasteful"

https://twitter.com/x/status/1667271020020137994

 

[Nila Aella]

Bradley Rudley is a prosecuting attorney: Chief Civil Deputy Prosecuting Attorney

https://www.zoominfo.com/p/Bradley-Rudley/-1849736500

 

[Cool Cats]

I'm surprised BK was allowed to wear civilian clothes to this hearing? Is this the norm in ID?

This is normal in every single State.

Normally this Motion is filed by the Defense:

DEFENDANT'S MOTION TO PERMIT ACCUSED TO APPEAR IN CIVILIAN CLOTHING AND WITHOUT RESTRAINTS AT ALL PROCEEDINGS

This includes WITHOUT RESTRAINTS which means VISIBLE RESTRAINTS. In other words the jury and the public are not allowed to see the restraints. No handcuffs, no belly chains, no ankle cuffs.

What is normally done, and I assume is being done with BK, is that he is likely wearing a Shock Vest under his civilian clothing.

Here is a judge's decision in another murder case I followed:

Concerning the Defendant's attire for Court appearances, the Court previously granted that portion of Defendant's Motion that requested that the Defendant be permitted to appear in appropriate civilian clothing for all proceedings in this action.

The Court took under advisement the Defendant's request to appear in court without restraints.
Subsequently, the Sheriff was able to obtain use of a restraining device (Shock Vest) that is not visible outside the Defendant's clothing.

Pike County Court

www.pikecountycourt.org

https://cpcourt.pikecounty.oh.gov/eservices/searchresults.page?x=OfIpfE5-cBiPnNelncwLAa*2t1w4jCu*TVyJk*6NaV4176cbyuM*esbiQQMP6nWoqDuPB4kiLlfeM7YwqrkTxQ

I do not know if in Idaho this CIVILIAN CLOTHING MOTION is required to be filed. I do not know if BK's attorneys filed it.

Maybe in some States the defendant can just automatically wear civilian clothing for all pretrial and trial and post trial appearances.

 

[BeginnerSleuther]

I'm surprised BK was allowed to wear civilian clothes to this hearing? Is this the norm in ID?

I believe it's the case nationally.

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

Estelle v. Williams

supreme.justia.com

 

[arielilane]

"There's alot of misinformation and disinformation out there about this case, and that is concerning," said John Judge.

https://twitter.com/x/status/1667271671269720066

 

[arielilane]

I totally agree. But I don't know if Gray knows the proper place of families in it all. If he's been practicing as long as he claims and making a decent living, he can't be as clueless as he seems at times per reporters' tweets, I guess. (It's not just grandstanding although I think he's doing that too.)

For example, Emma Epperly's account says Gray said the prosecution "should be representing the families." Well, no, that's not really true. And Gray shouldn't tell families that it is. The DA represents "the state."

For example, after getting "caught" re: his claim the state hadn't talked to the Goncalves when he was actually blocking that, Jordan Smith's account says Gray then said in court "Nothing precluded the prosecution from contacting my clients well before I started representing them.” What??? I'm not sure exactly when Gray showed up but he was definitely on the job representing the Goncalves in mid-Dec. Why would the DA talk to the family then? Nobody had even been arrested. Saying that made no sense and didn't get Gray off the hook. And per press reports, LE had talked to them. More than once.
JMO

Excellent post. In regards to your 2nd paragraph, imo, I believe many people may not know this truth.

 

[arielilane]

“This was going heavy well before Mr. Kohberger’s arrest. There was a lot of speculation, criticism, bad information... That would trigger for any lawyer to try to protect the integrity of the investigation and the future court process," Judge Judge said.

https://twitter.com/x/status/1667272983831019521

 

[I'm Nobody]

I'm surprised BK was allowed to wear civilian clothes to this hearing? Is this the norm in ID?

He's trying to look innocent. Might influence potential jurors if "prisoner" is written on his shirt. JMO

Lori Vallow’s defense attorney Mark Means filed a motion asking that she be allowed to wear “street” clothing during her court appearances. GRANTED, but she had to provide them; "as long as they are 'solely provided by the defendant.' ” IMO meaning NOT taxpayers.
"A study from Cornell University found that “juries convict attractive people less often.” According to another study, defendants wearing prison attire are convicted at a higher rate.

'An image of a person in an orange prison jumpsuit may elicit contentions that he or she is in fact guilty because they are already depicted as a prisoner,' the Winona State University study states."

'Motion Regarding Clothing:' Why do Lori Vallow’s looks matter in court?

Vallow request to wear ‘street clothes’ is granted

www.postregister.com

 

[arielilane]

I need to issue a correction. Bradley Rudley is the chief civil deputy prosecuting attorney for the Latah County Prosecutors Office. He was sitting on the side of the defense in the earlier hearing, leading me to believe he represented Kohberger. My mistake.

https://twitter.com/x/status/1667271785786802185

 

[girlhasnoname]

This is normal in every single State.

Normally this Motion is filed by the Defense:

DEFENDANT'S MOTION TO PERMIT ACCUSED TO APPEAR IN CIVILIAN CLOTHING AND WITHOUT RESTRAINTS AT ALL PROCEEDINGS

This includes WITHOUT RESTRAINTS which means VISIBLE RESTRAINTS. In other words the jury and the public are not allowed to see the restraints. No handcuffs, no belly chains, no ankle cuffs.

What is normally done, and I assume is being done with BK, is that he is likely wearing a Shock Vest under his civilian clothing.

Here is a judge's decision in another murder case I followed:

Concerning the Defendant's attire for Court appearances, the Court previously granted that portion of Defendant's Motion that requested that the Defendant be permitted to appear in appropriate civilian clothing for all proceedings in this action.

The Court took under advisement the Defendant's request to appear in court without restraints.
Subsequently, the Sheriff was able to obtain use of a restraining device (Shock Vest) that is not visible outside the Defendant's clothing.

Pike County Court

www.pikecountycourt.org

https://cpcourt.pikecounty.oh.gov/eservices/searchresults.page?x=OfIpfE5-cBiPnNelncwLAa*2t1w4jCu*TVyJk*6NaV4176cbyuM*esbiQQMP6nWoqDuPB4kiLlfeM7YwqrkTxQ

I do not know if in Idaho this CIVILIAN CLOTHING MOTION is required to be filed. I do not know if BK's attorneys filed it.

Maybe in some States the defendant can just automatically wear civilian clothing for all pretrial and trial and post trial appearances.

Thanks for this. I thought they were only allowed to wear civilian clothing during trial in front of the jury. I definitely agree appearing in Oranges could subconsciously sway a juror.

 

[arielilane]

Wendy Olson representing media: "I would be stunned if this case goes to trial on October 2nd." She's right. If they file for the death penalty, each side has to do a lot more work to find mitigators and experts for a death case.

https://twitter.com/x/status/1667274380542631936

 

[arielilane]

Olson: "We know Mr Kohberger and his counsel have a tremendous interest in fighting for his freedom and likely fighting for his life."

https://twitter.com/x/status/1667274510230499329

 

[Cool Cats]

Thanks for this. I thought they were only allowed to wear civilian clothing during trial in front of the jury. I definitely agree appearing in Oranges could subconsciously sway a juror.

Me too.

I used to think the civilian clothing was only for trial but I learned from watching pretrial hearings that the civilian clothing applies for all court appearances. Pretrial - trial - post trial - and yes for the sentencing also.

 

[arielilane]

Coalition attorney arguing about the public's interest to ensure they are following the case & discovering how the judicial process works. Essentially maintaining transparency that can only be done by a free and fair press.

Lawyer representing the media coalition says she understands why the parties are concerned about Kohberger's 6th amendment rights to a fair trial. But argues there are other tools the court has, beyond the "over-broad" non-dissemination order, that can ensure that.

https://twitter.com/x/status/1667273637102252032

 

[arielilane]

Olson says publicity in general doesn't always mean it's prejudicial -- she said the things the prosecution are accusing Kohberger of "are not flattering." But just because it's not flattering doesn't mean its going to prejudice the case, she said.

https://twitter.com/x/status/1667275785659621376

 

[arielilane]

"There has to be prejudicial pre-trial publicity, publicity that could prejudice Kohberger's right to a fair trial." "There is no reason to believe that publicity in general is prejudicial... but some of the things that people are hearing may not be all that flattering to the State...or to Mr. Kohberger."

https://twitter.com/x/status/1667275415575212032

 

[arielilane]

Judge is granting request for testimony / evidence presentation by the defense and media coalition in re: gag order

https://twitter.com/x/status/1667276950786945025

 

[arielilane]

During the hearing, #BryanKohberger sits with his elbows are the arm rests of his chair, intently watching the speakers... I haven't seen him chat or jot notes or anything with his attorneys while in the courtroom...he is stoic

https://twitter.com/x/status/1667274533106249729

 

[Cindizzi]

https://twitter.com/x/status/1667271267148529664

https://twitter.com/x/status/1667274028158169089

https://twitter.com/x/status/1667276757299515392

 

[Smelly Squirrel]

Why is he allowed to wear a suit already?

ETA: I see above this has been answered that it's allowed in most places. Though I am used to seeing defendants in jail uniforms until trial. I guess a lot of them don't bother to request it.