I was searching to see if a particular article had been posted here in the past, and I came across a post from @North_Idaho_Nony that had a few interesting links. Two of them I was unaware of (being kicked out of a police program in high school, and stealing his sister's phone).
The incident with stealing sister's phone is probably what the stipulation relates to in the latest summary of filings. Both P and D appear to agree this shouldn't be included as trial evidence. Probably on basis of prejudicial; ie too long ago and can't be shown to be relevant to the current crime. Just my conjecture.
In the US, it is considered unconstitutional to impose the DP on a person with an intellectual disability as of 2002 (Atkins v Virginia) because it is a cruel, unreasonable and excessive punishment for someone who has diminished personal culpability. Not all people with autism have intellectual disability, however, most genes that are related to autism do cause intellectual disability (ID). 70% of people with Autism have ID and the remaining 30% have some degree of ID which may be less pronounced, but still exists. IMO, for this reason alone the DP should be automatically removed from this case, in fact the prosecutor should never have put the DP on the table to begin with. I'm going to assume BT did not know BK is allegedly on the spectrum. However, Idaho has fixed their legal definition of ID as being an IQ of 70 or less which is not a medically accurate way to define ID. JMO.
The Death Penalty Information Center (DPI) is a national non-profit organization whose mission is to serve the media, policymakers, and the general public…
The Death Penalty Information Center (DPI) is a national non-profit organization whose mission is to serve the media, policymakers, and the general public…
Intellectual disability (ID) and Autism Spectrum disorder (ASD) are the most common developmental disorders present in humans. Combined, they affect between 3-5% of the population. Additionally, they can be found together in the same individual ...
On June 20, 2002, the U.S. Supreme Court ruled in Atkins v. Virginia that executing people with intellectual disabilities violated the Eighth Amendment prohibition against cruel and unusual punishment, overruling its Penry v. Lynaugh decision in 1989. The difference, according to the Court, was...
By Ruth Brown, Idaho Reports A decision by the Idaho Commission of Pardons and Parole on Tuesday led to the stay of an Idaho man’s execution, and at least bought him some time. The Commission granted Gerald Pizzuto Jr. a commutation hearing, which they will take up in November. His June 2...
I'm sure BK's IQ is above 70.Jmo but he was pursuing higher education after all. As the word spectrum indicates imo ASD can manifest in various ways and there are varying severities of symptoms. I don't think intellectual disability as technically defined by State of Idaho will form any part of defense's arguments here. Just in my opinion.
I'm sure BK's IQ is above 70.Jmo but he was pursuing higher education after all. As the word spectrum indicates imo ASD can manifest in various ways and there are varying severities of symptoms. I don't think intellectual disability as technically defined by State of Idaho will form any part of defense's arguments here. Just in my opinion.
Thoughts:
It's an unfortunate name
Doesn't matter how many people they put on it
No one can say he didn't have enough representation and that they didn't try everything short of "The Aliens from Plan 9 from Outer Space did it."
I guess my questions would be was BK Diagnosed with ASD before he was charged with this crime or is this something that has recently come to light? Has he been tested of late? Did he get funding for his schooling because of this Diagnoses because he has a disability? Does he receive SSD? So many questions. What criteria has he met to be Diagnosed? If anyone knows?
Yeah, that's not going to fly here at all. He does not have diminished culpability due to any mental health condition we are aware of, and certainly doesn't appear to have an intellectual disability.
He knew exactly what he was doing, and knew that it was wrong. This isn't come mentally ill person breaking into a house and stabbing a bunch of people to death on whim. This was incredibly well planned and executed, and would take someone with at the very least, above average intelligence to pull it off.
I'd be very surprised if he didn't do incredibly well on an IQ test.
I'm just stating the facts of the law. There is no way to know what BK's condition is without significant medical tests. It is wrong to assume he's normal enough even when he has a high IQ. We just don't know much about him at all. People with autism tend to be crime victims more than people without. If he is innocent or guilty, did someone who knew him take advantage of him? We just don't know.
Completely agree. And now is that time. You are one of the posters that I most look forward to reading because Its very apparent you do your research and have a great grasp on this case. I have learned a great deal about this case reading your posts. Thank you Megnut.
I'm just stating the facts of the law. There is no way to know what BK's condition is without significant medical tests. It is wrong to assume he's normal enough even when he has a high IQ. We just don't know much about him at all. People with autism tend to be crime victims more than people without. If he is innocent or guilty, did someone who knew him take advantage of him? We just don't know.
I'm just stating the facts of the law. There is no way to know what BK's condition is without significant medical tests. It is wrong to assume he's normal enough even when he has a high IQ. We just don't know much about him at all. People with autism tend to be crime victims more than people without. If he is innocent or guilty, did someone who knew him take advantage of him? We just don't know.
He's by all accounts, an academically accomplished and intelligent man. I mean, did someone plant his DNA? Did someone buy him a white Hyundai to drive? Did someone make him go out for a drive that very night, at a time he would leave his apartment if he was the killer? Did they make him power his phone off for an extended period of time, to include the entire murder window? Did they make him return to his apartment at a time consistent with him being the killer?
Anybody who breaks into a residence and attacks defenseless victims is going to have some defects. Of character, of personality. That he planned it, potentially for months if not longer, shows intelligence, discipline, comprehension.
Whatever unnatural charm he may possess is quickly devoured by his remarkable unlikability.
The sad truth -- he was likely fully in his right mind during the planning, commission and aftermath of this brutal crime cluster.
I have a Grandson who is Autistic. And for much of his life was nonverbal with a host of other factors that play into his disability. So if this is one of BK D teams attempt to pull some other tricks out of their bag to throw at the wall to see if it will stick just makes me kind of sick to my stomach. JMO!
I'm just stating the facts of the law. There is no way to know what BK's condition is without significant medical tests. It is wrong to assume he's normal enough even when he has a high IQ. We just don't know much about him at all. People with autism tend to be crime victims more than people without. If he is innocent or guilty, did someone who knew him take advantage of him? We just don't know.
Imo if a diagnosis of ASD is found admissible then it will only relate to the punishment phase of the trial. BK is pleading not guilty as far as we know. He has affirmed at every juncture when asked that he understands the charges against him. He is not pleading NG by way of ASD (which is not possible under Idaho statute anyway, see post below), or that he was taken advantage of or anything like that IMO. He could, I suppose, mount such a defense by getting up on the stand and saying 'I was taken advantage of' and start naming names but that kind of speculation seems entirely far fetched to me personally. I really doubt it. No indication that this is the way Defense is going for guilt phase of trial. Moo
The latest hearings just reinforce that his defence is attempting to argue innocence/ he had nothing to do with crime/ does not acknowledge knife sheathe etc and so forth. Moo
Diagnosed autistic plus various other forms of neurospicy, managed today to get up, yet again, and go about my day without breaking into anyone else's home in the middle of the night and murdering people. Just like the last forty three years.
ALSO, manage to engage with and consciously consume true crime daily with the understanding that it's a genre that cannot exist without harm to others. Still have no urge to murder, still have a deep desire to be as ethical in my consumption of the genre as is possible.
Now, I'm not a low empathy autistic person, but my mother is. She's been an active primary school teacher for almost fifty years. Still teaching in her early seventies. Also obeys the law, also has never murdered anyone.
BK has a concept and understanding of morality and socially acceptable behaviour. He wouldn't have got to his level of education specialising in crime without it. Autistic people live and work and exist in society every day with varying degrees of integration, intelligence, empathy, and social connections. They make choices every day. Not every autistic person loves rules, but a lot do, because it's a stable framework to interact with the world.
By all we know, BK understands what his choices mean. That means the law should reflect that in how it deals with him.
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