GUILTY PLEA DEAL ACCEPTED - 4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #111

[Boxer]

Wish the SM media would focus on the other families.

 

[wildblue]

It is not the prosecutors' job to provide counseling for the victims' families to help them accept the criminal justice process. It's not "underhanded" to take a deal that benefits the people of Idaho, guaranteeing that BK will be in prison for life, no appeals. If you take a look at your language,"hellbent" and "underhanded" betrays your own bias against the prosecutors. If the prosecution had a favorable deal on the table, there is no reason to delay accepting that because delay opens the door to other issues, e.g., leaking to the press.

Your interpretations are based on the assumption that the families are the primary clients of the prosecution, and while they are of course important, the case was not Goncalves v. Kohberger; it's the State of Idaho v. Kohberger. There are cases in which I think the families have been treated shabbily and shamefully. This is not one of them. Less than 3 years from the killings to LWOP, no appeal. That's almost unheard of today in a major case with national attention.

SG of course has the option of filing a civil suit in which he and his family will be BK's opponent.

As I’ve said many times before, I know who the prosecutors serve and that they are free to make their decisions without families’ input but yes, I’m biased as I support victims and their families and do think courts should be mindful of how their actions further harm those suffering. And yes, I think they were treated poorly. You have your opinion and I share that of the family members in question.

 

[Jw192]

As I’ve said many times before, I know who the prosecutors serve and that they are free to make their decisions without families’ input but yes, I’m biased as I support victims and their families and do think courts should be mindful of how their actions further harm those suffering. And yes, I think they were treated poorly. You have your opinion and I share that of the family members in question.

You have repeatedly stated that you support the victims families and victims wishes, may I respectfully ask - do you mean ALL the victims and their families wishes or just the Goncalves Family and Xana's fathers?

ETA - added the surviving victims

 

[LetsSolvIt]

I can't help but wonder if going on a national social media interview and encouraging prisoners to "take care" of BK is a crime under state and/or federal law.

And for NewsNation to air this is also deplorable, it amounts to incitement - provoking unlawful behavior, i.e. provoking someone to commit murder.

I want to feel like SG was as “normal” and rational as any of us before his precious daughter was so brutally murdered. But the reality and finality of her demise is now becoming all too real for him and he’s literally coming unhinged.

My heart is so heavy for him — my prayer is that someone will be able to convince him to seek the professional and spiritual counseling he so clearly and desperately needs.

We all get it — this is his worst nightmare — I can’t imagine his pain — but he needs help. If for no other reason, he has a wife and other children who need him. IMHO.

 

[303gmf]

Wish the SM media would focus on the other families.

Seems they’re more private than SG, the media circus encouraging him isn’t helping

 

[wildblue]

You have repeatedly stated that you support the victims families and victims wishes, may I respectfully ask - do you mean ALL the victims and their families wishes or just the Goncalves Family and Xana's fathers?

ETA - added the surviving victims

As far as I know, no one has done an actual head count of all of the parents, grandparents and siblings of the 4 murdered kids, nor the two survivors or their family members. I am inclined to support most those who seem in the greatest pain, knowing that some hide it better than others and are equal in their love and grief. My heart breaks for them all but seeing how distraught SG and Kristi are is just devastating.

 

[Ghostwheel]

Similarly, in Idaho, an intentional act-- including criminal homicide-- that causes the death of an individual--a civil suit by the families would fall under the Wrongful Death Statute
(Idaho Code § 5-311).

While Wrongful Death lawsuits aim to compensate the surviving family members for the loss of their loved one, the damages recoverable in such a lawsuit are very specific, and broken down between economic, non-economic, and sometimes punitive damages.

• Economic damages: Medical bills, lost wages before death, loss of financial support after death, end-of-life care, and funeral costs
• Non-economic damages: Emotional distress, pain and suffering, or loss of companionship

In this case, the court may also award punitive damages if the responsible party’s actions were deemed oppressive, fraudulent, malicious, or outrageous.

Punitive damages serve as penalties for severe wrongdoing and may not exceed $250,000 or three times your compensatory damages, whichever is higher.

Specific to OP's question about whether a "Victim's Impact Statement" might affect the recovery in any civil suit by the family, I don't see their spoken words at sentencing, not given under oath, having any effect whatsoever in determining the economic, non-economic, or punitive damages, as described above.

However, there are two things I can think of that could affect any civil suit:

At the hearing, I recall the Judge also issuing an Order for BK to make restitution for each victim up to $50,000. I believe the Statute provides for reimbursement of the funeral costs, so families couldn't make the claim twice.

Second, and most importantly, Idaho Statute requires a wrongful death claim to be filed within two years of the individual's date of death. If no party here with standing, under the Statute, filed notice with the Court before November 13, 2024-- I believe they are time-barred from suing under Wrongful Death.

MOO

Section 5-311 – Idaho State Legislature

legislature.idaho.gov

Dumb question. How could one sue for wrongful death if the party responsible for the death hadn't been found guilty?

 

[wildblue]

I want to feel like SG was as “normal” and rational as any of us before his precious daughter was so brutally murdered. But the reality and finality of her demise is now becoming all too real for him and he’s literally coming unhinged.

My heart is so heavy for him — my prayer is that someone will be able to convince him to seek the professional and spiritual counseling he so clearly and desperately needs.

We all get it — this is his worst nightmare — I can’t imagine his pain — but he needs help. If for no other reason, he has a wife and other children who need him. IMHO.

His wife feels the same. Her latest FB post is heartbreaking but people piling on them as Kristi said, having not been in their shoes, isn’t helping and is only making it worse for them. I wish the denizens of the internet would just let them vent without condemnation and that might help in their healing.

 

[browneyes]

BBM

Interesting point. I never thought about that! I suppose if i was on a jury and the DP was the sentence, I would not be able to consider that. As most of us know, as a juror you are only able to consider the evidence and whether you the think the defendant is guilty or not guilty of the charges. The punishment is not supposed to affect your decision, which makes sense. So in this case, if I was a juror, I would have followed the legal process and have found him guilty even though I don’t believe in the death penalty. Interesting to think about.

If you were honest in voir dire about your DP feelings, you would never make it on a DP jury. IMO

 

[xjd11]

there are so many, many posts maybe I've missed it. but will BK have to elocute/speak about his crimes as part of the sentencing? I think they sometimes require that.

 

[SteveP]

Dumb question. How could one sue for wrongful death if the party responsible for the death hadn't been found guilty?

A wrongful death suit is a civil case. In an Idaho civil case, the plaintiff's evidence merely needs to out weigh the deendant's, a "preponderance of the evidence" , which means the plaintiff must prove their claims are more likely true than not. It's a standard of proof where the evidence presented must be sufficient to convince the fact-finder (judge or jury) that it's more probable than not that the plaintiff's version of events is the correct one. Essentially, it requires a showing of at least 51% certainty.

The burden of proof is far lower than 'beyond a reasonable doubt'. JMO

 

[MassGuy]

Dumb question. How could one sue for wrongful death if the party responsible for the death hadn't been found guilty?

One does not have to be found guilty or even charged in a court of law, to have a wrongful death suit filed against them.

OJ for instance was found not guilty but was found liable for wrongful death.

I’ve also seen it used as a tactic to get someone under oath prior to any criminal charges being filed. Those depositions can be used against them in future criminal proceedings.

 

[Ghostwheel]

A wrongful death suit is a civil case. In an Idaho civil case, the plaintiff's evidence merely needs to out weigh the deendant's, a "preponderance of the evidence" , which means the plaintiff must prove their claims are more likely true than not. It's a standard of proof where the evidence presented must be sufficient to convince the fact-finder (judge or jury) that it's more probable than not that the plaintiff's version of events is the correct one. Essentially, it requires a showing of at least 51% certainty.

The burden of proof is far lower than 'beyond a reasonable doubt'. JMO

I suppose what I was actually asking is, if you only have two years to file, and the case doesn't get to court for more than two years, and you can't use the evidence from the court case since it hasn't happened, how can you get a guilty on a civil suit? It's sounds all kinds of wrong to only have two years when a court case can take longer.

Or can you use the evidence from the criminal court case? I'm trying to understand where you could get the preponderance of evidence from if what you need is tied up in a criminal case.

 

[Boxer]

Seems they’re more private than SG, the media circus encouraging him isn’t helping

Yes. Agee. Their child is their focus. Healing their family as much as possible. It is sad.

At least the circus can now close down and DM does not have to have the rest of life ruined by baseless SM rumoring.

 

[MassGuy]

I suppose what I was actually asking is, if you only have two years to file, and the case doesn't get to court for more than two years, and you can't use the evidence from the court case since it hasn't happened, how can you get a guilty on a civil suit? It's sounds all kinds of wrong to only have two years when a court case can take longer.

Or can you use the evidence from the criminal court case? I'm trying to understand where you could get the preponderance of evidence from if what you need is tied up in a criminal case.

I guess they could have filed, and then had it paused until the criminal trial was over.

 

[SteveP]

there are so many, many posts maybe I've missed it. but will BK have to elocute/speak about his crimes as part of the sentencing? I think they sometimes require that.

He will likely be given an opportunity to make a statement where he may offer to express remorse, provide context, or make any other statement he may wish before the sentence is imposed. However, he will not be obligated to make a statement, and judging from the basic "yes" answers we heard at his change of plea hearing, I do not expect him to, nor frankly, would I believe much of anything he might say if he did. JMO

 

[Seattle1]

I watched the plea hearing live on Seattle's KING5 News, where the anchor was joined by former prosecutor/retired Judge Tim Bradshaw, who helped narrate and explain what was happening in Court. King5's live coverage is linked below.

But before the start of the "live-hearing," the anchor reported how the families received two letters from the state prosecutor-- the first letter outlined the terms of the plea agreement, and the second notified them that BK had accepted the offer. [YT marker 31:00 / 1:50:15]. One of King5's anchors was reportedly with Stacy Chapin when she received the letter, and that Chapin was shocked.

IMO, the informal notification to the families about such a huge decision was the beginning of the heartache, and where some-- including SG-- haven't recovered. [YT marker 24:00 / 1:50:15].

For the prosecutor not to make any effort to conduct an in-person announcement to the families seemed so disrespectful to me.

Initially, Judge Bradshaw was also very critical about how the notification went down-- also citing it "disrespectful, and not providing the dignity that these people deserve..."

Unfortunately, it wasn't until Judge H explained the timeline the Court was facing with juror questionnaires, etc., to all present, did we finally learn the basis for the quick letters, action by the State. Albeit this explanation was not before Judge H opened the hearing with a dressing down, seemingly intended for SG, for the mass volume of calls to the court and his staff-- putting the court in chaos!

Again, seems to me that putting out this important information ahead of the hearing could have gone a long way to soften the shock and dismay, and gut punch, that is still being felt across the globe!

I think listening from marker 24:00 to 34:00 gives a good perspective to understand a father, friend, or community struggling to accept the decision by the State. IMO, they're in shock and deserve patience and grace at this time. MOO

7/2/25

LIVE: Bryan Kohberger expected to plead guilty to Idaho murders​

 

[Seattle1]

It's actually $5000 per victim. I couldn't believe my ears when the judge said it.

"Hippler says Kohberger could face a fine of up to $50,000 and a period of incarceration of life in prison and a mandatory minimum sentence of 10 years on each of the counts. Bryan Kohberger pleads guilty at hearing in Idaho college student murders

He also faces a fine of up to $5,000 to each victim of the crime in the form of a civil judgment in addition to any restitution to the victims."

That's a great link for the plea hearing, thank you! I only recalled the words "restitution" and "up to $50K" so thanks for the clarification.

 

[Megnut]

I suppose what I was actually asking is, if you only have two years to file, and the case doesn't get to court for more than two years, and you can't use the evidence from the court case since it hasn't happened, how can you get a guilty on a civil suit? It's sounds all kinds of wrong to only have two years when a court case can take longer.

Or can you use the evidence from the criminal court case? I'm trying to understand where you could get the preponderance of evidence from if what you need is tied up in a criminal case.

I don't understand the time limit because sometimes people don't who caused the wrongful death until long after that little window, and even if they did suspect someone, without evidence from the parallel but slow-moving LE investigation, how would they lay the groundwork? Two years seems like an impossible standard.

JMO

 

[10ofRods]

One thing about this plea. Kohberger admitted he killed them. That would not ever happen in the trial scenario. He would be found guilty, I think 50/50 the jury would follow through with a death sentence, but that would be it.
Found guilty. He would then challenge that verdict from then on with the fiction that his rights had been violated.
His best interest would preclude him from ever admitting guilt even as being put to death.
The same SM that gives SG a platform would develop a full throttle support for Kohberger s innocence no matter how nonsensical that is, it brings clicks.
During the 18 or so appeals over time it seems predictable that one was going to work and send him back for a re-trial where the IGG DNA might be suppressed, leading to voiding of all evidence discovered due to it. That is the nightmare this plea avoided.

Great analysis, as usual. If in the penalty/mitigation phase, half of the jurors went for LWOP and the other half for DP, I don't know the provisions of Idaho law. The sentencing jury is supposed to be the trial jury. I am *assuming* that the lesser penalty would be applied anyway in that case. Further, he would have retained his right to appeal those sentences.

What if the jury chose "concurrent" sentences instead of consecutive? Entirely possible. What if he appealed based in the 2-3 mental health diagnoses that some of the Defense's expert witnesses were supposed to testify about? (But they refused to testify at the trial - AT had them available for the mitigation phase, IMO).

If the jury was not unanimous, what would happen? I am assuming it would be up to the judge to structure the LWOP sentence - but he'd have been able to appeal. His main appeal would of course be that his AusD diagnosis was severe enough that he ought to be considered mentally handicapped, etc. So years more of it winding up to SCOTUS, to see what SCOTUS thinks about his degree of mental incapacity?

So hard on the survivors and hard on the families who are not so desirous of the DP. They just want him to go away and be locked up in the most miserable life possible.

I agree that a retrial could be entirely possible (with a new cast of characters, as BT would probably have to hand it over to someone else; people whose living memory encompassed the horror of these crimes would be fewer and fewer).

Glad that AT and BT managed to shake hands. I can envision what that was like and I really do think it is justice.

IMO