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

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  • #661
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​

Considering just how long the DA has had relationships with the victims' families, I believe their actions must have been necessary even if outwardly they seem rushed or distant. I would imagine time was of the essence--they WOULD NOT want this opportunity to be lost!!!
 
  • #662
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
I don't think he'll speak at the sentencing hearing, either.

With regard to the court "requiring" BK to speak at the sentencing hearing, I believe he will be asked if there is anything he wants to say, but the court cannot compel speech.

If there had been an agreement in the plea deal negotiation that BK would say certain things at the hearing, then that would be different, BK would have agreed to that as part of the plea deal. But my understanding is that the plea agreement between BK and the prosecution does not contain this kind of agreement.
 
  • #663
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
Perhaps this is why the Judge also issued an Order for BK to make restitution for each victim up to $50,000. Just wondering out loud and hoping someone knew something. It became confusing if there is a civil suit timeline that conflicts with the criminal case timeline.
 
  • #664
Perhaps this is why the Judge also issued an Order for BK to make restitution for each victim up to $50,000. Just wondering out loud and hoping someone knew something. It became confusing if there is a civil suit timeline that conflicts with the criminal case timeline.
$5,000 per victim.

"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.

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."

 
  • #665
Studies have shown that the neurobiology of murderers is different from the rest of the population.

Here's the abstract for one recent study:

Aberrant brain gray matter in murderers

"Homicide is a significant societal problem with economic costs in the billions of dollars annually and incalculable emotional impact on victims and society. Despite this high burden, we know very little about the neuroscience of individuals who commit homicide. Here we examine brain gray matter differences in incarcerated adult males who have committed homicide (n=203) compared to other non-homicide offenders (n = 605; total n = 808). Homicide offenders’ show reduced gray matter in brain areas critical for behavioral control and social cognition compared with subsets of other violent and non-violent offenders. This demonstrates, for the first time, that unique brain abnormalities may distinguish offenders who kill from other serious violent offenders and non-violent antisocial individuals."
 
  • #666

Revisiting this article:

If MM was in fact BK's primary intended victim, I think it's highly probable he saw her at the Greek restaurant where she waitressed, fixated on her for whatever reason, followed her home, and then began stalking her.

I don't recall reading anything in any of the court documents about it ever being established that BK ate at the restaurant at the same time that MM or XK were working a shift. Surely LE knows that, though. They know what he ordered, so they know what time he was there. And the restaurant would know what time both MM and XK worked shifts. Easy to check that.

The cold and random nature of his selection is particularly evil.

Puts me in mind of Israel Keyes. BK was definitely a SK in the making.
 
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  • #667
Dumb question. How could one sue for wrongful death if the party responsible for the death hadn't been found guilty?
This isn't a dumb question at all. The Simpson and Goldman families filed a civil case against OJ. The bar for finding the defendant is responsible is "preponderance of the evidence," not "beyond a reasonable doubt" and they prevailed. I'm not sure they cared about the evidence but if I recall correctly, what the families wanted was to get depositions into the record and a verdict that OJ was responsible. Recently I saw a documentary about the case (I think OJ Speaks: The Hidden Tapes, but someone here is likely to know for sure) that covers the civil trial. It was. a pretty good lesson on how civil trials work. The killings in that case were in 1994. The civil suit was filed in 1996, after the criminal trial was concluded. It's amazing how much longer it takes to get a big case to trial these days.

The two year rule may be more of a problem now that criminal cases seem to run much longer (nearly 3 years in this case, much more in others).
 
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  • #668
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.

In a civil case, the plaintiff can generally use discovery--including the police reports, forensic evidence, surveillance, witness statements, etc., to establish that the defendant, "more likely than not," caused the death of the victims. In other words, provided that the information obtained is relevant and admissible in the civil court.

The intent behind the 2-year statute is for the wrongful claim to be initiated by the plaintiff within 2 years of the date of death-- and the defendant put on notice. It doesn't mean the claim must be concluded in two years.

It's very common for a criminal and civil case to overlap. More recently, we saw this in the death of Officer John O'Keefe. The O'Keefe family timely filed a wrongful death claim against Karen Read and others, but since their claim was filed, there was first a mistrial, followed by a second trial. It will probably be another year before the civil case goes to trial, and/or is settled. MOO
 
  • #669
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
The time limit is the statute of limitations in that state. Usually when we think of wrongful death suits, it’s a patient’s family of someone who died during a routine surgery, for example. The surgeon isn’t criminally charged, so the matter is handled in civil court. OJ’s wrongful death suit is the first one I remember off hand of being against someone who most likely (read:did) kill Ron and Nicole.

ETA a letter and moo
 
  • #670
This isn't a dumb question at all. The Simpson and Goldman families did this with OJ. The bar for finding the defendant is responsible is "preponderance of the evidence," not "beyond a reasonable doubt. Recently I saw a documentary (I think OJ Speaks: The Hidden Tapes, but someone here is likely to know for sure) that covers the civil trial. It was. a pretty good lesson on how civil trials work.
But the criminal trial was over for OJ. All the information was now available. It's the not having the criminal trial over before the time limitation runs out for a civil wrongful death suit and you might need information from the criminal trial for the civil suit evidence that has me perplexed.
 
  • #671
Considering just how long the DA has had relationships with the victims' families, I believe their actions must have been necessary even if outwardly they seem rushed or distant. I would imagine time was of the essence--they WOULD NOT want this opportunity to be lost!!!
Agree.
There was a response by BK it needed a Y/N. The State needed to act and they did.

After all this good work by the Prosecution and the MPD leading to this deal leading to a better outcome than if the case went to trial it's hard to watch the criticism.

I followed cases with terrible investigations and prosecutions, this isn't one of them.
 
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  • #672
I do wonder if there has been an element of keeping the families more distant due to the risk of things leaking prematurely.
 
  • #673
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.
I do understand that and I hope that you can see that I and everyone else here's heart breaks for the Goncalves, the 3 other families, the surviving roommates and every other person affected by this horrific crime. That doesn't mean though that we haven't the right to speak our thoughts about SG's imo inappropriate behaviour towards a sitting judge, a prosecution team and LE. Especially those same ones who have worked tirelessly to investigate a stranger quadruple homicide, apprehend the perp and get 4 guilty pleas out of his rotten mouth. They have served justice and although that it isn't the justice that SG wants, it's the justice that keeps a violent murderer locked away for life in an airtight way.
I don't believe that any of the victims families are in any more "greater pain" than the others and I feel it's shady to support one more than the other.

<modsnip>
 
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  • #674
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.
Agreed ... this is horrifically sad and people who haven't experienced an ounce of the pain these families are enduring, sometimes they make it worse !
A few things to note... Maybe unplug, make all of their social media private -- and also do not allow for the public to comment on your social media ?
Possibly rename your FB or cancel the account after downloading all the data to save it ?
Maybe make a new one using a middle name, etc.
No one needs to be judging these victims' families or making useless and/or hurtful comments.
But the internet being what it is and esp. with a murder case of this magnitude is going to bring out the crazies en masse.
Protect yourself and your family first and foremost !

Again I am so sorry for all of the families affected by the monster BK.
Only my opinion.

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.
Emphasis mine.
Good question !!!!
Sorry but I don't know the answer maybe someone else does ?
I will admit I'm doubtful.
In my opinion.
 
  • #675
Dumb question. How could one sue for wrongful death if the party responsible for the death hadn't been found guilty?
Remember OJ. He was found not guilty and the victim’s family successfully sued him for Wrongful Death.
 
  • #676
$5,000 per victim.

"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.

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."

Thank you. I copy/pasted a trusted (to me) poster and they may have typo'd.

Now it makes sense that that amount is likely to help cover the cost of the funeral.
 
  • #677
I don't think he'll speak at the sentencing hearing, either.

With regard to the court "requiring" BK to speak at the sentencing hearing, I believe he will be asked if there is anything he wants to say, but the court cannot compel speech.

If there had been an agreement in the plea deal negotiation that BK would say certain things at the hearing, then that would be different, BK would have agreed to that as part of the plea deal. But my understanding is that the plea agreement between BK and the prosecution does not contain this kind of agreement.
I agree that he will stay silent.

I wouldn't believe a word out of his rotten ghoulish mouth either. He isn't remorseful, he's only sorry he got caught.

IMO
 
  • #678
I don't think he'll speak at the sentencing hearing, either.

With regard to the court "requiring" BK to speak at the sentencing hearing, I believe he will be asked if there is anything he wants to say, but the court cannot compel speech.

If there had been an agreement in the plea deal negotiation that BK would say certain things at the hearing, then that would be different, BK would have agreed to that as part of the plea deal. But my understanding is that the plea agreement between BK and the prosecution does not contain this kind of agreement.
I am still hopeful for an after sentencing interview, like Chris Watts. It was horrible to read, but at least explained that there was no possible excuse for anything he did. And he knows it.
 
  • #679
 
  • #680
But in today's hearing the judge listed each of the 4 charges as the premeditated with malice murders.
Premeditation can happen in minutes. And it comes in many forms.

For example---if he sees Xana upstairs, and she runs off down the steps---in that moment he can 'plan' what he will do next. He can decide he has to follow and disable her. That is premeditation.

If he sees EC, asleep in the bed, he can have similar thoughts. He decides that a young male might be a threat if he wakes up before BK makes his escape. So if he then decides to kill him, it was a premeditated decision.

And perhaps it is simpler than that. Maybe BT says they were ALL premeditated because BK snuck into the house, at 4 am, in all black with protective clothing and a Kabar knife, and PLANNED to kill whoever he could manage to get to?
 
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