GUILTY PLEA DEAL ACCEPTED - 4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #112

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  • #421
  • #422
This doesn’t change anything, really. Garza v. Idaho was 2 pronged, the first being his right to appeal. The second being he wanted post conviction relief.

My summary: Garza wanted to appeal, his attorney wouldn’t file for the appeal saying it was very laborious & he likely wouldn’t be granted an appeal for post conviction relief. Time for filing an appeal ran out. The Idaho courts refused to hear his appeal based on his waivers. He appealed to SCOTUS. The SCOTUS said, no, the courts can’t use that as a basis, they have to allow an appeal to be filed & if rejecting the appeal, base their decision on some other reason than "you signed a plea agreement with a waiver."

Ultimately, the SCOTUS DISALLOWED the hearing for a post conviction relief. They only agreed that appeals based on plea deals aren’t completely disallowed, no matter the reason. So Garza won in that he could appeal, the SCOTUS agreed there shouldn’t be any post conviction relief. Ultimately, Garza’s sentencing stuck, which was the whole basis for the appeal in the first place. So, not really a big deal in the end. Garza’s sentence was upheld. They only agreed his attorney should have filed the appeal & the ID courts should have used other wording/reasons when dismissing his appeals.

BK can file appeals all he wants, barring new evidence, proof of prosecutorial misconduct or proof of inadequate defense or some mental health issue, he isn’t going anywhere & wont be in any appellate court anytime soon, if ever. The grounds are going to be very limited, regardless of his having the right to try & appeal. He can fill out all the paperwork he wishes - that’s his right to file an appeal. That doesn’t mean it has to be heard before a judge. 2 different things.

MOO since not a lawyer.

Thank you, @INfisherman , this was informative and clarifying for me.

I’m still very aggrieved, though.

Here are four families who have suffered the most bitter blow possible. The interviews with the families who were relieved at BK’s plea deal seemed to be rejoicing that he was banned from EVER appealing.

Even if it hopefully, most probably, ends with any appeal being denied, IMO this is yanking the chains of victims who deserve only peace and some kind of tranquility, now and forever.

JMO
 
  • #423
So Kaylee's family will give victim impact statements

Quote:


"The harrowing new details emerged as

Goncalves family prepares to deliver
victim impact statements
at
Kohberger's sentencing next week

- but voiced frustration at being in the dark about some of the details of the murders.

'You only got one time to be able to be a victim’s advocate
and say what you need to say
and to address the courtroom and everyone in Idaho,
and they’re not going to let us know exactly what happened',
Steve said.

'We want to make sure
everything we say is exactly truthful'."

 
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  • #424
So Kaylee's family will give victim impact statements

Quote:


"The harrowing new details emerged as

Goncalves family prepares to deliver
victim impact statements
at
Kohberger's sentencing next week

- but voiced frustration at being in the dark about some of the details of the murders.

'You only got one time to be able to be a victim’s advocate
and say what you need to say
and to address the courtroom and everyone in Idaho,
and they’re not going to let us know exactly what happened',
Steve said.

'We want to make sure
everything we say is exactly truthful'."

He knows a whole lot more than us. All in all we pretty much know what happened. With that in mind, he still could make a power impact statement.
 
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  • #425
I agree @DizzyB

I don't understand why the parents cannot have that information. I understand the gag order in place was to stop information leaking before the trial which could impact the trial, taint the jury pool and lots of other reasons.

I remember SG saying early on when he shared that his daughter sustained blows to her face and he had been told by his lawyer not to say more. That interview on CBS he said he did not know anything more than the public and he wanted to put those details in his victim impact statement. Doesn't he realize that BK would probably like hearing all those details?

I sure hope he becomes an activist for change to stop mass murders, school shootings etc. He's against it all like most people are. But for now he continues to criticize and say a murderer is going to adult daycare is out of line. BK isn't going home at night. He will be locked up until he dies or someone kills him.

I think he should take a look at what life is like behind bars. SG talked about how BK could give interviews, teach other inmates etc etc. This incarceration is alone in a cell, bad food, violence and six, a prisoner once told me if a criminal tells you he didn't have six inside prison they are lying. BK's life is going to be hell on earth.

All my opinion.

SG also said the plea deal gave BK the power. I agree. He doesn't understand yet, I hope, that that last power grab was a very bad choice. He could live 50 or 60 years inside.

I also agree we must do better. Thoughts and prayers for victims of senseless violence against innocent people is not enough.
 
  • #426
Thank you, @INfisherman , this was informative and clarifying for me.

I’m still very aggrieved, though.

Here are four families who have suffered the most bitter blow possible. The interviews with the families who were relieved at BK’s plea deal seemed to be rejoicing that he was banned from EVER appealing.

Even if it hopefully, most probably, ends with any appeal being denied, IMO this is yanking the chains of victims who deserve only peace and some kind of tranquility, now and forever.

JMO
I’m not so sure there was any part of this which would have been any easier or just, regardless of whether the case went to trial or played out the way it did. There’s always risks in things going sideways with the law, IMO.

I’m one of the most vengeful people I know - I don’t take being hurt or those I love being hurt intentionally very lightly. I wanted to see BK suffer immeasurably. But this was the best way, IMO. It was the fastest way to getting those affected towards healing again. Feeling the spite that I do, I couldn’t imagine going through the grind of a trial & sentencing for a single juror to end up settling for what we already have today. That would really be a let down in the end.

That’s about as good as this gets, unfortunately. The rest will hopefully take care of itself in time, a higher power willing. A smile or laugh at some point will open the door & allow the weight to be lifted. Easier said than done, but it needs to be allowed - it’s there for the taking.

It’s easy for me to type these words, as it wasn’t me who had a loved one ripped from my life by pure darkness, but this world doesn’t stop for any of us. That isn’t such a bad thing - because this world is what gives us the good feelings too, we just have a very hard time seeing that at certain points in our lives.

JMO
 
  • #427
He knows a whole lot more than us. All in all we pretty much know what happened. With that in mind, he still could make a power pact statement.

I'm sure Kaylee's Dad will NOT mince words.
 
  • #428
So Kaylee's family will give victim impact statements

Quote:


"The harrowing new details emerged as

Goncalves family prepares to deliver
victim impact statements
at
Kohberger's sentencing next week

- but voiced frustration at being in the dark about some of the details of the murders.

'You only got one time to be able to be a victim’s advocate
and say what you need to say
and to address the courtroom and everyone in Idaho,
and they’re not going to let us know exactly what happened',
Steve said.

'We want to make sure
everything we say is exactly truthful'."

I am glad to hear that the Gonclaves’ will be giving their impact statements, as this will be their only chance to do this.

Wednesday can’t come soon enough for his sentencing and hope there will not be any unforeseen occurrences until this is complete.
 
  • #429
<modsnip: Removed info posted in error>

Luckily, it seems that “somewhere down the line” is restricted to just 42 days after sentencing.

So in that time, BK must claim that the forensic psychologist who evaluated BK for the Defense somehow missed a diagnosis of a mental illness that precluded him from understanding the plea agreement that he attested to in open court and signed.

IMO, though, the only diagnoses that the forensic psychologist failed to make are the very personality disorders that led BK to so effectively convince many an older woman (and a few his own age) to buy the garbage that spewed out of his mouth.

Evidence:
IMOO

Re the Vicky Ward and Patterson book and from what I've got through, am relieved to hear that WSU staff and female students did not buy his BS.
Monroe did? De Sales did? Arguably they did. ( Maybe because it was mainly online due to covid) but am relieved that WSU recognized him for what he was, even though it was too late for the victims.

The chapters on this topic show he was both casually sexist and deeply misogynistic. ( Which, coincidentally is what Dr Brucato predicted when he said he expected that BK held views that women should be restricted to the home ' barefoot & pregnant'. Although Brucato got the Page 133 underlining wrong - it's not Bundy, it's Eliot Rogers' manifesto which BK underlined)

There's lots of notable stuff in this book, but in relation to this theme - hoodwinking and manipulating, he could turn on the charm and appear normal when he needed to, he doesn't always show the social disabilities which the Defense argued for him. ( One example, he's chit-chatting to the woman who works in vehicle reg, sometime late November and agreeing with her about the Idaho murders ' just horrific' etc he replies)

Moving back onto the current topic, I really hope some of the families annihilate his ego in their victim impact statements

<modsnip>
 
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  • #430
I wonder if the Goncalves are going to try to agitate BK and get him to have some sort of public display, pure speculation but I just get that feeling moo
 
  • #431
Luckily, it seems that “somewhere down the line” is restricted to just 42 days after sentencing.

So in that time, BK must claim that the forensic psychologist who evaluated BK for the Defense somehow missed a diagnosis of a mental illness that precluded him from understanding the plea agreement that he attested to in open court and signed.

IMO, though, the only diagnoses that the forensic psychologist failed to make are the very personality disorders that led BK to so effectively convince many an older woman (and a few his own age) to buy the garbage that spewed out of his mouth.

Evidence:
IMOO
Apologies but one small distinction I would like to add- the 42 day timeline/deadline is just for the NOTICE of Appeal, which is a simple filing that gives notice that one is intending to appeal.

BK does not need to, nor would any appellate attorneys working on his behalf, claim anything about what would actually be in their appeal. The Notice is so short and simple that we see in some cases where defense counsel says after sentencing that they’re filing the notice that day.
 
  • #432
  • #433
I wonder if the Goncalves are going to try to agitate BK and get him to have some sort of public display, pure speculation but I just get that feeling moo
I really believe that SG needs to give an impact statement for his daughter, because if he does not, I do feel like he will regret it, at some point after the fact. It is his last chance to tell the world what a wonderful daughter she was, and to face her killer and say what is in his heart. I just hope that he can get through the hearing without leaping across the room and tearing into BK, which would probably just make BK's day, and would not honor Kaylee.

My prayers for strength will be with all those making victim impact statements next Wednesday. JMO
 
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  • #434
In Part Two: Inception of The Idaho Four: An American Tragedy, Patterson and Ward recount chilling acts allegedly committed by BK well-before he murdered Maddie, Kaylee, Xana and Ethan.

They also write that Kohberger learned in his “Psychological Sleuthing” course with Katherine Ramsland that psychopathy has a genetic component, and that interventions of affected individuals must take place very early—by age 4.

I wasn’t aware until recently that Dr. Ramsland contributes to Psychology Today. Here is her short article about “youthful psychopathy”:

3 Dimensions of Youthful Psychopathy

The forensic psychologist hired by AT diagnosed BK with Level 1 autism, and this diagnosis is corroborated by Patterson and Ward (Connie Saba claimed that BK’s mother told her that BK has Asperger’s syndrome).

However, this systematic review shows that it is psychopathy, not autism, that leads to violent acts:

The relationship between psychopathy and autism: a systematic review and narrative synthesis

Though very rare, the two conditions can co-occur. Given how good of an actor and manipulator BK has proven to be, perhaps the autism is also an act and BK is just a plain ole psychopath.

IMO

Is he a good actor though? We haven't really seen or heard enough of him to say either way, but nearly everyone who has encountered him has noted him as socially awkward, and felt some kind of way about him. I haven't read anyone, apart from KR, say he seemed "normal" (As the parent of an autistic child im loathe to use the word "normal" to describe what BK isnt, but its all I have right now).
I've read a lot also about how he has spent the last 3 years pleading his innocence, and it struck me that he actually hasn't. Not him personally. He never entered a not guilty plea, and his lawyer on arrest said that their client was certain he would be exonerated.
The only person who has actually claimed that BK is innocent is Anne Taylor.

Im not so sure that BK has actually actively tried to portray himself as anything other than just Bryan, and I feel like this whole thing from the purchase of the knife and other things, right up to the plea, has just been one huge, twisted, social experiment, a chance for him to experience that which he tried in vain to understand through study.

I personally dont think he will be moved one way or the other by victim impact statements, I dont think he will enjoy the pain of the family's and their grief, I think he will just study them. I honestly dont think he is capable of feeling in the way we expect.

Just my own opinion, and a very chilling thought.

*Edited to remove quote from wrong thread
 
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  • #435

Good interview. But I am worried about SG. I will send positive energy to him. But it is the opposite of being an alpha male to be dropping weight and looking sort of gobbled up in those chairs (GLP?). Especially when you compare him to his attorney. I think these folks have been on a terrible roller coaster ride for far too long. I hope they can begin focus and take excellent care of themselves from here on out. JMOO
 
  • #436
There was zero chance the state was offering him that option. He's lucky they didn't force him to sit down and walk them through these crimes before they offered the deal.

Are we positive that they didn’t?
 
  • #437
  • #438
I haven't read anyone, apart from KR, say he seemed "normal" (As the parent of an autistic child im loathe to use the word "normal" to describe what BK isnt, but its all I have right now).

I personally dont think he will be moved one way or the other by victim impact statements, I dont think he will enjoy the pain of the family's and their grief, I think he will just study them. I honestly dont think he is capable of feeling in the way we expect.
@Rolypolyoly

I feel as you do. It doesn’t seem that Bryan has what would be deemed conventional emotions about other people’s rights or feelings.

I’m sure you love your autistic child very much. Atypical, unconventional, any word you choose.

On the spectrum, IMO just as a layperson, BK is atypical of people with autism. Most of those I know do in fact have feelings and emotions. Bryan, meanwhile, stated how he didn’t even view his own family as human. He could hardly be expected to feel anything tender towards his victims’ suffering, and I don’t expect he will react to any family impact statements.

He showed no emotion when he pled guilty. In fact IIRC the only sentiment we ever saw him express was the satisfaction in his thumbs-up selfie.

JMO
 
  • #439
Thank you, @INfisherman , this was informative and clarifying for me.

I’m still very aggrieved, though.

Here are four families who have suffered the most bitter blow possible. The interviews with the families who were relieved at BK’s plea deal seemed to be rejoicing that he was banned from EVER appealing.

Even if it hopefully, most probably, ends with any appeal being denied, IMO this is yanking the chains of victims who deserve only peace and some kind of tranquility, now and forever.

JMO
After reading posts here and elsewhere, I think it does make sense that he can appeal. I think the plea that removes the ability to appeal means they won't be in court endlessly as he appeals anything and everything. I think there are cases where LE/the courts get people to plea, and they do not do it on the up and up. They might take advantage of them or scare them or lie to them, etc. Those people should be allowed to bring that up if it did happen and even in cases where they take a plea that also includes no appealing. It ultimately protects the court system and would only have any chase of being granted if someone did in fact lie to him, coerced him or something to get him to agree to a plea. It sounds like the judge and all participants here have been thorough in making sure he understands what he's pleading to and was no lied to or bribed with anything other than no death penalty. I think those appeals are for those who were lied to or for those who were taken advantage of somehow by the court system. BK was none of that. I don't see any appeal making it anywhere.
 
  • #440
Are we positive that they didn’t?
No we're not. I guess we can dream they made that a requirement, but I tend to think we'd know that by now.
 
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