We don't know that the DDD was ever able to identify BK as the driver of the Elantra she saw. But if she just says it was a dark haired young man, that's enough, imo.
From what I've read, NO, the trial itself will not be live-streamed. Only some of the pretrial hearings .
I can guess who a few of them were, from the judge's description---them being friends of the victims who were 'in touch' in the days and hours before the crimes.
ktvz.com
And yet BK was raised by an intact working class family that owned their own home, w/ both parents working and devoted to their children. How can she blame poverty in this case?
Indeed, how can AT blame anything or anyone for what BK freely and smugly did?
www.facebook.com
Indeed, how can AT blame anything or anyone for what BK freely and smugly did?
IMO she's now going to tally up BK's ACEs (adverse childhood experiences), starting with his parents' bankruptcies, and repaint BK's not atypical childhood as this severe life which could only produce this broken individual for whom we should feel sorry and whose life should be spared accordingly, while ignoring how successfully the other children in the same home/environment turned out, and in fact, ignoring that BK himself completed a 4.0 Master's, was working toward his PhD, was living and working independently
IMO AT's "red flags" are nothing but desperation, waving it with fervor in the hopes no one notices it's a white flag.
JMO
***
Megan Kelly, 10m interview
5:35 family had financial troubles, two bankruptcies
13K views · 153 reactions | Stunning New Details on Alleged Idaho Killer Bryan Kohberger's Relationship with His Dad | Megyn Kelly
Stunning New Details on Alleged Idaho Killer Bryan Kohberger's Relationship with His Dad.
Indeed, how can AT blame anything or anyone for what BK freely and smugly did?
IMO she's now going to tally up BK's ACEs (adverse childhood experiences), starting with his parents' bankruptcies, and repaint BK's not atypical childhood as this severe life which could only produce this broken individual for whom we should feel sorry and whose life should be spared accordingly, while ignoring how successfully the other children in the same home/environment turned out, and in fact, ignoring that BK himself completed a 4.0 Master's, was working toward his PhD, was living and working independently
IMO AT's "red flags" are nothing but desperation, waving it with fervor in the hopes no one notices it's a white flag.
JMO
***
Megan Kelly, 10m interview
5:35 family had financial troubles, two bankruptcies
13K views · 153 reactions | Stunning New Details on Alleged Idaho Killer Bryan Kohberger's Relationship with His Dad | Megyn Kelly
Stunning New Details on Alleged Idaho Killer Bryan Kohberger's Relationship with His Dad.
You are correct that the judge has set aside six weeks for the guilt phase of the trial, and an additional six weeks for the penalty phase. And yes, in Idaho, the jury decides if the death penalty will be imposed, if he is found guilty, and it must be unanimous. If a unanimous verdict cannot be reached, the defendant will be automatically sentenced to LWOP.
legislature.idaho.gov
Most certainly she's lining up for the penalty phase.
BK's birthdate is November 11, 1994.
You are correct that the judge has set aside six weeks for the guilt phase of the trial, and an additional six weeks for the penalty phase. And yes, in Idaho, the jury decides if the death penalty will be imposed, if he is found guilty, and it must be unanimous. If a unanimous verdict cannot be reached, the defendant will be automatically sentenced to LWOP.
And yes, mental illness can be considered in the sentencing phase of the trial.
19-2523. Consideration of mental illness in sentencing. (1) Evidence of mental condition shall be received, if offered, at the time of sentencing of any person convicted of a crime. In determining the sentence to be imposed in addition to other criteria provided by law, if the defendant’s mental condition is a significant factor, the court shall consider such factors as:
(a) The extent to which the defendant is mentally ill;
(b) The degree of illness or defect and level of functional impairment;
(c) The prognosis for improvement or rehabilitation;
(d) The availability of treatment and level of care required;
(e) Any risk of danger which the defendant may create for the public, if at large, or the absence of such risk;
(f) The capacity of the defendant to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of law at the time of the offense charged.
Now, just because a jury may consider it, that is no guarantee they are going to be swayed by claims of mental illness, especially any unsupported claims. It will be a slippery slope for AT to negotiate, but she almost has no choice. And she only has to get one juror on her side to save his life. JMO
Section 19-2523 – Idaho State Legislature
This is great information. Thank you for posting it.Looking back to July 2023 when we discussed the sentencing phase of a death-eligible case, here is some information on how it works in Idaho.
If the prosecution decides this will be a death-eligible case, then the sentencing jury will decide whether the defendant's punishment is the death penalty or life without parole. The judge has to abide by the jury's decision. If the jury isn't able to decide, then the judge can impose LWOP, but not the death penalty. (Note, I am not a lawyer, just reading Idaho law and sentencing in capital cases online.)
Also, the defendant, BK in this case, can address the sentencing jury directly on the stand, and without it being subject to cross-examination to present mitigating factors - mitigation against the death penalty. And the sentencing jury may consider BK's testimony in its deliberations.
In addition, families of the victims can make victim impact statements before the sentencing jury, but they should not address whether the appropritate sentence should be LWOP or the death penalty. If family members do address the issue of what they see as the appropriate punishment, then the jury must disregard these statements.
Also, the sentencing jury must decide if the evidence justifies "aggravated" murder in order for the death sentence to be imposed. They can either consider evidence presented during the trial phase of the case, or evidence presented during the sentencing phase. If they don't find that there is evidence for aggravated murder, then no further deliberations are necessary and the judge will impose a sentence of LWOP.
Just my interpretation of the following material that I read online about Idaho judges' instructions to sentencing juries during capital cases. These instructions may have changed over time, but most of the information is likely still relevant.
https://isc.idaho.gov/jury/criminal/1700/DeathPenaltySentencingInst-All.pdf
Edited to add note that the above link is from the webpage of the Idaho Supreme Court instructions for juries in death-eligible criminal cases.
The History and Procedures of Idaho Supreme Court | Supreme Court
isc.idaho.gov
I completely agree. AT will pull out all the stops to try to get BK sentenced to LWOP, but I believe she will be fighting an almost impossibly uphill battle. An Idaho jury in this same county, just one year ago, pulled the trigger on a death penalty sentence for Chad Daybell, and while Daybell offered no mitigators in his sentencing hearing, I think his sentencing may be something of a bellwether, indicating to me that people in that area take their civic duty seriously, and place a very high value on the loss of innocent life. I think it is highly more likely than not that BK will be sentenced to death if, WHEN, convicted. JMO
