PLEA DEAL REACHED - 4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #109

[Best of What's Around]

Two of the families are against the plea deal

If I were them, I would feel exactly the same way. But I also do not believe they need the pain a trial and appeals will bring. The disgusting social media dissection of their kids’ lifestyles, a bigger profile for the killer with attendant fans.

From a stepped back, societal perspective, this is the best justice we can render. His ability to appeal is incredibly limited after this - a near zero chance of it being overturned versus death penalty appeals where one tiny perceived “mistake” could have the case retried or converted to life. While I know the fear of a firing squad might be considerable, I don’t underestimate the fact that a long life doing hard time in truth may be more justice than a few minutes of misery that may or may not come. Once you are dead, the punishment ceases. Prison is every single day. Same thing. Decades of longer imprisonment (at lower cost to taxpayers and to families who never have to face him again) is arguably a worse fate for someone who thinks he is the smartest in the room and destined for better things. He will know every day he only leaves in a body bag. It is bleak…hence prisoners going on suicide watch just after sentencing.

Then there is always a risk with even a slam dunk case. One juror could have hung it for yet another trial. He would never be admitting his guilt for many years, if ever. The spotlight would shine on him many more times than it will now. The families would have to deal with even more conspiracy theorists and fans which arguably grow in proportion to the spotlight shining, and when a famous killer is found guilty versus quietly admitting guilt. It won’t take on anymore of a life of its own - he won’t get to launch himself into the spotlight as easily. He now also loses the months away from an otherwise dreary prison life he will start sooner. I don’t think he wins at all except to save face from facing a slam dunk case. Fewer groupies, less fanfare. And his loss for admitting he failed at his perfect crime won’t be easy for him IMO. All that study and he didn’t even have a fighting chance at trial because he failed so spectacularly at his sick game.

I think this is a win for justice in a civilized society - and arguably, as I said, some could credibly argue that he is not being spared anything when he likely sits in prison an extra 30 years beyond the best case scenario death penalty not overturned and carrried out many years away.

Just my 2 cents, for what it is worth.

 

[INfisherman]

If it is anything like his murder plan then it will fail. JMOO

He’ll leave the key to the front gate on his cell bed.

MOO

 

[gremlin444]

From the Idaho Statesman article:

The plea deal — which the defense requested — offered to take the death penalty off the table, in exchange for Kohberger pleading guilty to the four first-degree murder charges and an additional charge of felony burglary.

https://www.idahostatesman.com/news/local/crime/article309739495.html

Article says that families of the victims met last week with prosecutors to discuss the possiblity of a potential plea deal.

Mogen's father quoted as saying that he accepts the plea if avoiding trial means his family doesn't have to experience reopening wounds and they can continue focusing on healing. Maddie's parents were divorced, so that may not represent what her mom and stepfather feel.

 

[realanastasia]

BK is going to have a much better life now. He can get a job, hang out, make friends.

That remains to be seen…he’s getting a life sentence, not a personality transplant.

 

[LinasK]

I’m so curious about the inner workings of AT simply because of her going after the case. At what point does she ‘herself’ mentally make the switch. She fought to have the case so she obviously starts out that way.

What happened between last week’s other possible suspects motion that the judge shut down and today saying he is guilty? Are we supposed to believe that she believed him up until today?

I know attorneys have to represent guilty people but she especially stands out because of how she put up a wall to block out all other work.

I think she did her job as effectively as she could. I had a friend who was a defense attorney who told me that they never ask their clients if they are guilty. They don't want to know, so that they aren't falsely representing them in court. That being said, I've also conversed with someone I believe to have been one of OJ's lawyers and asked him how he was able to represent him. His answer to me was "moral cover".

 

[LinasK]

I am most thankful that the two surviving roommates don’t have to be re-traumatized by testifying.

Or the DD driver. She's also been put through H*ll lately.

 

[Sachi]

It appears to me that she knew she didn't have a strong case. All the mitigating factors and SODDIs she tried to bring in failed. They probably reached out to the prosecutor and asked for the deal because the coward doesn't want to have to face death.

Couldn't this be seen as a win for the defense? Since he is getting LWP not the DP and that is the outcome the defense was working toward , take the DP off the table, with all the motions and delays. IN the end, LWP

 

[TruthIsStranger]

Also, AT needs to go crawl into a hole now since she's proven she's nothing but an utter embarrassment to the legal system. The fact that she even hinted that someone else was responsible for this just a couple of weeks ago. She's a joke.

Remember when she (seemingly) sincerely proclaimed that she and her team firmly believed in his innocence a year or so ago?!? Was she lying? Did she change her mind? I don't know.

 

[Curious Me]

It doesn't sound like all the victim's families are finding satisfaction, peace, or Justice in this development. MOO, it will be hard to accept no trial. It may be best in the long run, but sounds like it's going to be hard to accept for the Goncalves family. ​

Bryan Kohberger agrees to plead guilty to all counts in Idaho college murders case

Kohberger's trial was set to start in August.

www.yahoo.com

Prosecutors said in the letter to families that the state was approached last week by Kohberger's defense team asking to be presented with an offer. Prosecutors said they then met with available family members last week, "weighed the right path forward and made a formal offer" to Kohberger.

But the Goncalves family is upset by the plea, claiming the Latah County Prosecutor’s Office "mishandled" and rushed the deal.

"They vaguely mentioned a possible plea on Friday, without seeking our input, and presented the plea on Sunday," the family said in a statement...​

 

[LinasK]

Remember when she (seemingly) sincerely proclaimed that she and her team firmly believed in his innocence a year or so ago?!? Was she lying? Did she change her mind? I don't know.

It's irrelevant. Mark Geragos proclaimed in court that Scott Peterson was "Stone Cold Innocent". We see how that turned out.

 

[Sundog]

I may be overly optimistic here, but I think Hippler will require BK to tell enough so the public will be satisfied of his guilt. He cannot let doubt linger. He said that enough in court.

IMO

According to what has been reported so far, it doesn''t seem that the prosecution included this kind of information as part of the plea deal. If the prosecution required that as part of the plea deal that BK tell them where he got rid of the knife and other details, then it hasn't been reported yet. As far as we know, the plea deal only includes a gulty plea and the no appeals clause. And no death penalty but life without parole. If the judge adds conditions to the plea deal, then the defendant, BK, can withdraw his decision to enter a guilty plea. I don't think the judge will change the terms, but there will be harsh words at his sentencing later this month. And likely the judge will be generous with time, etc. during victim impact statements at sentencing and spare no reproach (within the limits of the law) as the case concludes in his courtroom.

Note: If BK agreed to provide this kind of information or evidence, etc. then he would have had to sign that he waived his constitutional right to remain silent as part of the plea deal. I guess we'll find out on July 2nd.

 

[INfisherman]

I think he should have to tell the court where his knife and kill kit were put, and if possible, they should be found. As to anything he might say about any of the why's, who would believe anything he said? He would have a hard time selling ice water to a man in hell. JMO

He’s going to get the opportunity for that sale at some point, I believe.

 

[LetsSolvIt]

I think the problem is... it's not about what they want. SG has to have learned that by now. You'd think.

JMO!

I think years down the road, the families will realize this decision was actually best for them — Idaho and the judge are protecting them from further trauma with the gruesome trial and years of pain with appeals, and getting BK out of public discussion — also, freeing up the kids and others concerned so they can start healing.

Sure, I totally agree BK was prime candidate for a dozen rifles in his face, but this plea makes for certain that punishment is permanent *now,* and I don’t think prison is going to be pleasant. Like @Gemmie said, he’s probably not going to make friends and his desire for heterosexu@l s€x isn’t ever happening. If he’s lucky he’ll develop a career making license plates but his time in the limelight is over.

OMO.

 

[Luna20]

AT had a private meeting with the judge to explain that as chief public defender for the county, her name appears on all documents, regardless of the public defender appointed from her office. The judge did not see a conflict of interest and allowed her to remain as BK's attorney.

She wanted this, that is all I am saying. She abruptly dropped the case that she was dutifully defending to get this one.

 

[MeadowMuffin]

Like many here at WS, I had really wanted to see this trial. Horrible to say that, but its the truth. However, I always was concerned about the DP due to the fact that there are so many appeals after someone is given that sentence. I worried about the families being drug through the legal system for the rest of their lives, having to face this soulless killer each time. In the long run, I think its for the best of all involved that a plea was accepted.

Please let me know if I'm wrong. But my understanding is when there is an appeal, it is not a retrial, families aren't drug through anything. It's just the appellate attorney (NOT the trial attorney) files a notice of appeal,both sides file a brief, there could be oral arguments, and a panel of appellate judges review it, and they determine if the appeal is warranted or not. Only if the conviction is overturned is there another trial, but it seems to me there usually are egregious errors to cause this.

 

[pittsburghgirl]

I've always believed this verdict wasn't a slam dunk. I think if it had been, the DA wouldn't have gone along with a plea deal. The families were staunchly against it and IMO, a quadruple homicide so brutal deserves its day in court. There's only one reason a DA goes along with this, IMO. There was concern about the jury and whether or not they'd come back with a unanimous verdict.

MOO.

I feel confident that there was evidence to prove BK guilty beyond a reasonable doubt. BK doesn't have a defense--no alibi, no alternative suspects, his DNA and car were there--and who knows what else? I would bet a few dollars that there was DNA from at least one victim in his car or apartment. That's one question I would have.

That said, nothing is ever 100% and prosecutors worry about hung juries and having to retry cases. And everyone worries about appeals. What is some day in the future, Idaho does away with the death penalty and BK is up for parole every few years, as Charles Manson was once California did away with the DP. Or kind of nonsense that Scott Peterson is still pulling to get out of prison.

I think a jury trial is often very good for the public and the justice system. In this case, though, getting a young mass murderer off the street forever is in the public interest--he has no chance for memories to fade, no chance for proberger types to spew propaganda designed to change public opinion, no chance to torture the families with appeals.

 

[Chimera]

I'm so hoping Judge Hippler insists he allocute to his crimes and confess why he committed these atrocious acts, why those students or house, where he put the murder weapon, etc. Answer the questions or you go to trial.

Agreed 1,000 %.
Hoping here as well.

 

[Cindizzi]

https://twitter.com/x/status/1939854708253864089

 

[sunshineray]

Guess this means BK will be admitting and confessing to everything, in court and on the record? Wonder what kind of proffer the Prosecution will accept as sufficient? In my opinion only, he should be required to explain a lot, an awful lot.

 

[PunishThenForgive]

According to what has been reported so far, it doesn''t seem that the prosecution included this kind of information as part of the plea deal. If the prosecution required that as part of the plea deal that BK tell them where he got rid of the knife and other details, then it hasn't been reported yet. As far as we know, the plea deal only includes a gulty plea and the no appeals clause. And no death penalty but life without parole. If the judge adds conditions to the plea deal, then the defendant, BK, can withdraw his decision to enter a guilty plea. I don't think the judge will change the terms, but there will be harsh words at his sentencing later this month. And likely the judge will be generous with time, etc. during victim impact statements at sentencing and spare no reproach (within the limits of the law) as the case concludes in his courtroom.

Note: If BK agreed to provide this kind of information or evidence, etc. then he would have had to sign that he waived his constitutional right to remain silent as part of the plea deal. I guess we'll find out on July 2nd.

You may be right, and IANAL, but according to the Guilty Plea Advisory, the defendant does waive his right to remain silent by pleading guilty. However, he can stay silent about any other crimes he may have committed or about any other actions that would increase the severity of his sentence: