4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #84

[gremlin444]

So, in the state's filing that they are going for the death penalty, they listed specific statutory aggravating circumstances from the Idaho code that they felt existed in this case. I'm copying all the factors from the Idaho code and bolding the ones that were specifically mentioned by the prosecution as being relevant to this case so that we can see them in context/comparison to all the factors that are allowed in state code:

(bold, italics, and underlining are mine)
source for Idaho code Section 19-2515 – Idaho State Legislature

(9) The following are statutory aggravating circumstances, at least one (1) of which must be found to exist beyond a reasonable doubt before a sentence of death can be imposed:

(a) The defendant was previously convicted of another murder.
(b) At the time the murder was committed the defendant also committed another murder.
(c) The defendant knowingly created a great risk of death to many persons.
(d) The murder was committed for remuneration or the promise of remuneration or the defendant employed another to commit the murder for remuneration or the promise of remuneration.
(e) The murder was especially heinous, atrocious or cruel, manifesting exceptional depravity.
(f) By the murder, or circumstances surrounding its commission, the defendant exhibited utter disregard for human life.
(g) The murder was committed in the perpetration of, or attempt to perpetrate, arson, rape, robbery, burglary, kidnapping or mayhem and the defendant killed, intended a killing, or acted with reckless indifference to human life.
(h) The murder was committed in the perpetration of, or attempt to perpetrate, lewd and lascivious conduct with a minor, sexual abuse of a child under sixteen (16) years of age, ritualized abuse of a child, sexual exploitation of a child, sexual battery of a minor child sixteen (16) or seventeen (17) years of age, or forcible sexual penetration by use of a foreign object, and the defendant killed, intended a killing, or acted with reckless indifference to human life.
(i) The defendant, by his conduct, whether such conduct was before, during or after the commission of the murder at hand, has exhibited a propensity to commit murder which will probably constitute a continuing threat to society.
(j) The murder was committed against a former or present peace officer, executive officer, officer of the court, judicial officer or prosecuting attorney because of the exercise of official duty or because of the victim’s former or present official status.
(k) The murder was committed against a witness or potential witness in a criminal or civil legal proceeding because of such proceeding.

 

[gremlin444]

Idaho code's definition of mayhem (it shows up in Reason G as the murders occurring during the perpetration of these possible crimes)

18-5001. MAYHEM DEFINED. Every person who unlawfully and maliciously deprives a human being of a member of his body, or disables, disfigures or renders it useless, or cuts out or disables the tongue, puts out an eye, slits the nose, ear or lip, is guilty of mayhem.

Section 18-5001 – Idaho State Legislature

legislature.idaho.gov

 

[I'm Nobody]

Thank you @Nila Aella @SpiderFalcon @Cool Cats

IDAHO FIRING SQUAD goes into effect July 1

from AP Idaho governor signs firing squad execution bill into law

Victim's Families Input
For Death Penalty:
Goncalves family
Mogen family
Jeff Kernodle, Xana's dad

Against Death Penalty:
Cara Kernodle, Xana's mom

Chapin family-Unknown

I thought Thompson would file DP motion before the 6/27 hearing to avoid any delay or stop the clock action on DP notice deadline. More a bargaining chip but doubtful it will matter to BK, meaning IMO BK wouldn't plea. JMO

 

[SpiderFalcon]

An experienced Prosecution, who is personally against the DP, has filed his intent, way ahead of the deadline. It makes me WANT TO KNOW, what he's got in all those sealed files. IMO, JMO, and all that.

 

[MyBelle]

An experienced Prosecution, who is personally against the DP, has filed his intent, way ahead of the deadline. It makes me WANT TO KNOW, what he's got in all those sealed files. IMO, JMO, and all that.

Perhaps there is evidence linking serial-killer-wannabe-BK to other crimes?

JMO

 

[NottaYutz]

Death penalty sought against Kohberger.

https://www.cnn.com/2023/06/26/us/bryan-kohberger-death-penalty-idaho-murders/index.html

 

[Cool Cats]

An experienced Prosecution, who is personally against the DP, has filed his intent, way ahead of the deadline. It makes me WANT TO KNOW, what he's got in all those sealed files. IMO, JMO, and all that.

Good point.

Thank you for pointing out that this experienced Prosecutor is personally against the DP. He must really be compelled to do this.

The DP can't even be filed without meeting a certain high threshold of probable cause. Higher than in non-DP Cases.

I will need to do research for the details but the standards for guilt are very high for the DP.

Prosecution is very well satisfied that they have the right defendant sitting behind bars.

2 Cents

 

[Karin1974]

"A week after the killings, records show, investigators were on the lookout for a certain type of vehicle: Nissan Sentras from the model years 2019 to 2023. Quietly, they ran down details on thousands of such vehicles, including the owners’ addresses, license plate numbers and the color of each sedan."

Inside the Hunt for the Idaho Killer

After four students were stabbed to death in a house near a college campus, investigators scooped up data and forensic evidence, hoping for leads. A new DNA technique finally brought a breakthrough.

www.nytimes.com

IMO - I find this very interesting as I thought I’d read nearly every article about this case & I’ve never seen this article & I’ve never heard about anything about any search for Nissan Sentra’s in this case despite this article. MOO

 

[Cindizzi]

https://twitter.com/x/status/1673446322047963138

 

[Cindizzi]

https://twitter.com/x/status/1673445683813314561

 

[kittythehare]

Thank you @Nila Aella @SpiderFalcon @Cool Cats

IDAHO FIRING SQUAD goes into effect July 1

from AP Idaho governor signs firing squad execution bill into law

Victim's Families Input
For Death Penalty:
Goncalves family
Mogen family
Jeff Kernodle, Xana's dad

Against Death Penalty:
Cara Kernodle, Xana's mom

Chapin family-Unknown

I thought Thompson would file DP motion before the 6/27 hearing to avoid any delay or stop the clock action on DP notice deadline. More a bargaining chip but doubtful it will matter to BK, meaning IMO BK wouldn't plea. JMO

There is room to extend that deadline so I don't think it has anything to do with meeting it or stopping clock.

 

[Cindizzi]

https://twitter.com/x/status/1673436332645928960

 

[Nila Aella]

I have not seen many notices of intent to seek the death penalty, but this seemed odd to me. At the end of the notice. MOO

The State gives this notice based on the fact that it has not identified or been provided with any mitigating circumstances sufficient to prohibit the triers of fact from considering all penalties authorized by the Idaho legislature including the possibility of capital sentence. Consequently, considering all evidence currently known to the State, the State is compelled to file this notice of intent to seek the death penalty. The State will continue to review additional information as it is received, and reserves its statutory right to amend or withdraw this notice.

https://coi.isc.idaho.gov/docs/case/CR29-22-2805/062623%20Notice%20Pursuant%20to%20Idaho%20Code%2018-4004A.pdf

So I checked another Idaho case to see if that was always put there: It is not included in this one.

https://coi.isc.idaho.gov/docs/case/CR22211624/Notice%20of%20Intent%20to%20Seek%20the%20Death%20Penalty.pdf

Going to check for other cases to compare. MOO

 

[Cindizzi]

https://twitter.com/x/status/1673437623388635136

https://twitter.com/x/status/1673445202311393280

 

[katydid23]

Good point.

Thank you for pointing out that this experienced Prosecutor is personally against the DP. He must really be compelled to do this.

The DP can't even be filed without meeting a certain high threshold of probable cause. Higher than in non-DP Cases.

I will need to do research for the details but the standards for guilt are very high for the DP.

Prosecution is very well satisfied that they have the right defendant sitting behind bars.

2 Cents

I'm just catching up now---but was surprised to see they did file for DP. That wall of motions from the DT made to appear that the prosecution had no chance and might not even have enough evidence to go to trial.

This changes my feelings about that. No way they are going with the Death Penalty if they really do not have any forensic evidence to put forward in court.

 

[SpiderFalcon]

I have not seen many notices of intent to seek the death penalty, but this seemed odd to me. At the end of the notice. MOO

The State gives this notice based on the fact that it has not identified or been provided with any mitigating circumstances sufficient to prohibit the triers of fact from considering all penalties authorized by the Idaho legislature including the possibility of capital sentence. Consequently, considering all evidence currently known to the State, the State is compelled to file this notice of intent to seek the death penalty. The State will continue to review additional information as it is received, and reserves its statutory right to amend or withdraw this notice.

https://coi.isc.idaho.gov/docs/case/CR29-22-2805/062623%20Notice%20Pursuant%20to%20Idaho%20Code%2018-4004A.pdf

So I checked another Idaho case to see if that was always put there: It is not included in this one.

https://coi.isc.idaho.gov/docs/case/CR22211624/Notice%20of%20Intent%20to%20Seek%20the%20Death%20Penalty.pdf

Going to check for other cases to compare. MOO

Perhaps a little push on AT to file Notice of Alibi:

Section 19-519 – Idaho State Legislature

legislature.idaho.gov

https://coi.isc.idaho.gov/docs/case/CR29-22-2805/060923%20Motion%20for%20an%20Exception%20or%20in%20the%20Alternative%20to%20Extend%20Time%20for%20Compliance%20with%20IC%2019-519.pdf

AND:

https://coi.isc.idaho.gov/docs/case/CR29-22-2805/061323%20States%20Response%20to%20Defs%20Motion%20for%20an%20Exception%20or%20in%20Alternative%20to%20Extend%20Time%20for%20Compliance.pdf

 

[Cool Cats]

I have not seen many notices of intent to seek the death penalty, but this seemed odd to me. At the end of the notice. MOO

The State gives this notice based on the fact that it has not identified or been provided with any mitigating circumstances sufficient to prohibit the triers of fact from considering all penalties authorized by the Idaho legislature including the possibility of capital sentence. Consequently, considering all evidence currently known to the State, the State is compelled to file this notice of intent to seek the death penalty. The State will continue to review additional information as it is received, and reserves its statutory right to amend or withdraw this notice.

https://coi.isc.idaho.gov/docs/case/CR29-22-2805/062623%20Notice%20Pursuant%20to%20Idaho%20Code%2018-4004A.pdf

So I checked another Idaho case to see if that was always put there: It is not included in this one.

https://coi.isc.idaho.gov/docs/case/CR22211624/Notice%20of%20Intent%20to%20Seek%20the%20Death%20Penalty.pdf

Going to check for other cases to compare. MOO

I think this is exactly why we keep hearing this from the defense:

Exculpatory Evidence will be found in the GJ proceeding somewhere.
Exculpatory Evidence will be found in BF's testimony.
Exculpatory Evidence will be found in the evidence yet to be handed over.
Exculpatory Evidence is likely somewhere in the 51 terabytes of evidence turned over.

Exculpatory Evidence is not the same thing as Mitigating Evidence but if the defense had been able to present all of this Exculpatory Evidence to the prosecution then I doubt the lead prosecutor would have filed for the DP.

Exculpatory Evidence and Mitigating Evidence are two different things. Exculpatory evidence is evidence that shows you did not commit the crime. Mitigating evidence is evidence presented at trial to mitigate your offense level (i.e., murder first vs. murder second) or sentencing to mitigate your sentence.

Criminal Appeal - Is there a difference between exculpatory evidence ...​

 

[Cindizzi]

https://twitter.com/x/status/1673436812306694146

 

[Sundog]

Thank you @Nila Aella @SpiderFalcon @Cool Cats

IDAHO FIRING SQUAD goes into effect July 1

from AP Idaho governor signs firing squad execution bill into law

Victim's Families Input
For Death Penalty:
Goncalves family
Mogen family
Jeff Kernodle, Xana's dad

Against Death Penalty:
Cara Kernodle, Xana's mom

Chapin family-Unknown

I thought Thompson would file DP motion before the 6/27 hearing to avoid any delay or stop the clock action on DP notice deadline. More a bargaining chip but doubtful it will matter to BK, meaning IMO BK wouldn't plea. JMO

Just a reminder that the family's views on whether or not BK should get the death penalty will not be considered by the jury for the sentencing trial if BK is found guilty or pleads guilty. The judge will make it clear to the jury that during their deliberations on whether the defendant should be sentenced to death or to life without parole, the jury must not consider any statements made by the victims' family members with regard to their wishes on the death penalty as punishment.

The sentencing trial and jury will make their decision as to punishment based on the evidence, and there has to be evidence beyond a reasonable doubt that there is one or more aggravating circumstance. And they are also allowed to consider mitigating circumstances based on evidence presented during the trial and any new evidence presented by the defendant and/or his attorneys or other witnesses during the sentencing trial.

If the sentencing jury does not find that evidence of aggravating circumstances was presented beyond a reasonable doubt then BK will receive LWOP for his charges of murder 1.


Anyway, we are a long way from that, but we need to keep in mind, IMO, that the deliberations and determinations by both juries (the trial jury and the sentencing jury, if it gets to that point) will be based on evidence presented, not wishes of the family members or other.

 

[Cindizzi]

https://twitter.com/x/status/1673456141102383104