I think Judge Judge made solid points re the 1st and 6th Amendments, so I would lean his direction even more than I could have before. It is, as the judge said, a balancing act, and without the gag order, there is no possible balance imo. I loved what he said today.
A Latah County judge issued a stark warning following Bryan Kohberger’s arraignment that the media has done “irreparable harm” to Kohberger’s case and could affect his right to a fair trial.
Judge warns of ‘irreparable harm’ in Idaho murder case
"There is a lot of irreparable harm from the media that is affecting a fair trial,” Judge John C. Judge said. “This is a very high-profile case.”www.krem.com
5/22/2023
MOSCOW, Idaho — A Latah County judge issued a stark warning following Bryan Kohberger’s arraignment that the media has done “irreparable harm” to Kohberger’s case and could affect his right to a fair trial.
Judge John C. Judge told the court that the media and attorneys alike have a larger responsibility to the Sixth Amendment, the right to a speedy trial by an impartial jury.
After Kohberger, the man accused of killing four University of Idaho students, stood silent on Monday during his plea and a “not guilty” plea was entered on his behalf, a hearing was held to decide when to hear arguments on a non-dissemination order within the case.
"In a noticeable omission, the family of the slain 21-year-old refrained from thanking the hearing's presiding judge, after he flubbed Kaylee's first name."
Bryan Kohberger arraignment RECAP: Suspect to stand trial in October
Here was DailyMail.com's coverage of Bryan Kohberger 's arraignment Monday, where a judge entered a not guilty plea on his behalf after he failed to enter his own.www.dailymail.co.uk
Thank you @Cool CatsJudge entered plea for Idaho murder suspect Kohberger. Why? And what happens next?
Judge entered plea for Idaho murder suspect Kohberger. Why? And what happens next?
“This is a hard timeline to deal with under any circumstances, let alone a case this complex,” a Boise-based criminal defense attorney said, questioning if the trial will start on time.www.yahoo.com
Why does a defendant stand silent for a plea?
When a defendant chooses not to enter a plea to the charges against them, they are deemed to be standing silent, as Anne Taylor, Kohberger’s appointed public defender, told the judge Monday. A judge then automatically converts a defendant’s decision to remain silent into a not guilty plea, said Elcox, a former Ada County deputy prosecutor.
“The judge can’t enter a guilty plea on somebody’s behalf,” she said. “The thought is that it’s kind of a way to preserve the ability to negotiate with the state” on a possible plea deal to avoid a trial.
In addition, Elcox said, the defense lacks several key pieces of information at the moment to decide how best to represent Kohberger and proceed with the legal process. Those factors likely contributed to the strategic decision by the defense, she said.
What information is the defense lacking?
Of utmost importance, the defense does not yet know whether the prosecution will seek the death penalty if Kohberger is convicted. That decision is likely to weigh heavily into whether a plea agreement can be struck at some point, Elcox said.
“That’s probably a pretty significant factor, because the state hasn’t committed to whether or not they will seek the death penalty yet,” she said. “They need to know, ‘Yeah, you can plea,’ or that it’s off the table. Or, ‘We’re seeking this no matter what, no offers, no deals, and we’ll let a jury figure this out.’ “
Also, the defense has said it is still awaiting more evidence through the discovery process.
Judge, for example, on Monday scheduled a hearing in late June over the defense’s motion to compel discovery evidence that it says the state so far has withheld or not yet delivered. Thompson in response to the filings argued the state has met the requirements of Idaho law, and objected to specifics the defense sought about the DNA testing process that linked Kohberger to the crime scene.
www.9news.com
Very very very interesting...Judge entered plea for Idaho murder suspect Kohberger. Why? And what happens next?
Judge entered plea for Idaho murder suspect Kohberger. Why? And what happens next?
“This is a hard timeline to deal with under any circumstances, let alone a case this complex,” a Boise-based criminal defense attorney said, questioning if the trial will start on time.
Why does a defendant stand silent for a plea?
When a defendant chooses not to enter a plea to the charges against them, they are deemed to be standing silent, as Anne Taylor, Kohberger’s appointed public defender, told the judge Monday. A judge then automatically converts a defendant’s decision to remain silent into a not guilty plea, said Elcox, a former Ada County deputy prosecutor.
“The judge can’t enter a guilty plea on somebody’s behalf,” she said. “The thought is that it’s kind of a way to preserve the ability to negotiate with the state” on a possible plea deal to avoid a trial.
In addition, Elcox said, the defense lacks several key pieces of information at the moment to decide how best to represent Kohberger and proceed with the legal process. Those factors likely contributed to the strategic decision by the defense, she said.
What information is the defense lacking?
Of utmost importance, the defense does not yet know whether the prosecution will seek the death penalty if Kohberger is convicted. That decision is likely to weigh heavily into whether a plea agreement can be struck at some point, Elcox said.
“That’s probably a pretty significant factor, because the state hasn’t committed to whether or not they will seek the death penalty yet,” she said. “They need to know, ‘Yeah, you can plea,’ or that it’s off the table. Or, ‘We’re seeking this no matter what, no offers, no deals, and we’ll let a jury figure this out.’ “
Also, the defense has said it is still awaiting more evidence through the discovery process.
Judge, for example, on Monday scheduled a hearing in late June over the defense’s motion to compel discovery evidence that it says the state so far has withheld or not yet delivered. Thompson in response to the filings argued the state has met the requirements of Idaho law, and objected to specifics the defense sought about the DNA testing process that linked Kohberger to the crime scene.
Apologies if I am not getting the context correct on this but are you equating a defendant exercising a Constitutional right with perverse stalking behaviour towards women?
He’s accused of breaking into a house he has no business in and murdering 4 people.
I agree, @ExpectingUnicorns, with everything in your post (except the last part about it being obvious you struggled with your one and only law class)I think I find BK's standing silent plea distasteful because it indicates a willingness to game the system to his best advantage.
He's the only one alive who knows if he is guilty or innocent. And if he feels he can't share his choice between guilty and not guilty then that indecision only opens the door to more questions in my opinion.
It brings to my mind his statement that he ". . . is eager to be exonerated . . ." which doesn't seem to go hand in hand with standing silent.
Obviously very moooo - and probably makes it obvious to all who read why I struggled so with my one and only law class.
Moscow murder suspect Bryan Kohberger 'eager to be exonerated'
Seven months ago, a man with the name Bryan Kohberger conducted a study on Reddit asking people who've been arrested to share their thoughts on committing crimes.www.ktvb.com
