4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #82

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Cool Cats

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girlhasnoname said:
I'm surprised BK was allowed to wear civilian clothes to this hearing? Is this the norm in ID?
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This is normal in every single State.

Normally this Motion is filed by the Defense:

DEFENDANT'S MOTION TO PERMIT ACCUSED TO APPEAR IN CIVILIAN CLOTHING AND WITHOUT RESTRAINTS AT ALL PROCEEDINGS

This includes WITHOUT RESTRAINTS which means VISIBLE RESTRAINTS. In other words the jury and the public are not allowed to see the restraints. No handcuffs, no belly chains, no ankle cuffs.

What is normally done, and I assume is being done with BK, is that he is likely wearing a Shock Vest under his civilian clothing.

Here is a judge's decision in another murder case I followed:

Concerning the Defendant's attire for Court appearances, the Court previously granted that portion of Defendant's Motion that requested that the Defendant be permitted to appear in appropriate civilian clothing for all proceedings in this action.

The Court took under advisement the Defendant's request to appear in court without restraints.
Subsequently, the Sheriff was able to obtain use of a restraining device (Shock Vest) that is not visible outside the Defendant's clothing.

Pike County Court

www.pikecountycourt.org www.pikecountycourt.org

I do not know if in Idaho this CIVILIAN CLOTHING MOTION is required to be filed. I do not know if BK's attorneys filed it.

Maybe in some States the defendant can just automatically wear civilian clothing for all pretrial and trial and post trial appearances.
 
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arielilane

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NCWatcher said:
I totally agree. But I don't know if Gray knows the proper place of families in it all. If he's been practicing as long as he claims and making a decent living, he can't be as clueless as he seems at times per reporters' tweets, I guess. (It's not just grandstanding although I think he's doing that too.)

For example, Emma Epperly's account says Gray said the prosecution "should be representing the families." Well, no, that's not really true. And Gray shouldn't tell families that it is. The DA represents "the state."

For example, after getting "caught" re: his claim the state hadn't talked to the Goncalves when he was actually blocking that, Jordan Smith's account says Gray then said in court "Nothing precluded the prosecution from contacting my clients well before I started representing them.” What??? I'm not sure exactly when Gray showed up but he was definitely on the job representing the Goncalves in mid-Dec. Why would the DA talk to the family then? Nobody had even been arrested. Saying that made no sense and didn't get Gray off the hook. And per press reports, LE had talked to them. More than once.
JMO
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Excellent post. In regards to your 2nd paragraph, imo, I believe many people may not know this truth. :)
 
I'm Nobody

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girlhasnoname said:
I'm surprised BK was allowed to wear civilian clothes to this hearing? Is this the norm in ID?
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He's trying to look innocent. Might influence potential jurors if "prisoner" is written on his shirt. JMO

Lori Vallow’s defense attorney Mark Means filed a motion asking that she be allowed to wear “street” clothing during her court appearances. GRANTED, but she had to provide them; "as long as they are 'solely provided by the defendant.' ” IMO meaning NOT taxpayers.
"A study from Cornell University found that “juries convict attractive people less often.” According to another study, defendants wearing prison attire are convicted at a higher rate.

'An image of a person in an orange prison jumpsuit may elicit contentions that he or she is in fact guilty because they are already depicted as a prisoner,' the Winona State University study states."

www.postregister.com

'Motion Regarding Clothing:' Why do Lori Vallow’s looks matter in court?

Vallow request to wear ‘street clothes’ is granted
www.postregister.com www.postregister.com
 
girlhasnoname

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Cool Cats said:
This is normal in every single State.

Normally this Motion is filed by the Defense:

DEFENDANT'S MOTION TO PERMIT ACCUSED TO APPEAR IN CIVILIAN CLOTHING AND WITHOUT RESTRAINTS AT ALL PROCEEDINGS

This includes WITHOUT RESTRAINTS which means VISIBLE RESTRAINTS. In other words the jury and the public are not allowed to see the restraints. No handcuffs, no belly chains, no ankle cuffs.

What is normally done, and I assume is being done with BK, is that he is likely wearing a Shock Vest under his civilian clothing.

Here is a judge's decision in another murder case I followed:

Concerning the Defendant's attire for Court appearances, the Court previously granted that portion of Defendant's Motion that requested that the Defendant be permitted to appear in appropriate civilian clothing for all proceedings in this action.

The Court took under advisement the Defendant's request to appear in court without restraints.
Subsequently, the Sheriff was able to obtain use of a restraining device (Shock Vest) that is not visible outside the Defendant's clothing.

Pike County Court

www.pikecountycourt.org www.pikecountycourt.org

I do not know if in Idaho this CIVILIAN CLOTHING MOTION is required to be filed. I do not know if BK's attorneys filed it.

Maybe in some States the defendant can just automatically wear civilian clothing for all pretrial and trial and post trial appearances.
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Thanks for this. I thought they were only allowed to wear civilian clothing during trial in front of the jury. I definitely agree appearing in Oranges could subconsciously sway a juror.
 
Cool Cats

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girlhasnoname said:
Thanks for this. I thought they were only allowed to wear civilian clothing during trial in front of the jury. I definitely agree appearing in Oranges could subconsciously sway a juror.
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Me too.

I used to think the civilian clothing was only for trial but I learned from watching pretrial hearings that the civilian clothing applies for all court appearances. Pretrial - trial - post trial - and yes for the sentencing also.
 
arielilane

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Coalition attorney arguing about the public's interest to ensure they are following the case & discovering how the judicial process works. Essentially maintaining transparency that can only be done by a free and fair press.

Lawyer representing the media coalition says she understands why the parties are concerned about Kohberger's 6th amendment rights to a fair trial. But argues there are other tools the court has, beyond the "over-broad" non-dissemination order, that can ensure that.

https://twitter.com/i/web/status/1667273637102252032
 
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"There has to be prejudicial pre-trial publicity, publicity that could prejudice Kohberger's right to a fair trial." "There is no reason to believe that publicity in general is prejudicial... but some of the things that people are hearing may not be all that flattering to the State...or to Mr. Kohberger."

https://twitter.com/i/web/status/1667275415575212032
 
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Why is he allowed to wear a suit already?

ETA: I see above this has been answered that it's allowed in most places. Though I am used to seeing defendants in jail uniforms until trial. I guess a lot of them don't bother to request it.
 
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