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6 hours ago
Idaho murder case highlights limits of victims' input in plea bargains
The man charged in the stabbing deaths of four University of Idaho students in November 2022 has agreed to plead guilty, according to an attorney for a victim's family, but the family says it opposes any deal that would take the death penalty off the table. Shanon Gray, an attorney for the family of Kaylee Goncalves, said the family has requested that a change of plea hearing for Bryan Kohberger set for Wednesday be delayed so that families could travel to Boise to attend. The family of Ethan Chapin, another of those killed, supports the plea deal, said family spokesperson Christina Teves on Tuesday. Karen and Scott Laramie, the mother and stepfather of Madison Mogen, plan to make a statement through their attorney, Leander James, after the hearing. Relatives of Xana Kernodle did not immediately respond to interview requests. Prosecutors stressed in a letter to victims' families, obtained by ABC News, that they had met with available family members last week before extending the offer. What happens when surviving families of crime victims or victims themselves disagree with prosecutors? Here's a little more on what rights and recourse victims do and don't have in the U.S. and in Idaho. A movement to address the needs and well-being of victims of crime started in the 1970s and made grassroots advancements, like the first victims help hotline. Laws addressing the rights of crime victims followed in the '80s, '90s and 2000s, and are relatively new for the criminal justice landscape. The 2004 federal Crime Victims' Rights Act granted eight specific rights to victims in federal criminal cases including the right to be protected from the person accused of committing the crime, the right to reasonable and timely notice of proceedings, the right to restitution and the reasonable right to confer with the prosecution. States were left to pass laws that governed victims' rights for state-level criminal prosecutions. Every state has some form of law addressing the rights of crime victims that vary. Most, at minimum, provide the right to seek restitution or to be informed about court hearings in advance. Many states have passed larger packages sometimes called a victim bill of rights. 'Really, what these laws are designed to do is to make sure that victims are meaningful participants in the architecture of justice,' said Meg Garvin, the executive director of the National Crime Victim Law Institute. Idaho's Constitution outlines 10 rights of crime victims, including to be treated fairly and respectfully, the right to notification of case events and to attend those events, and the right to communicate with prosecutors, among others. It also specifically allows for victims 'to be heard, upon request, at all criminal justice proceedings considering a plea of guilty, sentencing, incarceration or release of the defendant, unless manifest injustice would result.' It was unclear Tuesday if any of the families had requested to make a statement at that hearing, but Garvin said that would be a meaningful opportunity for them to speak to the court. 'When a court decides to accept or reject a plea agreement, it has to be done in the interest of justice,' she said. 'It's a victim's right to have input in the prosecution, but also to make sure the court knows how they feel about a plea. The victims don't have control over the outcome, but they can offer something that helps the court analyze whether the plea is in the interest of justice.' Judges can reject plea agreements in Idaho, but it is a rare occurrence. The judge in Kohberger's case previously denied a defense attorney motion to remove the death penalty from consideration that had argued Kohberger's autism diagnosis made him less culpable. The right to confer covers a broad range of communication with prosecutors, but largely means being kept informed and participating as a case proceeds. That can mean having conversations before a bail hearing to propose conditions of a defendant being released that increase a victim's feeling of safety, or strategizing victim impact statements before sentencing. It does not mean that victims or their families get the final say in how prosecutors try a case or whether they can offer or approve a plea agreement. There is no appeals process for victims or families who disagree with a prosecutor's decision, but that doesn't mean there isn't recourse if a victim believes their rights have been violated. Garvin said not providing an opportunity for meaningful victim input can lead to courts reconsidering sentences or overturning outcomes and holding new hearings. She cited the recent case of Adnan Syed in Maryland, whose murder conviction had been vacated in 2022 after Baltimore prosecutors said they had uncovered issues with the initial prosecution. The victim's family later succeeded in getting the conviction reinstated after challenging the ruling on procedural grounds, arguing they didn't receive proper notice to attend the hearing that freed Syed from prison— a victims' rights violation. In the letter sent to the families of the Idaho victims Monday, prosecutors wrote, 'Your viewpoints weighed heavily in our decision-making process, and we hope that you may come to appreciate why we believe this resolution is in the best interest of justice.' Goncalves' family wrote in Facebook posts that family members had spoken to prosecutors multiple times from Friday to Monday to register their objections to a plea and explain their views about pushing for a conviction at trial and the death penalty. The statement said the Friday discussions were vague, and that the whole process moved incredibly fast despite nearly two years of preparations and waiting for a trial that had been scheduled to start in August.
Winnipeg Free Press
a day ago
- Winnipeg Free Press
Idaho murder case highlights limits of victims' input in plea bargains
The man charged in the stabbing deaths of four University of Idaho students in November 2022 has agreed to plead guilty, according to an attorney for a victim's family, but the family says it opposes any deal that would take the death penalty off the table. Shanon Gray, an attorney for the family of Kaylee Goncalves, said the family has requested that a change of plea hearing for Bryan Kohberger set for Wednesday be delayed so that families could travel to Boise to attend. The family of Ethan Chapin, another of those killed, supports the plea deal, said family spokesperson Christina Teves on Tuesday. Karen and Scott Laramie, the mother and stepfather of Madison Mogen, plan to make a statement through their attorney, Leander James, after the hearing. Relatives of Xana Kernodle did not immediately respond to interview requests. Prosecutors stressed in a letter to victims' families, obtained by ABC News, that they had met with available family members last week before extending the offer. What happens when surviving families of crime victims or victims themselves disagree with prosecutors? Here's a little more on what rights and recourse victims do and don't have in the U.S. and in Idaho. Generally, what rights do crime victims have? A movement to address the needs and well-being of victims of crime started in the 1970s and made grassroots advancements, like the first victims help hotline. Laws addressing the rights of crime victims followed in the '80s, '90s and 2000s, and are relatively new for the criminal justice landscape. The 2004 federal Crime Victims' Rights Act granted eight specific rights to victims in federal criminal cases including the right to be protected from the person accused of committing the crime, the right to reasonable and timely notice of proceedings, the right to restitution and the reasonable right to confer with the prosecution. States were left to pass laws that governed victims' rights for state-level criminal prosecutions. Every state has some form of law addressing the rights of crime victims that vary. Most, at minimum, provide the right to seek restitution or to be informed about court hearings in advance. Many states have passed larger packages sometimes called a victim bill of rights. 'Really, what these laws are designed to do is to make sure that victims are meaningful participants in the architecture of justice,' said Meg Garvin, the executive director of the National Crime Victim Law Institute. What rights are guaranteed in Idaho? Idaho's Constitution outlines 10 rights of crime victims, including to be treated fairly and respectfully, the right to notification of case events and to attend those events, and the right to communicate with prosecutors, among others. It also specifically allows for victims 'to be heard, upon request, at all criminal justice proceedings considering a plea of guilty, sentencing, incarceration or release of the defendant, unless manifest injustice would result.' It was unclear Tuesday if any of the families had requested to make a statement at that hearing, but Garvin said that would be a meaningful opportunity for them to speak to the court. 'When a court decides to accept or reject a plea agreement, it has to be done in the interest of justice,' she said. 'It's a victim's right to have input in the prosecution, but also to make sure the court knows how they feel about a plea. The victims don't have control over the outcome, but they can offer something that helps the court analyze whether the plea is in the interest of justice.' Judges can reject plea agreements in Idaho, but it is a rare occurrence. The judge in Kohberger's case previously denied a defense attorney motion to remove the death penalty from consideration that had argued Kohberger's autism diagnosis made him less culpable. What does the right to confer with prosecutors guarantee? The right to confer covers a broad range of communication with prosecutors, but largely means being kept informed and participating as a case proceeds. That can mean having conversations before a bail hearing to propose conditions of a defendant being released that increase a victim's feeling of safety, or strategizing victim impact statements before sentencing. It does not mean that victims or their families get the final say in how prosecutors try a case or whether they can offer or approve a plea agreement. There is no appeals process for victims or families who disagree with a prosecutor's decision, but that doesn't mean there isn't recourse if a victim believes their rights have been violated. Garvin said not providing an opportunity for meaningful victim input can lead to courts reconsidering sentences or overturning outcomes and holding new hearings. She cited the recent case of Adnan Syed in Maryland, whose murder conviction had been vacated in 2022 after Baltimore prosecutors said they had uncovered issues with the initial prosecution. The victim's family later succeeded in getting the conviction reinstated after challenging the ruling on procedural grounds, arguing they didn't receive proper notice to attend the hearing that freed Syed from prison— a victims' rights violation. In the letter sent to the families of the Idaho victims Monday, prosecutors wrote, 'Your viewpoints weighed heavily in our decision-making process, and we hope that you may come to appreciate why we believe this resolution is in the best interest of justice.' Goncalves' family wrote in Facebook posts that family members had spoken to prosecutors multiple times from Friday to Monday to register their objections to a plea and explain their views about pushing for a conviction at trial and the death penalty. The statement said the Friday discussions were vague, and that the whole process moved incredibly fast despite nearly two years of preparations and waiting for a trial that had been scheduled to start in August.
Associated Press
a day ago
- Associated Press
Idaho murder case highlights limits of victims' input in plea bargains
The man charged in the stabbing deaths of four University of Idaho students in November 2022 has agreed to plead guilty, according to an attorney for a victim's family, but the family says it opposes any deal that would take the death penalty off the table. Shanon Gray, an attorney for the family of Kaylee Goncalves, said the family has requested that a change of plea hearing for Bryan Kohberger set for Wednesday be delayed so that families could travel to Boise to attend. The family of Ethan Chapin, another of those killed, supports the plea deal, said family spokesperson Christina Teves on Tuesday. Karen and Scott Laramie, the mother and stepfather of Madison Mogen, plan to make a statement through their attorney, Leander James, after the hearing. Relatives of Xana Kernodle did not immediately respond to interview requests. Prosecutors stressed in a letter to victims' families, obtained by ABC News, that they had met with available family members last week before extending the offer. What happens when surviving families of crime victims or victims themselves disagree with prosecutors? Here's a little more on what rights and recourse victims do and don't have in the U.S. and in Idaho. Generally, what rights do crime victims have? A movement to address the needs and well-being of victims of crime started in the 1970s and made grassroots advancements, like the first victims help hotline. Laws addressing the rights of crime victims followed in the '80s, '90s and 2000s, and are relatively new for the criminal justice landscape. The 2004 federal Crime Victims' Rights Act granted eight specific rights to victims in federal criminal cases including the right to be protected from the person accused of committing the crime, the right to reasonable and timely notice of proceedings, the right to restitution and the reasonable right to confer with the prosecution. States were left to pass laws that governed victims' rights for state-level criminal prosecutions. Every state has some form of law addressing the rights of crime victims that vary. Most, at minimum, provide the right to seek restitution or to be informed about court hearings in advance. Many states have passed larger packages sometimes called a victim bill of rights. 'Really, what these laws are designed to do is to make sure that victims are meaningful participants in the architecture of justice,' said Meg Garvin, the executive director of the National Crime Victim Law Institute. What rights are guaranteed in Idaho? Idaho's Constitution outlines 10 rights of crime victims, including to be treated fairly and respectfully, the right to notification of case events and to attend those events, and the right to communicate with prosecutors, among others. It also specifically allows for victims 'to be heard, upon request, at all criminal justice proceedings considering a plea of guilty, sentencing, incarceration or release of the defendant, unless manifest injustice would result.' It was unclear Tuesday if any of the families had requested to make a statement at that hearing, but Garvin said that would be a meaningful opportunity for them to speak to the court. 'When a court decides to accept or reject a plea agreement, it has to be done in the interest of justice,' she said. 'It's a victim's right to have input in the prosecution, but also to make sure the court knows how they feel about a plea. The victims don't have control over the outcome, but they can offer something that helps the court analyze whether the plea is in the interest of justice.' Judges can reject plea agreements in Idaho, but it is a rare occurrence. The judge in Kohberger's case previously denied a defense attorney motion to remove the death penalty from consideration that had argued Kohberger's autism diagnosis made him less culpable. What does the right to confer with prosecutors guarantee? The right to confer covers a broad range of communication with prosecutors, but largely means being kept informed and participating as a case proceeds. That can mean having conversations before a bail hearing to propose conditions of a defendant being released that increase a victim's feeling of safety, or strategizing victim impact statements before sentencing. It does not mean that victims or their families get the final say in how prosecutors try a case or whether they can offer or approve a plea agreement. There is no appeals process for victims or families who disagree with a prosecutor's decision, but that doesn't mean there isn't recourse if a victim believes their rights have been violated. Garvin said not providing an opportunity for meaningful victim input can lead to courts reconsidering sentences or overturning outcomes and holding new hearings. She cited the recent case of Adnan Syed in Maryland, whose murder conviction had been vacated in 2022 after Baltimore prosecutors said they had uncovered issues with the initial prosecution. The victim's family later succeeded in getting the conviction reinstated after challenging the ruling on procedural grounds, arguing they didn't receive proper notice to attend the hearing that freed Syed from prison— a victims' rights violation. In the letter sent to the families of the Idaho victims Monday, prosecutors wrote, 'Your viewpoints weighed heavily in our decision-making process, and we hope that you may come to appreciate why we believe this resolution is in the best interest of justice.' Goncalves' family wrote in Facebook posts that family members had spoken to prosecutors multiple times from Friday to Monday to register their objections to a plea and explain their views about pushing for a conviction at trial and the death penalty. The statement said the Friday discussions were vague, and that the whole process moved incredibly fast despite nearly two years of preparations and waiting for a trial that had been scheduled to start in August.
CTV News
2 days ago
- CTV News
Bryan Kohberger to plead guilty to murder in Idaho student stabbings to avoid death penalty
A private security officer sits in a vehicle on Jan. 3, 2023, in front of the house in Moscow, Idaho where four University of Idaho students were killed in November, 2022. (AP Photo/Ted S. Warren, File) BOISE, Idaho — Bryan Kohberger has agreed to plead guilty to murdering four University of Idaho students as part of a deal to avoid the death penalty, an attorney for one victim's family said. Shanon Gray, an attorney representing the family of Kaylee Goncalves, confirmed Monday that prosecutors informed the families of the deal by email and letter earlier in the day, and that his clients were upset about it. 'We are beyond furious at the State of Idaho,' Goncalves' family wrote in a Facebook post. 'They have failed us. Please give us some time. This was very unexpected.' They spoke with the prosecution on Friday about the idea of a plea deal and they explained they were firmly against it, the family wrote in another post. By Sunday, they received an email that 'sent us scrambling,' and met with the prosecution again on Monday to explain their views about pushing for the death penalty. 'Unfortunately all of our efforts did not matter. We DID OUR BEST! We fought harder then anyone could EVER imagine,' the family wrote. A change of plea hearing was set for Wednesday, but the family has asked prosecutors to delay it to give them more time to travel to Boise, Gray said. Kohberger's trial was set for August in Boise, where it was moved following pretrial publicity in rural northern Idaho. Kohberger, 30, is accused in the stabbing deaths of Goncalves, Ethan Chapin, Xana Kernodle and Madison Mogen at a rental home near campus in Moscow, Idaho, early on Nov. 13, 2022. Autopsies showed the four were all likely asleep when they were attacked, some had defensive wounds and each was stabbed multiple times. At the time, Kohberger was a criminal justice graduate student at Washington State University, about 9 miles (14.5 kilometres) west of the University of Idaho. He was arrested in Pennsylvania, where his parents lived, weeks later. Investigators said they matched his DNA to genetic material recovered from a knife sheath found at the crime scene. No motive has emerged for the killings, nor is it clear why the attacker spared two roommates who were in the home. Authorities have said cellphone data and surveillance video shows that Kohberger visited the victims' neighbourhood at least a dozen times before the killings. The murders shocked the small farming community of about 25,000 people, which hadn't had a homicide in about five years, and prompted a massive hunt for the perpetrator. That included an elaborate effort to track down a white sedan that was seen on surveillance cameras repeatedly driving by the rental home, to identify Kohberger as a possible suspect through the use of genetic genealogy and to pinpoint his movements the night of the killings through cellphone data. In a court filing, Kohberger's lawyers said he was on a long drive by himself around the time the four were killed. In the letter to families, obtained by ABC News, prosecutors said Kohberger's lawyers approached them seeking to reach a plea deal. The defence team had previously made unsuccessful efforts to have the death penalty stricken as a possible punishment, including arguing that Kohberger's autism diagnosis made him less culpable. The prosecutors said they met with available family members last week before deciding to make Kohberger an offer. 'This resolution is our sincere attempt to seek justice for your family,' the letter said. 'This agreement ensures that the defendant will be convicted, will spend the rest of his life in prison, and will not be able to put you and the other families through the uncertainty of decades of post-conviction, appeals. Your viewpoints weighed heavily in our decision-making process, and we hope that you may come to appreciate why we believe this resolution is in the best interest of justice.' In a Facebook post, the Goncalves family wrote that Kaylee's 18-year-old sister, Aubrie, had been unable to attend the meeting with prosecutors. But she shared her concerns in a written statement. 'Bryan Kohberger facing a life in prison means he would still get to speak, form relationships, and engage with the world,' Aubrie Goncalves wrote. 'Meanwhile, our loved ones have been silenced forever. That reality stings more deeply when it feels like the system is protecting his future more than honoring the victims' pasts.' In Idaho, judges may reject plea agreements, though such moves are rare. If a judge rejects a plea agreement, the defendant is allowed to withdraw the guilty plea. Earlier Monday, a Pennsylvania judge had ordered that three people whose testimony was requested by defense attorneys would have to travel to Idaho to appear at Kohberger's trial. The defense subpoenas were granted regarding a boxing trainer who knew Kohberger as a teenager, a childhood acquaintance of Kohberger's and a third man whose significance was not explained. A gag order has largely kept attorneys, investigators and others from speaking publicly about the investigation or trial. Johnson reported from Seattle. Associated Press reporter Mark Scolforo contributed from Stroudsburg, Pennsylvania. Rebecca Boone And Gene Johnson, The Associated Press
Telegraph
2 days ago
- Telegraph
Bryan Kohberger pleads guilty to Idaho killings in bid to avoid death penalty
Former student Bryan Kohberger has agreed to plead guilty to stabbing to death four Idaho college students in 2022, a move that would spare him the death penalty under a deal with prosecutors. Kohberger, 30, was pursuing a doctoral degree in criminal justice at Washington State University in Pullman, Washington, about 8 miles (13 km) across the border from Moscow, Idaho, where the four victims attended the University of Idaho. In a case that drew national attention, Kohberger previously pleaded not guilty to first-degree murder charges. The three young women, who had been room-mates, and a young man, who was the boyfriend of one of the women, were fatally stabbed in an off-campus house where the women lived on November 13, 2022. Shanon Gray, an attorney representing the family of Kaylee Goncalves, one of the victims, confirmed that prosecutors informed the families of the deal by email and letter earlier in the day, and that his clients were upset about it. 'We are beyond furious at the State of Idaho,' Goncalves' family wrote in a Facebook post. 'They have failed us. Please give us some time. This was very unexpected.' Citing a letter from prosecutors to victims' families, ABC News said Kohberger agreed to four consecutive life sentences and has waived his right to appeal. The letter said prosecutors expect Kohberger to be sentenced in late July if he enters the guilty plea as planned at a hearing on Wednesday. 'This resolution is our sincere attempt to seek justice for your family,' the letter said, according to ABC News. 'This agreement ensures that the defendant will be convicted, will spend the rest of his life in prison and will not be able to put you and the other families through the uncertainty of decades of post-conviction appeals.' Kohberger's trial was expected to start on August 18. His attorney and the Idaho attorney general's office did not immediately comment. A court administrator had no information to release. The crime stunned the small college town of Moscow. Kohberger was arrested weeks later in Pennsylvania, where he was visiting his family, and flown to Idaho to face charges. The victims - Ethan Chapin, 20, of Conway, Washington; Xana Kernodle, 20, of Avondale, Arizona; Madison Mogen, 21, of Coeur d'Alene, Idaho; and Kaylee Goncalves, 21, of Rathdrum, Idaho - all suffered multiple stab wounds.
