According to a lawyer for the victim’s family, the guy accused of stabbing four University of Idaho students in November 2022 has agreed to enter a guilty plea; however, the family says it is against any agreement that would remove the possibility of the death penalty.
According to Shanon Gray, a lawyer representing Kaylee Goncalves’ family, the family has asked that Bryan Kohlberger’s Wednesday plea hearing be postponed so that relatives can travel to Boise to attend.
According to family spokesperson Christina Teves on Tuesday, the family of another deceased person, Ethan Chapin, welcomes the plea agreement. Following the hearing, Madison Mogen’s mother and stepfather, Karen and Scott Laramie, will speak through their lawyer, Leander James. Interview inquiries were not immediately answered by Xana Kernodle’s family.
Before making the offer, prosecutors met with accessible family members last week, they emphasized in a letter to the victims’ families that ABC News was able to receive.
What occurs if the victims or their surviving relatives disagree with the prosecutors? Here are some additional details about the rights and remedies that victims in Idaho and the United States have and do not have.
What rights do victims of crime generally have?
Beginning in the 1970s, there was a grassroots campaign to address the needs and welfare of crime victims, which led to the establishment of the first victims’ assistance hotline. Crime victim rights laws are relatively new to the criminal justice system, having been passed in the 1980s, 1990s, and 2000s.
Eight specific rights were granted to victims in federal criminal cases by the 2004 federal Crime Victims’ Rights Act. These rights include the right to restitution, the right to reasonable and timely notice of proceedings, the right to be protected from the person accused of committing the crime, and the right to reasonable consultation with the prosecution.
It was up to the states to enact legislation governing victims’ rights for criminal prosecutions at the state level. Every state has a different set of laws pertaining to the rights of victims of crime.
At the very least, the majority guarantee the right to request compensation or to be notified beforehand of legal proceedings. Numerous states have enacted more comprehensive packages known as victim bills of rights.
According to Meg Garvin, executive director of the National Crime Victim Law Institute, the true purpose of these statutes is to ensure that victims are active participants in the judicial system.
In Idaho, which rights are protected?
According to the Idaho Constitution, victims of crime have ten rights, such as the right to fair and respectful treatment, the right to be informed of case developments and to attend them, and the right to speak with prosecutors.
Additionally, unless there would be obvious unfairness, it expressly permits victims to be heard upon request at all criminal justice proceedings involving a guilty plea, sentencing, detention, or release of the perpetrator.
Although it was unclear on Tuesday whether any of the families had asked to speak at that hearing, Garvin stated that it would be a significant chance for them to address the court.
According to her, a court must act in the interest of justice while deciding whether to accept or reject a plea deal. In addition to having a say in the prosecution, victims have a right to express their feelings to the court over a plea. Although the victims have no say in the matter, they can provide the court with information that aids in determining whether the plea is in the interests of justice.
Although it is uncommon, judges in Idaho have the authority to reject plea deals. A defense lawyer’s plea to have the death sentence excluded from consideration in Kohberger’s case was previously dismissed by the judge. The defense lawyer claimed that Kohberger’s diagnosis of autism absolved him of responsibility.
What is guaranteed by the right to consult with prosecutors?
Although the right to confer encompasses a wide range of interactions with prosecutors, it mostly refers to being updated and involved in the case’s development. This can include preparing victim impact statements prior to sentencing or having discussions prior to a bail hearing to suggest terms of release for a defendant that improve a victim’s sense of security.
It does not imply that victims or their relatives have the last say in how prosecutors present their case or whether they are able to propose or accept a plea deal. If a victim feels their rights have been infringed, they may still have recourse even if there is no appeals process for victims or their families who disagree with the prosecutor’s judgment.
According to Garvin, if victims aren’t given a chance to voice their opinions, courts may reevaluate punishments, reverse decisions, and convene fresh hearings.
She brought up Adnan Syedin’s recent case in Maryland, whose murder conviction was overturned in 2022 after Baltimore prosecutors claimed to have found problems with the original prosecution. After contesting the decision on procedural grounds, the victim’s family eventually succeeded in having the conviction overturned, claiming they were not given enough notice to attend the hearing that released Syed from prison, which was a breach of their rights.
Prosecutors stated in a statement to the families of the victims in Idaho on Monday, “We hope you will understand why we feel this resolution is in the best interest of justice. Your opinions weighed heavily in our decision-making process.”
In Facebook posts, Goncalves’ family stated that family members had communicated with prosecutors several times between Friday and Monday to express their disapproval of a plea deal and to clarify their stance on pursuing a conviction at trial and the death penalty. The statement claimed that despite almost two years of planning and waiting for a trial that was supposed to begin in August, the Friday talks were ambiguous and that the entire process proceeded extraordinarily quickly.
