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.
