I'm not an original post kind of guy but I would enjoy getting perspective from the smart people and lawyers on here (not necessarily not mutually exclusive … just a little dig there for the lawyers) to discuss the state and federal charge process, and the defense strategy for this guy.

For example, it appears that the only remotely feasible chance this guy has is to plead guilty by reason of insanity. I was thinking to myself, "what in the world would I do if I got the call to be his public defender?"

The prosecution has the full weight of the federal government and thousands of analysts on this case that will remove any possible chance of any reasonable doubt. How does a defense attorney even consider how to defend this case? It also seems difficult to believe that anyone in charge is going to approve any type of plea deal.

I would find it interesting to get perspective on this situation right now.

I don't think there is a good strategy for him. He's cooked. As he should be.

The only plea deal I can see is Plead Guilty and get life without parole and spared the death penalty. But, I hope he gets death, and I hope it is in Utah and it's a firing squad. would be appropriate.

I can't imagine at plea for anything other than life without parole and no appeal.

The man is completely sane. He planned out a premeditated murder weeks before it was committed. We now have evidence, the instrumentality of the crime, the opportunity to fulfill his intent to kill Kirk, at least one motive, and a confession. He was obviously completely rational when he made all of these decisions, and as a mention, he was rational enough to remove himself from the situation and chose not to do so.

Investigate. Prosecute. Convict. Execute. On state and federal levels. No double jeooardy problems. He's done.

Governor said multiple times they would pursue the death penalty. I'm not sure there is going to be a plea.

Too much pressure for any prosecutor to cut a deal. This will go on and serve as a warning to other nuts.

Texas 8&4 said:

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Governor said multiple times they would pursue the death penalty. I'm not sure there is going to be a plea.

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They start out seeking the death penalty all the time. And then a plea bargain struck where the person accepts life in prison

Remember Idaho?

That said, I doubt that happens here. This idiot wants to go down as a martyr, I'm sure

And people will be cheering him on. They already are.

TexasAggie81 said:

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The man is completely sane. He planned out a premeditated murder weeks before it was committed. We now have evidence, the instrumentality of the crime, the opportunity to fulfill his intent to kill Kirk, at least one motive, and a confession. He was obviously completely rational when he made all of these decisions, and as a mention, he was rational enough to remove himself from the situation and chose not to do so.

Investigate. Prosecute. Convict. Execute. On state and federal levels. No double jeooardy problems. He's done.

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Do you have any links to motive and confession. When i search, I only get CNN bull and I refuse to give them clicks.

Doesn't Utah use Firing Squads for executions?

TexasAggie81 said:

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The man is completely sane. He planned out a premeditated murder weeks before it was committed. We now have evidence, the instrumentality of the crime, the opportunity to fulfill his intent to kill Kirk, at least one motive, and a confession. He was obviously completely rational when he made all of these decisions, and as a mention, he was rational enough to remove himself from the situation and chose not to do so.

Investigate. Prosecute. Convict. Execute. On state and federal levels. No double jeooardy problems. He's done.

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The premeditation sure shows he knew what he was doing, which would make it difficult to argue insanity.

AgNav93 said:

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The only plea deal I can see is Plead Guilty and get life without parole and spared the death penalty. But, I hope he gets death, and I hope it is in Utah and it's a firing squad. would be appropriate.

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Utah has already said there will be no plea deal.

And the feds will likely charge him with terrorism and 1st degree murder. Under federal law, there are several aggravating factors which can be used to seek the death penalty which could be applicable in this case.

Slicer97 said:

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I don't think there is a good strategy for him. He's cooked. As he should be.

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Gonna be cooked by 8x 0.30 caliber rounds once the Utah Justice system goes through their process. I don't have any concept of how the appeals process works for cases like this or how long that would drag out.

mustang1234 said:

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Doesn't Utah use Firing Squads for executions?

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Effective 7/1/2021
77-18-113. Judgment of death -- Method is lethal injection -- Exceptions for use of firing squad.
(1)
(a) When a defendant is convicted of a capital felony and the judgment of death has been imposed, lethal intravenous injection is the method of execution.
(b) Subsection (1)(a) applies to any defendant sentenced to death on or after May 3, 2004, except under Subsections (2), (3), and (4).

(2)
(a) If a court holds that a defendant has a right to be executed by a firing squad, the method of execution for that defendant shall be a firing squad.
(b) This Subsection (2) applies to any defendant whose right to be executed by a firing squad is preserved by that judgment.

(3)
(a) If a court holds that execution by lethal injection is unconstitutional on its face, the method of execution shall be a firing squad.
(b). If a court holds that execution by lethal injection is unconstitutional as applied, the method of execution for that defendant shall be a firing squad.

(4)
The method of execution for the defendant is the firing squad if the sentencing court determines the state is unable to lawfully obtain the substance or substances necessary to conduct an execution by lethal intravenous injection 30 or more days before the date specified in the warrant issued upon a judgment of death under Section 77-19-6.

mustang1234 said:

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Doesn't Utah use Firing Squads for executions?

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yes but it's an alternative.

A plea deal waiving any right to appeal for life in prison gets everything resolved much quicker. With a trial, this could stretch out for years. You're assuming all the evidence was collected properly, and everything was done by the book. Because if it wasn't, there's a huge risk the case can fall apart.
I would not be surprised if he pleads out for life in prison with no chance of parole and no appeals.

He could try this defense...



...which is probably true, but won't hold up in court.

If the client is obviously guilty and no plea deal is available, the lawyer's job is to make the prosecution prove their case and call out inconsistencies. They don't have to propose an alternative theory.

AgNav93 said:

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The only plea deal I can see is Plead Guilty and get life without parole and spared the death penalty. But, I hope he gets death, and I hope it is in Utah and it's a firing squad. would be appropriate.

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Governor has already talked about the death penalty. TBH, I don't see any plea deal as possible.

Insanity pleas are difficult if not almost impossible given the standards required. Nor is there any kind of heat of passion defense argument since it was well planned.

He's SOL (s*** out of luck) defense wise, in my view.

Having said that, we don't know his mental health nor medication history, yet.

rocky the dog said:

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He could try this defense...



...which is probably true, but won't hold up in court.

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Referencing Flip Wilson, Rocky? You are really aging yourself here!

Quote:

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Robinson 'fessed up to the horrific shooting at Utah Valley University when his dad asked if he pulled the trigger but originally refused to turn himself in to law enforcement, according to sources.

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Quote:

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He told his father he'd rather kill himself, leading the parent to convince his son to speak with their youth minister, who also works with the US Marshals Service fugitive task force, sources said.

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Oops!

Quote:

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The minister then called a deputy with the federal agency, and the FBI took Robinson into custody Thursday evening, sources said.

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LINK

Possibly two confessions.

According to his Mom's FB, he's a stellar student, 4.0 and crushed the ACT. So he's very smart.

LINK

He was so smart he made it 12 hours before his picture was plastered everywhere

Avoiding death will be his mission now, and I would offer no quarter. Try him, sentence him, then kill him under the laws of Utah and the USA

Confession. That gun has to be drenched in DNA and fingerprints. No need to let him plea

he won't have a Public Defender.

his family is well enough off to afford a defense attorney.

they will go for life in prison rather than the death penalty like Kohberger did.

DannyDuberstein said:

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He was so smart he made it 12 hours before his picture was plastered everywhere

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Reminds me of a line from one of my favorite movies, Body Heat.

Eveytime you try to commit a crime, there are a hundred ways you can f*** it up. You are a genius if you think of fifty of them and you are no genius.

His defense should be he was radicalized by the mainstream media. It should excuse none of actions, but could set up an interesting civil suit by his parents.

LMCane said:

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he won't have a Public Defender.

his family is well enough off to afford a defense attorney.

they will go for life in prison rather than the death penalty like Kohberger did.

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If im his family, he's on his ****ing own.

DannyDuberstein said:

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Avoiding death will be his mission now, and I would offer no quarter. Try him, sentence him, then kill him under the laws of Utah and the USA

Confession. That gun has to be drenched in DNA and fingerprints. No need to let him plea

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If he wants to plead guilty, the prosecution can't stop that. They could still try for the death penalty at sentencing though.

I don't know if any of the following is possible, but here are things I'd like to see.

1. Charge him with terrorism and send him to Guantnamo Bay. Let him live with other terrorists and treat him like one.

2. Find out anyone that knew what his plans were and charge them with terrorism also.

3. If the gun turned out to be his fathers, charge his father too. Maybe you don't try to convict the father, but make the kid think his dad is going to jail too.

BkYdPitmaster said:

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Too much pressure for any prosecutor to cut a deal. This will go on and serve as a warning to other nuts.

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The nuts won't care. They'd view themselves as martyr to the cause for like a poltical jihadi for Antifa carrying out their fatwa against what they view as their "oppressor"

AgNav93 said:

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The only plea deal I can see is Plead Guilty and get life without parole and spared the death penalty. But, I hope he gets death, and I hope it is in Utah and it's a firing squad. would be appropriate.

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No. This is not acceptable.

We have a fair trial and if he is found guilty, he should be executed. Firing squad would be most preferred.

His remains should be respectfully disposed of at sea like Bin Laden was so there is no gravestone or place for the radical left to make a monument out of. Because you know they would.

El Guero said:

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I don't know if any of the following is possible, but here are things I'd like to see.

1. Charge him with terrorism and send him to Guantnamo Bay. Let him live with other terrorists and treat him like one.

2. Find out anyone that knew what his plans were and charge them with terrorism also.

3. If the gun turned out to be his fathers, charge his father too. Maybe you don't try to convict the father, but make the kid think his dad is going to jail too.

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Prosecution is staying in state, so Guantanamo seems out of the question.