TheTrenchcoat Chronicles

Kip Kinkel seeks new trial

Written by

Trench Reynolds

in

Kinkel lawyers seek new trial nine years later:

Trying to prove that no prison sentence is ever definite attorneys for parent killer and school shooter Kip Kinkel are trying to get him a new trial.

But his attorneys are still seeking to overturn Kinkel’s conviction and sentence. Their argument boils down to a relatively simple claim: Kinkel was mentally incapable of understanding his guilty plea.

Psychiatric experts hired by Kinkel’s legal team are scheduled to testify Tuesday that at the time of his plea in 1999, Kinkel’s mental health “had deteriorated so badly that he was seen curled up in a ball, hearing voices, and suffering from a panic attack,” according to court papers.

Given his condition, the U.S. Constitution requires that he get a new trial, Kinkel’s attorneys argue.

And he has an outstanding pillar of the community representing him…

Since then, Kinkel has obtained new lawyers, including Lawrence Matasar, a prominent Portland attorney whose clients range from former Portland Police Chief Derrick Foxworth to an Islamic charity worker accused of helping terrorists.

So let’s start with the revisionist history…

When state experts prepared to evaluate Kinkel in July 1999, his lawyers, as part of a “strategy to ensure that the state’s experts observed petitioner at the height of his mental illness,” ordered him to stop taking his medication, according to court papers. “As expected, petitioner’s mental illness worsened, his anxieties became more serious, and he began hearing the voices more frequently and more intensely.”

Days before his September trial was scheduled to begin, Kinkel started taking his anti-psychotic medications. But he received a low dosage, and it takes weeks for the medication to begin working, Matasar contends.

So when Kinkel considered his plea bargain, “he was in a psychotic state, mentally incompetent, unable to aid and assist in his own defense, and without the mental capacity to knowingly, intelligently and voluntarily waive any constitutional rights,” according to court papers.

The state’s attorney’s office disagrees…

“A criminal defendant’s counsel is in the best position to evaluate a client’s comprehension of the legal proceedings against him or her,” according to court papers. “Petitioner’s counsel spent numerous hours interacting with petitioner, consulted petitioner’s treating psychologist regarding his fitness to proceed and consulted with petitioner’s expert witness.”

So let’s sum up. He killed his parents then killed 2 and wounded 25 at his school. Batshit crazy or not I have no problem with him serving a 112-year sentence.

However, having said that I would love to hear from anyone who thinks that this assclown deserves a new trial and why. I’ll even allow the mutants to comment.

Comments

4 responses to “Kip Kinkel seeks new trial”

  1. starviego Avatar
    starviego

    Mutant reporting in
    ———————

    5-21-98
    Kip Kinkel, Springfield, OR, Thurston High School

    The best reason for a new trial is that there were probably more involved, as there usually are:

    “The Shooting Game, The Making of School Shooters” by Joseph Lieberman, Seven Locks Press, 2006

    pg94
    “Why did Kip need a gun?” (Korey)Evert replied, “A few kids were talking smack about Kip and we were going to get back at them, and it ain’t over.”(the day before)

    pg95
    Coach Wood, on hearing of the news of the shooting “I immediately knew who was involved. I thought that it might have been Cory[sic], for the fact that he was the one that was mouthy and threatening the day before. Kip, on the other hand, seemed to me like a normal, shy freshman that did not get into much trouble.”

    pg95
    When ask if the boy(Korey) was under any sort of suspicion, (Springield Police Chief)DeForrest answered, “Not at all.” In fact, because Korey’s words on May 20 had been spread around the faculty, there was some uneasiness among Thurston staff as to whether Korey actually planed to join Kip in the shooting, or if he had, in fact, gone to the school that morning, but then backed down. For a few confusing moments, there had been a false rumor of two shooters at the school.

    pg255
    (Assistant Principal)Doyle immediately started tending to the wounded. When someone said they thought there might be a second shooter “still out there,” he made a circuit of the building, returned, and got onto the public address system to warn everyone of the danger.
    His voice thundered over the loudspeakers “All students, stay in the classroom! Close and lock the doors! Turn off the lights!” (A student talking to his mom on his cellphone) begged his mom not to come to Thurston because they didn’t yet know where the shooter was…

    And of course the signs of mind control are all there:

    Q: Why did you go to school and start shooting people?
    A: I had to. I had no other choice. I couldn’t do anything else.

    pg30 “The Shooting Game”
    As to why he went on his rampage, Kip proclaimed, “my head kept telling me I had no other choice…. .”

    pg143 “The Shooting Game”
    When Bolsted asked Kip, “Where do you think the voices came from?” Kip replied, “Well, I had some theories. Maybe it was from the devil… the government might have put a chip in my head. Government satellites might have transmitted to the chip…. At first I thought the voices were outside of my head because they were so very loud, like surround sound.” Kip also claimed he believed one satellite gave voices to the microchip and another followed his every movement.

    pg151 “The Shooting Game”
    Kip told Lewis he couldn’t remember driving to school and he battled the voices even as he entered the hallway at Thurston. “I talked to the voices. I said “I don’t want to do this.” ”
    Bolsted insisted the boy understood that killing was evil because, “He begged the voices not to make him do it. He knew it was wrong. He has a moral code.”

    pg154 “The Shooting Game”
    The voices than cut a deal with Kip’s suicidal aspirations. He could be free of them at last if he committed certain homicidal acts. Kip reported that after hearing the voices say hundreds of times, “You have to go to school! Kill everybody!” he begged them to “Promise me you’ll let me kill myself after…” The voices assured him that he could do so……

    ————–

    “You’ve got to be able to move quickly if you’re running from Feds or special ops.”
    —Jeff Weise, Red Lake 3-21-05

    Reply
  2. Trench Avatar
    Trench

    Conspiracy theories from a third rate publisher?

    Try again.

    Reply
  3. Ross K. Morrison Avatar
    Ross K. Morrison

    Read Lieberman’s book, “The Shooting Game”, which I have, 5+ times, and see what the author pretends to be a serious study of the causes and prevention of “school shootings” for what it really is: a total trashing of a mentally ill youngster who could not defend himself, giving no footnotes for his charges, no index, while claiming it to be a serious “study”. It is the most unfair attack upon Kip Kinkel, that belongs on the garbage dump and is not to be taken seriously by anyone who really wants to understand the causes of “school shootings”. Kinkel should never have been released into his father’s custody, given the Oregon law as it reads, given Bill Kinkel’s bold faced lie to the police that there were no guns at his home when he knew full well that there were several semi-automatic weapons there, and given his blind sighted view of the dangerous state of mind that son was in. This was later compounded by the Prosecutor’s, Kip’s own lawyers and the sentencing Judge, all of whom were aware of the expert psychiatrictic/psychological and neurological opinions as to young Kinkel’s state of mind and inability to waive his rights, say he was not ill and knew what he was doing inn pleading guilty when he certainly did not. Shame, shame shame, on those who were responsible for the acceptance of Kip Kinkel’s assertions that he was not ill, knew what he was doing in pleading guilty (with a whole day to consider the prosecution’s “take it or leave it”
    offer. It was a very black day for Oregon judicial system’s record.

    Reply
  4. Trench Avatar
    Trench

    He killed 4 and got a 112 years. I don’t see why that’s a black day. Crazy or not he needs to be off the streets for good.

    Reply

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