Kip Kinkel to use Supreme Court ruling to appeal sentence, second verse same as the first

Kip Kinkel

Kip Kinkel

Late last month the US Supreme Court reaffirmed its earlier ruling that automatic life sentences without parole for teens was unconstitutional. This re-ruling has caused the attorney for Kip Kinkel to appeal the 115 year sentence a then 15-year-old Kinkel received for the 1998 murder of his parents and shooting killing two at Thurston High School in Oregon. The problem we’ve been here before.

In 2013 Kinkel tried to appeal his sentence after the Supreme Court made their initial ruling in 2012. is appeal was denied then because his sentence was not a mandatory life sentence. Kinkel entered into a plea deal of 25 years however the sentencing judge added 40 months for each charge of attempted murder for which there were 25 charges. While I’m far from a legal expert I fail to see what’s changed in the last three years.

As far as I’m concerned Kinkel is the only school shooter who got a sentence close to what he deserved.

UPDATE 2/12/2016: To the surprise of absolutely no one Kinkel’s sentence has been upheld yet again.

UPDATE 5/10/2018: The Oregon State Supreme Court has once again ruled that Kinkel’s 100+ year sentence is constitutional.

Kip Kinkel’s sentence upheld once again

School shooter’s sentence won’t change:

Kip Kinkel

Kip Kinkel

For the love of Christ how many tries does this loser get?

The infamous Kip Kinkel who murdered his parents then went on to shoot up Thurston High School in Oregon killing four in 1998 will be serving his 100+ year sentence for the foreseeable future. An Oregon judge ruled last week that Kinkel’s sentence was not cruel and unusual.

In the past few years the now 31-year-old Kinkel has been trying to get his sentence reduced and has failed at every attempt. This time his attorney tried arguing the point that recently the Supreme Court ruled that mandatory life sentences for teens were unconstitutional. However the judge noted that Kinkel’s sentence was not a mandatory one. That was just the sentence he got.

Can we finally close the book on this scumbag now? You’re not getting out unless you live to be over 120.

Kip Kinkel to use Supreme Court ruling to appeal sentence

Kip Kinkel

Kip Kinkel

Kip Kinkel uses landmark U.S. Supreme Court ruling to challenge sentence:

Once again Kip Kinkel is back in the news for appealing his sentence. Kinkel was sentenced to 115 years for the 1998 shooting and killing of his parents and killing two at Thurston High School in Oregon. He’s previously tried to have his sentence overturned by claiming both insanity and improper counsel. Now he’s trying to use a Supreme Court ruling to his favor.

Last year the US Supreme Court ruled that mandatory life sentences without parole for minors is unconstitutional. Kinkel was 15 at the time of his murder spree. I don’t agree with the Supreme Court’s ruling however while they said that mandatory LWOP for minors was unconstitutional they also said that minors could still be sentenced to LWOP for murder as long as the sentence wasn’t a mandatory one.

Kinkel accepted a plea deal of 25 years for the murders however the judge at the time tacked on 40 moths a piece on attempted murder charges for each person he wounded in is spree. There were 26 wounded. That jacked up his sentence to where it is today. His sentence was not a mandatory sentence.

If there are any fancy lawyerin’ types out there wouldn’t the Supreme Court just review the facts then refuse to rule on this?

Personally I don’t see this succeeding even in our ‘no personal responsibility’ society of today.

UPDATE 5/27/2013: Appeal denied for being 8 years past the appeal deadline. See you in 2113 jackass.

Kip Kinkel sues to be insane

kipkinkel30

Kip Kinkel

Killer Kip Kinkel sues to get insanity plea:

You may remember Kip Kinkel from such hits as the 1998 school shooting at Thurston High School that killed 2 or shooting his parents to death. He’s back in the news again with another ploy to get out of his 115-year sentence.

Previously he has appealed his sentence stating that at the time of his guilty plea he ‘heard voices’. That appeal was denied. Now he’s suing the head of the Oregon State Correctional Institution to have his plea changed from guilty to guilty but insane. If this lawsuit would be successful this would allow Kinkel to serve out his sentence in a mental health facility rather than prison.

Kinkel’s attorney says that he’s not trying to evade responsibility but that he should be in a laxer mental facility rather than mean old prison. Not his exact words but that’s how I read it.

If history is any indicator this will be another failed attempt by Kinkel to avoid the full punishment he deserves. However, it only takes one sympathetic and misguided judge in order to Kinkel get his way.

Kip Kinkel sentence upheld

Kip KInkel

Kip KInkel

You all remember Kip Kinkel don’t you? In 1998 at the age of 15 he killed his parents before opening fire at Thurston High School killing two. In 1999 he was sentenced to 115 years behind bars after pleading guilty.

He’s tried before to have his sentence thrown out and gain a new trial but once again Kinkel’s appeal has been denied by the Oregon Court of Appeals.

His latest argument was that at the time he accepted his plea he was only on his anti-psychotic meds for three days when he accepted the plea deal and this his aunt, who was his guardian at the time, should have been notified of the plea before it was accepted.

The court ruled that per testimony Kinkel was in his right mind and that as guardian his aunt was only in charge of his school and medical records since, you know, he killed his parents.

Of course the next step is for Kinkel’s legal team to appeal to the Oregon Supreme Court. However the victims that he killed can’t appeal their death.

Kip Kinkel seeks new trial yet again

Kip Kinkel’s Attorneys File Appeal, Seek New Trial:

Kip Kinkel is asking for a new trial again.

You remember Kip don’t you? He’s the soulless monster who killed his parents and two of his classmates from Thurston High in Oregon. The same 16-year-old who was sentenced to 111 years for the killings.

Now the 26-year-old Kinkel is trying get a new trial again using the insanity method. That request has already been denied once.

Let’s hear from one of his attorneys…

Dennis Balske: “Nobody’s trying to, quote, get him off in any sense of the word. And so what the case is about is whether or not he gets to have a trial at which a jury determines whether or not in fact he was insane at the time.”

If Kinkel were to get a new trial and found insane he would be transferred to a state hospital. So basically since he can’t get out of prison he wants to stay in a cushy hospital.

What I’d like to know has he been insane since the shootings? Or was this that legendary ‘temporary’ insanity we’ve heard do much about.

And here’s another great case for bringing back asylums for the criminally insane. Don’t make the insanity plea an incentive. Make the places just as nasty as prison and we’ll see who is truly insane and who has a case of faker-itis.

Kip Kinkel denied retrial

Springfield school killer denied new trial:

Speaking of Kip Kinkel, because you know we were, he has been denied a new trial.

Kinkel claimed he was too mentally ill to agree to a plea bargain that sent him to prison for more than 111 years. But the judge disagreed.

Kinkel argued his original defense attorneys and the trial judge should have ordered a mental competency evaluation before going ahead with the plea bargain.

But a lawyer for the attorney general’s office argued during a two-day hearing in June that Kinkel understood what was happening and was intelligent enough to calculate that his best chance for a reduced sentence was the plea deal.

Thank God for a responsible judge for once.

(Trench’s Note: I had this written up early yesterday but took the night off. Still a TOF to D.P. for thinking of me. 🙂 )

The voices

Oregon judge expects ruling on new Kinkel trial within 30 days:

There is more drama on the appeal of Kip Kinkel’s conviction and it’s starting to sound slightly familiar.

Two of the mental health experts involved in the case now say they should have recommended the evaluation, based on their lengthy interviews with Kinkel as a teenager.

Dr. Orin Bolstad, a clinical psychologist, and Dr. William Sack, a psychiatrist, testified Tuesday for Kinkel, arguing that he showed “classic signs” of paranoid schizophrenia, hearing voices and suffering delusions and hallucinations.

Bolstad and Sack say they believe his original attorneys should have raised the insanity defense instead of choosing the plea bargain.

Sack and Bolstad said Kinkel had become skilled at hiding his illness because he desperately wanted to appear normal and was too young to understand what was happening to him, fearing he would be labeled “retarded” — even though tests have shown him to be highly intelligent.

Kinkel’s new attorney, Larry Matasar, argued that any teenager who told doctors he was having paranoid delusions that he believed the Walt Disney Co. was trying to take over the world and that the government had implanted a computer chip in his brain — as Kinkel did — clearly was suffering from mental illness.

But his constant reference to hearing voices that made his life “a living hell” since the sixth grade should have put his attorneys and the judge on notice that a mental competency evaluation was needed, Matasar said.

“This young man was seriously ill,” Matasar said, “and it was during this time that his attorneys gave him the plea offer.”

Being able to “hide” paranoid schizophrenia reminds me of the trial of another school shooter John Jason McLaughlin. He tried arguing that he heard voices, had hallucinations, and that he could hide his illness. That jury didn’t buy it and by all accounts it sounded like the only illness he had been I’m-a-big-faker-ophrenia. Which is what it sounds like Kip Kinkel has too. Did the “voices” tell him to amass an illegal weapons cache for months prior to the murders or use explosives on animals? I seriously doubt it.

On Wednesday, the state offered testimony from a forensic psychologist, Dr. Eric Johnson, and a veteran Eugene trial attorney, Kelly Beckley, supporting Kinkel attorneys Richard Mullen and Mark Sabitt, along with the trial judge, Lane County Circuit Judge Jack Mattison.

Johnson said there was no indication from any mental health expert in the case — including the two defense experts — that Kinkel was incompetent because of his mental illness.

“In my opinion, they have presented a thoughtful and elegant theory, but they have pointed to no discernible evidence that I’m aware of,” Johnson said.

Beckley said Mullen and Sabitt, whom he has known for years, are both experienced criminal attorneys who have dealt with mentally ill clients, while Mattison took “extraordinary” steps to ensure that Kinkel understood all 58 counts of the plea bargain when it was read in court.

Beckley noted the judge said in an affidavit that he would have stopped the proceedings if he had any doubt at all about Kinkel’s competence.

The fact that this appeal is even going on is a disgrace.

The judge will rule within 30 days.

Jail the lawyers

Does Kip Kinkel deserve a new trial — a new chance?:

This is an editorial about the prospect of a Kip Kinkel release. Most of it is just a recap of the situation so far with Kinkel’s lawyer appealing the conviction. However the author has a great idea about how to limit such foolhardy exploits…

The sad thing about people like Kinkel and others like him is that they are wide awake when they commit these crimes but then have the financial wherewithal to force taxpayers into spending tens of thousands of dollars in responding to efforts by them and their benefactors to get them out of prison on “home” visits or permanently released. If they succeed in doing so with Kinkel, and he commits more heinous crimes, not anything like unlikely, the whole bunch of them, attorneys groveling after the big bucks and those willing to spend the big bucks to free this killer, should be locked up together with no recourse for appeal. Maybe that condition would serve to slow, even stop, the madness of the way those with wealth abuse justice in these United States.

We can always hope.

Kip Kinkel seeks new trial

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.