The “awkward silence” occurs at about the 11:00 minute mark and last approximately 1/2 second (maybe a bit less). And the attorney never says that the defendant isn’t going to respond. Other than that, your description is spot on.
From this video, it appears that “standing silent” does not mean the defendant refuses to speak. Throughout the hearing, the judge asks specific yes/no questions (do you understand this charge? Is your name spelled correctly in the paperwork?, etc.) and the defendant replies with a simple yes. If they are building a competence case, it’s not being done at this hearing.
And the judge doesn’t hesitate when the attorney immediately replies that the defendant will be standing silent. No tone of surprise or thoughtful pause, just a statement that he’ll be entering a Not Guilty plea. In fact, prior to the plea, the judge specifically instructs the defendant on his right to remain silent throughout the process.
Finally, the article on the page has this explanation that discusses standing silent in Idaho law:
According to Idaho Criminal Rule 11(a)(1), if a suspect refuses to enter a plea or decides to stand silent, the court must enter a not guilty plea on the suspect’s behalf.
That doesn’t make much sense - people plead “not guilty” and then negotiate all the time.There’s no reason he couldn’t plead “not guilty “ and then negotiate a guilty plea in exchange for the death penalty being off the table. In fact, I doubt if it matters whether the defendant actually says the words “not guilty “ or the judge enters the plea on the defendant’s behalf.
This feels like a very state specific procedure. I’m no trial lawyer but I have never heard of this in my state. A first appearance is pro forma and it’s almost impossible to enter a guilty plea at that time. A judge will often enter a not guilty plea for a defendant to ensure they have had time to get adequate legal advice. It’s barely worth mentioning in the press.
Prominent YouTube lawyer Steve Lehto has a video up explaining how common such a silent plea is. It’s no big deal, people do it all the time. In his state it’s included on the checkboxes for just such a response.
Lehto notes that per the 5th amendment you don’t have to say anything to an accusation. So it is a right to not respond that some people choose to exercise. And, of course, nor do they have to explain why they did this.
People are making a mountain of something that doesn’t even amount to a molehill.