4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #92

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Attorneys representing Bryan Kohberger are asking the Idaho Supreme Court to step in on a recent decision by the judge overseeing the case.

According to court documents, Kohberger’s defense is appealing Latah County District Court Judge John Judge’s decision not to toss Kohberger’s Grand Jury indictment.

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Bryan Kohberger's Attorney's ask the Idaho Supreme Court to Weigh in on Case

Updated 3 hrs ago
 
Attorneys representing Bryan Kohberger are asking the Idaho Supreme Court to step in on a recent decision by the judge overseeing the case.

According to court documents, Kohberger’s defense is appealing Latah County District Court Judge John Judge’s decision not to toss Kohberger’s Grand Jury indictment.

...



Bryan Kohberger's Attorney's ask the Idaho Supreme Court to Weigh in on Case

Updated 3 hrs ago
Starting to have some serious concerns about the Kootenai office where AT was hired. Article in paper about State police officer's wife being killed 3 years ago. Husband found her in tub (water still warm per arriving officer) with broken jaw, bruises, shot through the mouth. Planning to leave and divorce husband. Medical examiner ruled it suicide. Same medical officer ruled beheaded person as death unknown. Medical examiner no longer employed. Officer finally going on trial for murder.
What is that saying about life being stranger than fiction?
Good thing the Moscow student's bodies were sent to Spokane for autopsy.
 
March 8, 2024 1:09 AM

POST FALLS — Angela Navejas and her daughter, Ashlin Couch, had a close relationship with Maddie Mogen and Kaylee Goncalves.

After the earth-shattering 2022 murders in Moscow that also ended, far too early, the lives of Xana Kernodle and Ethan Chapin, the mother/daughter Navejas team needed a way to pay their love forward.

“We want to commemorate and exemplify the kindness, joy and friendship that Maddie and Kaylee embodied and live vicariously through their memories," Navejas said.

They founded the "Made With Kindness Foundation."

More at link...

 
Unless there is evidence we don't know about that proves his driving elsewhere - can that even be possible at this stage?
Does anyone know if he can "update" his alibi at some point, or is that procedurally barred? I would doubt it would be barred, but I don't know. Assuming it would be late discovery.
 
Does anyone know if he can "update" his alibi at some point, or is that procedurally barred? I would doubt it would be barred, but I don't know. Assuming it would be late discovery.

As of now the order from JJJ is Any Notice of Defense Alibi must be filed no later than April 17, 2024, if Defendant intends to offer a defense of alibi.


I assume if he wants to change it depending on state discovery disclosures a motion will be filed.
 
More Info Needed for Alibi Defense.
As of now the order from JJJ is Any Notice of Defense Alibi must be filed no later than April 17, 2024, if Defendant intends to offer a defense of alibi.
I assume if he wants to change it depending on state discovery disclosures a motion will be filed.
@twall Thanks :) for your post w link* to Feb 29, 2024 trial ct order, which included this re alibi:
_._._._._.__._.._._.__.._._._._._._._._._._._._

“Any Notice of Offense of Alibi must be filed no later than April 17, 2024, if the Defense intends to offer a defense of alibi. The Notice must comply with Idaho Code Section 19-519 and shall state "the PLACE or places at which the defendant claims to have been at the time of the alleged offense and the NAMES and ADDRESSES of the WITNESSES upon whom he intends to rely to establish such alibi.” (<-my CAPs)

Seems Judge decided BK's assertion of riding along in my automobile
( ;) w "No Particular Place To Go" like Chuck Berry's 1965 song ;) ** )
is insufficient for an alibi defense in ID.

Judge expects PLACES(s) where BK was at time of crime and WITNESSES' NAMES & ADDRESSES, per statute, by April 17.

_._._._._._._._._.-._._._.__._._._._._._
* https://s3.us-west-2.amazonaws.com/...24/022924-Order-Setting-Deadlines-Hearing.pdf
** Chuck Berry 'No Particular Place To Go' live 1965 in Belgium. youtube
 
More Info Needed for Alibi Defense.

@twall Thanks :) for your post w link* to Feb 29, 2024 trial ct order, which included this re alibi:
_._._._._.__._.._._.__.._._._._._._._._._._._._

“Any Notice of Offense of Alibi must be filed no later than April 17, 2024, if the Defense intends to offer a defense of alibi. The Notice must comply with Idaho Code Section 19-519 and shall state "the PLACE or places at which the defendant claims to have been at the time of the alleged offense and the NAMES and ADDRESSES of the WITNESSES upon whom he intends to rely to establish such alibi.” (<-my CAPs)

Seems Judge decided BK's assertion of riding along in my automobile
( ;) w "No Particular Place To Go" like Chuck Berry's 1965 song ;) ** )
is insufficient for an alibi defense in ID.

Judge expects PLACES(s) where BK was at time of crime and WITNESSES' NAMES & ADDRESSES, per statute, by April 17.

_._._._._._._._._.-._._._.__._._._._._._
* https://s3.us-west-2.amazonaws.com/...24/022924-Order-Setting-Deadlines-Hearing.pdf
** Chuck Berry 'No Particular Place To Go' live 1965 in Belgium. youtube
Thank you! Not kidding, the person who said something along the lines of BK: "I'll say I wasn't there and you can help me prove it..." That is starting to look like that's exactly what he's doing, MOO. It's like a "fishing expedition"-- for an alibi, seriously?? Source/"fishing expedition": Fishing expedition refers to someone overly investigating or demanding information from an individual or organization. In law, the term is most used to describe using the discovery phase of a lawsuit to demand too much information based on hunches and accusations.

Trying to have an open mind here, but when you see the "alibi," and the information D is seeking about the IGG, you can't help but wonder exactly what is going on there around the defense meeting table. MOO, is BK back to "teaching class"??
 
More Info Needed for Alibi Defense.

@twall Thanks :) for your post w link* to Feb 29, 2024 trial ct order, which included this re alibi:
_._._._._.__._.._._.__.._._._._._._._._._._._._

“Any Notice of Offense of Alibi must be filed no later than April 17, 2024, if the Defense intends to offer a defense of alibi. The Notice must comply with Idaho Code Section 19-519 and shall state "the PLACE or places at which the defendant claims to have been at the time of the alleged offense and the NAMES and ADDRESSES of the WITNESSES upon whom he intends to rely to establish such alibi.” (<-my CAPs)

Seems Judge decided BK's assertion of riding along in my automobile
( ;) w "No Particular Place To Go" like Chuck Berry's 1965 song ;) ** )
is insufficient for an alibi defense in ID.

Judge expects PLACES(s) where BK was at time of crime and WITNESSES' NAMES & ADDRESSES, per statute, by April 17.

_._._._._._._._._.-._._._.__._._._._._._
* https://s3.us-west-2.amazonaws.com/...24/022924-Order-Setting-Deadlines-Hearing.pdf
** Chuck Berry 'No Particular Place To Go' live 1965 in Belgium. youtube
I was reading that sentence in that tune! LOL

I'm glad Judge J is pushing the issue on the alibi. "My alibi is that I was out driving around and have no idea where I was" is just idiotic. All my kids and grandkids can't go anywhere without stopping for a drink or something. My daughter even stops for breakfast even though we have plenty of food at home. I can't imagine anyone his age drive around for hours in the middle of the night without stopping at a market - either to pee or buy a drink.
 
It's not just that he has no one to verify where he was. It's that he's not on camera anywhere that would prove he isn't the murderer. Even if he drove into an area that didn't have cameras, there should be a camera somewhere on the way there or way back that captured him on video.
 
Thank you! Not kidding, the person who said something along the lines of BK: "I'll say I wasn't there and you can help me prove it..." That is starting to look like that's exactly what he's doing, MOO. It's like a "fishing expedition"-- for an alibi, seriously?? Source/"fishing expedition": Fishing expedition refers to someone overly investigating or demanding information from an individual or organization. In law, the term is most used to describe using the discovery phase of a lawsuit to demand too much information based on hunches and accusations.

Trying to have an open mind here, but when you see the "alibi," and the information D is seeking about the IGG, you can't help but wonder exactly what is going on there around the defense meeting table. MOO, is BK back to "teaching class"??
This is what guilty defendants and their attorneys do when they have no real defense.
 
Thank you! Not kidding, the person who said something along the lines of BK: "I'll say I wasn't there and you can help me prove it..." That is starting to look like that's exactly what he's doing, MOO. It's like a "fishing expedition"-- for an alibi, seriously?? Source/"fishing expedition": Fishing expedition refers to someone overly investigating or demanding information from an individual or organization. In law, the term is most used to describe using the discovery phase of a lawsuit to demand too much information based on hunches and accusations.

Trying to have an open mind here, but when you see the "alibi," and the information D is seeking about the IGG, you can't help but wonder exactly what is going on there around the defense meeting table. MOO, is BK back to "teaching class"??

Maybe he wants one of those BK is innocent people to come forward and say, "Yes, I did see him at 4:00 am over in Hendersonville or wherever. Long shot
 
I get it. Judge sort of has to accept it.

What if I was hiking by myself from 2 to 6 PM one day and had no witnesses. It is still my alibi, but the alibi cannot be corroborated from another individual.

However, the part where he said more or less that his alibi might be able to be corroborated by unknown individuals who saw him is the far fetched part.

All he would have to have said is I went into 7 Eleven to get a coke OR I stopped at a gas station to get gas ... if it was far enough away from the CS and time of the murders, then he would be in the clear.

I know, this is common sense.
IMO, when AT has said that witnesses for the prosecution could assist with BK's alibi - she is alluding to the fact that BK's alibi will be corroborated by the CAST Report and individuals who worked on that report and possibly by other external means such as Cast Expert defense witnesses interpretation of the CAST Report, not by unknown individuals who saw him.

""It is anticipated this evidence may be offered by way of cross-examination of witnesses produced by the State as well as calling expert witnesses," the document said."

This is why AT was pointing out to JJ that she still does not have the CAST Report at the last hearing. In addition, I believe that BF may be able to shed some light onto if BK is the person she allegedly saw from her window that night (if that even occurred) and DM may also be able to say whether or not BK is the masked man she saw.

I must admit I am surprised that neither the prosecution nor defense have the CAST report yet. At almost 14 months after the murders, this seems excessively slow for the biggest current murder case in America. The CAST Report is an absolute necessity for trying this case and both sides need and deserve as much time with the Cast Report as possible prior to the trial.

All JMO.
 
It's not just that he has no one to verify where he was. It's that he's not on camera anywhere that would prove he isn't the murderer. Even if he drove into an area that didn't have cameras, there should be a camera somewhere on the way there or way back that captured him on video. *
^ VR, culpably so. ^

Excerpt (recorded, partial): Extraordinary Motions- Defense - re. Discovery, alleged inadequacies - - - {hearing sometime, likely soon.}

* "...and the defense position, your honor, is that the government is obligated to:
(1) search for and locate every camera that could have captured Mr. Kohberger on video, and/or
(2) to satisfy the stringent discovery requirements of this DP case, prove that no cameras of any kind exist anywhere in the matrix of roadways, highways, by-ways, avenues, lanes, or passages traversable by Mr. Kohberger's Elantra during the alleged relevant interval in November 2022.
This is the defense position, may it please the court, and we rest as to this motion."

_____________________________________________________
Bench ruling, GOBliaison, J., woolsack ensconced: "Uhhh...and where might learned defense counsel have brushed into the generally inapposite, ineffective and unavailing nature of, industry required and courtroom machinations inherent in:
Proving a Negative?
'Civil or Criminal Procedure' - first year?
Was it 'trial strategies'? 'Moot Court?' - Perhaps some electives?
Even, perchance (unfortunate), one certain (of counsel?) Iris Eytan?
"Well, no worries: 'Cause we ain't doing it here. Now or never." "Counsel may resume her seat.
"Oh. And Bailiff: Would you assist counsel to that dedicated chair in the corner? No. You don't have to leave that pointy hat hanging
there.


AtA^
Fiction, opinion (retired legal kind) and colorful thinking.

[TYA,iA]
 
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It's not just that he has no one to verify where he was. It's that he's not on camera anywhere that would prove he isn't the murderer. Even if he drove into an area that didn't have cameras, there should be a camera somewhere on the way there or way back that captured him on video.
My fear is that the defense team is endlessly scouring various camera footage across town and will find grainy footage of random white cars and claim it is proof of his alibi. :rolleyes:
 
This is what guilty defendants and their attorneys do when they have no real defense.
IMO and my opinion only…

The defense is waiting for the cell tower data to come back. Then they’ll draw a circle around the triangulation data no matter how big or small. Which essentially says BK could have been anywhere within this range.

And they’ll use that circle to focus on and canvas the CCTV footage in those areas. They’ll seize on any areas without cameras or areas with cameras that showed any discernible white vehicle. and say “BK was there and not the house”.

And if they can’t get those things to line up they’ll fight the cellular data.

MOO. I am not any kind of expert as I demonstrate here day in and day out.
 
IMO and my opinion only…

The defense is waiting for the cell tower data to come back. Then they’ll draw a circle around the triangulation data no matter how big or small. Which essentially says BK could have been anywhere within this range.

And they’ll use that circle to focus on and canvas the CCTV footage in those areas. They’ll seize on any areas without cameras or areas with cameras that showed any discernible white vehicle. and say “BK was there and not the house”.

And if they can’t get those things to line up they’ll fight the cellular data.

MOO. I am not any kind of expert as I demonstrate here day in and day out.
Most of us aren't experts but we can surely give our opinions and I respect yours!

All the shenanigans when defendants don't have a real defense--- It kinda makes me sick and we see it all the time in high profile cases- it is ugly, but for me, it only serves to make the defendant look more guilty!
 
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