4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, 2022 #78

[CGray123]

How will the interview between BF and BK's attorney work? I assume this is a deposition and that BF will have her attorney present who may advise her at times not to answer a question, if appropriate to do so.

What does Anne Taylor gain or lose by going to Nevada to interview BF versus insisting that BF appear at the preliminary hearing? Definitely looks more victim-friendly to drop the subpoena requiring BF to show up at the PH, so this is a goodwill gain for the defense. On the other hand, at a PH it seems that BK's defense team would be able to question BF without BF's attorney playing a role. IANAL, so wonder what others think.

The stipulation filed in court says BF agreed to an "interview" with defense counsel, not a deposition. This is a significant de-escalation that suggests to me BF's evidence may not be very helpful to BK. From this development, and considering the way investigator Richard Bitonti phrased his affidavit in support of the Nevada subpoena, I am inclined to speculate that Bitonti read the police reports and thought BF might have useful information. However, she was not cooperative. The clearly defective subpoena may have achieved its only purpose after all; an interview with BF in a place and setting where she can feel comfortable.

The stipulation makes no mention of a prosecutor being in attendance. If that's the case it suggests to me they know what BF will say and aren't worried about it.

Finally, I believe the Mirror article quotes the defense investigator's affidavit for something it does not say, and conflates DM's experience with BF's:

"According to the affidavit, she allegedly witnessed a naked man run through a rear sliding door. She lived on the first-floor of the home and came face-to-face with the alleged killer."

All MOO.

 

[PrairieWind]

The stipulation filed in court says BF agreed to an "interview" with defense counsel, not a deposition. This is a significant de-escalation that suggests to me BF's evidence may not be very helpful to BK. From this development, and considering the way investigator Richard Bitonti phrased his affidavit in support of the Nevada subpoena, I am inclined to speculate that Bitonti read the police reports and thought BF might have useful information. However, she was not cooperative. The clearly defective subpoena may have achieved its only purpose after all; an interview with BF in a place and setting where she can feel comfortable.

The stipulation makes no mention of a prosecutor being in attendance. If that's the case it suggests to me they know what BF will say and aren't worried about it.

Finally, I believe the Mirror article quotes the defense investigator's affidavit for something it does not say, and conflates DM's experience with BF's:

"According to the affidavit, she allegedly witnessed a naked man run through a rear sliding door. She lived on the first-floor of the home and came face-to-face with the alleged killer."

All MOO.

I'd say the subpoena has done exactly what the Defense needed it to do; get her to talk to them. She clearly knows something. I suspect part of this comes from what she told LE in her statements to them (as referenced in the affidavit) and also perhaps third party information (which may be what the Mirror article hints at). The Defense has wanted to talk to her, but she is under no obligation to do so and was refusing. The subpoena flushed her out. They will talk to her in the interview. If they still need to compel her testimony they can later.

 

[x_files]

Sometimes in this case it feels like everything I know is wrong.
We have multiple facts released by LE, and others from MSM. But it is hard to fit all these pieces into a concise narrative.
We have an arrested suspect who seems to be a strange guy, but no history to suggest he would murder multiple people. He apparently had been in the vicinity of the house before, but no locations actually pinpointed. He drove a strange route the night of the murders and there was radio silence at the presumed time of the crime (no geolocation). A car matching the description of his car is near the house at the time of the crime. And DNA was found on a knife sheath (we assume it matched BK, but those results haven't been released).

But what happened in the house makes no sense. We have documentation of a "thud", someone interacting with a dog, a few random overheard phrases, and two witnesses who may have seen the killer but were unaware a home invasion was ongoing and murders had been committed. And a doordash driver made a delivery immediately before the murders. We know XK was awake. Most of us have assumed that the two women on the top floor were asleep, but we also know they were texting shortly before the attack, and there is no actual evidence they were sleeping.

It will likely all make sense when all the evidence is presented. LE obviously should have asked the two survivors why they didn't call 911. The doordash driver would have described what he saw on his arrival. The exact locations of the bodies and autopsy findings will be revealed. We will know what, if any, evidence was recovered from the vehicle.

IMHO certain residents of this house were targeted and had somehow interacted with the killer in the past. It also seems as if there was some interaction between the killer and at least some of his victims and possibly the witnesses. I don't suspect the survivors being involved.

There may NOT be a motive that is logical to anyone sane (not mentally ill or a psychopath).
Some people like the fantasy of planning and carrying out a thrill kill. After years following many True Crime cases rarely any crime of this nature has ever made any logical sense to me. If you aren't a violent person or a sexual sadist it never will make any sense to us "normies."
Until this goes to trial not much will make sense.

 

[x_files]

I'd say the subpoena has done exactly what the Defense needed it to do; get her to talk to them. She clearly knows something. I suspect part of this comes from what she told LE in her statements to them (as referenced in the affidavit) and also perhaps third party information (which may be what the Mirror article hints at). The Defense has wanted to talk to her, but she is under no obligation to do so and was refusing. The subpoena flushed her out. They will talk to her in the interview. If they still need to compel her testimony they can later.

It doesn't prove she saw or knows anything except the Defense is looking to see what she knows and poke holes in it.

 

[Boxer]

How does BF see Bryan leaving thru the slider but not see victims Xana or Ethan (or their blood)?

If she does see any of these three people right after commission of the crimes, why does she not call LE?

The minute we accept that BF left her room on the 1st floor during the limited timeframe of the murders, we are left with no scenario that fits the KNOWN ELEMENTS in the PCA.

These discussions raise a lot of doubts because of the assumption that neither survivor had CAUSE to know about any of the 4 crimes & not act on that knowledge immediately.

Moving these two victims into the realm of contemporaneous knowledge of any of the 4 murders shakes this case to its core.

What did happen that night?

JMO

MOO Drunken and high revelry common in the house.

 

[x_files]

MOO Drunken and high revelry common in the house.

Drunken party behavior can be erratic at times, but often more silly naked streaking vs four housemates end up massacred. This case is a strange one indeed if he did commit the murders completely naked.

 

[Sister Golden Hair]

I think the reason we can access this and it can be discussed:

https://int.nyt.com/data/documenttools/bethany-funke-material-witness-warrant/43954cdb14544969/full.pdf

is because the attorneys didn't file a motion to seal. If the attorneys had wanted it sealed, they would have filed a motion to seal - that is separate from the gag order. Two separate things IMO. AFAIK, they did not file a motion to seal. AT could have done that thru the NV PD.

Consider that even with the gag order, the ID motions to seal/redact all have to be filed in Idaho court and an order issued by the court. Gag order or not. And no one associated with the case can leak info from those documents or discuss the case with the press (gag order). BUT the ID PCA was only redacted, and it has been discussed all over the media - just not by LE or the attorneys involved. I doubt we'll see LE or the attorneys involved spitballing about the ID PCA on MSM.

In the case of the NV filings, it's open record available to the public in the same way that the ID PCA is open with redactions. And that's not because of a gag order, it's because the court didn't order it sealed/redacted.

Gag order and orders to seal/redact are two separate things that should not be confused imo.

Idaho Judicial Cases of Interest

coi.isc.idaho.gov

 

[detectivewannab]

The stipulation filed in court says BF agreed to an "interview" with defense counsel, not a deposition. This is a significant de-escalation that suggests to me BF's evidence may not be very helpful to BK. From this development, and considering the way investigator Richard Bitonti phrased his affidavit in support of the Nevada subpoena, I am inclined to speculate that Bitonti read the police reports and thought BF might have useful information. However, she was not cooperative. The clearly defective subpoena may have achieved its only purpose after all; an interview with BF in a place and setting where she can feel comfortable.

The stipulation makes no mention of a prosecutor being in attendance. If that's the case it suggests to me they know what BF will say and aren't worried about it.

Finally, I believe the Mirror article quotes the defense investigator's affidavit for something it does not say, and conflates DM's experience with BF's:

"According to the affidavit, she allegedly witnessed a naked man run through a rear sliding door. She lived on the first-floor of the home and came face-to-face with the alleged killer."

All MOO.I

I think this is a total PR for defense. They want to get some type of doubt out in the public.

 

[PrairieWind]

I think the reason we can access this and it can be discussed:

https://int.nyt.com/data/documenttools/bethany-funke-material-witness-warrant/43954cdb14544969/full.pdf

is because the attorneys didn't file a motion to seal. If the attorneys had wanted it sealed, they would have filed a motion to seal - that is separate from the gag order. Two separate things IMO. AFAIK, they did not file a motion to seal. AT could have done that thru the NV PD.

Consider that even with the gag order, the ID motions to seal/redact all have to be filed in Idaho court and an order issued by the court. Gag order or not. And no one associated with the case can leak info from those documents or discuss the case with the press (gag order). BUT the ID PCA was only redacted, and it has been discussed all over the media - just not by LE or the attorneys involved. I doubt we'll see LE or the attorneys involved spitballing about the ID PCA on MSM.

In the case of the NV filings, it's open record available to the public in the same way that the ID PCA is open with redactions. And that's not because of a gag order, it's because the court didn't order it sealed/redacted.

Gag order and orders to seal/redact are two separate things that should not be confused imo.

Idaho Judicial Cases of Interest

coi.isc.idaho.gov

Yes. These are filings, which are still public record. The gag order doesn't affect these. The gag order restricts comments made by the addressed parties. The Prosecution or Defense can ask certain filings to be sealed or redacted or the court could do that on its own under certain guidelines.

 

[PrairieWind]

I think this is a total PR for defense. They want to get some type of doubt out in the public.

No, I don't think so. They need to get information from her and she hasn't been cooperative. This is what they had to do to get her to talk to them.

 

[Nila Aella]

Order quashing subpoena (Nevada)

5. 3370 - Order ...

04/26/2023

Extra Text: ORD QUASHING SUBPOENA - Transaction 9635386 - Approved By: NOREVIEW : 04-26-2023:15:09:43

https://www.washoecourts.com/Query/CaseInformation/CV23-00566

edit: added link to the court

 

[10ofRods]

How does BF see Bryan leaving thru the slider but not see victims Xana or Ethan (or their blood)?

If she does see any of these three people right after commission of the crimes, why does she not call LE?

The minute we accept that BF left her room on the 1st floor during the limited timeframe of the murders, we are left with no scenario that fits the KNOWN ELEMENTS in the PCA.

These discussions raise a lot of doubts because of the assumption that neither survivor had CAUSE to know about any of the 4 crimes & not act on that knowledge immediately.

Moving these two victims into the realm of contemporaneous knowledge of any of the 4 murders shakes this case to its core.

What did happen that night?

JMO

It's my understanding that the two bodies were inside Xana's room (Ethan's in the bed near the back wall and Xana's on the floor - possible right next to the door). At any rate, the speculation has been that the two roommates called friends in, because they were scared and realized something was very wrong when Xana didn't answer her texts or phones (they thought she might be passed out).

//On the morning of Nov. 13, the two roommates called friends over to their house because they thought one of the victims on the second floor had passed out and wasn't waking up.// Source: Idaho college murders: The complete timeline of events

I agree that no known scenario fits with BF also getting up, going upstairs, etc. I also think that neither DM nor BF could see bloody evidence out in the area by Xana's room. They were freaked out by the failure of their roommate to wake up when called/spoken to through the door.

If both roommates had seen someone inside the house during the night, one would think they would have shared that information with each other at the time (and they could have, I suppose, leading to fear and panicked calls to friends - on the view that the friends would get there very quickly; I believe some of these friends or all of them were male).

I think the easiest conclusion to make (made by @CGray123 above) is that the Mirror got it wrong.

IMO.

 

[maskedwoman]

Actually, I think the problem was that your first sentence said ‘wouldn’t’ when it should have said ‘would.’

As it stands, your first sentence contradicts the rest of your post. No big deal!

MOO

That too. I am having a day!

 

[Boxer]

It's my understanding that the two bodies were inside Xana's room (Ethan's in the bed near the back wall and Xana's on the floor - possible right next to the door). At any rate, the speculation has been that the two roommates called friends in, because they were scared and realized something was very wrong when Xana didn't answer her texts or phones (they thought she might be passed out).

//On the morning of Nov. 13, the two roommates called friends over to their house because they thought one of the victims on the second floor had passed out and wasn't waking up.// Source: Idaho college murders: The complete timeline of events

I agree that no known scenario fits with BF also getting up, going upstairs, etc. I also think that neither DM nor BF could see bloody evidence out in the area by Xana's room. They were freaked out by the failure of their roommate to wake up when called/spoken to through the door.

If both roommates had seen someone inside the house during the night, one would think they would have shared that information with each other at the time (and they could have, I suppose, leading to fear and panicked calls to friends - on the view that the friends would get there very quickly; I believe some of these friends or all of them were male).

I think the easiest conclusion to make (made by @CGray123 above) is that the Mirror got it wrong.

IMO.

Sounds like they feared an OD situation.

 

[Megnut]

Is there a sightline between BF's bedroom windows and the slider?

Consider: if BK removed the black clothes, he might have discovered the missing sheath. Did he go back in? And was scared off?

If there's any truth to the article, perhaps each woman saw BK, but at slightly different points in time

What's really compelling IMO is BK's failed calculus, if he was banking on a sleeping household and confident in his prowess.

Question remains (for me): if M was his sole target and K hadn't been there at all, likewise no Murphy, and X has been asleep, not on TikTok, not hungry, would BK, could BK have murdered his one target in relative silence and escaped undetected?

Owing to a mountain of IMO poor planning, in a house with six occupants, only his target may have been asleep. Everyone else, it seems, was awake or awakened.

Does the open door on the first floor factor into any of this?

Just my random thoughts an unformed opinions

 

[Twistinginthewind]

Sorry, but when is the preliminary hearing scheduled?

The week of June 26 - 30

"Kohberger appeared before 2nd District Magistrate Judge Megan Marshall, who set his preliminary hearing for 9 a.m. Pacific time on Monday, June 26, at Taylor’s request. Latah County Prosecutor Bill Thompson did not object to the timeline. Thompson is a 1980 graduate of the U of I’s law school.

Marshall set aside that entire week for the hearing in case it’s necessary, through the morning of Friday, June 30. At a preliminary hearing, the prosecutor needs to present enough evidence to prove probable cause that Kohberger committed the crimes."

https://www.idahostatesman.com/news/local/crime/article271078862.html

 

[NyxNY]

Is there a sightline between BF's bedroom windows and the slider?

SBMFF

IMO, no way. BF's bedroom was on the first floor in the front on the left side of the house in image below, with no side window. The slide is in the rear of the house on the opposite right side of the image.

ETA image and link

The house on King Road: A look at the Moscow home where four U of I students were killed - East Idaho News

(Idaho Statesman) — At 1122 King Road in Moscow sits a gray six-bedroom, three-bathroom house that continues to be the source of significant national attention. Known as a student rental, the home’s most recent tenants were a group of six University of Idaho undergraduates who signed a 12-month...

www.eastidahonews.com

 

[Vaderman]

I highly doubt, if the story is true, the naked individual was the killer. He'd have shed a lot more DNA than the bit that was found on the sheath.

 

[Justice101]

There may NOT be a motive that is logical to anyone sane (not mentally ill or a psychopath).
Some people like the fantasy of planning and carrying out a thrill kill. After years following many True Crime cases rarely any crime of this nature has ever made any logical sense to me. If you aren't a violent person or a sexual sadist it never will make any sense to us "normies."
Until this goes to trial not much will make sense.

Motive does not need to be establish to prove guilt.

To me, it's just sort of a "story" to frame the entire prosecution body of work on so that the senseless makes some kind of sense

 

[Justice101]

BF was one floor down from the murders and on the other side of either exit to the house.

Did you hear anything? A: maybe but it did not wake me up enough to get up and tell them to be quiet.

That might be the entire story that BF can truthfully tell