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

[10ofRods]

That’s what I thought, too, but when I read the Mirror article more carefully, it claims there’s another affidavit. “Mr Bitoni [a PI hired by the defense] wrote in an affidavit...”

Surviving roommate in university stabbings begs to not face 'killer' in court

Suspect Bryan Kohberger, 28, has been charged with four counts of first-degree murder and burglary after four University of Idaho students were stabbed to death on November 13, 2022

www.mirror.co.uk

I just thought of another possibility: that the article is written by an AI that’s having ‘hallucinations’—just making things up.

So, let me get this straight. The PI wrote an affidavit. Who leaked this affidavit to the Mirror? No one else reported these bizarre bits of information. How does the PI know what BF knew? How is that something he can swear to in an affidavit?

Did he only write an affidavit but not file it? If it was filed, it was under the gag order.

Sounds to me as if perhaps the affidavit-writer may have leaked it? I'm very curious about who might have leaked this alleged affidavit. Further, is the Mirror capable of using the word "affidavit" in the way that it's used, legally, in Idaho? Basic meaning of the term is "sworn statement" (so if I type "I swear under penalty of perjury that everything in this post is true to the best of my knowledge and belief), then I've made this post into an "affidavit."

Since the subpoena was issued, I feel that there had to have been some basis for it (so...I'll assume the PI exists and did file the affidavit - but it ought not to have been leaked to the Mirror and personally, I doubt that it was).

OTOH, I suppose this PI could share his findings with the Mirror on the down-low. Seems really disreputable. It'll be interesting to see how this plays out and what happens with the subpoena. If it's true that there is this affidavit claiming Naked Man Running (based on a PI"s...interview? with whom? with BF herself?), then I believe the Nevada Court will keep the subpoena for BF.

IMO.

 

[al66pine]

Flashback to Suzanne Morphew Case. Running Through a Door?

.... Actually, what the article says is "According to the affidavit,... man run through a rear sliding door."....

snipped for focus, and just jumping off your post. @Gemmie

Reminds me of Barry Morphew's cell data indicating the phone and presumably Barry were racing around the house and going THROUGH WALLS. Eeek. But that analysis was to show the data or data analysis was inaccurate (ETA: or misinterpreted).

Running through a DOOR? Running through a DOORWAY seems more likely. imo

As ^ wording is allegedly from a witness, I'll put my hairsplitting scissors away.
(Edit: deleted "purported" re witness, added "allegedly" re source of wording)
_________________________________________
"What is the difference between door and doorway?
A door is a hinged or otherwise movable barrier that allows ingress (entry) into and egress (exit) from an enclosure. The created opening in the wall is a doorway or portal."

Door - Wikipedia

en.wikipedia.org

 

[WingsOverTX]

I searched the affidavit and found no mention of naked, nude, unclothed, in the buff, in the raw, bare-assed, in the altogether, au natural, Adamite, leafless, unclad, disrobed, stripped, starkers, commando, streaker, full frontal, flashing, flashed or flasher, nor birthday suit.

The affidavit is below in case I missed one.

DocumentCloud

www.documentcloud.org

Thank you for being so thorough

 

[Twistinginthewind]

So, let me get this straight. The PI wrote an affidavit. Who leaked this affidavit to the Mirror? No one else reported these bizarre bits of information. How does the PI know what BF knew? How is that something he can swear to in an affidavit?

Did he only write an affidavit but not file it? If it was filed, it was under the gag order.

Sounds to me as if perhaps the affidavit-writer may have leaked it? I'm very curious about who might have leaked this alleged affidavit. Further, is the Mirror capable of using the word "affidavit" in the way that it's used, legally, in Idaho? Basic meaning of the term is "sworn statement" (so if I type "I swear under penalty of perjury that everything in this post is true to the best of my knowledge and belief), then I've made this post into an "affidavit."

Since the subpoena was issued, I feel that there had to have been some basis for it (so...I'll assume the PI exists and did file the affidavit - but it ought not to have been leaked to the Mirror and personally, I doubt that it was).

OTOH, I suppose this PI could share his findings with the Mirror on the down-low. Seems really disreputable. It'll be interesting to see how this plays out and what happens with the subpoena. If it's true that there is this affidavit claiming Naked Man Running (based on a PI"s...interview? with whom? with BF herself?), then I believe the Nevada Court will keep the subpoena for BF.

IMO.

Thanks, @10ofRods, this is what I was trying to say in one of my earlier posts but it was not as clearly written

 

[BeginnerSleuther]

My thoughts... Actually, what the article says is "According to the affidavit, she allegedly witnessed a naked man run through a rear sliding door." and the affidavit does NOT say that. On pg 4 the affidavit says:
View attachment 417367
Also, the source of this utter nonsense is the Mirror (tabloid)!

The Daily Mirror scored an average Factual Grade of 49.8%, placing it in the 9th percentile of our dataset. This score puts the Daily Mirror among the lowest 25 sites that we analyzed.

Nuff said. At least IMO it's nuff said. lol

Source: How Reliable Is the Daily Mirror? - The Factual | Blog

In fairness, what you're quoting is the probable cause affidavit. That's not the only kind of affidavit. Are we sure there isn't another affidavit that's sealed? I do realize it's a stretch to assume somehow the Mirror got a copy of it, but just making the point that just because it doesn't say that in the PCA doesn't mean it doesn't say it in another affidavit.

Also, wondering if maybe this affidavit (if it exists) is under NV's court records and not behind a seal. But I don't have a clue how to find something like that.

MOO.

 

[10ofRods]

So this article says BF saw a naked running out the sliding glass door? Also says she came face to face with the killer. I’m not sure I believe this. Thoughts?

To me it sounds like Mirror is conflating two things (DM definitely came face to face with the intruder - according to the PCA, which I have no current reason to doubt).

If the PI has a source for this information - mustn't that person be BF? Are we to assume that BF knowingly talked to a PI for the Defense? If I were the Nevada judge, I'd want that clarified by BF's attorney.

IMO.

 

[Cali_mom]

So the defense investigator's affadavit mentions that BF was interviewed several times by LE and she described things she heard and saw.

Could be that things she "saw" were later that morning when she woke up and left her room.

Or maybe she told LE about things she saw (and heard) earlier that morning, around the time of the murders.

MOO BF is the only roommate that was at the Sigma Chi party that XK and EC were at. Once all 3 were back at the Kings Road house perhaps she spoke with XK and EC <modsnip: Referenced posts discussing social media rumor have been removed>. Any such discussions, if they took place, may well be of interest to the defense. MOO

 

[Twistinginthewind]

Where did the "BF's lawyer is a public defender" concept come from? All I see in the docs are this:

"Comes now, KELLI ANNE VILORIA, counsel for BETHANY GRACE FUNKE, and respectfully moves to quash the Foreign Subpoena Out of State Commission obtained byEvelyn Grosenick, Interim Washoe County Public Defender on behalf of Defendant, BRYAN C. KOHBERGER for preliminary hearing in this case."

Did someone misread and think the Public Defender part applied to Viloria instead of BK's public defender?

https://int.nyt.com/data/documenttools/bethany-funke-motion-to-quash/b7f0bc06979cd64b/full.pdf

If you're referring to my post, @gremlin444, I didn't say BF's lawyer is a public defender, I said BK's public defender had subpeona'd BF from out of state/her hometown in NV. Sorry for any confusion, jmo

 

[10ofRods]

Assuming there's an ounce of truth in the article, Ms Taylor has access to all witness statements. <modsnip - reference was removed>

And she is bound by the gag order. I see no reason to believe Ms Taylor is the leaker (it could be BF's camp, who knows?)

IMO.

 

[Nila Aella]

New post in the Nevada case

1. 4050 - Stipulation ...

04/26/2023

Extra Text: Transaction 9634898 - Approved By: NOREVIEW : 04-26-2023:13:30:13

https://www.washoecourts.com/Query/CaseInformation/CV23-00566#collapse4

 

[wary]

And she is bound by the gag order. I see no reason to believe Ms Taylor is the leaker (it could be BF's camp, who knows?)

IMO.

But why would BF’s camp be leaking material designed to sound as though BF does have exculpatory testimony to give?

 

[BeginnerSleuther]

But why would BF’s camp be leaking material designed to sound as though BF does have exculpatory testimony to give?

IMO, if information was leaked, it came from the defense's side. They're the only ones with something to gain from this. JMO. The only other possibility that crossed my mind is someone close to the investigation who isn't restricted by the gag order, maybe a family member or friend or someone who knows what the PI found out. MOO.

 

[maskedwoman]

But yet BK's defense team is saying this information of a naked man in the house will be exculpatory to their client, NOT that this naked person was yet another version of BK being the suspect?

If I were his defense attorney, I would say that too. SODDI and, holy cow, BF saw him leave the house! But I think that theory only holds up until someone else starts asking her questions. Doesn't make it true, but I'm sure they would love to convince the judge of that. Failing that, to convince even one juror to see it that way. MOOooo

 

[al66pine]

Respectfully, if we're talking about BF, she hired a lawyer for "all that", so I don't think she is "in the dark" about what her testimony is relevant to or might mean. Just sayin', JMO....

snipped for focus @Twistinginthewind
Thank you very much for pointing this ^ out.
I did not intend to say or suggest that SHE was actually "in the dark" about significance of her potential testimony. Good that she has legal representation.

 

[Helechawagirl]

New post in the Nevada case

1. 4050 - Stipulation ...

04/26/2023

Extra Text: Transaction 9634898 - Approved By: NOREVIEW : 04-26-2023:13:30:13

https://www.washoecourts.com/Query/CaseInformation/CV23-00566#collapse4

Clear as mud to me; our lawyers will have to weigh in. Think it just notes that the motion was filed.

 

[x_files]

I miss KG's father. We need an insider who is vocal. Too bad free speech has been sacrificed completely for what the judge thinks are more important rights superceding *almost* all rights of the public (we do get those "blind leading the blind" absent-any-context doc releases online - yippee).

And no, it's not just prurient interest that has me longing for sunshine on these legal proceedings.

JMO

The gag order is frustrating.
However, I realize it's supposed to keep the integrity and fairness of the investigation/trial.
But hearing about BK naked and streaking/fleeing the scene of the crime. Yeah, I want to know more. At this point, I would NOT be shocked. Unless someone crashed at their house heard violent screaming and ran for the hills. (Could you blame them, really?)

 

[Nila Aella]

BF has agreed to sit for an interview.

https://twitter.com/ByMikeBaker

 

[katydid23]

You said: "The police have the time stamped cctv of the Elantra driving off at high speed and the neighbours doorbell footage of the loud thud, so they’re pretty confident of the actual time the murders occurred."

And I'm saying, if the police want to prove BK is guilty of murder because his car was at the scene of the crime, they can't use the car to determine the time of the murders. That's circular logic and confirmation bias, IMO.

Aren't they using the DNA on the sheath to prove BK was wielding the knife, and the car is then a clue to the time the murderer was fleeing the scene?

 

[DeDee]

My heart goes out to you as a fellow survivor (also cheers to his resting in peace fwiw).

RBBM

Very wise and excellent point! The residue from the traumatic event will be present anyway. Sometimes it can be empowering for a victim to take the stand, to testify (IME & MOO). Depending on how things unfold there might also be an opportunity for the surviving victims and the families of the victims to make statements of impact (victim impact statement) which is an important piece for healing (JMO).

Correct me if I'm wrong but I believe when you mention DM and refer to putting her in jail, you meant BF not DM?

I've asked the same/similar questions in the last thread once we learned of the subpoena. BF must have some knowledge that DM does not also have otherwise it would seem that both of them would be facing the same ordeal, no?

ITA and would likely fight as well. Especially if I thought my words could result in the case being dismissed in any way.

It was a struggle to complete the original post for obvious reasons. I made note that DM was frozen; however, I neglected to make it clear that I was referencing BF in my opinions regarding fighting the summons and being adamant about not placing her in a jail cell for failure to comply.

As a fellow survivor, your kind words are truly appreciated. No, he's not resting in peace for peace was not in him for he possessed the ability to create threatening chaos and the classic double bind of confusion.
------

It appears the Judge has ordered BF to attend the third day of the Prelim with immunity. If her testimony serves to prove BK was not the killer, how will the public react?

I've never seen a County where the officials wear many hats. The order is certified by the Police Chief's wife, a clerk with the 2nd Judicial District, as well as, being the county's auditor. The coroner is also a Defense Attorney.

Fry For Latah County Clerk
Coroner
Mabbutt Law Offices

https://twitter.com/x/status/1650535870972461056

 

[Twistinginthewind]

snipped for focus @Twistinginthewind
Thank you very much for pointing this ^ out.
I did not intend to say or suggest that SHE was actually "in the dark" about significance of her potential testimony. Good that she has legal representation.

You're welcome, @al66pine, although it could be extremely gracious of you to thank me if I misunderstood what you meant and 'went tangential' I'm sure BF may feel she is between a rock and a hard place in a lot of ways, jmo