4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #83

[Nila Aella]

• 06/21/2023 Defendants Motion to Shorten Time
• 06/21/2023 Notice of Hearing Defendants 2nd Motion to Compel
• 06/21/2023 Order to Shorten Time
• 06/22/22023 Order Regarding Notice of Hearing

 

[Nila Aella]

Because I didn't know what it meant
Looks like they will do both the first and second motion to compel on the 27th.

shortening time​

Primary tabs​

Shortening time is a court order made per the request of a party by a motion filed, allowing a motion or other legal matter to be set at a time shorter than provided by law or rules of court. Shortening time is usually granted when the time for trial or some other court action is approaching, and a hearing must be heard promptly by the judge. For example, local rules require that a party give the other side ten days' notice before a hearing. If the trial is set to begin in nine days, a court might shorten the time to schedule a hearing to five days, provided the notice is served within 24 hours.

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwjYmKuP4tf_AhULFVkFHfpTCk0QFnoECBcQAQ&url=https%3A%2F%2Fwww.law.cornell.edu%2Fwex%2Fshortening_time&usg=AOvVaw1YLdJ4YijHCT2iEWu-S1QN&opi=89978449

https://coi.isc.idaho.gov/docs/case/CR29-22-2805/062123%20Order%20to%20Shorten%20Time.pdf

https://coi.isc.idaho.gov/docs/case/CR29-22-2805/062123%20Notice%20of%20Hearing%20Defendants%202nd%20Motion%20to%20Compel.pdf

 

[borndem]

So glad to see an arrest. Hoping this is the Real Thing -- it certainly looks to be.
It's good & bad news for those who loved the victims -- a trial and the preliminaries will bring back the details of it all, and that will be so very difficult and sad for those who loved and knew the four who were killed. SMH, but hopeful for justice. It won't bring them back, but the families and victims deserve justice.
Wondering how long it will take for a trial to begin...

 

[Twistinginthewind]

<snipped for focus>
Is the argument now that BK can never ever be arrested since the controversial dna method/sample was used to finalize the warrant...now that gets tossed out and every piece of evidence collected since and this case remain unsolved forever?

Again, the local profile is completely unrelated.

So what's the end game here?

(RSBMFF):

Regarding the DNA sample "useability", IIRC, the PCA and/or the original arrest warrant stated "even if the DNA on the sheath was thrown out" (paraphrasing, since I don't have access to those documents right now, but it's been discussed quite a few times early on), that the rest of the arrest warrant evidence / probable cause would still stand. So the caveat about the DNA not being a "deal breaker" if you will, was written into the PCA and/or arrest warrant approved by the judge.

Not sure if this ^^^^ is germane to what you were wondering about, but thought of it and brought it up as an aside. Links to PCA / arrest warrant upthread and on the "No Discussion / Media Links Only" subthread, IIRC.

Not sure what the end game is on the part of the defense, unless it's grasping at straws and trying to undermine the caveat mentioned above?

JMO

 

[Cool Cats]

(RSBMFF):

Regarding the DNA sample "useability", IIRC, the PCA and/or the original arrest warrant stated "even if the DNA on the sheath was thrown out" (paraphrasing, since I don't have access to those documents right now, but it's been discussed quite a few times early on), that the rest of the arrest warrant evidence / probable cause would still stand. So the caveat about the DNA not being a "deal breaker" if you will, was written into the PCA and/or arrest warrant approved by the judge.

Not sure if this ^^^^ is germane to what you were wondering about, but thought of it and brought it up as an aside. Links to PCA / arrest warrant upthread and on the "No Discussion / Media Links Only" subthread, IIRC.

Not sure what the end game is on the part of the defense, unless it's grasping at straws and trying to undermine the caveat mentioned above?

JMO

The reason the DNA wasn't used as Probable Cause for the house/apt./office/car Search Warrants and for the Arrest Warrant, is because if the DNA gets ruled inadmissible then it won't impact the Probable Cause for those Warrants.

From PCA

If the DNA was used to get the Warrants and the judge threw out the DNA, the defense could say that there wasn't enough Probable Cause to do the searches and make arrest.

They would attack all the Search Warrants and Arrest Warrant.

 

[Twistinginthewind]

I noticed re-reading the redacted search warrant of BK's parent's home and car, which contains as Attachment A, Detective Payne's statement (a copy of his statement in the PCA + additional text (approx. 4 more pages framing additional reasons to seek search warrant) added to the end:

On page 27 of 31 (link below to PDF of the search warrant), it says BK's sister was living at the family home at the time of his arrest. JMO and just note to self, I didn't remember this detail that his sister "resided" with their parents at the time. JMO.

https://www.pacourts.us/Storage/med...chwarrant(b.kohberger),inventory,exhibits.pdf

 

[Twistinginthewind]

The reason the DNA wasn't used as Probable Cause for the house/apt./office/car Search Warrants and for the Arrest Warrant, is because if the DNA gets ruled inadmissible then it won't impact the Probable Cause for those Warrants.

From PCA

If the DNA was used to get the Warrants and the judge threw out the DNA, the defense could say that there wasn't enough Probable Cause to do the searches and make arrest.

They would attack all the Search Warrants and Arrest Warrant.

Thanks, @Cool Cats ! I don't know why I couldn't find that searching the PCA.

 

[schooling]

I noticed re-reading the redacted search warrant of BK's parent's home and car, which contains as Attachment A, Detective Payne's statement (a copy of his statement in the PCA + additional text (approx. 4 more pages framing additional reasons to seek search warrant) added to the end:

On page 27 of 31 (link below to PDF of the search warrant), it says BK's sister was living at the family home at the time of his arrest. JMO and just note to self, I didn't remember this detail that his sister "resided" with their parents at the time. JMO.

https://www.pacourts.us/Storage/med...chwarrant(b.kohberger),inventory,exhibits.pdf

View attachment 430569

Nice find.

I also love the fact that Detective Payne makes the point that the same cell phone in the PCA...was now thousands of miles away in PA...at BKs house.

Also, worth mentioning that in the trial of the rapper facing the death penalty in MN FL. The defense unsuccessfully tried to challenge both cellular triangulation data and cell phone step (pedometer) data. As LE was using the step data to stitch together movements once the phones stopped at a location.

 

[wary]

So glad to see an arrest. Hoping this is the Real Thing -- it certainly looks to be.
It's good & bad news for those who loved the victims -- a trial and the preliminaries will bring back the details of it all, and that will be so very difficult and sad for those who loved and knew the four who were killed. SMH, but hopeful for justice. It won't bring them back, but the families and victims deserve justice.
Wondering how long it will take for a trial to begin...

I believe that the trial is still scheduled to start Oct 1st—but I don’t believe it will start then!

 

[Twistinginthewind]

Nice find.

I also love the fact that Detective Payne makes the point that the same cell phone in the PCA...was now thousands of miles away in PA...at BKs house.

Also, worth mentioning that in the trial of the rapper facing the death penalty in MN FL. The defense unsuccessfully tried to challenge both cellular triangulation data and cell phone step (pedometer) data. As LE was using the step data to stitch together movements once the phones stopped at a location.

Yeah, within a month and a few days of their 4 murders in ID, he traveled 2,000 miles away to PA, so when he was arrested there LE designated him "a fugitive of (from?) Justice" !

ETA: Or as @Gemmie sometimes says, he had "hightailed" it outta there

That term (fugitive.from.justice) was in the charging docs, not sure which one now, so MOO, but I saw it and it made my day !

You can run but you can't hide...

 

[wary]

Yeah, within a month and a few days of their 4 murders in ID, he traveled 2,000 miles away to PA, so when he was arrested there LE designated him "a fugitive of (from?) Justice" !

ETA: Or as @Gemmie sometimes says, he had "hightailed" it outta there

That term (fugitive.from.justice) was in the charging docs, not sure which one now, so MOO, but I saw it and it made my day !

You can run but you can't hide...

Much as I think he’s guilty, I also think we’re trying far too hard, when we try to pretend that a college student going home for Christmas is acting suspiciously.

 

[Twistinginthewind]

Much as I think he’s guilty, I also think we’re trying far too hard, when we try to pretend that a college student going home for Christmas is acting suspiciously.

Good point, @wary. I was citing what we know from public documents what LE seems to have assessed about BK's trip back home for the holidays, and him being a fugitive from justice as stated in the charging documents, and MOO it may be innocent or not.

 

[10ofRods]

I think the defense is going to go for a delay, without asking for it explicitly at this time. The strategy would be to claim that, while wanting a speedy trial, they could not achieve one due to the misconduct/delay on the part of the State.

So, without pleading in court and without asking for it explicitly, Kohberger's trial may be delayed (and it's possible the State will be punished; c.f. Barry Morphew case).

I don't think this will happen the way they want. But...if the trial is delayed (and it will be), the Defense can claim it wasn't their fault.

There will probably be more motions of this type. Kohberger's eagerness to be "exonerated" notwithstanding.

imo

 

[BeginnerSleuther]

Good point, @wary. I was citing what we know from public documents what LE seems to have assessed about BK's trip back home for the holidays, and him being a fugitive from justice as stated in the charging documents, and MOO it may be innocent or not.

I get that you're using the documents as evidence of this, but IMO, the charging documents are factually and legally wrong. A "fugitive from justice" has a very specific meaning and this isn't it. I hope whoever wrote that is taking better care with the language they use at trial.

MOO.

 

[wary]

Good point, @wary. I was citing what we know from public documents what LE seems to have assessed about BK's trip back home for the holidays, and him being a fugitive from justice as stated in the charging documents, and MOO it may be innocent or not.

I think that anyone you’re trying to extradite has to be called a fugitive from justice.

Just MOO—I’m not a lawyer

 

[wary]

I get that you're using the documents as evidence of this, but IMO, the charging documents are factually and legally wrong. A "fugitive from justice" has a very specific meaning and this isn't it. I hope whoever wrote that is taking better care with the language they use at trial.

MOO.

I don’t remember the ‘from justice’ part. But here’s a discussion of extradition that specifically says: “typically referred to as a fugitive.” So, I believe that it does have a specific legal meaning, just doesn’t have the everyday person-in-the-street meaning. Check out the first sentence of the extradition overview.

extradition

www.law.cornell.edu

MOO

 

[Cool Cats]

I think the defense is going to go for a delay, without asking for it explicitly at this time. The strategy would be to claim that, while wanting a speedy trial, they could not achieve one due to the misconduct/delay on the part of the State.

So, without pleading in court and without asking for it explicitly, Kohberger's trial may be delayed (and it's possible the State will be punished; c.f. Barry Morphew case).

I don't think this will happen the way they want. But...if the trial is delayed (and it will be), the Defense can claim it wasn't their fault.

There will probably be more motions of this type. Kohberger's eagerness to be "exonerated" notwithstanding.

imo

Yes, the defense just filed a motion for a delay.

The defense is asking for all the GJ proceedings including witness list. They are entitled to some GJ evidence but they are crossing the line by asking for information they are not entitled to. This is slowing things down because the prosecution has to keep filing opposition motions.

So the defense is asking to halt everything and get more time on the grounds that the prosecution is not turning over everything they have on the GJ.

Bryan Kohberger’s defense asks judge to halt hearings over records delay

Attorneys for the Moscow homicide defendant may seek to challenge his indictment. The trial is now scheduled for October.

www.seattletimes.com

Attorneys for Moscow homicide defendant Bryan Kohberger seek to pause his court proceedings while they await delivery of contested records from last month’s grand jury indictment that pushed the closely watched case to a trial scheduled for October.

Kohberger’s defense team might consider challenging the indictment of their client by the confidential panel, which the prosecution sat exclusively for this case.

The defense requested the details of those grand jury hearings, including all transcripts and recordings, presented evidence and the jurors’ names, to decide how to move forward, according to court records.

 

[I'm Nobody]

Because I didn't know what it meant
Looks like they will do both the first and second motion to compel on the 27th.

shortening time​

Primary tabs​

Shortening time is a court order made per the request of a party by a motion filed, allowing a motion or other legal matter to be set at a time shorter than provided by law or rules of court. Shortening time is usually granted when the time for trial or some other court action is approaching, and a hearing must be heard promptly by the judge. For example, local rules require that a party give the other side ten days' notice before a hearing. If the trial is set to begin in nine days, a court might shorten the time to schedule a hearing to five days, provided the notice is served within 24 hours.

Confusing to me. Defense wants to hurry up and wait.
(Shorten time by putting 2 motions on 6/27 and STAY proceedings so D has more time.)

I hope BK was able to watch the octillion news reports about himself today.
With BK's control issues when disrespected/stressed/bad news
-- as in BK seems to have no control (think altercations with professor) --
his stress level must be rising, often leading to irritability and moodiness.
Tuesday is going to be interesting.
Except no cameras again? We won't be able to watch his jaw or fists clench.

JMO

 

[Twistinginthewind]

I don’t remember the ‘from justice’ part. But here’s a discussion of extradition that specifically says: “typically referred to as a fugitive.” So, I believe that it does have a specific legal meaning, just doesn’t have the everyday person-in-the-street meaning. Check out the first sentence of the extradition overview.

extradition

www.law.cornell.edu

MOO

Right after his arrest, the fugitive from justice warrant was publicly available, but I don't think it is anymore. Here are two citations about it from PA State Police. I agree it was likely a mechanism for them to extradite him back to ID (BBM). JMO.

""Bryan C. Kohberger, 28, was arrested on a fugitive from justice warrant early this morning by members of Troop N and the Special Emergency Response Team at a home in Chestnuthill Township, Monroe County. Kohberger was arraigned before on-call Magisterial District Judge Michael Muth and remanded to Monroe County Correctional Facility pending extradition to Idaho," the Pennsylvania State Police said in the statement."

Who is Bryan Christopher Kohberger? Suspect arrested in Idaho murders

"According to a probable cause affidavit from Monroe County, Moscow PD was working with the Pennsylvania State Police assisting in the homicide investigation. Police arrested Kohberger based on an active warrant for being a 'fugitive from justice' according to a statement by PA State Police."

Moscow murders suspect was surveilled before arrest, Pennsylvania Police say.

 

[SortaSleuthy]

I think the defense is going to go for a delay, without asking for it explicitly at this time. The strategy would be to claim that, while wanting a speedy trial, they could not achieve one due to the misconduct/delay on the part of the State.

So, without pleading in court and without asking for it explicitly, Kohberger's trial may be delayed (and it's possible the State will be punished; c.f. Barry Morphew case).

I don't think this will happen the way they want. But...if the trial is delayed (and it will be), the Defense can claim it wasn't their fault.

There will probably be more motions of this type. Kohberger's eagerness to be "exonerated" notwithstanding.

imo

Nailed it!