arielilane
Justice for Liz Barraza
Judge Judge said he's going to take this under advisement and issue a written decision. Court is now adjourned.
4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #84
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arielilane
Justice for Liz Barraza
Both sides have rested. Judge Judge says he will take it all under advisement, look at the written case law and will release a written decision soon. Court has been adjourned for the day.
arielilane
Justice for Liz Barraza
girlhasnoname
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The Defense is not entitled to every single document it wishes. Wanting it and being legally entitled to it in discovery are 2 different things IMO.
arielilane
Justice for Liz Barraza
No family members of the #Idaho4 victims appear to be in Latah County courtroom today. #Kohberger
Defendant Bryan #Kohberger just entered courtroom with his attorneys. He's wearing a suit and tie again. Judge John Judge is on the bench, and Prosecutor Bill Thompson is handling the case on the behalf of the state of Idaho.
Judge is talking about revised gag order. Prosecutors and defense and any "agents" are affected by this order. Some media think that doesn't apply to law enforcement, but it does, he said.
Judge said law enforcement will be included in order, along with investigators, just to make definitions clear. Retained witnesses will be included. Judge doesn't want trial to be in the media.
Cameras are in courtroom right now. People have been pushing the envelope, judge said. Cameras can't be turned to top of tables where notes sit. Don't focus on solely on defendant, judge advises. Back off, and make sure you capture totality of what's happening in court.
Defense attorney Anne Taylor is outlining what motions her team would like addressed today. Judge taking notes.
Discovery process now being discussed. She's seeking an order that defense receives discovery. Prosecutor hasn't done something wrong, she said. Kohberger's team asks for discovery when they believe it exists.
We have come to an impasse in a few areas, Taylor said. The purpose of discovery is to prevent an unfair trial or a trial by surprise. It protects the defendant's 6th amendment rights. Several things are still needed from PA, such as training records of three specific officers.
State is not willing to give us those training records, Taylor said. The three police officers made critical decisions, and records will help explain the process. Two are ISP officers. Imperative for us to understand how they made decisions.
Taylor said Kohberger's team wants info on FBI investigation and how cellphone records made it into the probable-cause affidavit. She wants an order with a date to get those records.
We do not have those records yet, your honor, Taylor said. Information was used to obtain search warrants. Order from court is needed to get it in more timely manner.
Now asking for info on FBI forensic examiner who told state what car to look for. Taylor said she doesn't have report yet. This information was heavily relied upon by the state to arrest Kohberger, Taylor said.
"These are critical, relevant materials, all of them," Taylor said. Necessary to defend Kohberger. Heightened standard now that death penalty on the table.
PA said office has worked diligently to provide all of the info to defense. We are down to just a few points of disagreement. Training records are not material to the case, according to prosecution.
Several hundred investigators have been involved in this case. Prosecutor doesn't want to open the door for future requests for training records
Taylor said she's aware more than 120 officers involved in case. She's not asking for all of them, just the records of three officers who played "critical roles" in investigation. One did a Spillman search, interviewed witnesses, handled and collected evidence.
Second officer interviewed a key witness, noting he was specialized in trauma cases. Third officer did a dozen or so interviews, many after arrest of Kohberger, attended autopsy, followed up on tips, made decisions, and collected bits of evidence.
How they do their job is incredibly important, Taylor said.
Ashley Jennings, deputy prosecutor, said most of what Taylor said is pure speculation. Judge noted defense had quite a list.
Judge Judge said he's going to take this under advisement and issue a written decision. Court is now adjourned.
Latah County Prosecutor Bill Thompson did not speak in court today. Hearing was brief, as defense plans to discuss other motions to compel at a later date.
Defendant Bryan #Kohberger just entered courtroom with his attorneys. He's wearing a suit and tie again. Judge John Judge is on the bench, and Prosecutor Bill Thompson is handling the case on the behalf of the state of Idaho.
Judge is talking about revised gag order. Prosecutors and defense and any "agents" are affected by this order. Some media think that doesn't apply to law enforcement, but it does, he said.
Judge said law enforcement will be included in order, along with investigators, just to make definitions clear. Retained witnesses will be included. Judge doesn't want trial to be in the media.
Cameras are in courtroom right now. People have been pushing the envelope, judge said. Cameras can't be turned to top of tables where notes sit. Don't focus on solely on defendant, judge advises. Back off, and make sure you capture totality of what's happening in court.
Defense attorney Anne Taylor is outlining what motions her team would like addressed today. Judge taking notes.
Discovery process now being discussed. She's seeking an order that defense receives discovery. Prosecutor hasn't done something wrong, she said. Kohberger's team asks for discovery when they believe it exists.
We have come to an impasse in a few areas, Taylor said. The purpose of discovery is to prevent an unfair trial or a trial by surprise. It protects the defendant's 6th amendment rights. Several things are still needed from PA, such as training records of three specific officers.
State is not willing to give us those training records, Taylor said. The three police officers made critical decisions, and records will help explain the process. Two are ISP officers. Imperative for us to understand how they made decisions.
Taylor said Kohberger's team wants info on FBI investigation and how cellphone records made it into the probable-cause affidavit. She wants an order with a date to get those records.
We do not have those records yet, your honor, Taylor said. Information was used to obtain search warrants. Order from court is needed to get it in more timely manner.
Now asking for info on FBI forensic examiner who told state what car to look for. Taylor said she doesn't have report yet. This information was heavily relied upon by the state to arrest Kohberger, Taylor said.
"These are critical, relevant materials, all of them," Taylor said. Necessary to defend Kohberger. Heightened standard now that death penalty on the table.
PA said office has worked diligently to provide all of the info to defense. We are down to just a few points of disagreement. Training records are not material to the case, according to prosecution.
Several hundred investigators have been involved in this case. Prosecutor doesn't want to open the door for future requests for training records
Taylor said she's aware more than 120 officers involved in case. She's not asking for all of them, just the records of three officers who played "critical roles" in investigation. One did a Spillman search, interviewed witnesses, handled and collected evidence.
Second officer interviewed a key witness, noting he was specialized in trauma cases. Third officer did a dozen or so interviews, many after arrest of Kohberger, attended autopsy, followed up on tips, made decisions, and collected bits of evidence.
How they do their job is incredibly important, Taylor said.
Ashley Jennings, deputy prosecutor, said most of what Taylor said is pure speculation. Judge noted defense had quite a list.
Judge Judge said he's going to take this under advisement and issue a written decision. Court is now adjourned.
Latah County Prosecutor Bill Thompson did not speak in court today. Hearing was brief, as defense plans to discuss other motions to compel at a later date.
Observe_dont_Absorb
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I'm confused why the defence want the training records of the three officers involved?
Is she referring to detectives who questioned BK prior to him appointing a lawyer (which he did quite quickly IIRC)?
Is she trying get specific info about the interview, questioning, and decision making protocols they would have been taught as part of their job training? If so, why? Surely if they did nothing incorrect or against procedure, the training and methods they use aren't relevant?
Is BK hoping to claim some type of prejudice or lack of adjustment for disabilities or health problems he may have I wonder? JMO MOO
Is she referring to detectives who questioned BK prior to him appointing a lawyer (which he did quite quickly IIRC)?
Is she trying get specific info about the interview, questioning, and decision making protocols they would have been taught as part of their job training? If so, why? Surely if they did nothing incorrect or against procedure, the training and methods they use aren't relevant?
Is BK hoping to claim some type of prejudice or lack of adjustment for disabilities or health problems he may have I wonder? JMO MOO
I'm Nobody
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Takeaway: Is D not sure it will go to trial or just standard language???
DEFENSE SAID: it doesn't matter if they will be called as witnesses if it goes to trial,
edit: Interesting. Not "when" it goes to trial but "if" it goes to trial.
JMO
Last edited:
The prosecution said that these ISP officers are not "likely" to be called as witnesses,
arielilane
Justice for Liz Barraza
#BryanKohberger Hearing: Kohberger is requesting a stay of proceedings and the release of grand jury materials. That information is typically private, but the defense will argue it is necessary information to build the strongest case for their client.
Defense says it's making "extraordinary efforts" to go through discovery. Says this is not a fishing expedition, but real items to investigate this case and prepare an adequate defense. Asking for court intervention to make it happen. Defense listing precedent about discovery.
"We've asked for several things that we still need." In specific, requesting training records of three police officers. Defense is not asking for records of every officer, just three that have each conducted critical interviews with witnesses in the case, made decisions about the interviews, made decisions about evidence and conducted other investigations. Defense wants records to show their processes. Says that the defense has received similar records for other cases, but is not accessible without the State's cooperation.
Second motion to compel: Looking for information from FBI speciality team who use cell phone records that were used in the probable cause affidavit. Prosecutor has indicated that defense will be getting these items, but they don't know when. Defense asking for specific date.
Last motion to compel: FBI Forensic examiner who told the state to look for white Hyundai Elantra. Defense says it has the communications between PD and FBI about date range, but defense does not have the official report from the examiner. Asking the court to create a deadline to hand it over. Says it is necessary for the defense to prepare its case. Says State has a duty to provide discovery to the defense, but not producing discovery can be a due process violation. Given that death penalty is now on the table, the defense says urgency is required for all of these materials. "There is a heightened standard now that the State has announced its intent to seek the death penalty... and these are very relevant pieces of information."
Counterargument from State: the defense has everything the State has. That includes: 10,000 tips 51 terabytes of audio/video information Argues the three officers training records are not material to the case and those officers will likely not even be called to the witness stand if it went to trial.
About the FBI forensic reports: State says the defense is seeking a specific report that is in its final stages of the review. Says it will be turned over as soon as it's ready, which should be "within the next few weeks.”
Judge sets a date for the final two motions to compel. That FBI report must be turned over by July 14, unless there is an objection by federal authorities.
Defense pushing back about the three officer's training records. Says it doesn't matter if they will be called as witnesses if it goes to trial, they are still witnesses to the case. One officer assisted in the search at 1122 King Road. Did follow-up investigations, signed lab agreements and collected evidence. Second officer did interview with key witness expected to testify. Also mentioned a specialty of working with trauma victims. Interview of key witness was one of multiple with the same witness by other officers. Defense says it may subpoena the officer if it goes to trial. Third officer did dozens of interviews, including after Kohberger arrest. The officer attended autopsy proceedings, did follow ups on tips. Made decisions about tips given to law enforcement.
Both sides have rested. Judge Judge says he will take it all under advisement, look at the written case law and will release a written decision soon. Court has been adjourned for the day.
Defense says it's making "extraordinary efforts" to go through discovery. Says this is not a fishing expedition, but real items to investigate this case and prepare an adequate defense. Asking for court intervention to make it happen. Defense listing precedent about discovery.
"We've asked for several things that we still need." In specific, requesting training records of three police officers. Defense is not asking for records of every officer, just three that have each conducted critical interviews with witnesses in the case, made decisions about the interviews, made decisions about evidence and conducted other investigations. Defense wants records to show their processes. Says that the defense has received similar records for other cases, but is not accessible without the State's cooperation.
Second motion to compel: Looking for information from FBI speciality team who use cell phone records that were used in the probable cause affidavit. Prosecutor has indicated that defense will be getting these items, but they don't know when. Defense asking for specific date.
Last motion to compel: FBI Forensic examiner who told the state to look for white Hyundai Elantra. Defense says it has the communications between PD and FBI about date range, but defense does not have the official report from the examiner. Asking the court to create a deadline to hand it over. Says it is necessary for the defense to prepare its case. Says State has a duty to provide discovery to the defense, but not producing discovery can be a due process violation. Given that death penalty is now on the table, the defense says urgency is required for all of these materials. "There is a heightened standard now that the State has announced its intent to seek the death penalty... and these are very relevant pieces of information."
Counterargument from State: the defense has everything the State has. That includes: 10,000 tips 51 terabytes of audio/video information Argues the three officers training records are not material to the case and those officers will likely not even be called to the witness stand if it went to trial.
About the FBI forensic reports: State says the defense is seeking a specific report that is in its final stages of the review. Says it will be turned over as soon as it's ready, which should be "within the next few weeks.”
Judge sets a date for the final two motions to compel. That FBI report must be turned over by July 14, unless there is an objection by federal authorities.
Defense pushing back about the three officer's training records. Says it doesn't matter if they will be called as witnesses if it goes to trial, they are still witnesses to the case. One officer assisted in the search at 1122 King Road. Did follow-up investigations, signed lab agreements and collected evidence. Second officer did interview with key witness expected to testify. Also mentioned a specialty of working with trauma victims. Interview of key witness was one of multiple with the same witness by other officers. Defense says it may subpoena the officer if it goes to trial. Third officer did dozens of interviews, including after Kohberger arrest. The officer attended autopsy proceedings, did follow ups on tips. Made decisions about tips given to law enforcement.
Both sides have rested. Judge Judge says he will take it all under advisement, look at the written case law and will release a written decision soon. Court has been adjourned for the day.
schooling
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I put myself in my sisters' shoes and could never imagine putting her through that. Not only the violation but having a parent carry through with calling the police.
Does that do it?
That alone would stop me from doing it. Never mind the legal, ethical and moral implications.
So AT doesn't believe the Prosecution is withholding anything, but she wants the Judge to make them hand things over. That makes me think of a politician who says "let me be clear" and then precedes to be everything BUT clear.
EBM: typo
I think she is just wanting to emphasize that there needs to be a deadline established, not that the prosecution wouldn't eventually be forthcoming with the documents.
isabella88
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When you have an addict in your family and they won't stop stealing from you, it's not uncommon. It can often be a wakeup call. Just my opinion and experience.
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Usually they say "at trial."
Not "if it goes to trial."
Sounds like a "slip."
Like now with the DP BK's attorneys might want him to consider a plea to avoid the DP. I believe he will take a plea to avoid the DP.
We will see if I'm right. Too much evidence against him. Most defendants in his situation take pleas to drop the DP. Rare to take it to trial.
Unless defense can find their exculpatory evidence and alot of it.
2 Cents
arielilane
Justice for Liz Barraza
Another reporter's perspective:
Taylor says prosecution says we’ll be getting those items disclosed to us but we don’t know when so asking court to issue order with date certain to obtain those records. She reiterates she doesn't think the state is doing anything wrong but she wants deadline.
In 2nd motion to compel, Taylor says they're asking for a lot of info from FBI CAST team & FBI forensic examiner team so they can prepare their defense & investigate. CAST team uses cell phone records that provide info that found its way into probable cause affidavit to arrest BK
THREAD FROM COURT: We're in Latah Co District Court, where #BryanKohberger is appearing in a black suit. He's surrounded by 3 attorneys, and 2 attorneys are sitting at prosecution's table.
Taylor also wants reports from FBI forensic examiner who told state to look for a white Hyundai Elantra. The year of car they were looking for changed, so she wants reports. Again, doesn't think state is withholding, but wants to compel a deadline from the FBI.
Taylor (paraphrased): Now that death penalty is on the table, these are critical, relevant materials, including police training records. They're necessary for us to provide defense and do our investigation.
Prosecution objects to providing training records of officers who interviewed witnesses because says they will not be called on to testify during trial & they’re not material to the case. Asks judge to find this is outside criminal rule scope in Idaho.
Judge gives federal government a deadline of July 14 to provide discovery the prosecution & defense are waiting on from FBI CAST team and FBI forensic examiner team.
Judge will take both sides' arguments under advisement and look at case law to make decision about training records.
We are all SO CONFUSED bc they were supposed to take up motions to stay proceedings & release of grand jury records
Taylor says prosecution says we’ll be getting those items disclosed to us but we don’t know when so asking court to issue order with date certain to obtain those records. She reiterates she doesn't think the state is doing anything wrong but she wants deadline.
In 2nd motion to compel, Taylor says they're asking for a lot of info from FBI CAST team & FBI forensic examiner team so they can prepare their defense & investigate. CAST team uses cell phone records that provide info that found its way into probable cause affidavit to arrest BK
THREAD FROM COURT: We're in Latah Co District Court, where #BryanKohberger is appearing in a black suit. He's surrounded by 3 attorneys, and 2 attorneys are sitting at prosecution's table.
Taylor also wants reports from FBI forensic examiner who told state to look for a white Hyundai Elantra. The year of car they were looking for changed, so she wants reports. Again, doesn't think state is withholding, but wants to compel a deadline from the FBI.
Taylor (paraphrased): Now that death penalty is on the table, these are critical, relevant materials, including police training records. They're necessary for us to provide defense and do our investigation.
Prosecution objects to providing training records of officers who interviewed witnesses because says they will not be called on to testify during trial & they’re not material to the case. Asks judge to find this is outside criminal rule scope in Idaho.
Judge gives federal government a deadline of July 14 to provide discovery the prosecution & defense are waiting on from FBI CAST team and FBI forensic examiner team.
Judge will take both sides' arguments under advisement and look at case law to make decision about training records.
We are all SO CONFUSED bc they were supposed to take up motions to stay proceedings & release of grand jury records
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