4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #85

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Goodness they're busy... No alibi though.

Thank you for sharing, Nila!
MOO as a DP case they will file and file any and every motion possible.

This is why, though obviously the perpetrator of this crime deserves to forfeit their life, I prefer life without possiblity of parole in a Super Max.
Just let nature carry out the death sentence.

Hopefully justice will survive the attacks on its procedures. And the poor witnesses too.
 
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Goodness they're busy... No alibi though.

Thank you for sharing, Nila!
The Subpeona was from April 17th
One warrant was from April 19th
The other warrants were from way back in March (March 30th)

So, new to us but not recent filings.

The two new items are the requests for discovery (2) and their stipulated seals with the orders.
Looking at the dates: the state filed their response to discovery including the information that was Ordered by the Judge on the 11th. The defense filed their supplemental requests on the 12th. MOO

 
MOO defense team entered the court grinning.
So wrapped in their game that they forgot they were in the presence of the families of the victims.
Even if they believe BK innocent, which I highly doubt, especially if they believe BK innocent one would expect serious professional demeanor not glee.
 
MOO defense team entered the court grinning.
So wrapped in their game that they forgot they were in the presence of the families of the victims.
Even if they believe BK innocent, which I highly doubt, especially if they believe BK innocent one would expect serious professional demeanor not glee.

You know that really bothered me. I thought this gentlemen looked like a nice guy, but way too affable for the circumstances. I can't begin to understand what was said right as they walked in but maybe it was nerves, and it is still unprofessional so you're right. JMOO
 
Most of the article that I posted above from the Chicago Law Review discusses the constitutionality of the alibi rule and various high court rulings (U.S. Supreme Court and state supreme courts) on cases and issues related to the alibi rule, so there is some precedent on various aspects of the alibi rule.

Idaho law allows for the judge in a case to make exceptions to the alibi rule in certain circumstances, so that is a way to address the constitutional issues related to a defendant's right to make his/her case. Regardless of a timeline imposed by the courts.

The article/analysis is long but interesting as it addresses these issues and with footnotes to case precedents.

JMO, IANAL.
I'm not going to be able to read the article in any detail atm but thank you for posting and linking to what I'm sure is very interesting info on the legal and historical background to alibi defense. :)
 
MOO defense team entered the court grinning.
So wrapped in their game that they forgot they were in the presence of the families of the victims.
Even if they believe BK innocent, which I highly doubt, especially if they believe BK innocent one would expect serious professional demeanor not glee.
To me that's more offensive than the Judge stumbling over the victims' names at the arraignment. The latter was embarrasing but Judge Judge subsequently expressed mortification and apologised with sincerity (Imo).Members of the defense team entering the Court grinning doesn't even have the saving grace of being unintentional. Moo
 
I wonder about the extension request by the defense regarding the filing or not filing of an alibi notice. It may be that they just needed more time to make a decsion, but I hope it is not because BK wants to file an alibi notice that is weak and that the defense attorneys aren't comfortable with it going forward, for whatever reason, and don't see it as effective for his case. If BK wants to file an alibi notice, then the defense will have to do so. If they talk him out of it and don't file an alibi notice with the details required, then BK may try to use this to his advantage later on with regard to an appeal.

If BK and his attorneys are in agreement that no alibi notice should be filed with the court, then the clock will just run out, and this will just be a procedural default, no need for the defense to appear before a judge or to notify the prosecution that they don't intend to file an alibi notice. The defense will have chosen not to assert that right, i.e. the right to file an alibi notice. The forfeiture operates automatically if the deadline comes and nothing is filed by the defense.

There is an interesting article in the Chicago Law Review (1984) on the history of the federal and different aspects of states' alibi rules and its establishment in 1975. Some states even exclude a defendant from testifying on his/her own behalf if they have forfeited the alibi rule due to not giving notice at the appropriate time. Idaho doesn't prevent a defendant from such testimony as a sanction for not giving timely notice of the alibi rule, just doesn't allow witness testimony since the prosecution would not have had time to prepare.

Agree, I posted earlier this alibi defense just might be BK playing games. His attorney's would have to file/or not regardless of whether they agree if BK wants to supply one.

That's why I asked the earlier question as to how much input BK has into the preparation of the Defense Motions? Is he actively participating, making objections or suggestions, or is he just letting them handle the paperwork? I'd love to know.

MOO
 
Agree, I posted earlier this alibi defense just might be BK playing games. His attorney's would have to file/or not regardless of whether they agree if BK wants to supply one.

That's why I asked the earlier question as to how much input BK has into the preparation of the Defense Motions? Is he actively participating, making objections or suggestions, or is he just letting them handle the paperwork? I'd love to know.

MOO

Don't give him too much credit. He needs to defer to experts since he is not one. With any luck, no strike that sense, he's scared s*******. JMOO
 
Don't give him too much credit. He needs to defer to experts since he is not one. With any luck, no strike that sense, he's scared s*******. JMOO
Oh, I don't give BK credit. I'm thinking BK thinks he's the smartest man in the room and we've seen how he loves to be the authority on all things.

Is he scared? I really don't think so. I think he is enjoying the attention.

ALL MOO
 
Oh, I don't give BK credit. I'm thinking BK thinks he's the smartest man in the room and we've seen how he loves to be the authority on all things.

Is he scared? I really don't think so. I think he is enjoying the attention.

ALL MOO
Agree, enjoying the attention. If stories about BK watching himself on TV were true, I wonder if he's watching the LISK news. LISK seems someone BK would do a deep-dive into if on the outside. Maybe it will begin to set in that he does not have the freedom to research, can't do in-depth exploration "studies" into whatever/whoever he wants while locked up. Here is something BK might miss, studying a major serial killer in real time. He only gets some cable news stations. One small dose of reality. Finally.

JMO

edit typo
 
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MOO defense team entered the court grinning.
So wrapped in their game that they forgot they were in the presence of the families of the victims.
Even if they believe BK innocent, which I highly doubt, especially if they believe BK innocent one would expect serious professional demeanor not glee.

The most recent trial I followed was that of convicted murderer Letecia Stauch. One of her defense lawyers was constantly laughing and whispering with her, bordering on flirtation.

This was a woman who very violently murdered her young stepson, and who kept giving the middle finger to witnesses until the judge threatened to have her hands shackled under the table.

This is to say nothing of convicted murderer Paul Flores, who had a defense attorney who made inappropriate jokes and also tried to (clothing) shame a rape & murder victim in 2022 … to a jury of mostly women in their 30s.

I will never be a person who is mad at defense attorneys for doing their job, but if they’re offensive buffoons it’s fair game to call it out.
 
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It's in the PCA and I've often wondered if the surviving roommates had some form of text discussion about what they believe they heard.
IMO - Same here, & knowing that DM saw a stranger in the house, makes me believe that there most likely was a text discussion regarding noises heard & the stranger that was seen. MOO
 
It's in the PCA and I've often wondered if the surviving roommates had some form of text discussion about what they believe they heard.
IMO - Same here, & knowing that DM saw a stranger in the house, makes me believe that there most likely was a text discussion regarding noises heard & the stranger that was seen. MOO
 
MOO as a DP case they will file and file any and every motion possible.

This is why, though obviously the perpetrator of this crime deserves to forfeit their life, I prefer life without possiblity of parole in a Super Max.
Just let nature carry out the death sentence.

Hopefully justice will survive the attacks on its procedures. And the poor witnes
Death penalty cases become very complicated in part because judges are very careful of their decisions being turned back on appeal. I really wish this case was life without poss. of parole instead of the death penalty.
 
Given that James Patterson is supposedly writing a book about the Moscow murders and is said to be releasing the book prior to any potential trial date, if it is publicized as a TRUE crime drama, wouldn't that have the potential to harm both
the defense and prosecution?
Yes! Especially by James Patterson. He sells a lot of books.
MSM and SM (you tube, twitter, facebook, and podcasts) too. MOO

 
Woot woot, looks like the esteemed Bill Thompson and Company have had enough with the melodramatic motions of the Defense.

I loved the motion to reconsider order staying time for speedy trial. I agree that that Judge should reconsider, I believe it to be a purely tactical move by the Defendant. Either he waives his speedy trial or he doesn't. He shouldn't receive special consideration IMO.

The Defense and the IGG information demand would be almost comical if we weren't talking about the murder of 4 innocent young lives. STR DNA identified BK as the absolute contributor of the DNA on the knife sheath, not the IGG analysis.

Love hearing the State's response to these motions. I have every faith in their case and support them in their efforts to bring a dangerous Defendant to trial and a conviction.

MOO
 
It says, “off or in airplane mode.” So I think that it’s being off would make a better explanation for him. ‘He just turned it off to save the battery.’ That’s a little awkward if he routinely kept a charging cord in his car, of course, but there’s been quite a few times when I didn’t have one in my car.

MOO, not that I believe that explanation
I can relate to not having a charging cord in my car. A few times, I have discovered a low battery on the way to a destination and turned my phone off until I got to my destination (so I would have some battery life for my return drive). MOO
 
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