MOO unfortunately the act of murdering comes with an automatic level of self deception and propensity lying about things.
Because, actually being remorseful and pleading guilty is always an option.
4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #86
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Because, actually being remorseful and pleading guilty is always an option.
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Good questions. For me to answer I need to understand what exactly this alibi thing means:
Section 19-519 – Idaho State Legislature
legislature.idaho.gov
Idaho Statutes - NOTICE OF DEFENSE OF ALIBI
At any time after arraignment before a magistrate upon a complaint and upon written demand of the prosecuting attorney, the defendant shall serve, within ten (10) days or at such different time as the court may direct, upon the prosecuting attorney, a written notice of his intention to offer a defense of alibi.
Such notice by the defendant shall state the specific place or places at which the defendant claims to have been at the time of the alleged offense and the names and addresses of the witnesses upon whom he intends to rely to establish such alibi.
Within ten (10) days after receipt of the defendant’s notice of alibi but in no event less than ten (10) days before trial, unless the court otherwise directs, the prosecuting attorney shall serve upon the defendant or his attorney a written notice stating the names and addresses of the witnesses upon whom the prosecution intends to rely to establish the defendant’s presence at the scene of the alleged offense and any other witnesses to be relied on to rebut testimony of any of the defendant’s alibi witnesses.
Upon the failure of either party to comply with the requirements of this section, the court may exclude the testimony of any undisclosed witness offered by such party as to the defendant’s absence from or presence at, the scene of the alleged offense. This section shall not limit the right of the defendant to testify in his own behalf.
So to sum it up, if BK wants alibi witnesses to testify to his whereabouts that night he needs to say who they are by tomorrow. Also, this gives the prosecution the chance to conduct their own investigation into BK's alibi witnesses and produce their own witnesses.
It is not about the defense saying BK was home or BK was on the side of a road with car trouble - this is not enough, the defense must provide actual witnesses which THEY DO NOT HAVE. (opinion)
We know the victims were still alive at 4:00am so if BK had video evidence of himself being away from King Rd from 4:00am on, or was with a group of people from 4:00am on, then he wouldn't be sitting in jail right now.
So No......
There is no alibi defense for the defense to present tomorrow. Not any that is backed by any witness or for that matter, by any evidence at all.....2 Cents
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Prof's Stmt re Recco of BK for PhD Program. An Endorsement of Genius?
Not directing this to you personally, but let's look against NYPost w Prof's stmt: Taught 10 yrs, recommended only 2 students for PhD program.
Does this indicate that BK was a rare genius, standing head & shoulders over thousands of other students or perhaps stood a hair’s breadth higher than a handful of others in his uni’s CJ masters program?
I'm confident members from the world of academia could word and analyze my line of question/thought more eloquently than this post. Hoping some w relatively recent experience will weigh in. My most recent uni. experience & degree date back to the Dark Ages.
Did this prof teach only classes/seminars of 6, 8, 10 students?
Or in lecture halls/intro classes w 150 + students?
How many students each yr, approx'ly?
How many students did she teach in 10 yrs?
Presumably students ASK prof's for recco's, yes?
If, in her earlier yrs she taught mostly/only undergrad classes, those students weren't asking her for recco's.
Sooo, a more relevant question ---
How many Masters level students did she teach in 10 yrs?
Winnowing down further:
Number of Masters students who wanted to cont. to PhD in CJ? IDK
Number of Masters students who ASKED her for recco to PhD in CJ? IDK
Zeroing in on the question.
Was her PhD recco for BK, one of only two, from a field of a thousand students requesting recco for PhD program? Doubtful.
Or was her PhD recco for BK, one of only two, from a field of 5 or 10 students requesting recco for PhD program? IDK
Not denigrating the accuracy or value of this Professor’s opn of BK as a “great writer” and “brilliant student” but wondering about numbers angle--- she said BK was one of only 2 recco's in 10 yrs. Okay, but in a field of ___? Or is <--- ____ this number irrelevant?
snipped for focus @girlhasnoname Thanks for you post w links & quote.
Not directing this to you personally, but let's look against NYPost w Prof's stmt: Taught 10 yrs, recommended only 2 students for PhD program.
Does this indicate that BK was a rare genius, standing head & shoulders over thousands of other students or perhaps stood a hair’s breadth higher than a handful of others in his uni’s CJ masters program?
I'm confident members from the world of academia could word and analyze my line of question/thought more eloquently than this post. Hoping some w relatively recent experience will weigh in. My most recent uni. experience & degree date back to the Dark Ages.
Did this prof teach only classes/seminars of 6, 8, 10 students?
Or in lecture halls/intro classes w 150 + students?
How many students each yr, approx'ly?
How many students did she teach in 10 yrs?
Presumably students ASK prof's for recco's, yes?
If, in her earlier yrs she taught mostly/only undergrad classes, those students weren't asking her for recco's.
Sooo, a more relevant question ---
How many Masters level students did she teach in 10 yrs?
Winnowing down further:
Number of Masters students who wanted to cont. to PhD in CJ? IDK
Number of Masters students who ASKED her for recco to PhD in CJ? IDK
Zeroing in on the question.
Was her PhD recco for BK, one of only two, from a field of a thousand students requesting recco for PhD program? Doubtful.
Or was her PhD recco for BK, one of only two, from a field of 5 or 10 students requesting recco for PhD program? IDK
Not denigrating the accuracy or value of this Professor’s opn of BK as a “great writer” and “brilliant student” but wondering about numbers angle--- she said BK was one of only 2 recco's in 10 yrs. Okay, but in a field of ___? Or is <--- ____ this number irrelevant?
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I'm Nobody
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Alibi eve
IMO This has going to be a long & difficult night for BK's parents. As a parent, I'd want to hold out hope but would know there is a huge difference between having an alibi and playing make-the-state-prove-it.
I would, for my child, hold my breath & pray a lot tonight, every night. BK's parents seem to have been an enormous source of support throughout his life; now IMO BK's fan club may be more important to him. I think he is looking forward to poking holes.
Looking back found this interesting. BK's PA defense attorney: " LaBar, however, did note that he spoke with Kohberger about his alibi & where he was when the four students were murdered on November 13. "
DailyMail Dec 2022 here.
Really wonder what BK told his family and LaBar back in December, if anything?
JMO
Thanks & agree poke holes defense @girlhasnoname It's a hard NO from me. NO alibi.
IMO This has going to be a long & difficult night for BK's parents. As a parent, I'd want to hold out hope but would know there is a huge difference between having an alibi and playing make-the-state-prove-it.
I would, for my child, hold my breath & pray a lot tonight, every night. BK's parents seem to have been an enormous source of support throughout his life; now IMO BK's fan club may be more important to him. I think he is looking forward to poking holes.
Looking back found this interesting. BK's PA defense attorney: " LaBar, however, did note that he spoke with Kohberger about his alibi & where he was when the four students were murdered on November 13. "
DailyMail Dec 2022 here.
Really wonder what BK told his family and LaBar back in December, if anything?
JMO
Yeah exactly, I can't see the D filing a notice that they will be bringing an alibi defense, not under the relevant rules. But you never know. They asked and received an extension of time to file the notice and back then they implied they would be filing one. However D is not bound by that despite receiving the time extension. So anyway my guess is the deadline will come and go and notice of Alibi Defense will not be be filed. MooGood questions. For me to answer I need to understand what exactly this alibi thing means:
Section 19-519 – Idaho State Legislature
Idaho Statutes - NOTICE OF DEFENSE OF ALIBI
At any time after arraignment before a magistrate upon a complaint and upon written demand of the prosecuting attorney, the defendant shall serve, within ten (10) days or at such different time as the court may direct, upon the prosecuting attorney, a written notice of his intention to offer a defense of alibi.
Such notice by the defendant shall state the specific place or places at which the defendant claims to have been at the time of the alleged offense and the names and addresses of the witnesses upon whom he intends to rely to establish such alibi.
Within ten (10) days after receipt of the defendant’s notice of alibi but in no event less than ten (10) days before trial, unless the court otherwise directs, the prosecuting attorney shall serve upon the defendant or his attorney a written notice stating the names and addresses of the witnesses upon whom the prosecution intends to rely to establish the defendant’s presence at the scene of the alleged offense and any other witnesses to be relied on to rebut testimony of any of the defendant’s alibi witnesses.
Upon the failure of either party to comply with the requirements of this section, the court may exclude the testimony of any undisclosed witness offered by such party as to the defendant’s absence from or presence at, the scene of the alleged offense. This section shall not limit the right of the defendant to testify in his own behalf.
So to sum it up, if BK wants alibi witnesses to testify to his whereabouts that night he needs to say who they are by tomorrow. Also, this gives the prosecution the chance to conduct their own investigation into BK's alibi witnesses and produce their own witnesses.
It is not about the defense saying BK was home or BK was on the side of a road with car trouble - this is not enough, the defense must provide actual witnesses which THEY DO NOT HAVE. (opinion)
We know the victims were still alive at 4:00am so if BK had video evidence of himself being away from King Rd from 4:00am on, or was with a group of people from 4:00am on, then he wouldn't be sitting in jail right now.
So No......
There is no alibi defense for the defense to present tomorrow. Not any that is backed by any witness or for that matter, by any evidence at all.....2 Cents
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If no
I suspect tomorrow we’ll get confirmation of that with no alibi filing.
MOO
Whatever it was… the PCA likely blew it to smithereens.
I suspect tomorrow we’ll get confirmation of that with no alibi filing.
MOO
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I didn't think about that, thanks.
That the defense specifically asked to move the alibi deadline so maybe they have something.
Idaho murder update: Bryan Kohberger may release new details about alibi
Monday is the deadline for Kohberger's legal team to file an alibi.
www.newsweek.com
Monday is the deadline for Kohberger's legal team to file an alibi. The first deadline for the alibi was in June, but Kohberger's public defender Anne Taylor requested the deadline be extended on account of not having enough time to review the evidence provided by the prosecution.
I gotta say, what difference does prosecution evidence make? Does their evidence change the alibi?
Or is Taylor trying to fashion the alibi to fit around the prosecution's evidence?
If no proof of alibi will she still tell the jury where Kohberger "really" was?
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Yeah and actually having just re-read the D's request for extension of time, I suppose it's not really clear what their intentions were at that time. I do remember there was some discussion on the thread at the time and it seemed that the D wanted time to look through the discovery materials. Like trying to find support for an alibi and/or alternatively looking for holes to any projected counter by the prosecution to an alibi. Also just noticed that I can't find an order approving the the D's motion to extend time. It may not be posted up on the page or it's possible all that was subsumed by the other motions filed by the D - to Stay proceedings etc? Anyway for reference purposes attaching the original motion by the D and the state's response re filing Notice of Alibi Defense. MooI didn't think about that, thanks.
That the defense specifically asked to move the alibi deadline so maybe they have something.
Idaho murder update: Bryan Kohberger may release new details about alibi
Monday is the deadline for Kohberger's legal team to file an alibi.
Monday is the deadline for Kohberger's legal team to file an alibi. The first deadline for the alibi was in June, but Kohberger's public defender Anne Taylor requested the deadline be extended on account of not having enough time to review the evidence provided by the prosecution.
I gotta say, what difference does prosecution evidence make? Does their evidence change the alibi?
Or is Taylor trying to fashion the alibi to fit around the prosecution's evidence?
If no proof of alibi will she still tell the jury where Kohberger "really" was?
State demand for Alibi Defense Notice dated May 23rd.
D's motion for time extension or exception was filed June 9th
State's Response to D's motion dated June 13th. Filed with no objection and requesting that Notice of Alibi Defense be filed by July 24th.
katydid23
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from the link above---
"The attorney added: 'We don't really know much about the case. I don't have any affidavit or probable cause.
'I didn't want to discuss the case with him because I'm merely his representation for this procedural issue as to whether or not he wants to be extradited back to Idaho.'
LaBar, however, did note that he spoke with Kohberger about his alibi and where he was when the four students were murdered on November 13.
'Knowing of course that it's likely they have location data from his cell phone already putting him on the border of Washington and Idaho,' LaBar told CNN, 'it was an easy decision obviously, since he doesn't contest that he is Bryan Kohberger.' "
Okay, what the heck does that^^^ mean? So was the previous attorney implying that BK's alibi would be that he was out driving around in that area at that time?
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I'm now noticing that the D filed their motion to extend the time or be granted an exception more than 10 days after State's written demand for Notice of Alibi Defense: Demand for Notice of Alibi was filed May 23rd, D's motion to extend time/an exception was filed June 9th - so that's 17 days. Judge's order to extend time to file pre-trial motions is dated 19th May. However, when I read it and the D's motion that preceded, it's not entirely clear to me that the order would apply to motions relating to matters outside the GJ indictment. Is it possible that D already missed the deadline to file notice of alibi defense because they were 7 days late in requesting an extension of time? All a bit confusing. MooGood questions. For me to answer I need to understand what exactly this alibi thing means:
Section 19-519 – Idaho State Legislature
Idaho Statutes - NOTICE OF DEFENSE OF ALIBI
At any time after arraignment before a magistrate upon a complaint and upon written demand of the prosecuting attorney, the defendant shall serve, within ten (10) days or at such different time as the court may direct, upon the prosecuting attorney, a written notice of his intention to offer a defense of alibi.
Such notice by the defendant shall state the specific place or places at which the defendant claims to have been at the time of the alleged offense and the names and addresses of the witnesses upon whom he intends to rely to establish such alibi.
Within ten (10) days after receipt of the defendant’s notice of alibi but in no event less than ten (10) days before trial, unless the court otherwise directs, the prosecuting attorney shall serve upon the defendant or his attorney a written notice stating the names and addresses of the witnesses upon whom the prosecution intends to rely to establish the defendant’s presence at the scene of the alleged offense and any other witnesses to be relied on to rebut testimony of any of the defendant’s alibi witnesses.
Upon the failure of either party to comply with the requirements of this section, the court may exclude the testimony of any undisclosed witness offered by such party as to the defendant’s absence from or presence at, the scene of the alleged offense. This section shall not limit the right of the defendant to testify in his own behalf.
So to sum it up, if BK wants alibi witnesses to testify to his whereabouts that night he needs to say who they are by tomorrow. Also, this gives the prosecution the chance to conduct their own investigation into BK's alibi witnesses and produce their own witnesses.
It is not about the defense saying BK was home or BK was on the side of a road with car trouble - this is not enough, the defense must provide actual witnesses which THEY DO NOT HAVE. (opinion)
We know the victims were still alive at 4:00am so if BK had video evidence of himself being away from King Rd from 4:00am on, or was with a group of people from 4:00am on, then he wouldn't be sitting in jail right now.
So No......
There is no alibi defense for the defense to present tomorrow. Not any that is backed by any witness or for that matter, by any evidence at all.....2 Cents
Judge's order to enlarge time to file pre-trial motions (May 19th)
D's motion to Enlarge time to file pre-trial motions (May 19th)
katydid23
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So curious to see what avenue they take.
---They can ignore the deadline and stay silent.
---They can say he was home asleep, and the state's evidence is faulty, that was not his Elantra and his phone was dead.
---They can say he couldn't sleep so he was out driving around, which he in known to do. But the ping map is faulty and his phone was going dead so he turned it off.
I am wondering which way they will turn...If they go with the 3rd option, it won't work well because of the DNA on the sheath. Who'd believe he as driving around in the area, never went to the crime scene, but his DNA was found on the knife sheath anyway?
Cancel previous speculations re D missing Alibi Defense and time limits. Just found a reference to July 24th deadline in Order Staying time for speedy trial:
p 3
"This 37-day stay is limited only to the running of speedy trial and does not
stay any other portion of the case or the parties abilities to continue discovery,
motion practice, or Kohberger’s obligation to provide the State with an alibi
by July 24, 2023, as previously agreed to by the parties."
So either the order to extend the time (and the formal stipulation) haven't been released and/or were done under a sealed hearing or I've just missed them on the Cases of Interest page. Apologies for the nothing burger everyone. Moo
p 3
"This 37-day stay is limited only to the running of speedy trial and does not
stay any other portion of the case or the parties abilities to continue discovery,
motion practice, or Kohberger’s obligation to provide the State with an alibi
by July 24, 2023, as previously agreed to by the parties."
So either the order to extend the time (and the formal stipulation) haven't been released and/or were done under a sealed hearing or I've just missed them on the Cases of Interest page. Apologies for the nothing burger everyone. Moo
girlhasnoname
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Your links didn't work for me, but IIRC the defense got their 37 day extension, but that didn't change the Notice of Alibi Defense timeline.
Wouldn't it be shocking if BK came up with some controversial, explosive alibi defense? I know he doesn't have a legitimate one, but I don't put it past AT & Company to create some reasonable doubt buzz even if they fail to follow through with that at trial. IINAL, but could they even do that?
MOO
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Whatever alibi they put forward now, IF they do so, will absolutely follow them into the trial.
If they offer it to the court as their stated alibi, it cannot be a false statement. That would be A big mistake, imo.
girlhasnoname
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Good to know Katy.
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The article linked is a little unclear because the article puts an alibi and an extradition comment one after the other. IMO Labar's comments are referencing the extradition of BK from PA. The quoted statement refers to a decision being easy.
From the article quote: it (extradition) was an easy decision: MOO
Knowing of course that it's likely they have location data from his cell phone already putting him on the border of Washington and Idaho,' LaBar told CNN, 'it was an easy decision obviously, since he doesn't contest that he is Bryan Kohberger.'
Idaho victim's father says she had CONNECTIONS to suspected killer
Steve Goncalves, father of Kaylee, 21, said his family has found connections between the University of Idaho student and suspect Bryan Kohberger, who was arrested on Friday.
From another article:
All the commonwealth needed to prove is that his client resembles or is the person on the arrest warrant and that he was in the area at the time of the crimes, Monroe County Chief Public Defender LaBar told CNN’s Jean Casarez.
katydid23
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Yes, that was misleading. The journalist's error I suppose.
Right, but he is giving weight to the state's contention that the defendant was in the vanity of the crime scene during the crucial time. Not very helpful for the defense.
Idaho victim's father says she had CONNECTIONS to suspected killer
Steve Goncalves, father of Kaylee, 21, said his family has found connections between the University of Idaho student and suspect Bryan Kohberger, who was arrested on Friday.www.dailymail.co.uk
From another article:
All the commonwealth needed to prove is that his client resembles or is the person on the arrest warrant and that he was in the area at the time of the crimes, Monroe County Chief Public Defender LaBar told CNN’s Jean Casarez.
Ok, but once again, the attorney is saying " that he [BK] was in the area at the time of the crimes"....which is kind of an 'anti-alibi.'
This has probably already been posted, but I found it helpful in understanding the timeline of when things happened with his TA position.
Bryan Kohberger Confronted by Students Weeks Before Idaho Murders
Bryan Kohberger Confronted by Students Weeks Before Idaho Murders
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