4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #86

[kittythehare]

Article in the Idaho Statesman today:

Was Bryan Kohberger alone during Idaho murders? New details may be released

Kohberger previously stood "silent" when the charges against him were read during his arraignment.

www.newsweek.com

I don't see it in this article but the Statesman opined that AT does not feel that Kohberger should be forced to present an alibi (unconstitutional) and intends to take up the issue with the Idaho Supreme Court.

ah now...
experts will provide evidence that he has bilocation and time travel skills.
This coincides with the new martian people spaceshippy thing.
Topical.
gottit.

 

[Balthazar]

Why does it "appear to be true" that there is an alibi in the discovery? None of us have read it.

Because Anne Taylor has stated that there is an alibi in court documents. Anne Taylor is not going to lie about that in a Court document. She has clarified that the alibi will come from prosecution witnesses on cross and also expert witnesses she or the prosecution will call. Further she has previously mentioned that the alibi may go into "protected information."

All JMO.

 

[Balthazar]

Sample size is a little small here, don't you think?

It's not a study, it is just a single example, so there would be no sample size.

 

[schooling]

ah now...
experts will provide evidence that he has bilocation and time travel skills.
This coincides with the new martian people spaceshippy thing.
Topical.
gottit.

I've seen the defense hinting at a lot of the sad sad Youtube and Facebook Group conspiracy theories out there.

If you have thousands of people buying and feeding into them...it's not a hard calculation to make....you might get one just as susceptible as a juror.

 

[10ofRods]

Article in the Idaho Statesman today:

Was Bryan Kohberger alone during Idaho murders? New details may be released

Kohberger previously stood "silent" when the charges against him were read during his arraignment.

www.newsweek.com

I don't see it in this article but the Statesman opined that AT does not feel that Kohberger should be forced to present an alibi (unconstitutional) and intends to take up the issue with the Idaho Supreme Court.

I thought it was optional. I thought the law read that IF he intends to use an alibi, he should know that by now (it is in the nature of an alibi that the defendant knows of it) THEREFORE he said he has one.

He could have said he didn't have an alibi, which is a legal construct. It's awkward either. He can say he's not guilty and can show it, but has no witnesses or physical evidence (except his own words - which he is reserving the right to use).

I guess if the cross-exam of the State's witnesses don't go his way, he may take the stand. I suspect it will be an attempt to pit the two surviving roommates and their testimony against each other.

Does Idaho actually require an alibi? Not just asking you, @Idaho transplant - that's just a general question. Yours is a good point, I just don't think Idaho forces people to have alibis. There are several states that do require notice to the Court if an alibi is going to be presented in addition to contesting the other evidence.

Simplistic (but written by a lawyer):

an alibi is a legal defense strategy where a defendant provides evidence they couldn't have committed the crime because they were somewhere else when the crime occurred.

from:

https://www.egattorneys.com/alibi-as-a-defense#:~:text=Simply%20put%2C%20under%20criminal%20law,else%20when%20the%20crime%20occurred.

It does make me wonder who the State could put on the stand who knows the true whereabouts of BK on that night and at the times when the murders were committed. Who could that be? A State's witness that knows where BK was. It's bugging the heck out of me.

IMO.

 

[kittythehare]

It's not a study, it is just a single example, so there would be no sample size.

Point is that it takes more than one to make a point that it is anything like common practice.

if I'm ever arrested for murder and I was elsewhere even if I was doing dodgy things, if there is evidence I was actually elsewhere and others can testify to it, I'm outa there in 10 minutes but I don't have bilocation capabilities.
So why do you believe he didn't do it?
I'm open to reasonable ideas.

I'll explain my rationale, you explain yours and those are the basics of group discussion.

Open source information suggests strongly that he is a suspect.
Where is the open source information suggesting he is not, apart from my bilocation theory.( Full disclosure, I was just making that up. )

 

[mom2chloe]

Do you think at trial the state will bring up the fact that BK had access to a gun but didn't use it in the murders?

Do we know that he had access to a gun or am I missing something? Thanks.

 

[jepop]

Because Anne Taylor has stated that there is an alibi in court documents. Anne Taylor is not going to lie about that in a Court document. She has clarified that the alibi will come from prosecution witnesses on cross and also expert witnesses she or the prosecution will call. Further she has previously mentioned that the alibi may go into "protected information."

All JMO.

That's fair, however, Moo, I would characterise what has been filed as suggestion/s and/or possibilities rather than as outright statements or assertions. I don't think AT has actually "lied" in any court documents or at any time that she has appeared before the court so we absolutely agree on that. Moo

 

[schooling]

I suspect that AT could make a lot more money as a private attorney if that was her goal. Also, she was assigned the BK case, IIRC, because she is one of a very few death-penalty qualified attorneys in that part of the state.

And with regard to BK not having paid taxes in the state of Idaho, I don't think that matters. He is facing death by firing squad in the state, and thus, IMO, deserving of qualified counsel.

All IMO

The first thing I learned in my prelaw program is that there are two people who make top 2%-10% salaries practicing law. Corporate attorneys from Top 14 law schools and aggressive personal injury lawyers. The idea that any lawyer can go and work for a top law firm or open their own practice and rake in the money (above $150k, which is not a lot when factoring in hours) is mostly wrong.

Of course there are outliers.

Money is not much a motivator for me. But after witnessing friends who went to top 50 schools (15-50) get "JD preferred" jobs after finding no success in law....I'm glad I switched majors!

 

[kittythehare]

I've seen the defense hinting at a lot of the sad sad Youtube and Facebook Group conspiracy theories out there.

If you have thousands of people buying and feeding into them...it's not a hard calculation to make....you might get one just as susceptible as a juror.

True.
<modsnip - not funny>

Games are fine but 4 kids died agonising deaths and games shouldn't come into it.

 

[jepop]

That horrified me and i lost all respect for NN at that time, well, truthfully the only one I ever really liked in it was Brian Entin..
it's at the comedy/fringe level now, Fantastical . Can't. can NOT and will not with them any more.
That poor woman was so ill at the time.. She was broken, they crushed her.

Banefield is on my banned list. Imo disgusting.

 

[kittythehare]

Because Anne Taylor has stated that there is an alibi in court documents. Anne Taylor is not going to lie about that in a Court document. She has clarified that the alibi will come from prosecution witnesses on cross and also expert witnesses she or the prosecution will call. Further she has previously mentioned that the alibi may go into "protected information."

All JMO.

She was given a deadline in which to produce it to which I presume she agreed.
Did she produce it?
Naw.
Does that make her truthful/accurate/whatever?

 

[North_Idaho_Nony]

Article in the Idaho Statesman today:

Was Bryan Kohberger alone during Idaho murders? New details may be released

Kohberger previously stood "silent" when the charges against him were read during his arraignment.

www.newsweek.com

I don't see it in this article but the Statesman opined that AT does not feel that Kohberger should be forced to present an alibi (unconstitutional) and intends to take up the issue with the Idaho Supreme Court.

Either I’m losing my mind (entirely possible) or you linked to Newsweek rather than an Idaho Statesman article?

TIA

 

[Cool Cats]

Again, without actually having and reading the discovery, how does the poster know that?

Bad Facts from
PCA and Court Documents.

The DNA was 5.37 octillion times more likely to be from Kohberger than another person from the general population, court documents reportedly show.

Witness at scene with description that does not exclude Kohberger.

Kohberger's DNA found on a knife sheath and the murders were committed with a knife.

Kohberger's specific DNA was found under a victim and her comforter.

Kohberger drives the same type of car as seen on surveillance video from that night specifically on King Rd.

Kohberger's phone was set so as not to be detected during time of crimes.

Kohberger was pinpointed within a half mile of King Rd and in Moscow 11 times before and after midnight and according to a local Moscow poster there isn't much open at those hours.

Kohberger's phone pings on cell towers showing him on the Idaho boarder that night and shows him going back and forth between Pullman and Moscow.

The car video dovetails with the ATT phone "trail."

No alibi that can be backed up with surveillance cameras, phone, witnesses, business videos, etc...I do not believe BK has an alibi because he did it.

2 Cents

 

[jjleroche]

She probably does take this case as her 15 minutes of fame that she could get all the way to US Supreme Court and get granted certiorari (unless this law has been challenged already and it might have been).

MOO, anyone watching the docket knows that her appointment papers were later backdated to cover her motion dates. She had a conflict of interest, ditched the client, and was at the scene of the crime with a team all before she was even formally appointed counsel. So, she's all about the stardom, and the bucks. She's getting paid a lot by Latah County. So are all of her private practice dream team co-counsel.

Private lawyers for a supposedly indigent defendant paid by the Idaho taxpayers. I wonder how many indigent defendants currently in jail in Latah have a team of private lawyers headlined by their "public defender so that the County of Latah picks up the tab? I wonder how angry they'd be to know they aren't getting that special treatment. They should be, and rightfully so. Same for the people of Idaho IMO. The guy, who went to school in the state of Washington, purchased groceries in the state of Idaho a few times over an 8 week period. That's his sole contribution to Idaho's tax base. That and his $10 seatbelt ticket. MOO

jmo

Thanks Jurisprudence for this VERY interesting post. I've been pondering aspects of Kohberger's "Dream Team", and wondering if any on this team are working pro bono. Reading your post, it seems that this is not the case.

Justice For All is a great concept. Problem here is, there are apparently different levels of "Justice".
I live in Australia, and am unsure how resources are allocated in such a case as this, in the USA.

In the state of Idaho, who makes decisions regarding allocation of additional resources for Public Defence in such cases, and on what basis? I imagine that AT has fought for additional resources for BK's defense - MOO. How can additional resources be justified, when this would not even be considered for other defendants?

I also feel deeply for the victims' families in this matter. I imagine that they all would have needed to retain legal counsel, which would be costly (and unanticipated). Do they get any assistance for this?

IMO, the decision to provide what appears to be preferential treatment for BK is an outrage, and unjustified.

TIA anyone who can respond to my questions.

 

[kittythehare]

Either I’m losing my mind (entirely possible) or you linked to Newsweek rather than an Idaho Statesman article?

statesman now paywalled for everything afaik
<modsnip: off topic>

 

[BeginnerSleuther]

SBMFF

I imagine that AT has fought for additional resources for BK's defense - MOO. How can additional resources be justified, when this would not even be considered for other defendants.

According to whom/what would it not be considered for other defendants?

I also feel deeply for the victims' families in this matter. I imagine that they all would have needed to retain legal counsel, which would be costly (and unanticipated). Do they get any assistance for this?

We don't know that the families all retained legal counsel or even that they needed to. The only one we know who retained counsel (as far as I know) is Kaylee's family who hired a private attorney. JMO.

 

[Sundog]

Thanks Jurisprudence for this VERY interesting post. I've been pondering aspects of Kohberger's "Dream Team", and wondering if any on this team are working pro bono. Reading your post, it seems that this is not the case.

Justice For All is a great concept. Problem here is, there are apparently different levels of "Justice".
I live in Australia, and am unsure how resources are allocated in such a case as this, in the USA.

In the state of Idaho, who makes decisions regarding allocation of additional resources for Public Defence in such cases, and on what basis. I imagine that AT has fought for additional resources for BK's defense - MOO. How can additional resources be justified, when this would not even be considered for other defendants.

I also feel deeply for the victims' families in this matter. I imagine that they all would have needed to retain legal counsel, which would be costly (and unanticipated). Do they get any assistance for this?

IMO, the decision to provide what appears to be preferential treatment for BK is an outrage, and unjustified.

TIA anyone who can respond to my questions.

BK was determined by the courts to be eligible for a public defender. Because his case was determined to be death-eligible, the state required that his public defender be a death-penalty qualified attorney. And the state requires that in a death-eligible case, that a co-counsel from the public defender's office be assigned to the case, so two death-penalty qualified public attorneys are assigned by the state to a death-eligible case in the state of Idaho.

How do we know that BK received preferential treatment in this regard? Do we know that there were other defendants at the same time as this case went forward who were eligible for a public defender in a death-eligible case and were denied death-penalty qualified public attorneys in the state of Idaho?


edited for typo

 

[jjleroche]

Because Anne Taylor has stated that there is an alibi in court documents. Anne Taylor is not going to lie about that in a Court document. She has clarified that the alibi will come from prosecution witnesses on cross and also expert witnesses she or the prosecution will call. Further she has previously mentioned that the alibi may go into "protected information."

All JMO.

IMO, AT is engaging in semantics with the "alibi" terminology. If there is a genuine alibi, we would have heard about it long before now. MOO

 

[North_Idaho_Nony]

I suspect that AT could make a lot more money as a private attorney if that was her goal. Also, she was assigned the BK case, IIRC, because she is one of a very few death-penalty qualified attorneys in that part of the state.

And with regard to BK not having paid taxes in the state of Idaho, I don't think that matters. He is facing death by firing squad in the state, and thus, IMO, deserving of qualified counsel.

All IMO

RBBM

She’s the only lead death qualified public defender in this part of the state & there are only 14 qualified leads statewide
Capital Counsel Roster

For anyone interested, the map of our judicial districts might be informative:
Idaho's District Courts | Supreme Court

MOO.