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

[maskedwoman]

I was talking about talking to police about an alibi immediately after someone has been arrested. This is now a matter for the court. It will be interesting to see how the defense works this situation out as I believe BK does actually have an alibi.

That's interesting. Is your thought that he has an alibi that involves witness testimony or some form of direct evidence and his attorneys are deliberately keeping it from the Court and Prosecution? That seems like a big risk to take since they could lose the ability to present that evidence at all.

Or is your thought that his team has identified a fatal flaw in the state's case and will use that to raise reasonable doubt about him being "the guy"?

 

[Jurisprudence]

Do you have another link? Because the one you provided is one I saw at the time & expresses the opinion of only Kaylee’s family. Indeeed, they admit they hadn’t even discussed the issue with Maddie’s mom & stepdad or Maddie’s dad.

TIA

That's what I referenced in the post that it is - the extended discussion of the Goncalves family. The updates were provided on Newsnation broadcasts no interview of MM parents if that's what you are looking for. So, I guess this can be taken as preferred. No one has to believe Banfield, though through my watching of those broadcasts she seems to have a rapport with all of the parents. MOO I posted the link to the Goncalves interview to assist @Idaho transplant because you seemed upset at his or her post. I posted it bc I remembered what @Idaho transplant was stating. I distinctly remembered that the Goncalves family did in fact express this, and in some detail (and more than once - the posted interview was very early into this). And, as you can see, they did. I also remembered as was stated in that original post, the Banfield follow-ups on the others. Otherwise, that's not my post.

I don't think that is their opinion. I think they make it clear in that interview that it is their decision.

But, that jmo.

 

[North_Idaho_Nony]

That's what I referenced in the post that it is - the extended discussion of the Goncalves family. The updates were provided on Newsnation broadcasts no interview of MM parents if that's what you are looking for. So, I guess this can be taken as preferred. No one has to believe Banfield, though through my watching of those broadcasts she seems to have a rapport with all of the parents. MOO I posted the link to the Goncalves interview to assist @Idaho transplant because you seemed upset at his or her post. I posted it bc I remembered what @Idaho transplant was stating. I distinctly remembered that the Goncalves family did in fact express this, and in some detail. And, as you can see, they did. Otherwise, that's not my post.

I don't think that is their opinion. I think they make it clear in that interview that it is their decision.

But, that jmo.

Oh! Not upset — just asking for links to support the tally because this is an issue I’ve tried to follow very closely out of respect to the families.

I was specifically interested in any MSM links that supported the claim that either Xana’s dad or Maddie’s dad had expressed support for the DP since @Idaho transplant included them in their DP tally.

If anyone finds such links, I will be grateful for them! While it’s a specific aspect I try to keep current with, I will appreciate folks pointing out something I’ve missed.

I thought my query was clear, but apparently not — my apologies!

ETA: screen cap of my inquiry

 

[Jurisprudence]

Oh! Not upset — just asking for links to support the tally because this is an issue I’ve tried to follow very closely out of respect to the families.

I was specifically interested in any MSM links that supported the claim that either Xana’s dad or Maddie’s dad had expressed support for the DP since @Idaho transplant included them in their DP tally.

If anyone finds such links, I will be grateful for them! While it’s a specific aspect I try to keep current with, I will appreciate folks pointing out something I’ve missed.

I thought my query was clear, but apparently not — my apologies!

This was one-line type information she was reporting out as a follow up. And, the way Idaho transplant recalled it just so happen to be the same way I recalled it which is what prompted my response. We must have both been watching the same broadcast. It wasn't a segment or a story unto itself, so I don't think this would be something linked out to Twitter or by article but if I do see any on it, I am happy to send it your way.

 

[katydid23]

Lawyers are gonna lawyer. I am struck by how cases are decided by technicalities, loopholes, effective counsel-by that I mean the ability for counsel to ensure that certain items are never presented to a jury. I get it, there would be anarchy if systems for investigations and collection of evidence were not in place. It’s just starting to feel like so many cases are determined by how great of an attorney you have. It’s the only system we’ve got. Sometimes I feel like I am watching a sporting event and rooting for a side.

They are throwing all of these technical legal Hail Mary's because they do not have the facts on their side. They do not have a viable alibi and there are many bad facts which go against the defense. They do not have a solid defense so it is all smoke and mirrors, which can be very effective if the judge buys into it. JMO

 

[Cool Cats]

They are throwing all of these technical legal Hail Mary's because they do not have the facts on their side. They do not have a viable alibi and there are many bad facts which go against the defense. They do not have a solid defe4nse so it is all smoke and mirrors, which can be very effective if the judge buys into it. JMO

The judge knows what is going on and understands this:

The defense has to file all these Motions to get them on the record.

Another thing that always happens in DP cases is the defense files a Motion to have the DP dropped as being cruel and unusual punishment and that it goes against international law.

It is "par for the course" for the defense to file Motions to get

1.) Evidence thrown out
2.) To get the entire case dismissed
3.) Get DP dismissed

The defense needs to file these Motions so when BK is convicted and appealing, the court will see that the defense filed all the appropriate Motions, he got a fair trial and good representation by his defense team.

Contrary to popular belief, the defense does not want him to "walk" if he is guilty and all their Motions are assuring them that his trial won't be overturned.

2 Cents

 

[Jurisprudence]

This was one-line type information she was reporting out as a follow up. And, the way Idaho transplant recalled it just so happen to be the same way I recalled it which is what prompted my response. We must have both been watching the same broadcast. It wasn't a segment or a story unto itself, so I don't think this would be something linked out to Twitter or by article but if I do see any on it, I am happy to send it your way.

@North_Idaho_Nony
They did write it up:

"If Kohberger is guilty, Kernodle’s mother, Cara Northington, has indicated she would like to see Kohberger in prison for life, rather than face the death penalty. Kernodle’s father, Jeff said he’s in favor of the death penalty. The families of Kaylee Goncalves and Madison Mogen are in favor of the death penalty, as well. Ethan Chapin’s family have not yet made their stance on the matter public."

Kohberger prosecutors consult Idaho families on death penalty

Families of the victims met with prosecutors to discuss their wishes on the death penalty, a source close to the investigation told NewsNation’s Ashleigh Banfield.

www.newsnationnow.com

 

[katydid23]

Absolutely NOT! Alibi's should never, ever be given to anyone except your lawyer. They only come into play if needed and then in such a way as to inflict the greatest damage on the prosecution. The reason for this, is the chances of a prosecutor walking back an indictment are incredibly low. 90% of criminal cases end in some form of plea bargain, 8% end with dismissal, and 2% go to a jury verdict. To get a prosecutor to dismiss a charge, they have to absolutely believe that the facts and circumstances warrant it and that means the prosecutor must believe there is no chance of conviction. One thing a prosecutor might do to avoid dismissal, is reduce a charge in order to get a guilty plea. In this case, I'm not sure what will happen.

As to the bolded above, I cannot agree.

If I was at a public function, or at my job with co-workers, or at a restaurant that had cameras, during the time of a crime, which I was being accused of, I WOULD TELL THE DETECTIVES.

IMO, if BK had an alibi, he would have shared with LE during his initial interviews. JMO

 

[Jurisprudence]

The judge knows what is going on and understands this:

The defense has to file all these Motions to get them on the record.

Another thing that always happens in DP cases is the defense files a Motion to have the DP dropped as being cruel and unusual punishment and that it goes against international law.

It is "par for the course" for the defense to file Motions to get

1.) Evidence thrown out
2.) To get the entire case dismissed
3.) Get DP dismissed

The defense needs to file these Motions so when BK is convicted and appealing, the court will see that the defense filed all the appropriate Motions, he got a fair trial and good representation by his defense team.

Contrary to popular belief, the defense does not want him to "walk" if he is guilty and all their Motions are assuring them that his trial won't be overturned.

2 Cents

I agree with your point but in this particular case I also see an element of "Bury them in paper until they get so P-off that they take the DP off the table."

She's doing the Lori Vallow play.

jmo

 

[Jurisprudence]

As to the bolded above, I cannot agree.

If I was at a public function, or at my job with co-workers, or at a restaurant that had cameras, during the time of a crime, which I was being accused of, I WOULD TELL THE DETECTIVES.

IMO, if BK had an alibi, he would have shared with LE during his initial interviews. JMO

I agree. And, it's required by Idaho statute whether or not she wants to provide it. § 19-519

MOO

 

[Jurisprudence]

In my experience citizens do not realize what a big deal GJ is. It is a big deal and they are really who determines whether a case goes forward or not. In my lifetime I have seen where a case was pretty airtight but the GJ would not let it go forward. They essentially look to see if someone can be convicted or not. I think the delay and timing of having the GJ probably hurt this case. However lady justice will have her way. Not saying that BK is super intelligent, but he knows much about the system and how it works. Sad.....

This is not my experience. In MOO, the GJ and the PC hearing are essentially the same. The aim is to see if there is enough probable cause to bind the defendant over for trial. Not if there is enough evidence to convict him.

jmo

 

[Jurisprudence]

I think the Defense is using these motions for some pre trial favorable publicity for their client. "Tragic and Unconstitutional"..drama much?

MOO

I think so too. The more drama she creates by her filings, whether grounded or not, the more people in some circles tend to believe he's been framed. I see it all over social. It's an abuse of the system as opposed to a preservation of issues on appeal since many (not all) of those issues aren't grounded in law and aren't subject to appeal. This is why I keep waiting for this judge to shut this down.

jmo

 

[North_Idaho_Nony]

@North_Idaho_Nony
They did write it up:

"If Kohberger is guilty, Kernodle’s mother, Cara Northington, has indicated she would like to see Kohberger in prison for life, rather than face the death penalty. Kernodle’s father, Jeff said he’s in favor of the death penalty. The families of Kaylee Goncalves and Madison Mogen are in favor of the death penalty, as well. Ethan Chapin’s family have not yet made their stance on the matter public."

Kohberger prosecutors consult Idaho families on death penalty

Families of the victims met with prosecutors to discuss their wishes on the death penalty, a source close to the investigation told NewsNation’s Ashleigh Banfield.

www.newsnationnow.com

“a source close to the investigation told NewsNation’s Ashleigh Banfield”

An unconfirmed anonymous leak in violation of the gag order purportedly speaking for the victims’ parents doesn’t work for me, MOO. I know I’m running the risk of sounding like a broken record, but the victims’ families owe the public nothing & dignity demands that we respect what they chose to say publicly and what they choose not to say.

 

[Cool Cats]

I agree with your point but in this particular case I also see an element of "Bury them in paper until they get so P-off that they take the DP off the table."

She's doing the Lori Vallow play.

jmo

The Vallow DP was taken off the table because the prosecution failed to disclose evidence in a timely manner. A judge determined - due to late discovery disclosure - the death penalty will be taken off the table to ensure a fair defense.

The defense is simply doing their job and filing all the Motions they have a legal right to file.

In the end there will be a DP trial for BK and he will be convicted. ... 2 Cents. ... Evidence is overwhelming.

 

[katydid23]

I think so too. The more drama she creates by her filings, whether grounded or not, the more people in some circles tend to believe he's been framed. I see it all over social. It's an abuse of the system as opposed to a preservation of issues on appeal since many (not all) of those issues aren't grounded in law and aren't subject to appeal. This is why I keep waiting for this judge to shut this down.

jmo

this whole thing gives me bad memories----too much like the Barry Morphew debacle. These attorneys are using that playbook because it worked for ol Barry.

 

[katydid23]

“a source close to the investigation told NewsNation’s Ashleigh Banfield”

An unconfirmed anonymous leak in violation of the gag order purportedly speaking for the victims’ parents doesn’t work for me, MOO. I know I’m running the risk of sounding like a broken record, but the victims’ families owe the public nothing & dignity demands that we respect what they chose to say publicly and what they choose not to say.

IIRC, the Ashley Banfield show has set forth other 'evidence' which has not turned out to be correct. Like, IIRC, the alleged female ID's connected to the crime scene----which did not turn out to be true?

 

[Boxer]

RBBM

Y’all - we absolutely have other judges if Triple J was successfully challenged or had reason to recuse himself.

I’ll also point out that Judge Judge replaced our previous district court judge who was appointed to the State Supreme Court — while being a small county population-wise, we’ve historically had a top notch judiciary in Moscow & Latah County.

It is soo interesting to me to read the comments about Judge Judge from people who have never sat in his courtroom. No offense, but I’m quite comfortable with him and I have sat in his courtroom many times.

As a reminder, this is a DP case, so I fully expect any competent judge to be extremely mindful of potential appeals.

Likewise, because they are fighting to save their client’s actual life, I fully expect the DT to explore every possible way to gum up the works, for lack of a better term.

All of this is par for the course, MOO & IANAL.

Ok -
Good to hear. Sorry but the Morphew situation has caused me more wariness of judges than I had in the past.

 

[Boxer]

I was talking about talking to police about an alibi immediately after someone has been arrested. This is now a matter for the court. It will be interesting to see how the defense works this situation out as I believe BK does actually have an alibi.

MOO "He was elsewhere" is just a way of saying "prove it." It's not an alibi.

 

[Nila Aella]

Absolutely NOT! Alibi's should never, ever be given to anyone except your lawyer. They only come into play if needed and then in such a way as to inflict the greatest damage on the prosecution. The reason for this, is the chances of a prosecutor walking back an indictment are incredibly low. 90% of criminal cases end in some form of plea bargain, 8% end with dismissal, and 2% go to a jury verdict. To get a prosecutor to dismiss a charge, they have to absolutely believe that the facts and circumstances warrant it and that means the prosecutor must believe there is no chance of conviction. One thing a prosecutor might do to avoid dismissal, is reduce a charge in order to get a guilty plea. In this case, I'm not sure what will happen.

I agree! Always ask for a lawyer.
Your post reminded me of this case:

“I was in Florida, and I have 13 alibi witnesses to prove it,” Rosario told me. “When I heard police were looking for me, I turned myself in, gave them the names and contact information for all 13 people -- and no one ever contacted them.”

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=newssearch&cd=&cad=rja&uact=8&ved=2ahUKEwiuxoW_wrKAAxVUE1kFHehMDDMQxfQBKAB6BAgIEAE&url=https%3A%2F%2Fwww.nbcnews.com%2Fdateline%2Fjury-awards-new-york-man-13-alibi-witnesses-5-million-n1297878&usg=AOvVaw3dnb16ApMNRRSRNTqs_nZb&opi=89978449

 

[Maat99]

As to the bolded above, I cannot agree.

If I was at a public function, or at my job with co-workers, or at a restaurant that had cameras, during the time of a crime, which I was being accused of, I WOULD TELL THE DETECTIVES.

IMO, if BK had an alibi, he would have shared with LE during his initial interviews. JMO

Seriously. No one else interviewed by police seems to have refused to disclose their verifiable alibi and instead opted to sit in jail until it could be presented in a death penalty trial. I wonder why? What could possibly be the difference driving these very different approaches?