4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #87

[Boxer]

Good questions. We don't know for sure, but I believe LE does know exactly what was happening with that phone by now.

If turned off, then no GPS for those two hours or so. If in airplane mode, then GPS continued. I'm something of a betting person, so I'm going with "BK turned the phone off entirely," but I can't figure out why the heck he had it on as he was leaving Pullman in the first place. I am personally on the fence about what, exactly, his intentions were on that particular evening. I believe he was generally an angry person and had homicidal ideation over the years. Just a hunch.

I can't wait to learn the answers to your questions, at any rate. I think there will be various attempts by that phone to "join networks," which will provide a whole new set of location points for BK.

IMO.

Agree. The leg of the phone trip that is from Steptoe to S Nevada with a stop at the WSU rec building seems like a build to action, along with the circling in Moscow starting at Indian Hills.
MOO why would police say he turned it off OR into Airplane mode? They would have records and know if it was fully off or not by the time of the arrest.

 

[Boxer]

Boxing
Night Running
Knife skills from fish cutting
Bully wrestling his friends

 

[Boxer]

"JUDGE DISMISSES GRAND JURY IN O.J. SIMPSON CASE​

By William Hamilton and
Christine Spolar
June 25, 1994
LOS ANGELES, JUNE 24 -- O.J. Simpson's defense attorneys today won a key tactical victory when a judge aborted the grand jury investigation of the murder of his ex-wife and her male friend because it may have been influenced by the storm of publicity surrounding the case.
The unusual ruling by Superior Court Judge Cecil J. Mills forces the prosecution to disclose much of the evidence against Simpson at a preliminary hearing set for next Thursday and gives defense attorney Robert L. Shapiro the opportunity to try to challenge prosecution witnesses.
It also underscores the extraordinary amount of media coverage the Simpson case has received and the impact it is likely to have in the months ahead."

 

[Balthazar]

This is going back a long ways… I have been following these threads, but only posting a couple of times because I can never keep up! From what I recall, they’ve said BK’s phone was “turned off or in airplane mode.” Does anyone know if, by now, investigators can tell which it was? For example, if in airplane mode, the phone still may have been searching for certain connections and “touched [the house’s] wifi” as SG claimed. I am wondering if there may have been anything else- wifi, Bluetooth?- that the phone may have connected to and they would have those details by now. Or maybe more importantly, if there is even a way to get those details, and are they stored in the phones records somehow? Hoping!

JMO

We don't know yet, but this is information I'm very interesting in hearing. I also want to know about the car's Berla report.

 

[Balthazar]

I'm thinking the protected material is more likely to be medical records.

I'm replying to myself here to explain why - I don't think BK sleeps much due to his medical condition as he self reported in his VSS posts and I believe that is what the protected information related to his alibi will be about. JMO.

 

[girlhasnoname]

"JUDGE DISMISSES GRAND JURY IN O.J. SIMPSON CASE​

By William Hamilton and
Christine Spolar
June 25, 1994
LOS ANGELES, JUNE 24 -- O.J. Simpson's defense attorneys today won a key tactical victory when a judge aborted the grand jury investigation of the murder of his ex-wife and her male friend because it may have been influenced by the storm of publicity surrounding the case.
The unusual ruling by Superior Court Judge Cecil J. Mills forces the prosecution to disclose much of the evidence against Simpson at a preliminary hearing set for next Thursday and gives defense attorney Robert L. Shapiro the opportunity to try to challenge prosecution witnesses.
It also underscores the extraordinary amount of media coverage the Simpson case has received and the impact it is likely to have in the months ahead."

You just about gave me a heart attack Boxer I just skimmed Judge Dismisses GJ

I think the State's case was even stronger by the time the GJ was empaneled so I don't think they're going to throw it out. In a WORST case scenario, the State can do it again or proceed with a PH. Either way BK isn't going anywhere.

MOO

 

[10ofRods]

Agree. The leg of the phone trip that is from Steptoe to S Nevada with a stop at the WSU rec building seems like a build to action, along with the circling in Moscow starting at Indian Hills.
MOO why would police say he turned it off OR into Airplane mode? They would have records and know if it was fully off or not by the time of the arrest.

I don't think they had a full analysis by late December. All they know is that the phone was connecting to towers until he was outside of Pullman, then there's a gap. Which could be caused by two different things.

IMO.

 

[Idaho transplant]

You just about gave me a heart attack Boxer I just skimmed Judge Dismisses GJ

I think the State's case was even stronger by the time the GJ was empaneled so I don't think they're going to throw it out. In a WORST case scenario, the State can do it again or proceed with a PH. Either way BK isn't going anywhere.

MOO

After the defense has exhausted all their "Hail Mary's," do you think there is a possibility that BK would plead guilty? He has been associated with the BTK killer from the beginning and that is what BTK did, pled guilty.

 

[10ofRods]

After the defense has exhausted all their "Hail Mary's," do you think there is a possibility that BK would plead guilty? He has been associated with the BTK killer from the beginning and that is what BTK did, pled guilty.

IIRC, BTK's plea bargain required him to fess up. It was a guilty plea, but it wasn't just a guilty plea. It was a plea bargain.

BK has also been compared to Joe DeAngelo (EARONS; GSK; Visalia Ransacker). DeAngelo also plead guilty as part of a plea bargain (no death penalty; life in prison - which for him will likely be actual life in prison). DeAngelo was not required to tell his version of events.

In Kohberger's case, his two options (LWOP or DP) put him perilously close to DP. However, if he really fears the DP, he can definitely try to plea bargain. Sometimes criminal defendants and their lawyers wait until after jury selection to this, but there's no guarantee that the State will offer a bargain. If the State is worried about that "one juror" who might believe BK's version of events (whatever that will be), they might be amenable to such a bargain. It would put BK behind bars for the rest of his natural life.

IMO.

 

[Boxer]

We don't know yet, but this is information I'm very interesting in hearing. I also want to know about the car's Berla report.

Like Barry Morphew even without GPS hopefully Berla will reveal the car turned on and off, lights on and off, the doors opening and closing.
If he went out the window and left car idling. Maybe there is window data.

 

[Boxer]

IIRC, BTK's plea bargain required him to fess up. It was a guilty plea, but it wasn't just a guilty plea. It was a plea bargain.

BK has also been compared to Joe DeAngelo (EARONS; GSK; Visalia Ransacker). DeAngelo also plead guilty as part of a plea bargain (no death penalty; life in prison - which for him will likely be actual life in prison). DeAngelo was not required to tell his version of events.

In Kohberger's case, his two options (LWOP or DP) put him perilously close to DP. However, if he really fears the DP, he can definitely try to plea bargain. Sometimes criminal defendants and their lawyers wait until after jury selection to this, but there's no guarantee that the State will offer a bargain. If the State is worried about that "one juror" who might believe BK's version of events (whatever that will be), they might be amenable to such a bargain. It would put BK behind bars for the rest of his natural life.

IMO.

MOO LWP is best, avoids the need to constantly revisit the crine through appeals.
LWP is a death sentence by natural causes.

 

[girlhasnoname]

After the defense has exhausted all their "Hail Mary's," do you think there is a possibility that BK would plead guilty? He has been associated with the BTK killer from the beginning and that is what BTK did, pled guilty.

My knee jerk reaction was no way would BK plead guilty. He really doesn't have an advantage even if he did. Sure some people speculate the DP coming off the table might motivate him, but in reality, it's unlikely he'd ever be put to death in ID. So LWOP? Not something to look forward to for BK.

I personally think BK is very cunning and thinks he can roll the dice and his Defense team (and him) just might be able to sway one juror. They are already amassing a tremendous amount of Motions, Objections, etc., prime example being this latest Motion regarding the IGG person they submitted. (Controversial in her opinion on using IGG in crimes)

So no, I don't think BK will plead guilty. He'll march solemnly and sternly into trial. Thankfully I also believe the State will ultimately be able to convince a jury of his peers BaRD that BK is guilty.

ALL MOO

 

[Cool Cats]

MOO LWP is best, avoids the need to constantly revisit the crine through appeals.
LWP is a death sentence by natural causes.

Don't you mean LWOP?

In Idaho it is called a fixed life sentence.

LWP means after 20 years he keeps coming up for parole with relatives having to attend parole hearings. Kept happening with Leslie Van Houten and she finally got parole after 50 years.

 

[I'm Nobody]

After the defense has exhausted all their "Hail Mary's," do you think there is a possibility that BK would plead guilty? He has been associated with the BTK killer from the beginning and that is what BTK did, pled guilty.

No way; not in a million years. I think BK will follow Ted Bundy's path, insist on his innocence until the last minute & then blame it on something, not p o r n, not his sexual fantasies, maybe slasher films or criminology studies.

I think BK is enjoying this, viewing it as another school project. 30-40 years of appeals are like research papers to write. I'd bet he's thinking of changing his major to law & becoming a jailhouse lawyer. With his lack of social skills, not sure how easy outside life really was for BK. Most of us would go crazy after 7 months in lockup. BK may have some pathological desire to be institutionalized, little responsibility, big man on the cellblock.

BTK allegedly cared about his daughter.
"Eventually, she (BTK's daughter) urged her father to plead guilty to spare the families of his victims the ordeal of a trial. He refused at first, but changed his plea to guilty on the day the trial was set to begin."
Kerri Rawson, BTK's daughter CBC article re: the shame, guilt, suffering.

So much sadness for the all the families and community.
I don't get the feeling BK cares about anybody.
JMO

edit: word rhymes w corn

 

[Boxer]

Don't you mean LWOP?

In Idaho it is called a fixed life sentence.

LWP means after 20 years he keeps coming up for parole with relatives having to attend parole hearings. Kept happening with Leslie Van Houten and she finally got parole after 50 years.

Yes that was what I meant.
Life without parole.

 

[Jurisprudence]

I'm thinking the protected material is more likely to be medical records.

As stated in the original post IMOO, the protected material relates these officers.

PROTECTIVE ORDER - BRADY/GIGLIO MATERIAL - https://s3.us-west-2.amazonaws.com/...3+Protective+Order+-+BradyGiglio+Material.pdf

MOTION TO COMPEL DISCOVERY - https://s3.us-west-2.amazonaws.com/isc.coi/CR29-22-2805/050423+Motion+to+Compel+Discovery.pdf

6. Mr. Kohberger requests an Order for the State to disclose the following items included in the Defendant’s 2"" Supplemental Request for Discovery:
Reguest No. 160 — Training records of . . . (specific officers)

PROTECTIVE ORDER -https://s3.us-west-2.amazonaws.com/isc.coi/CR29-22-2805/060823+Protective+Order.pdf

This protective order pertains to records obtained by the State from the University of Idaho
during the course of the investigation of this case.

ORDER ON DEFENDANT'S MOTION TO COMPEL DISCOVERY - https://s3.us-west-2.amazonaws.com/...+on+Defendants+Motion+to+Compel+Discovery.pdf

The defense argued that the three officers identified each played a critical role in the investigation of this case. One officer interviewed witnesses at the scene of the crime and worked on the search for a specific car of interest. The second officer interviewed key witnesses expected to testify at trial. The defense expects to subpoena this officer for trial. Finally, the third officer conducted multiple interviews of key witnesses after Kohberger was arrested, attended the victims’ autopsies, and made decisions about what tips provided to law enforcement warranted further investigation.

While generally, “all personnel records of a current or former public official” are exempt from disclosure under the Public Records Act, I.C. § 74-106, public disclosure of the personnel records sought here can be prevented by the issuance of a protective ordered stipulated to by the
parties.
THEREFORE, THE COURT ORDERS THE FOLLOWING:
The State shall provide to the defense the training records requested in Request 160 of
Defendant 's 2”“ Supplement Requestfor Discovery and Motion to Compel Discovery no later...

Further, the parties shall provide the Court with a stipulation for a protective order and a proposed protective order for the training records.

 

[Jurisprudence]

"JUDGE DISMISSES GRAND JURY IN O.J. SIMPSON CASE​

By William Hamilton and
Christine Spolar
June 25, 1994
LOS ANGELES, JUNE 24 -- O.J. Simpson's defense attorneys today won a key tactical victory when a judge aborted the grand jury investigation of the murder of his ex-wife and her male friend because it may have been influenced by the storm of publicity surrounding the case.
The unusual ruling by Superior Court Judge Cecil J. Mills forces the prosecution to disclose much of the evidence against Simpson at a preliminary hearing set for next Thursday and gives defense attorney Robert L. Shapiro the opportunity to try to challenge prosecution witnesses.
It also underscores the extraordinary amount of media coverage the Simpson case has received and the impact it is likely to have in the months ahead."

Problem for AT here is she's not looking to set it aside for "publicity" (horrible ruling in OJ imo).

She's looking to set it aside on grounds that the wrong standard of proof was charged (bc she has nothing else). She is arguing that Idaho criminal trials essentially require 2 trials when indicted by grand jury:

1. Beyond a reasonable doubt to indict; and then again later
2. Beyond a reasonable doubt to convict.

A legislative drafting error from when Dinosaurs roamed the earth which the defense acknowledges in their papers that the Idaho Supreme Court has already corrected and dispensed with. She needs the Idaho Supreme Court to reverse itself as I understand it (I only skimmed her papers), and if it does, the state will likely have to re-indict and re-try every person in custody whose proceeding started via GJ Indictment.

The drafting error is patent. To construe it the way she has is imo, counterintuitive.

All jmo

 

[Jurisprudence]

This is going back a long ways… I have been following these threads, but only posting a couple of times because I can never keep up! From what I recall, they’ve said BK’s phone was “turned off or in airplane mode.” Does anyone know if, by now, investigators can tell which it was? For example, if in airplane mode, the phone still may have been searching for certain connections and “touched [the house’s] wifi” as SG claimed. I am wondering if there may have been anything else- wifi, Bluetooth?- that the phone may have connected to and they would have those details by now. Or maybe more importantly, if there is even a way to get those details, and are they stored in the phones records somehow? Hoping!

JMO

[BBM]
I heard early on from a report of a family who hired a private investigator that the PI uncovered just this very thing. Have not heard a word about it since with the gag order.

jmo

 

[Jurisprudence]

I'm replying to myself here to explain why - I don't think BK sleeps much due to his medical condition as he self reported in his VSS posts and I believe that is what the protected information related to his alibi will be about. JMO.

I don't think that's come up once in this case. It might but to date it has not that I am aware of. His VSS was reported by the press and he was a teenager at the time. It was never reported in any court filings or otherwise mentioned in this case to date, not to say that she won't use this.

All of the protected material save one, relates to the LE officers. The OP was about AT using protected material to establish his alibi on cross. So, I still believe as stated before, that she's planning to go after them. If she plans on pulling that VS rabbit out of her hat, she will need to demonstrate that he's been seeing a doctor for that condition regularly every year up through this date. jmo

MOO

 

[Jurisprudence]

You just about gave me a heart attack Boxer I just skimmed Judge Dismisses GJ

I think the State's case was even stronger by the time the GJ was empaneled so I don't think they're going to throw it out. In a WORST case scenario, the State can do it again or proceed with a PH. Either way BK isn't going anywhere.

MOO

Exactly. I agree. Should she succeed, she's only delaying the inevitable.

MOO