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

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If "One Juror" is Swayed?
.... I personally think BK... thinks he can roll the dice and his Defense team (and him) just might be able to sway one juror....
snipped for focus @girlhasnoname Not directing this point to you personally. For months many others have expressed fear of One Juror being swayed.

Yes, it's possible BK & def. team believe one juror could be swayed,
leading to hung jury, which BK & def. team may see as a victory (of sorts).
But that does not put BK back on the street as a free man.

The Latah County prosecutor would likely see a mistrial as a major disappointment, but imo any prosecutor in his shoes would retry the case.

Huge undertaking, again? Yes. Gigantic expense? Yes.
But if there's a hung jury, imo a retrial is virtually inevitable.
That is, unless BK would agree to LWOP, IF the state would offer.

jmo moo imo
________________________________________
hung jury
 
So about Indian Hills Rd.
Its the natural turn around (via Aloce Ave.) if one was been driving on Southview Ave just east of 95 buttgen decided to go to 1122 King Rd.
There is a popular student apartments complex on Southview called the Grove.

S. Nevada Pullman 2:47
700 Indian Hills Rd. 3:26
39 minutes travel time

Google maps trip estimate is 24 minutes.
 
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The Defense wants the 'records' paperwork, notes, etc. of FBI in relations to doing the Genetic Genealogy Investigation that narrowed down the DNA to a male Kohberger. The State has submitted a response in their Motions they do not have access to those and that the FBI does not typically document their process them or provide them for trial.

MOO

She's literally doing everything to try to throw mud in the wheels of this case, and you have to give her credit for that I suppose. This investigative genetic genealogy evidence is not being offered at trial as proof of his guilt. The state has emphatically stated so (page 10 forward). Therefore this path she's going down is legally and factually irrelevant imo. There is no constitutional concerns in researching a public database. There is no more of a fruit of the poisonous tree imo, a concept so many love to throw around out of context on so many other social media sites (as they are doing here in the case of this IGG), with this investigative technique than there would be for a lie detector test. Both are tools.

But, I have a feeling the judge will indulge her. After all, he has on every single thing she's asked for be it permissible discovery, prohibited discovery, or discovery she's flat out not entitled to under the rules. This evidence she's asking for is not evidence. It will not be presented at trial. It is wholly irrelevant. But without it the people of Idaho can't pay BK's "expert" to take the stand and testify that the "investigative" tool (and the defense imo will never characterize it as investigative. Rather, their goal will be try to make it seem as if it is "the" thing that served to result in his indictment, and this is simply not true) that LE used leading them to the K family tree, violated BK's 4th Amendment rights. Same counter/rebuttal testimony as a million other times by the same defense expert I wld expect. jmo

The state even expects he will indulge her. FN 6 reserves their right to enter into evidence if he does.

All jmo

 
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She's literally doing everything to try to throw mud in the wheels of this case, and you have to give her credit for that I suppose. This investigative genetic genealogy evidence is not being offered at trial as proof of his guilt. The state has emphatically stated so (page 10 forward). Therefore this path she's going down is legally and factually irrelevant imo. There is no constitutional concerns in researching a public database. There is no more of a fruit of the poisonous tree imo, a concept so many love to throw around out of context on so many other social media sites (as they are doing here in the case of this IGG), with this investigative technique than there would be for a lie detector test. Both are tools.

But, I have a feeling the judge will indulge her. After all, he has on every single thing she's asked for be it permissible discovery, prohibited discovery, or discovery she's flat out not entitled to under the rules. This evidence she's asking for is not evidence. It will not be presented at trial. It is wholly irrelevant. But without it the people of Idaho can't pay BK's "expert" to take the stand and testify that the "investigative" tool (and the defense imo will never characterize it as investigative. Rather, their goal will be try to make it seem as if it is "the" thing that served to result in his indictment, and this is simply not true) that LE used leading them to the K family tree, violated BK's 4th Amendment rights. Same counter/rebuttal testimony as a million other times by the same defense expert I wld expect. jmo

The state even expects he will indulge her. FN 6 reserves their right to enter into evidence if he does.

All jmo

The trial is a game of errors for the defense as MOO their client is almost certainly guilty.
 
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.
Thank you for posting this. It's very interesting.
 
So about Indian Hills Rd.
Its the natural turn around (via Aloce Ave.) if one was been driving on Southview Ave just east of 95 buttgen decided to go to 1122 King Rd.
There is a popular student apartments complex on Southview called the Grove.

S. Nevada Pullman 2:47
700 Indian Hills Rd. 3:26
39 minutes travel time

Google maps trip estimate is 24 minutes.

This is all batsh!t crazy to me given that the police department is right there now. Why not drive right over afterwards and turn yourself in! JMOO
 
NOTICE IS HEREBY GIVEN that Bryan C. Kohberger by and through his attorney, Anne C. Taylor, Public Defender, will call on for hearing the below Motions in the above entitled matter on 8/18/23 at 10:30AM or as soon thereafter as counsel may be heard in front of the Honorable Judge John Judge.
- Defendant’s 3rd Motion to Compel filed June 22, 2023
- Defendant’s 2nd Motion to Stay Proceedings filed July 25, 2023
 
If "One Juror" is Swayed?

snipped for focus @girlhasnoname Not directing this point to you personally. For months many others have expressed fear of One Juror being swayed.

Yes, it's possible BK & def. team believe one juror could be swayed,
leading to hung jury, which BK & def. team may see as a victory (of sorts).
But that does not put BK back on the street as a free man.

The Latah County prosecutor would likely see a mistrial as a major disappointment, but imo any prosecutor in his shoes would retry the case.

Huge undertaking, again? Yes. Gigantic expense? Yes.
But if there's a hung jury, imo a retrial is virtually inevitable.
That is, unless BK would agree to LWOP, IF the state would offer.

jmo moo imo
________________________________________
hung jury
Northern Idaho is unique in respect to some individuals/groups that are; anti-government, anti-law enforcement, and, let's just say - freedom fighters. If ever there was a place to find that one juror, it could be there.
 
Northern Idaho is unique in respect to some individuals/groups that are; anti-government, anti-law enforcement, and, let's just say - freedom fighters. If ever there was a place to find that one juror, it could be there.
Is there a Flat-Earth Society? The D trying to put DNA evidence on trial, they should look for a Flat-Earth juror.

JMO
 
what does defense counsel do if BK is proclaiming his innocense but has no other explanation? I see him as just "digging in his heels." IMO
well whatever they are going to do involves reviewing the evidence first which is why these statements always baffle me as premature. then it’s unhealthy obsession and creative thinking to try to come up with something while leaning on him as hard as ethically possible to plea if one is offered
 
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
VSS is defined by medical science as incurable at this time although the symptoms can supposedly be managed through diet (and some medications may help somewhat) - hence the reason for BK to be a vegan as that diet is known to help some with VSS. He self reported that he never sleeps in his posts on VSS. Was he exaggerating? IDK. Protected information is usually stuff like SSN, banking, medical - it is individual and can be used illegally by another person. Then we have evidence and information in this case which is under a protected order. They could be one and the same or may be two different things. Usually I would expect attorneys, who are very precise in their language to define the two (protected information and protected order) separately, but in this case, it is hard for me to tell what they mean. I'm sure we'll find out eventually.
 
VSS is defined by medical science as incurable at this time although the symptoms can supposedly be managed through diet (and some medications may help somewhat) - hence the reason for BK to be a vegan as that diet is known to help some with VSS. He self reported that he never sleeps in his posts on VSS. Was he exaggerating? IDK. Protected information is usually stuff like SSN, banking, medical - it is individual and can be used illegally by another person. Then we have evidence and information in this case which is under a protected order. They could be one and the same or may be two different things. Usually I would expect attorneys, who are very precise in their language to define the two (protected information and protected order) separately, but in this case, it is hard for me to tell what they mean. I'm sure we'll find out eventually.

I've never seen a shred of evidence that being vegan "is known to help" with VSS (or any other neurological disorder). Indeed, I believe the scholarly evidence says the opposite (mostly "no known help from diet" but also "perhaps made worse through vegetarianism/veganism - not specifically for VSS but for neurological/neurochemical disorders, of which VSS is just one).

The only person I know of who has said veganism helps is...Bryan Kohberger. On TapATalk. Fibromyalgia (which may or may not be a neurological disorder) is supposedly helped by raw vegetarian/vegan diet (according to just one study). And, certainly, a plant-based diet does help with certain metabolic disorders (insulin-resistance in particular). VSS is not a metabolic disorder.

I don't even see much juried research on whether diet helps VSS at all. The only study I can find that had benefits for sufferers focuses on sleep hygiene (including use of sleep medications - the sleeplessness makes the psych symptoms worse; the anxiety and depression eased with more sleep - so the idea is that VSS sufferers should not embrace their insomnia, but try to improve their sleep).

I believe the protected information in this case is the genetic data of the relative of Kohberger, who has nothing to do with this case, is not going to be a witness, and whose data is about to be explored by the Defense, if the Defense gets its way. That's my take, anyway.

JMO.
 
Narrator: “But she did not succeed.”

Calling a slam dunk by the time we know the full DNA evidence.
They had me at slam dunk the minute they revealed the DNA on the knife sheath UNDER Madison's body matched his DNA. He apparently, though, still thinks he's the smartest person in the room. :eyeroll:
 
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