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

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The courtroom is not at capacity, but it is more filled than previous hearings. The Goncalves family is in attendance alongside their attorney. Steve Goncalves told@BanfieldonNN last night that he wants to monitor the hearing closely to make sure justice is served.

NOW: #BryanKohberger and his defense team have entered the courtroom. Bryan is wearing a grey suit with a blue and gold striped tie. He entered the room calmly and did not appear to have much of an expression on his face. The judge has now taken his seat at the bench.

We are now on the record. Several motions are set for today. State's motions: protective order (investigative genetic genealogy DNA issue) which is related to defense's motion to compel. Also motion to reconsider speedy trial, motion to stay proceedings alleging irregularities in grand jury indictment, motion to compel defense of alibi, motion for scheduling order.

 
The defense will go first in discussing the motion to compel. There are witnesses expected to be called today. But first, some objections from the prosecution. State believes calling attorneys to testify about legal conclusions and discovery dispute is not proper. She says that Anne Taylor is an attorney and should be able to make the case without calling on fellow attorneys to testify as witnesses. State is objecting to a different defense witness, but says it never received a CV of the witness, which means she cannot be properly vetted by the prosecution. They say they feel "ambushed."

 
https://twitter.com/JordanSmithKXLY


Kohberger is back in court this morning as we’re set to hear multiple discussions, including challenges to Kohberger’s alibi the night of the murders. We’ll be live tweeting in the courtroom when it all begins in 30 minutes.

Kohberger is back in a suit and tie. He gave a very brief smile to his attorney before taking his seat. Judge John Judge is now reading today’s agenda

Kohberger has entered the room. We are underway.

Discussions of DNA and genetic genealogy and a motion to stay will headline the morning. The State has objected to the defense’s witnesses. The defense is arguing that the witnesses are qualified and have traveled quite a distance to be here.
 
Defense says they are well versed in criminal defense and DNA genealogy. They will not be called as witnesses if this goes to trial, but are critical today when discussing DNA evidence and why it should be allowed into discovery for the defense's preparation of the case.

As for the CV witness, defense says the declaration has her background and training which speaks to her credibility. Acknowledges that the declaration only came in yesterday (which is "late"), but said it was for undisclosed reasons beyond their control.

The defense says it's attorney witnesses are known to the state and have experience sharing with Idaho Courts. Defense claims prosecution knew that they were going to be called as witnesses for a long time, and that they have traveled to Moscow today for this specific reason and should be allowed to testify.

 
The defense will go first in discussing the motion to compel. There are witnesses expected to be called today. But first, some objections from the prosecution. State believes calling attorneys to testify about legal conclusions and discovery dispute is not proper. She says that Anne Taylor is an attorney and should be able to make the case without calling on fellow attorneys to testify as witnesses. State is objecting to a different defense witness, but says it never received a CV of the witness, which means she cannot be properly vetted by the prosecution. They say they feel "ambushed."

*blink* She says THEY feel ambushed????

ambushed
  1. make a surprise attack on (someone) from a concealed position.
The 4 victims were definitely victims of a surprise attack. One could argue the concealed part... but stealth, when sleeping in the middle of the night, is sorta 'concealed'. They sure didn't see it coming. That's for darn sure.

Justice for Maddie, Kaylee, Xana, Ethan and their families!!!
 
The state says they haven’t received info on multiple pieces of DNA found at the crime scene. Bill Thompson: “We have given everything that we have received from the lab.”

Judge has denied the State’s objection to the witnesses. In regards to DNA, he says the gravity of a death penalty case merits the opportunity to hear from both sides.

 
*blink* She says THEY feel ambushed????

ambushed
  1. make a surprise attack on (someone) from a concealed position.
The 4 victims were definitely victims of a surprise attack. One could argue the concealed part... but stealth, when sleeping in the middle of the night, is sorta 'concealed'. They sure didn't see it coming. That's for darn sure.

Justice for Maddie, Kaylee, Xana, Ethan and their families!!!
As I understand it, the prosecution feels ambushed due to lack of background information on the defense expert witness.
 
Court is about to convene in Moscow, ID ahead of today's Bryan Kohberger hearing. I will be live tweeting using this thread below.

Court TV is our pool camera inside the courtroom today. There is no live feed available for other networks and affiliates, but that will be shared later today on
@NewsNation
. We will also have liveshots throughout the day recapping today's hearing.

The courtroom is not at capacity, but it is more filled than previous hearings. The Goncalves family is in attendance alongside their attorney. Steve Goncalves told

@BanfieldonNN
last night that he wants to monitor the hearing closely to make sure justice is served.

NOW: #BryanKohberger and his defense team have entered the courtroom. Bryan is wearing a grey suit with a blue and gold striped tie. He entered the room calmly and did not appear to have much of an expression on his face. The judge has now taken his seat at the bench.

We are now on the record. Several motions are set for today. State's motions: protective order (investigative genetic genealogy DNA issue) which is related to defense's motion to compel. Also motion to reconsider speedy trial, motion to stay proceedings alleging irregularities in grand jury indictment, motion to compel defense of alibi, motion for scheduling order.

The defense will go first in discussing the motion to compel. There are witnesses expected to be called today. But first, some objections from the prosecution. State believes calling attorneys to testify about legal conclusions and discovery dispute is not proper. She says that Anne Taylor is an attorney and should be able to make the case without calling on fellow attorneys to testify as witnesses.

The defense says it's attorney witnesses are known to the state and have experience sharing with Idaho Courts. Defense claims prosecution knew that they were going to be called as witnesses for a long time, and that they have traveled to Moscow today for this specific reason and should be allowed to testify.
Defense says they are well versed in criminal defense and DNA genealogy. They will not be called as witnesses if this goes to trial, but are critical today when discussing DNA evidence and why it should be allowed into discovery for the defense's preparation of the case.

As for the CV witness, defense says the declaration has her background and training which speaks to her credibility. Acknowledges that the declaration only came in yesterday (which is "late"), but said it was for undisclosed reasons beyond their control.

Judge is concerned about opinions of constitutional law and procedures of discovery. Judge says Anne Taylor is capable of making those cases. But says that their expertise on genetic genealogy has merit. Says it would be "wise for him to allow it" on the record.

Judge says he doesn't want to get into arguments about law but wants to be able to hear from both sides. Judge denies the objections of the prosecution and will allow witness testimony.

Clarification on the defense's motion to compel: Defense does not have the lab results of the other three unidentified male DNA samples, two from within the house and one from outside the house. That is what they want. Prosecution says they have provided everything they have.

Judge: "There has to be some level of trust in discovery. You are all sworn attorneys. Mr. Thompson is saying there is one more lab report coming your way..."

 
The judge has excluded the other witnesses from the room to prevent them from reacting to or mirroring other testimony. They are being escorted out by Anne Taylor, Kohberger’s attorney.

The Defense has requested all emails, text messages and electronic messages in this case. Prosecutor Bill Thompson adamantly responded that they have turned over everything they have. They’ll make an additional request to the lab to ensure they’re not missing anything.

The judge has excluded the other witnesses from the room to prevent them from reacting to or mirroring other testimony. They are being escorted out by Anne Taylor, Kohberger’s attorney.

 
Defense calls first witness: Stephen Mercer. Brief pause in proceedings to excuse the other witnesses that will be testifying today. Mercer is from Maryland and is a licensed attorney in D.C. in the field criminal defense with specialization in DNA.

Judge asks prosecution to reach back out to the lab and make sure there are no other existing documents and results that the defense does not have. Defense is adamant that the prosecution has given everything they have, and calls the pleas for more information "speculation."

Judge: "There has to be some level of trust in discovery. You are all sworn attorneys. Mr. Thompson is saying there is one more lab report coming your way..."

 
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