4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #93

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Jason LaBar, the chief public defender of Monroe County, Pennsylvania, is representing Kohberger in the extradition but not the murder case.

"He said this is not him," LaBar told TODAY on Tuesday, Jan. 3. "He believes he's going to be exonerated. That's what he believes, those were his words."
There you go,"those were his words". Thanks for being bothered to look it up! And Jason LaBar not LeMar, kind of close but not close enough. You're a treasure.
 
@danablue1
A bunch of docs dropped, motions from both sides. See docket. (ETA: thanks for posting some of them @twall )
One bone of contention seems to be the IGG stuff. Defense wants the IGG made public, prosecution disagrees.
They're going to discuss that, as well as the recent phone stuff, during the May 14th hearing.
The prosecution wants the May 14th hearing to be closed to the public, but defense objects to that, they want it public.
So tomorrow's hearing is to decide on that.
 
@danablue1
A bunch of docs dropped, motions from both sides. See docket. (ETA: thanks for posting some of them @twall )
One bone of contention seems to be the IGG stuff. Defense wants the IGG made public, prosecution disagrees.
They're going to discuss that, as well as the recent phone stuff, during the May 14th hearing.
The prosecution wants the May 14th hearing to be closed to the public, but defense objects to that, they want it public.
So tomorrow's hearing is to decide on that.
Thanks to you & @twall for the info.

I'm also wondering if the state was unhappy their attempt to stop the defense survey by reading out the two questions they especially objected to at the last hearing seemed to backfire. The questions having been read into the record at an open hearing became part of the public record and as such, were no longer off-limits re: the gag order

"“Because the information is now in the public record, the Court does not see any benefit in preventing the defense from continuing its surveys or requiring that the two questions at issue be eliminated,” Judge said.

https://www.cnn.com/2024/04/22/us/bryan-kohberger-trial-update-survey/index.html

The saying "hoisted by their own petard" comes to mind.
MOO
 
Prosecutors are urging the judge in the Moscow college student murder case to reject defendant Bryan Kohberger’s alibi submitted earlier this month and limit how his defense can present the evidence at trial.

Latah County Prosecutor Bill Thompson argued in a written responsethat the defense has failed to meet the state’s legal threshold to argue that Kohberger was elsewhere than the crime scene at the time of the November 2022 quadruple homicide. The document was filed Friday, but not posted to an Idaho courts website until late Monday.

“The defendant’s supplemental alibi response continues to lack the specificity required by Idaho code,” Thompson wrote. “The defendant is offering nothing new to his initial ‘alibi’ that he was simply driving around during the morning hours of Nov. 13, 2022.”

[…]

In response to prosecutors’ demands, Kohberger’s public defenders last summer filed an alibi that he was out for an overnight drive by himself, as had long been his habit, near the Idaho-Washington state line.

“We knew that already, and if that’s his alibi, so be it,” Thompson countered at a pretrial hearing in August.

[…]

Judge also scheduled a hearing for Thursday morning to help decide whether another pretrial hearing set for May 14 should be closed to the public. Prosecutors last week asked that the hearing be closed for arguments over the defense’s demand for state evidence through the legal process known as discovery, and Anne Taylor, Kohberger’s lead public defender, objected that it should be held in an open setting.

[…]

 

Prosecutors want alibi limited in Idaho student murder case; defense seeks DNA records unsealed​

Tue, April 30, 2024 at 12:37 PM EDT

What I have been saying.....

“The location of defendant’s cellphone at times other than the time of the homicides is not proof of or relevant to the defendant’s specific location at the time of the homicides,” Thompson wrote.

“The defendant’s supplemental alibi response continues to lack the specificity required by Idaho code. The defendant is offering nothing new to his initial ‘alibi’ that he was simply driving around during the morning hours of Nov. 13, 2022.”
 
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Thanks to you & @twall for the info.

I'm also wondering if the state was unhappy their attempt to stop the defense survey by reading out the two questions they especially objected to at the last hearing seemed to backfire. The questions having been read into the record at an open hearing became part of the public record and as such, were no longer off-limits re: the gag order

"“Because the information is now in the public record, the Court does not see any benefit in preventing the defense from continuing its surveys or requiring that the two questions at issue be eliminated,” Judge said.

https://www.cnn.com/2024/04/22/us/bryan-kohberger-trial-update-survey/index.html

The saying "hoisted by their own petard" comes to mind.
MOO

No. The questions are bad for the defense not for the prosecution, IMO.
 
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No. The questions are bad for the defense not for the prosecution, IMO.
Well, that may be why the prosecution read them out in open court hoping to hurt the defense. But that's hardly the reason the prosecution tried to get the survey stopped (which necessitated the hearing.) And the judge did clearly justify not blocking those two questions because the state put them on the public record.
MOO, of course.
 
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Well, that may be why the prosecution read them out in open court hoping to hurt the defense. But that's hardly the reason the prosecution tried to get the survey stopped (which necessitated the hearing.) And the judge did clearly justify not blocking those two questions because the state put them on the public record.
MOO, of course.

The defense hurt themselves. Hello appeal
 
The defense hurt themselves. Hello appeal
The state filed the motion requiring the open hearing about the survey. I guess it's possible it was all a complicated plot by the state to hurt the defense but I don't see it that way. I think it was what it looked like--an effort to stop the survey. I think the wording in the judge's decision made the state look a bit foolish frankly. And now the state wants discussion of discovery kept off a publicly-accessible record. Of course, there's no connection :)
MOO
 
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Thanks to you & @twall for the info.

I'm also wondering if the state was unhappy their attempt to stop the defense survey by reading out the two questions they especially objected to at the last hearing seemed to backfire. The questions having been read into the record at an open hearing became part of the public record and as such, were no longer off-limits re: the gag order

"“Because the information is now in the public record, the Court does not see any benefit in preventing the defense from continuing its surveys or requiring that the two questions at issue be eliminated,” Judge said.

https://www.cnn.com/2024/04/22/us/bryan-kohberger-trial-update-survey/index.html

The saying "hoisted by their own petard" comes to mind.
MOO
State wanted to stop the survey until the court had the chance to assess. Their concerns were legitimate at the time and it would have been irresponsible to do nothing. Imo. State's motion is unsealed and there for the reading. moo
 
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