4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #95

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You know there is a brand new courthouse opening up in the Spring 2025 in Nez Perce county in Idaho. It's almost as if they are building a new courthouse just for this trial. I guess we'll find out later today.
 
Defense laid out its expert witnesses for today, will speak to partiality. Media saturation, decision-making, their poll, and the legitimacy of their polling technique.
 
CKS said:
What is the criteria for an alibi that meets the Idaho statute? I've tried to research it but haven't had much luck. Not trying to disagree I just don't understand what you are talking about.


Thanks
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The prosecution doesn't believe that the defense has met the criteria of an alibi defense as stated in the Idaho statute. However, the judge has discretion regarding how he wants to proceed regarding the alibi defense, according to Idaho statute. And since this is a death penalty case, it's possible that the judge will allow the defense some latitude with regard to their alibi defense.

The defense believes that the prosecution has the evidence for their alibi defense, and in response to the prosecution's motion that the defense include in their alibi defense information that meets the criteria of the Idaho statute, the defense had requested/proposed to the judge that they (the defense) hold an ex parte hearing with the judge in order to discuss the content of their alibi defense and what the prosecution says it is lacking.

In proposing an ex parte hearing with the judge, he defense wanted the opportunity to explain to the judge what they believe they can prove from the cell evidence, but does not want to give this information to the prosecution, hence the request made by the defense for an ex parte hearing with the judge without the prosecution present.

I don't think it has ever been confirmed if this offer of/request for an ex parte hearing of the defense with the judge ever took place, however the process of requesting this hearing sheds light on the reasons why the defense's alibi defense does not meet the exact criterion in the Idaho code.


Edited to add: Last year, throughout the month of August 2023 on this forum here on WS, there was extensive discussion of the Idaho Code regarding the alibi defense and also the prosecution's motion to compel and the defense's suggestion that an ex parte hearing be held with the defense and the judge in order for the defense to explain their reasoning behind the alibi defense issue.

For additional information, you may want to go back to read those posts where this was extensively discussed. There was some good discussion that was informative and shed light on the whole alibi defense law, it's intent, and how it was being implemented by the defense and the prosecution in this case.
 
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This is going to be a yawner.

Pie charts and statistics.

Irony: today's livestreamed hearing will lead to a spike in articles mentioning the defendant (and other key search words).

He's talking about the number of articles a resident might see, relative to the smaller population. Volume of media coverage vs. Population/exposure.

Boy, this is dry.

MOO
 
Megnut said:
This is going to be a yawner.

Pie charts and statistics.

Irony: today's livestreamed hearing will lead to a spike in articles mentioning the defendant (and other key search words).

He's talking about the number of articles a resident might see, relative to the smaller population. Volume of media coverage vs. Population/exposure.

Boy, this is dry.

MOO
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Dry can be ok for a judge IMO, not so much for a jury.
 
@JordanSmithKXLY

Murphy shared this graph, showing media volume by county.Latah County had 36% of media coverage, while Ada county had 27.7%.Basically he’s saying media coverage is much more likely to be seen per person in Latah county than in Boise. By his metrics, twice as likely

1724950111905.png
https://twitter.com/x/status/1829199255078351134
 
Expert wagers an uptick in media coverage for today.

Gee, ya think?

I know we're only 20 minutes in, but media coverage and juror impartiality don't have to be mutually exclusive.

Isn't this what voir dire for?

JMO
 
Megnut said:
This is going to be a yawner.

Pie charts and statistics.

Irony: today's livestreamed hearing will lead to a spike in articles mentioning the defendant (and other key search words).

He's talking about the number of articles a resident might see, relative to the smaller population. Volume of media coverage vs. Population/exposure.

Boy, this is dry.

MOO
Click to expand...
Defense has nothing. They know he's going down.
Defense must spin a story or two or more to continue delay of trial. imo
 
I suppose that was necessary foundational for what's in store next (how the media might impact a jury) but it was a long hour to say there is more media coverage/interest closer to the crime. Intuitive.

JMO
 
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