4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #96

[DizzyB]

Could this end up delaying the trial even further?

 

[Nila Aella]

I'm pleasantly surprised because it could have gone the other way, but not surprised at the decision itself. I've felt for a very long time that it would be next to impossible to find a completely objective jury in Moscow/Latah County just based on human behavior and the response to community trauma.

MOO.

From reading his order:
Reasons for COV:
Presumed prejudice
Safety
Logistics
JMO

 

[Nila Aella]

Could this end up delaying the trial even further?

I did look at the CD COV. There was a slight delay before a new Judge/district was assigned. Oct 8 (COV) to Oct 20 (Supreme Court Order) in that case.
JMO

 

[Nila Aella]

• 09/06/2024 Order Granting Defendants Motion to Change Venue

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwjfhebJsbaIAxW_KlkFHbCQB-MQFnoECAwQAQ&url=https%3A%2F%2Fcoi.isc.idaho.gov%2F&usg=AOvVaw3QpkN0NQPCGFbgfzIE_S1f&opi=89978449

Edit: added link to cases page

 

[Swansee]

In the document filed, the court said, “Kohberger's Motion to Change Venue is granted pursuant to Idaho Criminal Rule 21(a) and 21(b). Consistent with the language of Idaho Criminal Rule 21(c)(2)(B), this Court orders transfer of venue "without specifying the new place of venue" and refers "the case to the administrative director of the courts for assignment by the Supreme Court to court of proper venue in another judicial district and assignment of specific judge to preside in the criminal proceeding."

From: Judge grants Bryan Kohberger's change of venue request.

Looks like JJJ doesn't want to be the Judge any more, also:

(B) if the original judge does not desire to continue the assignment over the case, the judge must enter an order transferring the case without specifying the new place of venue, and then refer the case to the administrative director of the courts for assignment by the Supreme Court to a court of proper venue in another judicial district and assignment of a specific judge to preside in the criminal proceeding.

From: I.C.R. 21. Transfer for Trial | Supreme Court

IMO ultimately this is for the best (JJJ gave lots of very good practical reasons in section 2 of his order), but I kinda hope JJJ stays on... I've gotten used to it being him!
I guess it's up to the Idaho Supreme Court now and we'll hopefully find out soon. Boise I guess?

 

[MassGuy]

https://twitter.com/x/status/1833200856021536867

 

[QB2022]

Dbm

 

[GRT]

Given the large number of Christ Church members in Moscow--whose leaders have been at odds with Moscow LE to the extent that three who were arrested filed a suit that the City recently settled for $300K, I think the venue change may also be better for the prosecution. Those little "internal" battles can sway folks as much as media coverage of a suspect.

JMOO

 

[CKS]

IMO ultimately this is for the best (JJJ gave lots of very good practical reasons in section 2 of his order), but I kinda hope JJJ stays on... I've gotten used to it being him!
I guess it's up to the Idaho Supreme Court now and we'll hopefully find out soon. Boise I guess?

I'm guessing it may be moved to the brand new courthouse being built in Nez Perce if it's completed in time.

A courthouse for the next century

 

[arielilane]

https://twitter.com/x/status/1833193379842121755

 

[arielilane]

If it's accurate that he left the judge assignment to the ISC, maybe he's hoping he can get off this train.

Imo, you nailed it!

 

[arielilane]

May

IMO ultimately this is for the best (JJJ gave lots of very good practical reasons in section 2 of his order), but I kinda hope JJJ stays on... I've gotten used to it being him!
I guess it's up to the Idaho Supreme Court now and we'll hopefully find out soon. Boise I guess?

Judge Judge is off the case, and imo, it is a good thing. No further comment about it. It's an opinion with no further details.

 

[Sundog]

May

Judge Judge is off the case, and imo, it is a good thing. No further comment about it. It's an opinion with no further details.

I wonder if it's pro forma in a situation like this when a trial is moved to a new location in Idaho, and if part of the process of turning the case over to the Idaho Supreme Court to determine a new venue also includes the Supreme Court's jurisdiction to select not only the new venue, but also the judge who will preside over the case. If that is part of the process, then presumably the Supreme Court could select Judge Judge to preside over the case in the new venue?

 

[Balthazar]

Whoa. Was not expecting that.

I expected this would have to happen due to the extensive negative media coverage. I also noticed JJJ was not making many decisions over the past few months, when decisions he was being asked to make, seemed rather simple and straightforward but could have later implications for the trial. IMO, JJJ was likely expecting/planning for this as well and didn't want to cause issues for whoever WILL be the judge for this trial.

I do believe, for the residents of Moscow, this is the right decision. The media converging on Moscow and all the people coming in for the trial would have been a complete and utter mess for their small city.

All JMO.

 

[arielilane]

Just read the Goncalves' family statement. I stand with the family. I always have and I always will.
They're the voice for their daughter Kaylee. Glad to see how they keep it loud and strong, louder than BK's whimpers.
They are given no choice but to push back.

All my love and support to Kaylee Goncalves’ family. Stay strong. Your love is stronger than evil BK.

 

[arielilane]

@BrianEntin

There will also be a new judge assigned in the Bryan Kohberger case.I expected just change of venue.But the ruling indicated a new Judge too.


1:59 PM · Sep 9, 2024

 

[SpiderFalcon]

I wonder if it's pro forma in a situation like this when a trial is moved to a new location in Idaho, and if part of the process of turning the case over to the Idaho Supreme Court to determine a new venue also includes the Supreme Court's jurisdiction to select not only the new venue, but also the judge who will preside over the case. If that is part of the process, then presumably the Supreme Court could select Judge Judge to preside over the case in the new venue?

@Sundog , here is the ICR 21 link, which answers what the Idaho Supreme Court will do, according to the way JJJ wrote the COV:

I.C.R. 21. Transfer for Trial | Supreme Court

JJJ specifically put in his order: https://s3.us-west-2.amazonaws.com/...r-Granting-Defendants-Motion-Change-Venue.pdf

Which says: (B) if the original judge does not desire to continue the assignment over the case, the judge must enter an order transferring the case without specifying the new place of venue, and then refer the case to the administrative director of the courts for assignment by the Supreme Court to a court of proper venue in another judicial district and assignment of a specific judge to preside in the criminal proceeding.