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

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NCWatcher said:
Ok, sure. Evidence of an act that's an element of the charge brought may certainly come in. IF he was charged with concealing evidence, how he concealed it would clearly be relevant evidence. But whether he broke into a classmate's apartment so she'd have him help her with a home surveillance system that he could later use to spy on her seems irrelevant to the charges brought (even in the unlikely event it could be proven the situation with the classmate actually happened.) And if there is evidence he routinely ran and/or drove around at night, that would seem to me to be evidence favorable to the defense, not the state. It would show his behavior wasn't unusual that particular night.
MOO
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it's not unusual for a vampires to fly around at night either. mOO
 
wendy44 said:
When you read through this list of deadlines, the bulk of them are by the end of this year and into April, though the trial is not until August. It seems far away, but looking at this, you can really appreciate how much is actually due way before then. An August trial date is not nearly as much time to prepare as it seems.
IMO
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Agree. Imagine how compacted the deadlines would have had to be if the trial had been moved back to May (one of the judge's suggested dates.)
MOO
 

ETA link
 
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NCWatcher said:
..... And if there is evidence he routinely ran and/or drove around at night, that would seem to me to be evidence favorable to the defense, not the state. It would show his behavior wasn't unusual that particular night.
MOO
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<Snipped by Me for Focus>

I don't read this piece of evidence like that at all. And certainly not supportive of the defense.

Much in the same way if you walked a certain path 365 days a week, and they found your DNA inside of a home along that path, where it didn't belong.... the fact that you walk that path everyday is not going to be supportive of your case. If anything it incriminates you further. JMO.

That behavior gives you means and opportunity.

"I was at Grandma's" or "I was in another state, here's proof" or "my car was in the shop, my rental is a red Corvette" are favorable to the defense.

IMO even with the most liberal of interpretations of "I regularly drive around at ungodly hours and my DNA was found at a quadruple murder scene" (obviously not a real quote) this is neutral evidence at best.

MOO
 
schooling said:
<Snipped by Me for Focus>

I don't read this piece of evidence like that at all. And certainly not supportive of the defense.

Much in the same way if you walked a certain path 365 days a week, and they found your DNA inside of a home along that path, where it didn't belong.... the fact that you walk that path everyday is not going to be supportive of your case. If anything it incriminates you further. JMO.

That behavior gives you means and opportunity.

"I was at Grandma's" or "I was in another state, here's proof" or "my car was in the shop, my rental is a red Corvette" are favorable to the defense.

IMO even with the most liberal of interpretations of "I regularly drive around at ungodly hours and my DNA was found at a quadruple murder scene" (obviously not a real quote) this is neutral evidence at best.

MOO
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Not being in Moscow at all & being able to show BK was somewhere else would be best for the defense. I certainly agree with that. Leaving aside whether DNA on only a small moveable object is the kind of DNA evidence one would expect to find "at the scene" of a quadruple stabbing home invasion homicide (that wasn't part of the discussion I was responding to), I think you are missing the context of what I said that about regularly driving around.

In the "sub thread/discussion" (for lack of a better term) I was replying to it had been stated in order to ensure a conviction "They [the state's attorneys] have to paint a picture of Bryan for the jury... a guy who drives around all night and goes running in the wee hours of the morning..."

If it can be proven by the state BK was driving around that night and his route included Moscow (we don't know that it can be-- older white Hyundais [and white Nissan sedans] aren't exactly rare in Idaho or anywhere else-- but let's assume for now it can be shown) better it be something he did regularly (perhaps sometimes to "star gaze" :)) vs something he did only on the night of a quadruple homicide in Moscow. In other words, convincing the jury BK is a guy who frequently drove around at all hours of the night and/or ran many nights vs showing he only drove around THAT night helps the defense more than it does the state. At least that's how I'd see it as a juror. But, of course, it would be better to have proof one was miles away from Moscow that night. Unfortunately though, as has been discussed in other threads, single adults who live alone may have trouble producing evidence of their whereabouts in "the wee hours" even when they weren't where they've been accused of being.

MOO
 
wendy44 said:
When you read through this list of deadlines, the bulk of them are by the end of this year and into April, though the trial is not until August. It seems far away, but looking at this, you can really appreciate how much is actually due way before then. An August trial date is not nearly as much time to prepare as it seems.
IMO
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Yes. Kudos to judge Hippler for sticking to most of JJJ's prior deadlines re prior scheduling order. And the additional details are useful. Especially glad to see Defense Jan 2025 deadline for their discovery hasn't been moved back. Jmo
 
Nila Aella said:

ETA link
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Thank you for posting these updates!
I haven't read through all of them yet , that'll be for this weekend, but just skimmed through them quickly and noticed that these new documents are now primarily signed by Ingrid Batey and Jeff Nye, with Bill Thompson's signature only appearing second.
This seems to confirm my earlier impression that although BT remains on the Prosecution team "on paper", the heavy lifting going forward is going to be done by IB and JN.
 
Swansee said:
Thank you for posting these updates!
I haven't read through all of them yet , that'll be for this weekend, but just skimmed through them quickly and noticed that these new documents are now primarily signed by Ingrid Batey and Jeff Nye, with Bill Thompson's signature only appearing second.
This seems to confirm my earlier impression that although BT remains on the Prosecution team "on paper", the heavy lifting going forward is going to be done by IB and JN.
Click to expand...
I noticed that too, but to me it just confirms that Batey and Nye are likely the team members with the most appropriate experience in death penalty motions rather than concluding BT and AJ are no longer going to do any 'heavy lifting'. It's a team effort. Moo
 
I would have zero patience with this, and the endless nitpicking on minutiea. Showing up for "status" hearings with a judge, that last less than 5 minutes. On and on...

And we are not even talking about the clients yet. Yes, everyone deserves a zealous defense. But I would find it difficult to be motivated for clients charged with violent crimes.
 
jepop said:
I noticed that too, but to me it just confirms that Batey and Nye are likely the team members with the most appropriate experience in death penalty motions rather than concluding BT and AJ are no longer going to do any 'heavy lifting'. It's a team effort. Moo
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Yes, and also, most of those Motions from BK's team were signed by JL, not AT. Maybe that means the "heavy lifting" isn't being done by AT??? No, I think what you said @jepop , is more likely. TEAM EFFORT. IMO
 
SpiderFalcon said:
Yes, and also, most of those Motions from BK's team were signed by JL, not AT. Maybe that means the "heavy lifting" isn't being done by AT??? No, I think what you said @jepop , is more likely. TEAM EFFORT. IMO
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IIRC previously all the Defense motions arguing specious legal procedural points have been made by JL. He was also the one arguing against the grand jury indictment (remember that painfully dull tirade at the hearing?). So yes, in that department JL has been the one doing the bulk of the work for the Defense team. They seem to have the workload split that way from the start.
On the Prosecution side, this is the first time we've seen motions signed primarily by IB and JN. I am not saying BT is completely out, but it seems likely (and frankly, preferable, for reasons I've mentioned previously) that an adjustment is taking place.
MOO
 
Swansee said:
IIRC previously all the Defense motions arguing specious legal procedural points have been made by JL. He was also the one arguing against the grand jury indictment (remember that painfully dull tirade at the hearing?). So yes, in that department JL has been the one doing the bulk of the work for the Defense team. They seem to have the workload split that way from the start.
On the Prosecution side, this is the first time we've seen motions signed primarily by IB and JN. I am not saying BT is completely out, but it seems likely (and frankly, preferable, for reasons I've mentioned previously) that an adjustment is taking place.
MOO
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Respectfully bolded above. Yes re defense's split of work, but this is the first time the prosecution has had to respond to detailed motions from Defense re death penalty. So I'm not getting your underlying logic here to make the assumption you do. Moo

It makes more sense to me that this is the area Ingrid Batey excels in and I'd also speculate this is one of the reasons she was initially brought in board in first half of 2023. Can't remember exact date that motion was filed but Imo Batey and Nye were added for their relevant skills and to help split the workload. BT and AJ are in top of trial prep and discovery. Moo

ETA and if sorting and addressing the discovery in this case, in addition to all the trial prep work and endless pre-trial motions is not deemed as ' heavy lifting' compared with responses to death penality motions, I don't know what is.
 
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Swansee said:
Thank you for posting these updates!
I haven't read through all of them yet , that'll be for this weekend, but just skimmed through them quickly and noticed that these new documents are now primarily signed by Ingrid Batey and Jeff Nye, with Bill Thompson's signature only appearing second.
This seems to confirm my earlier impression that although BT remains on the Prosecution team "on paper", the heavy lifting going forward is going to be done by IB and JN.
Click to expand...

Just normal Motions filed in a DP case, not necessey for the lead cousel team to handle. Usually printed out and signed.


How Much Time and Money Goes Into Capital Cases?​

All in all, it can take an average death-row defendant over 17 years to get through just the state system. If the defendant files the writ next in federal court, that’s on average another ten-plus years. The total: About a quarter-century of court reviews.

Costs associated with death penalty cases range drastically, but studies have shown that death penalty cases can cost double or triple the amount that a non-death penalty case costs. Most of these costs are borne by taxpayers, including costs of legal representation, trial and appeals, and incarceration.

2 Cents
 
jepop said:
Swansee said:
IIRC previously all the Defense motions arguing specious legal procedural points have been made by JL. He was also the one arguing against the grand jury indictment (remember that painfully dull tirade at the hearing?). So yes, in that department JL has been the one doing the bulk of the work for the Defense team. They seem to have the workload split that way from the start.
On the Prosecution side, this is the first time we've seen motions signed primarily by IB and JN. I am not saying BT is completely out, but it seems likely (and frankly, preferable, for reasons I've mentioned previously) that an adjustment is taking place.
MOO
Click to expand...

Respectfully bolded above. Yes re defense's split of work, but this is the first time the prosecution has had to respond to detailed motions from Defense re death penalty. So I'm not getting your underlying logic here to make the assumption you do. Moo

It makes more sense to me that this is the area Ingrid Batey excels in and I'd also speculate this is one of the reasons she was initially brought in board in first half of 2023. Can't remember exact date that motion was filed but Imo Batey and Nye were added for their relevant skills and to help split the workload. BT and AJ are in top of trial prep and discovery. Moo

ETA and if sorting and addressing the discovery in this case, in addition to all the trial prep work and endless pre-trial motions is not deemed as ' heavy lifting' compared with responses to death penality motions, I don't know what is.
Click to expand...
This is the original Defense Order to appoint "death qualified" co-counsel dated 3-7-2023:


This is the original Prosecution Order to appoint Special Assistant Attorneys General dated 4-24-2023:


I don't see any adjustment taking place. I see each team working as a TEAM.
MOO
 
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