ID - 4 Univ of Idaho Students Murdered - Bryan Kohberger Arrested - Moscow # 70

[Nila Aella]

Looking at the car movement in the PCA:

2:42-2:53 BK leaves from Pullman toward Moscow
3:26 BK sighted on Indian HIlls
3:29 In King Road neighborhood

Not in the PCA

2:45-3:15 White sedan going West on Taylor (why reported as a range?)

Did he drive West on Taylor before he was sighted West on Indian Hills? or
Not his car? Maybe the same white car spotted on Nez Perce Nov 13 behind the house?
Did we ever get a photo of the car going West on Taylor?

MOO

https://coi.isc.idaho.gov/docs/case/CR29-22-2805/122922%20Affidavit%20-%20Exhibit%20A%20-%20Statement%20of%20Brett-Payne.pdf

Idaho College Murders: Landlord Hands over Footage of White Car Spotted Night of Quadruple Stabbings

An Idaho landlord said he spotted a white car driving past his rental property on the night of the University of Idaho quadruple murders. Fox News reports that Moscow police contacted the owner of a property owner of a residence near the murder scene on November 14 and asked for security footage...

www.crimeonline.com

Mystery white car spotted near Idaho crime scene day after student killings

Freshly reviewed news footage taken near the home hours after four students were killed shows a white car driving by.

nypost.com

 

[Nila Aella]

Noise complaints at the house were called in by neighbors.
JMO

Bryan Kohberger case: Theory Idaho suspect was behind party house noise complaints debunked

Moscow, Idaho, police responded to noise complaints three times at the home where four University of Idaho students were later killed, but incident reports contain no evidence the prime suspect placed the calls as web sleuths have suggested.

www.q13fox.com

 

[CGray123]

Well, clearly, I picked a terrible night to fall asleep on the couch after dinner. Thank you to everyone to replied to my question about out of state attorneys. That was very helpful. As to XK's mother, that poor lady. I don't know how she is able to sit up right with all the burden she is carrying right now. I'm certainly not qualified to know whether AT followed all the rules or not, but it doesn't feel right in my "gut", and I can certainly understand why XK's mother would be distraught about the situation. "The lawyer the state gave me used to work the mother for someone I was supposed to have killed!" certainly sounds like it would be an eyebrow raiser at appeal time. MOOooo

You're right. There's no other way someone in CN's impossible position would feel. It's understandable that other members of the public feel uncomfortable with this, too.

It would be helpful if the Idaho PD could explain its decisions, but the essential details are client confidences in both BK's case and CN's. The PD staff just has to sit in the dock the media has unfairly created for them, and take the pummeling from an understandably distraught client and lawyers who should know better.

 

[GA_Peach]

It seems that AT represented the mother on at least two cases? And she was appointed to represent the mother only six days after the murders, at which time nothing would've been known about a/any suspect. imo. To me, it seems reasonable that the public defenders office could pull the only DP-qualified lawyer off of a drug possession charge to defend a suspect charged with multiple murders - it is the public defenders office, so shouldn't they use their resources (at the taxpayers' expense) however it is most appropriate? The last thing they'd want is to put an unqualified attorney on BK's case and have it fall apart in the end if claims arise of incompetence, creating a mistrial, or whatever? imo.

Taylor, who is chief of the Kootenai County Public Defender’s Office, was the attorney for [CN] in at least two cases, the outlet reported.

Most recently, she was defending [CN] after the mother was arrested and hit with drug possession charges on Nov. 19, six days after her daughter and three others were killed, allegedly by Taylor’s current client.

Brian Kohberger’s lawyer ‘betrayed’ mother of slain student Xana Kernodle: ‘I trusted her’

The lawyer defending accused killer Brian Kohberger once represented the mother of one of Kohberger’s alleged victims in a switch-up that left the grieving mom feeling betrayed.

nypost.com

It's not about pulling a PD off a drug case to represent someone who could face the death penalty. It's about the information that AT had available to her in the course of defending CN. Whether we want to acknowledge it or not, AT has information about Xana's home life at the time of the murder. Xana is a victim, and AT is currently the opposing counsel. The opposing counsel should not have any insider information, especially gained through AT's job as PD, about a victim. This unfairly favors the defense. Just as BK should be entitled to a fair trial, the victims and their families should have an uninhibited opportunity to secure a conviction. This COI jeopardizes that.

ETA - And the above doesn't even take into consideration that BK can claim that AT didn't represent his best interests because AT was sympathetic to CN and XK.

 

[ktm44]

If she was not available due to illness or other reason, then the Public Defenders Office would either bring someone in from elsewhere in Idaho, or contract with a private attorney who is death penalty qualified. There would be options for the Court.

It could aslo be said that if she were representing CN and became ill or found a new job, she would be provided new representation also. Correct?

 

[SRWCF]

If this is the result of issuing the gag order - it sounds like a chicken and egg situation, doesn't it?

I'm not sure I follow. My point was that since there is a gag order in place and no credible information is being released, social media and the media are treating the little bit of information that is coming out like it's breaking news.

 

[DizzyB]

<modsnip> the potential COI existed whether or not there was an interview. It’s not as if AB created it. I would rather attention be drawn to it now and it all be decided than it coming up in the middle of trial or in an appeal.

 

[SRWCF]

It's not about pulling a PD off a drug case to represent someone who could face the death penalty. It's about the information that AT had available to her in the course of defending CN. Whether we want to acknowledge it or not, AT has information about Xana's home life at the time of the murder. Xana is a victim, and AT is currently the opposing counsel. The opposing counsel should not have any insider information, especially gained through AT's job as PD, about a victim. This unfairly favors the defense. Just as BK should be entitled to a fair trial, the victims and their families should have an uninhibited opportunity to secure a conviction. This COI jeopardizes that.

I don't think we know anything about Xana's home life. Personally, I cannot think of a scenario where Xana's mom would be discussing intimate details about Xana with her court appointed attorney. What if Xana's mother was never a part of her daughter's life growing up? Then I think it would be a non-issue of AT representing BCK.

 

[technicallymissing]

But how is it possible that she is the ONLY "death penalty qualified attorney" in this region??

What if she gets ill or something?
Not that I wish her that, of course.

JMO

It’s really not as odd as it sounds. Idaho is sparsely populated, 11th largest of the states in square miles but 38th in population. They only have 8 inmates on death row currently out of about 2,500 for the entire USA.
According to the capital counsel roster on the Idaho Public Defense Commission website there are 2 other attorneys qualified in the region- but only as co-counsel. AT is the only one in that part of Idaho (which is really not all that large population wise) able to lead counsel for a trial where the death penalty is on the table.
This is from 2010, but apparently California also has a lack of DP qualified attorneys. (California has 690 currently on death row FWIW.)

 

[Tealgrove]

The optics of this issue are terrible. They just are and there’s no way around that.

I’d be interested in knowing if AT disclosed that she is/was representing the mother of one of the victims when she was assigned.

It’ll be very interesting to see how this resolves or doesn’t. I would hate for this to be grounds for an appeal.

MOO

 

[SRWCF]

<modsnip> the potential COI existed whether or not there was an interview. It’s not as if AB created it. I would rather attention be drawn to it now and it all be decided than it coming up in the middle of trial or in an appeal.

I'm baffled that people even think there is a conflict of interest. Does everyone really believe that Idaho law was not followed and that the prosecution is doing whatever they want? Seems to me the only people up in arms over this is the public and those in the media. Where are BCK's parents and siblings on this? If there truly is a conflict of interest (I don't think there is), then they are the ones that should be upset and demanding a change in attorneys for their son. MOO.

 

[CGray123]

I wonder to as POAs are often misunderstood. It’s not as it broad legal authority can be granted to another person to act on all matters on one’s behalf. That’s true, Living Wills are indeed heath related but are primarily associated with end of life care.

But it appears the POA is not the whole story. According to this AT was initially assigned by the public defenders office, perhaps rehab was forseen to mitigate sentencing? Regardless, as it’s indicated to be unrelated to the murders IMO it could be argued there’s no COI, however the possibility does make for good media sensationalism without disclosing the actual situation.

“The parent previously was sentenced on unrelated misdemeanor charges. In that case, as well as another where the parent faces two felony charges, the public defender’s office withdrew in favor of a local criminal defense attorney unrelated to Taylor or the county’s public defender’s office.”

Read more at: https://www.idahostatesman.com/news/local/crime/article271507917.html#storylink=cpy

It seems likely that the PD worked out a plea agreement in the previous case that reduced the charge from felony to misdemeanor, with little if any jail time in exchange for successful completion of probation, including a rehabilitation program.

<modsnip: off limits>

The recent arrest took place the day after her daughter was murdered. If I were the prosecutor, I would hope to show compassion and understanding. If I were defending, that's the pitch I would make in negotiations.

MOO (not an attorney).

 

[technicallymissing]

I’d be interested in knowing if AT disclosed that she is/was representing the mother of one of the victims when she was assigned.

(snipped)

Maybe she knew, disclosed and got the OK to proceed quickly. But I really think it’s not only possible, but very likely that AT wasn’t aware that Xana was CN’s daughter until after she was assigned (or assigned herself, be as it may- kind of a moot point being the only qualified attorney) BK’s case.

If it comes out differently I will be a little surprised because it does seem like it would have been safer to bring in a lawyer from another region… time will tell. I agree with you the optics are not good at all.

 

[ExpectingUnicorns]

I'm not sure I follow. My point was that since there is a gag order in place and no credible information is being released, social media and the media are treating the little bit of information that is coming out like it's breaking news.

Judge Marshall amended her original gag order to ensure a fair trial:
"To preserve the right to a fair trial some curtailment of the dissemination of information in this case is necessary and authorized under the law.l Therefore, based upon the stipulation of the parties and with good cause,
IT IS HEREBY ORDERED: . . ." RBBM

So basically she tried to lessen the information and rumors surrounding this case by ordering even less information be released which causes even more rumors and confusion. Which causes which? We are running in circles. Like the chicken and egg situation. MOO

 

[Montecore1]

Yes, definitely Boise (Ada County). I live there, so if the venue changes, I hope to attend some of the hearing in person if it's not televised.

^^ I would assume Boise as well...

I think it's very possible no connection between CN and XK was made early on. And while it would be "cleaner" had the last assignment to CN not been made, I'm not sure CN would feel much better. I got the feeling the majority of interactions with the attorney preceded the latest case anyway. So her feeling of broken trust might very well be the same. And IF there's no actual factual legal conflict, then the latest assignment and reassignment doesn't matter in that sense.
JMO

^^ I may be misunderstanding your comment if I am, please forgive me, but IMO the pending case against CN and her arrest was 6 days after the murders, with at least a couple of court hearings between 11/19 and 01/05 and AT would have had to meet with CN. IMO there is no way that the murders didn't come up in the conversation between CN and AT. AT would have certainly known the connection between CN/XK/BCK when assigned the BCK case. (Keeping up with all these initials is making my brain mush)

My understanding is that it has more to do with the fact that AT is one of the only attorneys in Idaho that is certified to work a death penalty case. There are a few others, but there are issues with distance.

^^ How about if the court is changed to Boise? Would a new DA be assigned thats in that area?

I think the media (and social media especially) is behaving like this is a BOMB SHELL discovery and that the attorneys involved (both the prosecution and defense) are trying to pull a fast one.

^^ Agreed, there is nothing else for them to exploit till late June...

In my own opinion, (with no legal knowledge), I think that if a change of venue could be reasonable for Bryan's defense due to publicity, then another lawyer with no previous entanglements could be brought in from another part of Idaho.

^^ I would think that a Change of Venue would be 100% and the courts would know that is coming. I would also think the CoV would come sooner rather than later due to AT beginning the Discovery phase, if a new "DP southern Idaho" DA was to take over they need to be in the know asap.

 

[CGray123]

It's not about pulling a PD off a drug case to represent someone who could face the death penalty. It's about the information that AT had available to her in the course of defending CN. Whether we want to acknowledge it or not, AT has information about Xana's home life at the time of the murder. Xana is a victim, and AT is currently the opposing counsel. The opposing counsel should not have any insider information, especially gained through AT's job as PD, about a victim. This unfairly favors the defense. Just as BK should be entitled to a fair trial, the victims and their families should have an uninhibited opportunity to secure a conviction. This COI jeopardizes that.

Respectfully - neither the victims nor their families are parties to the criminal case against BK. The case is brought solely by the prosecutor, in the name of the people of the state of Idaho. No doubt the families want a criminal conviction, but they don't have a right to seek it.

Of course, the families have rights as victims of crime - to be informed, and to be heard in any sentencing, for example - but unless they have evidence relevant to BK's guilt or innocence they have no role to play in the process that may lead to his conviction of these crimes.

It's hard to imagine what evidence they would have, that is relevant to BK's guilt or innocence - but maybe my imagination is too limited. What could CN have said to AT during her consultation, that would be relevant to BK's guilt or innocence of the murder charge, and that would give him an unfair advantage?

 

[NCWatcher]

^^ I would assume Boise as well...

^^ I may be misunderstanding your comment if I am, please forgive me, but IMO the pending case against CN and her arrest was 6 days after the murders, with at least a couple of court hearings between 11/19 and 01/05 and AT would have had to meet with CN. IMO there is no way that the murders didn't come up in the conversation between CN and AT. AT would have certainly known the connection between CN/X/BCK when assigned the BCK case. (Keeping up with all these initials is killing me)

^^ How about if the court is changed to Boise? Would a new DA be assigned thats in that area?

^^ Agreed, there is nothing else for them to exploit till late June...

^^ I would think that a Change of Venue would be 100% and the courts would know that is coming. I would also think the CoV would come sooner rather than later due to AT beginning the Discovery phase, if a new "DP southern Idaho" DA was to take over they need to be in the know asap.

You did misunderstand my response to another post. For a conversation about the murders to have happened between CN and AT her attorney, AT had to already BE her attorney. The context of the other post was that when AT was assigned to CN after the Nov arrest for the Aug crime, there may not have be an awareness she was XK's mother. So the idea that AT should not have been assigned to CN in Nov because if/when someone was arrested for the murder he/she might be indigent and he/she would need AT's services really could not be anticipated if, when AT was assigned in the Nov, it wasn't known CN & XK had a relationship. Of course, the murder likely would have been discussed since the assignment was made-- although we don't really know when CN saw AT except not recently. (Per her interview on AB)
JMO

 

[Dotta]

It’s really not as odd as it sounds. Idaho is sparsely populated, 11th largest of the states in square miles but 38th in population. They only have 8 inmates on death row currently out of about 2,500 for the entire USA.
According to the capital counsel roster on the Idaho Public Defense Commission website there are 2 other attorneys qualified in the region- but only as co-counsel. AT is the only one in that part of Idaho (which is really not all that large population wise) to lead counsel for a trial where DP is on the table.
This is from 2010, but apparently California also has a lack of DP qualified attorneys. (California has 690 currently on death row FWIW.)

I see.
But, IMO, if this state has death penalty, it might be wise to educate more lawyers in this speciality.

You know - as in the saying:

"We love peace
But are preparing for a war".

Just in case

JMO

 

[PrairieWind]

I see.
But, IMO, if this state has death penalty, it might be wise to educate more lawyers in this speciality.

You know - as in the saying:

"We love peace
But are preparing for a war".

Just in case

JMO

It isn't really about education, but about experience.

 

[PrairieWind]

^^ I would assume Boise as well...

^^ I may be misunderstanding your comment if I am, please forgive me, but IMO the pending case against CN and her arrest was 6 days after the murders, with at least a couple of court hearings between 11/19 and 01/05 and AT would have had to meet with CN. IMO there is no way that the murders didn't come up in the conversation between CN and AT. AT would have certainly known the connection between CN/XK/BCK when assigned the BCK case. (Keeping up with all these initials is making my brain mush)

^^ How about if the court is changed to Boise? Would a new DA be assigned thats in that area?

^^ Agreed, there is nothing else for them to exploit till late June...

^^ I would think that a Change of Venue would be 100% and the courts would know that is coming. I would also think the CoV would come sooner rather than later due to AT beginning the Discovery phase, if a new "DP southern Idaho" DA was to take over they need to be in the know asap.

If there is a change of venue, the same District Attorney still handles the case. The murder occurred in his county. Change of venue would only affect where the trial is physically held and more importantly where the jury pool is pulled from.