ID - 4 Univ of Idaho Students Murdered - Bryan Kohberger Arrested - Moscow # 71

[jepop]

TITLE 18
CRIMES AND PUNISHMENTS
CHAPTER 79
MALICIOUS HARASSMENT
18-7906. Stalking in the second degree. (1) A person commits the crime of stalking in the second degree if the person knowingly and maliciously:
(a) Engages in a course of conduct that seriously alarms, annoys or harasses the victim and is such as would cause a reasonable person substantial emotional distress; or
(b) Engages in a course of conduct such as would cause a reasonable person to be in fear of death or physical injury, or in fear of the death or physical injury of a family or household member.
(2) As used in this section:
(a) "Course of conduct" means repeated acts of nonconsensual contact involving the victim or a family or household member of the victim, provided however, that constitutionally protected activity is not included within the meaning of this definition.
(b) "Family or household member" means:
(i) A spouse or former spouse of the victim, a person who has a child in common with the victim regardless of whether they have been married, a person with whom the victim is cohabiting whether or not they have married or have held themselves out to be husband or wife, and persons related to the victim by blood, adoption or marriage; or
(ii) A person with whom the victim is or has been in a dating relationship, as defined in section 39-6303, Idaho Code; or
(iii) A person living in the same residence as the victim.
(c) "Nonconsensual contact" means any contact with the victim that is initiated or continued without the victim’s consent, that is beyond the scope of the consent provided by the victim, or that is in disregard of the victim’s expressed desire that the contact be avoided or discontinued. "Nonconsensual contact" includes, but is not limited to:
(i) Following the victim or maintaining surveillance, including by electronic means, on the victim;
(ii) Contacting the victim in a public place or on private property;
(iii) Appearing at the workplace or residence of the victim;
(iv) Entering onto or remaining on property owned, leased or occupied by the victim;
(v) Contacting the victim by telephone or causing the victim’s telephone to ring repeatedly or continuously regardless of whether a conversation ensues;
(vi) Sending mail or electronic communications to the victim; or
(vii) Placing an object on, or delivering an object to, property owned, leased or occupied by the victim.
(d) "Victim" means a person who is the target of a course of conduct.
(3) Stalking in the second degree is punishable by imprisonment in the county jail for not more than one (1) year or by a fine of not more than one thousand dollars ($1,000), or by both such fine and imprisonment.
History:
[18-7906, added 2004, ch. 337, sec. 4, p. 1009.]

(there is another statute that defines Stalking in the First Degree which is a felony but it requires violation of a restraining order or prior conviction, etc. You can look it up but I do not think, knowing what we know, it would apply...)

Thanks for your effort. Good information to consider.

 

[Sundog]

<snipped>I wonder when they mirandized him?

From listening to this interview with his PA attorney who represented BK during his extradition hearings, it sounds like BK spoke to LE for between 5 to 15 minutes after he was mirandized but before he invoked his right to an attorney.

I assume his conversation was recorded in some way and provided to the prosecution in Idaho.

 

[maskedwoman]

Framed for Murder By His Own DNA | FRONTLINE

We leave traces of our genetic material everywhere, even on things we’ve never touched. That got Lukis Anderson charged with a brutal crime he didn’t commit.

www.pbs.org

Framed By Your Own Cells: How DNA Evidence Imprisons The Innocent

Tiny amounts of touch-transferred DNA have placed people at locations they had never visited and implicated people for crimes they did not commit.

www.forbes.com

It'll be interesting to see how rare this is though as I suspect it's very rare. I haven't found any numbers on it. MOO.

That is very interesting, thanks!

I've also been wondering whether there were any statistics on how many people have been successfully framed in the modern age by anything other than prosecutorial or police misconduct. Of course, I guess if it was a successful frameup, we still wouldn't know about it. I googled but it was going to be a long, hard slog to get past historical frameups by governments. Whoof. Guess I'll never know.

 

[maskedwoman]

Officer Payne reports in the PCA that he first saw Xana in her bedroom, then Ethan in the room. Wouldn't he have mentioned seeing Ethan first if he was near the bedroom door?

In the Jeffrey MacDonald case, they were able to tell the order of events by the location of blood stains, even back then. The location and type of blood evidence could have told them that the attack on E started in the doorway, for example. No idea if what Banfield reported was accurate, but it is amazing what they can do with forensics.

Of course, it's also possible something inaccurate was fed to a suspected leaker to catch them, but I'm more of an Occam's Razor kind of person myself.

 

[Cool Cats]

Miranda rights are read when one is in custody. Pretty sure that's the basic requirement.

Miranda Rights for Criminal Suspects Under the Law

Read about the Miranda rights, such as the right to an attorney and the right to remain silent, as well as the limits on when they apply.

www.justia.com

Miranda rights are read:

1.) When a person is arrested.
2.) When a person is taken into Custody and not allowed to leave - this is also called being Detained.

Miranda Rights are not read:

When people are being questioned but are free to go.

Police Custody Laws

Have you or a loved one just been taken into custody by police? Lear if the action was lawful or not by checking this article. Click for more info.

www.legalmatch.com

Arrest vs. Detention: How to Tell Whether You've Been Arrested or Detained

In general, if a reasonable person in the suspect’s shoes wouldn’t feel free to leave an encounter with the police, then there’s been either a detention or an

www.nolo.com

 

[steeltowngirl]

That is very interesting, thanks!

I've also been wondering whether there were any statistics on how many people have been successfully framed in the modern age by anything other than prosecutorial or police misconduct. Of course, I guess if it was a successful frameup, we still wouldn't know about it. I googled but it was going to be a long, hard slog to get past historical frameups by governments. Whoof. Guess I'll never know.

Here’s one, and it was a good miniseries too. The Thing About Pam

Russ Faria, Framed for Murdering His Wife, on Killer Pam Hupp: 'She Thought I Was an Easy Mark'

The true crime saga of Pam Hupp, who murdered one person and is accused of killing another, is the subject of the NBC miniseries <em>The Thing About Pam</em>

people.com

 

[bvgraham]

Officer Payne reports in the PCA that he first saw Xana in her bedroom, then Ethan in the room. Wouldn't he have mentioned seeing Ethan first if he was near the bedroom door?

I've thought about how this new report of Ethan being killed near the door could fit in with the PCA info of Xana being the one found at the door. It could be that Ethan was attacked and fatally stabbed or slashed near the door, losing a large amount of blood in that area, and then moved further into the room before dying. Reports says that Xana may have been attacked last, and she was found decessed just inside her bedroom door according to the PCA. But if they found a large area of blood near the door or just outside the door, and it tested to be Ethan's blood, that could indicate he was fatally attacked at the door.

 

[vike16]

One thing I haven't yet figured out: How did BK get access inside the house? Before it was commonly thought that it was a party house but I can't envision how BK would ever have gotten the code. Was the code common knowledge and he got it through someone who knew it? I can't imagine giving out someone's code to someone who doesn't need to have it.

 

[iamshadow21]

One thing I haven't yet figured out: How did BK get access inside the house? Before it was commonly thought that it was a party house but I can't envision how BK would ever have gotten the code. Was the code common knowledge and he got it through someone who knew it? I can't imagine giving out someone's code to someone who doesn't need to have it.

The code was only for the front door. The back door off the kitchen on the middle floor was a sliding glass door, which has been discussed in great detail on the threads since sliding doors are notoriously easy to gain access to without any specialised equipment. Also debated was whether the housemates might have left a door or window unsecured.

Another possibility is that since he was probably surveilling the house, he might have been watching them enter the code from a distance and worked out the pattern, probably with a zoom lens or binoculars.

 

[BeginnerSleuther]

Except according to the PCA, his phone suddenly pinged on a tower south of Moscow at 4:48 a.m.near Blaine, Idaho and continued to ping at various towers for the next 45 min such as Genessee, ID, Uniontown, ID, and then back at Pullman. The Pullman ping coincided with cameras showing the white sedan coming back onto WSU campus. So, he can't claim that his phone was home all night.

No, I said HAD he left his phone at home that night, he'd be in better shape.

 

[rcvela001]

A tower ping did not USED TO show actual distance... just that it pinged Tower 1 for example. So pinging on Tower 2 only shows the intersection as an ARC itself... not a pinpoint spot. And most of these rural areas are only serviced by 1 cell phone tower, so not even an ARC there.

Ok, that is the way it USED to be, <modsnip>.

Has anyone made a ven diagram of cell pings? I'd be curious to see it.

 

[BeginnerSleuther]

Except, Supreme Court changed that last summer:
https://www.npr.org/2022/07/03/1109...nt-be-sued-for-not-reading-out-miranda-rights

Not really. According to the article, the Supreme Court ruled on a civil suit toward the officer him/herself, not on the legality of not reading Miranda rights at time of arrest. JMO

 

[BeginnerSleuther]

That is very interesting, thanks!

I've also been wondering whether there were any statistics on how many people have been successfully framed in the modern age by anything other than prosecutorial or police misconduct. Of course, I guess if it was a successful frameup, we still wouldn't know about it. I googled but it was going to be a long, hard slog to get past historical frameups by governments. Whoof. Guess I'll never know.

I think it happens a lot, though usually among crime associates or couples (DV situations). MOO.

 

[I'm Nobody]

One thing I haven't yet figured out: How did BK get access inside the house? Before it was commonly thought that it was a party house but I can't envision how BK would ever have gotten the code. Was the code common knowledge and he got it through someone who knew it? I can't imagine giving out someone's code to someone who doesn't need to have it.

WOWed your post bc "one thing " you haven't figured out. There is not one thing I have figured out for sure in this case.

 

[MassGuy]

University of Idaho victim Xana Kernodle 'fought back' against killer

Kaylee Goncalves, 21, and Madison Mogen, 21 were killed first before the killer, alleged to be Bryan Kohberger, killed Kernodle and Ethan Chapin, 20.

www.dailymail.co.uk

University of Idaho victim Xana Kernodle is said to have fought back against her attacker and repeatedly grabbed the knife after her friends were stabbed to death, sources claim.


Kaylee Goncalves, 21, and Madison Mogen, 21, who were found in the same bed on November 13, were killed first before the killer, alleged to be Bryan Kohberger, brutally murdered Kernodle, 20, and her boyfriend Ethan Chapin, 20.

Sources told News Nation that Kernodle's fingers were nearly severed off from grabbing the knife and repeatedly fighting back.

The source's information matches what Kernodle's father Jeffrey Kernodle revealed in November.

Jeffrey Kernodle told CBS 5 that autopsy reports showed that his daughter's skin showed 'bruises, torn by the knife.'

 

[MassGuy]

Original article:

Sources: Idaho victim who was killed last fought back

Certain details conflict with what the coroner in the case, and police, initially said.

www.newsnationnow.com

 

[MassGuy]

If true, Ethan and Xana fought like hell. They never stood a chance though, nor did the other victims.

 

[Bogbacal2]

This story is just all the way around a tragedy. I hate to even comment on the news nation story because that info should have never made it into the news, real or false. However, after hearing the report of Ethan being found in/ near the doorway and Xana putting up a fight, the story coincides with what I and many have thought. BK did have a specific target in mind. Enters the room and is surprised by both girls being in the room. Has to kill them both. Ethan and Xana hear something upstairs ( DM saying she hears someone say @someone’s here”) Ethan is going to check things out, encounters BK and Ethan is killed, (the thud possibly heard on neighbors camera Ethan falling to floor?)
BK tells Xana (DM states she hears a male voice say something like @its ok, I’m going to help you”) hoping to quiet her until he could get close enough to attack.
All makes sense- but what’s baffling to me is if Xana put up such a fight, and I hope she did, I would think that she would have made a hell of a lot of noise-enough that the roommates downstairs certainly would have hear the commotion, which is the one thing that I am still baffled by, there had to be some loud noise/thuds heard from the first floor. because I do believe Xana was awake and Ethan was awake or she woke him because she heard someone/something.
My apologies for rambling and for the terrible grammatical errors but had to get this off of my mind before I try to sleep!

 

[MsBetsy]

I agree, LaBar could be referring to BK having forgotten if he asked LE if someone else was arrested. But LaBar also says that BK spoke to LE after his arrest for about 5 to 15 minutes before invoking his Miranda rights, and BK told LaBar that he doesn't remember what he said during that time. So it seems that BK claims to have forgotten everything he said to LE during that time frame.

Yes, LE never revealed what BK said after his arrest. IIRC it was an un-named source that claimed he asked if anybody else had been arrested.

It was also reported that when he was asked if he had heard of the murders he said he had and that he lived only 10 minutes away.

If true, I'm guessing it was then that he asked for an attorney. I doubt he would have said anything to incriminate himself.

 

[vike16]

Also, what I don't get is why X and E didn't try to alert D and B. Or was their last act to save their lives by not alerting the murderer that the rooommates were there? It makes perfect sense to me that if X encountered BK in the common areas that she would run for E to protect her as the only guy in the home and so unfortunately sealed E's death warrant. You'd think that X would be screaming at the top of her lungs if she could but all D heard was whimpering? And I know if I was getting cut and pain like that I would be howling in agony. Did the murderer (presumably BK) injure both fast enough that all they could do was whimper at the end?