4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, 2022 #77

[Cool Cats]

Yep, @Beginnersleuth. Looks that way to me. Motion to Quash the subpoena has same number as Funke's lawyer Kelli Viloria's transaction on the same date. The other lawyer, Grosenick is a public defender. It looks like Funke is fighting being called. Wonder if they tried asking Bethany nicely first? Prob just a formality.
JMO

1 JUDG - Judge BRESLOW, BARRY L.
2 ATTY - Attorney Grosenick, Esq., Evelyn
3 DEFT - Defendant KOHBERGER, BRYAN C.
4 INST - Interested Party FUNKE, BETHANY GRACE
5 PLTF - Plaintiff THE STATE OF IDAHO,
6 ATTY - Attorney Viloria, Esq., Kelli A.

1. 2405 - Mtn to Quash... 04/21/2023 Extra Text: MOTION TO QUASH FOREIGN SUBPOENA - Transaction 9627569 - Approved By: CSULEZIC : 04-21-2023:15:31:40
2. 2520 - Notice of Appearance 04/21/2023 Extra Text: KELLI ANNE VILORIA ESQ. - Transaction 9627569 - Approved By: CSULEZIC : 04-21-2023:15:31:40
3. NEF - Proof of Electronic Service 04/21/2023 Extra Text: Transaction 9627607 - Approved By: NOREVIEW : 04-21-2023:15:32:13
4. 1639 - **Document Issued by the Court 04/11/2023 Extra Text: Transaction 9606168 - Approved By: SACORDAG : 04-11-2023:12:17:03
5. NEF - Proof of Electronic Service 04/11/2023 Extra Text: Transaction 9606264 - Approved By: NOREVIEW : 04-11-2023:12:17:36
6. 3870 - Request 04/03/2023 Extra Text: REQUEST FOR FOREIGN SUBPOENA – OUT OF STATE COMMISSION - Transaction 9592185 - Approved By: CSULEZIC : 04-04-2023:08:26:11

Very interesting.

What I want to know is who is serving the subpoena on her?

Prosecutors or defense?

 

[Shamrock1]

"Extra Text: MOTION TO QUASH FOREIGN SUBPOENA - Transaction 9627569 - Approved By: CSULEZIC : 04-21-2023:15:31:40"

Does that mean she's fighting it?

There are many reasons a non-party witness would move to quash. It’s probably not a flat-out “I refuse to testify” but rather an issue with the scope, a housekeeping matter like scheduling/location, a procedural issue (not that uncommon when there are two states), or a combination. JMO - I don’t know who subpoenaed her and who filed MTQ.

 

[wary]

Wow! This is news. Good job finding this! Wonder what she knows? Saw?

My first guess is, and it’s hinted at in the PCA, is that there were texts being sent between DM and BF, in the 4:00 am hour. Maybe something like: “Did you hear those weird noises?” “Yeah—what’s going on?” “No idea, everything’s quiet now. Who was that guy who just left—he creeped me out?” “I dunno. At least he’s gone now. Want to talk to them in the morning about being quieter?”

This conversation is, of course, 100% speculative. But it’d be relevant, I think, and either desirable or downright necessary to bring in as witnesses the people who sent the texts.

The affidavit, page 6 of 19 implies that BF and DM were, in fact, communicating by phone, between 4:00 and 4:25.

“The combination of D.M.'s statements to law enforcement, reviews of forensic downloads of records from B.F. and D.M.'s phone, and video of a suspect video as described below leads investigators to believe the homicides occurred between 4:00 a.m. and 4:25 am.”

 

[TeaTime]

ID has no jurisdiction over BF, therefore, Motion to Quash. Just a guess.

 

[Deleted member 718]

Thank @gliving for finding the official Nevada subpoena filing. HUGE Thanks G. for telling me to post it.
The official Nevada, Washoe court info subpoena for Bethany Funke as a material witness in the Kohberger case.

https://www.washoecourts.com/Query/CaseInformation/CV23-00566

No worries. Just wanted to have a good link to BF's subpoena.

I'm not surprised she's being requested as a material witness. We've seen the Idaho search warrants listing her name. Is it surprising that her attorney filed to quash the subpoena? @PrairieWind tia

 

[katydid23]

I learned yesterday about the pathway to violence from Special Agent Grusing. Intend, plan, acquire, implement.

I wonder how these steps might apply to and inform BK.

Intend. Form the thought. I'm going to guess the thoughts began in high school. Maybe a generic intent.

Plan. When did that happen? Did he stalk regularly? Fantasize often?

One thing I have wondered about was when his older sister was acting in the murder mystery movie, and he was a young child. I wondered if he maybe got to go see some of the rehearsals or the filming because it was a cheap indie film.

That is the kind of thing that can really set the seeds of fantasy in a child's mind, seeing violent scenes acted out before their eyes, especially if they see their sister being a part in it.

I would imagine they had a copy of the film and he may have watched it many times.

Was his fantasy less about sex and more about domination? Conquer. Did he stalk via dating apps? Did he strike up online relationships in random areas? Multiple online-personalities disorder... did he meet one of the roommates that way? Maybe not in person but some contact? Then he stalked and sleuthed his way to an address? Or did he stop at the Greek restaurant? Awkward encounter with a waitress? Followed her home?

Acquire. When did he acquire the sheathed knife? What else? Extra running clothes, slim fit, black? Miner's light? Nitrile gloves? Face mask...

Implement. Why this night? Why not the previous eleven times? Had he been in the house before? Why not then?

Has it been verified that he had his meeting with superiors about his TA job needing improvement, on November 12th?

[Never mind----it was Nov 2nd]

Murder, months in the making? Weeks? Years?

If only he'd stayed in the academic lane, studying criminal behavior and the minds of murderers instead of diving in.

JMO

 

[Helechawagirl]

I agree that it’s probably the text messages ; however if the car was parked where the skid marks were found, she would have been able to see the car. I don’t think she did based on the big clue coming from the gas station employee. My guess is her info corroborates the timeframe. JMO

 

[Helechawagirl]

One thing I have wondered about was when his older sister was acting in the murder mystery movie, and he was a young child. I wondered if he maybe got to go see some of the rehearsals or the filming because it was a cheap indie film.

That is the kind of thing that can really set the seeds of fantasy in a child's mind, seeing violent scenes acted out before their eyes, especially if they see their sister being a part in it.

I would imagine they had a copy of the film and he may have watched it many times.



Has it been verified that he had his meeting with superiors about his TA job needing improvement, on November 12th?

No that Nov 12 date was a typo; it was Nov. 2.

 

[katydid23]

Sources: Bryan Kohberger made sexist remarks toward women

The sources, who wished to remain anonymous, said Kohberger talked down to female students and graded them unfairly.

www.newsnationnow.com

University of Idaho murder suspect Bryan Kohberger was known for his rampant sexism among those he worked with and had a reputation for grading female students harsher than men, multiple sources told NewsNation’s Chris Cuomo.

The 28-year-old, who is accused of killing four college students, was studying criminology at Washington State University (WSU) where sources said he often made chauvinistic and condescending remarks toward women.

Kohberger allegedly told female colleagues that men were going to take their jobs because women aren’t as smart, according to someone associated with him at WSU.

Source: Surviving Idaho roommate thought noise was partying
“Mr. Kohberger, I am writing this letter to formally inform you of the termination of your teaching assistantship with the Department of Criminal Justice and Criminology effective December 31st, 2022,” the letter reads. “In keeping with the WSU graduate student handbook chapters 9G2 and 12E3, below is the list of events that led to you being deficient on the following contingency clause of your funding: “Maintaining satisfactory progress in fulfilling assistantship service requirements and duties.”

• On September 23rd, 2022, you had an altercation with the faculty you support as a TA, professor Snyder. I met with you on October 3rd to discuss norms of professional behavior.
• On October 21st, professor Snyder emailed you about the ways in which you had failed to meet your expectations as a TA thus far in the semester
• As a result, on November 2nd, Graduate Director Willits and I met with you to discuss an improvement plan, which you agreed to and I shared with you in an email dated November 3rd.
• We met again on December 7th, this time with professor Snyder as well as Dr. Willits and I, to discuss your progress on the improvement plan. While not perfect, we agreed that there was progress.
• On December 9th, there was another altercation with professor Snyder, in which it became apparent that you had not made progress regarding professionalism and about which I wrote to you on December 11th requesting a meeting.
• We met on December 19th when I informed you of your termination as a TA for spring semester.

 

[Helechawagirl]

There are many reasons a non-party witness would move to quash. It’s probably not a flat-out “I refuse to testify” but rather an issue with the scope, a housekeeping matter like scheduling/location, a procedural issue (not that uncommon when there are two states), or a combination. JMO - I don’t know who subpoenaed her and who filed MTQ.

IANAL but could it be that she doesn’t want to go back to Idaho and perhaps wants to offer a sworn statement? IDK if an atty would need to file a motion to quash for that. I am unaware if either student remained in school or if they went home, etc.I know Dylan went home after but don’t know if she came back.

 

[Shamrock1]

ID has no jurisdiction over BF, therefore, Motion to Quash. Just a guess.

There’s a specific process for securing the testimony of an out-of-state witness; that’s what ID is doing. It’s very common. MTQ could be based on a procedural deficiency that the subpoenaing party could then remedy.

 

[whiterhino]

My first guess is, and it’s hinted at in the PCA, is that there were texts being sent between DM and BF, in the 4:00 am hour. Maybe something like: “Did you hear those weird noises?” “Yeah—what’s going on?” “No idea, everything’s quiet now. Who was that guy who just left—he creeped me out?” “I dunno. At least he’s gone now. Want to talk to them in the morning about being quieter?”

This conversation is, of course, 100% speculative. But it’d be relevant, I think, and either desirable or downright necessary to bring in as witnesses the people who sent the texts.

The affidavit, page 6 of 19 implies that BF and DM were, in fact, communicating by phone, between 4:00 and 4:25.

“The combination of D.M.'s statements to law enforcement, reviews of forensic downloads of records from B.F. and D.M.'s phone, and video of a suspect video as described below leads investigators to believe the homicides occurred between 4:00 a.m. and 4:25 am.”

As you said, the affidavit indicates what B.F stated. I included some highlights:

https://int.nyt.com/data/documenttools/idaho-affidavit-redacted-3/cfe7c9947da66b8c/full.pdf

"D.M. and B.F. both made statements during interviews that indicated the occupants of the King Road Residence were at home by 2:00 a.m. and asleep or at least in their rooms by approximately 4:00 a.m."

"A review of records obtained from a forensic download of Kernodle's phone showed this could also have been Kernodle as her cellular phone indicated she was likely awake and using the TikTok app at approximately 4:12 a.m."

^BBM FWIW.

 

[BeginnerSleuther]

One thing I have wondered about was when his older sister was acting in the murder mystery movie, and he was a young child. I wondered if he maybe got to go see some of the rehearsals or the filming because it was a cheap indie film.

That is the kind of thing that can really set the seeds of fantasy in a child's mind, seeing violent scenes acted out before their eyes, especially if they see their sister being a part in it.

I would imagine they had a copy of the film and he may have watched it many times.



Has it been verified that he had his meeting with superiors about his TA job needing improvement, on November 12th?

[Never mind----it was Nov 2nd]

He was actually around 16, not a young child.

Sister of accused Idaho killer Bryan Kohberger starred in slasher horror flick

The sister of the suspected killer in the University of Idaho murders apparently starred in a low-budget slasher film years ago.

nbcmontana.com

 

[BeginnerSleuther]

IANAL but could it be that she doesn’t want to go back to Idaho and perhaps wants to offer a sworn statement? IDK if an atty would need to file a motion to quash for that. I am unaware if either student remained in school or if they went home, etc.I know Dylan went home after but don’t know if she came back.

I imagine the trauma would have been horrendous for both girls. I seriously doubt either returned to campus. They may have been given permission to complete their studies remotely, they may have transferred to another university, or they may have simply dropped out for now. JMO.

My first thought is that BF is too traumatized to return for the trial. I think, if the prosecution is calling her to the stand, they need to be certain they need her because the damage that can be done psychologically is pretty extreme. They already have her texts, if that's all they need her for. IMO, either they need her for more than just the texts (i.e. she saw or heard something we don't know about) or they'll let her be and the motion to quash will be approved.

 

[Sundog]

I imagine the trauma would have been horrendous for both girls. I seriously doubt either returned to campus. They may have been given permission to complete their studies remotely, they may have transferred to another university, or they may have simply dropped out for now. JMO.

My first thought is that BF is too traumatized to return for the trial. I think, if the prosecution is calling her to the stand, they need to be certain they need her because the damage that can be done psychologically is pretty extreme. They already have her texts, if that's all they need her for. IMO, either they need her for more than just the texts (i.e. she saw or heard something we don't know about) or they'll let her be and the motion to quash will be approved.

Is it possible that BF is being subpoenaed by the defense and not the prosecution? And if the summons is from the prosecution, then don't they have to have BF appear in person so that the defense has the right to ask questions about the texts? Just wondering about both.

 

[BeginnerSleuther]

Is it possible that BF is being subpoenaed by the defense and not the prosecution? And if the summons is from the prosecution, then don't they have to have BF appear in person so that the defense has the right to ask questions about the texts? Just wondering about both.

IANAL, but that occurred to me too.

 

[Boxer]

)

I imagine the trauma would have been horrendous for both girls. I seriously doubt either returned to campus. They may have been given permission to complete their studies remotely, they may have transferred to another university, or they may have simply dropped out for now. JMO.

My first thought is that BF is too traumatized to return for the trial. I think, if the prosecution is calling her to the stand, they need to be certain they need her because the damage that can be done psychologically is pretty extreme. They already have her texts, if that's all they need her for. IMO, either they need her for more than just the texts (i.e. she saw or heard something we don't know about) or they'll let her be and the motion to quash will be approved.

Given the negative speculation about DM, why would she want to expose herself to that.

 

[BeginnerSleuther]

Given the negative speculation about DM, why would she want to expose herself to that.

I don't think a lawyer would have filed a motion to quash based on that.

MOO. IANAL.

 

[I'm Nobody]

bummer DBM

 

[jepop]

Just trying to connect some dots. Is it possible for BF's material witness out-of-state subpoena to be either 1.the sealed order or 2. the notice listed on the case summary page near the end of March? Wouldn't that have to be signed by a judge?
3/24/23 Sealed Order & Redacted no name
3/28/23 Sealed Notice no name
OR maybe both?

https://coi.isc.idaho.gov/docs/case/CR29-22-2805/Summary/Case-Summary-Kohberger-041223.pdf

IDK, not sure, but a subpoena to appear is issued by the state or the defense. Not sure subpoenas would be listed like that on the Id court page. Although if the judge made some kind of order excusing a witness from subpeona that might be listed there? But with this I'm not sure we are there yet. The Motion to Quash is listed as being filed electronically on 21 April. MOO