4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, 2022 #78

[Sister Golden Hair]

There is a sealed WSU search warrant

https://coi.isc.idaho.gov/docs/case/CR29-22-2805/030723%20Order%20to%20Seal%20-%20Washington%20State%20University.pdf

I think the answer is in here: LPR Privacy Policy | Transportation Services | Washington State University

Use of Data​

The intended use of data collected by the LPR system is for parking activities and enforcement. LPR data is used to determine a vehicle’s parking permit permissions in a given parking area and support the issuance of a parking citation if needed. The data may be used by the WSU Police Department in assisting immediate or on-going safety concerns and conducting specific security investigations; and compulsory law enforcement investigations. Any use of the data for purposes outside of these stated purposes must be detailed and approved in writing through administrative channels by the Vice President of Finance and Administration.

​

 

[Nila Aella]

Yep, but that one came end of January and was at the same time as DropBox, Tinder, TikTok (IIRC). I have that info in an earlier thread. And at that point, it's hard to imagine why the warrant and affidavit would need to be sealed completely. I think anything required for BK's car would be much earlier.

Based upon the Motion to Seal Search Warrant and Related Documents filed herein,
the Court does hereby confirm and ORDER that the Affadavit for Search Warrant (including
any exhibits), Search Warrant, Return of Search Warrant (including the inventory of items
seized) and Order are confidential, exempt from disclosure and are SEALED pursuant to Idaho
Court Administrative Rule 32(g)(1) for the reasons stated in the said Motion...

Interfere with enforcement proceedings;
Deprive a person of a right to a fair trial or an impartial adjudication;
Constitute an unwarranted invasion of personal privacy,
Disclose the identity of a confidential source; and/or
Disclose investigative techniques and procedures.

Thank you. Now I wonder what they were after in late January? I read through it again and noticed there was a zoom hearing Feb 10 after which Judge Marshalls reasons changed to just right to a fair trial (signed 3/7/2023). Did you notice that before or was that added?
MOO
edit corrected date

 

[10ofRods]

I'm SPECULATING, and saying, maybe he ditched it at the Albertson's. They couldn't see what he purchased, if I remember correctly from the PCA. Maybe he hid it in that huge store....IMO

They didn't reveal what he purchased before the PCA was written. It's likely they now know what he purchased, given how Albertson's runs its cash register system, IMO.

He himself was seen on video in the aisles. If it's ever found in that medium sized (not huge - not Walmart sized; not Costco sized) store, and there's video of him being there Day Of crime, that would be huge.

IMO.

 

[10ofRods]

100%
Bars/Clubs open until 2AM. Library open until 2AM. Two apartment buildings right next to King Road. Parties. Parks.
24 hour gym. Events.

MOO

Library is open until 2 AM early on a Monday morning? Wow.

And lots of parties on a Sunday night? I guess that's how some university communities roll.

Small university towns I've lived in have had local ordinances about Sundays (Moscow is known to be way more conservative in these matters, IMO, than Pullman).

But sure, some hearty souls could stay up late for their own reasons on a school night. Appears that it did not improve BK's temperament vis-à-vis his students. It really is amazing he could keep such late hours and be...personable and well-prepared for his teaching duties (if he was, ever).

This is all speculation, and we're not going to know much until end of June.

IMO.

 

[10ofRods]

dbm

On a side note, jumping off your post, I have always wondered why we didn't see a search warrant from LE for the info on BK's vehicle registration for parking at WSU. Unless I missed it in the search warrants by LE in Pullman.

Seems to me that students at WSU would be very uncomfortable about their office of parking services giving informaton to Pullman LE without a search warrant. But maybe I'm missing something.

Where I teach, the university can use those parking permit scan data in any way they choose for internal security. It's one reason (they say) that they have the passes in the first place.

And the students are fine with it - they think it helps keep them safer. They sit on the committees who review this kind of thing. Students pass through universities so quickly (freshman year is not the best year for getting political active on campus - because it takes a couple of years just to figure out the bureaucracy). Few students question the USE of the parking data, they just want the permits to be CHEAPER.

Same is true of all the camera data collected by campus police. It's is broadly shared among faculty and staff if the police think there's a need.

IMO.

 

[10ofRods]

I would also think that if LE had BARD, they wouldn't have needed to call in two AGs for the case. Seems to me there's a lot more work ahead jmo

I believe Idaho law requires that each possible DP defendant have TWO lawyers. It's true in many states (ergo there are two attorneys for Letecia Stauch).

In Idaho, both attorneys must be DP qualified.

IIRC.

 

[Balthazar]

I believe Idaho law requires that each possible DP defendant have TWO lawyers. It's true in many states (ergo there are two attorneys for Letecia Stauch).

In Idaho, both attorneys must be DP qualified.

IIRC.

This is what I found on that:
"
Immediately following the imposition of the death penalty, the district judge who sentenced the defendant must appoint at least two attorneys to represent the defendant for the purpose of seeking any post-conviction remedy referred to in Idaho Code § 19-2719(4) that the defendant may choose to seek."

Idaho R. Crim. P. 44.2 - Casetext​

Casetext
https://casetext.com › ... › Title IX - General Provisions

 

[BeginnerSleuther]

This was discussed early on. The only 24 hour supermarket in the Pullman/ Moscow area is WinCo located in Moscow.

Thank you for confirming. I don't remember the discussion early on. So there were at least a few different places he could have been at 11:40 at night without stalking anyone.

 

[Cool Cats]

The defense has no defense against the FBI car specialist, unless they want to find their own car specialist, etc...

The FBI already identified the suspect car as being a 2011 - 2016 Hyundai Elantra, not a 2011 to 2013.

Upon further review, the FBI Forensic Examiner indicated it could be a 2011 - 2016 Hyundai Elantra.
As a result, investigators have been reviewing information on persons in possession of a vehicle that is a 2011 - 2016 White Hyundai Elantra.

The Forensic Examiner has approximately 35 years law enforcement experience with 12 years at the FBI. His specific training includes identifying unique characteristics of vehicles, and he uses a database that gives visual clues of vehicles across states to identify differences between vehicles

SEE PCA

 

[SpiderFalcon]

I vaguely recalled that MPD requested agencies to lookout for elantras, so I went back to the PCA to check if they mentioned years in that request:

On Nov 25th MPD requested law enforcement agencies to be on the look out for white elantras in the area.
No year given in the PCA description of that request.
Four days later a WSU PO queried white elantras at WSU and found a 2015.

While I was looking at the PCA again, I noticed something I missed before:

Suspect vehicle 1: Page 6
3:28 on Styner/95 no front plate
3:29 first sighting at 1122 King Road.
Styner/95 is 3 minutes from King Road??????

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

JMO

There is also this in the PCA:

 

[Sister Golden Hair]

Thank you. Now I wonder what they were after in late January? I read through it again and noticed there was a zoom hearing Feb 10 after which Judge Marshalls reasons changed to just right to a fair trial (signed 3/7/2023). Did you notice that before or was that added?
MOO
edit corrected date

I believe those warrants are linked. I'll see if I can find my original info.

Yes, I did notice. Judge Marshall sealed it the first time for all the reasons in the motion which cited the statute and then cited ICAR 32(i)(2) in the final. Those are two different things. Without knowing more, I would not want to assume anything more than just what is there. All we know is that there was a discussion and she kept it sealed for that reason.

Editing to add: I broke down the others for why they were sealed, and based on those that were fully sealed, there were more reasons. Because this one was for WSU, perhaps it didn't actually contain the personal/sensitive/risky information that the others did, but she still kept it sealed for fair trial. My curiosity wonders which of the attorneys wanted it unsealed -- that to me is the much more interesting piece. What do you think?

 

[10ofRods]

This is what I found on that:
"
Immediately following the imposition of the death penalty, the district judge who sentenced the defendant must appoint at least two attorneys to represent the defendant for the purpose of seeking any post-conviction remedy referred to in Idaho Code § 19-2719(4) that the defendant may choose to seek."

Idaho R. Crim. P. 44.2 - Casetext​

View attachment 419422
Casetext
https://casetext.com › ... › Title IX - General Provisions

Well, whether it's required or not at a criminal trial, it's still best practice and that's reason enough for the State to appoint two lawyers. This is way bigger than just one attorney can handle, IMO.

I do believe it's either by policy or by standard that DP defendants get two lawyers in Idaho, but I"m too tired to look it up. At any rate, he has two lawyers, I believe.

IMO.

 

[Cool Cats]

Thank you for confirming. I don't remember the discussion early on. So there were at least a few different places he could have been at 11:40 at night without stalking anyone.

Why do you think he could only do one or the other?

He is accused of killing 4 people then going shopping that same day.

He was perfectly capable of checking out the King Road house and then stopping elsewhere.

Is their proof he was stalking King Road just because he was in Moscow?

No.

Is there proof he did NOT stalk those victims, no. Defense can't prove that. The jury will be made aware of the fact that he was in Moscow many times and thus had the OPPORTUNITY to easily stalk the victim's home.

He was stopped on the intersection one would take to get to the King Rd. home. He knew how to get into the home, most likely he spied on the victims through their windows at night, back road is eye level with two 3rd floor bedrooms.

He was out when it was DARK. Dark is key. Can't be seen spying. No coincidence he was out 11 out of 12 times in the dark of night. Jurors will take all this into consideration. Murders were committed under cover of darkness.

2 Cents

 

[U.N. Known]

I'm late to the discussion about BK's citation in August, but want to add: IMO, a simple explanation of why he was where was that night may be as simple as exploration of a new area and/or being turned around in an unfamiliar area.

It may be more nefarious that that, but not necessarily. I'm a night owl and have explored areas in another country (not the smartest idea) and turned around.

 

[Boxer]

I'm late to the discussion about BK's citation in August, but want to add: IMO, a simple explanation of why he was where was that night may be as simple as exploration of a new area and/or being turned around in an unfamiliar area.

It may be more nefarious that that, but not necessarily. I'm a night owl and have explored areas in another country (not the smartest idea) and turned around.

MOO the traffic stop won't be the only data of his route that night.
There will be pings amd probably satellite location.
Given BKs penchant for speeding i would think he got stopped, warned and as a courtesy only ticketed for his seatbelt.

 

[BeginnerSleuther]

The defense has no defense against the FBI car specialist, unless they want to find their own car specialist, etc...

The FBI already identified the suspect car as being a 2011 - 2016 Hyundai Elantra, not a 2011 to 2013.

Upon further review, the FBI Forensic Examiner indicated it could be a 2011 - 2016 Hyundai Elantra.
As a result, investigators have been reviewing information on persons in possession of a vehicle that is a 2011 - 2016 White Hyundai Elantra.

The Forensic Examiner has approximately 35 years law enforcement experience with 12 years at the FBI. His specific training includes identifying unique characteristics of vehicles, and he uses a database that gives visual clues of vehicles across states to identify differences between vehicles

SEE PCA

The forensic examiner with 35 years law enforcement experience and 12 years at the FBI "nitially believed that Suspect Vehicle 1 was a 2011-2013 Hyundai Elantra" per the PCA. So I do think there's an argument to be made here about the inaccuracy, despite his experience. MOO

 

[Boxer]

The forensic examiner with 35 years law enforcement experience and 12 years at the FBI "nitially believed that Suspect Vehicle 1 was a 2011-2013 Hyundai Elantra" per the PCA. So I do think there's an argument to be made here about the inaccuracy, despite his experience. MOO

The police were aware that BK was a suspect by 11/29.
They issued the appeal for a 2011-13 Elantra on 12/7.
Sounds like they wanted to see
If they could get info without specifically targeting BK.

 

[BeginnerSleuther]

Why do you think he could only do one or the other?

Because our laws are designed with presumption of innocence of each individual charge, meaning that even if he did kill them, it doesn't mean he stalked them and even if he did stalk them, it doesn't mean he killed them. It also means that even if he did both, it doesn't mean he stalked them on this particular night. When there are at least 3 other plausible explanations for why he was in the area that night, I'm not going to jump to the conclusion that it must have been for nefarious reasons, especially as it has yet to be proven that he even knew of the existence of the house or the occupants by August 21st.

He is accused of killing 4 people then going shopping that same day.

He was perfectly capable of checking out the King Road house and then stopping elsewhere.

He was also capable of going to the grocery store, so why would I assume he must have been at the King Rd house instead of doing that very ordinary task?

Is their proof he was stalking King Road just because he was in Moscow?

No.

Is there proof he did NOT stalk those victims, no. Defense can't prove that.

The defense doesn't have to. Under our judicial system, the burden of proof lies on the prosecution. Can they prove it? Maybe. But we're not privy to that information yet, so I'm not going to assume it.

The jury will be made aware of the fact that he was in Moscow many times and thus had the OPPORTUNITY to easily stalk the victim's home.

I mean, everyone had the opportunity to. IMO, the stalking charge will be separated from the murder charge and proving that he was around and had "opportunity" will not get them a guilty verdict on that.

He was stopped on the intersection one would take to get to the King Rd. home.

He was stopped on the intersection by a Walmart, a 24-hr grocery store, and an ATM, all of which were much closer to him than the King Rd house.

MOO

 

[Cool Cats]

The forensic examiner with 35 years law enforcement experience and 12 years at the FBI "nitially believed that Suspect Vehicle 1 was a 2011-2013 Hyundai Elantra" per the PCA. So I do think there's an argument to be made here about the inaccuracy, despite his experience. MOO

According to the FBI expert BK's car fits the suspect vehicle on the video, which is all that matters.

What is on the video is permanently on the video and can't be changed into a different car.

The FBI expert can show the jury those video photos of the suspect car and explain how it matches Bryan's car. Pretty simple, it matches or it doesn't.

If BK's car did not match the suspect car I doubt his attorneys would wait 6 months for his preliminary hearing.

 

[10ofRods]

This is what I found on that:
"
Immediately following the imposition of the death penalty, the district judge who sentenced the defendant must appoint at least two attorneys to represent the defendant for the purpose of seeking any post-conviction remedy referred to in Idaho Code § 19-2719(4) that the defendant may choose to seek."

Idaho R. Crim. P. 44.2 - Casetext​

View attachment 419422
Casetext
https://casetext.com › ... › Title IX - General Provisions

Well, whether it's required or not at a criminal trial, it's still best practice and that's reason enough for the State to appoint two lawyers. This is way bigger than just one attorney can handle, IMO.

I do believe it's either by policy or by standard that DP defendants get two lawyers in Idaho, but I"m too tired to look it up. At any rate, he has two lawyers, I believe.

IMO.