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

[MassGuy]

(I’ve been reading the older threads as I’m somewhat new to the case. I saw the post you mean, and I kept doing a double take because it was posted before anyone knew BK’s name or anything about a sheath. It made me wonder if that person had inside info.)

Just solid logical reasoning. If they’re looking for a certain brand, it’s because they have to have the sheath. No other way to tell

 

[whiterhino]

It's not a letter he wrote. The article says that it's a letter he signed, not wrote. That's why I bolded "form letter." That's important. Form letters are pre-written and standardized, though we don't know what this particular one was standardized for (all resignations vs those that involved possible termination? We don't know). I also thought he was forced to resign initially, but I'm not so sure now, given his boss is quoted as saying about him: "a reliable employee for whom he couldn’t recall ever receiving a complaint."

That doesn't sound like an employee who was fired or forced to resign, especially for anything major. I think it's impossible to know for sure until we have more information, but that's my take. I'll also point out that the article states the only records held back were those dealing with a number of unreportable things, including non-criminal matters. So if there's some deep, dark secret here, I highly doubt it's anything illegal.

MOO.

Apologies! Of course I missed that detail and you even underlined it

It's easy to think that BK was asked to leave considering what we've learned of his apparent bad track record.

 

[NCWatcher]

It's not a letter he wrote. The article says that it's a letter he signed, not wrote. That's why I bolded "form letter." That's important. Form letters are pre-written and standardized, though we don't know what this particular one was standardized for (all resignations vs those that involved possible termination? We don't know). I also thought he was forced to resign initially, but I'm not so sure now, given his boss is quoted as saying about him: "a reliable employee for whom he couldn’t recall ever receiving a complaint."

That doesn't sound like an employee who was fired or forced to resign, especially for anything major. I think it's impossible to know for sure until we have more information, but that's my take. I'll also point out that the article states the only records held back were those dealing with a number of unreportable things, including non-criminal matters. So if there's some deep, dark secret here, I highly doubt it's anything illegal.

MOO.

Agree it's a form letter. I expect one reason the school system uses a letter like that is to prevent those who quit from trying to collect unemployment later on. But that's JMO.

 

[Nova]

Thank you for your thoughts, 10ofRods

First year of grad school I tutored as a TA. It was assigned to TA's by our professors. Maybe it just depends on the university. We never went to the student's homes. We sat with the person we were assigned in class and we would meet them at the Library or Student Union when preparing for tests. We didn't have the test questions for that class in advance of the test....

Given that UofI and WSU are both state institutions, I seriously doubt BK was paid by his uni to tutor in Idaho.* If he were, it would mean Washington taxpayers were footing the bill for an instructor in another state.

Parking and library reciprocity is one matter: neither books nor parking spaces are destroyed by use by out-of-state students. Paying the employee of one state to tutor students from and in another state is quite another, IMHO.

*Of course, it's conceivable--though in my view unlikely--that BK had a second job working as a private tutor in Moscow. That wouldn't require diversion of WA funds. However, I find it unlikely that he would have sold himself as an Idaho tutor so quickly. IME, the first quarter of a PhD program is deliberately a grind: I once went almost three weeks without sleeping.

 

[Nova]

Had anyone said what the interior house lighting conditions were at that hour? If I peeked out my bedroom door into a hallway that had no lights on at that hour, I’m not sure I could describe someone walking by me, and probably any clothing would appear dark. Were hallways lit to a degree from a distant light, like a nightlight in the hall, or perhaps someone left a kitchen light on that may have provided some sort of subtle light, or some other light source that may have provided some small glow?

Thank you! In discussions here, we sometimes seem to be assuming all the interior lights were on and the survivors had perfect sight in all directions.

 

[Nova]

Just solid logical reasoning. If they’re looking for a certain brand, it’s because they have to have the sheath. No other way to tell

I don't know about "logic", dude. I'm pretty good at it, but I lack the training and experience to say how knife wounds appear to a coroner. I don't even know what instruments are used for the purpose.

ETA just to be clear: I'm not contradicting you, @MassGuy; I'm just saying you should give yourself more credit for predicting the sheath!

 

[girlhasnoname]

Because he thought he was smarter than everyone else, but he wasn't.

Hah, yes. I love to say he's the smartest man in the room sitting in jail on no bond awaiting his PH. Not.

 

[girlhasnoname]

Thank you! In discussions here, we sometimes seem to be assuming all the interior lights were on and the survivors had perfect sight in all directions.

I've always thought there was minimal, ambient lighting. It was 4 am, most were asleep. There isn't going to runway blinding lights on IMO.

 

[NCWatcher]

<modsnip: Quoted post was removed>

... there can be all kinds of problems with DNA as evidence that don't include debunking the general scientific basis of DNA. We can't know what will happen at this point. But the seriousness of the crime isn't really relevant-- legally it's not going to be easier to get DNA admitted in a quadruple homicide case than in a single homicide case.
JMO

 

[Boxer]

Had anyone said what the interior house lighting conditions were at that hour? If I peeked out my bedroom door into a hallway that had no lights on at that hour, I’m not sure I could describe someone walking by me, and probably any clothing would appear dark. Were hallways lit to a degree from a distant light, like a nightlight in the hall, or perhaps someone left a kitchen light on that may have provided some sort of subtle light, or some other light source that may have provided some small glow?

There was a neon art sign in the living room.
He would face the neon sign just before walking by DMs room, maybe that's why he missed seeing her door open. His vision might have been temporarily reset for lighter conditions by the neon sign just prior to walking by.

 

[girlhasnoname]

There was a neon art sign in the living room.
He would face the neon sign just before walking by DMs room, maybe that's why he missed seeing her door open. His vision might have been temporarily reset for lighter conditions by the neon sign just prior to walking by.

Thanks for that bit, I didn't know that. Makes perfect sense as to why he may not have even noticed her.

 

[SpiderFalcon]

Thanks for that bit, I didn't know that. Makes perfect sense as to why he may not have even noticed her.

 

[SpiderFalcon]

Thanks for that bit, I didn't know that. Makes perfect sense as to why he may not have even noticed her.

 

[Wallendo]

There is evidence that XK was awake and using her phone around the presumed time of the attack. She also had just taken delivery of a food order. The two women upstairs were texting very shortly before the time of the attack. They may have all been awake with lights on. We have heard that someone says "There is someone in the house". That person could likely have turned on a light. It may have been dark. The house may have been well-lit.

I have always wondered if the bedrooms had self-locking doors. It seems, but is nor definitively documented, that the door to XK's bedroom was locked (If the room-mates were worried about her the next day, they surely would have tried opening the door). Possibly lights were on in the bedroom(s) but not the halls.

It will be interesting to find out at trial, we happened the next morning. Did the two survivors go about a routine Sunday morning turning lights on or off as needed under the assumptions that the others were just sleeping late? Did they tidy up the common area (or mess it up)? Did they unknowingly alter evidence?

And for the record, we have been told that the DNA on the sheath is a familial match to BK's father. We have no report that the DNA matches BK. It is extremely likely that it does. If it didn't, I would suspect his lawyers would be working hard to get him out of jail quickly.

 

[CGray123]

<modsnip: Quoted post was removed>

... there can be all kinds of problems with DNA as evidence that don't include debunking the general scientific basis of DNA. We can't know what will happen at this point. But the seriousness of the crime isn't really relevant-- legally it's not going to be easier to get DNA admitted in a quadruple homicide case than in a single homicide case.
JMO

@Wallendo has keenly observed that the PCA mentions only the comparison between the DNA found on trash recovered from BK's PA trash dump and the DNA on the sheath found at the murder scene. That comparison showed that the DNA on the trash was not excluded as the father of the person whose DNA was found on the sheath, and that 99.9998 of the male population would be expected to be excluded.

We have no information at all about how the DNA recovered from the knife sheath - or from BK after his arrest - was processed and analyzed, or even whether they match. @PrairieWind rightly reminds us that the admissibility and credibility of the expert DNA comparison testimony will almost certainly be challenged and we can't make definitive judgments about the effectiveness of that testimony. I suspect the expert will also be asked to address the issues mentioned here, like the possibility that touch DNA accounts for the evidence of the sheath. While we can speculate about the outcome of the challenges we really don't have the evidence yet for definitive opinions, and BK is still entitled to the benefit of the doubt in court.

I can only say that I have no reason to doubt that the Idaho State Lab employs competent people who correctly used scientifically tested and accepted techniques with established standards and procedures and with an error rate that is sufficiently low to be relied upon as evidence. I haven't closed my mind on that, but no one has produced MSM information or court decisions suggesting the ISL's performance is anything less than superb. What do we know about the ISL? Anyone?

 

[U.N. Known]

During the course of discussions since BK's arrest, I've seen multiple comments here and elsewhere declaring that if such-and-such is known, then BK's attorneys would use it to have him released from jail. Or posts determining that because the defense hasn't gone to the judge to have him released, such-and-such evidence demonstrates his guilt.

I am under the impression that judges don't simple order defendants released in such cases. The only thing I found during my, albeit limited, research is the possibility of the prosecutor offering a plea prior to the preliminary hearing OR release after the hearing.

To our lawyer friends: is it even possible for the defense to present exculpatory evidence directly to the judge prior to the preliminary? Even if that is possible, would the judge simple grant release?

 

[Deleted member 718]

A new court date for a motion hearing. @PrairieWind


Event Date and TimeMay 25, 2023 10:00 AM MDT
Event Status Scheduled
Event Type Motion Hearing
Event Location
Latah County Courthouse
522 S. Adams
Room Courtroom 1
Moscow, ID 83843
(208) 883-2255

https://vinelink.vineapps.com/person-detail/defendant/20851853;tabIndexToSelect=0

 

[Deleted member 718]

One of the last steps a prosecutor takes before trial is to respond to or file motions. A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins. The motion can affect the trial, courtroom, defendants, evidence, or testimony.

Only judges decide the outcome of motions.

Common pre-trial motions include:

• Motion to Dismiss – an attempt to get the judge to dismiss a charge or the case. This may be done if there is not enough evidence, if the alleged facts do not amount to a crime.
• Motion to Suppress – an attempt to keep certain statements or evidence from being introduced as evidence. For example, if police conducted a search without probable cause (in violation of the Fourth Amendment), it may be possible to suppress the evidence found as a result of that search.
• Motion for Change of Venue – may be made for various reasons including pre-trial publicity. If the local news has covered the case a great deal, it may be necessary to move the trial to another venue to protect the defendant’s right to an impartial jury.

Pre-Trial Motions

www.justice.gov

 

[Bogbacal2]

<modsnip: quoted post was removed> There's staged/framed crime in there, too, and if you want more examples, Innocence Project and Equal Justice Initiative have them. You just have to search. Within the list I provided, you'll find at least 5 examples of people framing others, and if you wanted more, they're out there imo. The list I provided is not just police or prosecutorial misconduct, but of course, that happens, too. I do not think it's valid to excuse some of those instances of police or prosecutorial misconduct since they do involved planting and staging in some cases, too.

While I do not believe BK was framed by LE, I do think that there was a singular focus on him since 11.29. Maybe that's for valid reasons, maybe IDK. What I do know is that there are a lot of questions, a lot of holes, and that when the focus narrows too much, we miss a lot. I thought I had this figured out until I saw the warrants/scopes/dates, and started following those trails. IMO the simple explanation may prove to be true, but IDTS jmo.

 

[CGray123]

One of the last steps a prosecutor takes before trial is to respond to or file motions. A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins. The motion can affect the trial, courtroom, defendants, evidence, or testimony.

Only judges decide the outcome of motions.

Common pre-trial motions include:

• Motion to Dismiss – an attempt to get the judge to dismiss a charge or the case. This may be done if there is not enough evidence, if the alleged facts do not amount to a crime.
• Motion to Suppress – an attempt to keep certain statements or evidence from being introduced as evidence. For example, if police conducted a search without probable cause (in violation of the Fourth Amendment), it may be possible to suppress the evidence found as a result of that search.
• Motion for Change of Venue – may be made for various reasons including pre-trial publicity. If the local news has covered the case a great deal, it may be necessary to move the trial to another venue to protect the defendant’s right to an impartial jury.

Pre-Trial Motions

www.justice.gov

If Idaho's judicial system works like my state's (and I think it does), the role of a magistrate judge in a felony case is limited to ruling on preliminary motions (like the gag order, or a motion to compel discovery) and determining probable cause after taking evidence in the PH. If MM determines there is probable cause she will bind the case over to the District Court where a judge from that division will rule on substantive and dispositive motions (e.g., motions to dismiss, suppress or in limine, motion for sanctions, and venue motions).

It seems to me that the most likely motions at this point will be related to the prosecutor's discovery obligations. However, if BK has clear-cut evidence exonerating himself, he might present that to MM in support of a motion and ask her to dismiss the case. Either party could then appeal her decision to the District Court. My best guess is that she would not choose to decide the issue of probable cause until after a hearing.

All MOO. Not an attorney.