4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, 2022 #79

[maskedwoman]

The FBI takes apart cars like no others. They will use a sterile field, put the car in and start dismantling it. The seat belt's click station will be unscrewed. The seams of the upholstery will be tested in various ways. They will eventually sample the cushions under the upholstery (hard to clean). They should be doing blood/human protein analysis first, then swabs for DNA where appropriate, then fiber analysis. Each of these things are done by different teams, all of whom many other similar cases to work/jobs to do.

Radio knobs taken off, bagged. Car control pedals removed, tagged and bagged. I figure there would be as many as 700-800 individual pieces of evidence from most cars. Interior of the door mechanism (where the key goes in - he had to get his car keys out and even with gloved hands, he might still have had traces of victim blood. While he certainly tried to clean everything, it's hard to complete clean the interior of a car door locking mechanism or the seat belt buckle receptor.

However, it's possible he used various cleaning products to work extra hard at those places - he had time.

I do wonder how they tested the carpet and pedals for blood and human proteins (probably did that first, before ever taking anything apart).

I am preparing myself for very little of forensic value to have been found in the car, due to the length of time that BK had control of it (and the fact that he surely must have known what was coming, forensically).

IMO.

Anyone have any thoughts about what the Judge will do at Prelim if *no one* has the car search results and the car is still in PA?

Wow, thank you for sharing! Clearly, they are extremely detailed and methodical.

 

[BeginnerSleuther]

The DA can't provide what s/he doesn't have or until s/he has it.

Perhaps the prosecution is playing games with discovery. I've allowed that it happens and I have witnessed it myself.

But just because you demand certain info "within 14 days" doesn't always guarantee that I have it to give you.

In the Idaho 4 case and like everyone else, I don't pretend to know all that is going on "backstage".

Of course none of us know what's really going on behind the scenes, but I find it incredibly hard to believe that the prosecution doesn't at least some of the things mentioned in the motion to compel, such as notes from his interrogation, body cam footage of the arrest, and police notes. JMO.

 

[SpiderFalcon]

Of course none of us know what's really going on behind the scenes, but I find it incredibly hard to believe that the prosecution doesn't at least some of the things mentioned in the motion to compel, such as notes from his interrogation, body cam footage of the arrest, and police notes. JMO.

There seems to be, IMO, three categories: PA evidence, Lab evidence, and recordings/notes from Moscow PD. IMO, it's possible there is some long, legal process for getting the evidence from PA, the FBI takes very long to get a report out, and so that leaves the recordings/notes. I went to the I.C.R. 16. Discovery and Inspection | Supreme Court, and found this:

So, perhaps the Prosecutor will have some explanation for why these things haven't been disclosed.

 

[U.N. Known]

I don't see what info that link supplies, except for what we already know.

Some of us were speculating as to which of BK's behaviors led to the "trespass" decision. If the decision wasn't made until Dec. 29 or 30, then perhaps it was just a general response to BK being charged with multiple homicides.

This has been my supposition. If the trespass decision is related to the supposed "firing" from his TA position, it seems odd that they'd meet with him virtually, send a dismissal letter, then wait 10 days (or so) to then send a separate letter banning him from campus.

 

[Cool Cats]

University of Idaho to honor stabbing victims at graduation - house, memorial updates

University of Idaho to honor stabbing victims at graduation; house, memorial updates

Two of the four students killed in November were seniors.

www.yahoo.com

Madison Mogen and Kaylee Goncalves will receive posthumous degrees Saturday. Both were seniors.

Mogen’s degree will be in marketing, and Goncalves’ will be in general studies, according to a news release.

Ethan Chapin, a freshman, and Xana Kernodle, a junior — will receive certificates, which acknowledge credit toward degrees in progress. Chapin will receive a certificate in recreation, sport and tourism management, and Kernodle a certificate in marketing,

Another University of Idaho student, Guadalupe Ruiz, was killed in a car crash in August and will receive a posthumous degree in criminology.

The house where the four students were killed is expected to be demolished, though there is no timetable for when it will happen, a university spokesperson, Jodi Walker, told the Idaho Statesman in an email.

The university plans to build an on-campus memorial garden in memory of the slain students. Called the Vandal Healing Garden and Memorial, Walker said it will be designed by students at the College of Art and Architecture in the fall.

People can submit suggestions for the garden on the university’s website throughout the summer.

The university has already raised more than $200,000 for the garden, Walker said.

 

[Cool Cats]

Vandal Healing Garden and Memorial

Ways to give to U of I | University of Idaho

Your gift to U of I drives student success, state progress and global impact. Make a difference and leave a lasting legacy.

www.uidaho.edu

The Vandal Healing Garden and Memorial (VHGM) is a visual representation of our #vandalstrong resilience. The space will include a permanent reminder of Xana, Ethan, Madison and Kaylee, as well as a garden space for quiet reflection, remembrance and honor for all.

 

[10ofRods]

The notes of the initial interrogation are in PA. What I notice is that several things are in PA.

These leads me to believe that PA has taken its time in getting those things to both the Prosecution and the Defense. The motion involving BF was also out-of-state.

I agree with those who are saying that it's common for these motions to fly back and forth and for out-of-state material to be delayed.

Most police departments prioritize their own cases, and there is no case in PA against BK.

Judges know this. It's possible to go ahead with the Preliminary without certain reports or evidence, as long as neither side has them. Discovery is considered ongoing. Preliminaries are basically an arbitrary date that fits in a Judge's calendar. The State's task during the Prelim is to produce enough evidence to bind BK over for trial. The Defense must have access to all that evidence before the Prelim (I can't remember the actual date - it has to be getting close).

The purpose of the Prelim is to establish the State's case but also give the criminal defendant his first chance to contest the evidence and present his own.

It does sound as if the evidence from the car may not have gone to either side (which I can only interpret as a blow to the State, not to the defense).

OTOH, perhaps both sides will get the reports about the car's component's testing any day now. Does anyone have a sense of whether the car parts were shipped to Idaho? It looks that way to me from what has been reported by LE. Or did those car parts go to an FBI facility closer to PA? Or to an FBI facility closer to Moscow (they were using agents and facilities from three different local offices IIRC). By local I mean within a 2-3 hours from Moscow.

IMO.

 

[Deleted member 718]

5/25/2023 Cancelled Motion Hearing (10:00AM)
(Judicial Officer: Marshall, Megan Location: Courhoom 1) Vacated

Latah County CR29-22-2805

Case Summary (Updated 05/08/23)

 

[10ofRods]

Det Payne? (I haven't seen Blaker mentioned?)

From the motion to compel:

3. Mr. Kohberger requests an Order for the State to disclose the following items included in the Defendant’s I“ Supplemental Requestfor Discovery:

Request No. 119 All notes recordings from all Officers from Moscow Police Department

As of May 4, 2023 Counsel for Mr. Kohberger has not received recordings and notes from the interrogation of Mr. Kohberger by MPD Detective Payne.

https://coi.isc.idaho.gov/docs/case/CR29-22-2805/050423%20Motion%20to%20Compel%20Discovery.pdf

These are the items that really must be turned over, if they exist, as they are clearly available to LE in Moscow. I would assume that they are being produced as we type. Looks like other officers' records were turned over, but under that motion to compel, the State failed to produce the notes and/or videos of Detective Payne.

Do detectives also wear body cams in Idaho? I don't recall anything in the PCA indicating that Payne had interrogated BK. So I'm going to say that it's possible no such interrogation took place, and the Defense is just crossing it's T's and dotting it's I's.

They want the State to say definitively whether Payne interrogated BK. If BK has a memory of Payne so doing, then there should be a recording of some type. However, it's still possible that Payne never spoke to BK.

Due to gag order, we have no way of knowing.

IMO.

 

[10ofRods]

5/25/2023 Cancelled Motion Hearing (10:00AM)
(Judicial Officer: Marshall, Megan Location: Courhoom 1) Vacated

Latah County CR29-22-2805

Case Summary (Updated 05/08/23)

Was that the non-dissemination order hearing? Looks like it to me. I had forgotten that was to take place the day before the Prelim.

IMO.

 

[Deleted member 718]

Was that the non-dissemination order hearing? Looks like it to me. I had forgotten that was to take place the day before the Prelim.

IMO.

May 2—A hearing involving the family of one of the University of Idaho students killed in a November quadruple homicide has been scheduled for May 25.

The Goncalves family has filed a motion in Latah County 2nd District Court to appeal, amend, or clarify the nondissemination order in the case of murder suspect Bryan Kohberger.

Personal Finance Home Page - Yahoo Finance

At Yahoo Finance, you get free stock quotes, up-to-date news, portfolio management resources, international market data, social interaction and mortgage rates that help you manage your financial life.

money.yahoo.com

 

[SpiderFalcon]

Was that the non-dissemination order hearing? Looks like it to me. I had forgotten that was to take place the day before the Prelim.

IMO.

The Prelim is scheduled for June 26 - 30.

 

[PrairieWind]

I don't know Idaho law, but in some states, the defense *must* state the nature of its defense at the preliminary. No spaghetti throwing defenses in those states.

I can't remember which state it was (I think Colorado) where the defense had to specifically alert the Court that they were going with a SODDI defense, but they had to tell the Judge who, specifically, the Other Dude was. No wild claims of "hey, someone else did it!" Nope, just the claim that defendant didn't do it.

If Defense claims "defendant didn't do it," and "defendant has no verifiable alibi," then that narrows down what will be happening at the Prelim - and at Trial. If the defense provides an alibi for BK, then in some states (again, I don't know about Idaho), that has to be told to the Judge before Prelim or, at least, before trial.

In some states, defense can just say SODDI and that's okay. Or, "Some Dude with X characteristics - if there's unidentified DNA lying around - then the jury has to try the facts to see if that makes sense."

IOW, the defense cannot just show up at Prelim and say "Some Asian dude did it because we sequenced the DNA found in the glove box and it looks like a partial for an Asian Dude!"

They have to give notice to the State before they do this at Prelim. They are using evidence, perhaps, or an interpretation of the evidence, that the State does not have. If both sides agree that Some Asian Dude's DNA in the glove box exists, then that DNA is likely to come in as evidence. If the defense has no sequencing to show that such DNA exists, who knows what the Judge will do? If the defense can get things retested after the Prelim, things could change again in pre-trial motions.

Again, not a lawyer and certainly not familiar with Idaho law.

IMO.

I don't know of any such requirement. There are rules when the Defense must present evidence of or assertion of an alibi etc. but the clock isn't running on those yet because the case still isn't past preliminary hearing and bound over.

 

[Nila Aella]

5/25/2023 Cancelled Motion Hearing (10:00AM)
(Judicial Officer: Marshall, Megan Location: Courhoom 1) Vacated

Latah County CR29-22-2805

Case Summary (Updated 05/08/23)

Here is an order on the cases of interest page cancelling the hearing but setting up the remote conference in place of it at the same time.
MOO

https://coi.isc.idaho.gov/docs/case/CR29-22-2805/050423%20Order%20Vacating%20Hearing%20and%20Setting%20Scheduling%20Conference%20for%20Motions%20Re%20Amended%20Nondissemination%20Or.pdf

 

[wary]

Was that the non-dissemination order hearing? Looks like it to me. I had forgotten that was to take place the day before the Prelim.

IMO.

Right on the topic of it. But, that’s a month before the date of the prelim, June 26th.

Edited to fix my misunderstanding of the date.

 

[SpiderFalcon]

May 2—A hearing involving the family of one of the University of Idaho students killed in a November quadruple homicide has been scheduled for May 25.

The Goncalves family has filed a motion in Latah County 2nd District Court to appeal, amend, or clarify the nondissemination order in the case of murder suspect Bryan Kohberger.

Personal Finance Home Page - Yahoo Finance

At Yahoo Finance, you get free stock quotes, up-to-date news, portfolio management resources, international market data, social interaction and mortgage rates that help you manage your financial life.

money.yahoo.com

5/25/2023 Cancelled Motion Hearing (10:00AM)
(Judicial Officer: Marshall, Megan Location: Courhoom 1) Vacated

Latah County CR29-22-2805

Case Summary (Updated 05/08/23) s

They scheduled the Motion Hearing for the Nondissemination Order for May 25, then cancelled that, and scheduled a "Scheduling Conference" for the Nondissemination Order.

 

[SpiderFalcon]

Here is an order on the cases of interest page cancelling the hearing but setting up the remote conference in place of it at the same time.
MOO

View attachment 420968

https://coi.isc.idaho.gov/docs/case/CR29-22-2805/050423%20Order%20Vacating%20Hearing%20and%20Setting%20Scheduling%20Conference%20for%20Motions%20Re%20Amended%20Nondissemination%20Or.pdf

YOU beat me to it!!!!

 

[SpiderFalcon]

Right on the topic of it. But, that’s a month before the old date of the prelim. And wasn’t the preliminary hearing rescheduled to June 30th, instead of the 26th?

No, it's still in the Case Summary as June 26-30

 

[wary]

No, it's still in the Case Summary as June 26-30

Thank you!

 

[jepop]

YOU beat me to it!!!!

The Idaho Court page for this case is getting chocobloc and there is always more coming. It's a job keeping up with all the hearings, schedulings, releases of docs, orders, motions etc etc... even if half of them are redacted. Grateful to you, @gliving, @Nila Aella and any others for watching the page and for posting the updates as they come in. Thank you!