4 Univ of Idaho Students Murdered - Bryan Kohberger Arrested - Moscow # 73

[Boxer]

Vans soles, new and old pattern. scroll down.

Redirect Notice

 

[CSIDreamer]

Vans soles, new and old pattern. scroll down.

Redirect Notice

The footprint is called a "Vans style" not specifically Vans, though.

 

[Cool Cats]

The footprint is called a "Vans style" not specifically Vans, though.

I think it means it is a Vans shoe but Vans has many different styles, it was one of those styles.

Shoe print forensics can determine the shoe brand. It was narrowed down to being a Vans style shoe, not a different brand.

 

[al66pine]

If Change of Venue, then … ?

....
If either the defense or prosecution files a Motion for Change of Venue is that decision solely made by Judge Megan Marshal? Assuming if granted, Boise would likely be the new venue 300 miles away.
Does anyone have any thoughts on Judge Marshal taking her self off a major case and out of the limelight would play a part in her decision ?

@Montecore1 Good Q.
If I'm correctly reading your post about change of venue, tucked in it is an ASSUMPTION that if current judge grants a CoV for the trial, then she would not preside over trial at new venue.
Just skimming ID Rules of Crim Proc, IDK that would necessarily follow. FWIW, ID rules refer use the term “Transfer.”

OP asked: Is current judge the sole decision maker on motion for CoV? Yes, imo.
As to the current judge’s thoughts about limelights, etc., I have no idea.

Not so briefly.
A motion to transfer may be made for prejudice or convenience. * Rule 21. Nothing in that rule re a change of judge automatically ensuing, if motion is granted. It's possible that provision is camouflaged in another rule, and I missed it.

But if a party makes a motion to disqualify judge, that's a (palouse) horse of a different color, as basically each party gets a freebie strike against a judge, without providing a reason. ** Rule 25.
So, w or w’out a transfer of trial, either the state or defendant can strike the current judge. No need for current judge to acquiesce or consent.

The COW speaks: moo, moo, moo.

________________________________________________
Idaho Criminal Rules (I.C.R.)

Idaho Criminal Rules (I.C.R.) | Supreme Court

isc.idaho.gov

Gen rule = prosecution & trial take place where crime occurred.
I.C.R. 19. Place of Prosecution and Trial. | Supreme Court

* Idaho Criminal Rule 21. Transfer for Trial
"A motion for transfer may be made at or before arraignment or at any other time the court or these rules prescribe."
"(a) For Prejudice. On motion of either party, the court must transfer the proceeding to another county if the court is satisfied that a fair and impartial trial cannot be had in the county where the case is pending."
"(b) For Convenience. On motion of the defendant, the court may transfer the proceeding to another county, for the convenience of parties and witnesses, and in the interest of justice."

** Idaho Criminal Rule 25. Disqualification of Judge
(a) "without cause" IOW, a freebie strike.
(b) "for cause" based on one of four listed reasons.

I.C.R. 25. Disqualification of Judge. | Supreme Court

isc.idaho.gov

 

[CSIDreamer]

I think it means it is a Vans shoe but Vans has many different styles, it was one of those styles.

Shoe print forensics can determine the shoe brand. It was narrowed down to being a Vans style shoe, not a different brand.

IMO, they said it had a diamond pattern, similar to the Vans style shoe sole. They also listed Vans style shoes in the search warrant. The database is extensive and it's my opinion if they knew it was a Vans shoe, they would have said so. It could be a knockoff that isn't in the database, or a partial print. JMO

 

[Boxer]

IMO, they said it had a diamond pattern, similar to the Vans style shoe sole. They also listed Vans style shoes in the search warrant. The database is extensive and it's my opinion if they knew it was a Vans shoe, they would have said so. It could be a knockoff that isn't in the database, or a partial print. JMO

Also they would not want to cut themselves off from collecting any sneaker they found that was close.

Also sadly, these whether Vans or a knock off, are called sneakers for a reason.

 

[Cassady]

IMO if other cases are the example, the case would be prosecuted by the Latah County DA and the Latah County Judge would preside. Change of venue means only that the jury pool would be drawn from another county. I think what the judge will do is defer ruling on venue until an attempt is made to seat an impartial jury in Latah County.

Why would the judge wait until the trial starts to rule on a change of venue motion?

IMO they would not. Changing the venue in the middle of jury selection would not be practical, especially if there are speedy trial constraints at play. This issue would be ruled on well before trial. If denied, the motion could be renewed mid-jury selection if there are issues seating enough jurors...IMO

 

[Cool Cats]

IMO, they said it had a diamond pattern, similar to the Vans style shoe sole. They also listed Vans style shoes in the search warrant. The database is extensive and it's my opinion if they knew it was a Vans shoe, they would have said so. It could be a knockoff that isn't in the database, or a partial print. JMO

Oh, ok.

I forgot about them saying:

"diamond pattern, similar to the Vans style shoe"

If it says that then maybe it is just preliminary. The shoe has a pattern specific to a Vans style, but they will need to have a shoe print expert identify it more in depth.

Bill Bodziak comes to mind, he testified at a trial I followed where there was shoe print evidence. He can narrow shoe impressions down to a specific brand.

"Testimony is continuing Monday in the Pike County murder trial of George Wagner IV.
Bill Bodziak, a shoe impression expert, is on the stand Monday. Bodziak specializes in footwear and tire impressions. He’s testified in high profile cases like OJ Simpson’s and Timothy McVeigh’s."

 

[Cool Cats]

Why would the judge wait until the trial starts to rule on a change of venue motion?

IMO they would not. Changing the venue in the middle of jury selection would not be practical, especially if there are speedy trial constraints at play. This issue would be ruled on well before trial. If denied, the motion could be renewed mid-jury selection if there are issues seating enough jurors...IMO

A trial would not start until the jury is chosen, including alternates.

It is not uncommon for a judge to deny a change of venue because the judge wants to try to seat a jury.
This can be done with jury questionnaires and "Voir Dire," a process by which prospective jurors are questioned about their backgrounds and potential biases before being chosen to sit on a jury.

At this time If the defense feels they are not getting a fair jury they can file a motion to argue it and request a change of venue. This happened in a trial I watched. After trying to seat a jury the defense filed a change of venue motion and the prosecution filed a motion against changing the venue. After the judge heard and read the arguments for both sides, he ruled against the defense and did not change the venue.

Judges also have other options. In the Ahmaud Arbery murder trial the defendants
Gregory McMichael, Travis McMichael and William Roderick “Roddie” Bryan, were tried using jurors from the surrounding Counties. The trial venue wasn't moved, but the jurors were not selected from the County where the trial took place.

The clock stops running on speedy trial during jury selection. There are various times during the pre trial process when the speedy trial clock can be stopped then restarted.

 

[NCWatcher]

Why would the judge wait until the trial starts to rule on a change of venue motion?

IMO they would not. Changing the venue in the middle of jury selection would not be practical, especially if there are speedy trial constraints at play. This issue would be ruled on well before trial. If denied, the motion could be renewed mid-jury selection if there are issues seating enough jurors...IMO

I don't know if the jury will be sequestered. If there's an out of town jury imported from 300 or so miles away, I'd assume they'd be given hotel rooms regardless. Just how many local hotels are there?
JMO

 

[Sleuth2010]

Please no gag order for the families or press...transparency 2023. Times have changed, the way the law works
needs to as well.

"Public Defender Anne Taylor filed a motion with the Idaho Supreme Court, requesting to be heard in any arguments over the media's request to amend or dismiss the gag order."

"The man prosecuting Bryan Kohberger, Latah County Prosecutor William Thompson, also filed a motion saying the state would like to be heard on this issue."

 

[MadMcGoo]

MOD REMINDER:

I know everyone is patiently awaiting each update in the case, but please remember the topic of this thread and try to stay on it.

Also, Mods/Admins are simply not able to read each and every post on each and every thread here on Websleuths. Because you see a post that you think violates TOS doesn’t necessarily mean that we’ve seen it and let it stand. This is why we are very grateful to members who report such posts.

Happy Weekend Sleuths!
- Mad

 

[Boxer]

I don't know if the jury will be sequestered. If there's an out of town jury imported from 300 or so miles away, I'd assume they'd be given hotel rooms regardless. Just how many local hotels are there?
JMO

Booking. com has 6 in Moscow and 4 in Pullman. Plenty probably.

 

[NCWatcher]

Sounds like a good number of rooms but IF they have a change of venue & bring in a large jury pool & need rooms during selection....it doesn't sound like so many given that reporters will be in town too. I guess they'd have to do it that way & provide rooms during voir dire if the potential jurors end up living nearly a full day's drive away.
JMO

 

[maskedwoman]

Please no gag order for the families or press...transparency 2023. Times have changed, the way the law works
needs to as well.

"Public Defender Anne Taylor filed a motion with the Idaho Supreme Court, requesting to be heard in any arguments over the media's request to amend or dismiss the gag order."

"The man prosecuting Bryan Kohberger, Latah County Prosecutor William Thompson, also filed a motion saying the state would like to be heard on this issue."

Thank you for sharing. It will be interesting to learn whether AT is pro-gag order or anti-gag order. I would expect her to be pro-gag order, for her client's sake. I'm not big on gag orders, but as badly as I want some facts, I want him to get the poster-trial of fair trials. It would be horrible for the families to go through a bunch of appeals and possibly a retrial. If a gag order helps that happen, then I'm willing to wait. Of course, I realize that just because I'm willing to wait doesn't make it constitutional.

 

[Cool Cats]

Thank you for sharing. It will be interesting to learn whether AT is pro-gag order or anti-gag order. I would expect her to be pro-gag order, for her client's sake. I'm not big on gag orders, but as badly as I want some facts, I want him to get the poster-trial of fair trials. It would be horrible for the families to go through a bunch of appeals and possibly a retrial. If a gag order helps that happen, then I'm willing to wait. Of course, I realize that just because I'm willing to wait doesn't make it constitutional.

She is PRO Gag Order.

Goncalves family to testify against Bryan Kohberger amid judge’s gag order

“The members of the Goncalves family, who are represented by Mr. Shanon Gray, are potential witnesses in this case, including at trial and/or sentencing,” Latah County prosecutor Bill T…

nypost.com

Mr Shanon Gray (Goncalves attorney) filed an appeal against the gag order last week, arguing it was unconstitutional and “vague.”

Anne Taylor, Kohberher’s public defender, also filed an opposition to Gray’s objection against the gag order.

“If Mr. Gray truly intends only to voice his clients’ thoughts and opinions, then the Court’s previous exemption has already cured the supposed First Amendment infirmity — Mr. Gray’s clients may voice these thoughts and opinions themselves as they have been clearly doing,” Taylor wrote in her opposition.

 

[al66pine]

More re (Possible) Change of Venue (aka Transfer of Trial)?

IMO if other cases are the example, the case would be prosecuted by the Latah County DA and the Latah County Judge would preside. Change of venue means only that the jury pool would be drawn from another county....

@CGray123 Excuse me for snipping your post, but I wanted to focus on one issue.
If CoV being granted “means only that the jury pool would be drawn from another county” is ^ post saying that potential jurors from County X would be transported TO Moscow? Then jury selection? Then TRIAL IN MOSCOW?
@CGray123? Anyone? IDK, could be.

In some cases in which a change of venue motion was granted, I recall that the prosecutor, defendant, def atty, witnesses, judge, ct reporter, et al, all went from County Y, where the crime occurred, to County X for the trial.

Regardless of which contingent has to travel, seems cumbersome, esp’ly w distance to. Boise (being discussing here as one poss. new venue)--- 5 hr 41 min (295.1 mi) to Moscow *

But as Daybell trial Judge Boyce wrote in his order “the court must consider the most important factor: that justice will be served. Of tantamount importance to the court is selecting and maintaining a fair and impartial jury throughout a two-and-a-half month trial.” **
Aaand trial of BCK is likely to last for weeks. Imo jmo moo

_________________________________________
* 5 hr 41 min (295.1 mi) via US-95 S and ID-55 S. Moscow to Boise
driving distance moscow id to noise id - Google Search

** I assume (could be wrong), you're referring to Daybell case? I've just skimmed headlines on that case but just came across this.
In Daybell case, in Oct. 2021, ID Sup. Ct.** ordered a transfer from Fremont Co/7th Dist. to Ada Co./4th Dist. and that Judge Boyce remains assigned to the case.
A pdf image of ID Sup Ct’s Oct. 2021 order at link.
https://kslnewsradio.com/wp-content/uploads/2021/10/COV-Daybell.pdf

"April 28, 2022 - Judge Boyce ... also denied a request from prosecutors to have a jury transported from Ada County to Fremont County for the trial and re-affirms that the trial will happen in Ada County."
** May 2, 2022 Charges against Chad remain; Daybells' trials to be held in Boise
^^^ May not be current, but no way for me to catch up.

 

[Luxee]

Booking. com has 6 in Moscow and 4 in Pullman. Plenty probably.

The world’s media will also possibly turn up for the duration too. Every one of those accommodations may be needed.

 

[Helechawagirl]

Does anyone know what kind of car the food delivery car drove?

 

[Sister Golden Hair]

Vans update - I went and checked mine. interestingly, the toe area has a diamond pattern, then the pattern changes to a distinct honeycomb pattern, then at the end of the arch (near the back pad), the pattern changes back to an ever-decreasing sized diamond pattern. IMO JMO this may mean that they do not have the entire footprint, just a bit, and that brings me back to my original question about why. IMO JMO the killer was potentially wearing shoe covers and one tore in that area and LE was able to get the pattern print or some other version of that (I can think of several potential explanations along those lines), but if they had a full footprint, they'd likely know if they were actually Vans imo jmo. IDK if I can link to a Vans sole image but a quick google will get you there.