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

[mooseandcoffee]

Fair enough. On the whole I think our judicial system is a relic from before the creation of universal education. Without the benefit of anything resembling scientific study, I feel too much info is withheld from jurors. A jury today is no longer composed of 12 rubes gathered at the local barbershop.

Nope, now it's composed of 12 people from a variety of backgrounds. However, 7 of the 12 feel like they know everything because they watch Law and Order.

IMO

 

[CGray123]

A requirement to turn someone in is forced speech & unconstitutional. There are some very narrow statutory examples, such as mandated reporters.

Failure to report a crime can be considered obstruction of justice in some circumstances, and in some states it is a crime per se. E.g. CRS 18-8-115

I hasten to add, that there is no evidence that anyone committed these offenses in relation to BK's alleged offenses.

 

[mooseandcoffee]

I don't think HIPAA rules would apply to him other than through someplace that he received treatment for addiction. For Schools, the FERPA is what I believe they go by. Family Educational Rights and Privacy Act (FERPA).

• Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):
  • School officials with legitimate educational interest;
  • Other schools to which a student is transferring;
  • Specified officials for audit or evaluation purposes;
  • Appropriate parties in connection with financial aid to a student;
  • Organizations conducting certain studies for or on behalf of the school;
  • Accrediting organizations;
  • To comply with a judicial order or lawfully issued subpoena;
  • Appropriate officials in cases of health and safety emergencies; and
  • State and local authorities, within a juvenile justice system, pursuant to specific State law.

Schools may disclose, without consent, "directory" information such as a student's name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. However, schools must tell parents and eligible students about directory information and allow parents and eligible students a reasonable amount of time to request that the school not disclose directory information about them. Schools must notify parents and eligible students annually of their rights under FERPA. The actual means of notification (special letter, inclusion in a PTA bulletin, student handbook, or newspaper article) is left to the discretion of each school.

Family Educational Rights and Privacy Act (FERPA)

Family Educational Rights and Privacy Act (FERPA) Home Page.

www2.ed.gov

Honestly, I am a little surprised that his high school has released as much as they have.

 

[mooseandcoffee]

I feel torn about demolishing the house. It is such a confusing floor plan that it seems it would be helpful for jurists to walk though and be able to follow the speculated movements of the murderer. I admit, after all my exposure to the plans and videos of the inside of the house - I am still easily confused. It's not like the layout of the house is your typical one story ranch in which a person's paths would be an easy flow to follow.
A walk-through of the house would help tactile learners, like me, who learn best by doing, not just by reading, seeing, or hearing - and all those on the jury might benefit by this.
I can understand the town's, college's, and city's desire to remove the morbid reminder - but at what cost? The preservation and protection of all other evidence has been a priority to protect the integrity of a fair trial; it seems like this would rank right up there with any other evidence.
Tactile learners, like me, learn best by doing, not just by reading, seeing, or hearing.

They can make a virtual walk through for the jurors if they feel that it would be helpful.

 

[Dotta]

Your comment made me think of something (that I think you made in jest). What if he WAS narrating to himself during the killings? I've never been able to figure out the whole "D.M. stated she opened her door a second time when she heard what she thought was crying coming from Kemodle's room. D.M. then said she heard a male voice say something to the effect of "it's ok, I'm going to help you."

D.M. didn't say that's was she heard for sure, she said it was 'something to the effect of'. Maybe she heard BK trying to convince himself everything was OK and she did hear "It's OK" because it's my belief he went there to kill 1 person (Maddie), and was surprised to find Kaylee sleeping with her so he felt he had to kill her too. That's 2.

Now he's trying to get the heck out of dodge and runs into Xana & Ethan because she was up with the midnight munchies. "There's someone here" so Ethan goes to the bedroom door and looks out. He kills Ethan first so Xana is crying from the shock of what's unfolding before her eyes (this is all within a matter of mere seconds as it's my belief everything went down very fast, faster than it's taking me to type this and I'm a fast typer!).

This is where the possible BK narration comes into play. Now BK is telling himself "It's OK" (Because now he's killed 3 when he only came to kill one, and about to kill #4 and likely freaking out about his plan going VERY astray) and then something to the effect of "I'm going to help you". Now he goes after Xana (or maybe he was stabbing Xana when he said that because it's my opinion her killing took longer because she fought back).

So, we know he narrates because LE has told us so, so it is my belief the voice D.M. heard was BK narrating to himself, not Ethan or BK talking to someone (Xana). And he likely narrated to himself all the way home IMO.

As an aside... I used to work for a (strange) guy who used to talk to himself. Well, not exactly to himself (I think we all do that to some extent so nothing strange about that), but specifically to his left shoulder. And whatever it was would be funny from time to time because he'd then laugh loudly about whatever his shoulder must have told him back. Or maybe he was laughing at what he said to his shoulder. Who knows. I for darn sure wasn't going to ask which it was. Anyway... so people do talk out loud, and BK narrates, so... I think it was very likely it was BK narrating that D.M. heard. I just wish I could figure out what BK possibly could have said with the "I'm going to help you" part.

I did NOT write it "in jest".

 

[Nila Aella]

Kaylee's Range Rover was released to the family. I seem to recall another victim's vehicle was released. I think it was Maddie's. Why is the defense keeping Ethan's Jeep and his brother's Ford SUV?

January 12, 2023

Mother of Ethan Chapin shares update on family two months after losing son

A scholarship in Ethan's name has already raised more than $100,000.

www.krem.com

Chapin and his twin brother and sister were inseparable. This week, they returned to campus without him. Chapin's mom says anything he had is now 'frozen with the defense.' For them, that includes two cars, his personal belongings and a 'nice set of golf clubs.'

Forensic evidence on or in them? Perhaps they were touched on the exit from of the house or they might have information recorded by the car. Newer cars record a lot of information (like when you arrive and when the door opens). JMO

 

[deugirtni]

Forensic evidence on or in them? Perhaps they were touched on the exit from of the house or they might have information recorded by the car. Newer cars record a lot of information (like when you arrive and when the door opens). JMO

The article was also written a month and a half ago, the vehicles may have been returned by now. January 12th was only a couple of weeks after BK's initial arrest, imo.

 

[Deleted member 718]

Forensic evidence on or in them? Perhaps they were touched on the exit from of the house or they might have information recorded by the car. Newer cars record a lot of information (like when you arrive and when the door opens). JMO

Why just the Chapins? Not victim blaming, just curious. I don't think the brother's SUV was there overnight.

 

[Nila Aella]

Why just the Chapins? Not victim blaming, just curious. I don't think the brother's SUV was there overnight.

They look like newer cars to me which might have the technology to record. If they do have recording ability, they can retrieve the time his brother arrived at the house the next morning. Most people with new cars do not realize how much information the car is actually recording. Some cars even record voices inside the car. JMO

 

[BeginnerSleuther]

Failure to report a crime can be considered obstruction of justice in some circumstances, and in some states it is a crime per se. E.g. CRS 18-8-115

I hasten to add, that there is no evidence that anyone committed these offenses in relation to BK's alleged offenses.

What you cited is re: government operations. It's obstruction of public justice. The way I read it, it's obstructing government function. This isn't the same, IMO.

All just MOO.

 

[BeginnerSleuther]

Forensic evidence on or in them? Perhaps they were touched on the exit from of the house or they might have information recorded by the car. Newer cars record a lot of information (like when you arrive and when the door opens). JMO

But why Ethan's brother's car?

 

[Nila Aella]

But why Ethan's brother's car?

To corroborate the arrival time the next morning? Just guessing. MOO

 

[Nila Aella]

What you cited is re: government operations. It's obstruction of public justice. The way I read it, it's obstructing government function. This isn't the same, IMO.

All just MOO.

Agree. I found this though where a small number states have laws regarding particular types of crime.

Failure to Report a Crime - FindLaw

It's clear that you can be prosecuted for the things you do, but can you be prosecuted for something you fail to do as well? Find out more about the failure to report a crime and the potential consequences as well as related topics by visiting FindLaw's Criminal Charges section.

www.findlaw.com

 

[BeginnerSleuther]

Agree. I found this though where a small number states have laws regarding particular types of crime.

Failure to Report a Crime - FindLaw

It's clear that you can be prosecuted for the things you do, but can you be prosecuted for something you fail to do as well? Find out more about the failure to report a crime and the potential consequences as well as related topics by visiting FindLaw's Criminal Charges section.

www.findlaw.com

That article addresses witnesses failing to report.

MOO.

 

[Deleted member 718]

The article was also written a month and a half ago, the vehicles may have been returned by now. January 12th was only a couple of weeks after BK's initial arrest, imo.

Good point. Xana's car is released Dec 20. Kaylee's RR is released Dec 28. Brian arrested Dec 30. On Jan 12th, the Chapin vehicles are still impounded.

Xana Kernodle's belongings removed from storage | Fox News Video

Murder victim, Xana Kernodle's blue Honda is removed from a storage facility along with boxes containing her things. (Credit: Derek Shook for Fox News Digital)

www.foxnews.com

 

[maskedwoman]

DeSales doesn't have a criminology program, so far as I know - just criminal justice. Criminal Justice is by far the most common degree around the nation (we have a program where I teach - it's almost exclusively populated by LE who want to move up in their organization).

At WSU, I think it's only the doctorate that has the additional words "and criminology" as part of the degree title.

BK seems to have had a longterm interest in LE, but never managed to make the grade (except to work part time as a security guard at his former high school).

But BK did take an AA and a BA in psychology, so he does have the right kind of undergrad background to focus on the more behavioral side of Criminology. The reason that most top tier schools do *not* have a degree in criminology is, well, in the words of my own alma mater's webpage (if I search "I want to major in criminology)...it says, "Go to law school" and "consider a graduate program in a social science."

This is not to say that there aren't outstanding criminology programs - there are. But as you can see from the WSU offerings mentioned above, it's mostly on the C.Justice side rather than the profiling/criminology/sociology/psychology side.

IMO.

Thank you so much. Clearly I have been confused on that point all along!

 

[Boxer]

Kaylee's Range Rover was released to the family. I seem to recall another victim's vehicle was released. I think it was Maddie's. Why is the defense keeping Ethan's Jeep and his brother's Ford SUV?

January 12, 2023

Mother of Ethan Chapin shares update on family two months after losing son

A scholarship in Ethan's name has already raised more than $100,000.

www.krem.com

Chapin and his twin brother and sister were inseparable. This week, they returned to campus without him. Chapin's mom says anything he had is now 'frozen with the defense.' For them, that includes two cars, his personal belongings and a 'nice set of golf clubs.'

From this i believe they will say the Xana and Ethan were the targets due to drugs in some way.
Appears to be prep for developing SODDI: Providing an alternative theory.



And poor misogynist BK was simply innocently stalking, parked by the house in Queen Rd, when it went down. Then he went back for quick stalk-by the next morning, later in the day when news broke,he, a man interested in Law Enforcement did not call police to share that from the vantage point of his stalking parking spot, he did not see anyone.

 

[Nila Aella]

That article addresses witnesses failing to report.

MOO.

Thank you! for pointing that out. Witnessing a crime is significantly different than just having knowledge of a crime.
MOO

 

[CGray123]

What you cited is re: government operations. It's obstruction of public justice. The way I read it, it's obstructing government function. This isn't the same, IMO.

All just MOO.

I respectfully disagree. The justice system is a government function and it includes the investigation of crime. Failing to report I would consider obstruction of the investigative function, but that's just my (non-lawyer) opinion.

Wikipedia has a page on obstruction laws, if you are interested in an introduction. It includes a paragraph on the common law crime of perverting the course of justice.

A 2004 survey found that 24 states and the District of Columbia had a general statute criminalizing obstruction of justice or obstruction of government functions in broad terms, similar to those found in federal law. (The Varying Parameters of Obstruction of Justice in American Criminal Law). Colorado is one of those states. So is Pennsylvania. Washington's law is open to this interpretation too. It appears that Idaho has chosen to designate specific acts and omissions as obstruction.

As I said before, it's not an issue in the BK case AFAIK, so it may not merit extended discussion here.

 

[iamshadow21]

From this i believe they will say the Xana and Ethan were the targets due to drugs in some way.
Appears to be prep for developing SODDI: Providing an alternative theory.



And poor misogynist BK was simply innocently stalking, parked by the house in Queen Rd, when it went down. Then he went back for quick stalk-by the next morning, later in the day when news broke,he, a man interested in Law Enforcement did not call police to share that from the vantage point of his stalking parking spot, he did not see anyone.

That doesn't explain away BK's DNA on the snap of the knife sheath next to a victim's body. They can float all the 'coincidental stalker' theories they like, but the jury won't buy them with the sheath in the mix.

MOO