4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #100

[mrjitty]

Although the court denied a Franks hearing, I assume that AT is still able to bring up these issues during the trial. The issues she raised were adjudicated to remain in evidence, but even though they were not thrown out, I assume she is likely to raise many of these issues during the trial as part of BK's defense.

She also has them on record in the event of any further appeal(s).

Which issues do you see her raising?

I've focussed mostly on the warrants and IGG - i don't see those things coming up.

Some of the substantive stuff about arguing exactly where he was will be in play obviously.

 

[INfisherman]

Could the state request all the Franks defense topics be suppressed as done in Delphi? What’s the state got to lose in requesting a motion for suppression?

 

[Balthazar]

Source? What bag? MM was murdered.

Sorry, I meant BF not MM. I had already corrected myself in a subsequent post. Judge Hippler mentioned this and this is a direct quote from him "the use of covering clothing and covering gloves and all that, that could be put into a bag, real quick, on the way out that was in one of the affadavits" during the Jan. 23 suppression hearing. Obviously there are affidavits and lots of discovery we have not seen due to the gag order. 1:37 approx. in video linked below. This fits with SG's "kill kit" theory and IMO, this is going to be as close as we can get to confirmation of the early story about what BF saw before the gag order (a man undressing into a bag) is true before the trial. Obviously the judge has seen all of the affidavits and all the interview transcripts. I certainly don't believe that Judge Hippler would lie in court, do you?

 

[imstilla.grandma]

The judge has issued a gag order for everyone involved in the trial and won’t allow cameras in the courtroom.

Trial set for suspect in killings of 4 Idaho college students. Here's what you need to know

A judge this week declined to throw out key evidence against the man charged in the killings of four University of Idaho students near the campus two years ago.

www.newsday.com

 

[Megnut]

The judge has issued a gag order for everyone involved in the trial and won’t allow cameras in the courtroom.

Trial set for suspect in killings of 4 Idaho college students. Here's what you need to know

A judge this week declined to throw out key evidence against the man charged in the killings of four University of Idaho students near the campus two years ago.

www.newsday.com

WHAT??????

Streamed pre-hearing but not the trial itself????

Ugh. I suppose he's trying to contain the circus. But ugh.

(ETA I jumped the gun. Hopefully the courtroom will have its own feed. Whew.)

JMO

 

[mmeynstyn]

Which issues do you see her raising?

I've focussed mostly on the warrants and IGG - i don't see those things coming up.

Some of the substantive stuff about arguing exactly where he was will be in play obviously.

I see AT raising some of the things others have brough up on this thread:
- No known connection to the house or the people living in the house (that we are aware of)
- No evidence in his car or apartment that links him to the crime
- No cell phone data that shows him near the house during the commission of the crime (curious if Cy R will still testify for the Defense)
- Confuse Jury about DNA evidence (all the back-n-forth we've been going through on this thread)
- Unfortunately, DM"s credibility
- Then, point to other DNA that they did not pursue - could have been DD driver or boyfriend (as others have suggested)

All of these are IMOO and are based on information we are aware of (not speculating on what additional evidence that state will bring forward). With that in mind, do we think the state has video that shows the missing front plate? (Was that mentioned in the vehicle identification by FBI expert? - I can't recall if that was just in our conversations).

 

[MassGuy]

The judge has issued a gag order for everyone involved in the trial and won’t allow cameras in the courtroom.

Trial set for suspect in killings of 4 Idaho college students. Here's what you need to know

A judge this week declined to throw out key evidence against the man charged in the killings of four University of Idaho students near the campus two years ago.

www.newsday.com

This has been the case for a long time now. The court itself has been streaming the proceedings on their own, which is different than having news cameras in the courtroom.

Hopefully this continues at trial. I think it will.

 

[jepop]

Sorry, I meant BF not MM. I had already corrected myself in a subsequent post. Judge Hippler mentioned this and this is a direct quote from him "the use of covering clothing and covering gloves and all that, that could be put into a bag, real quick, on the way out that was in one of the affadavits" during the Jan. 23 suppression hearing. Obviously there are affidavits and lots of discovery we have not seen due to the gag order. 1:37 approx. in video linked below. This fits with SG's "kill kit" theory and IMO, this is going to be as close as we can get to confirmation of the early story about what BF saw before the gag order (a man undressing into a bag) is true before the trial. Obviously the judge has seen all of the affidavits and all the interview transcripts. I certainly don't believe that Judge Hippler would lie in court, do you?

Thanks for clarifying.Of course Judge Hippler did not lie in court. I simply asked for a source and did not mention judge Hippler.

However having now listened to the section of the hearing you indicated and applied the context, moo what he is saying here is that there is a warrant affidavit where the affiant (based I'm assuming on their experience as a professional investigator), explicates rational reasons as to why no biological traces of the victims were identified in defendant's vehicle six plus weeks after the crime. That appears to be the context to me. I don't think he is saying that these are facts as such but rather hypotheses presented in certain affidavits. Moo

In any case, to me your original post read as if fact that the perp was seen utilising a bag to change clothes. Imo that remains speculative at this time and what Hippler said doesn't change that.

ETA, the thing about BF seeing a (nude)man, jmo, is something very likely made up by the Daily Mirror a couple of years ago.

 

[QB2022]

If AT takes the IGG stuff to supreme court, would this delay the trial?

 

[jepop]

WHAT??????

Streamed pre-hearing but not the trial itself????

Ugh. I suppose he's trying to contain the circus. But ugh.

(ETA I jumped the gun. Hopefully the courtroom will have its own feed. Whew.)

JMO

Think this report is inaccurate. Hippler hasn't mentioned cameras in courtroom as far as I know. But he did say he expects adherence to JJJ's non dissemination order imo. JJJ also ruled for court controlled live streaming for pre trial hearings and the trial itself. Imo Hippler will do the same for the trial, unless he rules otherwise in the meantime. Jmo.

 

[Cool Cats]

I see AT raising some of the things others have brough up on this thread:
- No known connection to the house or the people living in the house (that we are aware of)
- No evidence in his car or apartment that links him to the crime
- No cell phone data that shows him near the house during the commission of the crime (curious if Cy R will still testify for the Defense)
- Confuse Jury about DNA evidence (all the back-n-forth we've been going through on this thread)
- Unfortunately, DM"s credibility
- Then, point to other DNA that they did not pursue - could have been DD driver or boyfriend (as others have suggested)

All of these are IMOO and are based on information we are aware of (not speculating on what additional evidence that state will bring forward). With that in mind, do we think the state has video that shows the missing front plate? (Was that mentioned in the vehicle identification by FBI expert? - I can't recall if that was just in our conversations).

Quote:
With that in mind, do we think the state has video that shows the missing front plate? (Was that mentioned in the vehicle identification by FBI expert? - I can't recall if that was just in our conversations).

They knew as soon as they started looking at video footage then turned it over to FBI.

From PCA

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DD driver and boyfriend were ruled out and you can't get up in court and lie to the jury with false allegations. Jury's like DNA evidence, it is the most important evidence to a jury as I have said and linked many times.
DNA samples were taken from many people, even from someone's cigarette. All ruled out. DM gave her statement to LE which can be read in court and confirmed by her. He turned off his cell phone before the crime. Defense would need to prove that it is normal behavior for him to turn off his cell phone in the middle of the night even though they admit he kept his phone on to get countryside and sky photos.

But, cellphone data shows him near the residence on King Road at roughly 9 a.m. on November 13, implying that he returned to the site of the crime mere hours after allegedly killing the four victims at around 4 a.m., according to the affidavit.

The victims had public social media accounts and he could very easily know who they were. He was very good at not transferring blood but then drops his DNA under a victim. The judge will expect evidence for these allegations, it is not a guessing game. It is called DISCOVERY.

Investigators collected a number of things from his residence, including suspected human and animal hair strands, a disposable glove, objects with red and brown stains, and a computer, according to the released records.

Police also obtained samples from Mr. Kohberger’s vehicle and confiscated a shovel, gloves and goggles, a bandage, and a luminous vest.

Idaho Murders: Kaylee Goncalves's pet dog Murphy Goncalves List Amazon | NY Breaking News

The beloved dog of the University of Idaho murdered student Kaylee Goncalves is getting a lot of love from internet followers, and he even has his own Amazon wishlist.

northeasternpost.com

2 cents

 

[jepop]

Catching up and typing this as I am on #12 out of 14...

Early on, like back in #20 - 30 there was talk of Murphy. Someone posted a link to an interview Kaylee's sister gave where she stated Murphy was very timid and was probably under the bed or curled up in a closet. Something like that...I'm still searching for the post or article so MOO.

I seem to remember that it was a neighbor dog that started barking after a "thump". We all talked about someone hitting a wall or a trunk to a car closing.

Anyway, that's my recollections on those things. JMO.

Hah, I also have some recollection of that earlier thread discussion. I vaguely remember chasing down an article which showed there was at least one other dog resident on the street. I have no source ATM and would have to go through earlier posts to find the report, which was in MSM and covered an interview with a neighbour. Will try to find the time but yeah, think my main thought is just it's not a foregone conclusion it was Murphy barking. I'm sure the dog situation will come out at trial. Maybe via DM's and possibly BF testimony, and by the person who analysed the audio recording. Moo

 

[jepop]

I see AT raising some of the things others have brough up on this thread:
- No known connection to the house or the people living in the house (that we are aware of)
- No evidence in his car or apartment that links him to the crime
- No cell phone data that shows him near the house during the commission of the crime (curious if Cy R will still testify for the Defense)
- Confuse Jury about DNA evidence (all the back-n-forth we've been going through on this thread)
- Unfortunately, DM"s credibility
- Then, point to other DNA that they did not pursue - could have been DD driver or boyfriend (as others have suggested)

All of these are IMOO and are based on information we are aware of (not speculating on what additional evidence that state will bring forward). With that in mind, do we think the state has video that shows the missing front plate? (Was that mentioned in the vehicle identification by FBI expert? - I can't recall if that was just in our conversations).

RBSBM.
About footage showing just the one plate, I believe yes. Per PCA, SV1 on Styner Avenue at about 3.28am just before it crosses the main highway to continue on to King Road. @Cool Cats posted a screen shot up thread. Says something like 'appears to have only one plate/to be missing a plate' or similar phrase. Jmo.

 

[Boxer]

This has been the case for a long time now. The court itself has been streaming the proceedings on their own, which is different than having news cameras in the courtroom.

Hopefully this continues at trial. I think it will.

After the unprofessionalism of the press in the first proceedings I completely concur that a standard court video format ia needed.

 

[imstilla.grandma]

"The DNA on the knife sheath is the singular piece that holds the state's case together," said Dave Leroy.

Attorney discusses judge's ruling rejecting request to toss DNA evidence in Bryan Kohberger case

His trial is set for summer, with jury selection in late July.

www.wfmz.com

 

[vls12345]

Hah, I also have some recollection of that earlier thread discussion. I vaguely remember chasing down an article which showed there was at least one other dog resident on the street. I have no source ATM and would have to go through earlier posts to find the report, which was in MSM and covered an interview with a neighbour. Will try to find the time but yeah, think my main thought is just it's not a foregone conclusion it was Murphy barking. I'm sure the dog situation will come out at trial. Maybe via DM's and possibly BF testimony, and by the person who analysed the audio recording. Moo

Also agreeing. From the early days in the thread, iirc, there was mention of a dog barking at a different residence. In my memory, it was from the house that was perpendicular to the victims' house, kind of alongside where their parking area was. I'm not sure if it was verified from that house or another one nearby but I do remember discussion of a dog barking caught on camera/tape/sound recording. Imo.

 

[Boxer]

Agree. I remember the neighbor dog being mentioned as heard on the security video from the neighbors house.

 

[Balthazar]

Thanks for clarifying.Of course Judge Hippler did not lie in court. I simply asked for a source and did not mention judge Hippler.

However having now listened to the section of the hearing you indicated and applied the context, moo what he is saying here is that there is a warrant affidavit where the affiant (based I'm assuming on their experience as a professional investigator), explicates rational reasons as to why no biological traces of the victims were identified in defendant's vehicle six plus weeks after the crime. That appears to be the context to me. I don't think he is saying that these are facts as such but rather hypotheses presented in certain affidavits. Moo

If this had not been an early rumor in this case and had SG not mentioned a "kill kit," I would think it was just a guess or theory, but IMO, the judge has now seen the facts in this case and was speaking from what he believes to be true. JMO.

In any case, to me your original post read as if fact that the perp was seen utilising a bag to change clothes. Imo that remains speculative at this time and what Hippler said doesn't change that.

My post specifically said JMO. Unless things on the internet have drastically changed overnight, that means that what I said was "Just My Opinion" and should not be interpreted as anything more than my opinion. JMO.

ETA, the thing about BF seeing a (nude)man, jmo, is something very likely made up by the Daily Mirror a couple of years ago.

We'll find out what BF saw, if anything, during trial. JMO.

All JMO.

 

[Cool Cats]

Hah, I also have some recollection of that earlier thread discussion. I vaguely remember chasing down an article which showed there was at least one other dog resident on the street. I have no source ATM and would have to go through earlier posts to find the report, which was in MSM and covered an interview with a neighbour. Will try to find the time but yeah, think my main thought is just it's not a foregone conclusion it was Murphy barking. I'm sure the dog situation will come out at trial. Maybe via DM's and possibly BF testimony, and by the person who analysed the audio recording. Moo

Idaho police offer new details about Kaylee Goncalves’ dog at the crime scene

Investigators previously revealed that the dog was found inside the home when officers arrived on the scene of the murders on 13 November

www.the-independent.com

When DM opened her door a third time, she saw a male figure clad in black clothing and wearing a mask over his mouth and nose.

DM told police that she stood in a "frozen shock phase" as the figure walked past her and out the sliding door that allowed access to the second- and third-floor bedrooms. She described the man as having bushy eyebrows.

DM also told investigators that she heard Goncalves' dog barking throughout the night.

Former FBI agent Jennifer Coffindaffer, who is not connected to the case, told Newsweek
that DM's information was important to the investigation.

"She gives us insight as to the girls, meaning Maddy and Kaylee, being killed first and then Xana and Ethan later," Coffindaffer said. "It makes it clear from her timelines and the reflections of what she shared and of course what she saw."

Coffindaffer said DM's eyewitness account to the suspect also alerted investigators that there was one male perpetrator.

"[DM] dialed down all those questions: one perpetrator, a male perpetrator, and gave a general description matching Bryan Kohberger," Coffindaffer said.

 

[wendy44]

If AT takes the IGG stuff to supreme court, would this delay the trial?

Just my guess, but no--the evidence is in and they'll have to pursue it on appeal if he's convicted. I was wondering if appeal is automatic in death penalty cases and found this on the Idaho State Court of Appeals site:

(a) Appointment of Attorney. Immediately following the imposition of the death penalty, the district judge who sentenced the defendant must appoint the State Appellate Public Defender, who must assign 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. This appointment must be made in compliance with the standards in Rule 44.3, and the attorneys appointed must be someone other than counsel who represented the defendant prior to the imposition of the death penalty. This new counsel will not be considered to be co-counsel with any attorney who represented the defendant prior to the imposition of the death penalty, and may also be appointed to pursue the direct appeal for the defendant.

I.C.R. 44.2. Mandatory Appointment of Counsel for Post-Conviction Review After Imposition of Death Penalty | Supreme Court

isc.idaho.gov

So it looks like he'll be assigned new attorneys on appeal if it's a death penalty case. If it's not death penalty you can still be entitled to an appellate public defender.

JMO