4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #103

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  • #161
Based on the various defense filings & arguments, do you think AT will be yelling objection constantly throughout the actual trial?
 
  • #162
Thank You! I couldn't think of the exact wording because Migraines leave me in a brain fog.
Welcome! Of course there’s the Latin version but “Why waste time say lot word when few word do trick”. Kevin Malone
 
  • #163
<modsnip>I wonder where they would get the money to come across the country, stay in hotels, food, expenses, to actually attend BK's trial, for the entire time?!

That is a huge chunk of money. I really don't see how they could afford it, unless they mortgage their home, not the smartest thing to do at retirement age.

They may not be allowed to be in the courtroom for the entire trial, even if they wish to be.

Prosecutors will be filing their witness list with the judge by April 21 and any of Kohberger’s family included on the list “should be excluded from the courtroom until they testify,” the prosecutor wrote.

It is standard procedure for witnesses to be barred from attending trial until after they’ve taken the witness stand, to prevent anyone from tailoring their testimony to fit with other witnesses or evidence.

 
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  • #164
Based on the various defense filings & arguments, do you think AT will be yelling objection constantly throughout the actual trial?
Only if they use the word "Murder".:rolleyes:
 
  • #165
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  • #166

“Mr. Kohberger’s motion seeks an order preventing the state from introducing inflammatory evidence. Mr. Kohberger does not yet know what exhibits the State will offer, he does not yet know what testimony the state will elicit, and he does not yet know the arguments the Prosecutor will make. He seeks an order preventing his trial from being infected with inflammatory evidence.”
Is this a warning that everything that the defense perceives as potentially “inflammatory” (which could be basically anything the state or its witnesses say) is going to merit an objection? Ugh. This trial’s going to last forever.
 
  • #167
From this document https://coi.isc.idaho.gov/docs/CR01...uropsychological+and+Psychiatric+Evidence.pdf

I noticed a line about “the legal and factual issues in this case (whether the Defendant committed four murders and burglary)” and am wondering about the mention of “burglary.” Is that term used synonymously with “breaking and entering,”or does it indicate the perpetrator actually took something from the premises he broke into (like, say, those earbuds BK is incongruously sporting in the ghastly shower selfie)?
 
  • #168
That may be true. But we don't know the kinds of "daily life difficulties" BK faced. We know when they arrived in Washington, his dad was trying to find people to be BK's friend. And we do know BK had trouble relating to graduate school colleagues, both faculty & students. Are people really arguing BK did not show signs of social impairment?
MOO
Jumping off your post, there is a difference between NG by reason of insanity (Idaho does not appear to allow this) and not not competent to stand for trial. I don't know that people are saying there was no sign of social impairment, but more that if BK is the killer, there is not evidence he is so impaired that he didn't know that taking a large knife designed to kill and killing people with it was wrong. That's the impression I get, even as I also get the impression that that is where AT is trying to head, that BK is not competent to stand trial.

I could be wrong, but it is my impression. JMO, as always.
 
  • #169
From this document https://coi.isc.idaho.gov/docs/CR01...uropsychological+and+Psychiatric+Evidence.pdf

I noticed a line about “the legal and factual issues in this case (whether the Defendant committed four murders and burglary)” and am wondering about the mention of “burglary.” Is that term used synonymously with “breaking and entering,”or does it indicate the perpetrator actually took something from the premises he broke into (like, say, those earbuds BK is incongruously sporting in the ghastly shower selfie)?
My understanding is that burglary is the unlawful entry into habitable dwellings for purposes of committing theft or other felonies. Theft might be the purpose, but you don't have actually had to take anything.
 
  • #170
So maybe a Dick's tag not a Dickies?

Separate things--because the Dickies tag was in the Washington apartment with the Walmart receipt while Dick's Sporting Goods balaclava purchase was on Jan 10, 2022 and would have been while he was still living in PA .
 
  • #171
  • #172
Separate things--because the Dickies tag was in the Washington apartment with the Walmart receipt while Dick's Sporting Goods balaclava purchase was on Jan 10, 2022 and would have been while he was still living in PA .
Good point. Although I, personally, reuse Walmart bags and sometimes have things for years I haven't removed tags from. Just this past weekend while cleaning out my closet in fact, I found a Walmart bag with three skeins of yarn from Joann, with a receipt from 2022 (so embarrassing to admit, but true). It's what made me wonder when I saw the bit about Dick's Sporting Goods.

It's hard being a squirrel.
 
  • #173
One more remark about the frightening thumbs- up selfie -- knuckles are white when hand is gripping hard, when it's swollen, or skin is dry and tight. I think it's swollen, and the thumb blister (MOO that it's a blister) could be from digging with a shovel. MOO about state of his hand.
The first thing I noticed was the white knuckles.
 
  • #174
The thing that I am wondering is whether BK still had that photo on his phone, when he was arrested, or whether he had deleted it, but LE were able to recover it. He had to know, at some point, that he was, at the very least, A suspect, if not THE suspect in the murders, as seems to be borne out by the wearing of gloves at home, and the separation of his trash from that of the family, placing his in a neighbor's bin. As much excitement or arousal as he probably derived from reliving the murders when looking at it, surely he had to know that THAT picture, along with THAT date and time stamp, would act as an exclamation mark on his proclamation of responsibility for the deaths of Maddie, Kaylee, Xana, and Ethan.
Would LE have been able to find out how many times BK had himself looked at that photo?
 
  • #175
Defendant's Reply to State's Response, MIL, RE Vague and Undisclosed Expert Testimony

Whoa.

State's expert has BK in Moscow (utilizing a certain tower) between July 9, 2022 and November 7th, between 10 pm and 4am -- 23 separate times

jmo
July 9?!!!!
 
  • #176
Jumping off your post, there is a difference between NG by reason of insanity (Idaho does not appear to allow this) and not not competent to stand for trial. I don't know that people are saying there was no sign of social impairment, but more that if BK is the killer, there is not evidence he is so impaired that he didn't know that taking a large knife designed to kill and killing people with it was wrong. That's the impression I get, even as I also get the impression that that is where AT is trying to head, that BK is not competent to stand trial.

I could be wrong, but it is my impression. JMO, as always.
Yes, the issue AT seems to be describing is one of competence to stand trial and aid in one's defense-- an issue that can arise in ANY trial in ANY state. People tend to confuse that issue with those of an affirmative defense like Not Guilty by Reason of Insanity. (NGRI) But they are quite different. NGRI involves the defendant's state of mind at the time the crime was committed. Apparently Idaho doesn't recognize the defense of NGRI. Competence to stand trial has to do with what is going on at the time of trial. So it makes no sense to say "he's competent. He knew right from wrong when committing the crime."

Generally the bar for competence is rather low. Aiding in one's defense doesn't mean having the knowledge of an experienced attorney. But if we do try an incompetent person, the trial can be overturned for a do-over.
MOO
 
  • #177
They may not be allowed to be in the courtroom for the entire trial, even if they wish to be.

Prosecutors will be filing their witness list with the judge by April 21 and any of Kohberger’s family included on the list “should be excluded from the courtroom until they testify,” the prosecutor wrote.

It is standard procedure for witnesses to be barred from attending trial until after they’ve taken the witness stand, to prevent anyone from tailoring their testimony to fit with other witnesses or evidence.

True, but there are ones where the family have been allowed to stay, the Casey Anthony springs to mind. They sat through the whole trial and they both testified.
 
  • #178
Good point. Although I, personally, reuse Walmart bags and sometimes have things for years I haven't removed tags from. Just this past weekend while cleaning out my closet in fact, I found a Walmart bag with three skeins of yarn from Joann, with a receipt from 2022 (so embarrassing to admit, but true). It's what made me wonder when I saw the bit about Dick's Sporting Goods.

It's hard being a squirrel.
1743065241518.webp
 
  • #179
  • #180

“Mr. Kohberger’s motion seeks an order preventing the state from introducing inflammatory evidence. Mr. Kohberger does not yet know what exhibits the State will offer, he does not yet know what testimony the state will elicit, and he does not yet know the arguments the Prosecutor will make. He seeks an order preventing his trial from being infected with inflammatory evidence.”
Is this a warning that everything that the defense perceives as potentially “inflammatory” (which could be basically anything the state or its witnesses say) is going to merit an objection? Ugh. This trial’s going to last forever.
Everything about this mass murder is inflammatory, take 1122's ( perp nickname) post photo for example? It's sickening.

Every piece of evidence that shows his premeditation, pre occupation actions to committing this horror will definitely arouse anger, sadness, disgust, nausea and then , hand over mouth- relief that LE found the killer.

Can't imagine family seeing the evidence, witnessing the story of his design to murder their innocent child going to college.Ugh day by day watching prosecution use months of video leading up to those photos of their child's lifeless bodies. His thrill kill

The families in this courtroom could all use a bus of emotional support dogs for distraction and a cadre of counseling throughout.

There is no keeping the vomit down.
All of it, inflamatory.
 
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