4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #104

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  • #1,041
Order on States Motion in Limine RE Neuropsychological and Psychiatric Evidence

Thx @MassGuy

From page 5 of Order:
"Evidence of ASD to Explain Demeanor Is Only Admissible If Defendant Testifies."

From page 7
"Court has had the opportunity to observe Defendant through multiple hearings over the past several months, some lasting all day. Not once has the Court perceived Defendant to be acting in an odd or incongruent manner or otherwise demonstrating signs at counsel table that would warrant any explanation to the jury. His demeanor has been entirely appropriate....

"While the Court is not blind to the fact that the jury will be scrutinizing Defendant's courtroom behavior during trial, allowing testimony about his ASD to explain his courtroom behavior amounts to judicial endorsement of improper evidence. If anything, presenting evidence of Defendant's ASD will focus the jurors even more on Defendant's behaviors that they likely would not have noticed in the first place. It may also diminish the weight assigned to evidencethe jury is instructed to consider in aiding its determination of guilt, despite instructions to the contrary. It essentially invites the jury to consider the character of the accused to determine guilt, which is not proper except as allowed by IRE 404. In this sense, the evidence runs the risk of being unfairly prejudicial to Defendant...." bbm
Page 8
"Consequently, if Defendant does not testify, evidence of his ASD to explain his courtroom demeanor is inadmissible under IRE 401 and 403." bbm

 
  • #1,042
Did Bryan post the thumbs up photo as his profile pic and did he post a comment?
 
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Did Bryan post the thumbs up photo as his profile pic and did he post a comment?
IIRC it was just a selfie found on his phone. eta timing, right after the murders.
 
  • #1,045
Camera angle, chairs, and posture
View attachment 579957View attachment 579959
Some hearings have different chairs
View attachment 579960

Photo with the suit
View attachment 579961

AT chair is lower.
Different type chair.
View attachment 579962

JMO
IMO chairs can be raised up and down . I sit taller in high heels . It’s just the angles of the images .
 
  • #1,046
I agree, I really like Judge Hippler. I think he is the perfect judge for this trial. One thing I have noticed in the last hearing specifically, and it frankly did not sit well with me, is that, at times, at least one attorney from each side addressed him as "Judge". I know that is acceptable, but to this old guy, anyway, I find it to be almost disrespectful. I think "Your honor" is much more appropriate, and hopefully when we get to trial, he will be addressed as that always. JMO

I noticed that too, I think it stood out to me because I don't think it would fly here. It's "Your Honour" period.

I do see what you’re saying about the camera angle and zoom.

However, it’s my opinion that the defense is indeed trying to project some kind of aura suggesting that BK is not a fully adult man.

Generally defense attorneys urge (or force) their male clients to wear a tie in court, so as to look more seemly.

Why did Bryan wear a tie in the first picture, but in the second not only is his jacket removed, but so is his tie?

IMO it makes his presentation appear sloppy, which is the opposite of the effect most defense attorneys hope to achieve.

I agree with @Warwick7, losing the jacket makes his shoulders seem less bulky, hence more weak, hence less threatening, hence incapable of committing a quadruple murder. Or so his attorneys hope.

Tricks are for kids. The DNA undoes all this posturing.

IMO

Also note the bagginess of the shirt! Another obvious ploy to make him look smaller 🙄
 
  • #1,047
@Warwick7 Thx for tracking down the GHI podcast.

GH said this email proves some things being known and offers the images of it.
Did GH identify the source of the email?
The originator, the first recipient, any one else who forwarded it to GH?

I see the Nov. 22 date and time.
When was it was fowarded (as email) or sent (hard copy) to GH? Did he say?

Was ^ covered in this podcast?
I may have missed it, as I read the youtube transcript, did not watch or listen.

Anyone? TiA.
He does discuss some of that. I just can't remember off the top of my head.
 
  • #1,048
I forgot about this -- 14m mark in the video.

The Defense wants BK's selfie out because 1. it's irrelevant and 2. it's too prejudicial.

Ha!

How is a photo showing the defendant as close to the time of tge crime in any way irrelevant? Because it's too accurate? Ha!

It's not prejudicial, it's incriminating. No wonder she's desperate to get it thrown out. Alongside everything else.

Nice to see that the judge was swayed.

JMO
Quoting myself because my keyboard has issues and it's too late go correct my post. Never mind the typos, I *meant* it's nice to see that the judge WASN'T swayed.

JMO
 
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  • #1,050
I noticed that too, I think it stood out to me because I don't think it would fly here. It's "Your Honour" period.



Also note the bagginess of the shirt! Another obvious ploy to make him look smaller 🙄
Yes, the shirt! It appeared to be a full-cut shirt, and not a tapered or slim cut shirt, which would fit him better. The sleeves were so baggy that any musculature in his arms was completely concealed, which I'm sure was not unintentional. Defense certainly didn't want anyone to picture those arms as being capable of plunging a combat knife into 4 sleeping/intoxicated college kids. He has gone from wearing what appeared to be well-tailored suits to wearing old man, wrinkled and baggy shirts that look about a size too big, which as you astutely point out, make him appear smaller. JMO
 
  • #1,051
@BrianEntin


Was Bryan Kohberger trying to erase his Amazon history?New court doc:After the murders, activity on Amazon account "showed the user navigated pages related to the deletion of account activity and, a week later, viewed pages associated with a Ka-Bar knife and sheath."

1745007044630.webp


3:13 PM · Apr 18, 2025




Bryan Kohberger judge ruled surviving roommate can testify about bushy eyebrows.Defense wanted it excluded.


3:29 PM · Apr 18, 2025


DNA testimony and suspect car testimony will also be allowed in, judge has ruled.


3:30 PM · Apr 18, 2025
 
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Of note as well, in that same excerpt---the knife and sheath was sent to "Bryan Kohberger" at his parents's house. The account that made the purchase also viewed pages related to the shipping progress of the knife and sheath.

So, unless we are positing that BK's parents just accidentally used his account and payment method to make a purchase of the knife and sheath and paid no attention to ANYTHING coming up on their screen that verified that it was being shipped under BK's name....and then after the murders, they coincidentally again used his same account to research how to delete his account activity--BK bought it himself.
 
  • #1,053
Excellent news re the DCD not being admissible as it was a prior diagnosis and not applicable now. They cant argue he was physically unable to do it.
 
  • #1,054
Also excellent news re the ASD only admissible if he testifies.
 
  • #1,055
Pointing out we dont know what exactly he was doing when the user " navigated pages related to the deletion of account activity ". Account activity is also browsing history. My thought is he was checking if he could delete browser history so that when he when looking a week later he knew he could delete the history of his looking at the same knife.As a thought.

If he disposed of the knife, he might want to look at a picture to relive the thrill, but not want his family to see he was looking at it. (Assuming guilt, of course) Amazon throws up suggestions based on your browsing history. If you don't clean it up, you will be forever inundated with barstools long after you purchased what you wanted.
 
  • #1,056

So many interesting bits in here.

Re: Timing Advance Records

"Defendant will be allowed to voir dire Special Agent Ballance outside the presence of the jury to ask whether he received Defendant's TA records covering the early morning hours of November 13, 2022 and the months prior, when Defendant was believed to have been in the area of 1122 King Road. However, if Agent Ballance denies having received the TA records, Defendant may not explore the matter further, either in voir dire or before the jury, given the absolute lack of any factual basis supporting his position that the State is hiding them.'° Thus, the State's motion is GRANTED, except as qualified regarding the very brief voir dire outside the presence of the jury.

footnote: Mr. Ray's affidavit, which forms the basis of the Defendant's challenge, is replete with speculation and unfounded, and, thus, highly improper accusations against the State. Further, not once in his affidavit does he address AT&T's seven-day retention period, which fully explains why the State was unable to obtain relevant TA records for Defendant."

I think that's pretty definitive.
 
  • #1,057
This thread is closed. Please continue at Thread #105
 
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