4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #106

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  • #621
Kohberger’s family can remain in the courtroom throughout the trial. Their testimony is narrow in scope, and they’ve already given documented interviews which will serve to prevent them from changing their testimony based on what they hear in court.

Confirmation that the May, 5 hearing had to do with the prosecution’s effort to perform their own psychological testing.

Their motion was granted, but they cannot perform personality testing on Kohberger. Representatives for the defense will not be allowed in the room.
Darn, I was hoping they could do further personality testing to add to his Defense's description. I don't think theirs goes far enough.
 
  • #622
  • #623
I agree the Lawyers make the actual Plea Deals, but I disagree that they aren't discussed with victims (or families of the victims) before the State accepts them in certain cases.

I've seen it happen where the Prosecution has asked the family if they wanted to take a chance at trial or accept a plea offered by the Defense, even if it was less than what they expected. Usually it seems to happen when they are lacking rock solid evidence.

I also find that in most of these situations, the families typically accept the Plea Deal because the emotional and physical toll is already so great at that point, they do not want to sit through a long, traumatic public trial with the possibility of a Not Guilty Verdict.

JMO
Yup! That's been our experience. My cousin chose to let them offer a plea deal in his son's murder. And it's because it was a no-body cold case 25 years old.
 
  • #624
I know the families don’t have any real say, but would SG by agreeable to LWOP? Reality is, unless different in Idaho, death room inmates spend 10, 20, 30 years on DR. Some even die of natural causes on DR.
SG probably not, but there are other families involved here: Ethan's parents and siblings, Maddie's bio father, who was interviewed way back (there were links on here), her mother and I think a step-father, Xana's father and mother, plus an aunt, who brought Xana and her sister up for a few years - this info was all on thread way, way back. For all I know, there could be some of these people opposed to DP, but they likely won't get a say either. They've generally been much quieter about the case.

MOO
 
  • #625
We know why AT is avoiding personality testing. A more complete evaluation will better account for his messed up nature, and those diagnoses fit nowhere on the protection from DP list. ASD isn't there either, but she was throwing a short yard dart on a big lawn in the hopes the judge might decides to pioneer new caselaw, or a side of coleslaw to go with her word salad. Not gonna happen. 119 is never going to be less than 70.

I did think maybe the Defense's expert opened the door by saying that BK didn't fit the criteria for antisocial personailty disorder.

But really? Doesn't he? Granted it's limited, but some law breaking. Drug use.

And the ASD, they're basically making an expert theoretical diagnosis based on historical, anecdotal data. How I might have diagnosed him if I were there at the time...

Conveniently IMO the defense expert probably didn't have much adult data to go by when concluding he didn't fit for ASPD. And maybe that one's not the best fit. NPD probably fits him. Like a glove. A medical nitrile glove.

It's unfortunate that the State will be limited in what they can rebut, during the sentencing phase, credit to AT for playing the schedule as she has and choreographing a very narrow door for the State. Good lawyering on her part.

Anyone else find it Bryany how he thinks he's above the questions being asked of him? Just skips over the ones he doesn't feel like answering...

Proving once again, he doesn't think the rules apply to him.

JMO
Agree.
Defense disaster, testing returns a a report that their client a functional adult psychopath or sociopath with high homicidal tendencies.
 
  • #626
I found this footnote (you know my obsession with a good footnote) on Judge Hippler's response linked above by Massy in the Order on States Motion for Examination and Deadline:

<snipped>

Footnote 7 on Page 5:

One of the Defendants forensic Psychiatrists, Dr. E.R., concluded in her expert report that the "Defendant" does not have a childhood history of behavior that is consistent with conduct disorder or antisocial personality disorder in adulthood, nor does he meet the criteria for antisocial personality disorder.

IMHO, BK did this because he wanted to do this.
I agree.

But I'm certain AT curated her expert very carefully. BK didn't meet the criteria for much of anything as an adult because he didn't input enough answers and she didn't have enough anecdotal data (because the expert didn't ask for any) to fill in the answers herself. AT does not want BK diagnosed in full. One, it might jeopardize the ASD angle she's trying to sail (because it better accounts for his peculiar personality) and two, it'll make him less sympathetic and more unlikable if he's got the whole dreaded Cluster F, it'll be much easier for the jury to align the crime with him. That fine line the judge described. Where mitigating looks more like aggravating.

IMO the only reason BK doesn’t have a childhood history of conduct disorder is because his parents were invested in protecting him from the consequences of his nature, with the best of intentions.

100% he did this because he wanted to. Decided to, planned to, planned for, wanted to and did.

JMO
 
  • #627
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  • #629
Interesting. FBI CAST agent, Nick Ballance, will be testifying in the Lori Vallow trial in June. The prosecutor in that case is asking that video of his part of the trial not be live streamed because he is also involved in undercover work.

 
  • #630
Darn, I was hoping they could do further personality testing to add to his Defense's description. I don't think theirs goes far enough.
By design.

Reverse engineered. Look for anecdotal evidence to support a historical diagnosis. Voilà. Look no further than that.

Now, having arrived at that historical diagnosis work it forward and apply it in present time.

A real evaluation wouldn't probably start there but for sure it wouldn't end there! A comprehensive assessment might lead to much better fits, which the last thing AT wants. Even if it's true. Because it doesn't help his defense. And could very well hurt it.

Win for her today, that the State can't rebut with all of what's wrong with BK.

State doesn't need it anyway. They've got the goods -- hard evidence against him. Why he did it, what goes on in his bryains might one day explain what he was and wasn't thinking, what he is and isn't capable of feeling. More valuable to the State, they will show that he did it.

 JMO
 
  • #631
At 6:14 what is this about defense saying there is allegedly some kind of clean up in the bathroom?
What?
Oh, my. I can't help but think of the Delphi Defense who invented an entire crazy scenario in an attempt to obscure brutal facts, blood letting and runes on trees.

Is it possible that DM was right, there was crying from the bathroom, and that is where XK was first injured, and she crawled or was dragged to where she was fatally injured, and AT is going to call drag marks attempts at clean up?

I never trust a defense at first blush because frankly I've read too many franks (Frank's motions)

JMO
 
  • #632
At 6:14 what is this about defense saying there is allegedly some kind of clean up in the bathroom?
What?
The problem is, if the defense is promoting it, then it is a lie.
 
  • #633
Oh, my. I can't help but think of the Delphi Defense who invented an entire crazy scenario in an attempt to obscure brutal facts, blood letting and runes on trees.

Is it possible that DM was right, there was crying from the bathroom, and that is where XK was first injured, and she crawled or was dragged to where she was fatally injured, and AT is going to call drag marks attempts at clean up?

I never trust a defense at first blush because frankly I've read too many franks (Frank's motions)

JMO
That is if we are to believe the defense. It's probably a lie.
 
  • #634
I agree.

But I'm certain AT curated her expert very carefully. BK didn't meet the criteria for much of anything as an adult because he didn't input enough answers and she didn't have enough anecdotal data (because the expert didn't ask for any) to fill in the answers herself. AT does not want BK diagnosed in full. One, it might jeopardize the ASD angle she's trying to sail (because it better accounts for his peculiar personality) and two, it'll make him less sympathetic and more unlikable if he's got the whole dreaded Cluster F, it'll be much easier for the jury to align the crime with him. That fine line the judge described. Where mitigating looks more like aggravating.

IMO the only reason BK doesn’t have a childhood history of conduct disorder is because his parents were invested in protecting him from the consequences of his nature, with the best of intentions.

100% he did this because he wanted to. Decided to, planned to, planned for, wanted to and did.

JMO
100%
 
  • #635
That is if we are to believe the defense. It's probably a lie.
Or like Delphi, taking a detail that incriminates BK and rewriting into something to pretend otherwise.

And we might become horrified to learn that what she's going to call 'cleaning up' was actually a victim dragged or crawling through her own blood.

No way did BK clean up anything unless he was washing off or wiping his own knife clean. Maybe BK stole a towel.

JMO
 
  • #636
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  • #638
It rarely disappoints here, thanks to all you knowledgeable folks.
 
  • #639
It's just his recap of those two documents that were released today.
When I saw the white suit I thought it would super good. Just a recap, bummer...
 
  • #640
I guess I thought the question was addressing the red drips on the exterior foundation wall, not on the kitchen cabinets. Looking at the photo again I am fairly certain it is blood. Not sure that has been confirmed although apparently at some point the coroner said something to the effect that it would be consistent with blood from the crime scene. I have also included a diagram of a sill plate that caps a foundation wall and upon which floor joists sit.

Edit: this sill plate is different from the one in the house, which actually capped a basement foundation wall, but the concept is still the same
 

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