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

[NuttMegg]

I wonder if they had more than a professor/student relationship at some point & BK mistook a fling for something more serious or if it was just something from afar on BK’s behalf? I find it odd she is allegedly helping his defense, if even close to being true.

JMO

ETA clarity - if a fling occurred (not saying it did) & ended abruptly, this could be the catalyst for the issue towards women. I reiterate, it’s total speculation & JMO.

I had assumed it might have stemmed from rejection in HS for his weight. Clearly it takes hatred of women to do what he did.

 

[jepop]

Of course—-he will no longer be my fiancé once he becomes my husband!

Oh well, there:s always the chance of divorce

 

[girlhasnoname]

On point 4, why would AT run the work load this way? Micro managing is neither efficient or good for establishing effective team work. Especially in this case, it seems a poor approach to take. Team work and trust in other team members works better. Imo

I can see her as being obsessive and wanting control. It might have worked in her favor in other less serious cases, but it ain't happening here with Hammer Head Hippler. LOL

I was thrilled to learn he was the Administrative Judicial Judge for the Fourth Judicial District (Ada, Boise, Elmer and Valley Counties) when he got appointed here. He is an absolute Machine in organization skills and details.

JMO

 

[girlhasnoname]

Exactly! The old adage, if you want it done do it yourself, shows an unskilled, ill fit atty.

Right, no attorney could or should have tried this approach in a DP case with the voluminous amounts of Discovery. AT is a very good Defense Attorney IMO, but this was not a realistic strategy here.

JMO

 

[girlhasnoname]

Oh well, there:s always the chance of divorce

 

[vls12345]

Dang, Hippler is coming in hot! He's not mincing words. This may seem like a boring order, but don't skip it---shooting down a lot of defense claims.

So that it doesn't get buried, I'm putting my favorite line first...it will show up later in the post in context:

"Rather, Defendant asked for "everything" and "everything" is what he received. Defendant cannot demand everything under the sun and then complain about the weight of all the planets."

Defense should consider themselves lucky Hippler said this in a file order instead of verbally, on camera, during a hearing. Because I'd try to disappear through the floor if that was said to me.
---------
"Because Defendant has failed to show a discovery violation or due process violation by the State, sanctions are not warranted. The Court further declines to require the State to provide further organizational assistance to Defendant."

footnote 4:
"Despite presenting this motion in briefing as a Brady violation, at the hearing on the motion Defendant confusingly requested that the Court view the motion "not as a Brady violation but as a due process violation[.]" However, Defendant appears to misapprehend the scope of his due process rights regarding discovery. "There is no general constitutional right to discovery in a criminal case." Weatherford v. Bursey, 429 U.S. 545, 559 (1977). In fact, "the Due Process Clause has little to say regarding the amount of discovery which the parties must be afforded... " Wardius v. Oregon, 412 U.S. 470, 474 (1973). Rather, it is Brady and its progeny that serve to uphold a criminal defendant's due process rights with regard to discovery. As the United States Supreme Court has explained, "[t}he Brady rule is based on the requirement of due process. Its purpose is not to displace the adversary system as the 2 primary means by which truth is uncovered, but to ensure that a miscarriage ofjustice does not occur." Bagley, 473 US. at 675. Thus, it is Brady that governs the Court's analysis of Defendant's alleged due process rights violation."

Nice of Judge Hippler to process the violation motion correctly, despite the defense presenting it wrong.

"Specifically, the State contends that most of the data is from cell phone extractions and weeks of surveillance video footage throughout the Moscow area obtained following the homicides. It affirmed on the record that it is unaware of any Brady material in those videos other than those specifically identified in motion practice and otherwise throughout the case. Further, the State's experts who reviewed the various devices (including cell phones) and other digital data have disclosed opinions that they found no connection between Defendant and the victims from the devices and data."

Defense said they wanted everything so that they could try to make an alibi. They got everything.

"The State also notes that since this case began over two years ago, it has continuously turned over to Defendant all the information it received from the various investigating agencies in the same format as the information was received by the State."

footnote 6:
"The State explained that all the evidence in this case was routed to it from the various investigating agencies. Once received, the State would copy it and then place it directly on Defendant's server in the same fashion and format it was received. The State has maintained its files in that same format"

"State points out that on September 4, 2024-at approximately the same time as its discovery deadline it provided Defendant with a 320-page index identifying the location of requested discovery, a description ofthe evidence, and the date discovered. In addition, all of the evidence received from the FBI which comprises the majority-was provided to Defendant with a searchable index."

footnote 7
"In his reply, Defendant asserted that the State utilizes an pensive, technologically powerful case management software program called "Prosecutor by Karpel" which has a global search function to search all discovery and case documents at one time, generate reports from such searches and automatically transcribe audio and video files. Because he does not have access to similar technology, Defendant disputes he is on the same playing field as the State. However, at the hearing, the State disputed its evidence software program has any ofthese features. Instead, the prosecutors rely on a self-created spreadsheet to identify and manage discovery."
"First, while neither Brady nor ICR 16 prescribe the form discovery must take, it is well settled under federal law that there is no direct obligation for the government to identify or itemize Brady material for the defense."

"The State received the information from its investigating agencies, labeled the materials and turned them over to Defendant through a shared access drive in the same format as received. This method not only puts the State and Defendant on equal footing regarding discovery review, it also serves the important purpose of protecting against claims of missing or manipulated documents if the State puts them in a different format or organization or otherwise conveys them to Defendant in a different manner than received. While the State acknowledges that much ofthe discovery is "completely irrelevant," including surveillance videos and data from the numerous phones, computers and other devises, it did not produce it for purposes of padding the file or otherwise attempting, in bad faith, to hide Brady information in its haystack of information. Rather, Defendant asked for "everything" and "everything" is what he received. Defendant cannot demand everything under the sun and then complain about the weight of all the planets."
*slow claps* Sir, I bow to you!

"In addition, Defendant's complaints of being unable to meaningfully review the discovery ring hollow. Defendant has been receiving discovery in the same manner for over two years. In that time, he has not once sought a remedy from this Court to regulate discovery, such as requiring the State to provide discovery in a different format. He has not sought additional resources under ICR 12.2 to hire additional staff to review discovery or obtain litigation document control software to help organize and sort the evidence. His lead counsel insisted that she be allowed to take on a second high-profile capital case despite the voluminous discovery in this case.'° Further, at oral argument, lead counsel indicated that her practice is to personally review all the discovery herself, rather than rely on associates and staff to review materials to cut through the less relevant information and point to what materials need review by lead counsel. These actions are not indicative of an overburdened defense team. In fact, it is evident Defendant has been able to capably navigate the discovery given his more than robust motion practice, the scope and breadth of the experts retained and the disclosures filed"

In other words--if you are so overburdened, why are you spending endless hours filing ridiculous motions (not all of them are) and insisting that only 1 person can go through the discovery despite that person also having another death penalty case. Ouch!

I love the way Hippler cuts through the BS & clearly explains everything.

"State points out that on September 4, 2024-at approximately the same time as its discovery deadline it provided Defendant with a 320-page index identifying the location of requested discovery, a description ofthe evidence, and the date discovered. In addition, all of the evidence received from the FBI which comprises the majority-was provided to Defendant with a searchable index."

(RSBM.)

Was AT/the defense so busy crying wolf that they didn't notice indices?

Someone should compile a list of Judge Hippler's best witticisms and one-liners. This is my absolute new favorite, wrestling the top spot away from "It's not a bad act to buy things on Amazon". That is a book that I would buy. JMO

Me too.

 

[INfisherman]

Yeah, a touch of the crazy making there, but it didn't pass Hippler's smell test!

My close friends would tend to say, “I smell what you’re steppin’ in."

 

[girlhasnoname]

My close friends would tend to say, “I smell what you’re steppin’ in."

 

[girlhasnoname]

I love the way Hippler cuts through the BS & clearly explains everything.

Like a hot knife through butter with the facts to back it up.

 

[Arkay]

Oh well, there:s always the chance of divorce

Been there, done that!

In all seriousness, though——this below from @girlhasnoname, being a local, really validates that he is an on point, no time for nonsense judge, yet sprinkles his rulings with colorful statements that ring in the listeners’ ears.

A fantastic means of making his very valid points in an unforgettable way.

Hence the eager wait for him to actually write a book!

JMO, and how fortuitous it turned out to be that the defense wanted a change of venue.

I was thrilled to learn he was the Administrative Judicial Judge for the Fourth Judicial District (Ada, Boise, Elmer and Valley Counties) when he got appointed here. He is an absolute Machine in organization skills and details.

 

[Warwick7]

IMHO, the position KG was in would have made it very hard for him to actually have access to the front of her throat. She would have been in the process of sitting up, up against the corner of the walls--in that position your head is usually curled forward somewhat. Once he actually started attacking her, the natural instinct, IMHO, is to curl further inward to protect your vulnerable areas. Unless he was able to (and sorry for this image) grab her by the hair and pull her head back, he really wouldn't have had good access to her neck until after he had subdued her with some blows.

Brilliant...
You said: "Once he actually started attacking her, the natural instinct, IMHO, is to curl further inward to protect your vulnerable areas."
In M00 This is exactly what happened. At trial we are going to find out the damage done to her nose, teeth, hands, forearms, fingers and god forbid her neck.

 

[Cool Cats]

Yes to all of this.

My fiancé, (Judge Hippler to the rest of you) , is IMO making certain to highlight this continual back and forth—AT says there is such a monumental amount of evidence to peruse that she cannot keep up, yet she categorically refuses help from her team as she wants to be the one to do it all.

PLUS accepting another DP case when she’s allegedly overwhelmed by the case she already has in hand.

My hope is that on appeal, when/if it states ineffective counsel, the judge’s VERY CLEAR, pinpoint, laser focus on AT simultaneously complaining of too much to deal with, while refusing assistance, will void any hope of a successful appeal in this area.

Or, God forbid, could this be some devious ploy on the part of AT? Things aren’t going well for the defense, so she hopes BK appeals on grounds of ineffective counsel and gets a new trial?

Even as I type that I can’t see it being accurate. No lawyer in a notorious case wants to be considered a failure.

JMO

Wow. You say:

My fiancé, (Judge Hippler to the rest of you)

If you are indeed Judge Hippler’s fiancé you might be considered an insider and could get verified by Websleuths as an insider. I don’t know but you could ask the Mods about it.

2 Cents

 

[NuttMegg]

I just want to thank all of you for keeping up on this case. So much has transpired.

"Ms. Trying to catch up"

 

[SteveP]

Been there, done that!

In all seriousness, though——this below from @girlhasnoname, being a local, really validates that he is an on point, no time for nonsense judge, yet sprinkles his rulings with colorful statements that ring in the listeners’ ears.

A fantastic means of making his very valid points in an unforgettable way.

Hence the eager wait for him to actually write a book!

JMO, and how fortuitous it turned out to be that the defense wanted a change of venue.

I wish I had a nickel for every time AT has asked herself why on earth she ever sought a change of venue. Heck, I could start having eggs for breakfast again, maybe even the occasional 3-egg omelet. JMO

 

[femto]

But.....so would a slash from that knife across her face. Why punch, when the blade has every advantage?! One quick slice across the throat would keep her from screaming.

Last night I was listening to a couple of brilliant WSers. Could it be, she simply woke up to what was happening to Maddie and out of instinct started kicking at him?

I think he got so pi$$ed so ANGRY he clocked her with the butt of that knife. SG said he did see the autopsy for his daughter. He said she had multiple hits to her face.

Now....how do you go from holding the knife a certain way (stabbing MM) to quckly repositioning that knife to hit KG in the face with the butt?

Maybe BK "repositioned" his hand because she kicked his hand, the knife fell on Maddie and in one swoop he picked it up and hit her face repeatedly.

Or it was suggested, while stabbing MM the force of the knife caused it to become lodged with in a bone for just a second. He clocked KG from screaming with his fist, grabbed the knife again (in a different position) and used the butt to repeatedly hit her face.

Others have caused me to try to think outside the box...

We don't have all the evidence, but the way I envisoned it is that he quickly attacked Maddie, got surprised and angry that Kaylee was there or woke up and instinctively tried to fight him, so he decided to use his hands as a means to get her off him since I figure it would have been instictual and easier to use his hands rather than try to redirect his knife at Kaylee while trying to deal with Maddie. At that point he probably abandoned the knife itself until he picked it up later to finish Kaylee. This is also why I think he lost the sheath and didn't bother to recover the sheath - the crime went completely wrong and he went from silently killing a sleeping girl into having to actually enter a scuffle that would potentially wake everybody up. Then he got caught by Xana because he was in the hurry to leave and didn't bother waiting to hear if there were people active downstairs because he was in such a hurry to leave.

As sad as this is, Kaylee being there is probably the reason why he is caught. I can't imagine what would have happened if he just killed Maddie and left silently. He'd probably still be gloating. That DNA on the knife sheath really did him in.

 

[Arkay]

Wow. You say:

My fiancé, (Judge Hippler to the rest of you)

If you are indeed Judge Hippler’s fiancé you might be considered an insider and could get verified by Websleuths as an insider. I don’t know but you could ask the Mods about it.

2 Cents

LOL no, just a little levity.

I truly admire him, but all I know about him is this:

https://www.id.uscourts.gov/content_fetcher/print_pdf.cfml?Content_ID=3082

I don’t know his age, marital status or much about him, except that IMO he has steered the proceedings in the most excellent way.

ETA: the fact that he also presides over the Ada County Mental Health Court program may perhaps give him some insight into when a suspect is declared incompetent to stand trial, as AT has repeatedly asserted regarding BK.

 

[Megnut]

On point 4, why would AT run the work load this way? Micro managing is neither efficient or good for establishing effective team work. Especially in this case, it seems a poor approach to take. Team work and trust in other team members works better. Imo

Because she's not.

There is no reason for her to pour through, personally or otherwise, volumes of irrelevant data. No one should be duped into thinking she doesn't know where to look.

She tried her best to impress the judge (sanctions, suppress, drop), and when that failed, she groveled. Embarrassing. Nevermind he'd already told her he wasn't moving the trial date. The last time she told him, in open court, that she'd need more time, he leveled her argument. Said basically, how can you know NOW you'll need more time LATER? If you think you're going to need more time LATER, work harder/better/faster NOW.

Make no mistake, she is well-versed in the relevant discovery, has no intention to waste time on irrelevant discovery (and knows which is which), she's just running out of runway.

Which is of no real consequence anyway. BK and his brybrows is a hairplane that won't fly.

JMO

 

[Megnut]

Of course—-he will no longer be my fiancé once he becomes my husband!

I always thought one of many jobs of a judge is marrying people.

He can marry all of us. All d' single ladies.

Every day and twice on Sunday.

JMO

 

[Warwick7]

We don't have all the evidence, but the way I envisoned it is that he quickly attacked Maddie, got surprised and angry that Kaylee was there or woke up and instinctively tried to fight him, so he decided to use his hands as a means to get her off him since I figure it would have been instictual and easier to use his hands rather than try to redirect his knife at Kaylee while trying to deal with Maddie. At that point he probably abandoned the knife itself until he picked it up later to finish Kaylee. This is also why I think he lost the sheath and didn't bother to recover the sheath - the crime went completely wrong and he went from silently killing a sleeping girl into having to actually enter a scuffle that would potentially wake everybody up. Then he got caught by Xana because he was in the hurry to leave and didn't bother waiting to hear if there were people active downstairs because he was in such a hurry to leave.

As sad as this is, Kaylee being there is probably the reason why he is caught. I can't imagine what would have happened if he just killed Maddie and left silently. He'd probably still be gloating. That DNA on the knife sheath really did him in.

As for Xana, I have such a hard time processing that he probably did see the door dash guy. I mean, wouldn't it register in your beany brain that someone is getting that food, that means someone is up, that means not everyone is in bed passed out.

 

[INfisherman]

I always thought one of many jobs of a judge is marrying people.

He can marry all of us. All d' single ladies.

Every day and twice on Sunday.

JMO

Talk about the weight of all the planets…..

ETA weight implying burden, for clarity.