4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #107

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  • #1,081
If the trial is postponed, how far off would that be do you think?

Seriously, though:

“While prompt administration of justice is important — to both the state and Mr. Kohberger — the constitutional guarantee of a fair trial outweighs modest delay,” Taylor wrote. “And, because the majority of cases ending in the death penalty are later overturned for error, the public interest lies in ensuring a fair trial in the first instance.

Source: Kohberger defense asks judge to delay Idaho murder trial after case details leak

I guess it depends on what Hippler decides is “modest.”

I’m surprised by what Anne Taylor said about the majority of DP convictions being overturned on appeal (68% for error, according to the 2000 Columbia Law School study that AT refers to in footnote 9 on page 36 of her motion to continue).

Source: https://coi.isc.idaho.gov/docs/CR01-24-31665/2025/052025+Defendants+Motion+to+Continue.pdf

Another reason to end the practice, IMO (although the study AT references is 25 years old and the only one of its kind).

It’s a bitter pill to swallow, though, to see BK continue on while Maddie, Kaylee, Ethan and Xana persist only in memory.
 
  • #1,082
Just now beginning to catch up on the events of today, but she's been doing a good job. She's been filing motions, making arguments, etc. that all the other defense attorneys do these days in these high profile, horrific cases where the evidence is solid and investigations were highly professional and thorough.

She's getting as much of her version of the case in front of the public as possible. She's revealing as much of the evidence as possible, against the gag order. She's inoculating the media, public and potential jury pool against the most damaging evidence and arguments the state will be bringing forward against her client. She's proposaing every conspiracy theory and SODDI argument she can come up with. Planting the idea of a mistrial based on "ineffective counsel" is not a stretch, JMO, though it may be a new one. Pretty creative.
Unfortunately, her version of the case is a big fat lie, IMO, and her goal is to release a man who committed unconscionable acts and is likely to continue doing so if released.
 
  • #1,083
I am a resident and I am pi$$ed. And I've thought from the beginning that the defense underhandedly leaked the info to delay, delay, delay or get the DP off the table. Such a snake in the grass move.
I’m so sorry for you and your state @sassyblue. I was torn between loving your post and angry, and selected angry because it makes me so mad a monster came into your state/community to perpetrate his evil deed taking the lives of four beautiful, promising young souls, and all the fallout aka collateral damage he caused to the surviving victims’, the families, the community, state, and the financial burden you and your fellow Idahoans suffer due to the heinous, evil actions of a madman. It’s as infuriating as it is unfathomable.

Wow if that ends up being the case, snake in the grass move indeed and I’ll add, dirty slimy trick. I’ve been leaning in another direction on that point hmmmmm, we’ll see. o_O
We wait...

#JusticeforKaylee,Maddie,Xana,and Ethan

IMHOO
 
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  • #1,084
If BK is "not guilty" as AT insists, then the trial should be as fast as possible. After all, an innocent man should not sit in jail for years.

 
  • #1,085
Really good visual of how this may have happened.

My God, GH depicts Xana carrying her phone when she sees BK in Maddie’s room. A phone in her hand, yet she couldn’t call 911 in her desperate flight back down the stairs. No ability to alert Dylan, scream for Ethan. All her attention focused on survival, getting away from the killer, getting to Ethan. Poor Xana—her death was even more tragic if GH has it right.

And the way he depicts Dylan and Xana barely missing each other before Xana ascends the stairs—so like a play, but deadly real.

If only they had crossed paths and called 911 — the police just minutes away! They both had phones in their hands. But a more likely scenario would be that they climbed those stairs together, and we would have heard about the Idaho 5, not the Idaho 4, the next day.
 
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  • #1,086
Good golly, Anne. We'll start an online collection for you to cover the cost of you getting the discovery management software. We'll even throw in some help--heck, I bet we can find some law students who would love a summer internship.
 
  • #1,087
The Dateline stuff was more of an afterthought in this filing, yet we get headlines like this. I think someone is mad about getting scooped.
I’m sure you’re probably right MG, and ughhhhh that photo gets me every time. What innocent of slaughtering four people to death walks into court hearing smirking for the cameras/audience?!?!
Dupers Delight much? 😡

#JusticeforKaylee,Maddie,Xana,and Ethan

IMHOO
 
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  • #1,088
I’m sure you’re probably right MG, and ughhhhh that photo gets me every time. What innocent of slaughtering four people to death walks into court hearing smirking for the cameras/audience?!?!
Dupers Delight much? 😡

#JusticeforKaylee,Maddie,Xana,and Ethan

IMHOO
Has the vibe of just arriving to class. Not a serious situation.
 
  • #1,089
Has the vibe of just arriving to class. Not a serious situation.
Yes exactly! Thanks for succinctly elaborating on my point @Boxer.
Spot on.

#JusticeforKaylee,Maddie,Xana,and Ethan

IMHOO
 
  • #1,090
Really good visual of how this may have happened.

If GH is right, this might explain why BK killed Xana, but not Dylan:

Dylan didn’t actually SEE Kohberger kill anyone, but Xana did.

IMO
 
  • #1,091
Is this new info? Where did it say it was part of a drug sting?

Does not say that this has been said by the court or prosecution or defense. Rumors going around on social media, please ignore unless we get a verified insider or until a MSM reliable source comes out, or it comes out in a Motion or Hearing. ... Etc

2 Cents
 
  • #1,092
One jury though. With a hiatus in the middle? Yeesh.

An extension doesn't guarantee any of the things AT is claiming and/or asking for.

I hope his response sounds like: "do your job, Counselor."

In a delightfully quotable way.

JMO
Do you think this is a possibility?
Does it seem that the defense is effectively controlling the trial by being unprepared and using that as a veiled threat for grounds of appeal?
How much more will it cost the county, state of Idaho if AT gets her way and the trial is postponed? When does it stop? Do we have any idea of the cost of this case, from investigation to incarceration , lawyers, hearing yada yada
 
  • #1,093
Do you think this is a possibility?
Does it seem that the defense is effectively controlling the trial by being unprepared and using that as a veiled threat for grounds of appeal?
How much more will it cost the county, state of Idaho if AT gets her way and the trial is postponed? When does it stop? Do we have any idea of the cost of this case, from investigation to incarceration , lawyers, hearing yada yada
He is guilty and doesn't want a trial (more specifically, for a trial to end.)
He also doesn't want to plead guilty and go straight to prison for life or death row.
So AT is the enabler.
 
  • #1,094
Do you think this is a possibility?
Does it seem that the defense is effectively controlling the trial by being unprepared and using that as a veiled threat for grounds of appeal?
How much more will it cost the county, state of Idaho if AT gets her way and the trial is postponed? When does it stop? Do we have any idea of the cost of this case, from investigation to incarceration , lawyers, hearing yada yada

He could postpone it ten years, she's not going to find a SODDI or an alibi, no matter how many generations back she goes.

If the judge granted her a month or six months, what exactly is she going to do with that time? She filed the motions, that's her job, but she can't really think the judge is going to delay it because it's just so hard, hard, hard to do her job.

Even if, at the 11th hour, AT uncovered some causal mental health issue in one of BK's ancestors, there's NOTHING to say it would change the outcome of his sentencing. Every convicted criminal has a story. There are always reasons. Doesn't mean it rises to the level of appeal.

AT, with a straight face, is arguing for more time because she needs to launch an investigation into BK's entire family tree back to Adam and Eve in order to determine which experts to call.... this from the same attorney who has asked a doctor to look at BK's childhood and draw an ASD conclusion while summarily NOT subjecting BK to a full mental health evaluation. She would rather the judge think she sincerely intends to scour his family's health records back to papyrus in search of FAS somewhere back there than risk getting BK formally diagnosed with labels she won't be able to mitigate. Like antisocial personality disorder, narcissistic personality disorder, etc. Disorders for which there is no legal mercy.

I'm ready to see how Judge Hippler handles this.

JMO
 
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  • #1,095
  • #1,096
Do you think this is a possibility?
Does it seem that the defense is effectively controlling the trial by being unprepared and using that as a veiled threat for grounds of appeal?
How much more will it cost the county, state of Idaho if AT gets her way and the trial is postponed? When does it stop? Do we have any idea of the cost of this case, from investigation to incarceration , lawyers, hearing yada yada
As an example, the Delphi case cost over $4m and it wasn't even charged as a death penalty. I can't imagine the final numbers on this case.
 
  • #1,097
Bryan Kohberger defense team says James Patterson's book coming out 16 days before the trial is a problem.

Bryan Kohberger's defense team is trying to delay the trial -- blaming partly the gag order violation and the leaks to Dateline.

New doc here:

https://coi.isc.idaho.gov/docs/CR01-24-31665/2025/052025+Defendants+Motion+to+Continue.pdf



AT and her motions are great publicity for JPatterson. He'll want to thank her for that.

Judge doesn't have to change a thing. AT already has the capacity to ask potential jurors if they read Patterson's book or watch Dateline episodes --

JMO
 
  • #1,098
He could postpone it ten years, she's not going to find a SODDI or an alibi, no matter how many generations back she goes.

If the judge granted her a month or six months, what exactly is she going to do with that time? She filed the motions, that's her job, but she can't really think the judge is going to delay it because it's just so hard, hard, hard to do her job.

Even if, at the 11th hour, AT uncovered some causal mental health issue in one of BK's ancestors, there's NOTHING to say it would change the outcome of his sentencing. Every convicted criminal has a story. There are always reasons. Doesn't mean it rises to the level of appeal.

AT, with a straight face, is arguing for more time because she needs to launch an investigation into BK's entire family tree back to Adam and Eve in order to determine which experts to call.... this from the same attorney who has asked a doctor to look at BK's childhood and draw an ASD conclusion while summarily NOT subjecting BK to a full mental health evaluation. She would rather the judge think she sincerely intends to score his family's health records back to papyrus in search of FAS somewhere back there than risk getting BK formally diagnosed with labels she won't be able to mitigate. Like antisocial personality disorder, narcissistic personality disorder, etc. Disorders for which there is no legal mercy.

I'm ready to see how Judge Hippler handles this.

JMO
From Adam and Eve, Im cracking up... papyrus...lololol
 
  • #1,099
The prosecution cannot knowingly present a false argument to the jury under any circumstances. The end does not justify the means. The prosecution's responsibility is to present the facts of the case based on their legal understanding of the evidence, nothing more, nothing less.

If the prosecution argues that the house was chosen based on female student occupants and houseguests, and the goal was to murder as many as possible, that must be supported with evidence. Alternatively, evidence may indicate that one of the occupants was the intended victim and others were murdered because they were witnesses. The prosecution cannot present/concoct a false argument that they hope will sway the jury in order to secure a conviction. Truth matters.
Yes, but they can theorize based on the evidence. The only way we'd know for sure is if the murders had been caught on surveillance cameras inside the house, and even then we still might not know what his intent was- only he is in his own mind.
 
  • #1,100
Reposting this from a few months ago because it's relevant to what's going on right now:

Former Orange County prosecutor Matt Murphy, who prosecuted the Golden State Killer and Dirty John:

The defense has an obligation to make every argument they can in order to preserve these issues on appeal.

Because it's a death penalty case, it gets a very high level of scrutiny by appellate courts, so the defense has to make every pretrial challenge they can.

"I think the jury is going to be pretty persuaded by these facts...really up against it."

DNA evidence here is critical. It's huge. This evidence in his view is very, very strong.

Autism diagnosis really goes to mitigation. More geared towards the penalty phase. "Good luck with that guys."


Average juror is way more concerned about other things than following the particular case they have been selected for. It's shocking how little they tend to know about it beforehand, and he doesn't think it will be an issue at all in Boise.

Death penalty cases they automatically go to state Supreme Court on appeal, so the judge wants to be very, very, careful here. He's trying to minimize any potential appellate issues down the road.

He suspects the jury makeup will be beneficial for the prosecution. It will be a departure from the radical ideology that he's used to in Southern California.

He says he would be surprised if trial started on time. He says it's moving at light speed compared to what would happen in California.

Defense holds an ace in their hand. Because it's a death case, it means that if the defense requests additional time they're almost guaranteed to get it. No judge in a case this serious is going to want to force a defense lawyer into trial until they're ready, as this opens the door to an appeal based on ineffective assistance of counsel. So they can unilaterally continue this if they want to.

August. Maybe?

Thinks they've had enough time but who knows.
 
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