4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #108

[MassGuy]

The Dateline leak requires an investigation and that investigation will take time and therefore cannot happen before the scheduled trial date but must happen before the trial because the leaker(s) must be identified and all that they leaked must be stricken from the case and the leaker or leakers must be removed as witnesses.

In addition, the Patterson book poses another potential problem. Due out on July 3, 2025, it’s promotional blurb on Amazon says it contains “information from interviews with over 300 people” and further that the authors “KNOW” what local police FBI did right and wrong in this case. IMO, the judge is going to have to do something about this book. If the book gets out and it turns out to contain new leaks then that’s a whole other investigation that must be done prior to trial with possible other evidence and witnesses that must be eliminated from BK’s trial.

What a nightmarish situation for the judge, but a judge with integrity knows what has to happen, IMO.

IMO, DP removed due to Dateline leak.

IF the Patterson book cannot be stopped: case pushed out further to determine if the book contains new leaks and, if it does, launch a new investigation into those leaks to catch the leakers and possibly throw out more evidence and more witnesses.

All it would take is one leak too many to completely gut the case. I don’t know what the leaks are or how many leakers were involved or who they are, but, this case could wind up being so completely altered due to the leaks, that it may have to be thrown out in the end. So, IMO, that is THE worst case scenario.

JMO.

The prejudice from this is rectified by jury selection strategy (selecting jurors who haven't been overly exposed to this stuff).

There is no way Hippler is throwing out evidence, removing the death penalty, or chucking the case altogether. That's a massive overreaction to something that can be mitigated.

 

[Megnut]

FWIW, just because Dateline just aired doesn't mean it was fresh information. Dateline could have been sitting on this episode for since the grand jury.

JMO

 

[fcavanaugh]

Why on earther would a study need to be done (assumedly regarding sentencing) on a suspect who has not been convicted yet?

For the life of me, that seems premature and presumptive.

IMO she knows her client will likely be convicted by a Jury of his peers
and wants trial delayed so she can continue grasping at straws trying to find something to get the DP removed/thrown out by JH pretrial.

Going back 3 generations in her client’s family history thinking she might be able to find something that explains and excuses his heinous evil actions??? It’s called desperation and when all else fails try, try again.

AT’s already been walking a very fine line with Judge H, pushing the envelope, trying to move the goalposts whatever you wanna call it. IMO not going to work, not with this Judge. Worse case scenario imo trial might get pushed out one or two months but I can’t see Judge H allowing years’ long delays while AT continues fishing expeditions.
Nope not gonna happen, not on Judge Hippler’s watch/in his court.

#JusticeforKaylee,Maddie,Xana,Ethan

IMHOO

 

[Balthazar]

FWIW, just because Dateline just aired doesn't mean it was fresh information. Dateline could have been sitting on this episode for since the grand jury.

JMO

Yes, but the alleged leak still must be investigated to find the facts and determine the proper court action based upon the leak. There’s really no other choice in this type of situation, unfortunately. These investigations take time. Rarely does an investigator find a leaker who admits to their actions immediately. So the investigator has to map out who had the information that was leaked and all of their contacts. Then start interviewing people to deduce the origin of the leak. The investigator will ask Dateline staff when they got the information, how and from whom and how/if it was verified. It is time consuming work.

 

[Balthazar]

The prejudice from this is rectified by jury selection strategy (selecting jurors who haven't been overly exposed to this stuff).

There is no way Hippler is throwing out evidence, removing the death penalty, or chucking the case altogether. That's a massive overreaction to something that can be mitigated.

No. This leak is a very serious matter that must be fully investigated.

 

[russoca]

The investigator will ask Dateline staff when they got the information, how and from whom and how/if it was verified. It is time consuming work.

The press, in this case Dateline, does not have the disclose its source. In Idaho they have a "shield" law that protects the press as well.

 

[PunishThenForgive]

…

 

[PunishThenForgive]

…

 

[Megnut]

IMO she knows her client will likely be convicted by a Jury of his peers
and wants trial delayed so she can continue grasping at straws trying to find something to get the DP removed/thrown out by JH pretrial.
Going back 3 generations in her client’s family history thinking she might be able to find something that explains or excuses his heinous evil actions. It’s called desperation and when all else fails try, try again.

Especially since he only has a limited diagnosis of ASDL1. It's not like she is looking for a family history to support existing mitigating coditions/diseases that the defendant exhibits. At present, the State isn't challenging the ASDL1 because it has little mitigating weight.

Do we really think AT is going to do a deep HIPPA dive on BK's family, a full three generations, and present every vaccination, given or denied, every doctor visit, every report card? Toward what end? To show that BK probably came from a pretty typical middle income family, and that there's little in his background to explain how callous and diabolical he is. With a family that likely recognized how difficult he was but could never imagine how demented.

Practicing creepy poses.
Lurking in shadows at dark-thirties.
Messing with people's sense of ease (especially of it's true that he emerged his coworker's apartment, rearranging her things -- that is beyond ooky)
Acquiring a Kbar, coveralls...

One thing I will grant BK -- that star gazing business. I suspect he was well aware for years of the gift of challenge of a full moon and how it might help or hinder his nighttime forays.

I think AT carefully curated BK's limited diagnosis. A suitable claim but IMO not weighed against other diagnoses which might better fit.

What are these 'red flags' of which AT speaks? Sounds like a different chapter, same Dr. Seuss book of Thing 2 and Thing 1. One fish, two fish, red flag, blue fish.

What possible hope can she have that she'll be given an extension for a study she apparently hasn't even started????

Hoping Hippler marches out an order ahead of MDW so he can enjoy the holiday.

JMO

 

[PunishThenForgive]

The Dateline leak requires an investigation and that investigation will take time and therefore cannot happen before the scheduled trial date but must happen before the trial because the leaker(s) must be identified and all that they leaked must be stricken from the case and the leaker or leakers must be removed as witnesses.

In addition, the Patterson book poses another potential problem. Due out on July 3, 2025, it’s promotional blurb on Amazon says it contains “information from interviews with over 300 people” and further that the authors “KNOW” what local police FBI did right and wrong in this case. IMO, the judge is going to have to do something about this book. If the book gets out and it turns out to contain new leaks then that’s a whole other investigation that must be done prior to trial with possible other evidence and witnesses that must be eliminated from BK’s trial.

What a nightmarish situation for the judge, but a judge with integrity knows what has to happen, IMO.

IMO, DP removed due to Dateline leak.

IF the Patterson book cannot be stopped: case pushed out further to determine if the book contains new leaks and, if it does, launch a new investigation into those leaks to catch the leakers and possibly throw out more evidence and more witnesses.

All it would take is one leak too many to completely gut the case. I don’t know what the leaks are or how many leakers were involved or who they are, but, this case could wind up being so completely altered due to the leaks, that it may have to be thrown out in the end. So, IMO, that is THE worst case scenario.

JMO.

The press, in this case Dateline, does not have the disclose its source. In Idaho they have a "shield" law that protects the press as well.

IANAL, but I can see no reason to throw out evidence leaked on Dateline (or to be leaked in the yet-to-be-released Patterson/Ward book) that was ALREADY REVEALED in court documents.

If AT manages to throw out ALL THE NEW evidence that we didn’t already know about until Dateline leaked it on May 9, 2025, the State’s case will be fine, IMO.

And if AT is so worried about the Patterson book, I suggest she files an injunction to delay release of said book until she can personally vet every single word of it.

Now that’s a delay I can live with.

 

[otto]

Yes, but the alleged leak still must be investigated to find the facts and determine the proper court action based upon the leak. There’s really no other choice in this type of situation, unfortunately. These investigations take time. Rarely does an investigator find a leaker who admits to their actions immediately. So the investigator has to map out who had the information that was leaked and all of their contacts. Then start interviewing people to deduce the origin of the leak. The investigator will ask Dateline staff when they got the information, how and from whom and how/if it was verified. It is time consuming work.

What information was leaked that was not already in the public domain? Video of the car on the night of the murders may have been obtained by media at the time of the murders. The theory about what Kohberger did when he entered the house was already public information, and it's still nothing but a theory. What people said at the time of the murders, text messages, where bodies were found was all published in affidavits.

Does anyone remember any new information that they learned from Dateline that they did not know beforehand? Searching Bundy? Interesting, but irrelevant.

Info that Kohberger went from the DJ pool party to surveil the victims? That could be put together with cell data. Is cell phone data and screenshots of other women new info? Cell phone data? Is that the info that was not publicly known? What about Kohberger's family - did they have access to that info?

 

[Megnut]

Yes, there will be an investigation. To determine what, if anything, was actually leaked and by whom. The leap that it somehow unfairly prejudices BK notch foregone conclusion. It only unfairly prejudices him if jurors draw "facts" fin the public domain and there need be no fear of that for the art of voir dire.

Much of what we learned from Dateline, Blum already published and even more came from the rumor mill, which was likely based in early revelations, as survivors spoke with friends and family and murmurs murmured.

Dateline is not a court, no sworn testimony. Their process for verification is careful, their reputation demands it, but again, it's a journalism, it's not a trial. They have perhaps gone to great lengths to substantiate rumors thst were already circulating in the public domain, by finding satisfactory corroboration. Doesn't make it  true. Makes it compelling. And compelling makes it intetesting. It doesn't make it automatically prejudicial.

Because there's no reason for the selected jury to have seen it.

The judge can't stop the free press. What he can do is eliminate jurors who watch Dateline or read James Patterson.

instant remedy.

JMO

 

[otto]

Kohberger had access to all the information, and he benefits by having it publicly released prior to trial. He used forensic techniques to attempt to hide the information, but it's very likely that he backed everything up to a location where someone else could have access. Was the leak a simple hacking event where someone obtained the info and sold it?

 

[otto]

Who had access to Kohberger's cell phone data and where was it backed-up?

 

[MassGuy]

No. This leak is a very serious matter that must be fully investigated.

Yes, and it will be. But saying that it's going to put the case in jeopardy simply isn't true.

 

[Megnut]

State of Idaho v. Bryan C. Kohberger

New documents

 

[Megnut]

Housekeeping documents. Mostly motions to and orders to seal.

JMO

 

[SteveP]

Regardless of what was leaked by Dateline and whatever else may be leaked in the Patterson book that is coming out in early July, as I stated earlier, in a county with a population of 557,000 adults, I am pretty sure that not only will it not be difficult to find 20 qualified people who do not and did not watch Dateline, and the episode that aired May 9, nor did they hear about it, but it also will not be difficult to find 20 people who also have not heard of the new Patterson book that is due out in early July. I would even go so far as to say it probably will not be difficult to find 20 qualified people who have never followed this case at all, and may only remember it as some college students getting stabbed to death a couple years ago, and nothing more. Voir dire is designed to weed out the potential jurors who have been influenced by leaks and have preconceived ideas. JMO

 

[Megnut]

Although.... by citing James Patterson's book, AT is giving him free publicity. Doubtful he'll mind.

JMO

 

[DizzyB]

I would be completely shocked if the leak was in any way from the prosecution. I’m imagining someone in or formerly affiliated with law enforcement. How secure are files early in the investigation? Disgruntled ex-employee, cops get caught texting crime scene photos often, a gossipy individual who seizes the opportunity to be big dog? I also doubt that the defense would be that shady.