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

[Warwick7]

I agree we knew about 12 times. 23 is new as you say.

The +23 times came from a Banfield and SG interview weeks before Dateline.

 

[MassGuy]

Something must be relevant tho. I remember MassGuy talking it up for us.

"If you recall last week, I mentioned that Dateline was working on another episode about this case. Last night they advertised it for the first time.

I asked someone in the know if the episode would have an “oh (you know what) moment,” like the knife revelation.

The answer was a resounding yes.

My educated guess (not being coy because I have no specifics), is that the vast majority will pertain to phone evidence (location, content).

The last episode had 3 big things if I recall (knife, being fired, and that unconfirmed stalking incident). This one will supposedly have a few times that.

Let’s just say we will not be disappointed, regardless of what it is."

Post in thread '4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #106' 4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #106

So this could come down to leaked phone evidence.

HAHAHAH. Dateline had their own leak.

 

[MassGuy]

The +23 times was shared with us by SG in his Banfield interview.

It came from court records which Banfield reported on (probably, because I don't watch that stuff).

 

[Warwick7]

It came from court records which Banfield reported on (probably, because I don't watch that stuff).

That is probably true, but, SG said it himself to Banfield. She was surprised. We all talked about it here. I think that's when we were all so talking about how her her nose was broken.

 

[Arkay]

Respectfully, Dateline has been on the air for over 30 years, and is one of the most credible newsmagazine genre programs on American TV. I do not believe that they would stoop to the level of obtaining any of their information illegally, nor do I believe that choosing not to reveal sources of their information would hurt their reputation with viewers in any way. JMO

I agree.

NBC, of course, is not some rinky-dink fledgling network. Dateline has been a centerpiece of their investigative programming for decades.

NBC’s goal is not equivalent to the goal of the courthouse. They want viewers and advertisers, and they craft stories that they hope will provide that for them. I feel confident that their producers know all the legalities involved, including filing under the Freedom of Information Act.

They, IMO, have established credibility that is far greater than fly-by-night influencers who pop up everywhere, without the rigorous journalistic background of actual investigative reporters.

Someone gave them info that has ticked off the Judge this time. I cannot envision that NBC would allow its reporters to out their sources. That is the surest way to never get another story.

I agree with many here, that most of the substantive information we have as the public is mainly from the PCA. Dateline just added some embroidery to what we already knew. They didn’t break the news about Bryan being the suspect.

Just my opinion.

 

[Megnut]

Has anyone been able to distill the first 30 pages of AT's motion?

She needs more time. I got that. More time to .... what?.... ask IGG purty please to supply three solid generations of HIPPA violations in order to... what?.... find additional support for OCD and ASDL1? Which would show... what???? That he really, really might have ASDL1? It's still not a protected class.

If you remove Dateline, remove James Patterson from her motion, what's AT got? It's not even novel.

Ask and answered.

Nowhere does it say a defendant has the right to every defense. If that were the bar, no trial pony would ever get out the gate --

JMO

 

[PunishThenForgive]

Keith Morrison interview about the Dateline show

KM says they have lots of sources but BKs attorney is not speaking yet about 40 seconds in. He goes on to say they have a lot of the material the prosecution will rely on in the trial. And he says it might not be all of it but it is most of it. IMO, if what KM said is true, then the Dateline leak may be far, far, worse than any of us can imagine.

The source or sources of this leak must be found.

JMO

The worst thing I can imagine is the man who murdered Xana, Ethan, Kaylee and Maddie getting away with it so he can do it again.

The judge, the prosecuting attorneys, the defense attorneys, the defendant—each one has seen all the evidence and each one IMO knows the truth by now. Let’s see what they do with it.

 

[Sundog]

Which would show... what???? That he really, really might have ASDL1? It's still not a protected class.

<snipped for focus>

Do mitigating factors in the sentencing phase apply only to disorders that are part of a protected class, or could a member of a jury decide during the sentencing phase that they don't want to vote for the death penalty and have a firing squad shoot someoene who might have ASDL1 or other similar developmental disorder. I think that is a very real possibility, although a vote for life without parole would be very likely for the jury if BK is found guilty at trial.

Also, I don't remember if the jury has to be unanimous in its vote for the death penalty during the sentencing phase. I assume so, but don't remember the discussions we had on this early on in this forum.

 

[LetsSolvIt]

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

I think the bottom line with AT’s requests for more time (because she still has to explore BK’s genealogy, have him tested, find more expert witnesses, etc.) is why did she commit to a second DP case or any additional cases at all while she had this obviously very demanding one in hand? Each week it sounds like she keeps adding on more things to do for this case when she’s had it for years now. She should have started all these new tasks at the get-go!

If she really lacks time, it’s her own fault for not starting some of the research sooner and for taking on additional DP casework, IMHO.

 

[Megnut]

<snipped for focus>

Do mitigating factors in the sentencing phase apply only to disorders that are part of a protected class, or could a member of a jury decide during the sentencing phase that they don't want to vote for the death penalty and have a firing squad shoot someoene who might have ASDL1 or other similar developmental disorder. I think that is a very real possibility, although a vote for life without parole would be very likely for the jury if BK is found guilty at trial.

Also, I don't remember if the jury has to be unanimous in its vote for the death penalty during the sentencing phase. I assume so, but don't remember the discussions we had on this early on in this forum.

(a) A notice of intent to seek the death penalty was filed and served as provided in section 18-4004A, Idaho Code; and
(b) The jury, or the court if a jury is waived, finds beyond a reasonable doubt at least one (1) statutory aggravating circumstance. Where a statutory aggravating circumstance is found, the defendant shall be sentenced to death unless mitigating circumstances which may be presented are found to be sufficiently compelling that the death penalty would be unjust. The jury shall not direct imposition of a sentence of death unless it unanimously finds at least one (1) statutory aggravating circumstance and unanimously determines that the penalty of death should be imposed.

Section 19-2515 – Idaho State Legislature

legislature.idaho.gov

 

[ivyvanmad]

Forgive me if this has been brought up recently- it’s hard to keep up!! But weren’t there accounts early on about Xana’s family coming to help fix the sliding door due to safety concerns? Was that just a rumor? Apologies if this has been debunked, I’m unsure what ever happened to this information

 

[Boxer]

Forgive me if this has been brought up recently- it’s hard to keep up!! But weren’t there accounts early on about Xana’s family coming to help fix the sliding door due to safety concerns? Was that just a rumor? Apologies if this has been debunked, I’m unsure what ever happened to this information

IIRC it was a front door lock.

 

[jepop]

Forgive me if this has been brought up recently- it’s hard to keep up!! But weren’t there accounts early on about Xana’s family coming to help fix the sliding door due to safety concerns? Was that just a rumor? Apologies if this has been debunked, I’m unsure what ever happened to this information

This was raised on a prior thread not too long ago. @gremlin444 knows the details. Essentially there was a misunderstanding between XK's parents. The dad said that not long prior to the murders he visited at 1122 and observed (in a positive way) that XK had "changed alot".

Some time after this Ashley Banefield published a telephone interview with XK's mum where she quotes the mum as saying the dad had "changed the lock". What a classic.

Even though the misunderstanding was corrected by the dad subsequent to this, Banefield (naturally enough Imo) never bothered to correct her reporting and apparently sectors of sm have run with the misinformation ever since AFAIK. Jmo

 

[Betty P]

Respectfully, Dateline has been on the air for over 30 years, and is one of the most credible newsmagazine genre programs on American TV. I do not believe that they would stoop to the level of obtaining any of their information illegally, nor do I believe that choosing not to reveal sources of their information would hurt their reputation with viewers in any way. JMO

Agree, protecting sources is a standard for professional journalism. It's also how journalists gain a reputation with sources for being trustworthy.

I don't doubt Dateline's professional standard but, at this point in the case, I really wish they didn't reveal so much information about the case when there's a gag order in place. It probably won't put the prosecution's case in jeopardy, but it might make their job more difficult and obviously delay the trial.

It seems unlikely the prosecution would benefit from the leaked info and evidence, so it seems more likely the defense is behind the leak. Not surprising, it seems almost common practice for defense teams these days. I hope it's not a misguided third party involved in the case. It really seems unnecessary, not likely to help either side. JMO

 

[PunishThenForgive]

FYI if you are upset that Judge Hippler won’t allow the State to evaluate BK for personality disorders:

Personality disorders at the interface of psychiatry and the law: legal use and clinical classification - PMC

Personality disorders have a complex relationship with the law that in many ways reflects their complexity within the clinical and research communities. This paper addresses expert testimony about personality disorders, outlines how personality ...

pmc.ncbi.nlm.nih.gov

Bias Baked In: How Antisocial Personality Disorder Diagnoses Trigger Legal Failure - Harvard Law Review

In 1927, a Supreme Court of Nebraska opinion quoted testimony from the physician who examined capital defendant Frank Carter: “[H]e belonged to a type...

harvardlawreview.org

 

[jepop]

FYI if you are upset that Judge Hippler won’t allow the State to evaluate BK for personality disorders:

Personality disorders at the interface of psychiatry and the law: legal use and clinical classification - PMC

Personality disorders have a complex relationship with the law that in many ways reflects their complexity within the clinical and research communities. This paper addresses expert testimony about personality disorders, outlines how personality ...

pmc.ncbi.nlm.nih.gov

Bias Baked In: How Antisocial Personality Disorder Diagnoses Trigger Legal Failure - Harvard Law Review

In 1927, a Supreme Court of Nebraska opinion quoted testimony from the physician who examined capital defendant Frank Carter: “[H]e belonged to a type...

harvardlawreview.org

Exactly. Hippler knows what he's doing. Jmo

 

[jepop]

Can you provide a link to the law?

Yes, I wouldn't take this assertion as a given despite it being made as if it's factual. Moo

 

[Observe_dont_Absorb]

Forgive me if this has been brought up recently- it’s hard to keep up!! But weren’t there accounts early on about Xana’s family coming to help fix the sliding door due to safety concerns? Was that just a rumor? Apologies if this has been debunked, I’m unsure what ever happened to this information

I seem to recall something was in the news about a family member fixing the lock on a bedroom door, could have got it wrong after all this time. Also that at least one of the young women had been concerned she was being stalked somehow. Possibly they were unsubstantiated rumours but those stories were 'out there' right at the beginning. JMO MOO

 

[Balthazar]

Can you provide a link to the law?

It is in the document I already linked. This is required by the ABA as a minimum requirement from defense in a DP case. Discussion of the requirements of and links to ABA Guidelines are included in this document:

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

“These guidelines are not merely aspirational; they represent the current consensus on what is necessary for effective representation in capital cases”. Page 5. The US Supreme Court consistently refers to the ABA guidelines in determining IF the defenses obligations to their client have been met.

I think everyone here is already aware that effective representation is the most basic requirement for the defense in a capital case. Otherwise, it should be expected that the case will be overturned on appeal.

 

[Maat99]

<snipped for focus>

Do mitigating factors in the sentencing phase apply only to disorders that are part of a protected class, or could a member of a jury decide during the sentencing phase that they don't want to vote for the death penalty and have a firing squad shoot someoene who might have ASDL1 or other similar developmental disorder. I think that is a very real possibility, although a vote for life without parole would be very likely for the jury if BK is found guilty at trial.

Also, I don't remember if the jury has to be unanimous in its vote for the death penalty during the sentencing phase. I assume so, but don't remember the discussions we had on this early on in this forum.

This is an interesting explanation on mitigating factors in death penalty cases

NACDL - Sentencing Advocacy

By James E. Boren and Alyson Lang This article appeared in a recent issue ofThe Champion.;

www.nacdl.org

There is a section listing common mitigating factors and it’s very obvious that AT has been laying the groundwork for some of them for a while now jmo.