4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #81

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  • #521
Tort Claim Notices Served on Multiple State & Muni. Entities on WSU.

snipped for focus @arielilane
Thanks for your response.

I see your point, for anyone believing the phrase ---
"almost like an insurance policy.... will ensure that the children will get justice." --- is accurate.

It would be great if these Tort Claim Notices (and any ensuing civil actions) will ensure that "children will get justice" but personally doubting it. imo jmo moo ICBW.

And different people has different ideas about justice.

I'm not sure exactly how that works, the young adults getting justice from money after they're dead, but maybe. Still, I think this was the obvious direction within a few weeks. Gray was hired to keep the case alive, and the Chief had to state in a news conference that the case was not going cold. SO many negative comments that were made about LE early on - I hope those aren't used against LE in the criminal trial. I think a civil trial will be very messy and maybe not honor the four victims as much as we'd hope. JMO


 
  • #522
I agree that LE messaging was very clear, but we cannot make the automatic connection that if BK was innocent, he would have communicated with them. As an innocent person, I would have the opposite reaction--"they cannot mean me because I have nothing to do with the murders and the car they are looking for is older than mine."

Of course, my reaction does not mean BK is innocent, but I don't consider his failure to contact police about his car as evidence of guilt.

As for video with BK's plate number, I have wondered how they don't mention having any definitive proof that the car on video belonged to him. Not one mention of a plate other than the lack of one on the front of the car. Are there any indications of warrants granted after the PCA was written that could have additional, clear video of the Elantra's rear plate?

Not to mention, IMO, there is a core belief in some people around avoiding LE at all costs. They just have no interest in speaking to LE, ever. I don't agree with that point of view, but it exists. I doubt every white Elantra driver contacted LE. 99.9% of them are not guilty.

MOO.
 
  • #523
People lose their minds when someone dies; I lost my brother March 6, 2022 as he had been in poor health a long time and then March 6, 2023, my sister died—unexpected. There’s pain and anger;

SG wants someone to pay for the loss of his daughter. I can feel his rage; I’d feel the same. If BK walks on a technicality, SG will explode. He’s going to lash out at anyone and everyone. He wants someone to blame. He wants to go back in time and stop it from happening.

It’s just so senseless. JMO

P.S. So not interested in any of the books/etc. Despicable in my view to profit off of the deaths of these young adults. It’s not anyone’s story to tell. A research paper by experts in the field—yes. Everything else is morally wrong. JMO

It depends on how the books are written, IMO. They can honor the victims while still getting the whole story out there. Every time we engage in true crime videos, podcasts, and television shows, someone profits. That isn't exclusive to books. Every click on the YT videos or every time you tune in to hear about any crime or murder on Dateline or 20/20 or shows on ID, money is being made. So I don't see a reason to single out books.

MOO.
 
  • #524
[…]

On June 27, Kohberger, his defense and the prosecution will be present for a motion hearing to compel the prosecution to hand over pieces of evidence the defense believes they are withholding. Defense attorneys said in their motion to compel discovery that they believe there is exculpatory evidence, meaning evidence that could absolve Kohberger of guilt, in his car, his parents' home and other unspecified reports and documents. The prosecution responded, claiming they have given the defense all the evidence they have.

Prosecutors have not said if they will be seeking the death penalty against Kohberger, but they have 60 days from his plea entry to file. If that happens, Kohberger's attorneys would have to prepare a death defense and the state must find a jury that would be able to oversee a death penalty case, which could push his trial further out than Oct. 2.

This also requires more work from the prosecution, who would have to prove "aggravating circumstances" in a death penalty case, which are circumstances that increase the heinousness or seriousness of a crime.

[…]

What's next for Bryan Kohberger, the man accused of murdering 4 Idaho students?
And this…

On June 27, Kohberger, his defense and the prosecution will be present for a motion hearing to compel the prosecution to hand over pieces of evidence the defense believes they are withholding. Defense attorneys said in their motion to compel discovery that they believe there is exculpatory evidence, meaning evidence that could absolve Kohberger of guilt, in his car, his parents' home and other unspecified reports and documents. The prosecution responded, claiming they have given the defense all the evidence they have.


I would love to know what is meant by this …. Especially “in his car” …..

Or is it that the defence didn’t find any blood evidence in his car???? Which doesn’t seem possible if he is guilty …

It will be interesting to see if any more information comes to light about this on June 27??

IMO
 
  • #525
Idaho Steps Closer to Using the Firing Squad for Executions

Idaho will become the fifth state to authorize the firing squad as a method of execution and may become the first state to mandatorily impose it on a death row prisoner since 1976. Idaho’s Governor Brad Little signed HB 186 into law on March 24, 2023, and it goes into effect on July 1. The law gives the director of the Idaho Department of Correction up to five days after a death warrant is issued to determine if lethal injection is available. If it is declared unavailable, the execution will be performed by firing squad. The state will need to spend $750,000 on its facilities to enable executions by firing squad.
The state has twice stayed recent execution dates for Gerald Pizzuto, Jr. because it could not obtain lethal injection drugs. Idaho House Assistant Minority Leader Lauren Necochea (D-Boise), who opposed the bill, warned that it will lead to legal challenges to the constitutionality of the firing squad. “

The South Carolina Supreme Court is considering a lower court ruling that the firing squad
up to lengthy, expensive legal challenges related to the Eighth Amendment, which prohibits cruel and unusual punishment & unconstitutional under state law. Mississippi, Oklahoma, and Utah all authorize the firing squad as a backup method of execution. In Mississippi and Oklahoma, it is authorized if nitrogen hypoxia, lethal injection, and electrocution are held unconstitutional or are “otherwise unavailable.” In Utah, it is authorized if lethal injection is unavailable, but the state has not carried out an execution since 2010, when Ronnie Lee Gardner chose the firing squad for his execution. The two other uses of the firing squad since 1976 were also in Utah, with both prisoners having a choice of methods.
 
  • #526
And this…

On June 27, Kohberger, his defense and the prosecution will be present for a motion hearing to compel the prosecution to hand over pieces of evidence the defense believes they are withholding. Defense attorneys said in their motion to compel discovery that they believe there is exculpatory evidence, meaning evidence that could absolve Kohberger of guilt, in his car, his parents' home and other unspecified reports and documents. The prosecution responded, claiming they have given the defense all the evidence they have.


I would love to know what is meant by this …. Especially “in his car” …..

Or is it that the defence didn’t find any blood evidence in his car???? Which doesn’t seem possible if he is guilty …

It will be interesting to see if any more information comes to light about this on June 27??

IMO
I'm not sure that not finding blood could be considered as exculpatory, outside of a context, just on its own? It seems to me that maybe/perhaps some sort of context needs to be considered. IDK, but my guess is this will get thrashed out at the upcoming hearing. MOO Here's the wording from the Motion to compel.

<my emphasis>

"2. Mr. Kohberger requests an Order for the State t0 disclose the following items included in the Defendant’s 1” Supplemental Requestfor Discovery:
Reguest N0. 49 — All lab testing, including photographs and color diagrams
and bench notes including, but not limited to:
l. Copies of lab reports detailing the forensic evidence collection and
analysis of items recovered at Bryan Kohberger’s parents’ home,
trash cans and other receptacles, and Bryan Kohberger’s Hyundai
Elantra.
As of May 4, 2023, Counsel for Mr. Kohberger has not received the requested

materials, and based upon information and belief these reports contain
exculpatory information."


And response from the State:
<my emphais>

Numerous lab reports regarding forensic evidence collection and analysis of
items recovered from the Defendant's parents’ home, trash cans and other
receptacles, and Defendant’s vehicle, have been disclosed to the defendant.
These reports include items from the FBI laboratory in Quantico, Virginia, as
well as the Idaho State Police Lab. The Defendant’s attorneys and investigators
have also been given direct access to view and inspect items seized from his
parents’ residence including his vehicle. The State will continue to disclose
additional reports it receives that are subject to discovery under I.C.R. l6 and
applicable case law. To the extent that the Defense believes that certain reports may contain “exculpatory information,” the State asks that the Defense spe cify what exculpatory information they are referring to and the basis for their beliefso as to enable the State to make any appropriate additional inquires."



Another from the Horse's Mouth post to supplement reports about what came out of the horses mouth! MOO
 
  • #527
Idaho Steps Closer to Using the Firing Squad for Executions

Idaho will become the fifth state to authorize the firing squad as a method of execution and may become the first state to mandatorily impose it on a death row prisoner since 1976. Idaho’s Governor Brad Little signed HB 186 into law on March 24, 2023, and it goes into effect on July 1. The law gives the director of the Idaho Department of Correction up to five days after a death warrant is issued to determine if lethal injection is available. If it is declared unavailable, the execution will be performed by firing squad. The state will need to spend $750,000 on its facilities to enable executions by firing squad.
The state has twice stayed recent execution dates for Gerald Pizzuto, Jr. because it could not obtain lethal injection drugs. Idaho House Assistant Minority Leader Lauren Necochea (D-Boise), who opposed the bill, warned that it will lead to legal challenges to the constitutionality of the firing squad. “

The South Carolina Supreme Court is considering a lower court ruling that the firing squad
up to lengthy, expensive legal challenges related to the Eighth Amendment, which prohibits cruel and unusual punishment & unconstitutional under state law. Mississippi, Oklahoma, and Utah all authorize the firing squad as a backup method of execution. In Mississippi and Oklahoma, it is authorized if nitrogen hypoxia, lethal injection, and electrocution are held unconstitutional or are “otherwise unavailable.” In Utah, it is authorized if lethal injection is unavailable, but the state has not carried out an execution since 2010, when Ronnie Lee Gardner chose the firing squad for his execution. The two other uses of the firing squad since 1976 were also in Utah, with both prisoners having a choice of methods.
Whoa, huge pic. You can grab a corner and drag it in to make images smaller.
 
  • #528
Idaho will become the fifth state to authorize the firing squad as a method of execution and may become the first state to mandatorily impose it on a death row prisoner since 1976. Idaho’s Governor Brad Little signed HB 186 into law on March 24, 2023, and it goes into effect on July 1. The law gives the director of the Idaho Department of Correction up to five days after a death warrant is issued to determine if lethal injection is available. If it is declared unavailable, the execution will be performed by firing squad. The state will need to spend $750,000 on its facilities to enable executions by firing squad.
The state has twice stayed recent execution dates for Gerald Pizzuto, Jr. because it could not obtain lethal injection drugs. Idaho House Assistant Minority Leader Lauren Necochea (D-Boise), who opposed the bill, warned that it will lead to legal challenges to the constitutionality of the firing squad. “This would open Idaho up to lengthy, expensive legal challenges related to the Eighth Amendment, which prohibits cruel and unusual punishment,” Necochea said.
The South Carolina Supreme Court is considering a lower court ruling that the firing squad is unconstitutional under state law. Mississippi, Oklahoma, and Utah all authorize the firing squad as a backup method of execution. In Mississippi and Oklahoma, it is authorized if nitrogen hypoxia, lethal injection, and electrocution are held unconstitutional or are “otherwise unavailable.” In Utah, it is authorized if lethal injection is unavailable, but the state has not carried out an execution since 2010, when Ronnie Lee Gardner chose the firing squad for his execution. The two other uses of the firing squad since 1976 were also in Utah, with both prisoners having a choice of methods."

MOO,IMO: Harsh. Guilty as charged. Goncalves family has the right to request. Godspeed.
 
  • #529
Quote:
"I would love to know when they first learned his plate number (clearly they had it, if it was read automatically in Colorado). That had to have come from a combination of the sheath DNA/Kohberger connection and the records of the WSU campus police."

On November 29, 2022

On November 29, 2022, at approximately 12:28 am, Washington State University (WSU) Police Officer Daniel Tiengo, queried white Elantras registered at WSU. As a result of that query he located a 2015 white Elantra with a Pennsylvania license plate LFZ-8649.

This vehicle was registered to Bryan Kohberger hereafter "Kohberger" residing at 1630 NE Valley Road, apartment 201, Pullman Washington. 1630 NE Valley Road is approximately three-quarters of a mile from the intersection Stadium Way and Cougar Way (last camera location that picked up the white Elantra).

His phone number was obtained from his August 21, 2022 Moscow traffic stop.

PCA

What would I do without you? ♥️
 
  • #530
Jumping off this … are tort claim notice filings required before suing individuals/businesses or is it just when suing governmental entities? And what would be the time limit on filing those types of civil claims?

I’m thinking back to the early speculation here about potential malfunctioning door/window locks, insufficient exterior lighting, etc.

Prior to being gifted to UI, the house & property were privately owned with a local property management company acting as landlord.

Just wondering & curious, all MOO musings.
Maybe we can get our verified attorney to weigh in on this lawsuit, @PrairieWind .
 
  • #531
And this…

On June 27, Kohberger, his defense and the prosecution will be present for a motion hearing to compel the prosecution to hand over pieces of evidence the defense believes they are withholding. Defense attorneys said in their motion to compel discovery that they believe there is exculpatory evidence, meaning evidence that could absolve Kohberger of guilt, in his car, his parents' home and other unspecified reports and documents. The prosecution responded, claiming they have given the defense all the evidence they have.


I would love to know what is meant by this …. Especially “in his car” …..

Or is it that the defence didn’t find any blood evidence in his car???? Which doesn’t seem possible if he is guilty …

It will be interesting to see if any more information comes to light about this on June 27??

IMO

It's possible he destroyed all the evidence in his car (and possibly under the gaze of witnesses.)

There should have been evidence in his car, but I have spent many posts talking about how he might have prepared his car (others have done so as well) and we can probably infer that he scrubbed his car with bleach after driving to PA.

Investigators are looking for microscopic trace evidence and I have been concerned since the beginning that...given the type of stabbing done...and the clothing mentioned by the roommate, it might be hard to find anything in the car.

Although it seems obvious that BK used his car that night and drove to 1122, there are many, many people on the internet who don't want to think he's guilty unless he transferred victim blood to his car. I think that's exactly what he planned not to do. He forgot his sheath, but he may well have protected his car and his person from victim blood. If DM's account is accurate, he was well protected. If the facts we have about the autopsy are true (mostly from Mr. G), the goal was to reduce blood on the murderer (IMO).

The non-expert public expectation that there "must be victim DNA in the car" may be what sinks this case. But, I keep in mind that this will be an Idaho jury and not an Internet SM jury.

IMO. There may not be victim DNA in the car and if there is, it will be controversial.
 
  • #532
And this…

On June 27, Kohberger, his defense and the prosecution will be present for a motion hearing to compel the prosecution to hand over pieces of evidence the defense believes they are withholding. Defense attorneys said in their motion to compel discovery that they believe there is exculpatory evidence, meaning evidence that could absolve Kohberger of guilt, in his car, his parents' home and other unspecified reports and documents. The prosecution responded, claiming they have given the defense all the evidence they have.


I would love to know what is meant by this …. Especially “in his car” …..

Or is it that the defence didn’t find any blood evidence in his car???? Which doesn’t seem possible if he is guilty …

It will be interesting to see if any more information comes to light about this on June 27??

IMO

Okay - so why do you think it's not possible? Can you run through your own scenario?

I doubt we'll hear any more about it until trial, although we may get hints from upcoming motions. I think the Idaho Court is bent on keeping major evidence under the gag order.

The defense wasn't the first entity to examine the car. It's the prosecution who would benefit from victim blood (or any blood) in the car, with victim blood being of way more evidentiary value.

He could be guilty and a very thorough preparer and cleaner (Rational Choice Theory is his gig, after all).

Imo. I know people who could clean a car very thoroughly. Investigators do not have unlimited budgets. Nano-amounts of victim DNA are not detected by regular means. IMO. If we expect nano amounts of victim DNA to be in the car of every murderer who is fleeing a murder scene, we'll convict fewer than we are right now.

IMO.
 
  • #533
It's possible he destroyed all the evidence in his car (and possibly under the gaze of witnesses.)

There should have been evidence in his car, but I have spent many posts talking about how he might have prepared his car (others have done so as well) and we can probably infer that he scrubbed his car with bleach after driving to PA.

Investigators are looking for microscopic trace evidence and I have been concerned since the beginning that...given the type of stabbing done...and the clothing mentioned by the roommate, it might be hard to find anything in the car.

Although it seems obvious that BK used his car that night and drove to 1122, there are many, many people on the internet who don't want to think he's guilty unless he transferred victim blood to his car. I think that's exactly what he planned not to do. He forgot his sheath, but he may well have protected his car and his person from victim blood. If DM's account is accurate, he was well protected. If the facts we have about the autopsy are true (mostly from Mr. G), the goal was to reduce blood on the murderer (IMO).

The non-expert public expectation that there "must be victim DNA in the car" may be what sinks this case. But, I keep in mind that this will be an Idaho jury and not an Internet SM jury.

IMO. There may not be victim DNA in the car and if there is, it will be controversial.
I agree, except IMO if the case is sunk it won't be because of "public expectations that there must be DNA in the car". After watching parts of the Murdaugh and L.Stauch trials I have a lot of faith in juries and believe they are well instructed and take their instructions from Judges very seriously. For sure as you imply this is far cry from jurying by internet!! MOO
 
  • #534
I agree, except IMO if the case is sunk it won't be because of "public expectations that there must be DNA in the car". After watching parts of the Murdaugh and L.Stauch trials I have a lot of faith in juries and believe they are well instructed and take their instructions from Judges very seriously. For sure as you imply this is far cry from jurying by internet!! MOO

Agreed. When it comes down to it, even the 16-20 year olds, when confronted with DNA and its issues, get it.

The DNA evidence from the sheath will be admitted. If the defense tries a "but but no DNA in the car" that could really backfire (given the probable testimony of one of the Kohbergers that he was still scrubbing his car after arrival in PA, and with bleach).

Lady Macbeth, yet again.

IMO.
 
  • #535
It depends on how the books are written, IMO. They can honor the victims while still getting the whole story out there. Every time we engage in true crime videos, podcasts, and television shows, someone profits. That isn't exclusive to books. Every click on the YT videos or every time you tune in to hear about any crime or murder on Dateline or 20/20 or shows on ID, money is being made. So I don't see a reason to single out books.

MOO.
Not to mention all the click bait with the Daily Mail and other MSM, and every youtuber - it's a cash cow for some.
 
  • #536
It depends on how the books are written, IMO. They can honor the victims while still getting the whole story out there. Every time we engage in true crime videos, podcasts, and television shows, someone profits. That isn't exclusive to books. Every click on the YT videos or every time you tune in to hear about any crime or murder on Dateline or 20/20 or shows on ID, money is being made. So I don't see a reason to single out books.

MOO.
Not books only; but the other entities exist for additional purposes. The planned books, podcasts, docudramas are money grabs. Look at the Dahmer films—disgusting; he drilled holes in some of their skulls and poured acid in it while they were alive—I could have lived my life wo knowing that. And the families will relive that horror every time they accidentally see it on tv or someone brings it up. I just think horror should be fiction. Human monsters don’t need to be immortalized. He hasn’t even been convicted yet; heckuva lawsuit(s) if he’s found innocent.
We can agree to disagree. It just seems our country has lost its moral compass. This is just another example. JMO
 
  • #537
Agreed. When it comes down to it, even the 16-20 year olds, when confronted with DNA and its issues, get it.

The DNA evidence from the sheath will be admitted. If the defense tries a "but but no DNA in the car" that could really backfire (given the probable testimony of one of the Kohbergers that he was still scrubbing his car after arrival in PA, and with bleach).

Lady Macbeth, yet again.

IMO.
What if LE discovered DNA in the car not belonging to BK but also not a match to any victims from 1122 King?

Also, what about the animal hair collected? If it doesn't match Murphy and BK himself nor his friends/family have pets matching the hair samples, then what should LE make of that? Did LE attempt to match the hair to an animal?
 
  • #538
I in no way was implying that people should contact police if they don't wish to.

They haven't had a chance to mention the "definite proof" because the PCA was sufficient. Judges work closely with prosecutors to get the minimum amount of evidence into a PCA, so that other legal difficulties do no arise later.

I don't consider it evidence of guilt, but I guarantee you that it made local police wary. They had an ever shorter list of cars to look at (that were local). I would love to know when they first learned his plate number (clearly they had it, if it was read automatically in Colorado). That had to have come from a combination of the sheath DNA/Kohberger connection and the records of the WSU campus police. IIRC, they had already gotten a subpoena for his phone records, surely they had connected him to repeated trips through the 1122 neighborhood. None of those things is evidence of guilt, but they are perfect to put into a PCA and allow the defendant to come to court and give a strong alibi (something LE/Prosecutor couldn't know existed until after the arrest). If Kohberger had been out of town that weekend and seen on camera one hundred miles away, with receipts and GPS to back it up, things would have gone very differently.

I'm sure they took all they had to the Grand Jury (not fond of GJ's myself, I wish we had had a prelim, but it likely would have been very prejudicial to the defendant, so I get it). They are trying to do this by the book.

IMO (I can't find the MSM about the license plate reader in CO, but as soon as I remember the little town where it happened, I will be able to find it).
I was attempting to make the point that without proof otherwise IMO, Moscow PD did not see the license plate of suspect vehicle 1 on of the surveillance videos mentioned in the PCA. Not everything was in the PCA. However, considering the details he included about BK's phone pings, the white Elantra's movements from 3:29 a.m.- 4:20 a.m. and the lack of a front plate on the car, Officer Payne would not have left out that he also had a visual of the back plate.
 
Last edited:
  • #539
Agreed. When it comes down to it, even the 16-20 year olds, when confronted with DNA and its issues, get it.

The DNA evidence from the sheath will be admitted. If the defense tries a "but but no DNA in the car" that could really backfire (given the probable testimony of one of the Kohbergers that he was still scrubbing his car after arrival in PA, and with bleach).

Lady Macbeth, yet again.

IMO.

And there’s a huge trap, I think, for someone who tries to argue that ‘no blood in the car means he didn’t do it.’ To put that over, you have to really emphasize how horrifically bloody the crime scene was, and I’m not at all sure that’s a good strategy for the defense.

MOO
 
  • #540
It's possible he destroyed all the evidence in his car (and possibly under the gaze of witnesses.)

There should have been evidence in his car, but I have spent many posts talking about how he might have prepared his car (others have done so as well) and we can probably infer that he scrubbed his car with bleach after driving to PA.

Investigators are looking for microscopic trace evidence and I have been concerned since the beginning that...given the type of stabbing done...and the clothing mentioned by the roommate, it might be hard to find anything in the car.

Although it seems obvious that BK used his car that night and drove to 1122, there are many, many people on the internet who don't want to think he's guilty unless he transferred victim blood to his car. I think that's exactly what he planned not to do. He forgot his sheath, but he may well have protected his car and his person from victim blood. If DM's account is accurate, he was well protected. If the facts we have about the autopsy are true (mostly from Mr. G), the goal was to reduce blood on the murderer (IMO).

The non-expert public expectation that there "must be victim DNA in the car" may be what sinks this case. But, I keep in mind that this will be an Idaho jury and not an Internet SM jury.

IMO. There may not be victim DNA in the car and if there is, it will be controversial.
If he used bleach it should have taken the colour out of the upholstery etc … which should be very obvious …. which would scream guilty …. That he tried to clean it … the same if he washed his clothing in bleach….

(Personally I think the clothing has been dumped somewhere … and was not the ”dark clothing” found by the Police ….. unless he really did want to be caught! )

Police could prove change in the colour of upholstery (from bleach) if they were wearing body cam at the traffic stop prior to November 13….

I am not convinced that the stabbing didn’t cause major bleeding … IMO stabbing four people with such a large knife would increase the chance of hitting a major artery …. (IMOooooo the family have been told that there was no suffering / bleeding etc to spare them the whole truth, not an actual lie, as it would have been quick,with unconsciousness prior)

I also think one person was still alive, possibly only just alive, (also MOO) when he left… the person the roommate heard crying …

I also think the fact they have the car “speeding off”, could mean that he wasn’t as careful as he may have planned, in eliminating contamination of the car with blood ….there may have been an element of panic … causing blood transfer….

I know health professionals use bleach to clean up blood, but that is because the bleach kills viruses in the blood like HIV etc … it doesn’t take the blood away or make it disappear … it just decontaminates it … IMO

I am not defending BK in any way … I am just wondering what item could possibly be in his car that would classify as exculpatory evidence??

All MOO
 
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