4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #86

[Jurisprudence]

IANAL, but as far as I understand the Idaho Code and the alibi defense notification process, I don't see how a judge can "compel" an alibi defense. ...

I don't think a judge would "compel" an alibi defense, since it is optional, not a requirement.

[snipped by me]

I'm not sure if I am reading your post correctly but the way I read the state's papers, the state isn't asking the court to compel the defense to submit an alibi. The state is asking the court to compel the defense to comply with the law, a distinction with a difference. The defense is required to disclose alibi evidence so it can be vetted or they are to be foreclosed from introducing it at trial absent a showing of good cause as to why they didn't disclose it at the time they were required to. And, while the discovery of new evidence might be enough to show good cause, I don't think the "Because I didn't feel like it" meets the standard.

jmo

 

[Jurisprudence]

With the gag order in place (note: I’m a dummy about the gag orders), is it possible they might have found the weapon but the public doesn’t know it yet?

(General question for anyone who might know.)

I was thinking the very same thing. The last time they spoke on this was before the gag order. But that terrain is difficult imo. It could be anywhere - unless he held onto it because it had special meaning to him and I do not discount this possibility.

jmo

 

[North_Idaho_Nony]

The judge however has no reach to PA.

So potentially not a leak at all. Just a source in PA, with information to share, not bound by an Idaho court.

Makes sense to me.

JMO

MOO, it was an unauthorized leak, not a violation of the gag order.

Point of pride: AFAIK, there have been no local LE “leaks” in this case, but I cannot confidently say the same about LE in other jurisdictions involved in this case, MOO.

 

[Jurisprudence]

An Idaho state court's gag order does not bind or apply to PA LE and State Police, WA LE, including campus police, or the Feds.

jmo

 

[North_Idaho_Nony]

I’m having trouble with the WS site, so apologies if this has already been posted & I’ve just missed it:
https://s3.us-west-2.amazonaws.com/...nse-of-Alibi-Alternatively-to-Bar-Certain.pdf

 

[MassGuy]

Ok. This is absolutely hilarious.

To view this content we will need your consent to set third party cookies.
For more detailed information, see our cookies page.

Accept third party cookies

 

[Cindizzi]

To view this content we will need your consent to set third party cookies.
For more detailed information, see our cookies page.

Accept third party cookies

 

[TL4S]

To view this content we will need your consent to set third party cookies.
For more detailed information, see our cookies page.

Accept third party cookies

View attachment 438860

Seriously, what else would he say? He knew his car would be on camera. Jmo.

 

[gremlin444]

I totally always turn my phone off while driving randomly for hours in the dead of night just for funsies. *eyeroll* No sir, BK doesn't ever need mapping ability or want to stream music on this multi-hour long pleasure drive/drives he took Nov 12/13.

 

[Cindizzi]

To view this content we will need your consent to set third party cookies.
For more detailed information, see our cookies page.

Accept third party cookies

 

[TL4S]

I totally always turn my phone off while driving randomly for hours in the dead of night just for funsies. *eyeroll* No sir, BK doesn't ever need mapping ability or want to stream music on this multi-hour long pleasure drive/drives he took Nov 12/13.

Yeah, he didn't need to turn off his phone the 12 previous times he was out for a drive within cellular resource range of King Rd.

 

[gremlin444]

And let me guess, BK can't actually recall what route he took on this multi hour drive because he wasn't really paying attention to that.

 

[Jurisprudence]

I like the part that says "The state chose a secret grand jury" when by definition, grand jury proceedings are secret. That line is for public consumption imo. To plant the seed in the public's head that the state acted nefarious.

jmo

 

[maskedwoman]

Ok. This is absolutely hilarious.

To view this content we will need your consent to set third party cookies.
For more detailed information, see our cookies page.

Accept third party cookies

Holy cow. Your honor, my client was out driving alone, putting his phone in and out of airplane mode along the way. And pretty please don't make us say anything else because of, you know, work product and other lawyer stuff. I expected more from AT, but I guess she really has nothing to work with.

 

[kittythehare]

To view this content we will need your consent to set third party cookies.
For more detailed information, see our cookies page.

Accept third party cookies

View attachment 438862View attachment 438863View attachment 438864View attachment 438865

we know he didn't walk there.

To view this content we will need your consent to set third party cookies.
For more detailed information, see our cookies page.

Accept third party cookies

looks like vehicle evidence is IN.

 

[Jurisprudence]

Yeah, he didn't need to turn off his phone the 12 previous times he was out for a drive within cellular resource range of King Rd.

Excellent point (especially since all but one of those times were late at night). So, is she trying to kill 2 birds with one stone? "He wasn't stalking them all those other times, either. He was simply on his routine late night drives."

I guess it's time for the WA neighbors to be called as witnesses to him walking around and vacuuming every night.

jmo

 

[TL4S]

we know he didn't walk there.

To view this content we will need your consent to set third party cookies.
For more detailed information, see our cookies page.

Accept third party cookies

looks like vehicle evidence is IN.

Hmm. From the PCA, they have his phone pinging on WSU campus during the early morning hours of Nov. 13. We don't know where he was late evening of Nov. 12. I wonder where phone records place him then, since AT now says he was out driving.

 

[schooling]

IIRC Dateline stated unnamed sources claim one of his sisters became suspicious of his odd behavior of wearing gloves and sorting trash so much so that she shared concerns with father and they both searched his car for any telling signs of his odd behavior but found nothing.

Even though we can assume she found nothing, I don't believe that Dateline reported that 'she found nothing' (I could be wrong, I only saw it once when it aired).

IMO she may have relayed observations to LE that led her to her suspicions. and need to search the car. Also anything about the car that may have seemed odd...regardless of whether it was an object or not.

 

[Rumination1]

Omg that’s so weak
So we are to believe he was just having an innocent drive around whilst his sheath magiced itself into the house

 

[Jurisprudence]

Page 3: "The defense acknowledges a vast amount of discovery has been provided. Discovery is received on a nearly weekly basis."

What about that motion to compel where you stated under oath that they were stonewalling?

jmo

https://s3.us-west-2.amazonaws.com/isc.coi/CR29-22-2805/080223-Objection-States-Motion-to-Compel-Motive-of-Defense-of-Alibi-Alternatively-to-Bar-Certain.pdf