4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #88

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  • #181
Welp, I did expect them to wait till the very last minute to waive. Maybe they’re getting feedback that the smug bravado isn’t playing well. J M O.
 
  • #182
  • #183
Cameras in the court room on the way out then
 
  • #184
  • #185
Ofcourse, good point. So it comes back to AT making the right choice, which may be strongly advising her client to waiver if they are not prepared for trial in five weeks. And if he refuses then that needs to be well documented I suppose and then the D goes ahead and does what it can. Moo
Really good point.........That BK's defense could want to waive ST but BK refuses.

If you tell your client you need more time but they refuse to waive their speedy trial it could create weird problems if they lose....hummmm

***EDIT BREAKING***

BK Waives his Speedy Trial Rights
 
  • #186
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  • #188
TODAY: I’ll be down in Latah Co. for this status conference and will be tweeting updates from the courtroom.

We are seated in the courtroom for a status conference in the #Kohberger trial. As of right now, that trial is scheduled to start in October. Follow along with this for updates. Things are set to start at 2:15 (about 5 minutes)

Today we are expecting a check-in to make sure both sides are ready to proceed in October, but earlier today the Goncalves family expressed their concern that Kohberger may wave his right to a speedy trial


Kohberger is prepared to wave his right to a speedy trial. Judge Judge is asking Kohberger if that is what he wants. Kohberger has responded “yes” “You sure you want to do this?” - Judge “Absolutely” - Kohberger

The state has no objections to this waving saying they would like it to be resolved sooner than later, but this is the smartest option. Judge said it would be a lot to put together before Oct. 2nd and he wants everyone to be fully prepared.

For clarification: this means the trial will not happen on Oct. 2nd. The defense says they are not prepared to set a new trial date today.

Defense says they are hoping to keep their Sept. 1st hearing date because they are prepared to file challenges against the grand jury indictment. They are also filing 2 motions against cameras in the courtroom and what happens to witnesses after they testify.

The defense would like to hold off scheduling the trial until after the Sept. 1st date.

Trial has been vacated. Sept. 1st date kept. Court is adjourned.

 
  • #189
Defense says they are hoping to keep their Sept. 1st hearing date because they are prepared to file challenges against the grand jury indictment. They are also filing 2 motions against cameras in the courtroom and what happens to witnesses after they testify.

Regarding the September 1 hearing, the D has a deadline by cob today to file any additional briefs in support of motion to dismiss if they want to keep that date as is and include additional material. That's according to the scheduling order that is now defunct as far as trial related dates go. Moo
 
  • #190
Idaho Statesman headline is saying trial will not begin until sometime in 2024, but it requires a subscription to read.
 
  • #191
Idaho Statesman headline is saying trial will not begin until sometime in 2024, but it requires a subscription to read.

From Idaho Stateman .........

Kohberger murder trial delayed after Moscow murder suspect waives right to speedy trial​

 
  • #192
  • #193
In both Payne's statement (arrest warrant/PCA) and Blaker's (search warrant), it states that "Upon our arrival, the Idaho State Police (lSP) Forensic Team was on scene and was ' preparing to begin processing the scene." Payne and Blaker stated that they were there to assist with the processing of the scene. Neither man states that they saw the knife sheath upon their initial basic observation of the room. Both indicated that knowledge of the presence of the knife sheath was acquired later: Payne through observation, Blaker through being told by ISP investigators.

The bodies would not have been moved before Payne and Blaker arrived there. ISP forensics had not yet begun their work. They would want Payne or Blaker there before they did any direct manipulation of the bodies and the immediate area where their bodies were. After Payne and Blaker got the cursory walkthrough of both crime scene rooms, then ISP forensics would begin its work in conjunction with them--hence the use of the term "later" as in after the initial walkthrough. ISP forensics team would be the one to move the sheets significantly and/or begin to shift the bodies of Maddie and Kaylee with Payne observing. Blaker's statement indicates he was not present in the room when that occurred by saying he was told later by ISP--maybe he's in Xana's room with some of the ISP forensics while this is going on or was elsewhere on the premises directing set up of security (another one of their stated reasons for being there). If Payne is standing there watching ISP move the covers and/or bodies, at that point he is in place to directly observe the sheath becoming visible and register that as information.
That doesn't explain why he saw it next to MM's right side but later it was stated it was found half under MM and half under the covers. We discussed this in a previous thread - I remember wondering, if MM were lying prone, how did the sheath wind up partially underneath her? This inconsistency is problematic, IMO.
 
  • #194
That doesn't explain why he saw it next to MM's right side but later it was stated it was found half under MM and half under the covers. We discussed this in a previous thread - I remember wondering, if MM were lying prone, how did the sheath wind up partially underneath her? This inconsistency is problematic, IMO.
If it was partly under her and the covers, they may not have known what it was or even seen it until they started to document and remove evidence like the bedclothes.

We don't know if MM was lying prone when she was attacked. She could have started to sit up when the attack began, or been forcibly rolled on her back from her side by the perpetrator to facilitate him stabbing her in the chest. Both would create the opportunity for the sheath, which was most likely dropped or fell from a pocket when the attack began, to slip under the covers and MM. She also may have moved a little in her dying moments, struggling to escape him, or to breathe. Anyone who's put a smooth item that slides rather than sticks to the sheet texture next to them on a bed and moved knows that the item will slip towards them, to the dip in the mattress, and may end up underneath them.

MOO
 
  • #195
So what are you implying here? And what other evidence is there to support it other than your interpretation of differing descriptive words on a page?

Sounds like you're saying the sheath was planted and/or placed there by LE or someone else...or you want us to arrive at that conclusion. I can't think of anything else that it would/could be.
I'm not implying anything other than we have somewhat contradictory information. I'm fact oriented. Either the sheath was lying next to MM's right side or it was partially under her and the blanket. If Payne first saw it when the investigator removed the blanket, why did he describe it as lying by her right side if it was, in fact partially under her? Why the difference in description?
 
  • #196
I'm glad they were forced to make a decision. Prior to this they wanted the judge to delay it for them without him waiving his right putting a potential legal argument in play that the case would have to be dismissed.

jmo
277-78284ac7-ebd9-4381-b940-aa17e2837b0b
 
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  • #197
If you read what the two officers wrote, sentences 1 and 2 of what each allegedly wrote are identical. Then sentence 3 for each is completely different. And there is a third version of the story where the sheath was half under MM and half under the blanket. If it was half under her, it would not be lying beside her right side. So, right there, this looks very questionable. Where exactly was the sheath when it was found and who found it?

Sounds like you think they planted the sheath? I don't think that at all.

jmo
 
  • #198

Idaho murder victim's family asks for prayers, fears delay in Kohberger trial​

  • Aug 23, 2023

On a public Facebook page maintained by the Goncalves family, a post Wednesday morning said, "Please pray for our family today."

In a response to a comment on that post, the page author wrote "We are afraid he's going to waive his rights to a speedy trial. If he does, trial will not be starting on October 2nd and it is very likely that it won't take place for years. We want to get this trial over. Just thinking it could be years absolutely kills me."

This is just a guess of course but I can't imagine this is a fun thing. They want closure. They want it over. Some resolution.

jmo
 
  • #199
I went back and tracked this verbiage. The PCA states "I later noticed what appeared to be a tan leather knife sheath laying on the bed next to Mogen's right side". Then, in a June 16th States Motion for Protective Order (and not a separate written statement from another officer), page 2 in the Factual Background, I believe is where we first see the verbiage about the sheath "being face down and partially under both Madison's body and the comforter on the bed".

I believe it's entirely possible for both of these statements to be accurate and true. One end of the sheath could have been both under her body and the comforter and the other end visible beside her body. Personally, I don't see why this needs to be "questionable" in any way. MOOooo

If I had to lay a bet I would bet it doesn't matter what the docs say because that sheath will have been photographed before anyone touched it.

Just a guess.
 
  • #200
That doesn't explain why he saw it next to MM's right side but later it was stated it was found half under MM and half under the covers. We discussed this in a previous thread - I remember wondering, if MM were lying prone, how did the sheath wind up partially underneath her? This inconsistency is problematic, IMO.
You are saying it is noteworthy and a difference worth highlighting.

I disagree.

Could you please explain how you believe this particular difference might impact the sheath and/or the overall evidence in this case so I can better understand your position?
 
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