4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #91

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  • #781
I'm still sitting here brewing over what exactly AT wants from unsealing part of...discovery? discovery used during the GH process? I guess we can't know unless and until it is unsealed, but it so strange.

If it were truly exonerating information, I personally believe Judge Judge would have noticed amidst all these motions. Surely it's just an attempt to get a little positive spin before trial?

But WHAT could it be??? Driving me nuts and leading me to

SPECULATION, of course. And I still got nothin.
Maybe it discloses part of BF and DM's supposed texting, or their statements to LE. Seems like that could be intimidating, or maybe it could be taken as "exonerating" and maybe that's why she's willing to have it unsealed? JMO
 
  • #782
Wow.

Since when is the court influenced by popular sentiment?

Why is the defense trying to skirt gag orders?

If the public is aware of some juicy tidbit, how does that assist justice?

Perhaps it was done so it would be talked about, speculated and that's good enough for the defense.

Jmo
Agree. Honestly there is no case for AT to make so she is going after the law, like all criminals who do not have a truthful defense.
 
  • #783
Nothing new here, posted for the record.


Attorneys for accused University of Idaho quadruple murderer Bryan Kohberger asked the court last week to unseal documents they claim prosecutors do not want public.

Twice, Kohberger has sought to have his grand jury indictment dismissed. ABC News reported that defense attorneys have argued that the grand jury used the wrong standard of proof because they were given incorrect instructions, and the grand jury was biased because prosecutors withheld evidence that would have supported Kohberger’s case.

Both of those motions were denied and Kohberger is awaiting trial. A pretrial hearing — in which Kohberger will again argue to toss the grand jury indictment — is scheduled for January 26.

...

KNIX reported that prosecutors want Kohberger’s trial to begin in June.

Bryan Kohberger Asks Court to Unseal Private Motions, Including Request to Dismiss Indictment

January 17, 2024
 
  • #784
I hide them in plain sight. Inside back cover of book I have sitting out.

To stay ON TOPIC.......

Thanks

arielilane

I know this defeats the purpose but I just keep them on my Mac.
All he had to do was google the answer to the question of how to keep knife victims from making noise and he'd find the answer. I believe that's probably what he did. It's also consistent with what SG said about KG's wounds and consistent in general with the torso/upper body wounds mentioned (I believe) by the Coroner.

I believe he also knew about how many people were there that night and figured he could handle the situation - which he did. I do not believe it was the first time he'd ever entered someone else's house without permission, although I am not saying he had killed before. Big parties at that house were typically on Friday, IMO (there's a statement somewhere about pre-parties at off-campus sorority houses in Moscow by more than one person in MSM, but it was ages ago, so let's just say that's a widespread tradition on college campuses, IMO. The big Frat parties were typically on Saturday nights and he knew that too. He might not have known EC was going to be there, but in the end, he was not stopped from killing by EC.

He probably could see only one roommate was up and around on his 2-3 passings by of the house. At the time he entered, perhaps she had just turned off kitchen lights shortly before - hard to know. At any rate, it's likely he had studied the house, as most hot prowlers do and in mental union with some of his favorite serial killers/rapists, ones who make national news.

IMO.
scary
 
  • #785
This is such an interesting article posted by @Cool Cats. I know I’ve read it before, but reading it again got me thinking if a family member is who actually called in to LE about their brother? Provided LE with the info needed. Iirc, didn’t BK return to PA on or around Dec. 17th? He is then arrested Dec. 30th.

Previously, there were no suspects named publicly or any leads. BK’s family were so suspicious of him they searched his vehicle. Perhaps this was already mention, anyway, it's a moo. ;)

Really hoping for a trial this summer.


Wednesday 24 May 2023 11:51 BST
 
  • #786
This is such an interesting article posted by @Cool Cats. I know I’ve read it before, but reading it again got me thinking if a family member is who actually called in to LE about their brother? Provided LE with the info needed. Iirc, didn’t BK return to PA on or around Dec. 17th? He is then arrested Dec. 30th.

Previously, there were no suspects named publicly or any leads. BK’s family were so suspicious of him they searched his vehicle. Perhaps this was already mention, anyway, it's a moo. ;)

Really hoping for a trial this summer.


Wednesday 24 May 2023 11:51 BST

It is an interesting question. Did his sister call LE telling them she was suspicious?

The thing is, I believe LE already suspected BK before he got back to Pennsylvania because it was November 29, 2022 when LE got a real handle on BK:

Investigators were aware of Kohberger more than a month before his arrest.

On November 29, Daniel Tiengo, a WSU police officer, found a white Hyundai Elantra registered to Kohberger as he searched for vehicles matching the description of one seen near the scene on the night of the killings, according to a probable cause affidavit.

That information was passed to Corporal Brett Payne, the Moscow police's lead investigator. Payne typed the vehicle's details into the motor vehicles record system and saw Kohberger's drivers license photo and information matched the witnesses' description.


There is no way the defense can downplay - to any great effect - DM's description of the intruder she saw. How can you negate something that already happened? Her specific description fit BK's drivers license information and helped lead right to BK.

According to the PCA, LE matched the dad's DNA before the arrest so I believe LE went through the Pennsylvania family trash before BK even got to Pennsylvania.

To follow BK across the country also tells me they got the DNA match while BK was still in Washington.

2 Cents

 
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  • #787
I'm still sitting here brewing over what exactly AT wants from unsealing part of...discovery? discovery used during the GH process? I guess we can't know unless and until it is unsealed, but it so strange.

If it were truly exonerating information, I personally believe Judge Judge would have noticed amidst all these motions. Surely it's just an attempt to get a little positive spin before trial?

But WHAT could it be??? Driving me nuts and leading me to

SPECULATION, of course. And I still got nothin.
MOO I think it's BFs witness statement, as an iteration of the hostile subpoena.
 
  • #788
I'm still sitting here brewing over what exactly AT wants from unsealing part of...discovery? discovery used during the GH process? I guess we can't know unless and until it is unsealed, but it so strange.

If it were truly exonerating information, I personally believe Judge Judge would have noticed amidst all these motions. Surely it's just an attempt to get a little positive spin before trial?

But WHAT could it be??? Driving me nuts and leading me to

SPECULATION, of course. And I still got nothin.
MOO I think it's BFs witness statement, as an iteration of the hostile subpoena.

This is what Anne Taylor wants unsealed:

Background:

The defense filed a Motion to have Kohberger's murder indictment dismissed relating mostly to the GJ.

The prosecution then filed a Motion against this.

The defense then filed a Motion arguing against the points in the prosecution's Motion. The defense is arguing that the prosecution's Motion not to dismiss the charges is without merit.

So then it was the prosecution's idea to seal all these Motions relating to dismissing the indictment against BK.

The defense wants these Motions unsealed. The defense wants the public to see all the reasons that BK's murder indictment should be dismissed.


 
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  • #789
It is an interesting question. Did his sister call LE telling them she was suspicious?

The thing is, I believe LE already suspected BK before he got back to Pennsylvania because it was November 29, 2022 when LE got a real handle on BK:

Investigators were aware of Kohberger more than a month before his arrest.

On November 29, Daniel Tiengo, a WSU police officer, found a white Hyundai Elantra registered to Kohberger as he searched for vehicles matching the description of one seen near the scene on the night of the killings, according to a probable cause affidavit.

That information was passed to Corporal Brett Payne, the Moscow police's lead investigator. Payne typed the vehicle's details into the motor vehicles record system and saw Kohberger's drivers license photo and information matched the witnesses' description.


There is no way the defense can downplay - to any great effect - DM's description of the intruder she saw. How can you negate something that already happened? Her specific description fit BK's drivers license information and helped lead right to BK.

According to the PCA, LE matched the dad's DNA before the arrest so I believe LE went through the Pennsylvania family trash before BK even got to Pennsylvania.

To follow BK across the country also tells me they got the DNA match while BK was still in Washington.

2 Cents

Would LE have a legal right to go through the K's trash before BK was physically there in PA and not arrested? IDK
 
  • #790
According to the PCA, LE matched the dad's DNA before the arrest so I believe LE went through the Pennsylvania family trash before BK even got to Pennsylvania.

To follow BK across the country also tells me they got the DNA match while BK was still in Washington.

According to the PCA, Dec 27 is when they retrieved the trash and began the process of flying it back to ISP crime lab. Dec 28 is when they got the results of the familial match.

"On December 27, 2022, Pennsylvania Agents recovered the trash from the Kohberger family residence located in Albrightsville, PA. That evidence was sent to the Idaho State Lab for testing. On December 28,2022, the Idaho State Lab reported that a DNA profile obtained from the trash and the DNA profile obtained from the sheath, identified a male as not being excluded as the bioiogical father of Suspect Profile."

 
  • #791
According to the PCA, Dec 27 is when they retrieved the trash and began the process of flying it back to ISP crime lab. Dec 28 is when they got the results of the familial match.

"On December 27, 2022, Pennsylvania Agents recovered the trash from the Kohberger family residence located in Albrightsville, PA. That evidence was sent to the Idaho State Lab for testing. On December 28,2022, the Idaho State Lab reported that a DNA profile obtained from the trash and the DNA profile obtained from the sheath, identified a male as not being excluded as the bioiogical father of Suspect Profile."

I just read that BK & his Dad drove from WA to PA sometime on Dec 13-15th. BK had those 2 traffic stops in IN on Dec 15th, so he was home well before the Dec 27th date of recovering trash from the Kohberber residence. Good reminder for me on the timeline at link below.

<snipped>

Dec. 15, 2022: Traffic stop​

A trooper's body cam captures a white Hyundai Elantra being stopped twice in Indiana for driving violations. The driver is 28-year-old Bryan Kohberger, who is accompanied by his father. They were driving home from Washington State University for winter break to the family's home in Pennsylvania.

Idaho student murders: A timeline of the killings and investigation
 
  • #792
Maybe it discloses part of BF and DM's supposed texting, or their statements to LE. Seems like that could be intimidating, or maybe it could be taken as "exonerating" and maybe that's why she's willing to have it unsealed? JMO

Yes, and likely used to create doubt in the public. Two fuzzy memories from groggy college student that cannot positively identify BK... well duh.. .eyewitness testimony is not very hard evidence and the prosecution probably has a lot of evidence to present.

This is ALL the defense actually has!!! fuzzy testimony from two (probably) inebriated college students is not going to be enough to create doubt.
 
  • #793
I think AT is just filing this Motion to unseal so that the public can see what she put forth as far as the GJ hearings being biased against BK and BT doing whatever she claimed as 'misconduct'.

She's just trying to put her negative spin on the ruling. I don't think JJJ will allow it to be unsealed, but who knows?

JMO
 
  • #794
Would LE have a legal right to go through the K's trash before BK was physically there in PA and not arrested? IDK
Once trash is out on the curb, anyone can access it.
 
  • #795
I think AT is just filing this Motion to unseal so that the public can see what she put forth as far as the GJ hearings being biased against BK and BT doing whatever she claimed as 'misconduct'.

She's just trying to put her negative spin on the ruling. I don't think JJJ will allow it to be unsealed, but who knows?

JMO

Yes.

It is simply to unseal the motion to dismiss the case. Just this one.

The reason given is so the public can see all the reasons the case should be dismissed.

But why?

Because when the jury is seated the defense will not he able to tell the jury why the case should be dismissed. The defense can only get this information in front of the jury this way. Now it is possible some members of the future jury will see this.

This is the only reason to put all this before the public.

My opinion only. I can't think of any other reason.

2 cents
 
  • #796
Yes.

It is simply to unseal the motion to dismiss the case. Just this one.

The reason given is so the public can see all the reasons the case should be dismissed.

But why?

Because when the jury is seated the defense will not he able to tell the jury why the case should be dismissed. The defense can only get this information in front of the jury this way. Now it is possible some members of the future jury will see this.

This is the only reason to put all this before the public.

My opinion only. I can't think of any other reason.

2 cents
Or, knowing it won't be granted, is doing it to imply there's something exonerating within, knowing there isn't.

It's got us talking.

Maybe that was the point. Not us, per se, but the wider public.

JMO
 
  • #797
According to the PCA, Dec 27 is when they retrieved the trash and began the process of flying it back to ISP crime lab. Dec 28 is when they got the results of the familial match.

"On December 27, 2022, Pennsylvania Agents recovered the trash from the Kohberger family residence located in Albrightsville, PA. That evidence was sent to the Idaho State Lab for testing. On December 28,2022, the Idaho State Lab reported that a DNA profile obtained from the trash and the DNA profile obtained from the sheath, identified a male as not being excluded as the bioiogical father of Suspect Profile."


Thanks.

I find this more than interesting. Think about it.

Even without LE having ANY DNA to link Kohberger they still had him as the suspect and followed him all the way to Pennsylvania, probably afraid he might take off and hide from them.

Even to have probable cause to arrest him they had the judge consider it without the DNA. So this is a strong case even without the DNA.....2 Cents

Now add in this:

The DNA is 5.37 Octillion times likely to be BK's DNA.

Maybe the defense could get it lowered down to one of these instead?

5.37 Septillion
Or
5.37 Sextillion
Or
5.37 Quintillion
Or
5.37 Quadrillion
Or
5.37 Trillion
Or
5.37 Billion
Or
5.37 Million
Or
5.37 Thousand
 
  • #798
Once trash is out on the curb, anyone can access it.

Anyone can access it but all the same where I live (in the UK), it's unlawful to go through someone's domestic waste and remove it.

I only know this as there was once a crazy neighbour who was rooting through people's recycling bins - her purpose was to prove that they had not recycled correctly and action had to be taken against her as she would remove the offending items in order to name and shame the household.
 
  • #799
Anyone can access it but all the same where I live (in the UK), it's unlawful to go through someone's domestic waste and remove it.

I only know this as there was once a crazy neighbour who was rooting through people's recycling bins - her purpose was to prove that they had not recycled correctly and action had to be taken against her as she would remove the offending items in order to name and shame the household.

It can get complicated in the US because of individual state laws and on top of that individual city laws.


If you pick up an item off the streets of New York City and put it in your car, you'd be violating a local law. In 2010, a man loaded a discarded air conditioner into his aunt's car and both of them were fined $2,000 each, according to a Consumerist blog post. The law prohibiting people from picking up trash and putting it into a vehicle is supposed to deter organized rings of criminals from profiting from people's trash.

However, passersby on foot are allowed to take stuff from the curb, according to the city's Department of Sanitation. However, the Department of Sanitation owns all recyclables that have been put on the curb for pickup.

In some cities there can be trespassing laws making it illegal to take trash off private property. Other cities have "dumpster diving" laws to keep people from going through large trash containers.

Many cities have enacted anti-scavenging laws to keep people from stealing (and making money from) recyclable materials.



 
  • #800
Anne Taylor in another case last year. This shows that it is normal for her to leave no stone unturned in her defense of death penalty defendants.

May 2, 2023

Second District Judge Mark Monson granted a motion to challenge the death penalty for Richard Ross that cited Idaho's new law on firing squads as a method of execution as the reason for objection.

Monson made the decision at a motion hearing Tuesday at the Nez Perce County Courthouse, where attorneys appeared by Zoom, and also granted the release of property to Ross.

Richard Ross is facing the death penalty and a first-degree murder charge for the death of his former brother-in-law Michael Devin, and Devin's mother, Edwina "Eddy" Devin.

In the motion filed by Ross' attorney, public defender Anne Taylor, she requested that the court allow the challenge to the death penalty in addition to other challenges that have been filed.
 
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