4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #92

[10ofRods]

Based only on my "court-watching" from afar and not based on any professional expertise, what the defense wants to do is commonly done. It's not enough when asking for a change of venue to simply assert to the Court the defense believes the defendant can't get a fair trial-- there must be data to show that. The way the defense proposes to acquire those data by employing a research firm is also common IMO. (The motion discusses the need for data in the context of an Idaho case-- Hadden-- but this is an issue everywhere.)

IMO the State's claim that this amounts to violating the gag order & unacceptably "researching prospective jurors" is a bit disingenuous. But, of course, the State would prefer not to have a change of venue.
MOO

But it's not commonly done to do this by phone and to actually discuss case facts with potential jurors (by a representative of the Defense). There's a non-dissemination order here. Typically, Judges look over and approve questionnaires (not phone calls) and then allow a design wherein a small sample (statisticians and social scientists know that 100 is enough) takes the survey. Typically, the 100 surveys are distributed in a manner consistent with the demography of the county. It used to be a common practice among jury consultants here in California, but now internet-based data is used instead.

I don't think the State's claim is disingenuous at all and I'm glad that one of the "potential jurors" actually recorded their phone call so that the Judge can base his decision on what was actually said - any going off script (if there was an approved script) is a no-no. If there was no script and this was done without Judge's approval: big legal no no.

I know of know jury research firms who would do this by phone and have conversations (it's best to do it in an automated way - esp if more than 100 people are polled). Interactions should be recorded by the research firm and the Court should be able to review that - at least in most jurisdictions.

What the defense did is not commonly done in any of the states where I've done jury research.

IMO.

 

[arielilane]

WATCH LIVE: Idaho Student Murders — ID v. Bryan Kohberger — Motions Hearing ​

The man accused of killing four University of Idaho students will appear in court Thursday for a motions hearing. Bryan Kohberger’s attorneys are pushing for a change of venue claiming the people of Latah County will most certainly have a bias in the case. The quadruple murder trial isn’t expected to begin until late summer of 2025.

 

[Smelly Squirrel]

Says it's starting at 1:30.

 

[arielilane]

Starts at 1:30 pm PT and 4:30 pm ET

 

[arielilane]

Says it's starting at 1:30.

Yeah, the time changed at some point...

 

[arielilane]

@newsfromkerri

For those of you following the Bryan #Kohberger case in Latah County, I will be live tweeting the latest hearing at 1:30 today. Judge John Judge provides a livestream on his YouTube channel if you want to watch the proceeding.


3:45 PM · Apr 4, 2024
Discussion topics include state's objection to defense's telephone survey of potential jurors and due process. Whether this high profile quadruple murder trial gets moved to another venue hasn't been decided. Lengthy trial is expected to take place next year.

 

[arielilane]

#BryanKohberger will appear in District Court in about 30 minutes. He is accused of stabbing four University of Idaho students to death on Nov. 13, 2022, in Moscow. He was later arrested in his home state of Pennsylvania and remains in custody of the Latah County Jail.

@newsfromkerri
https://twitter.com/newsfromkerri
4:05 PM · Apr 4, 2024

 

[10ofRods]

Thank you so much @arielilane for your hard work and diligence.

Should be an interesting hearing. Closer and closer to trial.

 

[arielilane]

@newsfromkerri

#BryanKohberger hearing is underway. Prosecutor Bill Thompson said he's concerned about information used for defense's recent telephonic survey of Latah County residents. He believes questions by people hired to do the survey violated the gag order.


4:37 PM · Apr 4, 2024

Transcript of a call: Have you read, seen or heard about murders, knife sheath, DNA, white car, cell tower data, students lived in fear, Kohberger was out driving alone, etc. Those questions are disseminating evidence that would be presented at trial, Thompson said.


Agents of defense interrogated 400 residents and embedded "facts" of case, whether they were true or not. Conduct was reckless and outrageous, prosecutor said.

 

[QB2022]

he is livid!

 

[arielilane]

@newsfromkerri

Kohberger, seated at the defense table, is focused on the prosecutor or looking straight ahead. Very few people in the courtroom. Judge John Judge is on the bench. Defense attorney Anne Taylor is sitting next to the defendant.


4:43 PM · Apr 4, 2024

 

[arielilane]

@newsfromkerri

The defense's people brought this on themselves, Thompson said. "They made their bed, they have to live in it." He wants to make sure more people are not "tainted" by these types of survey questions.


Judge said one remedy is disqualifying the 400 people who were contacted. Latah County has about 40,000 residents.


Judge wants to hear more about the process. Taylor said she didn't write the questions. Survey was done by Bryan Edelman, who is appearing via Zoom. She said the anonymous survey is similar to other ones done during high profile cases.


Did Edelman know about the non-dissemination order? Taylor said he studied news stories about Kohberger. Judge said we have worked so hard to protect a fair trial. Our concern was all of the media stuff floating around. Some of these questions are concerning, judge said.

 

[Megnut]

AT says she did not write the questions, claims it was a random and anonymous canvas.

Judge asks if BE was aware of the dissemination order.

AT claims BE drafted the questions from what was publicly available.

Judge, not having it.

JMO

 

[Megnut]

AT is going after the judge directly.

AT... "maybe I phrased that poorly". Ya think.

JMO

 

[arielilane]

@newsfromkerri

Taylor is upset about judge's order on late Friday afternoon. She said she didn't get a chance to respond. Judge said he read the materials, and it seemed like there were legitimate concerns about the survey. Judge said he set a hearing and properly gave everyone notice.


4:53 PM · Apr 4, 2024

 

[Megnut]

AT is upset that the Judge basically ordered her to stand down (relative to the phone surveys). Says she's been set back by these two weeks. Blaming the judge.

Judge, so not having it.

Judge says she could have had that conversation with the State and we wouldn't be here.

JMO

 

[Megnut]

Judge calling AT out for not providing BE a copy of the dissemination order.

 

[Megnut]

Judge is not happy that he's being accused of interfering with BK's due process.

 

[Megnut]

Now AT needs additional time to continue her surveys.

 

[Megnut]

Judge calls this a big deal.