4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #96

[jepop]

This is the original Defense Order to appoint "death qualified" co-counsel dated 3-7-2023:

https://s3.us-west-2.amazonaws.com/isc.coi/CR29-22-2805/030723+Order+Appointing+Co-Counsel.pdf

This is the original Prosecution Order to appoint Special Assistant Attorneys General dated 4-24-2023:

https://s3.us-west-2.amazonaws.com/isc.coi/CR29-22-2805/042423+Order+Appointing+Special+Assistant+Attorneys+General.pdf

I don't see any adjustment taking place. I see each team working as a TEAM.
MOO

I feel there 's alot to be said for good teamwork, knowing how and when to delegate, knowing when to give yourself a break. I just imagine how grateful BT and AJ might be to have IB and JN there at this time after what appears to have been endless discovery work, prep for change of venue etc in the last few months. Jmo

I think a team which has each others' backs will be an asset to a successful prosecution. The trial prep for this case is no walk in the park and I doubt BT and AJ have had time to do anything but eat, sleep and work lately. Some reprieve I imagine as not only most welcome but extremely sensible!. All moo

 

[foreverlennon]

really? I want to hear all about him..how he was a junky..how he creeps around at night, how he has stalked women..all the details of what he did in weeks prior and after...honestly wondering if he has done this before...and what all has gone on near his family home base. Once he is convicted they will run codis on his DNA. mOO

I feel he has done this before.

 

[foreverlennon]

What're the chances this is moved back again...

Chances are good in my mind

 

[Cindizzi]

https://twitter.com/x/status/1845051800124006905

[…]

The Goncalveses have stated that they intend to be in the courtroom for the entirety of the trial — and already have attended most previous hearings held in Latah County, before a change of venue was granted and the case was moved to Boise. The high-profile murder trial has been scheduled to start on July 30, 2025, with jury selection, followed by the trial beginning on Aug. 11, 2025.

Benjamin Mogen, meanwhile, told the Idaho Statesman by email that he and a couple of family members would plan to attend the trial in Boise in person only for the victims’ impact portion and sentencing, should a jury convict Kohberger.

[…]

https://www.idahostatesman.com/news/local/crime/article293859399.html

 

[SpiderFalcon]

This is the original Notice filed JUNE 26, 2023:

https://s3.us-west-2.amazonaws.com/isc.coi/CR29-22-2805/062623+Notice+Pursuant+to+Idaho+Code+18-4004A.pdf

This is the amended Notice filed OCTOBER 9, 2024:

https://s3.us-west-2.amazonaws.com/isc.coi/CR01-24-31665/2024/100924-Amended-Notice-Pursuant-18_4004A.pdf

This is the paragraph that was removed, from:

Section 19-2515 – Idaho State Legislature

legislature.idaho.gov

(g) The murder was committed in the perpetration of, or attempt to perpetrate, arson, rape, robbery, burglary, kidnapping or mayhem and the defendant killed, intended a killing, or acted with reckless indifference to human life.

All of it is in reference to IC 19-2515, relating to Death Penalty. I'm curious why this ^^^^ was amended.

 

[Nila Aella]

This is the original Notice filed JUNE 26, 2023:

https://s3.us-west-2.amazonaws.com/isc.coi/CR29-22-2805/062623+Notice+Pursuant+to+Idaho+Code+18-4004A.pdf

This is the amended Notice filed OCTOBER 9, 2024:

https://s3.us-west-2.amazonaws.com/isc.coi/CR01-24-31665/2024/100924-Amended-Notice-Pursuant-18_4004A.pdf

This is the paragraph that was removed, from:

Section 19-2515 – Idaho State Legislature

legislature.idaho.gov

(g) The murder was committed in the perpetration of, or attempt to perpetrate, arson, rape, robbery, burglary, kidnapping or mayhem and the defendant killed, intended a killing, or acted with reckless indifference to human life.

All of it is in reference to IC 19-2515, relating to Death Penalty. I'm curious why this ^^^^ was amended.

This was the D Motion to strike

Motion to Strike Felony Murder Aggravator:
COMES NOW, Bryan C. Kohberger, by and through his attorneys of record, and hereby moves to strike the felony murder aggravator from the State’s Notice Pursuant to Idaho Code § 19-4004A. This Motion is made on the grounds that a malice aforethought murder cannot be aggravated by a burglary that itself is predicated on the same murder.

https://s3.us-west-2.amazonaws.com/isc.coi/CR29-22-2805/2024/090524-Motion-Strike-Felony-Murder-Aggravator.pdf

 

[jepop]

Be good to get a legal opinion.

Hypothesising; 1) removal of clause (g) may be in anticipation of a possible technical argument D may launch, or perhaps has launched already, in it's filings objecting to the death penalty (which I haven't read so this is just a speculative guess)? - some argument to do with the inclusion of "...or intent to perpetrate, arson, rape, robbery, burglary, kidnapping or mayhem". Could the addition of 'or intent to perpetrate' somehow be used by D to undermine P's intended stance at sentencing hearing ? ie seems likely P will seek to emphasise premeditation and planning of callous and depraved murder imo; or maybe

2) could be clause (g) is unnecessary and obsolete and removal simplifies the P's current intended stance. For eg the wording appears to offer 'reckless indifference to human life' as an alternative to 'intended a killing'. Maybe the P just want to avoid all possible ambiguity that D could latch onto at sentencing. Moo/ speculative. The other clauses have indifference to life and intention to kill (murder 1st degree) covered via alternative language sufficiently already? So yeah, maybe a simplification and an anticipatory safeguard against predicted D arguments. Jmo

 

[Megnut]

This is the original Notice filed JUNE 26, 2023:

https://s3.us-west-2.amazonaws.com/isc.coi/CR29-22-2805/062623+Notice+Pursuant+to+Idaho+Code+18-4004A.pdf

This is the amended Notice filed OCTOBER 9, 2024:

https://s3.us-west-2.amazonaws.com/isc.coi/CR01-24-31665/2024/100924-Amended-Notice-Pursuant-18_4004A.pdf

This is the paragraph that was removed, from:

Section 19-2515 – Idaho State Legislature

legislature.idaho.gov

(g) The murder was committed in the perpetration of, or attempt to perpetrate, arson, rape, robbery, burglary, kidnapping or mayhem and the defendant killed, intended a killing, or acted with reckless indifference to human life.

All of it is in reference to IC 19-2515, relating to Death Penalty. I'm curious why this ^^^^ was amended.

This was the D Motion to strike

Motion to Strike Felony Murder Aggravator:
COMES NOW, Bryan C. Kohberger, by and through his attorneys of record, and hereby moves to strike the felony murder aggravator from the State’s Notice Pursuant to Idaho Code § 19-4004A. This Motion is made on the grounds that a malice aforethought murder cannot be aggravated by a burglary that itself is predicated on the same murder.

https://s3.us-west-2.amazonaws.com/isc.coi/CR29-22-2805/2024/090524-Motion-Strike-Felony-Murder-Aggravator.pdf

Maybe... the State doesn't need the aggravator so, by eliminating it, they deflate the Defense's argument. Avoids the debate. They don't need a breaking and entering charge to qualify BK for the DP... so IMO this change could simply be to tidy up the charges.

Granted, I'm guessing so there's that.

JMO, out of my lane

 

[Nila Aella]

The D argument was that you cannot use the same act (the murder) to both establish the crime and then use it again to enhance the severity of the crime.

In this case it is the burglary portion of (g)

(g) The murder was committed in the perpetration of, or attempt to perpetrate, arson, rape, robbery, burglary, kidnapping or mayhem and the defendant killed, intended a killing, or acted with reckless indifference to human life.

The D's objection was sound.
The proscecution withdrew the burglary aggravator.
JMO

 

[Cool Cats]

The D argument was that you cannot use the same act (the murder) to both establish the crime and then use it again to enhance the severity of the crime.

In this case it is the burglary portion of (g)

(g) The murder was committed in the perpetration of, or attempt to perpetrate, arson, rape, robbery, burglary, kidnapping or mayhem and the defendant killed, intended a killing, or acted with reckless indifference to human life.

The D's objection was sound.
The proscecution withdrew the burglary aggravator.
JMO

Look, if this guy is guilty I want a life sentence.

Does anyone actually think that he will not be in a "form of death row" if not on death row?

With LWOP I believe that so many inmates in the general population will be wanting to harm him that he will end up locked away in a single cell not much different from death row.

2 Cents

 

[Milkyjoe]

The prison (if convicted) will likely be Idaho Max Security Institution?

 

[schooling]

This case is pretty simple (IMO). The path from BKs apartment to the crime scene is pretty linear.

While also being strategically beneficial… it’s good to see prosecutors slightly narrowing their beefy case and giving the jury one less statute to understand and consider.

IMO (why we are here after all) the defense should be viewing a life sentence as a win.

 

[Justice101]

This case is pretty simple (IMO). The path from BKs apartment to the crime scene is pretty linear.

While also being strategically beneficial… it’s good to see prosecutors slightly narrowing their beefy case and giving the jury one less statute to understand and consider.

IMO (why we are here after all) the defense should be viewing a life sentence as a win.

Very astute observation and I 100% agree. thanks!

 

[Justice101]

Whew! Finally found the current thread!

I could not find where they added an actual link when the old thread was closed due to being full.

Anyone else have this problem?

 

[Cool Cats]

This case is pretty simple (IMO). The path from BKs apartment to the crime scene is pretty linear.

While also being strategically beneficial… it’s good to see prosecutors slightly narrowing their beefy case and giving the jury one less statute to understand and consider.

IMO (why we are here after all) the defense should be viewing a life sentence as a win.

Yes, absolutely. You totally get it. A death penalty lawyer's job is to

KEEP CLIENT OFF OF DEATH ROW.

Which will not happen in this case without a plea deal. Many plea deals happen one week before trial ..... when the death penalty attorney levels with their client about the overwhelming evidence against them.

2 Cents

 

[ChatteringBirds]

Whew! Finally found the current thread!

I could not find where they added an actual link when the old thread was closed due to being full.

Anyone else have this problem?

The previous thread, #95, is there, and its last entry has a clear link to this thread, #96. However it looks like thread #95 was accidentally not listed (linked) on entry #1 of this thread. (But you can get to it from the last entry of thread #94. And then its last entry does bring you here.)

 

[Boxer]

I feel he has done this before.

I believe he was hot prowling at least to support his heroin addiction.

 

[Balthazar]

Idaho's new way of paying COV lawyers, etc., leaves Kohberger's lawyers in a complicated situation:

Bryan Kohberger's lawyers stuck in complicated situation

Bryan Kohberger's lawyers face several challenges as the trial proceeds, including a new trial location and compensation system.

www.newsweek.com

 

[Milkyjoe]

I believe he was hot prowling at least to support his heroin addiction.

He was what?

 

[al66pine]

dbm