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

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  • #801
Victim Impact Stmts. in Idaho.
@Sundog Yes.
No opinions about the crime, the def't or sentencing are permitted.

Source:
From the ID. AG's "Idaho Manual on the Rights of Victims of Crime" Jan. 2023.
"19-2515. Sentence In Capital Cases -- Special Sentencing
Proceeding – Statutory Aggravating Circumstances
-- Special Verdict Or Written Findings.
***
"(5) (a) . . . Evidence concerning the victim and the impact
that the death of the victim has had on the victim's family is relevant and
admissible. Such evidence shall be designed to demonstrate the victim's
uniqueness as an individual human being and the resultant loss to the
community by the victim's death. Characterizations and opinions about
the crime, the defendant and the appropriate sentence shall not be
permitted as part of any victim impact evidence . . . ."

ETA: Added quote marks & @Sundog name.
 
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  • #802
When is the next hearing? Apologies if this has been linked.
 
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I see AT not getting her every whim and way with this new Judge. He seems by the book and sure not the kind to be intimidated or afraid of a little controversy. Good on him.

Meanwhile I bet Jtrips is having many calming and relaxing moments and few cocktails now that this is no longer on his shoulders. I'm okay with how this worked out actually.

JMO
Ghnn, just having a chuckle about trips j, aka jjj, aka J to the power of three kicking back with a cocktail or two. Yes, imo has worked out for the best but will miss the Hon. Judge John Judge a bit.
 
  • #805
MOD NOTE

Please keep the conversation about THIS CASE.

Generalized discussion about the death penalty as a whole may be worth a discussion, but it veers the discussion AWAY from the victims, and make it more about your experiences, stories and perspectives. If your post does not even mention this horrible crime, the victims or the perpetrator, then you are probably off topic. Off topic discussion starts a long line of replies so that at some point members and the visitors who come here may be confused about what the thread is actually about. You CAN have those chats in DMs, and as many as 20 members may participate in a conversation. These conversations are unmoderated and private - only those in the DM group will see the messages.

We cannot right all the wrongs of our society on this forum, and so we ask that you put the attention on the victims and bringing justice in their names.


THANK YOU for helping us keep this thread about the victims.

Knitty,
Moderator
 
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  • #809
@kfixler

New: #Idaho Judge John Judge, who entered national spotlight during the #Idaho4 case against #BryanKohberger before approving its venue change, is set to retire in January. The development likely explains why he didn't continue on with the case to Boise.



January 17th to be exact which is 6 days before the next big court date on January 23 which is when they rule on all the discovery motions. Interesting imo

Like AT said in court recently that she advised/warned them this day was coming.

JJJ wants no part of it imo.
 
  • #810
Today marks the two-year anniversary of the horrible murders of Kaylee Goncalves, Madison Mogen, Xana Kernodle, and Ethan Chapin. My thoughts are with their families and friends today. The wheels of justice turn slowly, but they do turn, and justice is coming, BK. I look forward to that day.
 
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  • #811
RIP Maddy, Kaylee, Xana and Ethan
Thinking of their families, friends and the University and Moscow community today.

Next July/ August.
 
  • #812
January 17th to be exact which is 6 days before the next big court date on January 23 which is when they rule on all the discovery motions. Interesting imo

Like AT said in court recently that she advised/warned them this day was coming.

JJJ wants no part of it imo.
Exactly. JJJ has left Hippler between a rock and a hard place. Hippler has to make a really difficult decision. Tough position to be in. JMO.
 
  • #813
A speedy trial was never an option. During the investigation, many hours of video evidence was reviewed. Not just by local LE, but state and federal resources were involved. This evidence was reviewed by many federal employees. The defense has to evaluate every second of this evidence looking for any sign of a white car which might place BK somewhere distant to the crime as well as looking at any similar white cars of other potential suspects. Despite what will likely be a great expense for the State of Idaho, the defense doesn't have the resources of the government and this video would need to be reviewed by a much smaller staff, likely made up of paralegals, interns and pre-law students. I personally would find looking at 5 terabytes of highly compressed video to be mind-numbingly boring.

I suspect further pre-trial machinations to occur trying to take the DP off the table. If convicted, I can't think of any reasonable argument by defense witnesses that would lead a jury to feel compassion for a person who broke into a house and killed 4 semi-random people with no apparent motive.
 
  • #814
Today marks the two-year anniversary of the horrible murders of Kaylee Goncalves, Madison Mogen, Xana Kernodle, and Ethan Chapin. My thoughts are with their families and friends today. The wheels of justice turn slowly, but they do turn, and justice is coming, BK. I look forward to that day.
I can't believe it's been two years already. It seemed to take forever for them to arrest a suspect but in hindsight, they really were on it.
 
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Thinking about Maddie, Kaylee, Ethan and Xana today. I didn’t know them, of course, but have looked at photos of them hundreds of times as I’ve covered their tragic, horrific murders. Thinking of their families. Every day is hard but today has to be excruciating. RIP
1731540187071.png
 
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I'm not seeing the problem with discovery or with choosing speedy trial or right to effective counsel. The Reponses indicate that "The State has provided and will continue to provide discovery in accordance with Idaho Criminal Rule 16 and applicable law and reserves any and all objections thereunder. ".

You can't provide discovery until you have been given it yourself and are done with inspection. If they get a shoe box of papers, they have to go through all the papers, make copies, decide if anything leads somewhere else, take pictures/scan, check what is in the bottom of the box what have you. If the FBI doesn't give Prosecution the box of paper for three months, Prosecution can't give it to the defense. As long as the discovery is passed along when the prosecution has finished with it, it is within the realm of providing it according to Criminal Rule 16. That takes as long as it takes. The only sticking point is if they were 100% done with some discovery and didn't turn it over in a timely fashion, and I haven't seen that admitted or proven yet. I've just seen accusations. And if I were defense, I'd be thrilled to get video, even without the audio that may still be being worked on. You put that in the pile of "Need the rest of this before trial". All parts come together at the end. If the FBI and the U.S. Attorney's Office have not given Prosecution all of the evidence the defense is requesting, Prosecution cannot give it to Defense. Plain and simple.

The choice of speedy trial vs effective counsel was not a choice of two rights. The choice was speedy trial or having as much information for his counsel as possible, which is not the same as effective counsel. Conflating "effective" with "having everything that might come to light over the course of many months" isn't correct. He obviously had Effective Counsel if they told him to waive the speedy trial. Speedy trial would have been a bad idea.

All JMO. Your mileage may vary.
 
  • #820
I'm not seeing the problem with discovery or with choosing speedy trial or right to effective counsel. The Reponses indicate that "The State has provided and will continue to provide discovery in accordance with Idaho Criminal Rule 16 and applicable law and reserves any and all objections thereunder. ".

You can't provide discovery until you have been given it yourself and are done with inspection. If they get a shoe box of papers, they have to go through all the papers, make copies, decide if anything leads somewhere else, take pictures/scan, check what is in the bottom of the box what have you. If the FBI doesn't give Prosecution the box of paper for three months, Prosecution can't give it to the defense. As long as the discovery is passed along when the prosecution has finished with it, it is within the realm of providing it according to Criminal Rule 16. That takes as long as it takes. The only sticking point is if they were 100% done with some discovery and didn't turn it over in a timely fashion, and I haven't seen that admitted or proven yet. I've just seen accusations. And if I were defense, I'd be thrilled to get video, even without the audio that may still be being worked on. You put that in the pile of "Need the rest of this before trial". All parts come together at the end. If the FBI and the U.S. Attorney's Office have not given Prosecution all of the evidence the defense is requesting, Prosecution cannot give it to Defense. Plain and simple.

The choice of speedy trial vs effective counsel was not a choice of two rights. The choice was speedy trial or having as much information for his counsel as possible, which is not the same as effective counsel. Conflating "effective" with "having everything that might come to light over the course of many months" isn't correct. He obviously had Effective Counsel if they told him to waive the speedy trial. Speedy trial would have been a bad idea.

All JMO. Your mileage may vary.
Exactly. These are accusations we see in every single high profile case. There seems to be no merit to any complaints here. This should fool no one.
 
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