Yes, definitely Boise (Ada County). I live there, so if the venue changes, I hope to attend some of the hearing in person if it's not televised.
ID - 4 Univ of Idaho Students Murdered - Bryan Kohberger Arrested - Moscow # 70
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I wonder if the POA was signed over to an agent for the public defenders office rather than an individual.
People have been known to change jobs and there has to be some provision for that.
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I'm thoroughly confused as to why Xana's mom even signed a "POA" in the first place. JMO
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<modsnip> I am of the opinion that this attorney, who is DP certified and closest in location, should have been benched in anticipation of defending the murderer of these 4 victims. I understand that the office that she oversees has a ton of cases, but to personally take on X’s case after her daughter’s murder should have been considered.
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Perhaps whomever was/is responsible for assigning counsel to clients, did not realize at the time, that Kernodles mother was related to one of the murder victims, as it seems the mother goes by a different name?
ETA: Also, at the time of the assignment of counsel to CN's case, was there an accused yet in the murder case? And if this lawyer had already been acting for the mother on other cases in the past, it may only have made sense to the person assigning counsel to clients, that the same counsel would continue with same client?:
CN's daughter Xana Kernodle, 20, was killed in November in the student house in Moscow, Idaho, which she shared with three friends.
Mom of Idaho victim slams lawyer for now representing accused KILLER
Cara Northington's daughter Xana Kernodle, 20, was murdered with three friends in their student house in Moscow, Idaho. Northington's lawyer is now representing the accused killer.
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GRT
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My concern, and maybe I'm way off-base with this thought--is that BK could use this to appeal a conviction, by claiming Taylor couldn't adequately represent him because she had a conflict. MOO
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I wonder to as POAs are often misunderstood. It’s not as it broad legal authority can be granted to another person to act on all matters on one’s behalf. That’s true, Living Wills are indeed heath related but are primarily associated with end of life care.
But it appears the POA is not the whole story. According to this AT was initially assigned by the public defenders office, perhaps rehab was forseen to mitigate sentencing? Regardless, as it’s indicated to be unrelated to the murders IMO it could be argued there’s no COI, however the possibility does make for good media sensationalism without disclosing the actual situation.
“The parent previously was sentenced on unrelated misdemeanor charges. In that case, as well as another where the parent faces two felony charges, the public defender’s office withdrew in favor of a local criminal defense attorney unrelated to Taylor or the county’s public defender’s office.”
Read more at: https://www.idahostatesman.com/news/local/crime/article271507917.html#storylink=cpy
Makes sense to me. I think it's very possible no connection between CN and XK was made early on. And while it would be "cleaner" had the last assignment to CN not been made, I'm not sure CN would feel much better. I got the feeling the majority of interactions with the attorney preceded the latest case anyway. So her feeling of broken trust might very well be the same. And IF there's no actual factual legal conflict, then the latest assignment and reassignment doesn't matter in that sense.Perhaps whomever was/is responsible for assigning counsel to clients, did not realize at the time, that Kernodles mother was related to one of the murder victims, as it seems the mother goes by a different name?
ETA: Also, at the time of the assignment of counsel to CN's case, was there an accused yet in the murder case? And if this lawyer had already been acting for the mother on other cases in the past, it may only have made sense to the person assigning counsel to clients, that the same counsel would continue with same client?:
CN's daughter Xana Kernodle, 20, was killed in November in the student house in Moscow, Idaho, which she shared with three friends.
Mom of Idaho victim slams lawyer for now representing accused KILLER
Cara Northington's daughter Xana Kernodle, 20, was murdered with three friends in their student house in Moscow, Idaho. Northington's lawyer is now representing the accused killer.www.dailymail.co.uk
JMO
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Yep, that is where I went immediately with that information.
Although... it has probably happened many times before one defendant is previously represented by an attorney who then later defends another person who was a victim of the first person. And visa versa.
there is probably a legal opinion or precedent on this issue and may not be a problem and the legal people would know that better than us rookies.
My huge issue is that AT didn't previously represent CN. She was actively representing her at the time she was assigned to BK's case. I can't see how to justify an attorney leaving a current client to represent her child's accused killer.
Do public defenders in the US maintain a continuing relationship with clients? In my area, someone is simply assigned the next available public defender on this list.
The only real exception would be aborignal people who had request a aboriginal public defender.
My understanding is that it has more to do with the fact that AT is one of the only attorneys in Idaho that is certified to work a death penalty case. There are a few others, but there are issues with distance.
It's such a terrible situation for everyone involved (except BK).
It's such a terrible situation for everyone involved (except BK).
Does AT practice as a private attorney while working as a public defender? If so, I kind of feel sorry for her because the whole siuation is making her look like she sacrificed an existing vulnerable client to get the “BIG” case. Bad PR for her and the State of Idaho’s Public Defense Office. I am not saying this is what was done, just stating what the press and comments from the public seem like. All my opinion.
Now, just to convince my boss to give me the time off...!Wow!
We will count on you as a WS court correspondent
It feels to me like the media and social media are working hard to ruin her reputation simply for doing the job she was hired to do and my fear is that this concerted effort to tear her down is going to create greater problems in the long run.
People seem quick to assume that the mother shouldn't have to use a new public defender but it's okay in a high profile murder case for accused to find a quck Plan B. In my opinion, the quickest way to a mistrial is to take away his best possible option for a solid defence.
On the other hand, while the media is busy harming her reputation, there is also a chance that shes representing BK until something diferent is in place.
I can absolutely understand having questions and wanting answers but some of the media coverage and all of the social media coverage has less to do with questions and more to do with destroying a career and I'm concerned that even if BK finds new representation, the same behaviour will occur.
That would be my only concern, too, if there truly is a conflict of interest. I don't think there is simply because I believe no one would have allowed this to happen if it was against the law here in Idaho. I think the media (and social media especially) is behaving like this is a BOMB SHELL discovery and that the attorneys involved (both the prosecution and defense) are trying to pull a fast one. No way! And I do not think the attorneys involved owe the public an explanation simply because we do not understand the law. MOO.
THANK YOU! So well said. I agree 100%.
ETA - I kind of expected this to happen because there is such a strict gag order in place for this case. Everyone is going bonkers and treating every little tidbit of information like juicy gossip and just running with it. It's kind of sad.
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Well, clearly, I picked a terrible night to fall asleep on the couch after dinner. Thank you to everyone to replied to my question about out of state attorneys. That was very helpful. As to XK's mother, that poor lady. I don't know how she is able to sit up right with all the burden she is carrying right now. I'm certainly not qualified to know whether AT followed all the rules or not, but it doesn't feel right in my "gut", and I can certainly understand why XK's mother would be distraught about the situation. "The lawyer the state gave me used to work the mother for someone I was supposed to have killed!" certainly sounds like it would be an eyebrow raiser at appeal time. MOOooo
Thank you to everyone to replied to my question about out of state attorneys. That was very helpful. As to XK's mother, that poor lady. I don't know how she is able to sit up right with all the burden she is carrying right now. I'm certainly not qualified to know whether AT followed all the rules or not, but it doesn't feel right in my "gut", and I can certainly understand why XK's mother would be distraught about the situation. "The lawyer the state gave me used to work the mother for someone I was supposed to have killed!" certainly sounds like it would be an eyebrow raiser at appeal time. MOOoooYou're right. If CN is telling the truth, both the PD's office and the DA's victim witness advocate should have done much better at communicating with her.
That said, I am sure what CN is talking about is not a POA - it is a standard agreement for representation by the PD's office, which doubtless allows AT as head of that office to assign and re-assign lawyers to address the workload issues that must impact such a small office on a regular basis.
I am certain that in this case, AT consulted with her boss at the state level and they consulted their ethics counsel, including a discussion as to the substance of what CN told her in the course of her drug possession case. I seriously doubt they would have gone forward with AT as lead counsel for BK if there was a realistic possibility that any of the ethical issues discussed in the media could arise.
The media, currently starved for information about the facts underlying the charge, are making much more of the "conflict of interest" issue than would normally be warranted. Unfortunately, it plays into public ignorance of the roles and responsibilities attorneys - and in particular PD's - play in the system. It also plays into the emotions that arise naturally in all of us when we contemplate this horrendous crime and consider the probability that "There but for fortune go I."
I am pretty sure that BK signed a similar representation agreement giving the PD a right to reassign his attorney, but given the stakes in his case compared to CN's I doubt that a reassignment of AT will be made without his written consent. Imagine BK's appeal issue if the Idaho PD took his best qualified lead counsel off his case without good reason and over his objection, in response to media pressure. That would be a real issue, in contrast to the kind of unspecified and hypothetical issue that pundits have raised.
It looks like CN is charged with possession of both Class 1 and Class 2 controlled substances, and she posted $50,000 bond. These are serious cases, and however sympathetic she may be as the mother of a murder victim, unless the evidence can be suppressed these cases are slam dunk prosecutions that end up in negotiated plea agreements. These plea negotiations do not require a trial attorney of AT's experience and the PD has a brief bank of motions that even a paralegal could prepare.
It seems unlikely that CN will be called in the guilt phase of BK's trial. What relevant information does she possess as to the murders?
She has a right to be heard in the sentencing phase, but I don't see defense counsel severely cross examining victims. What questions could be asked, that would not inflame the jury against BK? If cross examination is necessary for some reason, AK does not have to be the one to do it. That's co-counsel's role.
Again, this would not be an issue IMO, if the media were not so starved for factual information about the murders that they are willing to risk a libel claim by AT.
All MOO.
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