ID - 4 University of Idaho Students Died in Apparent Homicide, Moscow, 13 Nov 2022 ****Media Thread**** NO DISCUSSION

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MOSCOW, Idaho — The man accused of murdering four University of Idaho students last November will appear in Latah County Court on Tuesday for a hearing related to his indictment.

6/26/2023

Bryan Kohberger, the 28-year-old murder suspect, is requesting a stay of proceedings and the release of grand jury materials. Kohberger argues that obtaining the complete record of the grand jury proceedings is crucial for him to contest the indictment against him.

According to Cornell Law School, a stay of proceedings is a ruling by a court to stop or suspend a proceeding or trial temporarily or indefinitely.

Represented by attorney Anne C. Taylor, Kohberger has filed a reply in response to the State's argument that he is only entitled to an audio recording or a transcript of the proceedings and grand juror notes.
 
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ICYMI — Experts in IGG (investigative genetic genealogy), promote the advanced DNA technique's ability to help police solve crimes. But the @FBI may not have followed @TheJusticeDept policy in keeping all records in the #BryanKohberger case, w/
@mawilner.



This seems like a good time to remind everyone that #BryanKohberger is presumed innocent until unanimously found guilty beyond a reasonable doubt by a jury. #Idaho’s execution methods are lethal injection, and, starting July 1, death by firing squad as the backup.

 
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Please be advised that tomorrow is a big day in the #Idaho4 case.

The items attached will be addressed by Judge Judge.

Addressing each one in a separate tweet.

Motion to Compel:

Big Item- The defense wants the prosecution to provide Discovery pertaining to DNA tests concerning the genetic genealogy that was performed as well as information related to the scientists that performed them. There are arguments on both sides. Judge Judge will have to sort through the law and precedent regarding what the Pros must provide. There are other items requested as well.

Timelines could be set if the judge agrees to compel the Pros. They may not. Judge Judge could agree with the Pros that under the law, this information, as well as other information sought has either been provided or is not discoverable. We shall see.

Remember, it is mathematically Impossible that the DNA on the Sheath found under #Maddie's body is not #BryanKohberger's. This puts the Defense in a spin. They acquired BK's DNA legally and the Sheath legally, and there were multiple roads that led to BK being a suspect, most noted, his Elantra caught on camera speeding away from the murder scene.

Eye on the Facts!


Tomorrow's Hearing:

Motion by #Bryankohberger's team to make available all records pertaining to the Grand Jury proceedings regarding the indictment of BK.

The answer to this request seems clear. They should be able to hear the proceedings or get the transcript. I attached the Rule the defense quotes below for reference.

The Defense is asking for the entirety of information pertaining to the Grand Jury. This is well outside of what they are entitled to under this law, but what is the case law addressing this issue? I expect Judge Judge to stay within precedents set, but we shall see. I have every faith in Judge Judge.


Item number 4 on the list tomorrow:

Motion to Stay proceedings.

The defense is pushing hard here. They filed their Motion, then prepared an affidavit and asked for in person Hearing to address with the judge.

The issue is, they are asking for a stay based on information they don't have. It's out of order from a bird's eye view, but perhaps the affidavit and their words during the hearing will move Judge Judge.

We shall see.

Please see both Motion to stay and Prosecution answer in previous cart and horse tweets ;)

I thought all weekend about the DNA spin and read many of the BK fan club tweets. I also watched my friends, parents of GA who was viciously attacked, hit and kicked at gunpoint, after a heathen broke into her house in the early morning hours and attacked her.

I see the #Idaho parent's pain and memory of their children being pounced on here on Twitter.
#Bryankohberger's high dollar and high powered team of lawyers and experts are on hand to protect his rights and see he receives a fair trial and Judge Judge will also make sure the law is followed impartially.

For me: Eyes on the Facts and on the importance of the VICTIMS and what they suffered at the hands of a monster being remembered and not lost through all the nonsense of the key board warriors.




6/26/2023 tweets in preparation for tomorrow's motion on compel discovery hearing.
 
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6/27/23

Nine years before he was accused of killing four college students in Idaho, Bryan Kohberger was arrested in his native Pennsylvania and charged with misdemeanor theft for allegedly stealing his sister's iPhone, according to records reviewed by ABC News.

It was Kohberger's father, Michael, who reported the incident to police, according to the court records.

According to the records, Michael Kohberger told law enforcement Bryan had warned him "not to do anything stupid" after learning his son had taken the phone, adding that his son had struggled with drug addiction.

[..]

According to the records, Bryan Kohberger was 19 years old when he was arrested for the alleged theft in 2014. He served no jail time, according to officials. There is now no public record of that arrest or the outcome of the case.

Monroe County, Pennsylvania, offers first-time offenders the opportunity to enter into a pretrial program called "Accelerated Rehabilitative Disposition," which allows for charges to be dropped and the record to be "expunged" once the accused successfully completes probation.

[..]

Bryan Kohberger is due to appear at the Latah County Courthouse Tuesday afternoon, for another in an ongoing series of pretrial hearings connected to the murder case. He is being held without bail at the Latah County Jail.

Bryan Kohberger's team is pushing for a pause in his case while the defense and prosecution argue over the scope of which grand jury materials can or should be released. His lawyers are looking to determine whether there are grounds to dismiss his indictment based on the way the grand jury was selected, according to court documents.

The defense is asking Idaho prosecutors to disclose more information about their investigation, including more detail on their forensic DNA analyses, and information obtained from cellphone records, according to court filings.

The hearing Tuesday is also expected to focus on Bryan Kohberger's request for more time to decide whether to offer an alibi at trial, as his attorneys say they are trying to navigate the "voluminous" and "still ongoing" discovery process, according to recent court filings. Prosecutors said they wouldn't object to a "reasonable extension" to decide, so long as any potential alibi is offered within the next month.

Back in Pennsylvania, on Saturday, Feb. 8, 2014, Bryan Kohberger had "recently exited a rehab center and rejoined the family," his father told police, according to the records reviewed by ABC News. Home from rehab, Bryan took his sister Melissa's iPhone, which had an estimated value of $400, Michael Kohberger told police, according to the records.

Authorities said, according to the records, Bryan Kohberger paid a friend $20 to pick him up and take him to a local mall, where he sold the phone for $200 at an automated kiosk for used electronics.
 
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BREAKING: State of Idaho seeking the death penalty for accused killer Bryan Kohberger. He's accused of killing four University of Idaho students last fall.

Idaho has 8 people awaiting execution, but hasn't put someone to death since 2012. The state recently enacted the firing squad as an acceptable method of execution.

Idaho also has a history of death row exonerations. Many years ago, I interviewed 2 men who had been sentenced to death in Idaho, but were cleared and set free.

This is not a huge surprise, as all of the attorneys on the case are death penalty qualified. It’s been alluded to in court filings and hearings as well

 
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Tuesday, June 27, 2023 11:17AM


MONROE COUNTY, Pa. -- Nine years before he was accused of killing four college students in Idaho, Bryan Kohberger was arrested in his native Pennsylvania and charged with misdemeanor theft for allegedly stealing his sister's iPhone, according to records reviewed by ABC News.

It was Kohberger's father, Michael, who reported the incident to police, according to the court records.

According to the records, Michael Kohberger told law enforcement Bryan had warned him "not to do anything stupid" after learning his son had taken the phone, adding that his son had struggled with drug addiction.
 
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Attorneys for Bryan Kohberger are asking for all material and records from the grand jury proceedings. A hearing on that and other motions is scheduled for 1:30 p.m. PDT/2:30 p.m. MDT in Moscow, Idaho. The Latah County Prosecuting Attorney on Monday filed notice of intent to seek the death penalty in this case.
 
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6/27/23

In recent court filings, Mr Kohberger’s attorneys have asked the court to order prosecutors to turn over more evidence about the DNA tying him to the crime scene as well as information about the grand jury which returned an indictment against him.

Mr Kohberger’s attorneys said they were not “on a fishing expedition,” but noted that they needed the material in order to build a strong case for their client. Mr Kohberger is accused of the brutal murders of Kaylee Goncalves, Madison Mogen, Ethan Chapin and Xana Kernodle, who were stabbed to death in a student home on 13 November.

Among the evidence requested by the defence are training records of three police officers who interviewed “critical” witnesses, information about the FBI team leading the criminal probe, and background on the tip that led to the search for Mr Kohberger’s white Hyundai and cellphone records cited in the probable cause affidavit.

“There is a heightened standard now that the State has announced its intent to seek the death penalty... and these are very relevant pieces of information,” Mr Kohberger’s defence said, according to DailyMail.com.

On Monday, Latah County Prosecutor Bill Thompson filed a notice of his intent to seek the death penalty, citing five “aggravating circumstances” that could warrant the maximum sentence of capital punishment. Earlier this year, Governor Brad Little signed into law a bill allowing firing squads to execute death row inmates when lethal injection drugs are unavailable, making Idaho the fifth US state to allow the execution method.
 
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Published June 27, 2023 10:00 PM

MOSCOW, Idaho (KIFI) - Idaho murder suspect Bryan Kohberger was back in the courtroom Tuesday for a pretrial hearing.

This comes just a day after prosecutors announced they plan to seek the death penalty against him.

Kohberger is accused of killing four University of Idaho students in Moscow last November.

He faces four counts of first-degree murder and one count of burglary.
A not guilty plea was entered on his behalf by an Idaho judge at a hearing in May.

Kohberger's trial has been set for Oct. 2 though that could be delayed.
 
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Updated: 6:20 AM PDT June 27, 2023

SEATTLE — The state of Idaho intends to seek the death penalty against Bryan Kohberger, who is accused of stabbing four University of Idaho students to death in November.

Latah County Prosecuting Attorney Bill Thompson submitted a notice of the state’s intent to the court Monday.

[..]

In the notice filed Monday, Thompson wrote that “statutory aggravating circumstances” appear to exist in the case, which is required for the state to prove in order for the death penalty to be a possibility. Thompson listed five circumstances, including that:
  • multiple murders appeared to be committed at the same time,
  • the murder was “especially heinous, atrocious or cruel,”
  • the defendant showed “utter disregard for human life,”
  • the murder was committed in the perpetration of other charges, including burglary,
  • and/or that the defendant showed “a propensity to commit murder” that will result in a “continuing threat to society.”
Thompson said the state did not receive any mitigating circumstances that would prohibit them from seeking the death penalty. Mitigating factors could include mental health evidence and family or behavioral history. The defense could argue these factors in the penalty phase if Kohberger were to be found guilty.
READ: Notice to pursue the death penalty

The state had 60 days from when Kohberger’s plea was entered on May 22 to decide whether it would seek the death penalty.

The decision to seek the death penalty is at the discretion of the prosecutor.
 
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Taylor says prosecution says we’ll be getting those items disclosed to us but we don’t know when so asking court to issue order with date certain to obtain those records. She reiterates she doesn't think the state is doing anything wrong but she wants deadline.

In 2nd motion to compel, Taylor says they're asking for a lot of info from FBI CAST team & FBI forensic examiner team so they can prepare their defense & investigate. CAST team uses cell phone records that provide info that found its way into probable cause affidavit to arrest BK

THREAD FROM COURT: We're in Latah Co District Court, where #BryanKohberger is appearing in a black suit. He's surrounded by 3 attorneys, and 2 attorneys are sitting at prosecution's table.

Taylor also wants reports from FBI forensic examiner who told state to look for a white Hyundai Elantra. The year of car they were looking for changed, so she wants reports. Again, doesn't think state is withholding, but wants to compel a deadline from the FBI.

Taylor (paraphrased): Now that death penalty is on the table, these are critical, relevant materials, including police training records. They're necessary for us to provide defense and do our investigation.

Prosecution objects to providing training records of officers who interviewed witnesses because says they will not be called on to testify during trial & they’re not material to the case. Asks judge to find this is outside criminal rule scope in Idaho.

Judge gives federal government a deadline of July 14 to provide discovery the prosecution & defense are waiting on from FBI CAST team and FBI forensic examiner team.

Judge will take both sides' arguments under advisement and look at case law to make decision about training records.

We are all SO CONFUSED bc they were supposed to take up motions to stay proceedings & release of grand jury records

Latah Co Clerk says motions to compel were only issue brought to court today- only 2/3 motions were taken up. It’s likely that attorneys are working together on the other issues: motions to stay proceedings & release of grand jury material. working to get more info. Standby.


https://twitter.com/MorganRomeroTV
 
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