GUILTY PLEA DEAL ACCEPTED - 4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #114

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  • #1,121
*sigh* I think we are going to see a lot of media like People, Nancy Grace, Jennifer Coffindaffer doing a lot of BK pieces in the next weeks and month....because they had all planned on there being a trial round about now (jury selection would be well underway by now and opening statements were scheduled to start on August 18). It was built into their scheduling/planning and now there's a big empty hole that has to be filled with puff pieces about BK with either dubious claims (like what's going on in prison) or retreads of old stuff.

At this point, about the only sources I'm going to believe for a while are going to be things that come directly from LE either through document releases or interviews and people like Kevin Fixler.
 
  • #1,122

"Bryan Kohberger
is being relentlessly tormented by his new jail-mates,
who are shouting through the vents into his cell at all hours of the day.

'It’s driving him crazy.
The inmates are tormenting him at night and almost all hours of the day
- taunting him through the vents in his cell',
said Chris McDonough, a retired homicide detective.

During the rare 60 minutes outside the cell,
Kohberger is moved around wearing restraints.

He is also only allowed to shower every other day.

An insider told McDonough
that the inmates in the nearby cells have joined forces to work together
to target the newest face on J block,
taking it in turns
to shout through the air conditioning and heating vents connecting the cells."

Too bad!!!
Sounds a little bit like hell doesn’t it?! I hope the vegan enjoys!
 
  • #1,123
Crossing state lines to flee means it could be pursued as federal, he took himself and evidence across state lines. He doesn’t have to be a fugitive- taking a stolen item, drugs, or kidnapping a child and taking them across state lines means the feds can pursue if they like.

And, it has been described that he pretty much emptied his apartment out. He took all of his clothes. That could be evidence of not planning go return.
Also- he had been fired, and was not going to attend school in the spring. Why would he need to return?

It doesn’t matter if he had been charged yet or not, as he can’t be charged for an accessory after the fact, to a crime he committed.
Only his parents could- if they didn’t know about it originally.

I think it is possible- I’m not attorney and would love to hear an attorney who practices in federal court says!
All those wanting a trial may get their way.

IMO
Would crossing state line from ID to WA count as fleeing?

jmopinion
 
  • #1,124
Crossing state lines to flee means it could be pursued as federal, he took himself and evidence across state lines. He doesn’t have to be a fugitive- taking a stolen item, drugs, or kidnapping a child and taking them across state lines means the feds can pursue if they like.

And, it has been described that he pretty much emptied his apartment out. He took all of his clothes. That could be evidence of not planning go return.
Also- he had been fired, and was not going to attend school in the spring. Why would he need to return?

It doesn’t matter if he had been charged yet or not, as he can’t be charged for an accessory after the fact, to a crime he committed.
Only his parents could- if they didn’t know about it originally.

I think it is possible- I’m not attorney and would love to hear an attorney who practices in federal court says!
All those wanting a trial may get their way.

IMO

This case is closed IMO.

Sure,
"Talking Heads" are talking and speculating.

But I doubt anything will come out of this.

Besides,
it would put Prosecution with BT in awkward position.
Not to mention spending extra money.

Nope.

This is THE END.

But it is Only My OPINION.
 
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  • #1,125
Would crossing state line from ID to WA count as fleeing?

jmopinion

I don’t know as that is a common route that people take he had used before when he wasn’t ‘fleeing’. But it sure could be what they are considering fleeing!

He maintained a PA car registration- he didn’t switch it to WA.
Students don’t have to, but many want to establish residence. A PhD program is not 2 years, some can take 3 or 5 years.

So was BK ever planning to stay in WA?
Having local plates would be easier to track if looking for a local perp in a database, but out of state plates are more noticeable to people seeing a car. But, in Moscow plates from WA would have blended in much better.

I don’t know-

IMO
 
  • #1,126
This case is closed.

Sure,
"Talking Heads" are talking and speculating.

But I doubt anything will come out of this.

Besides,
it would put Prosecution with BT in awkward position.
Not to mention spending extra money.

Nope.

This is THE END.

But it is Only My OPINION.
I totally agree. jmo
 
  • #1,127
This case is closed.

Sure,
"Talking Heads" are talking and speculating.

But I doubt anything will come out of this.

Besides,
it would put Prosecution with BT in awkward position.
Not to mention spending extra money.

Nope.

This is THE END.

But it is Only My OPINION.

Obstruction of justice can also be a federal crime.
BK hid evidence in PA.
He took evidence from WA to PA.
He may have also cleared his tech evidence while in PA.
He also moved trash to a neighbor’s trash can. If his DNA is considered evidence, that is a crime.

BK also stalked a person across state lines- I’m reading that this is one of the charges of Luigi Mangione. Evidently that is a federal crime.
Luigi Mangione- federal crimes why?

Also if it was decided he hated women- that could be a hate crime- federal.

If it is decided he is fueling other crimes as leader of incel, and copycats begin to act??
That could be domestic terrorism, I think?

Someone would have to want to pursue it…
If he decides he would like to file an appeal- maybe then this card could be played?
It would have to be both a federal crime and also warrant the death penalty. Hmm

A lot of cases seem to fade away in the public eye while paperwork part is still happening. They almost never are closed this smoothly and quickly.
Why would we think BK is ready to become insignificant? That and germs are his worst fears.

We will know if he keeps AT on retainer, or gets another attorney.

IMO
 
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  • #1,128
Nancy Grace- Inmates harassing BK, DP fed level, alternate suspect defense

Has anyone heard the discussion of the possibility that because BK had pretty much fled across state lines he could be prosecuted in Federal court and get the Death Penalty?

Nancy Grace is a former prosecuting attorney- she knows her stuff.
Very interesting discussion, I did not know this could be an option.
It would please KG’s family, and they seem to be pushing for such

And alternate suspects- it sure explains why he did not harm Murphy.

IMO
Yes, I have heard the discussion about potential federal charges for flight across state lines as a fugitive of justice, and whether it could lead to reconsideration of the DP.

But awhile back here when I brought it up, a verified lawyer OP IIRC shot it down with something along the lines of state charges trumping federal ones due to the location of the crimes occurring in Idaho, and the travel to PA as a fugitive not being as serious in the eyes of the law as the murders.

However, I may have missed something subtle like the timing being a key factor. As in, federal charges would have to come after resolution of state charges.

MOO, IANAL
I don't think it is realistic.

IMO
it could be considered if the perp committed crime in another state.
Did he?

And
I'm not sure about this "flight as a fugitive" either.

He was coming home/visiting parents in a hometown.
He wasn't charged then, was he?

This case is closed.

JMO
The arrest affidavit or warrant in PA included BK being identified as a potential fugitive from justice (committing a crime in Idaho & leaving soon after to go to PA) as one of the listed reasons why his arrest was justified, which the presiding judge approved & signed off on.

As in, he'd met that criteria by simply being in a different state thousands of miles from where he was alleged to have committed their murders & felonious B&E within a month of the crimes, for which he was considered a fugitive from justice (PA definition & ID as well collaborating with the feds) at the time they were writing the arrest affidavit or warrant.

So no matter what he said his reasons were for being there (home for the holidays), he met the legal criteria for fugitive from justice status.

I don't have access to it to post here, but a copy should be in the Media Only thread, and that is where the fugitive from justice citation came from.

What one of the reasons for his arrest -- him being a fugitive from justice, so they felt it was another reason for acting quickly to arrest him before he could potentiallly flee justice or be a flight risk again from PA that time -- means now, in terms of potential federal charges outstanding, may be water under the bridge.

But it's not entirely clear if that charge has been dropped and closed out.

Because as I said above, LE used it to build on their reasons to justify his arrest in PA, and because state charges in ID trumped any other charges being pursued at that time, it's unknown AFAIK if that potential federal charge was discharged or just put on hold until after ID had their priority charges for the main crimes through the court system there and got the indictment and conviction at the state level.

But it was fleeing the region where the crimes were committed and crossing several state lines to avoid justice by BK, being their only suspect then & later, which earned him that designation in the arrest papers.

MOO
 
  • #1,129

"Bryan Kohberger
is being relentlessly tormented by his new jail-mates,
who are shouting through the vents into his cell at all hours of the day.

'It’s driving him crazy.
The inmates are tormenting him at night and almost all hours of the day
- taunting him through the vents in his cell',
said Chris McDonough, a retired homicide detective.

During the rare 60 minutes outside the cell,
Kohberger is moved around wearing restraints.

He is also only allowed to shower every other day.

An insider told McDonough
that the inmates in the nearby cells have joined forces to work together
to target the newest face on J block,
taking it in turns
to shout through the air conditioning and heating vents connecting the cells."

Too bad!!!
Boo hoo.
 
  • #1,130
Josh Ritter of Courtroom Confidential was pleasantly surprised that so much information was released right after the murderer was sentenced (police reports, media interviews with individuals who were previously gagged, and crime scene photos).

In this episode (recently shared by @Warwick7), Ritter corrects some of the misinformation that floated around prior to the gag order being lifted — with the help of the Idaho Statesman investigative reporter, Kevin Fixler (based on his interviews with lead prosecutor Bill Thompson and lead investigator Darren Gilbertson of the Idaho State Police):


This is a long episode (over one hour and 40 minutes), but well worth a listen IMO. For anyone who can’t listen right now, here is Part 1 of a summary with time stamps, up until Josh takes viewer questions:
  • 6:30 The FBI did not know the identity of the murderer until December 19, when he was already in PA. So they did not hide his identity from local police, follow the murderer during his trek from WA to PA, or have anything to do with the two IN traffic stops.
RSBM. This 6:30 line is ridiculous if that is what they said. The identity had not been CONFIRMED until then, maybe, but to say they didn't KNOW is splitting hairs with "we just need this one thing for confirmation but everything else points to this guy and we've been tracking him for weeks". They had to know his identity to even work towards confirmation. He was already on the radar as of 11/25 ( per redacted doc 136). So he was at least a POI and they are certainly going to keep track of a POI. IMO, because LE isn't stupid.
 
  • #1,131
RSBM. This 6:30 line is ridiculous if that is what they said. The identity had not been CONFIRMED until then, maybe, but to say they didn't KNOW is splitting hairs with "we just need this one thing for confirmation but everything else points to this guy and we've been tracking him for weeks". They had to know his identity to even work towards confirmation. He was already on the radar as of 11/25 ( per redacted doc 136). So he was at least a POI and they are certainly going to keep track of a POI. IMO, because LE isn't stupid.

Agree
The linking of evidence would look something like this, I think, but I don’t know the dates

  • DM testimony of white male, height, eyebrows in all black in the home exit out back door
  • Footprints of size matching height of guy DM saw
  • Video footage showing the car driving in and out near DMs seeing guy
  • Door Dash driver witness to white car and man with time she was there and he was there
  • Identify make and model of car using DDD and video
  • Make and model linked to Campus police stop at WSU? I think she saw his Driver‘s License with height and eyebrows- she stopped him on campus, and would know his plates were PA
  • Run WSU campus parking permit to car description and PA plates
  • This gives them a link from car description to DM‘s person description

He should have then been seriously on their radar- I don’t know when this was.
And then interviews with his profs, find out he lost his job…

IMO
 
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  • #1,132
FWIW WSU probably appealed to the felon not because of state lines but because it provided easy access to another campus.

JMO
 
  • #1,133
I think it was a federal crime because the felon crossed state lines. I'm not a lawyer but I was involved in a federal crime.

A coworker was laid off and a year later he came to the office in the early morning and poured gasoline around the building then threw a molitove (sp?) cocktail through a window.

No one was hurt and like a typical arsonist he returned to the scene of the crime.

Because the company has an office in another state the feds took the case and threw the book at him to keep him in prison for a minimum of 40 years.

I've never understood that. It may have had something to do with the Patriot Act. Domestic terrorism, having marijuana, ammo that didn't match his gun, etc.
 
  • #1,134
Not sure, but it seems like with BK locked away for good, the Feds wouldn't want to bother with the case. Now, If he had walked away, then (hopefully) they would have wanted to throw the resources at the case and prosecute him. MOO
 
  • #1,135
Not sure, but it seems like with BK locked away for good, the Feds wouldn't want to bother with the case. Now, If he had walked away, then (hopefully) they would have wanted to throw the resources at the case and prosecute him. MOO
He's locked up for the rest of his miserable life.

In this time of federal cuts, it wouldn't be a good look, imo, to spend money on a case that already has a confession and life sentence.

jmopinion
 
  • #1,136
Not sure, but it seems like with BK locked away for good, the Feds wouldn't want to bother with the case. Now, If he had walked away, then (hopefully) they would have wanted to throw the resources at the case and prosecute him. MOO

Exactly!

The whole point of plea agreement
was to put him behind bars for life and without appeals
and spare the survivors from pain.

What's the point of dragging this case again???

He pled guilty and is locked in prison.

JMO
 
  • #1,137
Not sure, but it seems like with BK locked away for good, the Feds wouldn't want to bother with the case. Now, If he had walked away, then (hopefully) they would have wanted to throw the resources at the case and prosecute him. MOO

Yup.

Also..IMHO, the feds might not want to try to prosecute him.....because then the FBI going against their own guidelines and going into a DNA database that LE is NOT supposed to access might become a big part of the case. The state was able to keep that out of the trial and only have it be introduced as "we got a tip from the FBI." In a federal case, they might not be able to keep that information out of a trial...and then they end up having a whole other can of worms to deal with.
 
  • #1,138
  • #1,139
I think it was a federal crime because the felon crossed state lines. I'm not a lawyer but I was involved in a federal crime.

A coworker was laid off and a year later he came to the office in the early morning and poured gasoline around the building then threw a molitove (sp?) cocktail through a window.

No one was hurt and like a typical arsonist he returned to the scene of the crime.

Because the company has an office in another state the feds took the case and threw the book at him to keep him in prison for a minimum of 40 years.

I've never understood that. It may have had something to do with the Patriot Act. Domestic terrorism, having marijuana, ammo that didn't match his gun, etc.
I agree, thanks for this example based on personal experience.

What you said here:

"Because the company has an office in another state the feds took the case and threw the book at him to keep him in prison for a minimum of 40 years"

Made a light go on in my head, as it sounded like the federal charges for crossing a state line during the commission of a crime, or thereafter to flee justice, or return to the scene of the crime, is like another layered "option with more weight for a longer prison sentence" (my paraphrasing) that can be added on and be superseding.

Which makes me wonder if the federal charges are sometimes brought in if the other charges the perp could be convicted for may not stick or may have a lesser sentence that the judge and prosecution feel is not appropriate punishment for the circumstances of the crime (felony).

Maybe in this case, they held the fugitive traveling across state lines designation "in abeyance" until the state had their opportunity to indict and prosecute, but could or would still be able to bring federal charges IF needed/IF BK hadn't been convicted and found guilty on all charges with 4 life sentences, the maximum time / his lifetime, as it were.

BUT:

IF the felon BK had gotten off/been found innocent or only found guilty of the B&E felony or lesser charges like manslaughter but not their murders at trial for some reason (you never know with a jury trial, as BT has said was one of the reasons they accepted the last minute plea deal)

AND the maximum sentences when added up for what he was found guilty of in a hypothetical jury trial were not extensive enough for the judge and prosecution to deem appropriate (there's a legal term for this I can't recall right now)

THEN maybe the federal charges "held in abeyance" could/would be brought to add on to the length of his prison term so they added up to the "right number of years" deemed satisfactory and in line with due diligence for the commission of such heinous crimes by the prosecution.

JMO... somehow this makes my day that there could be a fall-back mechanism like this for more severe charges lopped on federally when needed, just in case things didn't turn out as they did in this case at the state level, thankfully!

"abeyance

An abeyance is a temporary suspension of activity while awaiting the resolution of some other proceeding without which the activity in abeyance cannot continue."
 
  • #1,140
'It’s driving him crazy.

Oh, I think that horse left that barn long ago.

But great, let him live with this harassment.

Not that the other prisoners in a maximum security prison are angelic, but let him suffer, even if it’s only 1% of the anguish he caused to his victims and their families.

JMO
 
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