PLEA DEAL REACHED - 4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #109

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  • #441
Great news!!

"Here, the evidence Defendant has offered purporting to establish the four individuals as alternate perpetrators abjectly fails to meet the Meister standard.'! Namely, the evidence is entirely irrelevant. Nothing links these individuals to the homicides or otherwise gives rise to reasonable inference that they committed the crime; indeed, it would take nothing short of rank speculation by the jury to make such a finding."
 
  • #442
Amazing news re both denials.
 
  • #443
Been watching all day for this, and had about given up. I have some reading to do, but until then, I will just say, "the justice train is rolling, and Engineer Hippler is driving! It is finally on the fast track, and nothing is going to stop it now! Bring it on!

ETA: Maybe AT and those who love to count her wins vs the state's can consider opening statements being pushed back one week, til Aug 18, one of her biggies! I doubt anyone else will. JMO
Pah... What's a week besides 7 days?
18th of August... Bring it on!
How much are tickets on the justice train and please can I reserve a seat!
 
  • #444
Pah... What's a week besides 7 days?
18th of August... Bring it on!
How much are tickets on the justice train and please can I reserve a seat!
My birthday is Aug 19. I will consider opening statements an early birthday present!
 
  • #445
  • #446
Among other reasons for denying the defense motion to continue, Judge Hippler was far less than impressed with the idea that the trial should be continued due to anything to do with the Dateline episode and any associated leaks, that many feared would be a cause for delay.

Defendant's Brady argument is built on a house of speculative assumptions ~ an assumption that there was a leak by persons bound by the non dissemination order, an assumption the leaker(s) will be found, an assumption that the leaker(s) were law enforcement,"° an assumption that the leaker(s) (or others who may be were complicit) will be testifying as a government witness, and an assumption that these witnesses will likely be material. Such assumptions are not grounds for a continuance, particularly given that there is no guarantee if and when they will be confirmed or debunked. This trial cannot be held hostage indefinitely to the outcome of the investigation, particularly given the very significant chance the leaker(s) may never be discovered." Thus, the Court will not continue the trial pending the results of an investigation based on speculation that it will be successful and the hope that impeachment evidence may be uncovered as a result.

 
  • #447
Fantastic news!

Judge Hippler was clearly unswayed by #TeamProberger's Hail Mary motions.

From the Order r/t Alternate Suspect:

"abjectly fails to meet the standard"
"at best....can give rise to only wild speculation"
"nothing short of rank speculation"
"not a scintilla of evidence linking them <alternate suspects> to the crime"
"do nothing more than waste the precious time of the jury"

From the Order r/t Continuance:

"utter lack of any proof supporting Defendant's accusations of discovery violations by the State"
"struggled to articulate in any meaningful way"
"smacks of tactical gamesmanship and delay"
"Counsel's argument is....squarely unsupported"
"not even marginally qualified to opine"

The defense just got spanked. Hard.

Judge Hippler is not allowing any red herrings, straw men, or empty rabbit holes allowed into his courtroom.
 
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  • #448
I can only imagine who those alternate suspects are.
 
  • #449
I can only imagine who those alternate suspects are.
The defense could only imagine it too. Therein lied the problem!
 
  • #450
  • #451
  • #452
Fantastic news!

Judge Hippler was clearly unswayed by #TeamProberger's Hail Mary motions.

From the Order r/t Alternate Suspect:

"abjectly fails to meet the standard"
"at best....can give rise to only wild speculation"
"nothing short of rank speculation"
"not a scintilla of evidence linking them <alternate suspects> to the crime"
"do nothing more than waste the precious time of the jury"

From the Order r/t Continuance:

"utter lack of any proof supporting Defendant's accusations of discovery violations by the State"
"struggled to articulate in any meaningful way"
"smacks of tactical gamesmanship and delay"
"Counsel's argument is....squarely unsupported"
"not even marginally qualified to opine"

The defense just got spanked. Hard.

Judge Hippler is not having any red herrings, straw man arguments, or endless side trips down empty rabbit holes allowed into his courtroom.
He certainly is not one to mince words, huh?

I LOVE IT.
 
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  • #453
It's always bothered me that innocent people, or the victims can be drug through the mud by a SODDI defense. They aren't the ones on trial.
 
  • #454
Fantastic news!

Judge Hippler was clearly unswayed by #TeamProberger's Hail Mary motions.

From the Order r/t Alternate Suspect:

"abjectly fails to meet the standard"
"at best....can give rise to only wild speculation"
"nothing short of rank speculation"
"not a scintilla of evidence linking them <alternate suspects> to the crime"
"do nothing more than waste the precious time of the jury"

From the Order r/t Continuance:

"utter lack of any proof supporting Defendant's accusations of discovery violations by the State"
"struggled to articulate in any meaningful way"
"smacks of tactical gamesmanship and delay"
"Counsel's argument is....squarely unsupported"
"not even marginally qualified to opine"

The defense just got spanked. Hard.

Judge Hippler is not having any red herrings, straw man arguments, or endless side trips down empty rabbit holes allowed into his courtroom.

My faves from that list are:

--utter lack of any proof supporting Defendant's accusations of discovery violations by the State
--smacks of tactical gamesmanship and delay
--not even marginally qualified to opine
 
  • #455
Among other reasons for denying the defense motion to continue, Judge Hippler was far less than impressed with the idea that the trial should be continued due to anything to do with the Dateline episode and any associated leaks, that many feared would be a cause for delay.

Defendant's Brady argument is built on a house of speculative assumptions ~ an assumption that there was a leak by persons bound by the non dissemination order, an assumption the leaker(s) will be found, an assumption that the leaker(s) were law enforcement,"° an assumption that the leaker(s) (or others who may be were complicit) will be testifying as a government witness, and an assumption that these witnesses will likely be material. Such assumptions are not grounds for a continuance, particularly given that there is no guarantee if and when they will be confirmed or debunked. This trial cannot be held hostage indefinitely to the outcome of the investigation, particularly given the very significant chance the leaker(s) may never be discovered." Thus, the Court will not continue the trial pending the results of an investigation based on speculation that it will be successful and the hope that impeachment evidence may be uncovered as a result.

Well, Judge Hippler was really angry during the Pre-trial Conference and implied in his subsequent order that the leakers were most likely on the prosecution side and were to be found or else.

But I forgive this single lapse of his (lol) since he came through for us in the end.

Thank you, Judge Hippler!
 
  • #456
My faves from that list are:

--utter lack of any proof supporting Defendant's accusations of discovery violations by the State
--smacks of tactical gamesmanship and delay
--not even marginally qualified to opine
Not Anne Taylor! 🙄
 
  • #457
Fantastic news!

Judge Hippler was clearly unswayed by #TeamProberger's Hail Mary motions.

From the Order r/t Alternate Suspect:

"abjectly fails to meet the standard"
"at best....can give rise to only wild speculation"
"nothing short of rank speculation"
"not a scintilla of evidence linking them <alternate suspects> to the crime"
"do nothing more than waste the precious time of the jury"

From the Order r/t Continuance:

"utter lack of any proof supporting Defendant's accusations of discovery violations by the State"
"struggled to articulate in any meaningful way"
"smacks of tactical gamesmanship and delay"
"Counsel's argument is....squarely unsupported"
"not even marginally qualified to opine"

The defense just got spanked. Hard.

Judge Hippler is not having any red herrings, straw man arguments, or endless side trips down empty rabbit holes allowed into his courtroom.
My favorite part:

"smacks of tactical gamesmanship and delay"

😁
 
  • #458
Well, Judge Hippler was really angry during the Pre-trial Conference and implied in his subsequent order that the leakers were most likely on the prosecution side and were to be found or else.

But I forgive this single lapse of his (lol) since he came through for us in the end.

Thank you, Judge Hippler!

The last two footnotes on there are too good to be missed:

26. While the Court observed in its Document and Records Hold Order (May 15, 2025) that it "appear[ed] likely that someone currently or [formerly] associated with law enforcement, or the prosecution team, violated this Court's non-dissemination order," it could have been someone from the defense team or someone not subject to the nondissemination order. The Court has not made and was not, by this statement, making a finding or otherwise accusing law enforcement or the prosecution of such.

27 In addition, even assuming it was law enforcement who leaked the information, the FBI played a preeminent role in the investigation of this case. If the leak(s) were from the FBI, a state court's ability to further investigate is highly circumscribed and limited if not altogether foreclosed. In addition, law enforcement in Pennsylvania and Washington may have had formal or informal access to some of the evidence, yet an Idaho state court may have significant limitations on the ability to investigate them.
 
  • #459
I wonder if all of the media sites have "Kohberger defense dealt blow..." and "Judge denies Kohberger request..." on macros by now, so they can get breaking stories out faster.... JMO
 
  • #460
The last two footnotes on there are too good to be missed:

26. While the Court observed in its Document and Records Hold Order (May 15, 2025) that it "appear[ed] likely that someone currently or [formerly] associated with law enforcement, or the prosecution team, violated this Court's non-dissemination order," it could have been someone from the defense team or someone not subject to the nondissemination order. The Court has not made and was not, by this statement, making a finding or otherwise accusing law enforcement or the prosecution of such.

27 In addition, even assuming it was law enforcement who leaked the information, the FBI played a preeminent role in the investigation of this case. If the leak(s) were from the FBI, a state court's ability to further investigate is highly circumscribed and limited if not altogether foreclosed. In addition, law enforcement in Pennsylvania and Washington may have had formal or informal access to some of the evidence, yet an Idaho state court may have significant limitations on the ability to investigate them.

I did wonder if Pennsylvania and Washington LE were actually subject to the gag orders of an Idaho court. It seemed like their only restrictions would be the general rule of any LE agency to not blab to the press.

I doubt any of us thought Hippler could touch the FBI. 🙂
 
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