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

[Teche]

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

Hippler has a way with words.

 

[Smelly Squirrel]

Taylor is I'm sure a good attorney but she put herself on a hopeless loser of a case. All she was ever going to be able to do was delay the trial start. And that run is over. moo

 

[Megnut]

Denial of continuance:

And in the footnotes we find the reason for the week delay in the start of trial:

21. In his reply, Defendant argues that the allotted time is not sufficient for voir dire given the "vast media coverage." The Court recognizes that more time may be needed and has built in additional days for voir dire for this purpose.

I would be willing to watch all 90,000 hours of security footage for Anne Taylor in exchange for getting to read the unredacted version of this filing. Heck, Hippler even says in a footnote on the bottom of the first page that he doesn't think most of this needed to be filed ex parte, but he is redacting it out of an overabundance of caution.

1. Defendant Has Not Demonstrated a Continuance is Warranted to Review Discovery.

Oh, Anne, Anne, Anne. Every student knows you do NOT just go to a professor or teacher and say you need an extension of a due date without being able to tell them when you predict/promise to get it done by and what you plan to do in order to meet that new date (as well as SPECIFIC reasons as to why you need it). And if your teacher then gives you some resources/suggestions of what you can do in order to get it done on time, and you don't take any of that advice, wait until you are right before the new deadline and come to him again with the same line....it's not going to work.

"Defendant's continual reference to the number of terabytes of discovery produced in this case is not helpful without providing a meaningful explanation of what that data primarily consists of and its particular relevance and importance. Indeed, as was discussed at the April 9, 2025, hearing in this case, it appears that most of those terabytes consists of extensive video surveillance from local businesses and residences that show nothing of significance."

And another gem of a footnote:

"8. Relevant here, too, is the fact that defense counsel did not argue for a continuance as an alternate remedy to Defendant's attempt to strike the death penalty because of counsel's alleged inability to get through the discovery. This highlights that his claims regarding the volume of discovery were used as a tactical sword, untethered to a seriously legitimate concern about the ability to be prepared."

2. Defendant Has Not Established a Continuance is Necessary to Conduct A More Thorough "Life History" Investigation and Identify Necessary Experts

What did she discover last November that she insists must be more throughly plumbed because it raises red flags on something she thinks should be used for mitigation, even though none of his experts have brought this up as a concern and it could take forever because of redacted complications??? THIS IS WHAT I'M DYING TO KNOW. What theory or diagnosis does she think should be made even though she's not an expert. What barriers does she think she would be able to "overcome with time?" Is that people won't talk to you if they feel they have nothing to say?

What is it that she is speculating on, that Hippler even appears to say she is unqualified to do? I think we might get a tiny hint from this partial sentence that follows a large redacted bit:

"conditions which are currently attributed by his own mitigation experts to his ASD, OCD and/or ADHD--are consistent with childhood trauma" and then goes on to list an item 5 (so, 1-4 are redacted). The expert witnesses who examined BK aren't suggesting this. And it's something that none of his REDACTED have ever raised the alarm on despite having the same info that someone (presumably Anne) is relying on to come up with this suggestion.

"who, again, is not even marginally qualified to opine" and "Her support--which she has not provided to the court" all together in a highly redacted paragraph, after us being told in the previous paragraphs that none of the expert witnesses who have interviewed BK have said this....IMHO, that tells me that this is solely coming from Anne. And in the next paragraph we see it is about something she thinks would cause his experts to change his diagnoses.

I know the State only received the same redacted version--I wonder if they think they know what she is driving at.

And reaffirming this: based on the US Supreme Court, "the ABA Guidelines are not dogmatic code; they are simply roadmaps to aid counsel in complying with their obligations of representation."

SO MANY REDACTED FOOTNOTES....you know given his other footnotes that they continue some really interesting stuff....

Bolding Judge Hippler's wording....

An untethered sword....

Reminiscent of an unsheathed knife...

He is a wordsman.

JMO

 

[Megnut]

Alternate Perpetrators DENIED. Motion to Continue DENIED.

• 
  
• ewREDACTED Order on Defendants Offer of Proof RE Alternate Perpetrators
• NewREDACTED Memorandum Decision and Order on Defendants Motion to Continue
• NewOrder Sealing Exhibit W to Defendants 24th Supplemental Request for Discovery
• NewAmended Scheduling Order

Hippler has a way with words.

From the REDEACTED Memorandum Decision and Order on Defendants Motion to Continue P. 3.

Judge Hippler, with his way with words, says quite succinctly what he thinks of AT's way with words.

"....pointing out that counsel struggled to articulate in any meaningful way...."

Oh, that's gotta sting.

JMO

 

[girlhasnoname]

That’s it! How can she do it? Defense is required to make sure the prosecution follows the rules and to get the best outcome for their client, not to cynically help their client get away with a heinous crime.

Can you imagine if AT had gotten the knife sheath thrown out? All the “fruits of the poisonous tree” would have also been thrown out and BK would be a free man, free to slaughter the next unsuspecting set of beautiful human beings.

It shouldn’t be the State only that is tasked with justice. That should be everyone’s goal. We are all part of a community, and we should all work to protect it and to ensure each member has the opportunity to thrive.

IMOO, of course.

I don't like it either, but Lady Justice is blind for fairness and objectivity; the scales must be balanced. BK legally has a right to due process, as does every defendant. It is AT's job to get BK acquitted of these charges. Thankfully Judge Hippler kiboshed her alternate suspect theory and only threw her a week delay bone.

AT looks like this trial has taken a toll on her physically. I imagine she 'knows' BK is guilty, but is putting everything she's got into a NG verdict. It's not going to happen (IMO) and I think AT knows that, but she has put up one damn strong case so far and will continue to do so until it's a wrap. No chance of ineffective council on appeal here.

Bye, Bye Bry

JMO

 

[Sachi]

Denial of continuance:

And in the footnotes we find the reason for the week delay in the start of trial:

21. In his reply, Defendant argues that the allotted time is not sufficient for voir dire given the "vast media coverage." The Court recognizes that more time may be needed and has built in additional days for voir dire for this purpose.

I would be willing to watch all 90,000 hours of security footage for Anne Taylor in exchange for getting to read the unredacted version of this filing. Heck, Hippler even says in a footnote on the bottom of the first page that he doesn't think most of this needed to be filed ex parte, but he is redacting it out of an overabundance of caution.

1. Defendant Has Not Demonstrated a Continuance is Warranted to Review Discovery.

Oh, Anne, Anne, Anne. Every student knows you do NOT just go to a professor or teacher and say you need an extension of a due date without being able to tell them when you predict/promise to get it done by and what you plan to do in order to meet that new date (as well as SPECIFIC reasons as to why you need it). And if your teacher then gives you some resources/suggestions of what you can do in order to get it done on time, and you don't take any of that advice, wait until you are right before the new deadline and come to him again with the same line....it's not going to work.

"Defendant's continual reference to the number of terabytes of discovery produced in this case is not helpful without providing a meaningful explanation of what that data primarily consists of and its particular relevance and importance. Indeed, as was discussed at the April 9, 2025, hearing in this case, it appears that most of those terabytes consists of extensive video surveillance from local businesses and residences that show nothing of significance."

And another gem of a footnote:

"8. Relevant here, too, is the fact that defense counsel did not argue for a continuance as an alternate remedy to Defendant's attempt to strike the death penalty because of counsel's alleged inability to get through the discovery. This highlights that his claims regarding the volume of discovery were used as a tactical sword, untethered to a seriously legitimate concern about the ability to be prepared."

2. Defendant Has Not Established a Continuance is Necessary to Conduct A More Thorough "Life History" Investigation and Identify Necessary Experts

What did she discover last November that she insists must be more throughly plumbed because it raises red flags on something she thinks should be used for mitigation, even though none of his experts have brought this up as a concern and it could take forever because of redacted complications??? THIS IS WHAT I'M DYING TO KNOW. What theory or diagnosis does she think should be made even though she's not an expert. What barriers does she think she would be able to "overcome with time?" Is that people won't talk to you if they feel they have nothing to say?

What is it that she is speculating on, that Hippler even appears to say she is unqualified to do? I think we might get a tiny hint from this partial sentence that follows a large redacted bit:

"conditions which are currently attributed by his own mitigation experts to his ASD, OCD and/or ADHD--are consistent with childhood trauma" and then goes on to list an item 5 (so, 1-4 are redacted). The expert witnesses who examined BK aren't suggesting this. And it's something that none of his REDACTED have ever raised the alarm on despite having the same info that someone (presumably Anne) is relying on to come up with this suggestion.

"who, again, is not even marginally qualified to opine" and "Her support--which she has not provided to the court" all together in a highly redacted paragraph, after us being told in the previous paragraphs that none of the expert witnesses who have interviewed BK have said this....IMHO, that tells me that this is solely coming from Anne. And in the next paragraph we see it is about something she thinks would cause his experts to change his diagnoses.

I know the State only received the same redacted version--I wonder if they think they know what she is driving at.

And reaffirming this: based on the US Supreme Court, "the ABA Guidelines are not dogmatic code; they are simply roadmaps to aid counsel in complying with their obligations of representation."

SO MANY REDACTED FOOTNOTES....you know given his other footnotes that they continue some really interesting stuff....

Enjoyed reading this, thank you Gremlin.

 

[Sachi]

That’s it! How can she do it? Defense is required to make sure the prosecution follows the rules and to get the best outcome for their client, not to cynically help their client get away with a heinous crime.

Can you imagine if AT had gotten the knife sheath thrown out? All the “fruits of the poisonous tree” would have also been thrown out and BK would be a free man, free to slaughter the next unsuspecting set of beautiful human beings.

It shouldn’t be the State only that is tasked with justice. That should be everyone’s goal. We are all part of a community, and we should all work to protect it and to ensure each member has the opportunity to thrive.

IMOO, of course.

Amen PunishThenForgive,amen!

 

[Sachi]

From the REDEACTED Memorandum Decision and Order on Defendants Motion to Continue P. 3.

Judge Hippler, with his way with words, says quite succinctly what he thinks of AT's way with words.

"....pointing out that counsel struggled to articulate in any meaningful way...."

Oh, that's gotta sting.

JMO

That comment!

Her exhaustive efforts to save the life of BK seem far reaching if not annoying and wasteful.

YET am I missing the point here.. Is it noble as AT'S focus is just about giving him the best defense he can possibly get?
Or, is it more her personal drive to win, in a sense, reduced sentence etc , a win?

Is what she is doing- the stalling , last minute-- SODI, disorders, childhood trauma, too much discover to go through etc etc.. is all of it this the norm for a defense attorney?

Because the above comment by the judge points at it being a shamble. My own Op

 

[Megnut]

That comment!

Her exhaustive efforts to save the life of BK seem far reaching if not annoying and wasteful.

YET am I missing the point here.. Is it noble as AT'S focus is just about giving him the best defense he can possibly get?
Or, is it more her personal drive to win, in a sense, reduced sentence etc , a win?

Is what she is doing- the stalling , last minute-- SODI, disorders, childhood trauma, too much discover to go through etc etc.. is all of it this the norm for a defense attorney?

Because the above comment by the judge points at it being a shamble. My own Op

I think you are spot on -- and the judge says as much. When he said 'gamesmanship', it most certainly wasn't a compliment.

Remember what he says in that earlier motion -- the defendant can't ask the State for everything under the sun and then complain about the weight of the planets?

Asks for a change of venue because of pretrial publicity, then asks for an unspecified continuance, which would (with more time) most certainly invite even more publicity.

Pretty sure that's called talking out of both sides of one's face.

JMO

 

[Megnut]

Escaping redaction, I did see a new word. Poverty. Is this AT's red flag? And she's presenting herself as lead expert that generational poverty might be the terrible burden that caused BK to murder four young people, and she would like the rest of forever to read up on that?

Judge, not impressed.

JMO

 

[Tealgrove]

I think it’s hilarious that AT asked for a change of venue AND GOT IT and now is taking a beating at the gavel of our most favourite judge.

Judge Hippler says it as it is and has no problem letting Team Kohberger know it.

AT’s reputation is taking a beating.

I wonder if AT has history with Judge Hippler. She’s probably wishing she never asked for a change of venue.

Careful what you wish for!

MOO

 

[Tealgrove]

Sooooo….where does Team Kohberger go from here?

What’s AT’s next move?

 

[Megnut]

Sooooo….where does Team Kohberger go from here?

What’s AT’s next move?

Calendar pages are turning fast. IMO she isn't left with much. Trial strategy. Cross examination.

She will push that boundary. Asking questions in such a way that the jury might question the credibility of witnesses and the accuracy of investigators. In some ways, that might be her only edge and BK's only hope, not that I care about his hopes nor do I think he really holds any. Infamy, I suppose. It drives some people. Fame without shame.

Seems it's spilled all over counsel's table.

I lost count but how many ways has the judge reminded her that her tiresome claims that the State has withheld discovery are without merit?

I don't think AT thought she'd get the judge to budge, but I'm not sure she expected such a scathing performance review.

She should have.

JMO

 

[Justice101]

AT has 1% chance of getting an acquittal. She's smart and knows it.. and is trying to pull out every stop in the book.

To no avail.

But, time to get on with it. Time for a trial.

 

[SteveP]

Sooooo….where does Team Kohberger go from here?

What’s AT’s next move?

AT's next move? If I were her, it would be cross-country, far away from Idaho. Oh, you mean as it pertains to the case? Well, there's still 'the dog ate my casework' . Other than that, I've got nothing. JMO

 

[PunishThenForgive]

I don't like it either, but Lady Justice is blind for fairness and objectivity; the scales must be balanced. BK legally has a right to due process, as does every defendant. It is AT's job to get BK acquitted of these charges. Thankfully Judge Hippler kiboshed her alternate suspect theory and only threw her a week delay bone.

AT looks like this trial has taken a toll on her physically. I imagine she 'knows' BK is guilty, but is putting everything she's got into a NG verdict. It's not going to happen (IMO) and I think AT knows that, but she has put up one damn strong case so far and will continue to do so until it's a wrap. No chance of ineffective council on appeal here.

Bye, Bye Bry

JMO

BBM

This is the only part I disagree with. I understand and appreciate the importance of due process.

But is it really a defense attorney’s job to seek acquittal for every client?

Imagine a defense attorney has a client who is a serial child kidnapper, rapist and murderer. The evidence is overwhelming—bodies buried in his backyard, his semen in the vaginal tract of one recent victim found chained to his bed.

The defendant claims he is innocent, but the raped child, who isn’t dead yet, says he did it. Two days before, she saw him strangle her sister who was kidnapped with her, and her sister is one of the twenty children buried in his back yard.

Is it the defense attorney’s job to have her client found not guilty, to free him so he can repeat his crimes?

If the ABA really does require this of defense attorneys, if this is their code of “ethics,” I don’t find it ethical.

The goal of every attorney in the justice system should be to seek justice, fairness, and truth.

IMOO

 

[Arkay]

I think you are spot on -- and the judge says as much. When he said 'gamesmanship', it most certainly wasn't a compliment

This is all I see that’s left to AT—gamesmanship.

I don’t see legal games now, as she’s exhausted all that.

I see playground games.

Tug-of-war with the judge but not on legal principles.

Eeny-meeny-miney-mo with alternate suspects.

Whereas with Bryan, “catch me if you can” is done and dusted. Game over.

JMO

 

[minazoe]

it's the natural evolution of a death penalty case.

 

[Megnut]

12 minutes

A quick run down of the Defense's latest motions DENIED

 

[AcousticViper]

Since the pointing of the finger at four innocent people by the defense, trying to drag them into this, I have even less respect for AT. Ready to ruin lives on behalf of a demonic killer. It's dreadful.

The same flaw underpins the so-called "Due Process" movement on social media who hold the idea "it is better that ten guilty persons escape than that one innocent suffer." This might hold true if they were not simultaneously implicating random passers-by or throwing innocent members of the public under the bus to advance their cause.