4 Univ of Idaho Students Murdered - Bryan Kohberger Arrested - Moscow # 73

[WingsOverTX]

COI resolved per Banfield:

Kohberger’s lawyer cleared of conflict-of-interest concerns

Anne Taylor, the county’s chief public defender, previously represented three family members of two of Kohberger’s alleged victims.

www.newsnationnow.com

Sources close to the prosecution of Bryan Kohberger told NewsNation that his attorney had a private meeting with the judge and has been cleared of any conflict-of-interest concerns.
....
NewsNation also learned from someone close to the case that prosecutors support removing Taylor from the case.

 

[NCWatcher]

COI resolved per Banfield:

Kohberger’s lawyer cleared of conflict-of-interest concerns

Anne Taylor, the county’s chief public defender, previously represented three family members of two of Kohberger’s alleged victims.

www.newsnationnow.com

Sources close to the prosecution of Bryan Kohberger told NewsNation that his attorney had a private meeting with the judge and has been cleared of any conflict-of-interest concerns.
....
NewsNation also learned from someone close to the case that prosecutors support removing Taylor from the case.

Hmmm. Gag order? If I were the judge, I'd be pissed if this sort of thing is being blabbed to the press. Of course, it might not be true but Banfield is apparently claiming those close to or in the prosecutor's office are leaking.
JMO

 

[CSIDreamer]

COI resolved per Banfield:

Kohberger’s lawyer cleared of conflict-of-interest concerns

Anne Taylor, the county’s chief public defender, previously represented three family members of two of Kohberger’s alleged victims.

www.newsnationnow.com

Sources close to the prosecution of Bryan Kohberger told NewsNation that his attorney had a private meeting with the judge and has been cleared of any conflict-of-interest concerns.
....
NewsNation also learned from someone close to the case that prosecutors support removing Taylor from the case.

Well, if that's the case, the prosecution needs to file a motion to have her removed. JMO

 

[maskedwoman]

They may have called someone else too. I just read they'd asked about the jail capacity and number of cell towers. I should have brought the original post over. I linked it below;

4 Univ of Idaho Students Murdered - Bryan Kohberger Arrested - Moscow # 72

I guess the whole place might have been a bloodbath :( (I remember a child at school had a terrible nose bleed and half of the floor was a bloody mess.) Here 4 people were slaughtered and blood was (allegedly) trickling down a wall. Even officers were traumatized by the sight. No wonder one...

www.websleuths.com

From linked post: Palermo, a former University of Idaho student who is one of the reporters covering the story, said one of her colleagues was trying to get information from law enforcement about how many prison cells were in the Latah County prison where Kohberger is being held, however, they did not answer her question.

“They wouldn’t even answer that and that seems that the gag order wouldn’t apply to something like that.

I don't blame them. Answering questions from the press is like breaking a $20 for a quick change artist. If you don't answer any questions at all, you can't accidentally get yourself into trouble.

 

[maskedwoman]

Hmmm. Gag order? If I were the judge, I'd be pissed if this sort of thing is being blabbed to the press. Of course, it might not be true but Banfield is apparently claiming those close to or in the prosecutor's office are leaking.
JMO

In theory, there are many ways that information can travel without it being a direct line from the prosecution team to the press. A janitor, secretary, file clerk, etc., in the prosecutors office could have overheard a discussion amongst that team and run to the press. Or a family friend could have been in the family member's home when a telephone conversation took place with the prosecutor's office. Or - and these are ONLY possibilities - a family member who wants her gone could have told the press, in an attempt to nudge her out the door. It's also possible that this source is full of - something.

 

[NCWatcher]

In theory, there are many ways that information can travel without it being a direct line from the prosecution team to the press. A janitor, secretary, file clerk, etc., in the prosecutors office could have overheard a discussion amongst that team and run to the press. Or a family friend could have been in the family member's home when a telephone conversation took place with the prosecutor's office. Or - and these are ONLY possibilities - a family member who wants her gone could have told the press, in an attempt to nudge her out the door. It's also possible that this source is full of - something.

True. Could be untrue. And there are plenty of loose lips possibilities. I'd still think clerks and secretaries in the prosecutor's office should be gagged. And I'd wonder why the prosecutor's office would be discussing BK's representation with the victims' families with the possible exception of XK's mom (although really since she has a new appointed attorney I don't think she has any legal power to object-- she wouldn't need to sign a waiver I don't believe, even if a waiver was involved for BK) I'd also not call her a source close to the prosecution although AB might.
JMO

 

[CGray123]

https://twitter.com/x/status/1626340726912217088

The contract addresses conflicts of interest (paragraph 1.2) and bar disciplinary actions (paragraph 1.9). AT signed it, from which I infer that she anticipates no problems of this kind. IMO, this is both the only evidence and the best evidence we can have on the subject of COI.

There is a reason the MSM has gone quiet on this topic after its outburst of increasingly accusatory articles and broadcasts. Idaho common law recognizes the doctrine of defamation per se, under which a plaintiff who can show that a media defendant willfully or recklessly published a false statement adversely reflecting on her fitness to perform her professional duties need not prove actual damages to win a judgment. Some MSM crossed this line IMO, not content to speak about the possibilities and how professionals handle them, but stating factual conclusions about AT that have no factual support whatsoever. I think they received a call from AT's personal attorney or their own corporate counsel, and things have quieted down.

 

[ktm44]

Well, if that's the case, the prosecution needs to file a motion to have her removed. JMO

If the statement is true and there was found to be no COI, what grounds would the prosecution have for her removal?

 

[CSIDreamer]

If the statement is true and there was found to be no COI, what grounds would the prosecution have for her removal?

None. But they can file the motion and have it denied. It's on the public record that way and deals with more of these "source" rumors. JMO

 

[SpanishInquisition]

If the statement is true and there was found to be no COI, what grounds would the prosecution have for her removal?

To inject some humor from Liar Liar into this:
Fletcher: Your Honor, I object!
Judge: And why is that, Mr. Reede?
Fletcher: Because it's devastating to my case!
Judge: Overruled.
Fletcher: Good call!

 

[CGray123]

COI resolved per Banfield:

Kohberger’s lawyer cleared of conflict-of-interest concerns

Anne Taylor, the county’s chief public defender, previously represented three family members of two of Kohberger’s alleged victims.

www.newsnationnow.com

Sources close to the prosecution of Bryan Kohberger told NewsNation that his attorney had a private meeting with the judge and has been cleared of any conflict-of-interest concerns.
....
NewsNation also learned from someone close to the case that prosecutors support removing Taylor from the case.

No surprise here. We expected that prosecutors would support CK's (CN's) complaint: she's one of their victims and she feels betrayed. The prosecutors could not expect to see AT removed unless they have something AT failed to disclose to this same court earlier, when it approved substitution of counsel in CK case and appointed AT to represent BK.

The only "sources close to the prosecution" who are not bound by the gag order are CK and the other victim parents. I totally understand how CK feels: who would feel otherwise in her position. But if no actual concurrent conflict of interest exists, there is no legal grounds to deny BK AT's expertise.

Ultimately, the ethical concern is not about appearances or feelings. It's about whether the legal interests of both PD clients will be served by competent counsel who are free to exercise independent professional judgment that is not compromised or limited by obligations to the other client. Very clearly, CK is represented by competent counsel in her case, and there is no legal grounds for the court to remove AT from the murder case.

It is entirely possible that CK has filed a bar complaint, which will be investigated and resolved privately unless the state bar disciplinary system takes action the court did not. It's clear AT is not worried. MOO

 

[ktm44]

None. But they can file the motion and have it denied. It's on the public record that way and deals with more of these "source" rumors. JMO

That's true but it really does feel like the media will find another way to discredit her and I'm not sure why. She's available, qualified and BK had a legal right to representation.

 

[ktm44]

No surprise here. We expected that prosecutors would support CK's (CN's) complaint: she's one of their victims and she feels betrayed. The prosecutors could not expect to see AT removed unless they have something AT failed to disclose to this same court earlier, when it approved substitution of counsel in CK case and appointed AT to represent BK.

The only "sources close to the prosecution" who are not bound by the gag order are CK and the other victim parents. I totally understand how CK feels: who would feel otherwise in her position. But if no actual concurrent conflict of interest exists, there is no legal grounds to deny BK AT's expertise.

Ultimately, the ethical concern is not about appearances or feelings. It's about whether the legal interests of both PD clients will be served by competent counsel who are free to exercise independent professional judgment that is not compromised or limited by obligations to the other client. Very clearly, CK is represented by competent counsel in her case, and there is no legal grounds for the court to remove AT from the murder case.

It is entirely possible that CK has filed a bar complaint, which will be investigated and resolved privately unless the state bar disciplinary system takes action the court did not. It's clear AT is not worried. MOO

Given your background, are you able to speculate on the POA that CN mentioned in her interview? Would that have been granted to a specific attorney or an agent of the public defenders office.

This has always felt like the sticking point for public perception and since it's not a document that has ever been produced, I would suggest that there has to be something within the document to protect a vulnerable person in the event their attorney left their job, was in some way unable to perform their duties or perhaps became ill for an extended period of time.

 

[DizzyB]

Or just wiped his shoes on a carpet before his exit. JMO

I felt that the footprint outside DM’s door was put in the PCA to establish that the person that she saw was indeed the person who made that footprint. There may have been other footprints from individuals that arrived that morning, first responders, LE. They have to connect the timing and the person that DM saw to the murders, especially because of the nature of the house and the many visitors. Who is to say that it wasn’t a friend, or a Door Dash guy? I know it sounds ridiculous but it’s foundation.
I assume the sneakers are the same size that BK wears, and there are photos or evidence that he owned Vans that could have made the footprint.

 

[ktm44]

I felt that the footprint outside DM’s door was put in the PCA to establish that the person that she saw was indeed the person who made that footprint. There may have been other footprints from individuals that arrived that morning, first responders, LE. They have to connect the timing and the person that DM saw to the murders, especially because of the nature of the house and the many visitors. Who is to say that it wasn’t a friend, or a Door Dash guy? I know it sounds ridiculous but it’s foundation.
I assume the sneakers are the same size that BK wears, and there are photos or evidence that he owned Vans that could have made the footprint.

First repsonders and LE wear heavy boots so I don't believe the footprint would come from them and given the nature of testing, it would have likely been after the murders but it could be suggested that the person the roommates called could have been resposible for it but I would hope LE checked that person's footwear and clothing immediately.

 

[CGray123]

Given your background, are you able to speculate on the POA that CN mentioned in her interview? Would that have been granted to a specific attorney or an agent of the public defenders office.

This has always felt like the sticking point for public perception and since it's not a document that has ever been produced, I would suggest that there has to be something within the document to protect a vulnerable person in the event their attorney left their job, was in some way unable to perform their duties or perhaps became ill for an extended period of time.

Attorneys cannot represent a client in court unless the client signs a representation agreement. In the PD's case, the standard agreement most likely recites that the office - not any individual attorney - represents the client; it expressly permits the lead attorney in the office to assign and reassign individual attorneys to represent the defendant. Law firms with multiple attorneys have similar terms in their standard representation agreement.

I believe CN (to whom I refer as CK to avoid confusion, because that is the name on her criminal case and also her daughter's name) simply misunderstood the nature of the representation agreement. Although it empowers the lead attorney to make assignment decisions, it is not a power of attorney. POAs have an entirely different purpose and I can't think of any reason why a public defender's office would want such a power. MOO

 

[iamshadow21]

I felt that the footprint outside DM’s door was put in the PCA to establish that the person that she saw was indeed the person who made that footprint. There may have been other footprints from individuals that arrived that morning, first responders, LE. They have to connect the timing and the person that DM saw to the murders, especially because of the nature of the house and the many visitors. Who is to say that it wasn’t a friend, or a Door Dash guy? I know it sounds ridiculous but it’s foundation.
I assume the sneakers are the same size that BK wears, and there are photos or evidence that he owned Vans that could have made the footprint.

Forgive me, folks, I'm going to talk blood again. Just scroll and roll if you're squeamish.

I think that the fact that the footprint was left in what was likely blood, and was stained for recovery with Amido black, makes it virtually impossible to have been left by anyone else than the perpetrator.

If it was completely clear to be seen without enhancement, they would have just photographed it as is, so it was probably faint, or almost invisible to the naked eye. He'd walked all the way from X's room, the closest source of blood, at least five or six metres before he made that step. Blood dries a lot more quickly than you'd think, and even if an external door was left open somewhere, as has been speculated based on the comments of a neighbour, the heating system was on and working to maintain the home at a comfortable ambient temperature, and keeping the air at a low humidity. The footprint was a light outline in blood, with detail enough to recover with staining, but very little actual wetness. By the time the alarm was raised, the footprint would have been completely dry for hours. Even much of the pooled blood on the hard surfaces was probably dry, or close to. It just wouldn't have been in a liquid state to be tracked everywhere by the friends, housemates, first responders, and police. And anything that was still wet would be very tacky, and separated into red cells and plasma. Prints left in that would look very different to prints left in blood shed moments before.

MOO, not a CSI, SOCO, or a phlebotomist.

 

[Sundog]

Attorneys cannot represent a client in court unless the client signs a representation agreement. In the PD's case, the standard agreement most likely recites that the office - not any individual attorney - represents the client; it expressly permits the lead attorney in the office to assign and reassign individual attorneys to represent the defendant. Law firms with multiple attorneys have similar terms in their standard representation agreement.

I believe CN (to whom I refer as CK to avoid confusion, because that is the name on her criminal case and also her daughter's name) simply misunderstood the nature of the representation agreement. Although it empowers the lead attorney to make assignment decisions, it is not a power of attorney. POAs have an entirely different purpose and I can't think of any reason why a public defender's office would want such a power. MOO

It's possible, of course, that Xana's mother misunderstood about her public defender or public defenders office having POA in her case. On the other hand, when I listened to CN's interview on NewsNation when she discussed this (and other matters), she struck me as very intelligent. So I am not so sure that she misunderstood. The Public Defenders Office may have had a limited POA on one issue in CN's life that CN requested. There is precedent for attorneys having limited and short duration POA if requested by a client, such as elder lawyers - and cases where naming a lawyer as power of attorney is done.


ETA: In either case, whether the PD Office had or didn't have POA for Xana's mother, I am sure it was transferred from her former public defender, Anne Taylor, to her new public defender, if it is still something she desired and the office offers that.

 

[maskedwoman]

First repsonders and LE wear heavy boots so I don't believe the footprint would come from them and given the nature of testing, it would have likely been after the murders but it could be suggested that the person the roommates called could have been resposible for it but I would hope LE checked that person's footwear and clothing immediately.

I would agree that exclusion prints, DNA and footprints would have been necessary. I would hope that is a common procedure these days, to both exclude all the LE, CSI, EMTs that could appear at any crime scene as well as help single out any unsub prints, etc., that are found.

 

[cottonweaver]

If the statement is true and there was found to be no COI, what grounds would the prosecution have for her removal?

Banfield might just want to keep the AT CoI story afloat. Her source may be incorrect