ID - 4 University of Idaho Students Died in Apparent Homicide, Moscow, 13 Nov 2022 ****Media Thread**** NO DISCUSSION #2

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State of Idaho v. Bryan C. Kohberger​

Latah County CR29-22-2805

Case Summary (Updated 04/01/24)


 
Kohberger's lawyer filed a new document in court Wednesday that says a survey they completed proves that the jury pool in Latah County is "biased" against him.

However, prosecutors are arguing that this is not only violating the gag order for the case, but also could be potentially tainting the jury pool.

Abrams explains why he supports moving the trial.

abc30.com

Bryan Kohberger trial: Lawyer for man accused in Idaho college murders says jury pool is biased

New claims in Idaho college murders case as suspect's attorney says jury pool is biased against client
abc30.com abc30.com

Thursday, April 4, 2024 11:20AM
 
For those of you following the Bryan #Kohberger case in Latah County, I will be live tweeting the latest hearing at 1:30 today. Judge John Judge provides a livestream on his YouTube channel if you want to watch the proceeding.


Discussion topics include state's objection to defense's telephone survey of potential jurors and due process. Whether this high profile quadruple murder trial gets moved to another venue hasn't been decided. Lengthy trial is expected to take place next year.


#BryanKohberger will appear in District Court in about 30 minutes. He is accused of stabbing four University of Idaho students to death on Nov. 13, 2022, in Moscow. He was later arrested in his home state of Pennsylvania and remains in custody of the Latah County Jail.


#BryanKohberger hearing is underway. Prosecutor Bill Thompson said he's concerned about information used for defense's recent telephonic survey of Latah County residents. He believes questions by people hired to do the survey violated the gag order.


Transcript of a call: Have you read, seen or heard about murders, knife sheath, DNA, white car, cell tower data, students lived in fear, Kohberger was out driving alone, etc. Those questions are disseminating evidence that would be presented at trial, Thompson said.


Agents of defense interrogated 400 residents and embedded "facts" of case, whether they were true or not. Conduct was reckless and outrageous, prosecutor said.


Kohberger, seated at the defense table, is focused on the prosecutor or looking straight ahead. Very few people in the courtroom. Judge John Judge is on the bench. Defense attorney Anne Taylor is sitting next to the defendant.


The defense's people brought this on themselves, Thompson said. "They made their bed, they have to live in it." He wants to make sure more people are not "tainted" by these types of survey questions.


Judge said one remedy is disqualifying the 400 people who were contacted. Latah County has about 40,000 residents.


Judge wants to hear more about the process. Taylor said she didn't write the questions. Survey was done by Bryan Edelman, who is appearing via Zoom. She said the anonymous survey is similar to other ones done during high profile cases.


Did Edelman know about the non-dissemination order? Taylor said he studied news stories about Kohberger. Judge said we have worked so hard to protect a fair trial. Our concern was all of the media stuff floating around. Some of these questions are concerning, judge said.


Taylor is upset about judge's order on late Friday afternoon. She said she didn't get a chance to respond. Judge said he read the materials, and it seemed like there were legitimate concerns about the survey. Judge said he set a hearing and properly gave everyone notice.


Taylor said the Court should not have issued an order that stopped the survey. It cost the defense two weeks of work. Judge said we wouldn't even be here today if there had been communication with the state about the questions. Taylor said she doesn't need their permission.


Judge is unhappy Taylor accused him of violating Kohberger's due process. The survey was a total shock to him. "This is a big deal, and I take it very, very seriously." Judge said he was surprised survey was being conducted "behind our backs.”


Taylor said her team doesn't answer emails or calls about case. Easier to say nothing. Purpose of survey was to find out what people have read, seen or heard in the media. Questions were based on things that were already out in the public. Some of the info was untrue, she said.


Judge said it planted seeds, may have led people to look up things they had not heard about the case. Whole intent of non-dissemination order was to prevent things like this. Now the judge and Taylor are debating the timing of his emergency order on a late Friday.


Thompson told the judge the survey "may have" violated gag order on that Friday, and Judge put the survey on pause. Taylor said two additional counties need to be surveyed. Recommendation is SE Idaho county, Bannock or Bonneville, and the other county is Ada.


Boise has more lodging, bigger airport, courthouse security, and a larger population, Taylor said. Thompson is responding. First off, there's no due process issue with the timing of the judge's order. Judge agrees, saying he followed the correct process.


Today's hearing is a lot of back and forth about that Friday ruling. Taylor is saying judge jumped as soon as prosecutor asked for an order. Then the survey issue pops up again, along with possible change of venue. Hope it's not too jumbled as I quickly type.

Thompson said state got reports from police about the survey, along with a recording, which is a "game changer," providing vital info about what was being asked. Inappropriate questions violate gag order, and folks were "injected" with that info. "This survey cannot stand.”


Prosecutor Thompson said a new survey should be conducted in Latah County. At this point, state is dealing with a mess created by an agent of the defense, he said.
1712268265922.png

Taylor said her office sent Dr. Edelman a notice about the non-dissemination order, but he didn't receive it. At this point, Court has to decide whether defense has to start over. Judge is concerned about cost to taxpayers. He's also worried about false info that was shared.


Sounds like there's going to be another hearing at 4 p.m. on April 10. Numerous motions have been filed that still need to be heard. Thanks for following along today!
@newsfromkerri
 
#bryankohberger's attorney surveyed 400 potential jurors in Latah County about the case.

As you can imagine, the prosecution is livid. (Wait until you see the questions in article attached)

Judge Judge halted the surveys straight away while awaiting a hearing on the matter.

Then Kohberger's attorney went after Judge Judge with a left field claim that the Judge was interfering with Kohberger's Due Process because he temporarily halted the surveys pending a hearing.

Slap in the face to Judge Judge by Ann Taylor duly noted.

The Judge has concerns with how the surveys were worded and wants more information before ruling about venue.

Judge Judge was definitely Irrate at Ann, accusing her of going behind his back.

Ann quickly dodged responsibility for the questions, saying she didn't know exactly what the questions were.

I call BS on that. Ann knows exactly what is happening in this case. She's getting paid $100s of $1000s to know.Anyway, the drama continues and still No trial date.

The Next Hearing is next Wednesday.

Hoping for justice for the #Idaho4.

https://twitter.com/x/status/1776647146067968071
 
Thread: Yesterday, I reported on latest #Idaho4 hearing for #BryanKohberger, over the defense's use of a phone poll to survey prospective jurors in county for potential bias in the push for a change of venue. The survey ?s are now a point of intrigue. /1


https://twitter.com/x/status/1776373241751449624


Here they are, accd to prosecutor who read them aloud, for public consumption:Have you read, seen or heard if Bryan Kohberger was arrested at his parents' home in Pennsylvania?Have you read, seen or heard if police found a knife sheath on the bed next to one of the victims? /2




Have you read, seen or heard the DNA found on the knife sheath was later matched to Bryan Kohberger?Have you read, seen or heard if Bryan Kohberger owned the same type of car recorded on video driving in the neighborhood where the killings occurred? /3




Have you read, seen or heard if Bryan Kohberger said that he was out driving alone on the night of the murders?Have you read, seen or heard if Bryan Kohberger stalked one of the victims? /4



Have you read, seen or heard if Bryan Kohberger had followed one of the victims on social media? /5
 
Prosecutors in Bryan Kohberger's Idaho murder case said this week that they found a "game changer" audio recording that related to possible jurors in the case.

Kohberger, 29, has been charged with four counts of first-degree murder and one count of felony burglary in connection with the fatal stabbings of Kaylee Goncalves, 21, Madison Mogen, 21, Xana Kernodle, 20, and Ethan Chapin, 20. The bodies of the four University of Idaho students were found in an off-campus residence on November 13, 2022. Kohberger has maintained his innocence in the case, previously standing silent during his arraignment. Judge John Judge, who is overseeing the case, entered "not guilty" pleas for each of the charges against him in response.

There is more at link, for those interested...


www.newsweek.com

Bryan Kohberger prosecutors find "game changer" audio recording

"This survey cannot stand," Latah County Prosecutor Bill Thompson said.
www.newsweek.com www.newsweek.com

Published Apr 05, 2024 at 9:29 AM EDT
 

State of Idaho v. Bryan C. Kohberger​

Latah County CR29-22-2805

Case Summary (Updated 04/09/24)


 
Bryan Kohberger's defense team warned this month of possible threats to people's lives in the Idaho murders trial.

On April 4, Kohberger's attorney, Anne Taylor, filed a motion with the state requesting that the court issue an order requiring "discovery requests and responses submitted by the Defense and the State under seal for the pendency of the case."


More at link ...



www.newsweek.com

Bryan Kohberger lawyers warn of threat to people's lives

Kohberger has maintained his innocence in the case, previously standing silent during his arraignment.
www.newsweek.com www.newsweek.com

Updated Apr 10, 2024 at 10:50 AM EDT
 
04/10/2014 Survey Hearing

The latest #BryanKohberger hearing is scheduled to begin at 4 today. Discussion of defense's survey of 400 Latah County residents will continue, along with various other motions and dates to consider. I'll be posting updates for those of you who can't livestream it.


At this point, the biggest question is whether the trial will be moved to another county in Idaho, but that won't be determined today. Trial is supposed to take place in 2025. Families of four UI students who were killed are growing weary of delays.


Another issue that's looming is Kohberger's alibi. Judge John Judge gave the defense until April 17 to submit documents and more detail than "driving around that night," which was his previous explanation of activities.


Last week, the Kohberger hearing was feisty. Not sure what to expect today. The survey was conducted by an expert in California, and the judge and prosecutor were caught off guard by the questions. Argument is whether it violated the gag order or tainted the jury pool.

Hearing is underway. Prosecutor says his office received a presentation from the expert today, and it deals with change of venue, which is premature. Anne Taylor, defense attorney, wants Dr. Edelman to discuss his findings with the Court.

Judge John Judge is looking over the presentation. Taylor says there is nothing wrong with the process, and her expert is ready to go. Thompson argues that the "loaded questions" violated the gag order. Judge is defining public record. It's not social media or media reports.


Taylor said the questions stemmed from information that was spread far and wide. The probable-cause affidavit was public, she says. Judge is "nervous about spreading things out that shouldn't be spread.”


The questions are fair game, Taylor says. The problem with the media happened when the affidavit was first shared. Kohberger's rights are important to her, Taylor says. The media coverage is prejudicial, and the trial should not be held in this county, she says.


Thompson says the people who were called didn't necessarily have all of the facts or an awareness of all of the rumors in this case. Judge says the questions have nothing to do with guilt, innocence or even the truth, and this situation has to be fixed.


Dr. Bryan Edelman is now testifying. He's a trial consultant who conducted the telephonic survey in March. He is talking about his experience and education relating to change of venue, the death penalty and jury selection.


Edelman says he focuses on whether the media coverage is prejudicial and if it's impacted the jury pool. He collected all of the stories about Kohberger during his research. Thompson objects to PowerPoint being played in Court, says it's inappropriate.


Presentation continues. Edelman says he's aware there is a gag order in this case. He discovered it in media coverage of Kohberger case. It did not change how he did his work. Everything he used was in the media, Edelman says. He's now playing a video of a press conference.


Media not only published the affidavit, but added their own spin, Edelman says. Massive media coverage was prejudicial. Rumors and misinformation was widely spread, he says. Random digit dial telephone survey was used to assess community attitude on case.

People who read the news regularly typically have more knowledge of cases and opinions, Edelman says. The nine questions that are an issue are skipped if a person knows about the case. They are a memory prompt, he says. Questions are now on the screen.


Here is a sample of questions asked in Latah County by Edelman in Kohberger case.

1712800254111.png


Asking open-ended questions is challenging, versus using specific information to prompt recall and recognition, Edelman says. Prejudicial details come out in close-ended questions. If those questions are not included, bias can be undetected.


Edelman says survey for Kohberger case was valid. Case specific questions were appropriate. About 3% to 4% of survey takers didn't know about the case, he says. The survey was given to 400 Latah County residents.


Presentation in Kohberger case:

1712799973810.png


According to his data, 82% of survey respondents who recognized seven or more media items reported that Kohberger was guilty. Only 29% who recognized two or fewer media items believes the defendant is guilty, Edelman says.


The knife sheath allegedly being found on the bed next to one of the victims was a significant finding in the survey, he says. Another prejudicial finding was a stalking accusation that was widely reported, Edelman says.


Edelman says coverage of last week's survey discussion created undo prejudice against the defendant. He is defending his work, saying he's an objective expert, and all of the questions were developed from information in the public record.


This is a national case, everyone has been saturated with coverage, but surveys should be conducted in other counties to find out what misinformation is out there, Edelman says. Bonneville or Ada counties may be options.


Thompson says he's sorry Edelman's feelings were hurt. Edelman says he was angry about his reputation and work being questioned. Thompson says the question about Kohberger stalking a victim was false, and Edelman agrees.


Taylor says Thompson is badgering the witness. Thompson is upset that a question with false info was allowed. Edelman says some of the questions came from the media, not the affidavit.


Press conference used in presentation was to tell the media to look at the court record, Thompson says. Details were taken from PC and changed, Taylor says. Media sometime get its wrong, Edelman says, and it affects opinions. Doesn't matter if it's true or not.


Edelman is defending his use of the stalking question. He is open to continue doing the survey. Judge says the key concern is questions with untrue info. Public record is the case file. To add extra info creates a difficult situation for the Court.


Judge says this is a death penalty case, and each juror will probably be questioned individually during selection. Respondents could be people who like to talk on the phone to strangers. Others wouldn't even answer the call.


Defense says the process needs to continue. Media has created a narrative, Kohberger allegedly made multiple trips from Pullman to Moscow, and the foundation is in the public record, attorney says. Valid survey has been used in many high profile cases.


Nothing that was done was worth the hysteria expressed in this courtroom, she says. Research methods are traditional and widely used. Purpose is to give Court information.


Intent is not to poison the jury pool, attorney says. Latah County residents already know about the case, and the majority have formed an opinion that Kohberger is guilty. Police chief, coroner, search warrants and others put info in the public.


Team has the "privilege" of defending Kohberger, attorney says. We have to justify a venue change. Striking the 400 respondents from the jury pool doesn't solve the problem, she says. No case law supports that in Idaho code.


Our defense team firmly believes in Mr. Kohberger's innocence, attorney says. There is absolutely nothing that gets risked if you change venue, she says. He has a right to a fair trial.


Thompson says gag order was initiated by the defense. State's position is that questions with untrue information should not be used in survey. State is trying to use common sense here. Defense seems to indicate it's OK to taint potential jurors to justify venue change.


Prosecutor says the solution is a new survey, with a new group of people, and take out the objectionable questions. This is a big case, and it needs to be done right, Thompson says.


Judge says two questions were not in the public record. He says it's a challenging issue and something he has to struggle through. Probably won't have a decision this week.


Change of venue hearing will be pushed to 10 a.m. on June 27 in Latah County District Court. Full day of testimony is anticipated.


Today's hearing lasted almost three hours. It's wrapping up now. Thanks for following along! I appreciate it.


@newsfromkerri
 
1/3 Bryan Kohberber prosecutor says it is false that Kohberger stalked one of the victims.
This came up while the prosecutor was questioning a defense expert this afternoon who performed a telephone survey of Latah county residents to determine whether the jury pool is biased.

https://twitter.com/x/status/1778252811387429193

2/3 Prosecutor says the experts survey has "loaded questions and some are factually incorrect."
He says the defense expert should not "go around screwing the knowledge that prospective jurors may have or may not have."


3/3 Defense says they are conducting the survey to support their argument the trial should be moved to a different county. No decision has been made at this point.
 
This hearing was brutal to listen to (Link below)

Takeaways:

*Ann Taylor is large and in charge
*The Expert made a big blunder. He said he wasn't done analyzing the information but then stated, accidentally, that he had already made his conclusion
*The state of Idaho is paying 10s of 1000s for expert witnesses. This is expert #6 and counting and we are years away from trial. (Subnote- #RichardAllen was afforded NONE)
*The venue hearing has been postponed to 6/27*I felt as Browbeaten as Judge Judge after that hearing
*Judge Judge will consider whether surveys will continue and, if so, what questions will be used. He will take some time to make his decision. He is considering the information provided by the expert Taylor called and the objections made by the prosecution. Taylor was allowed to present her expert and his PowerPoint. The prosecution didn't want the PowerPoint, but Judge Judge allowed it. He is picking his battles.

And so justice for the #Kaylee, #Ethan, #Maddie, and #Xana remains nowhere in sight as expert after expert testifies about non-scientific notions.
https://twitter.com/x/status/1778251134596993508
 
LATAH COUNTY, Idaho (Court TV) — A judge is expected to rule on whether Bryan Kohberger’s defense can continue its survey of prospective jurors, by asking nine case specific questions including two of which contain false information about the defendant.

...

www.courttv.com

Judge to rule whether Bryan Kohberger's defense can continue jury survey

One defense survey question reads: Have you read, seen or heard if Bryan Kohberger followed one of the victims on social media?
www.courttv.com www.courttv.com

Posted at 7:58 AM, April 11, 2024
 
@cathyrusson

ALIBI: #BryanKohberger's team filed more info about his alibi the night of the #Idaho4 murders. “Mr. Kohberger was out driving in the early morning hours of November 13, 2022; as he often did to hike and run and/or see the moon and stars. He drove throughout the area south ofPullman, Washington, west of Moscow, Idaho including Wawawai Park.” They plan to call a cell tower expert.

https://twitter.com/x/status/1780785556101689601

@BrianEntin

Bryan Kohberger's legal team filed his alibi a short time ago.They claim he likes to go out for hikes and late night drives -- and that he was driving in the area of Pullman, Washington and west of Moscow, Idaho -- but not near the victims house.

https://twitter.com/x/status/1780768841334706273



Below is the public records response that details these costs, and that Pennsylvania has no record of a bill sent to #Idaho for the police escorted state flight from Scranton to Pullman for #BryanKohberger on Jan. 4, 2023. #Moscow didn't either. Mystery solved.

https://twitter.com/x/status/1781044687983534265

@kfixler

Update: Through another records response, I can now confirm the Pennsylvania flight for #BryanKohberger to Pullman, WA, cost $14,100 (as @KTVB reported), plus ~$8,209 for staff escort. The @PAStatePolice did not bill #Idaho for total of $22,309.



BREAKING: Defense for #BryanKohberger met Weds deadline to file his alibi in #Idaho4 murder case. They plan to provide "partial corroboration" of his defense in the early morning hours of the victims' deaths on Nov. 13, the filing said. Initial story here.



Defense in #Idaho4 case said in new alibi filing that #BryanKohberger was avid hiker, runner, moon- and stargazer. They doubled-down that he was out driving alone, and said cellphone data will prove his whereabouts during the homicides. Final story here.





Police and prosecutors have never acknowledged @OthramTech by name for involvement in #Idaho4 investigation of suspect #BryanKohberger. Within my story is the invoice the DNA company sent #Idaho State Police for $5K for rushed #IGG work in November 2022.



@MorganRomeroTV

If Kohberger does not provide a more concrete alibi by tomorrow, the defense will not be able to use the alleged alibi as a defense during the trial.

https://twitter.com/MorganRomeroTV/status/1780669418743460133

BREAKING: Kohberger claims he was out for one of his regular nighttime drives at the time of the murders, and says his cell phone data will corroborate his alibi.


 
 
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