ID - 4 Univ of Idaho Students Murdered - Bryan Kohberger Arrested - Moscow # 64

[debbiediablo]

I think most people have assumed that it was a covid mask. But the vagueness of the PCA statement leaves it wide open for speculation!
I have seen some people that think maybe a gaiter, and a couple thought a ski mask (as long as the eye holes were big enough to expose the bushy eyebrows). With the next hearing 5 months away, I can only imagine how many additional possibilities will get posted. Bandana? Baclava?

If it were me I'd opt for a mask covering my hair, too.

 

[jepop]

If the State doesn't call DM to testify about who she saw at the time of the murders that would open up the defense to call her as a witness who saw someone but can't positively identify the defendant as being that person.

The State should call her as a witness who can describe seeing someone that fits the physical description of the defendant. Same approximate height and weight. And leave it at that. That would blunt the defense from calling out any weakness of the eyewitness. JMO.

That does make sense to me but I am not a lawyer (if that wasn't totally obvious!). Do you know if the Defense is permitted to table/refer to or whatever Dylan's statement to police, even if the Prosecution do not?

 

[scottr]

Possibly texted at 4:20 a.m. Affadavit says that the phone records of both DM and Bethany contribute to the establishment of the murder times as between 4 am and 4:25 am.

I don't recall Bethany being part of the affidavit whatsoever. Sure you do not mean Xana?

 

[RANCH]

Agree, only to my mind it isn't only a matter of Dylan being unable to identify the defendent (BK) because at least part of her police statement (via PCA) already shows that she did not recognise the person she saw, IMO. IMO the defense, if they question her, will attempt to show that she could not have reasonably identified the basic characteristics of the person - height, build, eybrows - owing to lighting factors, confusion, intoxication or whatever else they deem relevant to raise. MOO

I'm sure that the defense would bring up lighting and other factors to cause the jury to doubt that the defendant was the person DM saw leaving the crime scene. JMO.

 

[scottr]

Might it not be useful for the defense to discredit her general description of the person she saw after 4am Nov 13 heading in direction of slider? I may have this wrong, but can't defense call her to testify even if the prosecution decide against putting her on the stand?

Correct, the defense can basically call whomever they want. The only person that cannot be called to testify is the defendant. Maybe a judge can stop something that is completely unwarranted from happening (like if the defense called a victim's family member to testify) but I can't imagine any judge blocking someone who provided LE with a statement directly related to the timeline of events.

 

[RANCH]

That does make sense to me but I am not a lawyer (if that wasn't totally obvious!). Do you know if the Defense is permitted to table/refer to or whatever Dylan's statement to police, even if the Prosecution do not?

I'm sure that anything a witness states to the police can be used by the defense.

That's why the defense is allowed discovery. They get to see everything the State finds in it's investigation. Including exculpatory evidence that the prosecution would not what to present to the jury. JMO.

 

[Sillybilly]

ADMIN NOTE:

gliving has asked permission to post a video from Chronicles of Olivia because it contains an interview with the Goncalves family. We are approving it with the following limitations:

This is not blanket approval for linking to the source at other times or for other cases. It is being approved on a one time basis only and strictly for discussion of what Kaylee's family has to say, with no discussion of the podcast hosts / interviewers.

 

[scottr]

If she isn't called to testify, then the defense would have no reason to discredit her.

Not necessarily. Prosecution likely would call upon a detective that took her statements and that detective would testify what she stated.

 

[Lyanna]

The PCA, its bothering me that there's an entire page redacted after LE found Xana and Ethan, but not much redaction after the statements of finding Kaylee and Maddie. Makes me think even more terrible thoughts about what the scene looked like and whether there was more injury to them than the stab wounds.

moo

 

[Palinsmom]

I did not see this. Can you tell me where to look?

I believe the link is in thread 63 towards the end. I’ve opened multiple links tonight so I’m trying to remember which one. Might have been Inside edition. I’ll post this now and go back to try and find it.

 

[wary]

Sorry to go on about this, just for clarity, so if the defense call her but the Prosecution don't, then the defense cannot bring her police statement into evidence themselves at that point and question the witness in regards to that statement? Genuine question. I think I am understanding that only the prosecution can table the witness' statement to police. Correct?

We definitely need lawyers to weigh in on this. My understanding is that they could bring in her police statement, but that they might be severely limited in their ability to discredit that statement.

But I’m completely and sincerely baffled as to why the defense would want to call her as a witness. What could they possibly gain by doing that?

 

[RANCH]

Not necessarily. Prosecution likely would call upon a detective that took her statements and that detective would testify what she stated.

Interesting. So the State can have a detective read a witness's statement and that would block the defense from cross examining that witness?

 

[wary]

I don't recall B being part of the affidavit whatsoever. Sure you do not mean Xana?

Yes, B is in the affidavit—

“The combination of D.M.'s statements to law enforcement, reviews of forensic downloads of records from B.F. and D.M.'s phone, and video of a suspect video as described below leads investigators to believe the homicides occurred between 4:00 a.m. and 4:25 am.”

 

[wary]

Not necessarily. Prosecution likely would call upon a detective that took her statements and that detective would testify what she stated.

In California, that’s allowable in a preliminary hearing, but I would think that it would be hearsay, in the real trial.

Of course, a detective can testify to what the defendant said—that’s a different matter.
MOO

 

[jepop]

We definitely need lawyers to weigh in on this. My understanding is that they could bring in her police statement, but that they might be severely limited in their ability to discredit that statement.

But I’m completely and sincerely baffled as to why the defense would want to call her as a witness. What could they possibly gain by doing that?

I do see your point. Perhaps it is only relevant based on the strength or weakness of the rest of the evidence to come. And we don't know what that is. IMO, defense could gain something in attempting to instill doubt in the jury if the other evidence isn't tight I guess. It could then be more a case of why not. Speculating and yes, expert opinion re the statement would be handy!

 

[jepop]

I'm sure that anything a witness states to the police can be used by the defense.

That's why the defense is allowed discovery. They get to see everything the State finds in it's investigation. Including exculpatory evidence that the prosecution would not what to present to the jury. JMO.

Again, to my layperson's mind that sounds right.

 

[Palinsmom]

Idaho Murder Suspect Bryan Kohberger Made Chilling Comments to Police After Arrest: Report

A police source told People magazine that Kohberger remained largely silent after his arrest last month but did make small talk with members of law enforcement while being extradited from Pennsylvania to Idaho.

www.insideedition.com

The link for those asking about BK talking to himself

 

[scottishgal]

Yesterday, Was thinking about all the 'news' about his middle school crush when he was 11.

It is so normal and rite of passage for most people to feel insecurity, heartbreak, jealousy, envy, during the growing up years. Along with that grows the ability to be able to laugh about it with friends, to build one's support systems, to build one's self esteem without needing to get everything one wishes for, to see those wishes are temporal anyway. To enjoy the journey or the process, and not to just see it as means to ends.

Woke up this morning thinking motive is likely IMO as simple as something to do with drugs that went wrong, and maybe being a criminologist he made it worse trying to make the crime look personal so the boyfriends would be suspected. In the early weeks, most people believed it had to be someone they knew well to explain so much rage as it looked very up close and personal.

 

[SophieRose]

I don't think it has been made clear that she ordered food. It has been reported that X had ordered a door dash delivery and it came at approximately 4 AM, but Door Dash delivers more than food. Could have been something else.

Posters think she may have ordered Jack-in-the-box because of this picture.
Scroll down.

University of Idaho student Xana Kernodle got DoorDash delivery just minutes before her murder

Kernodle and three of her roommates were stabbed to death by a crazed knifeman between 4 a.m. and 4:25 a.m. on Nov. 13.

nypost.com

When this picture first came out I tried ordering on the jib website and the Pullman location would not take online orders from Moscow. I wonder if they took phone orders and that's why her name is written on it instead of order being printed out on tag.

 

[Dotta]

Idaho Murder Suspect Bryan Kohberger Made Chilling Comments to Police After Arrest: Report

A police source told People magazine that Kohberger remained largely silent after his arrest last month but did make small talk with members of law enforcement while being extradited from Pennsylvania to Idaho.

www.insideedition.com

The link for those asking about BK talking to himself

Talking to himself seems to me his coping mechanism in traumatic situation.

By the way - if the posts about VSS and other symptoms are really his...
Does it mean that he was/is suffering from untreated mental illness??