ID - 4 Univ of Idaho Students Murdered - Bryan Kohberger Arrested - Moscow # 70

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Eagerly awaiting the next legal cogs in the process to happen and results (if they won't compromise the ongoing investigation) to be publicized as LE seeks justice for the murders of Ethan, Kaylee, Maddie and Xana! MOO

The wheels of justice turn slowly, so I expect we’ll be here for two or three years minimum.
 
As we've gotten to know the victims' families, to some small degree, it seems that Ethan and Kaylee grew up in intact families, having both parents in the home and several siblings surrounding them.

Maddie's parents were not together, and she was an only child, but she was absorbed fully by the Goncalves family who always included her as a daughter/sister.

From the outside looking in, it seems like Xana and her sister were thriving in their colleges, although perhaps their childhoods were in some ways more challenging than the childhoods of their friends.

I speak from experience as a mother who was divorced with one child who was 15 months old at the time---life is harder. For the parent and the child.

It's unspeakable that the dreams of all four victims were so hideously thwarted, but in my heart I feel that Xana had to overcome more. She, and of course all of them, so richly deserved a happy future.

IMO
 
FWIW, I feel sad that Xana's mom has to appear on, for example, an interview with Banfield. The district attorney issue is a big one and there are obvious ethical problems. I am not a lawyer, so I can't speak for the details. What a tragic situation.
CN does not have to give any interviews. If I were her public defender, I would advise her to avoid all publicity of any kind.

The reason this is a tragic situation rests entirely with AT's decision to represent Kohberger. While there are not any good options due to geography & special qualifications that may be needed, another public defender could be chosen.

IANAL but IMO this entire controversy - which is legitimate in nature - was preventable.

"The analysis turns on whether Taylor received confidential information from the parent during her representation that may be relevant to Kohberger or the victim.

"If so, Taylor may have to 'wall' herself off and have another attorney handle the parent witness. If the wall does not effectively maintain the confidentiality of the parent communications, or if the wall would not allow Taylor to effectively represent Kohberger, Taylor would have to withdraw from the case entirely.

If there is an actual conflict, it may be imputed to the public defender's office, disqualifying anyone in the office from representing Kohberger."

MOO
 
As we've gotten to know the victims' families, to some small degree, it seems that Ethan and Kaylee grew up in intact families, having both parents in the home and several siblings surrounding them.

Maddie's parents were not together, and she was an only child, but she was absorbed fully by the Goncalves family who always included her as a daughter/sister.

From the outside looking in, it seems like Xana and her sister were thriving in their colleges, although perhaps their childhoods were in some ways more challenging than the childhoods of their friends.

I speak from experience as a mother who was divorced with one child who was 15 months old at the time---life is harder. For the parent and the child.

It's unspeakable that the dreams of all four victims were so hideously thwarted, but in my heart I feel that Xana had to overcome more. She, and of course all of them, so richly deserved a happy future.

IMO
I’m glad that Xana had this good friend growing up.

 
CN does not have to give any interviews. If I were her public defender, I would advise her to avoid all publicity of any kind.

The reason this is a tragic situation rests entirely with AT's decision to represent Kohberger. While there are not any good options due to geography & special qualifications that may be needed, another public defender could be chosen.
<modsnip> No, CN does not have to give any interviews. And yet, I sense ethical issues even beyond the public defender issue.
 
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"Cara Kernodle added that she "absolutely" would oppose Taylor representing Kohberger, and refuse to sign a waiver that would allow her to continue doing so."

 
"Cara Kernodle added that she "absolutely" would oppose Taylor representing Kohberger, and refuse to sign a waiver that would allow her to continue doing so."


From your link -
"I'd already signed over power of attorney so that she could help me with getting into rehab and whatnot," she told NewsNation's Ashleigh Banfield.”

Does anyone have any idea what sort of POA she might be referring to? In my experience POAs are generally financially related as opposed to making health decisions. AT was given POA to manage CK’s finances while in rehab? If so, don’t shoot me but I’d think a COI may not exist for AT to represent CK during personal health related matters not directly connected to the murder of her daughter. <modsnip>JMO

ETA - IMO the optics would be quite different if AT represented CK in a potential wrongful death lawsuit against BK, then jumped the fence but it doesn’t seem that‘s the situation.
 
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Wow what a slap in the face to CN. Her lawyer who has been helping her through a legal matter just drops her to go represent and defend the guy accused of brutally murdering her daughter? Not a good look and just an all around disgusting move. Ugh. I don’t know why but this absolutely gets to me. This is gross.
 
From your link -
"I'd already signed over power of attorney so that she could help me with getting into rehab and whatnot," she told NewsNation's Ashleigh Banfield.”

Does anyone have any idea what sort of POA she might be referring to? In my experience POAs are generally financially related as opposed to making health decisions. AT was given POA to manage CK’s finances while in rehab? If so, don’t shoot me but I’d think a COI may not exist for AT to represent CK during personal health related matters not directly connected to the murder of her daughter. Drama. JMO

ETA - IMO the optics would be quite different if AT represented CK in a potential wrongful death lawsuit against BK, then jumped the fence but it doesn’t seem that‘s the situation.
I do wonder if there is a misunderstanding somewhere about the POA. Apparently POA's are only financial in Idaho. Anything related to healthcare decisions is called a "Living Will and Durable Power of Attorney for Health Care." I know some states separate living wills from the healthcare POA but apparently Idaho does not.

Idaho Power of Attorney Laws

What Health Care Directives Are Called in Your State
JMO
 
Wow what a slap in the face to CN. Her lawyer who has been helping her through a legal matter just drops her to go represent and defend the guy accused of brutally murdering her daughter? Not a good look and just an all around disgusting move. Ugh. I don’t know why but this absolutely gets to me. This is gross.
Im not sure as Im not a lawyer but...

As a public defender the person does not choose/drop clients but is assigned by a boss to cases, no?

The person works where is needed most.

JMO
 
From your link -
"I'd already signed over power of attorney so that she could help me with getting into rehab and whatnot," she told NewsNation's Ashleigh Banfield.”

Does anyone have any idea what sort of POA she might be referring to? In my experience POAs are generally financially related as opposed to making health decisions. AT was given POA to manage CK’s finances while in rehab? If so, don’t shoot me but I’d think a COI may not exist for AT to represent CK during personal health related matters not directly connected to the murder of her daughter. <modsnip> JMO

ETA - IMO the optics would be quite different if AT represented CK in a potential wrongful death lawsuit against BK, then jumped the fence but it doesn’t seem that‘s the situation.

It may be within legal protocol but it doesn’t remove the insensitive nature of the dynamics. This isn’t a favorable situation for a client. It’s traumatic and I think she is being mistreated because she is vulnerable and without any means of support.
 
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I do wonder if there is a misunderstanding somewhere about the POA. Apparently POA's are only financial in Idaho. Anything related to healthcare decisions is called a "Living Will and Durable Power of Attorney for Health Care." I know some states separate living wills from the healthcare POA but apparently Idaho does not.

Idaho Power of Attorney Laws

What Health Care Directives Are Called in Your State
JMO
My guess is that Xana's mom doesn't know the correct legal terms but she is doing her best.

I live in Idaho and I'm a legal assistant (although I don't work in estate planning). I just went through this with my own mother, getting power of attorney both over her financial and healthcare affairs should she become incapacitated and unable to make those decisions on her own.

When Xana's mom said she signed over POA to AT in order to help get her into rehab, I suppose that would mean AT would only be able to do that if Xana's mom was incapacitated and unable to make that decision on her own. <modsnip - not victim friendly> it was a good decision.

Since AT is no longer her attorney, Xana's mom likely needs to sign a new healthcare POA with a different lawyer.
 
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