4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, 2022 #78

[U.N. Known]

<modsnip>

"Investigator Richard Bitonti, who is working for Anne Taylor, Mr Kohberger's lawyer, has subpoenaed Ms Funke to appear at the accused killer's hearing on June 28.

According to the affidavit, she allegedly witnessed a naked man run through a rear sliding door. She lived on the first-floor of the home and came face-to-face with the alleged killer."

Surviving roommate in university stabbings begs to not face 'killer' in court

Suspect Bryan Kohberger, 28, has been charged with four counts of first-degree murder and burglary after four University of Idaho students were stabbed to death on November 13, 2022

www.mirror.co.uk

What in the name of made-up nonsense is this? How do they get away with blatantly lying? I mean, if seeing a naked man run out of her 2nd-floor kitchen door from her first-floor bedroom happened, that would be a much more interesting story, but SMH at the Mirror.

 

[U.N. Known]

If there was actually evidence of BK's innocence, BK's lawyers would not be keeping this quiet until late June.

Correct me if I'm wrong, but they are legally obligated (gag order) to keep everything quiet unless allowed by the judge.

 

[gliving]

What affidavit could the Mirror possibly mean, I wonder? The only unsealed affidavit that I know of is the PCA - but that's not in there, or we'd have been discussing it non-stop.

How did the Mirror get a sealed affidavit? It's intriguing and the Mirror is considered MSM here, I believe.

That could explain what appeared to be LE's keen interest in that back slider. But what the hey??

IMO.

Assuming there's an ounce of truth in the article, Ms Taylor has access to all witness statements. <modsnip - reference was removed>

 

[Wallendo]

What affidavit could the Mirror possibly mean, I wonder? The only unsealed affidavit that I know of is the PCA - but that's not in there, or we'd have been discussing it non-stop.

How did the Mirror get a sealed affidavit? It's intriguing and the Mirror is considered MSM here, I believe.

That could explain what appeared to be LE's keen interest in that back slider. But what the hey??

IMO.

If true, that would completely change the course of this case. But is seems to be rumor. And somewhat fanciful.
Obviously, BK could not be dressed in black wearing a mask while simultaneously naked.
It is possible that there was another "house guest" who fled the carnage, but he would have left evidence behind such as clothes, wallet, ID, phone, et al.
There could be two killers, but why would one be completely dressed and the other naked?
If the guy in black was the delivery man and BK was the naked killer, there should be tons of BK DNA all over the house.
I would also hope the doordash driver wasn't doing naked deliveries.

 

[Wallendo]

Correct me if I'm wrong, but they are legally obligated (gag order) to keep everything quiet unless allowed by the judge.

A defense lawyer is not going to let a verifiably innocent client rot in jail. The lawyers cannot speak with the press or public, but can pick up the phone and call each other or the judge at any time.

 

[Boxer]

If true, that would completely change the course of this case. But is seems to be rumor. And somewhat fanciful.
Obviously, BK could not be dressed in black wearing a mask while simultaneously naked.
It is possible that there was another "house guest" who fled the carnage, but he would have left evidence behind such as clothes, wallet, ID, phone, et al.
There could be two killers, but why would one be completely dressed and the other naked?
If the guy in black was the delivery man and BK was the naked killer, there should be tons of BK DNA all over the house.
I would also hope the doordash driver wasn't doing naked deliveries.

Naked under coveralls? One zip and hes out?

 

[whiterhino]

Many years ago, I was left with PTSD after narrowly escaping a long-term marriage to a male with a very dangerous personality. He finally died last month so there's no valid reason for me to live in fear. I must learn to get him out of my mind. The flashbacks come unprovoked. Panic attacks can begin at any given time. I suffer from severe insomnia because I live in a state of hypervigilance.

The survivors no doubt have been severely traumatized. Should reliving those frightening moments prevent a survivor from testifying? I had to face my husband during court hearings for the brutal two year battle in order to obtain a divorce. Was it easy? No, it was terrorizing. However, the events that caused the trauma surface every day anyway.

Will testifying in court in front of the defendant be highly traumatizing? There's not a doubt in my mind that the very thought of being involved in the legal proceedings instills incredible pain and unrelenting fear for an empath.

There are three human responses to danger accompanied with intense fear from things said, seen or heard. They are: fight, flight or freeze. As we read with DM in the PCA, she was frozen. I would fight testifying in ID with all of my might and every cent my family could afford. Placing her in a jail cell for refusal, may mean she'll never adequately recover. How could this happen to her based on claims of a hired PI?

JMHOO

My heart goes out to you as a fellow survivor (also cheers to his resting in peace fwiw).

RBBM

Very wise and excellent point! The residue from the traumatic event will be present anyway. Sometimes it can be empowering for a victim to take the stand, to testify (IME & MOO). Depending on how things unfold there might also be an opportunity for the surviving victims and the families of the victims to make statements of impact (victim impact statement) which is an important piece for healing (JMO).

Correct me if I'm wrong but I believe when you mention DM and refer to putting her in jail, you meant BF not DM?

I've asked the same/similar questions in the last thread once we learned of the subpoena. BF must have some knowledge that DM does not also have otherwise it would seem that both of them would be facing the same ordeal, no?

ITA and would likely fight as well. Especially if I thought my words could result in the case being dismissed in any way.

 

[wary]

What in the name of made-up nonsense is this? How do they get away with blatantly lying? I mean, if seeing a naked man run out of her 2nd-floor kitchen door from her first-floor bedroom happened, that would be a much more interesting story, but SMH at the Mirror.

Since the Mirror is based in the U.K., I believe that their ‘first floor’ is our ‘second floor.’ So, I’m guessing that:

1: the affidavit is the one we all know so well.

2: Mirror mixed up DM with BF

3: Mirror removed the dark clothes because, well, nakedness makes a better story. Likewise for run vs walk.

MOO, of course

 

[CGray123]

Is there a link that confirms the DA plans to use a Grand Jury?

I have seen no media suggesting this, and since charges are already filed it would be odd, procedurally - unless the DA chooses to dismiss the case against BK and conduct further investigation through a grand jury. A grand jury could not complete its work before the PH IMO. A probable cause finding by the judge after the PH would mitigate the need for an indictment.

The motion to add counsel does not mention a grand jury, nor does the law require the local prosecutor to ask for a state grand jury in order to request and avail his office of the staff and resources of the Attorney General.

I am not sure where this grand jury assumption comes from.

 

[Gemmie]

IMO - firstly -

And what about lastly?

 

[PrairieWind]

I have seen no media suggesting this, and since charges are already filed it would be odd, procedurally - unless the DA chooses to dismiss the case against BK and conduct further investigation through a grand jury. A grand jury could not complete its work before the PH IMO. A probable cause finding by the judge after the PH would mitigate the need for an indictment.

The motion to add counsel does not mention a grand jury, nor does the law require the local prosecutor to ask for a state grand jury in order to request and avail his office of the staff and resources of the Attorney General.

I am not sure where this grand jury assumption comes from.

I think I may have inadvertently started the GJ confusion. I was saying yesterday that the DA had elected to go the Information and GJ route, when I meant to type Information and Preliminary Hearing route. My mistake. I hope this helps clarify. To the best of my knowledge there is no GJ nor any need for one. They are fairly rare in western states

 

[BeginnerSleuther]

They have his dna on a knife sleeve found beside one of the bodies where the victims have been stabbed, they have his car arriving and leaving on cctv / doorbell footage which is time stamped, thereby giving an accurate window the murder occurred… or am I missing something ?

Time of death needs to be independently obtained through physiological evidence, which a motor vehicle is not. You cannot determine time of death based on a car speeding away, regardless of that person's DNA being on the knife sheath. The point of a trial is to gather evidence against the suspect. If his car at the scene of the crime and you want to use that as evidence, then you have to prove the time of death correlates with his car being at the scene of the crime. You can't use the car speeding away as confirmation of time of death. That's confirmation bias.

MOO.

 

[U.N. Known]

A defense lawyer is not going to let a verifiably innocent client rot in jail. The lawyers cannot speak with the press or public, but can pick up the phone and call each other or the judge at any time.

Yes, but they cannot have him released without going through official procedures--hearings, etc.

 

[maskedwoman]

Naked under coveralls? One zip and hes out?

Incoming speculation from me. THAT could certainly explain alot. And it makes a lot of sense to me. The idea that a second non-resident male ran into the house, killed everyone, then naked from the house while BK was circling the neighborhood in his car is just absurd to me. I suppose it could be argued that a second person entered the house either naked, or stripped off before leaving. Of course, then I have other questions, including 1) how did this person get to the house? 2) were any other cars seen on video circling the neighborhood during that same period of time?

It could also explain the THUD (throwing the bloodied clothes into the trunk) and him driving quickly from the area. And the long drive. Because somewhere he would have to stop and dress without being seen.

Assuming the Mirror is not publishing total fiction today, and BF did see a naked person after DM saw a person in black, I can totally see the defense trying to interpret that into something besides BK stripping off bloodied clothes at the door on his way out. I don't think it will work, but it's a logical thing to try for.

 

[Nila Aella]

Is there a link that confirms the DA plans to use a Grand Jury?

There is mention of GJ in one of the motion to quash arguments on page three. Not sure if that indicates anything though. Might just be covering all bases at once.

https://t.co/akzpjRV6pZ

IMO, if there is a GJ it will be for another suspect.

What in the name of made-up nonsense is this? How do they get away with blatantly lying? I mean, if seeing a naked man run out of her 2nd-floor kitchen door from her first-floor bedroom happened, that would be a much more interesting story, but SMH at the Mirror.

We really do not know where he parked or where he went after he was seen heading toward the slider and we don't know what BF's movements/actions were other than the phone download briefly mentioned in the PCA (which indicates she was awake). MOO

What affidavit could the Mirror possibly mean, I wonder? The only unsealed affidavit that I know of is the PCA - but that's not in there, or we'd have been discussing it non-stop.

How did the Mirror get a sealed affidavit? It's intriguing and the Mirror is considered MSM here, I believe.

That could explain what appeared to be LE's keen interest in that back slider. But what the hey??

IMO.

Maybe the Nevada exhibits (blurred out in this link) in the material witness warrant?

https://t.co/p450Ak61JK

MOO

 

[BeginnerSleuther]

Incoming speculation from me. THAT could certainly explain alot. And it makes a lot of sense to me. The idea that a second non-resident male ran into the house, killed everyone, then naked from the house while BK was circling the neighborhood in his car is just absurd to me. I suppose it could be argued that a second person entered the house either naked, or stripped off before leaving. Of course, then I have other questions, including 1) how did this person get to the house? 2) were any other cars seen on video circling the neighborhood during that same period of time?

It could also explain the THUD (throwing the bloodied clothes into the trunk) and him driving quickly from the area. And the long drive. Because somewhere he would have to stop and dress without being seen.

Assuming the Mirror is not publishing total fiction today, and BF did see a naked person after DM saw a person in black, I can totally see the defense trying to interpret that into something besides BK stripping off bloodied clothes at the door on his way out. I don't think it will work, but it's a logical thing to try for.

I think he'd make too big a mess stripping out of bloody clothes on the way out. IMO, the article only makes sense if we start thinking about some of the speculation in the early days, that there were two intruders/killers. DM saw one and BF saw the other. JMO.

 

[WingsOverTX]

I think LE told those at the scene the importance of keeping the details confidential. Catching a murderer might depend on it.Their 4 college friends were brutally murdered, it does not surprise me at all that they were silent. This impacted these friends, relatives and community tremendously and I believe they banded together to keep the information quiet for this reason.

Had it been something minor, so and so did such and such it would probably be a different story.

JMO

I miss KG's father. We need an insider who is vocal. Too bad free speech has been sacrificed completely for what the judge thinks are more important rights superceding *almost* all rights of the public (we do get those "blind leading the blind" absent-any-context doc releases online - yippee).

And no, it's not just prurient interest that has me longing for sunshine on these legal proceedings.

JMO

 

[whiterhino]

I don't give him the intelligence credit for researching a boyfriend's vehicle.

And he is too cowardly to step foot into a house to confront a male.

2 Cents

EDIT

I do think he checked out the parking lot cars by walking in from the back, and if he did recognize E's truck then you are correct, he would have anticipated him. I believe he parked in one of those apartment parking spaces on road behind the house. He likely checked for surveillance cameras on his stalking missions.

I'm not "it's my way or the highway."

Don't get me wrong, I give BK zero credit for his level of skill in surveillance and stalking.

In order for BK to check out the cars in the parking lot (the parking area for Queen Road Apartments) BK had to drive/walk past the front of 1122 King Rd which is where the housemates parked. BK had to have seen whos car was there. At the least if BK were in fact stalking one of the housemates it would make sense that he knew which car belonged to his victim. JMO.

Regardless, if BK saw ECs' vehicle that night it did not deter him at all.

 

[Twistinginthewind]

IMO, a Grand Jury is not off the table in this case, even if only used for certain matters before the PH and trial and not in lieu of them.

There could be traumatized/intimidated/threatened confidential informants and witnesses whose identities need to be protected in the privacy of a GJ setting or LE wouldn't let them give testimony for fear they would be harmed.

Someone familiar with Idaho criminal proceedings, please correct me if I'm wrong, but I didn't think it was "either or", and both GJ and open hearings and trials could be used in a mosaic fashion in a complex case with 5 felony charges, and 1 suspect who refuses to answer LE questions ( Bryan Kohberger stopped police interview after question about Idaho murders ).

JMO

 

[Montecore1]

I think he'd make too big a mess stripping out of bloody clothes on the way out. IMO, the article only makes sense if we start thinking about some of the speculation in the early days, that there were two intruders/killers. DM saw one and BF saw the other. JMO.

"Has anyone else been arrested?"

IMO I don't trust The Mirror, but on the other hand it does seem that this case gets crazier every day. MOO