4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #82

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the fact that sharing with ID was granted by the court has to mean something. Whatever BK's parents had to testify to has to pertain to a PA crime, and it has to pertain to BK, or why would the sharing with ID be granted?
It's likely that it has to do with BK, and we know it is related to a crime in Monroe County, PA - but what was originally suggested and that you seemed to be agreeing to (ICBW, just read it that way) was that the original GJ was a ruse to get BK's parents on the stand under false pretenses because the court knew that he likely wasn’t involved in those matters, "but this would be a way they could get his parents under oath to testify to his whereabouts leading up to the murders." (<<that's a ruse, false pretense, etc.) That's the issue.

We do not lure people to court to testify under false pretense. If ID needs to subpoena the parents, they certainly will, and then they can get testimony under oath in ID.

Because the rules of the investigative GJ in PA are rather free form, it's hard to say exactly under what conditions they share info. All of the research I've done indicates that the information may be shared if the attorneys request it and the judge orders it, and the information is only to be used as set forth in the PA Code (Title 42 link below). That does not mean that the GJ can be a sham in PA set up to get information for ID; it means that if information in a legitimate PA GJ investigation may be helpful in another state's investigation, the information may be shared.

Now what 'helpful' means is a deeper dive, but AIS, if I were prosecution or defense in ID, I would ask to see the GJ testimony for a couple of reasons. If I'm either side, I'd be thinking "it might help my investigation - PA doesn't know everything I know", but it would also aid me in preparing for the trial in terms of the parents' demeanor, how the jury will see them, etc. (Are they combative or humble? Do they present well?, etc.) Whether or not the attorneys and judge or PA courts consider that as a viable reason to share to "assist in investigating crimes" is a deeper dive because IDK.


The attorneys for the Commonwealth may with the approval of the supervising judge disclose matters occurring before the investigating grand jury including transcripts of testimony to local, State, other state or Federal law enforcement or investigating agencies to assist them in investigating crimes under their investigative jurisdiction.

If their testimonies had absolutely nothing to do with BK, would ID attorneys have rights to his parents' testimonies on an unrelated case in PA? Sorry for all the question...

I'm not arguing that it is unrelated to BK. I'm saying that it wasn't a ploy to get BK's parents into court. SO that would mean it is a crime 1) in Monroe County; 2) that BK's parents had potentially witnessed/had information about; and that 3) by sharing the testimony with ID, the information could aid in the ID investigation. That last bit leaves a lot of room for speculation, but what I'd argue that it does not leave room for is BK's parents being subpoenaed by a Monroe County, PA Investigative GJ under false pretense to get information.

If I sound a little abrupt about it, please forgive me. That is not the intent. I'm just trying to be clear, but also to point out that courts do not (or at least should not) be acting outside of their legal jurisdiction, and in no way should his parents be lured to court under false pretense, and that is what was suggested IMO.


edited to add a few words that seemed to be missing.
 
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I remember JJJ had signed something early in the case, and wondering who he was. Maybe the 1/6/23 date is referring to:

Snipped

I don't think the 1/6 date is referring to the 1/4 order. The 1/4 order is listed in the cases of interest and is dated 1/4 by his signature. And both the 1/4 and 1/6 orders are listed in the case summary.

And I know the date is way different, but he also signed:

His name has popped up at different times in certain documents.

ETA: Judge Marshall is a Magistrate Judge, and Judge Judge is an Administrative District Judge.
TY so much for pointing this out. I had not realized he signed other orders.
Also, for pointing out the difference in judges: I checked out the differences. After reading through the administrative judge job description, I thought maybe that early order was for security? or something similar that they wouldn't want published. JMO

The sealed notice on 3/28 is something different - some kind of hearing, just guessing and MOO.

Administrative Judge:


1685645037669.png

Migistrate Judge:

Magistrate judges have jurisdiction to hear infractions, misdemeanors, felony preliminary hearings, probates, guardianships, conservatorships, divorces, adoptions, termination of parental rights cases, habeas corpus cases, juvenile cases, and civil cases in which the amount of money in dispute does not exceed $10,000.

Most commonly, magistrate judges are assigned to hear all types of cases that are authorized to be filed in the magistrate division of the district court.

Currently, there are 89 magistrate judges serving the state of Idaho


The Magistrate Division of the District Court of Idaho is the people’s court - from traffic infractions to misdemeanor cases, small claims to civil protection order proceedings, child custody to adoptions, probates to property disputes, a Magistrate judge is the face of the Idaho Judiciary that most people encounter.

 
I've looked and can't find any evidence of BK living outside his parental home in Albrightsville, before moving to WSU. The records I search are property and rental records compiled by an online database (there's a fee). It's never been reported that he lived other than in his parents' home, so I"m going with "this was his first time away from home."

He's such a night owl (and was known for being a night time runner back in PA), that I wonder if this behavior was prompted in part by wanting to have a life of his own, outside the parental house, in the middle of the night. Not much to do in the middle of the night. At any rate, he may well have had a habit of going out on his own in the night and maybe he used running as a ruse (and running is not going to exclude occasional prowling or peeping).

I agree it would be very hard to pull off a murder and so far, I'm not convinced he did. But I do think he had a past of what we can call "antisocial" (improper, borderline illegal, low misdemeanor level) behavior. The drug use was of course not a misdemeanor level thing. I'm with @Helechawagirl in thinking the Idaho murders were his first. If things had gone the way he planned, he'd still be in grad school, getting ready for his second year. He'd be in the "cool down" phase of post-criminality. He would have been really paranoid at first, but by the fall, he'd have begun to think he was uncatchable and would likely start planning another crime/murders. It might have taken him 2-3 years to plan the next one, not unheard of. I wonder if he planned to remain over the summer in Pullman.

On a slightly different topic, any thoughts on why BK's mail is now being vetted/sorted by his attorney? Does that mean anything the attorney approves gets to him - or does that just mean that the attorney sees the mail first and forwards whatever BK and she have decided is forwardable and the jail still does its due diligence? Anyone seen this in a prior case?

IMO
Quote:

"On a slightly different topic, any thoughts on why BK's mail is now being vetted/sorted by his attorney? Does that mean anything the attorney approves gets to him - or does that just mean that the attorney sees the mail first and forwards whatever BK and she have decided is forwardable and the jail still does its due diligence? Anyone seen this in a prior case?"

It is because BK is getting threatening mail, death threat letters in jail. He doesn't just get crazy "love letters" he gets "hate mail."

Video (Consider the source but news nation was accurate with BK's jail conditions and that he was being looked at in other crimes, amongst other things etc....)

 
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Quote:

"On a slightly different topic, any thoughts on why BK's mail is now being vetted/sorted by his attorney? Does that mean anything the attorney approves gets to him - or does that just mean that the attorney sees the mail first and forwards whatever BK and she have decided is forwardable and the jail still does its due diligence? Anyone seen this in a prior case?"

It is because BK is getting threatening mail, death threat letters in jail. He doesn't just get crazy "love letters" he gets "hate mail."

Video:


Thank you! I hadn't seen that. All makes sense now.
 
Quote:

"On a slightly different topic, any thoughts on why BK's mail is now being vetted/sorted by his attorney? Does that mean anything the attorney approves gets to him - or does that just mean that the attorney sees the mail first and forwards whatever BK and she have decided is forwardable and the jail still does its due diligence? Anyone seen this in a prior case?"

It is because BK is getting threatening death threat letters in jail, not just crazy "love letters."

My thought was because the Defense does not want anyone else to open/read them as they make there way to BK. MOO

Incoming mail​

Incoming Mail Guidelines explain the process for sending mail to prison residents, what items are prohibited and what happens to mail when a resident is transferred. The residents in our prisons may receive letters (no packages) and photos (no Polaroids or nudity) from family/friends. Personal letters will be opened and searched for contraband;

 
My thought was because the Defense does not want anyone else to open/read them as they make there way to BK. MOO

Incoming mail​

Incoming Mail Guidelines explain the process for sending mail to prison residents, what items are prohibited and what happens to mail when a resident is transferred. The residents in our prisons may receive letters (no packages) and photos (no Polaroids or nudity) from family/friends. Personal letters will be opened and searched for contraband;


I would have thought that the mail was going to the jail employees first. I assume that the jail will continue to look at the mail before he gets it; was just curious what the lawyer is supposed to be screening for.

That was actually my question: does the lawyer's scan of the mail change these policies? I would think not. Makes sense that the lawyers are keeping threats away from him.

IMO.
 
It's likely that it has to do with BK, and we know it is related to a crime in Monroe County, PA - but what was originally suggested and that you seemed to be agreeing to (ICBW, just read it that way) was that the original GJ was a ruse to get BK's parents on the stand under false pretenses because the court knew that he likely wasn’t involved in those matters, "but this would be a way they could get his parents under oath to testify to his whereabouts leading up to the murders." (<<that's a ruse, false pretense, etc.) That's the issue.

We do not lure people to court to testify under false pretense. If ID needs to subpoena the parents, they certainly will, and then they can get testimony under oath in ID.

Because the rules of the investigative GJ in PA are rather free form, it's hard to say exactly under what conditions they share info. All of the research I've done indicates that the information may be shared if the attorneys request it and the judge orders it, and the information is only to be used as set forth in the PA Code (Title 42 link below). That does not mean that the GJ can be a sham in PA set up to get information for ID; it means that if information in a legitimate PA GJ investigation may be helpful in another state's investigation, the information may be shared.

Now what 'helpful' means is a deeper dive, but AIS, if I were prosecution or defense in ID, I would ask to see the GJ testimony for a couple of reasons. If I'm either side, I'd be thinking "it might help my investigation - PA doesn't know everything I know", but it would also aid me in preparing for the trial in terms of the parents' demeanor, how the jury will see them, etc. (Are they combative or humble? Do they present well?, etc.) Whether or not the attorneys and judge or PA courts consider that "assist in investigating crimes" is a deeper dive because IDK.


The attorneys for the Commonwealth may with the approval of the supervising judge disclose matters occurring before the investigating grand jury including transcripts of testimony to local, State, other state or Federal law enforcement or investigating agencies to assist them in investigating crimes under their investigative jurisdiction.



I'm not arguing that it is unrelated to BK. I'm saying that it wasn't a ploy to get BK's parents into court. SO that would mean it is a crime 1) in Monroe County; 2) that BK's parents had potentially witnessed/had information about; and that 3) by sharing the testimony with ID, the information could aid in the ID investigation. That last bit leaves a lot of room for speculation, but what I'd argue that it does not leave room for is BK's parents being subpoenaed by a Monroe County, PA Investigative GJ under false pretense to get information.

If I sound a little abrupt about it, please forgive me. That is not the intent. I'm just trying to be clear, but also to point out that courts do not (or at least should not) be acting outside of their legal jurisdiction, and in no way should his parents be lured to court under false pretense, and that is what was suggested IMO.
Thank you, and I didn't find you abrupt in your posts. I appreciate the explanations and why it's important! I might have misrepresented what I was agreeing with the OP, but I agree with you that the GJ was not a ruse, and that would be unethical. Actually, I think the fact that BK's parents had to testify at a GJ in PA is fascinating. The part I took from the OP's idea was that the parents might have something that is significant to BK's whereabouts and activities, but I think it has something to do with a crime in Monroe Co., PA, not ID. But, since the court agreed for this to be shared with ID, I think it has a peripheral bearing on the ID case. I'm not good at explaining my thoughts, but the best I can do is use the example of stalking. If he online stalked a girl in Monroe Co., PA, and threatened to stab her to death, well, that might be relevant to the ID case in regards to his past behavior. That's just a random example I made up, of course. I'm sure there are errors in my thinking there, but it's off the top of my head.

But I have to admit, when talking about ethics, it doesn't feel right to me for attorneys (on either side) in another state, on a wholly unrelated case, to be able to get testimony information for the sole purpose of deciding how or if they want to question those same people in another case. I mean, I can totally see the advantage of that, for both sides, but it's just not something I realized was done. But, I guess it's like a football coach watching his opposing team's past games, to best plan his own team's next moves...
 
Did PA. Judge Auth. Release of PA GJ Transcripts of BK's Parents' Testimony to ID?
.... from what I've been reading here, the fact that sharing with ID was granted by the court has to mean something. ,.. :)
Snipped for focus @TL4S
The title says it all.
Just been skimming ~ past week and thought the discussion was hypothetical ---
could or would the PA. judge auth. release.

Do we know for a fact, that this has actually happened? Or if a request has been filed? Public record or sealed? Presumably the request/motion would originate w atty's for PA.

(Sorry if already definitely determined in posts here.)

ETA @Sister Golden Hair Agreeing w your post, about 5 posts up, re ruse = abuse, if /when it happens.
Similar thoughts, but me --- world's-slowest-on-the-keyboard --- going at a snail's pace.


______________________________________
FWIW, IIUC --- Per below, w supervising judge's approval, atty's for PA may disclose matters occurring before the investigating GJ, including transcripts of testimony, to ... other state or ... investigating agencies to assist them in investigating crimes under their investigative jurisdiction.

Section of PA statute re investigating GJs
" § 4548. Powers of investigating grand jury.
"(b) Disclosure of proceedings by participants other than witnesses.
--Disclosure of matters occurring before the grand jury other than its deliberations and the vote of any juror may be made to the attorneys for the Commonwealth for use in the performance of their duties. The attorneys for the Commonwealth may with the approval of the supervising judge disclose matters occurring before the investigating grand jury including transcripts of testimony to local, State, other state or Federal law enforcement or investigating agencies to assist them in investigating crimes under their investigative jurisdiction. Otherwise a juror, attorney, interpreter, stenographer, operator of a recording device, or any typist who transcribes recorded testimony may disclose matters occurring before the grand jury only when so directed by the court. All such persons shall be sworn to secrecy, and shall be in contempt of court if they reveal any information which they are sworn to keep secret."
 
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IMO, the most likely reason for the PA GJ to subpoena BK's parents is to follow up and close the loop on an ongoing investigation into his past and any potential crimes he may have been involved in in Monroe County PA during the time he lived in PA.

Parents of Idaho student murder suspect subpoenaed to testify before Pennsylvania grand jury
"The parents of Bryan Kohberger have been subpoenaed to testify before a Monroe County, Pennsylvania, investigative grand jury, according to a source familiar with the situation."

This is from an article back in March that references the 3 different counties and their DAs in the area BK lived in or near or attended school, having looked into potential crimes he may have committed and/or a matching MO.

It states that 2 (Northampton and Lehigh Counties) found nothing on him, whereas 1 (Monroe County) said it would be looking into his past (BBM):

Did Bryan Kohberger commit any crimes in Pa.? Local law enforcement officials speak with 69 News
"EASTON, Pa. - As the country awaits Bryan Kohberger's next court appearance in June, the question continues to surface online and in communities throughout our region: did he commit any crimes in Pennsylvania?
"This is a very rare case, right? This is horrendous conduct. So right away, you know, your natural instinct is to wonder," said Northampton County District Attorney Terence Houck.
"We recognized right away that he had no contacts with the criminal justice system here," said Houck. "We have no open kind of cases at all that fit that MO or that we are wondering about."
The Lehigh County DA's Office tells us it did the same type of search and found nothing.
When Kohberger appeared in court in the Poconos, the Monroe County DA's Office said it would be looking into the Pleasant Valley grad's past,
though our several interview requests over the last few months to follow up on that have gone unanswered."


Therefore, as far as the public knows, it sounds like the DA's office in Monroe County is the only 1 of 3 County DA offices early on that were looking into BK's past in PA, that is still or was conducting an investigation.

They said they would be looking into BK's past in that county starting many months ago, and they have not made similar statements to the media, as the other 2 County DAs have, that they have nothing on him.

So it makes sense, IMO, that if they wanted to document the results of their investigation, even if they found nothing, or anything at all they wanted to follow up on and/or put to bed, they would use the court as the vehicle if need be, and that would occur in Monroe County.

Unless there was something that was unclear to Monroe County LE and DA's office regarding his activities or where he lived over time that they needed to clear up with his parents' input, they probably just wanted to see if they could confirm his whereabouts on certain dates by asking his parents.

ETA: Sorry if this was obvious to all, it just wasn't to me, which LE branches & DAs were doing what ;)
MOO
 
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Sorry to veer OT folks, but Tricia is asking for our help to find "The Human Fly". Please read her post:

 
But I have to admit, when talking about ethics, it doesn't feel right to me for attorneys (on either side) in another state, on a wholly unrelated case, to be able to get testimony information for the sole purpose of deciding how or if they want to question those same people in another case. I mean, I can totally see the advantage of that, for both sides, but it's just not something I realized was done. But, I guess it's like a football coach watching his opposing team's past games, to best plan his own team's next moves...

Oh, there's so much that's done even before voir dire that seems ... all sorts of jury consultants, mock trials, etc. OTOH, I agree, but OTOH I think that IDK. IDK what PA defines as aid, and IDK that the ID State/Defense would care to watch. I'm just saying I would want to know. For one thing, his parents are victims, too - and ones wholly without sympathy from many - so I'd want to prepare well and be decent about it. I still have ideals lol, but losing those quickly (<<not virtue signaling, but me making light of how hard things are sometimes).
 
My thought was because the Defense does not want anyone else to open/read them as they make there way to BK. MOO

Incoming mail​

Incoming Mail Guidelines explain the process for sending mail to prison residents, what items are prohibited and what happens to mail when a resident is transferred. The residents in our prisons may receive letters (no packages) and photos (no Polaroids or nudity) from family/friends. Personal letters will be opened and searched for contraband;

According to Dateline BK's mail is rerouted to his attorney. This means the attorney decides what to send over to the jail. Once at the jail all inmate's letters are searched.

The jail is not going to do this twice. Search his mail then send to attorney then attorney sends mail back so the jail would have to search it again.

Point is, you could be right in that there could be things of a sensitive nature that the attorneys do not want jail staff to see. Normally this is death threats which the attorneys screen for, and it justifies the attorneys wanting his mail rerouted to them,
but I have a hunch they are looking for anything incriminating.

A person who knows him writing him and saying incriminating statements about him.

Just a thought.
 
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I would have thought that the mail was going to the jail employees first. I assume that the jail will continue to look at the mail before he gets it; was just curious what the lawyer is supposed to be screening for.

That was actually my question: does the lawyer's scan of the mail change these policies? I would think not. Makes sense that the lawyers are keeping threats away from him.

IMO.
Just been reading through the idaho code. To me (IANAL) it appears that the jail standard operating procedure for mail stands even if the attorney is screening it. I tried to find out if the attorney could bring it in and show him during a visit, but I don't see anything and google told me to call the DOC lol. I don't think the attorney can do this because according to the code, it is not SOP for incoming mail. I don't think there is anything that prevents an attorney from verbally telling a client what they have read in a letter though. JMO


Contraband and prohibited mail​

Any thing--of any kind--that is prohibited by Board, Department, or facility rules, policies, directives, or standard operating procedures. Contraband also includes any thing--of any kind--that a facility head has not approved (1) for possession by an offender or (2) to bring into a facility or onto Department property.


4. Prohibited Mail Items Items prohibited include, but are not limited to, the following: • Items in a letter or package not authorized by policy or standard operating procedure


Attorney Access: Procedures

 
Sorry to interrupt the GJ and mail topics.
Dale W. Willits replied to an email re: in-person visits/interviews for PhD program at WSU.
Me......when in doubt go to the source.
BK could have visited on WSU's invite after acceptance, on the school's dime.

JMO

Email today from:
Willits, Dale

Hi -------



Thank you for the email. We do not require an in-person visit, though (funding permitted) we often invite applicants who have been accepted into our program to do on campus visits.



Best,


Dale



Dale W. Willits, Ph.D.
Associate Professor, Department of Criminal Justice & Criminology
Director, Graduate Programs in Criminal Justice & Criminology
Co-Investigator, Complex Social Interaction Lab
Research Faculty, Washington State Institute for Criminal Justice
Washington State University
509-335-8320
dale.willits@wsu.edu
 
The court seems intent on ruining my fun and making me crazy. Most of these are just sealed again w/no new info, but Strava is not and catches my eye. Thank you for keeping us posted on these!
 

Apologies if this has been discussed and I've missed it. What do we know about this Snapchat warrant? It's interesting that it is only covering information from the four victims plus two other housemates, and only for a very narrow window of time (June 23-August 1, 2022).
 
The court seems intent on ruining my fun and making me crazy. Most of these are just sealed again w/no new info, but Strava is not and catches my eye. Thank you for keeping us posted on these!
ATT shows dates June 23 - Aug 1 2022 for two unknown numbers. MOO
Google is interesting too (dates and number of accounts).
Snapchat Victims (June to August again)


ETA google and snapchat
 
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Did PA. Judge Auth. Release of PA GJ Transcripts of BK's Parents' Testimony to ID?

Snipped for focus @TL4S
The title says it all.
Just been skimming ~ past week and thought the discussion was hypothetical ---
could or would the PA. judge auth. release.

Do we know for a fact, that this has actually happened? Or if a request has been filed? Public record or sealed? Presumably the request/motion would originate w atty's for PA.

(Sorry if already definitely determined in posts here.)

ETA @Sister Golden Hair Agreeing w your post, about 5 posts up, re ruse = abuse, if /when it happens.
Similar thoughts, but me --- world's-slowest-on-the-keyboard --- going at a snail's pace.


______________________________________
FWIW, IIUC --- Per below, w supervising judge's approval, atty's for PA may disclose matters occurring before the investigating GJ, including transcripts of testimony, to ... other state or ... investigating agencies to assist them in investigating crimes under their investigative jurisdiction.

Section of PA statute re investigating GJs
" § 4548. Powers of investigating grand jury.
"(b) Disclosure of proceedings by participants other than witnesses.
--Disclosure of matters occurring before the grand jury other than its deliberations and the vote of any juror may be made to the attorneys for the Commonwealth for use in the performance of their duties. The attorneys for the Commonwealth may with the approval of the supervising judge disclose matters occurring before the investigating grand jury including transcripts of testimony to local, State, other state or Federal law enforcement or investigating agencies to assist them in investigating crimes under their investigative jurisdiction. Otherwise a juror, attorney, interpreter, stenographer, operator of a recording device, or any typist who transcribes recorded testimony may disclose matters occurring before the grand jury only when so directed by the court. All such persons shall be sworn to secrecy, and shall be in contempt of court if they reveal any information which they are sworn to keep secret."
I found this, I find it interesting that BK's parents tried (unsuccessfully) to have the subpoenas quashed:

<snipped & BBM>

The parents of the man indicted for the killings of four University of Idaho students were subpoenaed in the Pennsylvania jurisdiction where they live and where Bryan Kohberger was arrested last December.

Their compelled testimony under oath may be shared with prosecutors in Idaho, according to the source. Pennsylvania law allows judges to release transcripts of witness testimony before grand juries to other investigative agencies after a court hearing.

An attorney representing Kohberger's parents tried unsuccessfully to have the subpoenas quashed, the source said
.

Parents of Idaho student murder suspect subpoenaed to testify before Pennsylvania grand jury.
 
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