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

[Waddles]

Idaho is small! Additionally, the defense attorney practices in the city where the parents were charged. It doesn't surprise me much. Also it's a "low crime" state. Yes, it has its share of crime, but it doesn't have many murders etc. Hence, that's where we are.

This helps me understand a bit better, but still wow

 

[CGray123]

If a conflict exists, if the entire office has it, then does that mean if BK had to be given another attorney the state would have to pay a private attorney? I know AT is the only PD in northern Idaho but even if there was another one or someone could be made to drive incredible distances from some other part of the state, it sounds like that couldn't work. Or is "the entire office" defined differently here to not mean statewide?
JMO

As @Cassady says, the PD seems to acknowledge the existence of a conflict in the Cara Kernodle case by moving to substitute conflicts counsel rather than assigning another deputy. That action resolved appropriately the conflict in that case.

The question whether AT has a conflict that would affect her representation of BK depends on something we don't know and probably won't know - whether Cara told her something in confidence that would be useful to BK's defense, but that she is constrained from disclosing by her attorney client relationship with Cara.

In normal circumstances and in a larger jurisdiction, I would agree with @Cassady that the PD would avoid even the appearance of a conflict by withdrawing in favor of outside counsel - regardless whether an actual conflict exists. The practicalities of such a policy in a small community with few LEGALLY qualified capital defense counsel undoubtedly plays a role in Idaho.

 

[SRWCF]

I don’t understand how there is a debate. I’m exercising a lot of self control in not responding to commenters who think that the treatment of the victims’ parents by AT is fine and ethical. My mama told me if I don’t have anything nice to say, don’t say anything at all.

I hope for the parents that this mess is straightened out quickly and fairly, and that the parents feel heard and respected in this time of unimaginable grief.

I like yer mama! ;-)

After hearing that AT has had dealings w/3 of the parents in the past, I'm changing my mind. That being said, it doesn't really matter what we, the public, think. What matters is what the law says about all of this.

I don't understand how AT thinks she can responsibly represent BCK knowing that she has dealt w/3 of the parents in the past. If I were an attorney, I would show bias towards the 3 parents.

 

[CGray123]

I like yer mama! ;-)

After hearing that AT has had dealings w/3 of the parents in the past, I'm changing my mind. That being said, it doesn't really matter what we, the public, think. What matters is what the law says about all of this.

I don't understand how AT thinks she can responsibly represent BCK knowing that she has dealt w/3 of the parents in the past. If I were an attorney, I would show bias towards the 3 parents.

I appreciate how you feel, but I hope we can consider whether the public defender could function in a small community if it had to withdraw from every case were the public perception of a conflict existed.

In most communities, the public defender's attorneys are among the best trial attorneys around. They represent more clients and try more cases in the jurisdiction they serve than any private attorney. They know the judges and juries well, and they are extremely well versed in both the law and its local interpretation. Just as important, they have a sense of mission that drives them to work for low pay, and to take the unpopular stand that every accused person deserves a fair trial - regardless of the reaction of the public, which too often resembles a lynch mob IMO.

 

[Barry]

Curious on thoughts. If this can't be resolved, does it end up being tried as a non-DP case?

 

[CGray123]

Curious on thoughts. If this can't be resolved, does it end up being tried as a non-DP case?

It must be resolved. There may or may not be a publicly visible effect or explanation. IMO it has already been resolved, and AT will remain on the case.

 

[SRWCF]

I appreciate how you feel, but I hope we can consider whether the public defender could function in a small community if it had to withdraw from every case were the public perception of a conflict existed.

In most communities, the public defender's attorneys are among the best trial attorneys around. They represent more clients and try more cases in the jurisdiction they serve than any private attorney. They know the judges and juries well, and they are extremely well versed in both the law and its local interpretation. Just as important, they have a sense of mission that drives them to work for low pay, and to take the unpopular stand that every accused person deserves a fair trial - regardless of the reaction of the public, which too often resembles a lynch mob IMO.

I'm mostly worried about BCK getting a fair trial. 1) He deserves one like any other person would, and 2) I think he committed these murders and I don't want ANYTHING getting in the way of justice being served.

 

[WingsOverTX]

Curious on thoughts. If this can't be resolved, does it end up being tried as a non-DP case?

I wouldn't think so. The DA brings the charges deemed appropriate relative to the multiple counts of murder & burglary.

BK will need to have an attorney (most likely a public defender; maybe one in private practice funded by the county) appropriately qualified to defend those charges.

Justice for the victims cannot be compromised just because finding an attorney for BK is difficult.

JMO

 

[GRT]

Ms Taylor has represented three parents of the victims. I won't c/p any of the article so just click on link to read.

Bryan Kohberger Public Defender Represented Father and Stepmother of Murder Victim Madison Mogen

Court records obtained by Inside Edition Digital list Anne Taylor as a member of the defense team on closed criminal cases involving Benjamin Mogen and his wife, Korie Hatrock.

www.insideedition.com

Wow! What are the odds...?

 

[Barry]

It must be resolved. There may or may not be a publicly visible effect or explanation. IMO it has already been resolved, and AT will remain on the case.

I wouldn't think so. The DA brings the charges deemed appropriate relative to the multiple counts of murder & burglary.

BK will need to have an attorney (most likely a public defender; maybe one in private practice funded by the county) appropriately qualified to defend those charges.

Justice for the victims cannot be compromised just because finding an attorney for BK is difficult.

JMO

Thoughts I was hoping to hear. The chessboard looks different otherwise (in an unsettling way).

 

[CGray123]

I'm mostly worried about BCK getting a fair trial. 1) He deserves one like any other person would, and 2) I think he committed these murders and I don't want ANYTHING getting in the way of justice being served.

I am confident the DA feels the same. For that reason, I expect that he will seek to remove AT if he believes she has a conflict that could impair her ability to represent BK.

But as I have said repeatedly, the PD's office MUST have considered these issues before AT was assigned. There could be no mistake based on a lack of knowledge: she knows her past and current clients. They would have discussed it and made an informed decision who to assign as lead counsel.

 

[Dotta]

"Legal expert has warned that quadruple murder suspect Bryan Kohberger could have his conviction overturned if his current attorney does not recuse herself from the case – after a 'glaring' conflict of interest came to light."

EXCL - Legal expert fears Bryan Kohberger's lawyer may derail case

Chief Public defender Ann Taylor is currently representing Kohberger, 28, as the case heads to trial, but she was previously the lawyer of Cara Northington.

www.dailymail.co.uk

 

[ExpectingUnicorns]

As if 1 parent of 1 victim wasn't enough of a complication -
Now we have 3 parents of 2 different victims.
This added a ball of wax inside the can of worms.

 

[formerlyme]

Yes

I thought so , this thing is gonna go on for a long time.

 

[DeDee]

I have written about the ambiguity in this case more than once. Precisely, what is the date when AT was assigned to rep BK?

While researching for another matter, I ran across this image that was taken on JAN 3, 2023 at 1122 King.

DEC 30 BK arrested in PA.

JAN 3 Hearing in PA whereby BK agreed to be extradited to Idaho. Labar was his attorney.
JAN 3 AT seen at CS (Crime Scene) location, 1122 King. (FOX image*)

JAN 5 AT withdrew as attorney for CN.
JAN 5 Christopher Schwartz was assigned as PD for CN. (FOX link*)
JAN 5 PCAA was released.
JAN 5 Hearing in Moscow where BK was read the charging doc.

JAN 12 AT states client, BK, waives his right to a speedy Prelim during status meeting. ( FOX link* )


Idaho murders: Bryan Kohberger attorney withdrew from representing victim's mom

Timeline from abc except where noted above as FOX was that TL source.*
Idaho college murders: The complete timeline of events

 

[Nila Aella]

I have written about the ambiguity in this case more than once. Precisely, what is the date when AT was assigned to rep BK?

snipped for focus

Order appointing AT was 12/30
Limited Notice of appearance 12/30

https://coi.isc.idaho.gov/docs/case/CR29-22-2805/123022%20Order%20Appointing%20Public%20Defender.pdf

https://coi.isc.idaho.gov/docs/case/CR29-22-2805/123022%20Limited%20Notice%20of%20Appearance.pdf

 

[CGray123]

As if 1 parent of 1 victim wasn't enough of a complication -
Now we have 3 parents of 2 different victims.
This added a ball of wax inside the can of worms.

The Public Defense Commission met today and discussed pending cases in executive session. I believe they took no action of any kind on BK's case. If nothing happens by Monday (no withdrawal of PD representation, no motion to disqualify the PD by the DA, no action sue sponte by the court to consider the issue) I think it will be reasonable to consider the COI matter closed as far as these proceedings are concerned. Not as an issue of public discussion but as a legal matter.

 

[Nila Aella]

I have written about the ambiguity in this case more than once. Precisely, what is the date when AT was assigned to rep BK?

While researching for another matter, I ran across this image that was taken on JAN 3, 2023 at 1122 King.

DEC 30 BK arrested in PA.

JAN 3 Hearing in PA whereby BK agreed to be extradited to Idaho. Labar was his attorney.
JAN 3 AT seen at CS (Crime Scene) location, 1122 King. (FOX image*)

JAN 5 AT withdrew as attorney for CN.
JAN 5 Christopher Schwartz was assigned as PD for CN. (FOX link*)
JAN 5 PCAA was released.
JAN 5 Hearing in Moscow where BK was read the charging doc.

JAN 12 AT states client, BK, waives his right to a speedy Prelim during status meeting. ( FOX link* )

View attachment 397971
Idaho murders: Bryan Kohberger attorney withdrew from representing victim's mom

Timeline from abc except where noted above as FOX was that TL source.*
Idaho college murders: The complete timeline of events

January 2 was a holiday
Jan 4 evening is when BK arrived in Idaho. JMO

 

[ExpectingUnicorns]

The Public Defense Commission met today and discussed pending cases in executive session. I believe they took no action of any kind on BK's case. If nothing happens by Monday (no withdrawal of PD representation, no motion to disqualify the PD by the DA, no action sue sponte by the court to consider the issue) I think it will be reasonable to consider the COI matter closed as far as these proceedings are concerned. Not as an issue of public discussion but as a legal matter.

Good. I'm thankful if they are looking into this issue. I would hope, though, that they would provide some summary account of their decision. Transparency is good in that we all learn and it helps keep Lady Justice blind, too - obviously in MOO.

 

[SRWCF]

I am confident the DA feels the same. For that reason, I expect that he will seek to remove AT if he believes she has a conflict that could impair her ability to represent BK.

But as I have said repeatedly, the PD's office MUST have considered these issues before AT was assigned. There could be no mistake based on a lack of knowledge: she knows her past and current clients. They would have discussed it and made an informed decision who to assign as lead counsel.

Agreed! And while it may have not been immediately obvious that Xana was the daughter of one of AT's clients, Mogen (Maddie) is not a common last name so I'm sure that particular relationship (AT once representing MM's dad) was looked into right away.