4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, 2022 #79

[Dotta]

Bryan Kohberger's attorney fights with prosecutors over evidence

"As of May 4, 2023, Counsel for Mr. Kohberger has not received the requested materials," a court document said.

www.newsweek.com

 

[maskedwoman]

Bryan Kohberger's attorney fights with prosecutors over evidence

"As of May 4, 2023, Counsel for Mr. Kohberger has not received the requested materials," a court document said.

www.newsweek.com

Thank you for posting. If the Newsweek article is correct, almost everything they are asking the judge to compel discovery on is from Pennsylvania, but "notes and recordings" from Moscow are also mentioned.

 

[PrairieWind]

Maybe because the State doesn't have it? Perhaps there is no body cam or recording of Det. Payne. And maybe Pennsylvania has failed to produce its documents in a timely fashion to either side?

I do believe that the documents produced would have to be properly provided (directly from the source) and not, for example, merely photographed on some person's cell phone. IOW, the reports from PA should be official, right?


IMO.

I am assuming it is because the State doesn't have them (the alternative is they are withholding them). Even if the state has just emailed/scanned reports/transcripts, they would need to produce that now. Then supplement with wet ink official versions. If this is about the arrest interviews in PA, that is pretty inexcusable. Were the interviews recorded? Yes or no. Produce them. I would think PA LE would want to get this off their desk ASAP. Open files are bad news for a department and this is one they can close with an hour of paperwork.

 

[Nila Aella]

Just noticed the new attorney on the motion to compel

Assigned Attorney:
Anne C. Taylor, Public Defender, Bar Number: 5836
Jay W. Logsdon, Chief Deputy Public Defender, Bar Number: 8759
Elisa G. Massoth, Bar Number: 5647

https://coi.isc.idaho.gov/docs/case/CR29-22-2805/050423%20Motion%20to%20Compel%20Discovery.pdf

 

[wary]

Maybe because the State doesn't have it? Perhaps there is no body cam or recording of Det. Payne. And maybe Pennsylvania has failed to produce its documents in a timely fashion to either side?

I do believe that the documents produced would have to be properly provided (directly from the source) and not, for example, merely photographed on some person's cell phone. IOW, the reports from PA should be official, right?


IMO.

Since BK went silent and requested an attorney back in PA, isn’t it extremely unlikely that Det. Payne interrogated him in Idaho?

 

[Nila Aella]

• 05/09/2023 Notice of Appearance
• 05/09/2023 Motion to Reconsider
• 05/09/2023 Declaration of Wendy J Olson in Support of Motion to Reconsider
• 05/09/2023 Memorandum In Support of Motion to Reconsider

Idaho Judicial Cases of Interest

ETA link

 

[U.N. Known]

These are the items that really must be turned over, if they exist, as they are clearly available to LE in Moscow. I would assume that they are being produced as we type. Looks like other officers' records were turned over, but under that motion to compel, the State failed to produce the notes and/or videos of Detective Payne.

Do detectives also wear body cams in Idaho? I don't recall anything in the PCA indicating that Payne had interrogated BK. So I'm going to say that it's possible no such interrogation took place, and the Defense is just crossing it's T's and dotting it's I's.

They want the State to say definitively whether Payne interrogated BK. If BK has a memory of Payne so doing, then there should be a recording of some type. However, it's still possible that Payne never spoke to BK.

Due to gag order, we have no way of knowing.

IMO.

Based on the request in the recent motion to compel, it appears that Payne did interrogate BK. I missed it too initially. It's mentioned in the 2nd paragraph under item number 3 on the Motion.

Losing one's on campus job does not equal "banned from campus." One is basically an HR decision.

The other is a disciplinary matter, taken very seriously, and usually handled by the Office of Student Affairs/Student Services (by a Vice President or Vice Chancellor in charge of some kind of investigatory committee). Where I work, there's a list of faculty volunteers from many departments and the Vice President convenes a committee by choosing faculty NOT from the department who is having the problem with a student. Often, counselors, a psychologist and police may be involved (either as committee members or as people who provide reports and background). I suspect LE was involved in this. Campus police can usually issue a temporary ban from campus, but it takes a process for it to be permanent.

HR sends the dismissal letters, it cannot ban people from campus.

Special committees (that usually include police) ban people from campus.

IMO.

That was my point. There have been comments/speculation/assumptions that the Trespass letter is related to whatever caused BK's alleged "firing" from his TA position. My thought is that, IMO it would be odd if the two are related due to the timing of the Trespass letter.

The No Trespass letter came after BK was arrested, nearly two weeks after the alleged meeting/letter where he was officially fired. My supposition/speculation is that the Trespass letter is directly related to the current charges against BK.

Maybe because the State doesn't have it? Perhaps there is no body cam or recording of Det. Payne. And maybe Pennsylvania has failed to produce its documents in a timely fashion to either side?

I do believe that the documents produced would have to be properly provided (directly from the source) and not, for example, merely photographed on some person's cell phone. IOW, the reports from PA should be official, right?


IMO.

The state may or may not have information from labs or from PA. However, IMO there is no reason that they would not have information from Moscow PD considering that they used some, if not all of that information to decide to try the case.

As for bodycam footage of Det. Payne, it's reasonable to assume there is. There is bodycam footage of officers responding to the noise complaints (speaking with Xana in one and Kaylee in another. More importantly, Detective Payne wrote the following on page 2 of the PCA, "I later learned (from review of Officer Nunes' body camera) there was a dog in the room when Moscow Police Officers initially responded."

 

[kittythehare]

I am assuming it is because the State doesn't have them (the alternative is they are withholding them). Even if the state has just emailed/scanned reports/transcripts, they would need to produce that now. Then supplement with wet ink official versions. If this is about the arrest interviews in PA, that is pretty inexcusable. Were the interviews recorded? Yes or no. Produce them. I would think PA LE would want to get this off their desk ASAP. Open files are bad news for a department and this is one they can close with an hour of paperwork.

Did one of those interviews end very very quickly when he asked for a lawyer having declined one?

 

[mmeynstyn]

IMO, the prosecution team absolutely is intentionally withholding evidence.

Four of the six requests on the Motion to Compel are from the 1st Supplemental Request for Discovery. That request was filed "on or about" February 23. Half of those requests are LE records. Both of the requests from the 2nd Supplemental Request for Discovery ("on or about March 24") the Motion are LE records.

The prosecution has provided copious amounts of evidence to the defense team, per their request. However, since they have not have provided the six pieces of evidence, requested months ago, what else are we to assume, but that for reasons of their own, the prosecution has deliberately avoided providing the evidence to the PD's office? .

Possibly withholding. Why would the Prosecution withhold (not sure I understand the logic)?

IMO, bureaucracy accounts for most of the delay in discovery though. ID State probably had to request the arrest information, video from PA State. JMO, that could take a couple months. Then, I image ID Prosecution team would want to go over it before sending it over to Defense. It does seem they should have turned it over by now though.

 

[10ofRods]

Since BK went silent and requested an attorney back in PA, isn’t it extremely unlikely that Det. Payne interrogated him in Idaho?

Well, I would think so. However, I can see how the defense might interpret any exchange of words between Payne and BK to be "interrogation."

I was just going to ask @PrairieWind to weigh in.

If a person has been read their Miranda rights and is under arrest, and they speak to someone, that information can be used against them, right? Even if it was spontaneous speech?

It's possible that BK remembers speaking to Payne and remembers what he said and is concerned that Payne will remember it too. I don't know how that works. I would assume that Payne will be called as a witness at the Prelim, and the defense might not want to ask him certain questions without knowing what he'll say?

How does that work? Det. Payne's testimony is not evidence; but notes or knowledge of an "interrogation" must surely be evidence?

It just seems unlikely to me that Det Payne would have done a formal interrogation (without AT or another of her team present, in Idaho.

IMO.

 

[Cool Cats]

Since BK went silent and requested an attorney back in PA, isn’t it extremely unlikely that Det. Payne interrogated him in Idaho?

Interesting.

But then he lost his Pennsylvania attorney right? Then switched to an Idaho attorney.

I assume he had his Pennsylvania or Idaho attorney with him when he talked to Payne. According to this Motion to Compel he talked to Payne....

As of May 4, 2023, Counsel for Mr Kohberger has not received recordings and notes from the interrogation of Mr Kohberger by MPD Detective Payne.

 

[PrairieWind]

• 05/09/2023 Notice of Appearance
• 05/09/2023 Motion to Reconsider
• 05/09/2023 Declaration of Wendy J Olson in Support of Motion to Reconsider
• 05/09/2023 Memorandum In Support of Motion to Reconsider

Idaho Judicial Cases of Interest

ETA link

I don't know what to think of this. Pointless I think.

 

[10ofRods]

Did one of those interviews end very very quickly when he asked for a lawyer having declined one?

It's been reported that the "interrogation" in PA lasted 5 minutes, and it's also been reported that it was between 5 and 15 minutes.

Is it possible that there's only a notation of them going into an interview room? And possibly only one or two sentences were recorded?

Maybe the Defense thinks there's more than that, but there isn't? It must be difficult to deal with a faraway PD. I still think it's possible both sides have no written records - but it's also possible that LE in Idaho have personally had conversations with LE in PA about whatever it was that was said in this brief interview. If so, the Defense would find out from the Moscow PD notes on that, but then, of course, want to see what PA has (if anything) regarding this talk.

 

[U.N. Known]

Possibly withholding. Why would the Prosecution withhold (not sure I understand the logic)?

IMO, bureaucracy accounts for most of the delay in discovery though. ID State probably had to request the arrest information, video from PA State. JMO, that could take a couple months. Then, I image ID Prosecution team would want to go over it before sending it over to Defense. It does seem they should have turned it over by now though.

Four months is a long time to wait for the information and IMO, the state will be eagerly attempting to get the same info if they have not received it. There are believable reasons why they may not have received some information; however, I cannot conceive of any that would explain why they do not have documents from Moscow PD. As I mentioned in another post, the state would have or would have requested as much information as possible from Moscow before deciding to make their case against BK.

 

[PrairieWind]

Well, I would think so. However, I can see how the defense might interpret any exchange of words between Payne and BK to be "interrogation."

I was just going to ask @PrairieWind to weigh in.

If a person has been read their Miranda rights and is under arrest, and they speak to someone, that information can be used against them, right? Even if it was spontaneous speech?

It's possible that BK remembers speaking to Payne and remembers what he said and is concerned that Payne will remember it too. I don't know how that works. I would assume that Payne will be called as a witness at the Prelim, and the defense might not want to ask him certain questions without knowing what he'll say?

How does that work? Det. Payne's testimony is not evidence; but notes or knowledge of an "interrogation" must surely be evidence?

It just seems unlikely to me that Det Payne would have done a formal interrogation (without AT or another of her team present, in Idaho.

IMO.

They would want to know when BK was mirandized. What was asked/answered before then? What questioning continued after the Miranda? When did he ask for an attorney? What questioning continued after he asked? This certainly should be available, so I am unclear why it has not been produced.

 

[U.N. Known]

I don't know what to think of this. Pointless I think.

As a law lay person, I find the news coalitions' reasons that the gag order is harmful, to be fairly inconsequential The judge may find that the legal aspects of the case RE, freedom of the press, to be true, none of their stated reasons is truly causing harm to the public.

The attorney who wrote the in Declaration in Support may as well have said of the coalition, "Without anyone giving their opinions on the case since you issued the gag order, we're losing money from clicks and ad sales." My favorite reason she says the media is affected by the order is the Idaho Statesman's inability to find out the size of BK's cell, the size of the Moscow jail and the nature of BK's meals.

 

[Cool Cats]

Did one of those interviews end very very quickly when he asked for a lawyer having declined one?

Bryan Kohberger stopped police interview after question about Idaho murders

His attorney says Kohberger expects to be "exonerated" of all charges against him.

www.newsweek.com

According to a report published by Law & Crime—a legal affairs website—Kohberger initially waived his right to counsel following his arrest in a rural Pennsylvania town.

Kohberger initially spoke with law enforcement between five and 15 minutes at the Pennsylvania State Police barracks following his early morning arrest.

According to chief public defender Jason LaBar, Kohberger's Pennsylvania attorney, after BK was asked a question about the murders, he requested an attorney.

"Mr. Kohberger has been accused of very serious crimes, but the American justice system cloaks him in a veil of innocence," chief public defender Jason LaBar wrote in a statement after his arrest. "He should be presumed innocent until proven otherwise—not tried in the court of public opinion."

"Mr. Kohberger is eager to be exonerated of these charges and looks forward to resolving these matters as promptly as possible," he added.

Moscow Police Department Captain Anthony Dahlinger told the AP:
"We believe we've got our man."

 

[PrairieWind]

As a law lay person, I find the news coalitions' reasons that the gag order is harmful, to be fairly inconsequential The judge may find that the legal aspects of the case RE, freedom of the press, to be true, none of their stated reasons is truly causing harm to the public.

The attorney who wrote the in Declaration in Support may as well have said of the coalition, "Without anyone giving their opinions on the case since you issued the gag order, we're losing money from clicks and ad sales." My favorite reason she says the media is affected by the order is the Idaho Statesman's inability to find out the size of BK's cell, the size of the Moscow jail and the nature of BK's meals.

It is funny that they complain about "with each passing day..... causes irreparable harm." Without addressing the fact that months were lost because they initially brought their action in the wrong court.

 

[kittythehare]

Bryan Kohberger stopped police interview after question about Idaho murders

His attorney says Kohberger expects to be "exonerated" of all charges against him.

www.newsweek.com

According to a report published by Law & Crime—a legal affairs website—Kohberger initially waived his right to counsel following his arrest in a rural Pennsylvania town.

Kohberger initially spoke with law enforcement between five and 15 minutes at the Pennsylvania State Police barracks following his early morning arrest.

According to chief public defender Jason LaBar, Kohberger's Pennsylvania attorney, after BK was asked a question about the murders, he requested an attorney.

"Mr. Kohberger has been accused of very serious crimes, but the American justice system cloaks him in a veil of innocence," chief public defender Jason LaBar wrote in a statement after his arrest. "He should be presumed innocent until proven otherwise—not tried in the court of public opinion."

"Mr. Kohberger is eager to be exonerated of these charges and looks forward to resolving these matters as promptly as possible," he added.

Moscow Police Department Captain Anthony Dahlinger told the AP:
"We believe we've got our man."

My imagination is making funny movies about how that might have gone down.
Here's your Miranda, Brian,
A. Thanks don't need it. Weather is great isn't it.?

Q yes Brian it is very good for this time of year, you can even sneak around at night dropping parcels in neighbours' dustbins while wearing shorts.
A. oh yes, I run a secret clean streets programme, it's my way of giving back to society. I'm in College, you know?
QYeah, We know. Just here to talk about the Idaho massacre because we believe you have information about it that you wouldn't mind sharing? Smile.
A
LAWYER, LAWYERLAWYER, LAWYERLAWYERLAWYER..

Just my imaginings not based upon fact, more like irritation.

 

[jepop]

Since BK went silent and requested an attorney back in PA, isn’t it extremely unlikely that Det. Payne interrogated him in Idaho?

You know it might just be a matter of wording in the defense's motion to compel too. ie Defense says Payne "interrogated" but it may be a case of Payne briefly speaking to him before he invoked his rights. This is how it was reported by BK's temp attorney, Labar, in PA when interviewed back then; that police spoke briefly to BK just after his arrest before he invoked his rights. Although Payne in particular is not mentioned in those interviews. These were sourced earlier in thread or late last thread. MOO. I don't think Payne interrogated BK in Idaho because by the time BK arrived there he was already in the care of AT and the Idaho PD. If he had been interrogated by Payne in Idaho then his PD legal counsel would have been present, IMO. MOO