4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #92

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Only three executions have occurred since Idaho enacted a new death penalty statute in 1977.
There are 8 people on death row.

Here is how long they have been there....

2017
2004
2004
1996
1993 - only female
1992
1986
1983

Yes I think the prosecution will take the DP off the table if BK offers to plead guilty to all 4 charges and gives some answers for the families.

I think the families would agree to this under the condition they got some answers from him. I don't think pleading guilty is enough, I think the families will want to know how he came to target their children and why he did it.
Sadly, I don't think BK will ever admit his guilt or give any answers to the grieving loved ones. I may be wrong, but I just don't see it happening, it's his arrogance.

I always think of the loved ones left behind and cannot fathom how they get through the unknowns and the process of moving forward without their loved one, especially when it happens in such a bizarre and brutal way.

My heart truly goes out to all the families, loved ones and the entire community. :(

JMO
 
He could explain it to us from his mindset detail-by-detail and it would never make sense. He is mentally askew and his thinking deranged because of it. When you convince yourself that it's a good idea to murder four people that you don't really know and work yourself through the maze of how that's going to work, you've lost touch with reality (even when tethered to it by necessity). I agree he will never accept responsibility. I've seen someone posting elsewhere that he's about to change his plea. I don't buy into that whatsoever.
 
Seems like BK had a lot of enablers in his life. JMO
Looks like his Washington State University professor wasn't one of them.
Sadly, I don't think BK will ever admit his guilt or give any answers to the grieving loved ones. I may be wrong, but I just don't see it happening, it's his arrogance.

I always think of the loved ones left behind and cannot fathom how they get through the unknowns and the process of moving forward without their loved one, especially when it happens in such a bizarre and brutal way.

My heart truly goes out to all the families, loved ones and the entire community. :(

JMO
In a multiple murder case I follow the killer's 2 death penalty certified attorneys leveled with him, telling him that the evidence against him was overwhelming and likely would result in a guilty verdict. They facilitated a plea deal to get the DP off the table.

One of the most important jobs of a DP attorney is to keep their client off of death row. It is 10 X's easier to plead guilty and avoid the DP than it is to try to avoid the DP while actually sitting on death row because 12 jurors unanimously agreed to put you there.

I believe that after Taylor exhausts all her Motions to get the DNA dismissed, on top of the unhelpful alibi, she will level with her client and try to keep him off of death row. I personally only see one way for that to happen with the nature of the crimes and all this evidence that juries favor.

2 Cents
 


[…]

Anne Taylor, Kohberger’s lead public defender, said she has repeatedly pored over law enforcement’s evidence summary to justify his arrest and still wants to know what led police to her client as the suspect.

“The clear picture that I’m concerned about is the state’s pathway of how Bryan Kohberger comes to their attention and is identified,” Taylor told the court at a hearing last month. “Over a year into this case and … we’re not sure. I know different pieces, but I don’t know where they fit together.”

[…]

Tiffany Roy, a longtime forensic DNA expert, said Kohberger’s defense team is perhaps working toward leveraging its recent access to the FBI records to make a constitutional rights claim against illegal searches and seizures under the Fourth Amendment. Prosecutors’ attempts to conceal information about use of IGG to identify a suspect alone should give the public pause, Roy, who also holds a law degree, said in a phone interview with the Statesman.

“I don’t understand the government’s argument here,” Roy said. “You have an obligation to expose every part of your investigation, and then we decide what is important. If the FBI were doing the right thing, they wouldn’t have to make these arguments. Put it all out on the table.”

Prosecutors won’t say which websites FBI used for IGG​

Already, the Kohberger case has broken new ground, according to David Gurney, director of the IGG Center and professor of law and society at Ramapo College of New Jersey. Never before in a case has the defense team received access to this level of IGG records in discovery, he said.

[…]

 
I think @Idaho transplant was talking about a behavioral profile by the FBI's Behavioral Analysis Unit (BAU).

As to if we will learn what that profile entailed, I'm not sure. It may depend on how involved these profilers were, and if they are called as expert witnesses. This is the type of case I would expect that sort of testimony though, as the jury likes to know "why?"

If we don't learn the specifics of the profile (prior to arrest) at trial, then it could turn up in the discovery documents after trial. We'll have to wait and see, but I'm curious myself as to what they thought about this unknown killer beforehand, and what they determined from what they learned about him after.
Thank you MassGuy! Yes, that is what I meant.
 


[…]

Anne Taylor, Kohberger’s lead public defender, said she has repeatedly pored over law enforcement’s evidence summary to justify his arrest and still wants to know what led police to her client as the suspect.

“The clear picture that I’m concerned about is the state’s pathway of how Bryan Kohberger comes to their attention and is identified,” Taylor told the court at a hearing last month. “Over a year into this case and … we’re not sure. I know different pieces, but I don’t know where they fit together.”

[…]

Tiffany Roy, a longtime forensic DNA expert, said Kohberger’s defense team is perhaps working toward leveraging its recent access to the FBI records to make a constitutional rights claim against illegal searches and seizures under the Fourth Amendment. Prosecutors’ attempts to conceal information about use of IGG to identify a suspect alone should give the public pause, Roy, who also holds a law degree, said in a phone interview with the Statesman.

“I don’t understand the government’s argument here,” Roy said. “You have an obligation to expose every part of your investigation, and then we decide what is important. If the FBI were doing the right thing, they wouldn’t have to make these arguments. Put it all out on the table.”

Prosecutors won’t say which websites FBI used for IGG​

Already, the Kohberger case has broken new ground, according to David Gurney, director of the IGG Center and professor of law and society at Ramapo College of New Jersey. Never before in a case has the defense team received access to this level of IGG records in discovery, he said.

[…]

So if some ruling comes down in the future favorable to the defense (highly unlikely) BK gets immunity forever? I can’t imagine a judge says “that’s your DNA on part of the murder weapon and it was extracted independently of IGG but we are going to ban prosecutors from prosecuting again”

Or does LE pretend like they forgot him and use the other evidence in the case to try and discover him again?

Yes. Those are purposely exaggerated because what outcome isn’t?

Does anyone have any article where any legal expert talks about what could possibly resolve this?
 
I’m saying he’s guilty, lol. But no, I don’t see any chance at all he takes a plea. He’s smarter than everyone else, and I’m sure he’s very involved in case preparation. I wouldn’t be surprised if he thinks he can win, and he doesn’t have a lot to lose by not taking a plea, as it would likely take decades to carry out any death sentence, if ever.
People at the far end of the narcissism spectrum love attention. It doesn't matter if it's bad attention or good attention, as thought of by normal people. A good example is Alex Murdaugh, who insisted on going to trial for the murder of his wife and son even after he was exposed as a thief and grifter on a massive scale. He even testified for himself.
 
I think @Idaho transplant was talking about a behavioral profile by the FBI's Behavioral Analysis Unit (BAU).

As to if we will learn what that profile entailed, I'm not sure. It may depend on how involved these profilers were, and if they are called as expert witnesses. This is the type of case I would expect that sort of testimony though, as the jury likes to know "why?"

If we don't learn the specifics of the profile (prior to arrest) at trial, then it could turn up in the discovery documents after trial. We'll have to wait and see, but I'm curious myself as to what they thought about this unknown killer beforehand, and what they determined from what they learned about him after.
If it doesn't come out at trial, I would expect profile information to show up in a book down the line. I, too, am very curious about it.
 


[…]

Anne Taylor, Kohberger’s lead public defender, said she has repeatedly pored over law enforcement’s evidence summary to justify his arrest and still wants to know what led police to her client as the suspect.

“The clear picture that I’m concerned about is the state’s pathway of how Bryan Kohberger comes to their attention and is identified,” Taylor told the court at a hearing last month. “Over a year into this case and … we’re not sure. I know different pieces, but I don’t know where they fit together.”

[…]

Tiffany Roy, a longtime forensic DNA expert, said Kohberger’s defense team is perhaps working toward leveraging its recent access to the FBI records to make a constitutional rights claim against illegal searches and seizures under the Fourth Amendment. Prosecutors’ attempts to conceal information about use of IGG to identify a suspect alone should give the public pause, Roy, who also holds a law degree, said in a phone interview with the Statesman.

“I don’t understand the government’s argument here,” Roy said. “You have an obligation to expose every part of your investigation, and then we decide what is important. If the FBI were doing the right thing, they wouldn’t have to make these arguments. Put it all out on the table.”

Prosecutors won’t say which websites FBI used for IGG​

Already, the Kohberger case has broken new ground, according to David Gurney, director of the IGG Center and professor of law and society at Ramapo College of New Jersey. Never before in a case has the defense team received access to this level of IGG records in discovery, he said.

[…]


If this dude walks because of DNA not being able to be used because of how he was identified, then a severe injustice has been done.
 
The Golden State Killer was arrested in 2018 through the use of genetic genealogy. I do not see any reason why six years down the road they would decide it's an invasion of privacy or a civil rights violation. It's been used countless times since then.

Does anyone know if this practice has been challenged at the level of the U.S. Supreme Court before? Perhaps it is not settled law and is still open to be challenged to set a legal precedent.
 
If it doesn't come out at trial, I would expect profile information to show up in a book down the line. I, too, am very curious about it.
I suspect the books that will be published after the trial is over will provide the fill-in-the-blanks information that the trial won't.

I'm curious about his family life. I hope that his growing up years are covered in detail and that friends/family/neighbors, etc., will provide their views of BK.

His parents seemed to be caring and supportive. When BK and his father were stopped by police on their way home, it was obvious that his father was proud of his son. He made a point of telling the officer that BK was in the PHd program and the day of his first court appearance in PA, his mother was so distraught that one of the daughters had to hold her up. In the nature vs. nurture debate, does that mean that his issues are nature related? Or, is it not quite that simple?

He dealt with vision issues, bullying, obesity, sudden weight loss that put him in the hospital, heroin use, social issues when interacting with others (Aspergers?), becoming a bully himself after the weight loss, living in his parent's home until he left for Washington state, isolation because of COVID and taking classes online instead of experiencing campus life. Do you get the feeling that he was ever a happy child/teenager/adult? Hopefully, the books will shed some light on these questions.
 
Does anyone know if this practice has been challenged at the level of the U.S. Supreme Court before? Perhaps it is not settled law and is still open to be challenged to set a legal precedent.
I think that this is it. LE was accessing databases like it was the Wild West for a while. There were cases where agencies uploaded DNA portraying themselves as the individual, and then getting familial hits and building family trees. Now there are opt-ins and rules, but I think there will be plenty of challenges going forward to address DNA and how information is used. States are not universal in the collection of criminal DNA.
It looked like the affidavit was written in such a way to emphasize that DNA did not first lead them to Kohberger. It ultimately confirmed him as the suspect, but his car, phone records, appearance, and cameras led to him. They expected the challenging of the DNA.
 
I think that this is it. LE was accessing databases like it was the Wild West for a while. There were cases where agencies uploaded DNA portraying themselves as the individual, and then getting familial hits and building family trees. Now there are opt-ins and rules, but I think there will be plenty of challenges going forward to address DNA and how information is used. States are not universal in the collection of criminal DNA.
It looked like the affidavit was written in such a way to emphasize that DNA did not first lead them to Kohberger. It ultimately confirmed him as the suspect, but his car, phone records, appearance, and cameras led to him. They expected the challenging of the DNA.
Seems like the defense doesn’t believe the prosecutions IGG timeline or at the very least wants others to doubt it.

Their June filing hints at that. So does their insistence on obtaining IGG evidence that LE claims doesn’t exist.

MOO
 
He could explain it to us from his mindset detail-by-detail and it would never make sense. He is mentally askew and his thinking deranged because of it. When you convince yourself that it's a good idea to murder four people that you don't really know and work yourself through the maze of how that's going to work, you've lost touch with reality (even when tethered to it by necessity). I agree he will never accept responsibility. I've seen someone posting elsewhere that he's about to change his plea. I don't buy into that whatsoever.

Sadly, I don't think BK will ever admit his guilt or give any answers to the grieving loved ones. I may be wrong, but I just don't see it happening, it's his arrogance.

I always think of the loved ones left behind and cannot fathom how they get through the unknowns and the process of moving forward without their loved one, especially when it happens in such a bizarre and brutal way.

My heart truly goes out to all the families, loved ones and the entire community. :(

JMO

Exactly ! @Chloegirl and @girlhasnoname

This murderer is crosswired in his brain. He may welcome the death penalty.
 
It’s all fluff. She (AT) needs to do this. She is doing the job as any defense attorney ought to be doing -- after all this is a death penalty case. Wouldn’t expect anything less and actually glad for it because it will prevent future appeal(s) once this monster is convicted.

No fear, no worries, justice will prevail. Justice will eventually come for Xana, Madison, Kaylee and Ethan.

Moo, at this time.
 
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