4 Univ of Idaho Students Murdered - Bryan Kohberger Arrested - Moscow # 76

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What is overreach, do you think?

In this case, it seems essential to figure out whether BK had any interactions with victims, to show premeditation. It's a death penalty case. Those records could help - or hurt - him. Probably more likely to hurt him, but that's how it is.

I think it's unfair to criticize the judge for doing his job, myself.
IMO
Good morning! I must not have worded my response very well. :) I was actually trying to say that it must be a valid ruling becuase if a judge became known for over-reach or exaggerations in rulings like that, they would probably find themselves being over-turned by higher courts.
 
Again, will have to pick my jaw off the floor if this happens. Unless the teacher is in violation of the contract, not just parent's objection due to her relative, I have a very hard time seeing this. I just can't imagine the school's position. "Your brother's a bad man, so uh, you're fired." Can you provide a link for such cases please?
The school would have to be run by idiots to let someone go with a statement like that but, to be fair, there are a lot of idiots in some surprising places (IMO). Still, there are ways to get rid of an employee without firing them. Companies eliminate positions. Or they reorg and you end up with a transfer to a position they know you can't/won't take.

I'm suspicious of this information myself. For all we know, the sister might have requested a leave of absence. And who would blame her? MOOooo
 
I think at most the DD driver has a dashcam and may have captured or noticed the white Elantra. At the least he’ll testify in order to help establish the timeline.

LE doing its due diligence to clear all DoorDash drivers who may have been to the house seems like standard procedure to me. Especially when you consider the coincidence of the timing

There are privacy ux patterns that DoorDash uses when drivers are accepting (and not accepting) deliveries that makes all of the DD related conspiracies all but impossible.

MOO
 
DD warrants?
doordash went back to 1.1.2022. that's a heck of a scope imo jmo and when matched up to some of the other dates, I had several theories. These are all based on fitting the facts together, I'm not tied to one theory, it's jmo and icbw.
One potential scenario was that BK was using DD as his cover, may have even tried posing as a driver and 'accidentally' delivering to their address, and potentially someone involved in the case (DM or BF) recognized him after he was IDd by LE and said 'hey, that's a door dash guy"
but
another scenario, based on combinations of other warrants says maybe there was a bigger issue and a DD person was an informant. based on the motions/orders, 'confidential source' is mentioned a number of times and the orders to seal state one reason as (2) The documents contain facts or statements that might threaten the safety of or endanger the life or safety of individuals

but whose life? BK is in jail, 4 people are dead, the 2 surviving roommates' were not involved and their names are known, so whose life?


Door Dash 1.1.2022
Warrant dated 12.6.22
 
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Good morning! I must not have worded my response very well. :) I was actually trying to say that it must be a valid ruling becuase if a judge became known for over-reach or exaggerations in rulings like that, they would probably find themselves being over-turned by higher courts.

I agree that a judge would not be prone to hyperbole or intentionally misleading language, and there does have to be one of the codified reasons for sealing these documents. If we believe what is written and compare it to other cases, there does seem to be a CI whose life could be jeopardized. jmo imo and idk

Idaho Judicial Cases of Interest
So in addition to reviewing all of the redacted ones, I went back through all the ones that just say Order to Seal both warrant and affidavit. I had looked at those when they were first added and noted the different language, and I think there is definitely a CI. Different sealed orders have different language

for example, the first, second, third, fifth, sixth, seventh ones say this:

(I) The documents contain highly intimate facts or statements, the publication of which would be highly objectionable to a reasonable person;

(2) The documents contain facts or statements that might threaten the safety of or endanger the life or safety of individuals; and

(3) Disclosure would constitute an unwarranted invasion of personal privacy.


the fourth ones says this:

(l) The documents contain highly intimate facts or statements, the publication of which would be highly objectionable to a reasonable person; and

(2) Production of such records would disclose investigative techniques and procedures.


the eighth (last) one just says for the reasons stated in the original order, and those reasons are this:

Interfere with enforcement proceedings
Constitute an unwanted invasion of personal privacy,
Disclose the identity of a confidential source; and
Disclose investigative techniques and procedures.
 
March 29, 2023


Prosecutors told the court the information is related to an 'internal affairs investigation' involving the officer and is "potential Brady/Giglio material."

That information has now been handed over to the defense team for Bryan Kohberger. The judge also granted a protective order that prevents the defense from sharing the information and seals the documents from public view.

Brady material refers to the case Brady v. Maryland where the United States Supreme Court held that "there must be a timely disclosure to the defendant of favorable, material information that is known to the government," according to a definition posted by the National Association of Attorneys General (NAAG).
NAAG adds that Brady material includes information that could negate guilt or affect punishment.
"Giglio extends Brady to include the responsibility to disclose information that could impeach a witness, typically a law enforcement officer or an informant," NAAG states on its website.

(BBM)
 
That's a good point. What I don't understand is how BK could be a threat to anyone when he's in jail? I think it's something else. Maybe to do with the "intimate facts" and "invasion of personal privacy"? Or maybe where he got the murder weapon? <moo>
Until he's bound over for trial and convicted (if he is), the Judge has to take precautions to protect all forms of witnesses. People have escaped jail. People have induced others outside the jail to act on their behalf. That's the very nature of criminal justice - we put certain people in jail for alleged criminal actions, as we must.

I think the "personal facts" part is the issue - and that it is a huge issue looming over this case. The victims themselves need protection in all this, but may not receive it, if Justice needs to be served using some of that data. Look at what happened to Suzanne Morphew. It's very sad.

IMO.

So far we haven't seen a Meta Platforms Inc search warrant in BK's name.

Isn't there one for Instagram? I imagine each platform needs a separate warrant, but I'm just guessing.
 
The brady/giglio disclosure makes for great speculation and conspiracy fodder. But IMO it's the prosecutor covering all of their appeal avenue bases in the likelihood they make this a death penalty case.

This could be anything from a DUI, domestic incident, and sure...lying, or anything else that might draw public scrutiny and impeach any involved officer's character . There are as much as 10,000 internal affairs investigations a year, nationwide.

There's a chance the defense has found their Mark Fuhrman. If the IA investigation is for something egregious and they can put him/her on the 3rd floor. But I doubt it. And you'd still have the video and cellular (and whatever else they have) to contend with.

MOO
 
doordash went back to 1.1.2022. that's a heck of a scope imo jmo and when matched up to some of the other dates, I had several theories. These are all based on fitting the facts together, I'm not tied to one theory, it's jmo and icbw.
One potential scenario was that BK was using DD as his cover, may have even tried posing as a driver and 'accidentally' delivering to their address, and potentially someone involved in the case (DM or BF) recognized him after he was IDd by LE and said 'hey, that's a door dash guy"
but
another scenario, based on combinations of other warrants says maybe there was a bigger issue and a DD person was an informant. based on the motions/orders, 'confidential source' is mentioned a number of times and the orders to seal state one reason as (2) The documents contain facts or statements that might threaten the safety of or endanger the life or safety of individuals

but whose life? BK is in jail, 4 people are dead, the 2 surviving roommates' were not involved and their names are known, so whose life?


Door Dash 1.1.2022
Warrant dated 12.6.22
Wow, LE requested Door Dash data going back to January. BK moved there in the summer. I wonder if he had to physically be there beforehand to interview or visit the campus and get the apartment. or he was using DD remotely somehow to stalk them from PA. ETA: It may seem like a stretch, but he has an (edited to delete "degree") academic background in cloud-based forensics according to this article on him applying for an internship with the local police department to assist them in "how to better collect and analyze technological data in public safety operations". jmo
Kohberger applied for a police internship in the fall of 2022, according to court documents
 
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Until he's bound over for trial and convicted (if he is), the Judge has to take precautions to protect all forms of witnesses. People have escaped jail. People have induced others outside the jail to act on their behalf. That's the very nature of criminal justice - we put certain people in jail for alleged criminal actions, as we must.

I think the "personal facts" part is the issue - and that it is a huge issue looming over this case. The victims themselves need protection in all this, but may not receive it, if Justice needs to be served using some of that data. Look at what happened to Suzanne Morphew. It's very sad.

IMO.



Isn't there one for Instagram? I imagine each platform needs a separate warrant, but I'm just guessing.
Seriously. If I was witness to 4 people getting slaughtered or had any valuable information concerning the crimes I'd be sleeping lightly with beefed up security. Regardless of where the suspect was. A lifetime of paranoia awaits. And the longer my name stays out of news headlines the better.

Having any material involvement in this case is literally life changing.
 
Wow, LE requested Door Dash data going back to January. BK moved there in the summer. I wonder if he had to physically be there beforehand to interview or visit the campus and get the apartment. or he was using DD remotely somehow to stalk them from PA. ETA: It may seem like a stretch, but he has a degree in cloud-based forensics according to this article on him applying for an internship with the local police department to assist them in "how to better collect and analyze technological data in public safety operations". jmo
Kohberger applied for a police internship in the fall of 2022, according to court documents

At his graduation from DeSales they announced his two degrees as in psychology and criminal justice; whereas some of the other people walking the line had actual certificates/degrees announced in cloud forensics.

So, I do not regard BK has having a "degree" in cloud forensics, but I can think of two MSM sources that seem to have promoted the idea that he did. I think they heard he applied for that LE internship claiming he knew this stuff - and sure, he might have had one class in the subject, but I'm inclined to go with what the school said at graduation time.

And I trust the Independent here:

//Mr Kohberger continued his studies at DeSales University in Center Valley, PA, where he graduated in 2020 with a bachelor’s degree in psychology and a master’s in criminal justice last year. //


He did a co-terminal psych/CJ program, IMO.
 
he was using DD remotely somehow to stalk them from PA. ETA: It may seem like a stretch, but he has a degree in cloud-based forensics according to this article on him applying for an internship with the local police department to assist them in "how to better collect and analyze technological data in public safety operations".

b&sbm
yet another interesting possibility. I think this whole case is a stretch. imo jmo


Please make this make sense, legal deities, make this make sense! he has a degree in cloud-based forensics, but drives his own car, takes his actual phone, and peels out after a quadruple murder. DD and tinder and other warrants back to 2021. please make this make sense. :)
 
At his graduation from DeSales they announced his two degrees as in psychology and criminal justice; whereas some of the other people walking the line had actual certificates/degrees announced in cloud forensics.

So, I do not regard BK has having a "degree" in cloud forensics, but I can think of two MSM sources that seem to have promoted the idea that he did. I think they heard he applied for that LE internship claiming he knew this stuff - and sure, he might have had one class in the subject, but I'm inclined to go with what the school said at graduation time.

And I trust the Independent here:

//Mr Kohberger continued his studies at DeSales University in Center Valley, PA, where he graduated in 2020 with a bachelor’s degree in psychology and a master’s in criminal justice last year. //


He did a co-terminal psych/CJ program, IMO.
Thanks for pointing that out, 10ofRods, you're right, that was a misstatement in the article I quoted. I edited my post to say "academic background" instead of degree.
 
Sorry if already posted: Pressed for time and couldn’t check:

Brian Entin re KOHBERGER case: Interesting because they are investigating a member of law enforcement who was involved in Kohberger investigation under the Brady-Gigilo act which concerns deception, untruthfulness, criminal activity. Would hate to see Kohberger case affected by this.





View attachment 411837

View attachment 411838
I notice that this is a Notice of Brady Disclosure (top right and bottom of form) even though it says Brady/Gigilo in the
body of the notice by the prosecutor. JMO
 
I wonder if Brady alone has different implications legally?
I am not caught up on the posts, but my initial thought is there was something that was found out that was exculpatory and somehow it was overlooked and not disclosed so they are investigating to make sure the nondisclosure was unintentional. JMO


ETA I am not an attorney.
 
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Bryan Kohberger Trial Twist After Prosecution 'Unforced Error'​

Newsweek
BY KHALEDA RAHMAN ON 3/29/23

"Michael McAuliffe, a former federal prosecutor and elected state attorney, told Newsweek that the disclosure was "an unnecessary and unforced error by the government … but it won't result in a dismissal."
...
A Brady notice, or Brady/Giglio, refers to the duty of prosecutors to disclose potentially exculpatory evidence, under direction from the Supreme Court in Brady v. Maryland.

In Giglio v. United States, this duty was expanded to include evidence that could be used to impeach the credibility of a witness."


Bryan Kohberger trial twist after prosecution 'unforced error'
 
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