4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #84

[arielilane]

THREAD FROM COURT: We're in Latah Co District Court, where #BryanKohberger is appearing in a black suit. He's surrounded by 3 attorneys, and 2 attorneys are sitting at prosecution's table.

Right off the bat, following hearings a couple weeks ago, Judge John Judge clarifies that law enforcement IS still under the gag order in this case; they're considered "agents" of the prosecutors. Judge says he'll be issuing another revised order.

Judge also warning photojournalists in the courtroom to back off & make sure they're recording totality of what's occurring in court, not just focus on Kohberger's face. He warns that's how cameras were banned from Vallow trial

Judge says some issues regarding motions to compel discovery have been taken care of, others have not. Taking up first & second motions to compel. Kohberger's defense attorney says third motion to compel will be taken up on a different day

https://twitter.com/x/status/1673792638204674048

 

[Cindizzi]

https://twitter.com/x/status/1673795030249787398

 

[Cindizzi]

https://twitter.com/x/status/1673795042832699397

 

[arielilane]

Discovery process now being discussed. She's seeking an order that defense receives discovery. Prosecutor hasn't done something wrong, she said. Kohberger's team asks for discovery when they believe it exists.

We have come to an impasse in a few areas, Taylor said. The purpose of discovery is to prevent an unfair trial or a trial by surprise. It protects the defendant's 6th amendment rights. Several things are still needed from PA, such as training records of three specific officers.

https://twitter.com/x/status/1673795254527594496

 

[Cindizzi]

https://twitter.com/x/status/1673795666773172224

 

[arielilane]

"We've asked for several things that we still need." In specific, requesting training records of three police officers. Defense is not asking for records of every officer, just three that have each conducted critical interviews with witnesses in the case, made decisions about the interviews, made decisions about evidence and conducted other investigations. Defense wants records to show their processes. Says that the defense has received similar records for other cases, but is not accessible without the State's cooperation.

https://twitter.com/x/status/1673795604164804608

 

[Counttrarian]

Not that it 'didn't match CODIS'' rather than BK's DNA was not in the CODIS database. That's not surprising, BK had no felony arrest record beforehand. Most of the law abiding, general population will not have their DNA in the CODIS system.

All of this is really a moot point when you consider BK's STR DNA comparison was found at the murder scene, partially underneath a murdered victim.

MOO

"Investigators first submitted DNA from the knife sheath — found facedown on a bed next to the bodies of Mogen and Goncalves, and partially under Mogen's body and the comforter — to the FBI database CODIS, which tracks DNA profiles of people who have been arrested or convicted, according to the filing. When that didn't turn up a match, investigators turned to genetic genealogy,"

Not turning up a match seems equivalent to not matching CODIS.

Imho, It is not a moot point, if it was the FBI and prosecution would gladly provide and unseal all related records and the defense wouldn't have to go in front of the judge to have them turn it all over.

 

[arielilane]

Defense says it's making "extraordinary efforts" to go through discovery. Says this is not a fishing expedition, but real items to investigate this case and prepare an adequate defense. Asking for court intervention to make it happen. Defense listing precedent about discovery.

https://twitter.com/x/status/1673795100202397697

 

[Cindizzi]

https://twitter.com/x/status/1673795240770293761

https://twitter.com/x/status/1673796208840835072

 

[Cindizzi]

https://twitter.com/x/status/1673796835700527104

 

[arielilane]

"These are critical, relevant materials, all of them," Taylor said. Necessary to defend Kohberger. Heightened standard now that death penalty on the table.

https://twitter.com/x/status/1673796811335811072

Now asking for info on FBI forensic examiner who told state what car to look for. Taylor said she doesn't have report yet. This information was heavily relied upon by the state to arrest Kohberger, Taylor said.

https://twitter.com/x/status/1673796577562103809

 

[Cindizzi]

https://twitter.com/x/status/1673796695468146688

https://twitter.com/x/status/1673797109794111488

 

[Cindizzi]

https://twitter.com/x/status/1673797392158838785

 

[arielilane]

State is not willing to give us those training records, Taylor said. The three police officers made critical decisions, and records will help explain the process. Two are ISP officers. Imperative for us to understand how they made decisions.

Taylor said Kohberger's team wants info on FBI investigation and how cellphone records made it into the probable-cause affidavit. She wants an order with a date to get those records.

We do not have those records yet, your honor, Taylor said. Information was used to obtain search warrants. Order from court is needed to get it in more timely manner.

Now asking for info on FBI forensic examiner who told state what car to look for. Taylor said she doesn't have report yet. This information was heavily relied upon by the state to arrest Kohberger, Taylor said.

"These are critical, relevant materials, all of them," Taylor said. Necessary to defend Kohberger. Heightened standard now that death penalty on the table.

PA said office has worked diligently to provide all of the info to defense. We are down to just a few points of disagreement. Training records are not material to the case, according to prosecution.

Several hundred investigators have been involved in this case. Prosecutor doesn't want to open the door for future requests for training records

https://twitter.com/x/status/1673797535650177024

 

[arielilane]

Judge sets a date for the final two motions to compel. That FBI report must be turned over by July 14, unless there is an objection by federal authorities.

https://twitter.com/x/status/1673798038257807360

 

[maskedwoman]

So AT doesn't believe the Prosecution is withholding anything, but she wants the Judge to make them hand things over. That makes me think of a politician who says "let me be clear" and then precedes to be everything BUT clear.

EBM: typo

 

[girlhasnoname]

"We've asked for several things that we still need." In specific, requesting training records of three police officers. Defense is not asking for records of every officer, just three that have each conducted critical interviews with witnesses in the case, made decisions about the interviews, made decisions about evidence and conducted other investigations. Defense wants records to show their processes. Says that the defense has received similar records for other cases, but is not accessible without the State's cooperation.

https://twitter.com/x/status/1673795604164804608

If AT reaches any further her arms are going to be 10 feet long.

MOO

 

[arielilane]

How they do their job is incredibly important, Taylor said.

Ashley Jennings, deputy prosecutor, said most of what Taylor said is pure speculation. Judge noted defense had quite a list.

https://twitter.com/x/status/1673799115602546689

 

[girlhasnoname]

State is not willing to give us those training records, Taylor said. The three police officers made critical decisions, and records will help explain the process. Two are ISP officers. Imperative for us to understand how they made decisions.

Taylor said Kohberger's team wants info on FBI investigation and how cellphone records made it into the probable-cause affidavit. She wants an order with a date to get those records.

We do not have those records yet, your honor, Taylor said. Information was used to obtain search warrants. Order from court is needed to get it in more timely manner.

Now asking for info on FBI forensic examiner who told state what car to look for. Taylor said she doesn't have report yet. This information was heavily relied upon by the state to arrest Kohberger, Taylor said.

"These are critical, relevant materials, all of them," Taylor said. Necessary to defend Kohberger. Heightened standard now that death penalty on the table.

PA said office has worked diligently to provide all of the info to defense. We are down to just a few points of disagreement. Training records are not material to the case, according to prosecution.

Several hundred investigators have been involved in this case. Prosecutor doesn't want to open the door for future requests for training records

https://twitter.com/x/status/1673797535650177024

If these officers are not going to be called as witnesses in the State's case, the Defense has no right to their personnel records IMO.

 

[isabella88]

So, more stalling tactics from AT. No surprises here. I don't like it at all that BK has access to gel for his hair or that he can suddenly wear a suit for that matter. JMO.