4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #93

[Sundog]

Not everyone who goes out in the middle of the night to watch meteor showers several times a year, even in the cold of winter, takes photographs. We go out to watch them but don't take pictures, just enjoy them with the naked eye.

Not saying that BK did this, just saying that not everyone takes photographs of the night sky, some of us are out there to enjoy seeing them, no need to photograph them.

 

[Boxer]

Not everyone who goes out in the middle of the night to watch meteor showers several times a year, even in the cold of winter, takes photographs. We go out to watch them but don't take pictures, just enjoy them with the naked eye.

Not saying that BK did this, just saying that not everyone takes photographs of the night sky, some of us are out there to enjoy seeing them, no need to photograph them.

MOO BKs reason gives for being out at the time of the murders is is irrelevant for me.
The D is going depend on AT's expert Sy Ray introducing doubt of accuracy using his cell location formula to try to put BK somewhere else than Moscow.

The goal is to introduce doubt and provide a benign story.
Sy Ray's Trax(old name Vertx) has had trouble in many states as being valid, but is still used by LE in other cases. The jurors will need to choose which cell report information to incorporate in their decision making.

 

[mickey2942]

Sounds like BK's defense is spending lots of money. Is there any sort of budget? I am assuming that BK's defense is being paid for by taxpayers, so, is the defense budget unlimited? Sure sounds like it.

 

[Cool Cats]

The cost of the investigation into the University of Idaho student homicides that led to defendant Bryan Kohberger, and legal and jail costs as he awaits trial, has already reached millions of dollars in taxpayer money.

Sounds like BK's defense is spending lots of money. Is there any sort of budget? I am assuming that BK's defense is being paid for by taxpayers, so, is the defense budget unlimited? Sure sounds like it.

https://www.idahostatesman.com/news/local/crime/article287365665.html

UPDATED APRIL 18, 2024 1:12 PM

Judge Judge:
“If we have to have hearings on every single thing, we’ve got a long ways to go,” he said. “And it’s a lot of time, it’s a lot of work, it’s a lot of money, and it just makes everything more difficult.”

Idaho State Police
$347K

Moscow Police
$140K

Latah County
$1.5M

University of Idaho
$1.6M

 

[mickey2942]

The cost of the investigation into the University of Idaho student homicides that led to defendant Bryan Kohberger, and legal and jail costs as he awaits trial, has already reached millions of dollars in taxpayer money.

https://www.idahostatesman.com/news/local/crime/article287365665.html

UPDATED APRIL 18, 2024 1:12 PM

Judge Judge:
“If we have to have hearings on every single thing, we’ve got a long ways to go,” he said. “And it’s a lot of time, it’s a lot of work, it’s a lot of money, and it just makes everything more difficult.”

Idaho State Police
$347K

Moscow Police
$140K

Latah County
$1.5M

University of Idaho
$1.6M

From your link...

"However, through last week, Kohberger’s defense has spent almost $1.4 million, according to Latah County budget."

And, according to the article, there is no limit. That is crazy.

 

[Cool Cats]

From your link...

"However, through last week, Kohberger’s defense has spent almost $1.4 million, according to Latah County budget."

And, according to the article, there is no limit. That is crazy.

There were limits with Chad Daybell's lawyer getting paid - getting reimbersed- and having to use some of his own money. And Chad's trial is an Idaho DP trial same as BK's.

I have never seen a DP indigent defendant get so much coddling by the state and defense, unlimited funds even several outfits where other defendants have just one or 2 outfits.

Judge is allowing the defense to string the motions along as if the defense is in charge and not the judge. I am loosing respect for the judge who cowers to the defense, embarrassing. Is he not experienced doing DP cases? So afraid to slip up?

These small towns are not very savy...took forever just to decide on the King Rd house. Now they cry about the trial affecting student traffic....too bad...have the darn trial when your ready.

2 Cents

 

[NCWatcher]

There were limits with Chad Daybell's lawyer getting paid - getting reimbersed- and having to use some of his own money. And Chad's trial is an Idaho DP trial same as BK's.

I have never seen a DP indigent defendant get so much coddling by the state and defense, unlimited funds even several outfits where other defendants have just one or 2 outfits.

Judge is allowing the defense to string the motions along as if the defense is in charge and not the judge. I am loosing respect for the judge who cowers to the defense, embarrassing. Is he not experienced doing DP cases? So afraid to slip up?

These small towns are not very savy...took forever just to decide on the King Rd house. Now they cry about the trial affecting student traffic....too bad...have the darn trial when your ready.

2 Cents

BBM

Personally I don't see the judge's actions as coddling and certainly not as cowering. A trial that can result in the government putting someone to death is a pretty big deal. And a judicial "slip up" would be a huge deal.

I agree a lot of money is being spent. DP trials always take longer and always cost a lot more. Per the link you posted above about costs, on the average a DP trial costs at least a million dollars more than a LWOP case. And appeals are more costly and time-consuming than appeals in other kinds of cases. That's one of many arguments against the DP, of course.

Regardless, it's very unlikely ANY judge could be "experienced" with DP trials. It's relatively rare for the State to seek the DP. In Idaho there are only 8 people on death row. The last execution was in 2012. Some who are on death row were convicted back in the 1980's when this judge was probably just starting law school..

Who is on Idaho's death row?

There are currently eight people on Idaho’s death row. The state last executed someone in 2012, when Richard Leavitt was put to death by lethal injection.

www.ktvb.com

JJJ has been a judge only since 2018. In a bit less than 6 years as a judge he can't have had much experience with DP trials but neither can other judges given how rare DP cases are. IMO better he be cautious though regardless of his experience level.

Latah Magistrate John Judge appointed to District Court bench

Formerly a magistrate, John Judge will take over the Latah County 2nd District court bench.

www.lmtribune.com

MOO

 

[Balthazar]

During the last hearing, JJJ said: "when this case gets to trial, if it gets to trial".
That may have been a casual comment implying the pretrial phase is taking forever, but it stuck with me. Why would the judge say this?
For those of you who've watched the hearing, I'm curious, what was your take on it? Just a sarcastic comment or hinting at something else?

This next hearing is with 2 DNA experts for the defense and they are also going to have a hearing requesting that the defense investigator be allowed to view the IGG information. IMO, the 2 DNA experts for the defense have discovered one or more discrepancies.

On the other hand, IMO...it is extremely bizarre that the prosecution does not seem to have in their possession ALL of the evidence that was used to support PCA Exhibit A. How can this be? I've never seen a situation like this in court. This SHOULD be the EASIEST evidence for the prosecution to proffer AND defense SHOULD have had this evidence back in 2023. BUT they don't and BT is indicating he doesn't have it and insinuating the FBI does. So I'm very puzzled. The FBI does not normally get involved in murder cases unless there is RICO evidence. RICO DOES NOT APPEAR to be the situation in this case. Yet BT keeps saying the FBI has the evidence and now he claims he's filling out Toughy requests. But why didn't BT KNOW to fill out Toughy Requests when he originally requested the evidence which is normal for any evidence request to the FBI? For Heaven's sake, he has been an attorney for decades. 100% of information from the FBI requires a Toughy Request 100% of the time and it's been like that for decades. What is the explanation for this? I'm very perplexed.

RICO

This primer provides a general overview of the statutes, sentencing guidelines, and case law regarding the Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the “RICO Act” or simply “RICO.”

www.ussc.gov

So back to JJJ's comment - prosecutors are usually loathe to release a defendant even in the face of exonerating evidence. However a judge may choose to dismiss a case for lack of evidence. Could that happen here? I must admit, with the very mixed-up PCA, the missing evidence and BT not being able to give the defense the documentation to support the PCA, I'm starting to wonder and I think the judge may also be starting to wonder.

"Now we wait to see if there are photos and/or witnesses that prove he was doing this activity that night during the critical timeframe - 4am to 4:20am."


If BK had photos that he took of the meteor showers between 4 to 4:20 am, from Wawawai Park, he wouldn't have taken 2 years to say so. And he wouldn't have been incarcerated all this time. JMO

When and where would he have said so? BK has been under indictment since 2022 and the prosecutor canceled the preliminary hearing by going with a Grand Jury leaving BK NO OPTION to proffer his alibi.

 

[Boxer]

This next hearing is with 2 DNA experts for the defense and they are also going to have a hearing requesting that the defense investigator be allowed to view the IGG information. IMO, the 2 DNA experts for the defense have discovered one or more discrepancies.

On the other hand, IMO...it is extremely bizarre that the prosecution does not seem to have in their possession ALL of the evidence that was used to support PCA Exhibit A. How can this be? I've never seen a situation like this in court. This SHOULD be the EASIEST evidence for the prosecution to proffer AND defense SHOULD have had this evidence back in 2023. BUT they don't and BT is indicating he doesn't have it and insinuating the FBI does. So I'm very puzzled. The FBI does not normally get involved in murder cases unless there is RICO evidence. RICO DOES NOT APPEAR to be the situation in this case. Yet BT keeps saying the FBI has the evidence and now he claims he's filling out Toughy requests. But why didn't BT KNOW to fill out Toughy Requests when he originally requested the evidence which is normal for any evidence request to the FBI? For Heaven's sake, he has been an attorney for decades. 100% of information from the FBI requires a Toughy Request 100% of the time and it's been like that for decades. What is the explanation for this? I'm very perplexed.

RICO

This primer provides a general overview of the statutes, sentencing guidelines, and case law regarding the Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the “RICO Act” or simply “RICO.”

www.ussc.gov

So back to JJJ's comment - prosecutors are usually loathe to release a defendant even in the face of exonerating evidence. However a judge may choose to dismiss a case for lack of evidence. Could that happen here? I must admit, with the very mixed-up PCA, the missing evidence and BT not being able to give the defense the documentation to support the PCA, I'm starting to wonder and I think the judge may also be starting to wonder.


When and where would he have said so? BK has been under indictment since 2022 and the prosecutor canceled the preliminary hearing by going with a Grand Jury leaving BK NO OPTION to proffer his alibi.

Local law enforcement accesses the DNA report by an app interface, they are not in posssession of the machine language data only the results. The data is in the lab computer.

However there is no challenge to the buccal swab from PA matching the crime scene sheath, it's BKs DNA.

 

[Balthazar]

Local law enforcement accesses the DNA report by an app interface, they are not in posssession of the machine language data only the results. The data is in the lab computer.

However there is no challenge to the buccal swab from PA matching the crime scene sheath, it's BKs DNA.

Do we have any proof this was a complete DNA profile?

 

[Boxer]

Do we have any proof this was a complete DNA profile?

A buccal swab is a complete sample. The sample from the sheath is a full profile, they are a match, so yes.

 

[Balthazar]

A buccal swab is a complete sample. The sample from the sheath is a full profile, they are a match, so yes.

Where does it say the sample from the sheath was a complete profile? Do we have any document that proves it or BT saying it is a complete profile in court? Because if we don't have either discovery that says it is a complete profile or BT saying the DNA from the sheath is a complete profile, then there's no way to know at this time and we should not be assuming it is a complete profile.

 

[Boxer]

Where does it say the sample from the sheath was a complete profile? Do we have any document that proves it or BT saying it is a complete profile?

"Profile" is a term that means a complete profile.
When it is not complete (see below) it is called a "Partial Profile"


Partial Profiles: In cases where samples have very low quantities of DNA, are exposed to extreme environmental conditions or are not properly preserved, it may be difficult to obtain a full DNA profile and the test may only yield a partial profile.

https://www.forensicsciencesimplified.org/dna/DNA.pdf

 

[maskedwoman]

IMHO, BK will want to take the stand, but I suspect that if he does it will be against his legal team's strong advice. Aside from what he would say, how he would say it and how he would react to the prosecution team questioning him would be a large concern. As with any defendant, it's not too hard to present themselves in a positive light when they are sitting quietly listening to the trial...it's another thing when it comes to how a defendant will respond to questioning.

Good morning All, I've been on vacation and am catching up. I would LOVE for BK to insist on testifying. I think he's arrogant enough to think he can make it work, but he's probably also smart enough to know better. My entirely selfish reason for wanting him to testify is I would love to see him questioned by a female member of the prosecution team. I think the jury would see the BK we know about in all his glory.

 

[maskedwoman]

<snipped>

AT is arguing that "Brian has a right for the public to know..."

Does he?

He has a right to a trial before a jury of his peers....

This isn't that.

That comment by AT really blew my mind. BK doesn't have the right for the public to know anything. I found her comment particularly bizarre because of her earlier agreement that almost everything should be under seal and gagged to protect his right to a fair trial.

 

[jepop]

That comment by AT really blew my mind. BK doesn't have the right for the public to know anything. I found her comment particularly bizarre because of her earlier agreement that almost everything should be under seal and gagged to protect his right to a fair trial.

She wants to try and discredit the prosecution publicly prior to trial imo.

 

[maskedwoman]

She wants to try and discredit the prosecution publicly prior to trial imo.

I'm sure you're right. But, she can't both request a change of venue because the jury pool is poisoned against him due to all the publicity AND add to the noise pollution by disseminating things to the public that benefit her client.

 

[jepop]

I'm sure you're right. But, she can't both request a change of venue because the jury pool is poisoned against him due to all the publicity AND add to the noise pollution by disseminating things to the public that benefit her client.

oh I'm right with you on that. Her declarations in hearings that BK 'is innocent your honour' making sure it comes across as her personal belief have me thinking similar thoughts (there is no purpose to repeatedly saying this to judge other than to disseminate to the public what is not allowed outside the courtroom). Moo

 

[Chloegirl]

In honor of the victims, I am contemplating reading Salman Rushdie's new book, Knife. In the sample on Audible he describes what led up to the attack and the incident itself, dedicating his book to the people that saved his life.

I am in awe of his temperament and courageous spirit. In honor of these victims, Maddie, Kaylee, Xana & Ethan, I will read it to learn whatever possible.

No one should have to survive or lose their life to such a heinous crime. Attacking another like this is unthinkable.

My empathy for the families will deepen by attempting to understand what one would go through. I, for one, (although I would fight back) do not think I would want to survive such a brutal attack. Stabbing someone for your perceptions, not even in close understanding of who they are, is unfathomable.

We are not at war. We do not believe that they knew their attacker. These facts make the entire situation inexplicable.

If you listen to this recent interview on NPR, setting aside politics, he talks about feeling disappointed in his reactions. He thought he was hit, he never saw the knife. It's interesting to consider.

JMOO

He talks in the chapter about his attacker or what he calls "a", the concept of interviewing him and asking why, or writing from trying to understand that perspective. He has given it much thought.

 

[Megnut]

oh I'm right with you on that. Her declarations in hearings that BK 'is innocent your honour' making sure it comes across as her personal belief have me thinking similar thoughts (there is no purpose to repeatedly saying this to judge other than to disseminate to the public what is not allowed outside the courtroom). Moo

Exactly. Already, how many times have we heard that the State is withholding unspliced video and CCTV audio?

The State has said and the judge has, as well, that it's yet to be determined if what AT asks for even exists. Saying so doesn't make it so.

Same with IGG. No doubt it comes back to LE as a report.A conclusion. Not unlike a traditional DNA analysis report. It provides a conclusion. Always in the form of a ratio, here in the octillions (more people than there are, more people total than there have been over all time, and until there are that many people, you aren't going to see even one person's whose DNA mirrors BK's).

IMI AT is purposefully demanding data the State doesn't have. The FBI doesn't have it. IGG has it but not in a manageable, readable format and not something they publish for proprietary, privacy abd protection purposes.

Software compared DNA data points with thousands, tens of thousands, maybe more known samples of DNA, discarding distance matches while circling closer to closer matches. Degrees of kingship. How in Heaven's name, would the IGG people provide all the identities of the people whose DNA assisted in the mechanical discovery of the closest match? The submitted sample was matched against every sample!

The real question, if there is one, the fair question is how trustworthy is the science. I wouldn't mind the judge sifting through all the chaff and asking if they'd a way to authenticate the IGG results. Which is the very thing AT never wants voiced. Why? Because they authentication isn't in how IGG works but rather the fact that LE now has both the DNA from the sheath and DNA from BK and that's a match (expressed in odds of occuring -- octillions).

IGG wasn't wrong.

It's a tool in LE's bag.

And AT is being a tool.

Can't blame her for trying. It's all she's got.

She pounds any harder though, she's going to break the table.

JMO