ID - 4 Univ of Idaho Students Murdered - Bryan Kohberger Arrested - Moscow # 70

[jepop]

I do wonder if there is a misunderstanding somewhere about the POA. Apparently POA's are only financial in Idaho. Anything related to healthcare decisions is called a "Living Will and Durable Power of Attorney for Health Care." I know some states separate living wills from the healthcare POA but apparently Idaho does not.

Idaho Power of Attorney Laws

What Health Care Directives Are Called in Your State
JMO

Thanks for posting these sources on the thread. Much appreciated.

 

[ktm44]

Makes sense to me. I think it's very possible no connection between CN and XK was made early on. And while it would be "cleaner" had the last assignment to CN not been made, I'm not sure CN would feel much better. I got the feeling the majority of interactions with the attorney preceded the latest case anyway. So her feeling of broken trust might very well be the same. And IF there's no actual factual legal conflict, then the latest assignment and reassignment doesn't matter in that sense.
JMO

There are some dots that aren't connecting for me. I would think that if a lawyer terminates a relationship, there would be a solid paper trail, especially in something this high profile so I'm quite confused as to how CN would have only been made aware of events through social media.

I'm certainly not saying that mistakes don't happen but I would think there would have been extra care taken with this one.

 

[maskedwoman]

That would be my only concern, too, if there truly is a conflict of interest. I don't think there is simply because I believe no one would have allowed this to happen if it was against the law here in Idaho. I think the media (and social media especially) is behaving like this is a BOMB SHELL discovery and that the attorneys involved (both the prosecution and defense) are trying to pull a fast one. No way! And I do not think the attorneys involved owe the public an explanation simply because we do not understand the law. MOO.

I agree! My only concern is that it gives him an avenue for appeal if he is convicted and I don't see a way around that whether she was OK with AT representing him or not. He may not win such an appeal, but that doesn't mean he would not try. MOOoooo

 

[Sundog]

<modsnip> No, CN does not have to give any interviews. And yet, I sense ethical issues even beyond the public defender issue.

We have only heard one side of the story so I am not prepared to make that assumption at this point. I do hope that a victim's advocate from the prosecution's office can reach out to CN to offer her any support they can. And also that she connects with her new public defender to address her concerns about a power of attorney issue with their office.

 

[Moriarty]

I would think that if a lawyer terminates a relationship, there would be a solid paper trail

Snipped by me...

I guess that depends on if CN's relationship is with AT or with the office of the Public Defense Commission. I'm not sure how it works in Idaho, but here in Canada, Legal Aid has a roster of "public defenders," and they can switch out on a given file several times. If one is not available at some point during the process, another can be assigned. The relationship itself remains the same between the client and the office.

Again, it may be different there, and perhaps the client contracts with the specific defender. And we just don't know everything that has happened...maybe the Public Defense Commission sent a letter notifying of new legal counsel; maybe they tried to call and CN did not answer...who knows.

My only concern is that it gives him an avenue for appeal if he is convicted and I don't see a way around that whether she was OK with AT representing him or not. He may not win such an appeal, but that doesn't mean he would not try.

You may be right. In fact, if BK is found guilty, he will most definitely appeal no matter what sort of counsel he received! It's almost the default next step. However, like you say, it does not mean that appeal will be successful, or even be accepted. He would have to show WHY this relationship led to him not receiving fair representation during the trial...why AT did not call certain witnesses or present a certain case narrative, etc. It's not enough for him to just say, "It wasn't fair." IMO, if anything, having AT as legal counsel might give an advantage in the other direction, by having knowledge of XK's personal life they might not normally have. But that seems a stretch to me too, really. CN's criminal charges are a matter of public record.

 

[WingsOverTX]

There are some dots that aren't connecting for me. I would think that if a lawyer terminates a relationship, there would be a solid paper trail, especially in something this high profile so I'm quite confused as to how CN would have only been made aware of events through social media.

I'm certainly not saying that mistakes don't happen but I would think there would have been extra care taken with this one.

Just jumping off your post to say:

The main issue in BK's overall representation is whether the prosecution will pursue the death penalty or LWOP. AT is the public defender closest to Latah County who is DP certified. There are others in ID but it would create a hardship to bring one to the current trial venue or move the trial to another venue.

The media may be stirring the pot by interviewing affected parties such as CN but the media did not create the potential conflict of interest (COI). I believe that COI was created when AT - who as chief public defender in Kootenai County, assigns all of the PDs there - assigned herself to defend BK.

Even if BK does not end up needing a DP-certified PD, AT is the wrong person for this job due to her history of victim representation in my view.

MY OPINION ONLY
IANAL

 

[Sundog]

Does anyone have any idea what sort of POA she might be referring to? In my experience POAs are generally financially related as opposed to making health decisions.

<snipped for focus>

POA can be given for health, financial, or real estate/property issues.

Here is a link to a legal practice that focuses on Elder Law in Florida, and information on an attorney acting as a client's agent for POA in any of these three areas.

Should Someone Outside the Family Serve as Your Power of Attorney?

Are there benefits to granting power of attorney to a neutral third party? Find out if it might be a good idea to appoint a Florida elder lawyer as your agent.

www.dhclaw.com

 

[MistyWaters]

Now I‘m wondering if CK isn’t confusing something she signed with the public defender‘s office agreeing for an attorney to act on her behalf with a POA. Also why wasn’t she asked WHEN she last spoke to AT or IF she had spoken to her at all?

BBM
<modsnip - not an approved source>

 

[gliving]

Taylor could be removed from the case in a number of ways, according to the experts.

Cara Kernodle could "file a motion to disqualify Taylor from representing Kohberger. The prosecution can file that same motion, or the judge can raise the motion 'sua sponte' on its own accord," Neama Rahmani, an attorney and former federal prosecutor, told Newsweek.

"Sua sponte" refers to actions taken by a court without the prompting of either party in a case.

"The judge will then decide whether Taylor has confidential information about Kernodle related to the case," Rahmani said. "If so, that would constitute an actual conflict and Taylor won't be permitted to represent Kohberger going forward."

Rahmani said that even if Cara Kernodle does not seek to disqualify Taylor, there "is still a potential conflict of interest with respect to Kohberger."

How Bryan Kohberger could lose his lawyer

Kohberger's attorney's office has defended the mother of one of his alleged victims in four cases and legal experts say this raises questions about a conflict of interest.

www.newsweek.com

(much more at link)

 

[Dotta]

Taylor could be removed from the case in a number of ways, according to the experts.

Cara Kernodle could "file a motion to disqualify Taylor from representing Kohberger. The prosecution can file that same motion, or the judge can raise the motion 'sua sponte' on its own accord," Neama Rahmani, an attorney and former federal prosecutor, told Newsweek.

"Sua sponte" refers to actions taken by a court without the prompting of either party in a case.

"The judge will then decide whether Taylor has confidential information about Kernodle related to the case," Rahmani said. "If so, that would constitute an actual conflict and Taylor won't be permitted to represent Kohberger going forward."

Rahmani said that even if Cara Kernodle does not seek to disqualify Taylor, there "is still a potential conflict of interest with respect to Kohberger."

How Bryan Kohberger could lose his lawyer

Kohberger's attorney's office has defended the mother of one of his alleged victims in four cases and legal experts say this raises questions about a conflict of interest.

www.newsweek.com

(much more at link)

I have an uneasy feeling about all this

I hope BK will not take advantage of it in the future.

JMO

 

[jepop]

Perhaps whomever was/is responsible for assigning counsel to clients, did not realize at the time, that Kernodles mother was related to one of the murder victims, as it seems the mother goes by a different name?

ETA: Also, at the time of the assignment of counsel to CN's case, was there an accused yet in the murder case? And if this lawyer had already been acting for the mother on other cases in the past, it may only have made sense to the person assigning counsel to clients, that the same counsel would continue with same client?:

snipped

BBM: Good points regarding Mrs. N (Mother of XK) going under another name. Not sure if an official name of the client is needed for case rep (probably IMO) but I also don't know if MRS N (CN) is legal name or perhaps simply a name that she uses. News Nation uses CK, but that may just be for the purpose of identifying her for readers. MOO

And you are right, IMO, if what I am reading is correct (News Nation): The accused was not the accused at the time Anne T was designated to act for MRs N in the latest matter. I agree it would have made sense to assign AT to Mrs N at that time if she had repped her in similar matters in the past. MOO

BBM
"Since Taylor took over the public defender's office in 2017, her office has defended the parent in four cases, the Idaho Statesman reported.
NewsNation reported that in the most recent case, drug charges were filed against Cara Kernodle on November 19—less than a week after the murders took place. Taylor is now listed as an "inactive" attorney in the case."

'Conflict of interest' in Bryan Kohberger case leaves legal experts stunned

Kohberger's attorney previously represented the mother of one of the University of Idaho students he is accused of killing.

www.newsweek.com

 

[Sundog]

I agree! My only concern is that it gives him an avenue for appeal if he is convicted and I don't see a way around that whether she was OK with AT representing him or not. He may not win such an appeal, but that doesn't mean he would not try. MOOoooo

I had that concern as well, but after reading up on Idaho's rules on COI and ethics, it seems to me that the COI issue would have to be related to current conflict of interest, not future conflict of interest. So if BK accepted AT as his attorney now with no concern about conflict of interest, then he would not be able to claim a conflict of interest that might come up in the future (i.e. at some later point in his trial or sentencing). At least that is how I understand it, but IANAL.

That makes sense, because attorneys and their clients are not expected to be able to predict possible future conflicts of interest.

 

[gliving]

A tidbit I found while googling. The Idaho Public Defense Commission has a meeting today at 10am to 2pm. Perhaps the BK/CKN dilemma will be discussed.

Public Defense Commission Meeting

pdc.idaho.gov

FYI: ​

The Mission of the PDC​

The Idaho Public Defense Commission is committed to improving the delivery of trial-level indigent defense services by serving the Counties and Indigent Defense Providers of Idaho. We strive to ensure that the safeguards of the 6th Amendment to the United States Constitution and Article I, Sect. 13 of the State Constitution are met. We will collect data, support compliance with standards, provide training, and administer grants to achieve fair and just representation of the accused. In the words of Thomas Jefferson, “The price of freedom is eternal vigilance.”

 

[Sundog]

Just jumping off your post to say:

I believe that COI was created when AT - who as chief public defender in Kootenai County, assigns all of the PDs there - assigned herself to defend BK.

<snipped for focus>

We don't know if AT assigned herself to BK's case. It may have been a directive by the Court or state board/entity that the Public Defender's Office reports to.

And even if AT did accept the case on her own initiative, she may have had no choice, since she is the only death penalty qualified attorney in the North Idaho region, so this was her responsibility under her contract with the state.

 

[Dotta]

<snipped for focus>

We don't know if AT assigned herself to BK's case. It may have been a directive by the Court or state board/entity that the Public Defender's Office reports to.

And even if AT did accept the case on her own initiative, she may have had no choice, since she is the only death penalty qualified attorney in the North Idaho region, so this was her responsibility under her contract with the state.

But how is it possible that she is the ONLY "death penalty qualified attorney" in this region??

What if she gets ill or something?
Not that I wish her that, of course.

JMO

 

[technicallymissing]

I have an uneasy feeling about all this

I hope BK will not take advantage of it in the future.

JMO

I think/hope him being able to do so is still a long shot, not that he wouldn’t try. It would be a real shame though especially after the solid work from Moscow PD in apprehending BK so swiftly and skillfully if he was able to wriggle away from justice being served based on something like this.

 

[ExpectingUnicorns]

THANK YOU! So well said. I agree 100%.

ETA - I kind of expected this to happen because there is such a strict gag order in place for this case. Everyone is going bonkers and treating every little tidbit of information like juicy gossip and just running with it. It's kind of sad.

If this is the result of issuing the gag order - it sounds like a chicken and egg situation, doesn't it?

 

[Arkay]

I do agree with the several posts here that weigh in on the side of AT being appointed, and not that she just merrily tossed a smaller case for a case that will make her reputation.

Except--- this is a nationally and internationally public case. IMO, the switching sides aspect, (to us laypeople), is poor optics, or doesn't pass the smell test, or whatever cliché applies.

I have to always remind myself that Moscow is a small town, that Idaho is not a populous state, and that there may not be other options for BK's representation. I've always lived in NYC where there are likely 20 accredited lawyers on each block.

<modsnip - negative speculation of an approved source>

In my own opinion, (with no legal knowledge), I think that if a change of venue could be reasonable for Bryan's defense due to publicity, then another lawyer with no previous entanglements could be brought in from another part of Idaho.

I have no sympathy for Bryan but he has a constitutional right to representation, and Xana's mother has the right to not feel that she was a victim of a bait-and-switch. Whether or not that's actually the situation, she appears to have lost trust now.


All my opinion only.

 

[Sundog]

But how is it possible that she is the ONLY "death penalty qualified attorney" in this region??

What if she gets ill or something?
Not that I wish her that, of course.

JMO

If she was not available due to illness or other reason, then the Public Defenders Office would either bring someone in from elsewhere in Idaho, or contract with a private attorney who is death penalty qualified. There would be options for the Court.

 

[deugirtni]

My huge issue is that AT didn't previously represent CN. She was actively representing her at the time she was assigned to BK's case. I can't see how to justify an attorney leaving a current client to represent her child's accused killer.

It seems that AT represented the mother on at least two cases? And she was appointed to represent the mother only six days after the murders, at which time nothing would've been known about a/any suspect. imo. To me, it seems reasonable that the public defenders office could pull the only DP-qualified lawyer off of a drug possession charge to defend a suspect charged with multiple murders - it is the public defenders office, so shouldn't they use their resources (at the taxpayers' expense) however it is most appropriate? The last thing they'd want is to put an unqualified attorney on BK's case and have it fall apart in the end if claims arise of incompetence, creating a mistrial, or whatever? imo.

Taylor, who is chief of the Kootenai County Public Defender’s Office, was the attorney for [CN] in at least two cases, the outlet reported.

Most recently, she was defending [CN] after the mother was arrested and hit with drug possession charges on Nov. 19, six days after her daughter and three others were killed, allegedly by Taylor’s current client.

Brian Kohberger’s lawyer ‘betrayed’ mother of slain student Xana Kernodle: ‘I trusted her’

The lawyer defending accused killer Brian Kohberger once represented the mother of one of Kohberger’s alleged victims in a switch-up that left the grieving mom feeling betrayed.

nypost.com