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

[jepop]

You're right. There's no other way someone in CN's impossible position would feel. It's understandable that other members of the public feel uncomfortable with this, too.

It would be helpful if the Idaho PD could explain its decisions, but the essential details are client confidences in both BK's case and CN's. The PD staff just has to sit in the dock the media has unfairly created for them, and take the pummeling from an understandably distraught client and lawyers who should know better.

Given the intensity of public feeling in this case, and not trying to be controversial, I feel a little uncomfortable about AT's safety atm. This is probably not a big isssue. I assume she would have maybe a bit of extra security at this time?

 

[Dotta]

Given the intensity of public feeling in this case, and not trying to be controversial, I feel a little uncomfortable about AT's safety atm. This is probably not a big isssue. I assume she would have maybe a bit of extra security at this time?

I wonder how many twists we will hear about until June in this horrible case?

 

[technicallymissing]

If there is a change of venue, the same District Attorney still handles the case. The murder occurred in his county. Change of venue would only affect where the trial is physically held and more importantly where the jury pool is pulled from.

@PrairieWind maybe you can answer- what would it take and what would the process be, were it decided AT having previously defended X’s mother was a conflict of interest, to bring in a different qualified public defender from another county/region? Would it be difficult? It wouldn’t seem like something that happens often (if it’s even allowed to?) but I’m really curious.

 

[happyday]

Im not sure as Im not a lawyer but...

As a public defender the person does not choose/drop clients but is assigned by a boss to cases, no?

The person works where is needed most.

JMO

Oh you might be right. But still, it just looks horrible. I understand the need for a DP qualified attorney, but geez. There has to be a better way. It’s just icky. JMO

 

[CSIDreamer]

It's not about pulling a PD off a drug case to represent someone who could face the death penalty. It's about the information that AT had available to her in the course of defending CN. Whether we want to acknowledge it or not, AT has information about Xana's home life at the time of the murder. Xana is a victim, and AT is currently the opposing counsel. The opposing counsel should not have any insider information, especially gained through AT's job as PD, about a victim. This unfairly favors the defense. Just as BK should be entitled to a fair trial, the victims and their families should have an uninhibited opportunity to secure a conviction. This COI jeopardizes that.

ETA - And the above doesn't even take into consideration that BK can claim that AT didn't represent his best interests because AT was sympathetic to CN and XK.

How does AT have info on Xana's home life at the time of the murders?

 

[formerlyme]

Do death penalty cases automatically get an appeal?

 

[happyday]

My concern, and maybe I'm way off-base with this thought--is that BK could use this to appeal a conviction, by claiming Taylor couldn't adequately represent him because she had a conflict. MOO

My worry too!

 

[Friday Fan]

Do death penalty cases automatically get an appeal?

Yes

 

[Moriarty]

My concern, and maybe I'm way off-base with this thought--is that BK could use this to appeal a conviction, by claiming Taylor couldn't adequately represent him because she had a conflict.

Well, it's possible I suppose, but BK would have to raise this concern in the trial itself and not afterwards, as per State v. Severson, 147 Idaho 694, 215 P.3d 414 (Idaho 2009). And if he does raise it, then there would be a separate inquiry trial to look into COI allegations.

IMO the prosecutor is far more likely to raise this concern than BK. However, I also think there is no real conflict here, and nothing that AT could bring from representing CN in her criminal charges would impact her defense of BK that could not be also raised by any defense lawyer.

 

[CGray123]

@PrairieWind maybe you can answer- what would it take and what would the process be, were it decided AT having previously defended X’s mother was a conflict of interest, to bring in a different qualified public defender from another county/region? Would it be difficult? It wouldn’t seem like something that happens often (if it’s even allowed to?) but I’m really curious.

Attorneys may disagree and if so I hope they weigh in! But here is what I would do if I were the prosecutor.

I would contact Cara Kernodle and inquire as to the content of her conversations with AT. If those conversations create an actual conflict of interest, I would first bring the issue to AT's attention via meeting or phone call. If that didn't resolve the issue to my satisfaction, I would contact the state Public Defender and inform him.

The initial contact with Cara has probably taken place already, shortly after her interview went public. We don't know if any other steps have been taken by any party.

However, as someone has astutely pointed out, the Public Defense Commission is meeting today (right now, probably) and, as usual, there is an executive session to discuss pending litigation and a subsequent open agenda item for any action that ensues from the executive session. We may know today whether AT will be reassigned as BK's attorney. If she is removed from the case, the whole PD's office will probably be removed as well, and the state will have to appoint a qualified private attorney.

If AT does continue to represent BK and the DA believes she should not, he can file a motion to disqualify her. In order to protect the integrity of the prosecution access to the motion, supporting documentation, and any hearing will probably be restricted. But if the judge is persuaded to remove AT as counsel, she will probably say so in that confidential meeting. If BK consents, AT would then withdraw rather than be ordered off the case. If he does not consent, AT will stand her ground and force the court to remove her - creating an issue for BK to raise on appeal if he is convicted.

All MOO (not an attorney)

 

[gliving]

Ms Taylor has represented three parents of the victims. I won't c/p any of the article so just click on link to read.

Bryan Kohberger Public Defender Represented Father and Stepmother of Murder Victim Madison Mogen

Court records obtained by Inside Edition Digital list Anne Taylor as a member of the defense team on closed criminal cases involving Benjamin Mogen and his wife, Korie Hatrock.

www.insideedition.com

 

[pittsburghgirl]

It isn't really about education, but about experience.

Somewhere on the last thread i posted an article about what it takes to be death qualified; the big thing listed is assisting in death penalty cases.

 

[Cassady]

FYI, public defenders and court appointed attorneys conflict out of cases all the time. If they are in an office, then the whole office has a conflict and a conflict attorney is appointed. That appears to be what happened with the victim's mother in this case. Thus, the defendant's current attorney's entire office had a conflict and that is why an attorney outside the office was appointed to the mother's case. Just because the court appoints you to a case does not mean that you get to ignore professional rules of responsibility. If you have a conflict, you conflict out of the case.

Here, there was clearly a conflict. The question is does this conflict still exist with the representation of the current defendant now that the mother of the victim has been appointed a conflict attorney? IMO that depends on the information about the former client that the attorny possesses and is that information something that might aid the current client, even if only to explore defense theories.

IMO it would be better to have this defendant represented by someone who has zero chance of possessing confidential information about one or two of the victims parents and then there is zero potential COI issues lurking in this case...IMO

 

[Dotta]

Ms Taylor has represented three parents of the victims. I won't c/p any of the article so just click on link to read.

Bryan Kohberger Public Defender Represented Father and Stepmother of Murder Victim Madison Mogen

Court records obtained by Inside Edition Digital list Anne Taylor as a member of the defense team on closed criminal cases involving Benjamin Mogen and his wife, Korie Hatrock.

www.insideedition.com

Umm...
"The world is really small" as they say.

JMO

 

[Friday Fan]

Umm...
"The world is really small" as they say.

JMO

Idaho is small! Additionally, the defense attorney practices in the city where the parents were charged. It doesn't surprise me much. Also it's a "low crime" state. Yes, it has it's share of crime, but it doesn't have many murders etc. Hence, that's where we are.

 

[SRWCF]

Ms Taylor has represented three parents of the victims. I won't c/p any of the article so just click on link to read.

Bryan Kohberger Public Defender Represented Father and Stepmother of Murder Victim Madison Mogen

Court records obtained by Inside Edition Digital list Anne Taylor as a member of the defense team on closed criminal cases involving Benjamin Mogen and his wife, Korie Hatrock.

www.insideedition.com

Oh, man! I may have to wave my white flag now. This is too much, even for me.

 

[NCWatcher]

FYI, public defenders and court appointed attorneys conflict out of cases all the time. If they are in an office, then the whole office has a conflict and a conflict attorney is appointed. That appears to be what happened with the victim's mother in this case. Thus, the defendant's current attorney's entire office had a conflict and that is why an attorney outside the office was appointed to the mother's case. Just because the court appoints you to a case does not mean that you get to ignore professional rules of responsibility. If you have a conflict, you conflict out of the case.

Here, there was clearly a conflict. The question is does this conflict still exist with the representation of the current defendant now that the mother of the victim has been appointed a conflict attorney? IMO that depends on the information about the former client that the attorny possesses and is that information something that might aid the current client, even if only to explore defense theories.

IMO it would be better to have this defendant represented by someone who has zero chance of possessing confidential information about one or two of the victims parents and then there is zero potential COI issues lurking in this case...IMO

If a conflict exists, if the entire office has it, then does that mean if BK had to be given another attorney the state would have to pay a private attorney? I know AT is the only PD in northern Idaho but even if there was another one or someone could be made to drive incredible distances from some other part of the state, it sounds like that couldn't work. Or is "the entire office" defined differently here to not mean statewide?
JMO

 

[WingsOverTX]

FYI, public defenders and court appointed attorneys conflict out of cases all the time. If they are in an office, then the whole office has a conflict and a conflict attorney is appointed. That appears to be what happened with the victim's mother in this case. Thus, the defendant's current attorney's entire office had a conflict and that is why an attorney outside the office was appointed to the mother's case. Just because the court appoints you to a case does not mean that you get to ignore professional rules of responsibility. If you have a conflict, you conflict out of the case.

Here, there was clearly a conflict. The question is does this conflict still exist with the representation of the current defendant now that the mother of the victim has been appointed a conflict attorney? IMO that depends on the information about the former client that the attorny possesses and is that information something that might aid the current client, even if only to explore defense theories.

IMO it would be better to have this defendant represented by someone who has zero chance of possessing confidential information about one or two of the victims parents and then there is zero potential COI issues lurking in this case...IMO

RBBM
I don't understand why there is a debate re: COI.

Sure in BK's case finding another DP-qualified attorney has some challenges (geography being a main one) but as you - an attorney - point out, it is BETTER to have COI issues be ZERO.

Getting to that solution may be a challenge but that is the solution.

IMO AT appears to have ignored professional rules of responsibility here. That error in judgment is critical to BK & the victim's rights & requires resolution.

JMO

 

[sleuth.sloth]

RBBM
I don't understand why there is a debate re: COI.

Sure in BK's case finding another DP-qualified attorney has some challenges (geography being a main one) but as you - an attorney - point out, it is BETTER to have COI issues be ZERO.

Getting to that solution may be a challenge but that is the solution.

IMO AT appears to have ignored professional rules of responsibility here. That error in judgment is critical to BK & the victim's rights & requires resolution.

JMO

I don’t understand how there is a debate. I’m exercising a lot of self control in not responding to commenters who think that the treatment of the victims’ parents by AT is fine and ethical. My mama told me if I don’t have anything nice to say, don’t say anything at all.

I hope for the parents that this mess is straightened out quickly and fairly, and that the parents feel heard and respected in this time of unimaginable grief.

 

[Waddles]

Ms Taylor has represented three parents of the victims. I won't c/p any of the article so just click on link to read.

Bryan Kohberger Public Defender Represented Father and Stepmother of Murder Victim Madison Mogen

Court records obtained by Inside Edition Digital list Anne Taylor as a member of the defense team on closed criminal cases involving Benjamin Mogen and his wife, Korie Hatrock.

www.insideedition.com

Is this not an extraordinarily bizarre coincidence?!