ID - 4 Univ of Idaho Students Murdered - Bryan Kohberger Arrested - Moscow # 71

[jepop]

Except according to the PCA, his phone suddenly pinged on a tower south of Moscow at 4:48 a.m.near Blaine, Idaho and continued to ping at various towers for the next 45 min such as Genessee, ID, Uniontown, ID, and then back at Pullman. The Pullman ping coincided with cameras showing the white sedan coming back onto WSU campus. So, he can't claim that his phone was home all night.

Yes, then, from memory, car and phone captured in unison pretty much from around 5.23/25 am. Phone pinging and camera pick up - Johnson Road, Bishop Street, 3/4(?) times on North-east Stadium Way up until intersection of Cougar st/drive/road (See PCA). Phone turned off Pullman at c2.47am prior.(see PCA)

Also, 13 November 2022, from memory at around 1ishpm, Car, phone and BK himself all captured in unison (together) at a grocery store south of Pullman and Moscow (Combined ping and video capture of BK in parking lot and then in the grocery store) (See PCA for details of store, as I cannot remember the name of the town offhand).

Some more ideas, just bouncing off your post.

In terms of the someone stole my phone and car in the early morning hours of Nov 13th defense, it appears the offending thief was heading back in the direction of BK residence at around 5.25am. Appears that BK must have got his stolen car and phone back by at least whatever time it was he left his residence for that grocery store on 13th November 2022.(see PCA). Also, there's the question of whether BK got that stolen car and phone back in time to drive to Moscow at around 9-9.30amish and ping off the same tower used by the King Road House then back to Pullman (per PCA). That may have been the thief, I suppose. More likely, Bk had already somehow recovered his stolen car and phone and just made a little road trip for the joy of it. MOO

122922 Affidavit - Exhibit A - Statement of Brett Payne.pdf | PDF Host

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EBM: edited Nov 14th to the correct date, Nov 13th.

 

[isabella88]

BK's attorney in PA said that BK spoke voluntarily to LE for a little while before he asked for an attorney. The PA attorney said that BK didn't remember what he told LE during this time, before asking for an attorney.

BK said he didn't remember?? I find this hard to believe. Highly doubt BK was experiencing a fugue state. Do you have a link for that? TIA and JMO

 

[scoodyboo]

But when you are officially told "you are under arrest" you must be read your Miranda rights.

People are questioned all the time about crimes and not read Miranda Rights. Look at YouTube and you see this all the time, cops interviewing people at their jobs, on the street, etc.... Suspecting them of a crime but not arresting them, not reading Miranda Rights. When you see them actually getting arrested they are always read their rights.

I had cops at my door questioning me and my kids because the car in our driveway matched the car a criminal had just used right after he had just robbed a local gas station. The cops made me wake up my sons so they could rule them out because they had the suspect's photo on camera.

I never heard a thing about Miranda Rights.

Except, Supreme Court changed that last summer:
https://www.npr.org/2022/07/03/1109...nt-be-sued-for-not-reading-out-miranda-rights

 

[Nila Aella]

DBM

 

[Zella]

But when you are officially told "you are under arrest" you must be read your Miranda rights.

People are questioned all the time about crimes and not read Miranda Rights. Look at YouTube and you see this all the time, cops interviewing people at their jobs, on the street, etc.... Suspecting them of a crime but not arresting them, not reading Miranda Rights. When you see them actually getting arrested they are always read their rights.

I had cops at my door questioning me and my kids because the car in our driveway matched the car a criminal had just used right after he had just robbed a local gas station. The cops made me wake up my sons so they could rule them out because they had the suspect's photo on camera.

I never heard a thing about Miranda Rights.

Miranda rights are not required when you're arrested. They may be commonly read then and the public perception is that as soon as you are cuffed, you receive the Miranda warning, but you don't actually have to receive a Miranda warning until you are both detained and being questioned.

It's the joint condition of being detained and questioned that warrants it, not one or the other. Being detained on its own doesn't require it in the same way being questioned on its own doesn't require it. It's when you are detained (not free to leave) and being questioned that they are read to you.

That's why you were not read a Miranda warning when you were questioned with your kids. You were being questioned by police, but you were not being detained. MOO

 

[isabella88]

But when you are officially told "you are under arrest" you must be read your Miranda rights.

People are questioned all the time about crimes and not read Miranda Rights. Look at YouTube and you see this all the time, cops interviewing people at their jobs, on the street, etc.... Suspecting them of a crime but not arresting them, not reading Miranda Rights. When you see them actually getting arrested they are always read their rights.

I had cops at my door questioning me and my kids because the car in our driveway matched the car a criminal had just used right after he had just robbed a local gas station. The cops made me wake up my sons so they could rule them out because they had the suspect's photo on camera.

I never heard a thing about Miranda Rights.

Miranda rights are read when one is in custody. Pretty sure that's the basic requirement.

Miranda Rights for Criminal Suspects Under the Law

Read about the Miranda rights, such as the right to an attorney and the right to remain silent, as well as the limits on when they apply.

www.justia.com

 

[gliving]

This is what I find. Perhaps Labar said more during an interview.

Lawyer: Bryan Kohberger Initially Agreed To Talk to Police

“He’s calm. He’s fully aware. It’s obvious he’s very intelligent…He already has a Master’s,” said Jason LaBar, chief public defender for Monroe County

lawandcrime.com

LaBar told Law&Crime’s Angenette Levy that Kohberger spoke with law enforcement for five to 15 minutes at the Pennsylvania State Police barracks following his arrest early last Friday morning.

Initially, Kohberger waived his Miranda rights but then requested an attorney. LaBar said Kohberger told him that police asked his client if he understood what was going on, and he responded by saying something to the effect of “yes, certainly I’m aware of what’s going on. I’m 10 miles away from this.” Then, LaBar said, Kohberger invoked his right to counsel and asked for an attorney.

 

[Zella]

“yes, certainly I’m aware of what’s going on. I’m 10 miles away from this.”

I've wondered at what point he said this. Had they already mentioned Idaho or did he respond to that unprompted? If the latter, that's Josh Duggar asking federal authorities without any prompting if they're at his place of business due to child *advertiser censored* levels of dumb.

 

[gliving]

dbm

 

[acutename]

If I’m not mistaken, the legal definition of stalking involves people not a structure but they may be something one of our lawyers can answer.

TITLE 18
CRIMES AND PUNISHMENTS
CHAPTER 79
MALICIOUS HARASSMENT
18-7906. Stalking in the second degree. (1) A person commits the crime of stalking in the second degree if the person knowingly and maliciously:
(a) Engages in a course of conduct that seriously alarms, annoys or harasses the victim and is such as would cause a reasonable person substantial emotional distress; or
(b) Engages in a course of conduct such as would cause a reasonable person to be in fear of death or physical injury, or in fear of the death or physical injury of a family or household member.
(2) As used in this section:
(a) "Course of conduct" means repeated acts of nonconsensual contact involving the victim or a family or household member of the victim, provided however, that constitutionally protected activity is not included within the meaning of this definition.
(b) "Family or household member" means:
(i) A spouse or former spouse of the victim, a person who has a child in common with the victim regardless of whether they have been married, a person with whom the victim is cohabiting whether or not they have married or have held themselves out to be husband or wife, and persons related to the victim by blood, adoption or marriage; or
(ii) A person with whom the victim is or has been in a dating relationship, as defined in section 39-6303, Idaho Code; or
(iii) A person living in the same residence as the victim.
(c) "Nonconsensual contact" means any contact with the victim that is initiated or continued without the victim’s consent, that is beyond the scope of the consent provided by the victim, or that is in disregard of the victim’s expressed desire that the contact be avoided or discontinued. "Nonconsensual contact" includes, but is not limited to:
(i) Following the victim or maintaining surveillance, including by electronic means, on the victim;
(ii) Contacting the victim in a public place or on private property;
(iii) Appearing at the workplace or residence of the victim;
(iv) Entering onto or remaining on property owned, leased or occupied by the victim;
(v) Contacting the victim by telephone or causing the victim’s telephone to ring repeatedly or continuously regardless of whether a conversation ensues;
(vi) Sending mail or electronic communications to the victim; or
(vii) Placing an object on, or delivering an object to, property owned, leased or occupied by the victim.
(d) "Victim" means a person who is the target of a course of conduct.
(3) Stalking in the second degree is punishable by imprisonment in the county jail for not more than one (1) year or by a fine of not more than one thousand dollars ($1,000), or by both such fine and imprisonment.
History:
[18-7906, added 2004, ch. 337, sec. 4, p. 1009.]

(there is another statute that defines Stalking in the First Degree which is a felony but it requires violation of a restraining order or prior conviction, etc. You can look it up but I do not think, knowing what we know, it would apply...)

 

[Ghostwheel]

Re:Miranda Rights. My understanding is that these rights are read so that people understand that anything they say can be used as evidence. You
can be arrested and questioned, but none of the information you give can be used against you UNTIL you have been read your rights. This is why the rights are read as soon as possible when a person is arrested. If they fail to read you this warning before asking you questions, any evidence they obtain in their conversations with you may be inadmissible in court.

 

[Sundog]

BK said he didn't remember?? I find this hard to believe. Highly doubt BK was experiencing a fugue state. Do you have a link for that? TIA and JMO

Here's the link. Attorney LeBar in PA said this in his interview with Chris Cuomo on NewsNation. It is toward the end of the interview, after the 4 minute mark.

Edited to correct which MSM did the interview.

 

[jepop]

jmo imo he could say he never knew. it's only once he was accused that he realizes this must be what happened, and off the hook for reporting them stolen. imo jmo. I don't believe that's whaat happened, but can I prove it? no. I'm hoping that if he's guilty, the prosecution can prove it bard. I hope they have physical evidence placing him in the house - blood, please or hair. something other than touch dna. jmo imo

he is not glued to his car, so they need to prove the he was in the car. jmo imo. what seems logical 'of course he was in it' can't jut be assumed at trial. esp with the theft issues with Elantras. Kia and Hyundai under Fire from Cities, Insurers over Too Easily Stolen Vehicles

I think it would be worse for him if he lied about an alibi and then couldn't prove it.imo jmo.

The defense would have to be both car and phone were nicked. With both being returned by 9ish on the morning of November 13th. MOO

122922 Affidavit - Exhibit A - Statement of Brett Payne.pdf | PDF Host

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[acutename]

I don't know if it's the actual dining hall, but if you look up the Student Union building on google maps, you can see a Chik Fil A Express very close in proximity (same building complex?). I went to click on that, looked at some of the pictures and it does seem to be situated in a food court, there is a Vandals Dining sign right next-door to it (one of the main dining Hall food options).

Link to a google picture of the foodcourt near or inside Student Union building

I'm confused though, because if you scroll through ALL of the pics, there is a counter sandwiched right between a QDoba and True Burger which are definitely other dining hall options. Plus there is a pic of more seating. I am beginning to wonder if it IS the main dining hall?

maybe the public can eat at the fast food restaurants:

Google Maps

Find local businesses, view maps and get driving directions in Google Maps.

www.google.com

(that link- it is one of the pictures at Chick Fillet that says it accepts dining cards and credit cards)

If you read about the UI dining cards/meal plans, there are ceratain fast food meals that are called "Golden Meals" that can be purchased throuogh their dining cards

 

[Helechawagirl]

ITA, it's sad to see these people working alone late at night. Israel Keyes grabbed that young girl who was alone at the roadside coffee stand, and there are other countless cases like it. MOO

Yes and at least two late night gas station workers have been killed near me and nothing has changed.

 

[Helechawagirl]

Thanks for article. Posters were right, he was eating in the cafeteria and according to Sundog there were good vegan options.

I remember reading somewhere about the waitresses documenting but don't see it in the article - do you have the link?

What restaurant?

Iirc, that was from an incident in PA some time ago.

 

[isabella88]

Here's the link. Attorney LeBar in PA said this in his interview with Chris Cuomo on NewsNation. It is toward the end of the interview, after the 4 minute mark.

Thanks for this link!

It sounds to me that LaBar is saying that BK said he doesn’t recall asking if anyone else was arrested. It could certainly be a less specific sentence.

Watching this, it’s interesting what BK’s lawyer starts to say at about :26 after being asked to elaborate on BK’s “shock” about his arrest. LaBar never says BK was shocked that he was arrested for the murders, per se. Rather, the lawyer talks more about BK’s shock about how the arrest went down, with such force and at such an hour.

Doesn’t sound as if LaBar has much faith in BK’s innocence, especially in the face of the circumstantial evidence LaBar said he was sure would grow. All JMO

Edited to correct LeBar to LaBar. Tomato, Tomatto.

 

[Sundog]

Thanks for this link!

It sounds to me that LaBar is saying that BK said he doesn’t recall asking if anyone else was arrested. It could certainly be a less specific sentence.

Watching this, it’s interesting what BK’s lawyer starts to say at about :26 after being asked to elaborate on BK’s “shock” about his arrest. LaBar never says BK was shocked that he was arrested for the murders, per se. Rather, the lawyer talks more about BK’s shock about how the arrest went down, with such force and at such an hour.

Doesn’t sound as if LaBar has much faith in BK’s innocence, especially in the face of the circumstantial evidence LaBar said he was sure would grow. All JMO

Edited to correct LeBar to LaBar. Tomato, Tomatto.

I agree, LaBar could be referring to BK having forgotten if he asked LE if someone else was arrested. But LaBar also says that BK spoke to LE after his arrest for about 5 to 15 minutes before invoking his Miranda rights, and BK told LaBar that he doesn't remember what he said during that time. So it seems that BK claims to have forgotten everything he said to LE during that time frame.

 

[maskedwoman]

<snipped for focus> I wonder when they mirandized him?

Since 40+ cops broke down Mom and Dad's doors to arrest him, and given the crime he's suspected of, I'm sure they were careful to follow the rules. I strongly believe they mirandized him as soon as the cuffs were on.

 

[Sundog]

Will the conversation between LE and BK upon his arrest in Pennsylvania be provided as discovery to BK's Idaho attorney? Maybe included in the discovery documents/information that the Idaho prosecution already provided to her?