Not a Bot said:

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The defense filed a motion today to have the grand jury indictment thrown out. They claim distant Idaho tradition and English common law going back to 1603 requires the grand jury to find proof beyond reasonable doubt to issue an indictment. They also cite laws from the 1850s.

They are basically saying every grand jury indictment in the state of Idaho for the last century or so has been invalid.

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Wacky filing. Peter is trying to break it down and he's confused too.

That can't be a good look for the defense. If I'm on the jury, I see someone grasping at straws before things even get going

They realize we defeated the British and created our own judicial system long before Idaho became a state.

Also, is this state or federal jurisdiction? Is the crossing of the Idaho/Washington border pertinent?

Gosney comes on at the 2h10min mark and they have a great (and very long) discussion on the merits. Gosney is a death penalty certified criminal defense appellate attorney in Florida. This is really good stuff if you have the time. Good dude.

TexasRebel said:

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They realize we defeated the British and created our own judicial system long before Idaho became a state.

Also, is this state or federal jurisdiction? Is the crossing of the Idaho/Washington border pertinent?

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State. Most murders are state law based although there are some specific federal statutes. Crossing state lines may be relevant as to particular charges but not really in this case.

Peter breaks down the prosecution's response to BK "alibi" pleading. Defense's pleading did not follow the rules.

Tweet from Brian Entin. That's all they could come up with?!

"New Bryan Kohberger motion. His defense is fighting the state's request he give an alibi at this stage.
Motion:
"Mr. Kohberger has long had a habit of going for drives alone. Often he would go for drives at night. He did so late on November 12 and into November 13, 2022."

New Bryan Kohberger motion. His defense is fighting the state's request he give an alibi at this stage.
Motion:
"Mr. Kohberger has long had a habit of going for drives alone. Often he would go for drives at night. He did so late on November 12 and into November 13, 2022." pic.twitter.com/CTJNGrXpOG

— Brian Entin (@BrianEntin) August 3, 2023

I just watched him for the first time. Very easy on the eyes!

MsDoubleD81 said:

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I just watched him for the first time. Very easy on the eyes!

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Peter posts almost daily, and usually shorter posts than full streams. He's one of two streamers I check when there is breaking news. Peter and then Robert Gouveia.

Dacoldest said:

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Defense attorneys get a bad rap for defending scumbags, but pulling this kind of sheet for a psychopath is ridiculous and evil.

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I'll take a defense attorney making sure the government can prove beyond a reasonable doubt over a ambulance chaser* any day of the week.

*any civil attorney going after exorbitant amount for a simple accident.

Rule #1 for the ladies.

TexasRebel said:

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They realize we defeated the British and created our own judicial system long before Idaho became a state.

Also, is this state or federal jurisdiction? Is the crossing of the Idaho/Washington border pertinent?

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Hate to break it to you, but English common law is the basis of US law, and plenty of precedent and legal theory carries over.

Obligatory wood.

ABATTBQ11 said:

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TexasRebel said:

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They realize we defeated the British and created our own judicial system long before Idaho became a state.

Also, is this state or federal jurisdiction? Is the crossing of the Idaho/Washington border pertinent?

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Hate to break it to you, but English common law is the basis of US law, and plenty of precedent and legal theory carries over.

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Not much has carried over into statutory law, however. Laches is still a BS equitable principle that is BS in election law. Catch-22. Cannot have courts rule before the election, cannot sue a day later either.

When you post all I think about are DoubleD's FYI.

agcrock2005 said:

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When you post all I think about are DoubleD's FYI.

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I am not alone.

Peter's take.

Thanks!! What is your take on the prosecution dragging their feet getting evidence to the defense? Think the trial will get delayed?

MsDoubleD81 said:

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Thanks!! What is your take on the prosecution dragging their feet getting evidence to the defense? Think the trial will get delayed?

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I do expect this trial to be delayed for a lot of reasons, chief among them that it is a death penalty case so expect a ton of motions in limine to exclude evidence.

In terms of why the prosecution appears to e dragging thei feet just might boil down to manpower. Prosecution team is smaller than the defense team because it is a death penalty case.

Then there is also some weirdness that has happened with the work the FBI did in the case. (Not that that should be that surprising with our current FBI.) Back when this thread started there were some reports that the FBI was using DNA databases such as Ancestry and the like, searching for familial DNA. They kind of poohed-poohed it at the time but they actually were a form of that, but not printing out nor taking screenshots of their work. To me that's a chain of custody issue but I don't think the prosecution was ever going to use that stuff once they got the DNA from the garbage at the residence in PA.

TBH, I don't know which direction the prosecution will go on the touch DNA on the knife sheath. Touch DNA is not as solid as blood or saliva. And with the gag order in this case, even the docket is hard to follow for clues as to strategy..

Thank you. How do you follow the docket? Not that I would understand any of it LOL.

MsDoubleD81 said:

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Thank you. How do you follow the docket? Not that I would understand any of it LOL.

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LOL. Actually I don't. I follow Emily and Peter who follow the docket. There is a subscription service called PACER that as retired, I do not pay for.

Part of my morning rat trails on the internet are to check their streaming sites for new posts related to the case.

My guess is, Kohberger has a lot of time on his hands in prison and fancies himself Perry Mason, and is pushing his lawyers to make this motion, based on his research.

Quote:

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Then there is also some weirdness that has happened with the work the FBI did in the case. (Not that that should be that surprising with our current FBI.) Back when this thread started there were some reports that the FBI was using DNA databases such as Ancestry and the like, searching for familial DNA. They kind of poohed-poohed it at the time but they actually were a form of that, but not printing out nor taking screenshots of their work. To me that's a chain of custody issue but I don't think the prosecution was ever going to use that stuff once they got the DNA from the garbage at the residence in PA.

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I don't think the prosecution is bringing the genealogical investigation to court, and there is no reason to. Matching Kohbeger's 4th cousin or whatever is pretty irrelevant.

Matching Kohberger's DNA to Kohberger himself is what will be introduced.

Before the FBI did the genealogical searches, the Moscow PD already had Kohberger's name. Between Nov 23-28 (about 2 weeks after the murders) - the Wazzu PD and Pullman PD turned over Kohbeger's name as someone that had a Wazzu parking pass for the white Elantra and matched the suspect description. Further, on August 21st, 2022 (prior to the killings), Kohberger was pulled over by Moscow PD had pulled over Kohbeger a few blocks from the murder site.

They had his records, his car, his school and Pennsylvania ID photos in multiple ways. They were never going to use the genealogy, and with a direct match, there was no reason to use it.

The genealogy helped the narrow it down quicker, but they would have eventually questioned Kohbeger or followed him for a DNA drop like NYPD did with Rex Heurmann.

Guitarsoup said:

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Quote:

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Then there is also some weirdness that has happened with the work the FBI did in the case. (Not that that should be that surprising with our current FBI.) Back when this thread started there were some reports that the FBI was using DNA databases such as Ancestry and the like, searching for familial DNA. They kind of poohed-poohed it at the time but they actually were a form of that, but not printing out nor taking screenshots of their work. To me that's a chain of custody issue but I don't think the prosecution was ever going to use that stuff once they got the DNA from the garbage at the residence in PA.

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I don't think the prosecution is bringing the genealogical investigation to court, and there is no reason to. Matching Kohbeger's 4th cousin or whatever is pretty irrelevant.

Matching Kohberger's DNA to Kohberger himself is what will be introduced.

Before the FBI did the genealogical searches, the Moscow PD already had Kohberger's name. Between Nov 23-28 (about 2 weeks after the murders) - the Wazzu PD and Pullman PD turned over Kohbeger's name as someone that had a Wazzu parking pass for the white Elantra and matched the suspect description. Further, on August 21st, 2022 (prior to the killings), Kohberger was pulled over by Moscow PD had pulled over Kohbeger a few blocks from the murder site.

They had his records, his car, his school and Pennsylvania ID photos in multiple ways. They were never going to use the genealogy, and with a direct match, there was no reason to use it.

The genealogy helped the narrow it down quicker, but they would have eventually questioned Kohbeger or followed him for a DNA drop like NYPD did with Rex Heurmann.

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They may not intend to use it but defense counsel if still demanding it. Peter discusses below.

aggiehawg said:

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Guitarsoup said:

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Quote:

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Then there is also some weirdness that has happened with the work the FBI did in the case. (Not that that should be that surprising with our current FBI.) Back when this thread started there were some reports that the FBI was using DNA databases such as Ancestry and the like, searching for familial DNA. They kind of poohed-poohed it at the time but they actually were a form of that, but not printing out nor taking screenshots of their work. To me that's a chain of custody issue but I don't think the prosecution was ever going to use that stuff once they got the DNA from the garbage at the residence in PA.

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I don't think the prosecution is bringing the genealogical investigation to court, and there is no reason to. Matching Kohbeger's 4th cousin or whatever is pretty irrelevant.

Matching Kohberger's DNA to Kohberger himself is what will be introduced.

Before the FBI did the genealogical searches, the Moscow PD already had Kohberger's name. Between Nov 23-28 (about 2 weeks after the murders) - the Wazzu PD and Pullman PD turned over Kohbeger's name as someone that had a Wazzu parking pass for the white Elantra and matched the suspect description. Further, on August 21st, 2022 (prior to the killings), Kohberger was pulled over by Moscow PD had pulled over Kohbeger a few blocks from the murder site.

They had his records, his car, his school and Pennsylvania ID photos in multiple ways. They were never going to use the genealogy, and with a direct match, there was no reason to use it.

The genealogy helped the narrow it down quicker, but they would have eventually questioned Kohbeger or followed him for a DNA drop like NYPD did with Rex Heurmann.

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They may not intend to use it but defense counsel if still demanding it. Peter discusses below.

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Right, but it might not be discoverable.

* Prosecution doesn't have it
* Prosecution isn't going to use it in the trial
* It is not exculpatory

So they can ask for whatever they want. But that doesn't mean they are entitled to it.

Thread the hearings today:

LIVE🧵: #BryanKohberger HEARING
Court is about to convene in Moscow, ID ahead of today's Bryan Kohberger hearing. I will be live tweeting using this thread below. #Idaho4 #IdahoFour pic.twitter.com/XdgU8hfNFt

— Alex Caprariello (@alcaprari23) August 18, 2023

Judge in #BryanKohberger case denied defense motion to stay proceedings based on grand jury, and also rolled back prior limited stay of 37 days related to delay in state turning over grand jury records. We remain on track for Oct. 2 trial, with jury selection one week before.

— Kevin Fixler (@kfixler) August 18, 2023

Judge sets fast pace in #Idaho4 case sched before Oct. 2 trial, incl deadlines:
-Discovery: 9/1
-Expert disclosures/alibi: 9/8
-Pretrial motions, incl death penalty, speedy trial: 9/8
-Motion responses, jury ?s, witnesses, mitigation: 9/15
-All motions: 9/22
-Pretrial conf: 9/29

— Kevin Fixler (@kfixler) August 18, 2023

Random: During break in #Idaho4 hearing, #BryanKohberger left the courtroom … Several members of Goncalves family here, one with T-shirt promoting #Idaho firing squad death penalty … Chief James Fry here in back, too … Court artist here … State AG’s arguing for state so far.

— Kevin Fixler (@kfixler) August 18, 2023

Pretty sure he's going to die by firing squad regardless of what the jury says

Judge set all the deadlines on Friday.

Sept 1st: All discovery
Sept 8th: Alibi and all alibi witnesses
Sept 8th: Deadline to waive right to speedy trial
Sept 8th: Pretrial motions
Sept 8th: List of witnesses and exhibits
Sept 15th: Expert Witnesses and Rebuttals
Sept 15th: Response Briefs
Sept 25th: Jury selection (anticipates calling 1000+ people - the population of the county is 40,000)
Oct 2nd: Trial

Kohberger waived his right to a speedy trial today.

Guitarsoup said:

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Kohberger waived his right to a speedy trial today.

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He did? After those long hearings over a possible stay? Bet that ticked off Judge Judge.

Guitarsoup said:

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Kohberger waived his right to a speedy trial today.

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Guitarsoup said:

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Kohberger waived his right to a speedy trial today.

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What implication does this have?

so does that mean the timeline the judge set out still intact or no?

zgolfz85 said:

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so does that mean the timeline the judge set out still intact or no?

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Definitely not.