Beyond The Horizon

Murder In Moscow: What Kohberger's Defense Team Could Learn From Lori Vallow's Trial (6/26/24)

Lori Vallow Daybell did not receive the death penalty due to a combination of factors primarily related to the management and timing of evidence disclosures by the prosecution. The defense argued that the prosecution's late submission of thousands of documents and pieces of evidence impeded their ability to adequately prepare for trial. Judge Steven Boyce ruled to remove the death penalty to ensure that Vallow Daybell's constitutional rights were protected, allowing her defense team sufficient time to review the evidence. The judge emphasized that his decision was not to penalize the state but to avoid potential reversible errors that could arise from discovery issues if a death sentence were imposed.

The implications of this decision might influence Bryan Kohberger's case, as his defense team could leverage similar arguments regarding evidence handling and procedural fairness. Kohberger, charged with the murders of four University of Idaho students, is facing the death penalty. His defense has been actively challenging the prosecution on various procedural grounds, including the handling and disclosure of DNA evidence and other investigative materials.

In this episode, we dive in and take a look at the possibility of Bryan Kohberger avoiding the death penalty due to prosecutorial misconduct.

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to contact me:

bobbycapucci@protonmail.com

source:

Idaho suspect Bryan Kohberger's team could use same tactic as cult mom Lori Vallow to avoid death penalty if convicted | The US Sun (the-sun.com)

Duration:: 15m
Broadcast on:: 26 Jun 2024
Audio Format:: mp3

Hello, it is Ryan and I was on a flight the other day playing one of my favorite social spin slot games on Chumbakasino.com I looked over the person sitting next to me and you know what they were doing They're also playing Chumbakasino everybody's loving having fun with it Chumbakasino is home to hundreds of casino style games You can play for free anytime anywhere. So sign up now at Chumbakasino.com to claim you're free welcome bonus That's Chumbakasino.com and live the Chumbalife sponsored by Chumbakasino. No purchase necessary vgw group void we're prohibited by law 18 plus terms and conditions apply What's up everyone and welcome back to the program in this episode We're gonna spin back up to Moscow and we're gonna check in on Brian Kohberger and what's cooking in judge John Judge's courtroom and to do that we have an article from the US Sun headline evidence issues Idaho suspect Brian Kohberger's team could use the same tactic as Colt mom Lori Vallow to avoid the death penalty if convicted and We know that Lori Vallow was able to use the fact that the prosecution didn't turn over all of the discoverable evidence To the defense in a timely manner and that led to them being sanctioned by Lori Vallow not getting the death penalty And remember that was an Idaho as well So there is precedent and I've said this from the very beginning if the prosecution isn't on their game And if they're not doing it the right way They're gonna get slapped Idaho has already shown us that the court is not going to abide by it So hopefully that's avoided here But you know, it's very possible that if they are slow walking this to a point where judge judge finds it to be Something that they can be sanctioned for I would not be shocked to see them get sanctioned And if that did come to pass that most certainly could lead the Brian Kohberger not getting the death penalty and obviously judge judge Isn't there yet? He hasn't slapped the prosecution with sanctions or anything like that but he has been moving in the direction of trying to push this along and Hopefully the FBI gets their shit together and turns over whatever sort of documentation. They're holding out on This article was authored by Katie Forrester Idaho quadruple murder suspect Brian Kohberger's defense team may use the same tactic as Colt mom Lori Vallow to escape the death penalty If he's convicted and expert claims Kohberger 29 stands accused of stabbing to death for University of Idaho students in their beds on November 13th 2022 he has pleaded not guilty to killing Madison Morgan Kaley gun solvus Zanna carnodal and Ethan Chapin Kohberger did not respond when asked how he pleaded at his arraignment So a judge entered not guilty, please for him and that was all part of his tactic, right? That was all part of his defense strategy not to enter a plea and have the judge do it for him and you remember every state's different in Idaho This is something that sometimes people do and they avoid having you know a plea put in and they let the judge put the plea in That way later on down the road They can try and use that during their appeal a trial data is expected to be set in coming weeks And prosecutors have said that they will seek the death penalty if he is convicted New court documents show his legal team plans to use cell phone tower data to show he was not at the Moscow home Where the murders took place in the early hours of the morning wait I thought that the cell phone data was unreliable Remember that whole entire nonsensical narrative that people were pitching although you can't count on the cell phone data in the Brian Kohlberger case Oh, yeah, right sure just like you couldn't with murder. All right, give me a break Brian Kohlberger is really gonna try and tell us that the cell phone data is going to point to him not being the guy Okay, considering all of the evidence we've seen and considering the most important piece of evidence You know the sheath with his DNA on it under a couple of dead girls Yeah, probably gonna be pretty difficult to challenge all of that by using cell phone data Especially considering the prosecution is going to add their own experts who have their own Story to tell their own narrative to pitch and then it'll be up to the jury as to which experts they're going to believe Court documents providing an alibi for Kohlberger stated. He was out driving in the early morning hours of November 13th 2022 as he often did the hike and run and or see the moon and stars He drove throughout the area south of Pullman, Washington west of Moscow, Idaho Including Wobble Y Park as his team gears up to rigorously defend him former federal prosecutor Neema Rachmani who is not connected to the case has revealed how the trial may pan out Rachmani president of Los Angeles based West Coast trial lawyers told the US Sun The defense is throwing everything they can out there to get the death penalty off the table Arguing that the prosecution has it complied with its discovery obligations worked in a recent high profile at a ho case So yeah, why not take a shot, right? You can't blame Ann Taylor for taking her shot. This is her job This is what she is supposed to do. She asked to challenge this evidence at every turn and so far That's what she's been doing I know a lot of people don't like it Just like a lot of people don't like the way Alan Jackson's conducting himself when it comes to the Karen Reed trial But if you're on trial for your life, you better damn well hope that you have vigorous Representation people that are going to be out there turn it over every stone kicking in every door looking for some kind of evidence of your innocence and That's exactly what Ann Taylor is attempting to do here. Do I think she's going to be successful? No, but she has to shoot her shot, especially considering what we just saw with Lori Vallow The judge and the Lori Vallow case ruled that prosecutors couldn't pursue the death penalty because they hadn't turned over discovery to her lawyers This is something that appellate courts will consider too and they're a mandatory state and federal appeals in capital cases So even if he does get found guilty and he's convicted of capital murder Well, it's gonna take a while for him to be punished just like with Chad Daybell's bitch ass Probably decades and I think that's something that has to be changed now. Look. I understand if somebody is sentenced to death They should be able to appeal the process, right? But should they be able to gum up justice for decades? I don't think so guess what the people who were murdered They don't have to say so it's up to society to make sure that these people are punished and I think that there should be some kind of cap on the period of time that you can you know draw this all out a Death sentence should be that a death sentence not an invitation to sit on death row for four or five decades Vallow was sentenced to life without parole after an Idaho Jerry found her guilty on all charges for her role in the deaths of her 16-year-old daughter Tylie Ryan her seven-year-old adopted son Joshua JJ Vallow and her husband's first wife Tammy Daybell at the time a defense motion stated that the death penalty should be dismissed because of media saturation multiple discovery violations by the government Vallow's mental status and the inability of the state to effectively administer the death penalty should the Jerry decide to impose it Well, that's done now because they have moved to using a firing squad if they can't get the proper You know poison to inject into somebody for the lethal injection So that goes out the window some of this other stuff though is valid the discovery violations Especially if there are found to be in violation of that it's going to be an issue folks There is no doubt about it So we have to keep our eye on what judge judge is ruling here and certainly keep an eye on the docket and as far as that goes there haven't really been that many filings of note lately nothing worth diving into everything's been you know a Couple paragraphs maybe if that one page two pages nothing worth diving into but there are some orders on the way At least we think and those orders are going to be significant They're going to tell the tale about what happens moving forward right trial bait, etc Fremont County district judge Stephen Boyce ruled in favor of the motion to dismiss in Coburgers case Rockman. He says the defense will also attack the cell site evidence and the DNA Which was collected from the sheath of a knife found at the scene good luck with that And I don't know how you're going to attack the cell phone data and then attempt to utilize it on your own behalf Either the cell phone data is fugazi or it's not you can't have it both ways Authorities claim the DNA was a statistical match to a sample from trash recovered from the koburger family residents core document state Rockman He said they'll argue the cell phone evidence isn't reliable and that it is in synced with the video of the white Hyundai Elantra They'll also attack the single source DNA that was found at the scene of the murders saying that it was transferred Oh, yeah, good luck with that. Who transferred it the chupacabra bigfoot, maybe There's not a lot of information that has been made public because of the very broad gag order in the case So we'll have to wait until trial to find out what additional evidence the state has Well, that's true But if you follow along with the docket and you see what's being added to the court files It gives you a little bit of a look at what's going on and kind of an idea of where things are going and while all of this is Possible we haven't seen any signs of any of this happening judge judge hasn't really admonished the prosecutors at all yet So I think it's a little early to talk about anything like this happening when it comes to Brian koburger because we haven't seen any signs from the judge That he's going to smack the prosecutors, but it's certainly something that's in the cards Maybe certainly something that we can't just ignore and say oh, well, that's not going to happen We have to see what's what right? We have to make sure that the prosecution Has followed all of the rules that have been set forth by the state of Idaho when it comes to prosecuting a case And if they haven't they're going to pay a price with the luckyland sluts. You can get lucky just about anywhere This is your captain speaking. Yeah, we've got clear runway and the weather is fine But we're just gonna circle up here a while and get lucky. Oh, no, nothing like that It's just these cash prizes add up quick. So I suggest you sit back keep your tray table upright and start getting lucky Play for free at luckyland sluts calm. Are you feeling lucky? No purchase necessary BGW grab boy, we're prohibited by law 18 plus terms and conditions apply The cell data argument the latest court documents set a cell site location information expert will testify in court that data shows Coburgers mobile device was south of Pullman, Washington and west of Moscow, Idaho on November 13th 2022 That Brian Coburgers mobile device did not travel east on the Moscow Pullman highway in the early morning hours of November 13th And thus could not be the vehicle captured on video along the Moscow Pullman highway near Floyd's cannabis shop Investigators had previously claimed in an earlier affidavit that Coburgers phone was in Pullman around 2 47 a.m The night of the murders, but it's suddenly stopped connecting to the cell network Rock Monte feels the prosecution has a strong case But he believes it's not a slam dunk as the killer managed to cover their tracks. Yeah, I don't buy that I mean, I get it, right? You want to keep it in the news or whatever, but cover his tracks How how was he able to cover his tracks? Let's not forget the 500 pound gorilla in the room And that is the DNA evidence that was recovered off of the knife sheath All of this other stuff is just smoke and mirrors until he can figure out how to challenge that DNA on that knife sheath and say it's not his Bro is cooked There's also no clear evidence of motive yet. Though he may have been stalking one of the victims. He added well, I think that Maybe not Stocking, but we know that at the very least he was interacting with Madison Mogan As far as her social media goes and he was probably following her around We've talked about this at length, so I'm not going to beat that dead horse But there's no doubt that he had a run in with Madison at some point Coburger who was a PhD criminology student is being defended by attorney and taylor The kutney county public defender who reportedly bills at $200 an hour Defense attorneys believe everyone is entitled to a legal defense And many of them oppose the death penalty rakmani said if coburger is convicted, but they save his life That's a win for the defense and make no mistake. That's what this is all about Getting rid of the death penalty and taylor is not a stupid woman This is a lady who understands her job She knows the assignment and she's doing everything in her power to make sure that her client gets a fair shake But at the end of the day you can only do so much right Doesn't matter who you are as far as an attorney goes If your client is cooked your client is cooked And I think that's where we're at with coburger And I think the only thing that they're looking at at this point is to try and get them off of the death penalty The conventional wisdom is that coburger won't take the stand at least during the guilt phase He may testify in the penalty phase in an effort to save his life if convicted I don't think coburger will plead guilty and there won't be any deal offered This is one of the worst murders in Idaho state history And I think at this point the ship has sailed for any kind of deal What could coburger possibly offer? Maybe plead guilty to all of the murders and spare the family members A what's to be obviously brutal trial, but besides that he has nothing to offer up So why should the prosecution give him one single inch Coburger has not shown any emotion during the court hearings leading up to his murder trial And has even been pictured smirking on occasion Coburger's demeanor has been as expected rachman. He said he won't be addressing the court or the public directly I expect family members to attend every day of the trial First degree murder has a minimum mandatory life sentence in Idaho So if coburger is convicted and loses his appeals he will be sentenced to death or die in prison Murderers have gotten off in the past, but death penalty qualified juries or more likely to convict If they don't find him guilty the more likely result is a hung jury But outright acquittal is highly unlikely The latest court filing in the case seen by the u.s Son states the next hearing is scheduled for thursday june 27th at 10am with coburger likely in attendance It will be live streamed on the court's youtube channel So like usual once we get some more information and have some more to go on After the hearing occurs, we'll have some more to add to the catalog But for now, that's where everything stands That's where we're at up in moscow and hopefully after this hearing on thursday We know a little bit more about the lay of the land and hopefully we get a trial date locked in But until then all of the information that goes with this episode can be found in the description box Hello, it is ryan And i was on a flight the other day playing one of my favorite social spin slot games on chamba casino.com I looked over the person sitting next to me and you know what they were doing They're also playing chamba casino everybody's loving having fun with it chamba casino's home to hundreds of casino style games That you can play for free anytime anywhere so sign up now at chamba casino dot com to claim your free welcome bonus That's chamba casino dot com and live the chamba life sponsored by chamba casino no purchase necessary vgw group Forward we're prohibited by law 18 plus terms and conditions apply