Also filled by the State on September 14, 2023 is the Redacted Motion to Take Judicial Notice of the Grand Jury Record. The corresponding Order was filed September 19, 2023. Why did they redact case numbers referenced in the motion and the order? We already know both the criminal case number (CR29-22-2805) and the grand jury case number (29-23-4 which is listed on the indictment). The only thing I can figure is that there was another case (or cases) heard by the grand jury. . . . Please let me know your thoughts.
I think the September 19 document likely contains the redacted grand jury case number. They haven't been entirely consistent with their redactions; for example, sometimes Kohberger's name is printed clearly in the search warrants, whereas in other search warrants the subject's name is redacted even though the warrant clearly refers to Kohberger.
Also, the September 19 document states that the grand jury records will be cited in the defense's claims of prosecutorial misconduct. This is obviously a reference to the grand jury proceedings in the Kohberger case, the same case in which Kohberger was indicted.
I don't think there's another grand jury case number involved.
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Original comment:
Since Kohberger was indicted by a secret grand jury, then I imagine the court gave the grand jury proceedings a separate case number. The state wouldn't want the records for the grand jury proceedings filed in real time in Kohberger's CR29-22-2805 case file; otherwise, the defense and potentially the media would be alerted that something is happening behind the scenes.
Thanks for your thoughts! I’m thinking that’s probably the case (inconsistency making redactions regarding the grand jury case number on the September 2023 filings and the Indictment). I have other very very speculative reasons (based on fact) why I’m thinking there are other criminal charges against him, but I agree it’s most likely the Court has just been inconsistent with their redactions as reflected by the case numbers in the warrants (as you point out). Thanks for your hard work! I don’t have a Reddit account but I read it and greatly appreciate your contributions. As a side note, I’m an Idahoan in the Boise area and this case has consumed me on both an emotional level as well as an intellectual/legal level.
"I don’t have a Reddit account but I read it and greatly appreciate your contributions."
Thanks! I read the MoscowMurders subreddit for months without an account, but I got annoyed with people getting basic facts wrong, so I finally created an account in June. I stay away from social media otherwise.
"I have other very very speculative reasons (based on fact) why I’m thinking there are other criminal charges against him"
Hm, I'm curious as to what these are, haha. Why would they keep those charges secret, though?
I also speculate that there might be additional charges coming down the pike. You know the claim from Dateline that Kohberger might have been watching one of his female classmates through her cameras? Some people think that can't be true because he hasn't been charged with anything in Washington, but I assume the statute of limitations in Washington doesn't end for another several years. They might be waiting for a conviction in the Idaho case before they charge him with anything else.
"I’m an Idahoan in the Boise area and this case has consumed me on both an emotional level as well as an intellectual/legal level."
I recently remembered that Aaron Paul is from and currently lives in that area. If there's ever a documentary about this case, I hope he's involved somehow, like through funding or production. I envision a documentary told primarily from the perspective of investigators; Kohberger himself would be a very small part of it.
Idaho and the pacific northwest more generally have interesting histories. I hope to visit one day.
It would be great if you did a documentary someday! I read your other post regarding that possibility and, based on the posts you’ve made regarding this case, I bet you’d do an excellent job!
Well, my very, very, VERY speculative thoughts regarding why I think there could be other charges against BK are based on the following:
(1) After BK’s arrest, of course everyone started researching him. Many people, including myself, checked Idaho’s online public court records system iCourt and saw the case regarding his citation for not using a seat belt on August 21, 2022. After the PCA was unsealed, we could also review the general information for the CR29-22-2805 case. But within a few days (I forget when), they restricted access to the public on that system for both the seatbelt and murder cases. Then, sometime in late summer (I believe), they again allowed for access to the seat belt citation case but not the murder case. Why? It could be to seal the case from all employees of courts, prosecutors’ and public defenders’ offices who might otherwise have access to sealed filings (I don’t know how the system works from their accounts), but even if so, why seal a seat belt infraction after the public already knew about it and then unseal it late in the summer? I speculate there might have been some other case lurking under BK’s name they needed to keep top secret and couldn’t get the technology to work for them. Yes, this is a big speculation, but this hasn’t been done for other high profile Idaho cases such as the Vallow/Daybell case.
(2) The State says on page 2 of its June 15, 2023 Clarification to State’s Supplemental Response to Defendant’s Motion re grand jury transcript that the grand jury was empaneled specifically for this case (as opposed to a standing grand jury). The grand jury case number for BK’s indictment is (or at least contains) 29-23-4. “29” refers to Latah County; “23” refers to the year 2023); and, if the pattern of their criminal case number assignment applies to their grand jury cases, then BK’s murder indictment would be Latah County’s fourth grand jury case of the year. So was there another grand jury earlier in the year? What other 3 cases were heard? If BK’s was the only grand jury case this year, why label it case no. 4 if there weren’t others? Perhaps “4” is the month (April) when they started the process of empaneling the grand jury? I haven’t yet researched Idaho’s statutes/case law surrounding empaneling a grand jury for a specific case while there’s another standing grand jury still within its assignment period, but my guess is Latah County didn’t have a standing grand jury between January and May 2023.
(3) The Defense requested transcripts for “all” grand jury proceedings. I know this could just be referencing things like voir dire, deliberations (scary in my opinion if deliberations are recorded, though!), lunch/breaks, etc., but it seems deeper than that to me because of the extent of the sealed filings, sealed June 27 and July 6, 2023 hearings, State’s responses, etc.
(4) Finally, after seeing the State’s September 14, 2023 Motion to Take Judicial Interest re grand jury record and the redaction of case numbers, I started searching iCourt case numbers around the time of BK’s arrest. Look up CR29-23-0030. This is by FAR my biggest, unfounded speculation, but I wonder if BK did go into the house the evening of November 12 while everyone was out (why else would the Defense address BK’s “alibi” driving around the evening of the 12th before the murders?) and this is part of the case that hasn’t been made public? And after the July sealed hearing and sealed filings, they changed the info in the iCourt system to appear as it does now because there’s some kind of issue in the system preventing them from deleting it? Or, the CR29-23-0030 could just be a sick joke by some employee lol.
Sealing other possible charges, including anything in Washington such as if he peeped on his classmate with the cameras he helped install (if the report is true), would help ensure bias isn’t introduced into his murder trial anymore than it already will be. But it’s gonna be a long wait to find out, I think. And I’ve just seen the Defense’s December 21 filing…. Urrrghhhh. Well, I’m glad he has good representation!
I think my latest post (scheduled to post in ten minutes) might provide some clarification on the issues with the case website. Thanks for this comment!
Edit: I decided to link to your comment to explain the possible issues with the iCourt system. Let me know if you want me to remove the link.
Also, I now believe you're correct that there are sealed charges. I expect to publish a post about this on Thursday.
Ok, I finally found confirmation re the redacted case number. It’s ironic that I’ve been obsessed with this for over 3 months and the same day I post something about it I confirm the answer: You are correct; the Court is inconsistent with its redactions. I just read and reexamined the Court’s December 15th Order Taking Judicial Notice of Case Admin29-23-4. The Court redacted the 29-23-4 on the cover page and in the body of the order, but not on the footer where the entire case number is listed! So sorry to have bugged you; feel free to delete all my blabber (if you can) so you can tidy up your substack.
Also filled by the State on September 14, 2023 is the Redacted Motion to Take Judicial Notice of the Grand Jury Record. The corresponding Order was filed September 19, 2023. Why did they redact case numbers referenced in the motion and the order? We already know both the criminal case number (CR29-22-2805) and the grand jury case number (29-23-4 which is listed on the indictment). The only thing I can figure is that there was another case (or cases) heard by the grand jury. . . . Please let me know your thoughts.
Edit: Sorry, I just reread your comment.
I think the September 19 document likely contains the redacted grand jury case number. They haven't been entirely consistent with their redactions; for example, sometimes Kohberger's name is printed clearly in the search warrants, whereas in other search warrants the subject's name is redacted even though the warrant clearly refers to Kohberger.
Also, the September 19 document states that the grand jury records will be cited in the defense's claims of prosecutorial misconduct. This is obviously a reference to the grand jury proceedings in the Kohberger case, the same case in which Kohberger was indicted.
I don't think there's another grand jury case number involved.
----------------
Original comment:
Since Kohberger was indicted by a secret grand jury, then I imagine the court gave the grand jury proceedings a separate case number. The state wouldn't want the records for the grand jury proceedings filed in real time in Kohberger's CR29-22-2805 case file; otherwise, the defense and potentially the media would be alerted that something is happening behind the scenes.
Thanks for your thoughts! I’m thinking that’s probably the case (inconsistency making redactions regarding the grand jury case number on the September 2023 filings and the Indictment). I have other very very speculative reasons (based on fact) why I’m thinking there are other criminal charges against him, but I agree it’s most likely the Court has just been inconsistent with their redactions as reflected by the case numbers in the warrants (as you point out). Thanks for your hard work! I don’t have a Reddit account but I read it and greatly appreciate your contributions. As a side note, I’m an Idahoan in the Boise area and this case has consumed me on both an emotional level as well as an intellectual/legal level.
"I don’t have a Reddit account but I read it and greatly appreciate your contributions."
Thanks! I read the MoscowMurders subreddit for months without an account, but I got annoyed with people getting basic facts wrong, so I finally created an account in June. I stay away from social media otherwise.
"I have other very very speculative reasons (based on fact) why I’m thinking there are other criminal charges against him"
Hm, I'm curious as to what these are, haha. Why would they keep those charges secret, though?
I also speculate that there might be additional charges coming down the pike. You know the claim from Dateline that Kohberger might have been watching one of his female classmates through her cameras? Some people think that can't be true because he hasn't been charged with anything in Washington, but I assume the statute of limitations in Washington doesn't end for another several years. They might be waiting for a conviction in the Idaho case before they charge him with anything else.
"I’m an Idahoan in the Boise area and this case has consumed me on both an emotional level as well as an intellectual/legal level."
I recently remembered that Aaron Paul is from and currently lives in that area. If there's ever a documentary about this case, I hope he's involved somehow, like through funding or production. I envision a documentary told primarily from the perspective of investigators; Kohberger himself would be a very small part of it.
Idaho and the pacific northwest more generally have interesting histories. I hope to visit one day.
It would be great if you did a documentary someday! I read your other post regarding that possibility and, based on the posts you’ve made regarding this case, I bet you’d do an excellent job!
Well, my very, very, VERY speculative thoughts regarding why I think there could be other charges against BK are based on the following:
(1) After BK’s arrest, of course everyone started researching him. Many people, including myself, checked Idaho’s online public court records system iCourt and saw the case regarding his citation for not using a seat belt on August 21, 2022. After the PCA was unsealed, we could also review the general information for the CR29-22-2805 case. But within a few days (I forget when), they restricted access to the public on that system for both the seatbelt and murder cases. Then, sometime in late summer (I believe), they again allowed for access to the seat belt citation case but not the murder case. Why? It could be to seal the case from all employees of courts, prosecutors’ and public defenders’ offices who might otherwise have access to sealed filings (I don’t know how the system works from their accounts), but even if so, why seal a seat belt infraction after the public already knew about it and then unseal it late in the summer? I speculate there might have been some other case lurking under BK’s name they needed to keep top secret and couldn’t get the technology to work for them. Yes, this is a big speculation, but this hasn’t been done for other high profile Idaho cases such as the Vallow/Daybell case.
(2) The State says on page 2 of its June 15, 2023 Clarification to State’s Supplemental Response to Defendant’s Motion re grand jury transcript that the grand jury was empaneled specifically for this case (as opposed to a standing grand jury). The grand jury case number for BK’s indictment is (or at least contains) 29-23-4. “29” refers to Latah County; “23” refers to the year 2023); and, if the pattern of their criminal case number assignment applies to their grand jury cases, then BK’s murder indictment would be Latah County’s fourth grand jury case of the year. So was there another grand jury earlier in the year? What other 3 cases were heard? If BK’s was the only grand jury case this year, why label it case no. 4 if there weren’t others? Perhaps “4” is the month (April) when they started the process of empaneling the grand jury? I haven’t yet researched Idaho’s statutes/case law surrounding empaneling a grand jury for a specific case while there’s another standing grand jury still within its assignment period, but my guess is Latah County didn’t have a standing grand jury between January and May 2023.
(3) The Defense requested transcripts for “all” grand jury proceedings. I know this could just be referencing things like voir dire, deliberations (scary in my opinion if deliberations are recorded, though!), lunch/breaks, etc., but it seems deeper than that to me because of the extent of the sealed filings, sealed June 27 and July 6, 2023 hearings, State’s responses, etc.
(4) Finally, after seeing the State’s September 14, 2023 Motion to Take Judicial Interest re grand jury record and the redaction of case numbers, I started searching iCourt case numbers around the time of BK’s arrest. Look up CR29-23-0030. This is by FAR my biggest, unfounded speculation, but I wonder if BK did go into the house the evening of November 12 while everyone was out (why else would the Defense address BK’s “alibi” driving around the evening of the 12th before the murders?) and this is part of the case that hasn’t been made public? And after the July sealed hearing and sealed filings, they changed the info in the iCourt system to appear as it does now because there’s some kind of issue in the system preventing them from deleting it? Or, the CR29-23-0030 could just be a sick joke by some employee lol.
Sealing other possible charges, including anything in Washington such as if he peeped on his classmate with the cameras he helped install (if the report is true), would help ensure bias isn’t introduced into his murder trial anymore than it already will be. But it’s gonna be a long wait to find out, I think. And I’ve just seen the Defense’s December 21 filing…. Urrrghhhh. Well, I’m glad he has good representation!
I think my latest post (scheduled to post in ten minutes) might provide some clarification on the issues with the case website. Thanks for this comment!
Edit: I decided to link to your comment to explain the possible issues with the iCourt system. Let me know if you want me to remove the link.
Also, I now believe you're correct that there are sealed charges. I expect to publish a post about this on Thursday.
Ok, I finally found confirmation re the redacted case number. It’s ironic that I’ve been obsessed with this for over 3 months and the same day I post something about it I confirm the answer: You are correct; the Court is inconsistent with its redactions. I just read and reexamined the Court’s December 15th Order Taking Judicial Notice of Case Admin29-23-4. The Court redacted the 29-23-4 on the cover page and in the body of the order, but not on the footer where the entire case number is listed! So sorry to have bugged you; feel free to delete all my blabber (if you can) so you can tidy up your substack.
Haha, it's no problem. I've done the same thing myself.