Bryan Kohberger’s lifesaving plea has been accepted and he now resides in the care and custody of the Idaho corrections system. Presumably, for the rest of his life. He was not asked, nor did he volunteer a statement with an explanation or motive for the attacks, nor did he disclose the whereabouts of the weapon(s) and/or other evidence, nor did he offer any apologies or comfort to the surviving family members. He only said he was guilty and the prosecutor and judge took him at his word.

The prosecutor and the trial judge are on record saying this outcome will bring some form of finality for the victims’ families and allow them to begin to move forward with their lives. In this episode, we address the shortsightedness of imagining there is ever finality to a highly publicized case in either courts of law or the court of public opinion.

Bill explains that while Kohberger promised to never appeal the decision, the Supreme Court of the United States (SCOTUS) ruled a short seven years ago that the 6th Amendment to the Constitution guarantees the right to an appeal even where a defendant waived that right as part of his plea agreement. Ironically in that case, SCOTUS overruled the Idaho Supreme Court who had previously denied the defendant his right to appeal. Bill addresses several legal scenarios where an appeal(s) could still be possible, if not probable, for Kohberger.

We look ahead and discuss the increasing media intensity that has been present from the moment the four victims were discovered in their off-campus housing early on a Sunday morning. This was never a local story, but one that was featured on national and international news platforms from the gruesome beginning through Kohberger’s sentencing. Now that previously withheld information and documentation have been released and the people with direct and indirect involvement in the investigation and prosecution are free to speak to the media, the doors have opened wide to the legions of people who want to question, speculate, and opine about the entire process. Similarly, the “experts” are lining up to offer their presumptions and opinions. Books and magazine articles are being written, movies and documentaries are already in production, podcasts and blogs dedicated to True Crime and psycho killers are churning out new episodes daily. 

There is no chance or hope for finality to this story, and honestly there never was! The devastating and lasting impact this will have on the families and the Moscow community will play out over the coming years.

In Part 2 of the discussion, Bill addresses how Bryan Kohberger used the Idaho death penalty statute to his advantage and eluded a jury decision that could have resulted in his death by a firing squad.

Idaho, like most states with a death penalty statute relies on a bi-furcated trial system where the juries are tasked with two distinctly different responsibilities; 1) Determine if the defendant is guilty of the criminal charges or not, and if guilty, 2) What is the appropriate punishment in that jurisdiction.

In all but two states with a death penalty statute, the jury delivers the final decision on sentencing, not the trial judge nor a panel of judges.

So, if a defendant chooses to waive their right to a jury trial and pleads guilty before a single justice, their maximum sentence is reduced to a life in prison.

Bill discusses how Massachusetts negated their death penalty statute in 1984 when their Supreme Judicial Court ruled the law unconstitutional because the majority believed the option of life or death to be coercive in nature and could sway an innocent defendant from their right to a fair trial because of a legitimate fear that if found guilty by a jury, they could be put to death.

We close the segment with a look at the federal laws regarding the death penalty, and highlight a few notorious cases.

There is no crime as alarming as the report of vicious, unexplained homicide. Multiply that by four, and learn that the victims are all college students and their community is a small town where acts of violence are rare. Add that the victims were butchered with a knife and the killer is unknown, and remains at large. 

Bring on the helicopters, cameras and bright lights that always come with intense national media attention. The subsequent intrusion, scrutiny, speculation and judgmental finger-pointing about the investigation, creates an unease and cynicism among the townspeople that makes for an explosive, distrustful environment.

Listen in as Bill and Jordan discuss the investigation into the mass murder in Moscow Idaho, and the successful, “under the radar” investigation that resulted in the arrest of Bryan Kohberger six weeks later at his home in Pennsylvania.

The 4th Amendment protects people from “unreasonable searches” by government officials. All other searches require a search warrant. How does a judge determine what is reasonable and what is not, and when is a warrant required to search? In the 1967 decision of Katz vs the United States, SCOTUS developed a seemingly simple test: Does the person(s) have a “reasonable expectant right of privacy”? A simple test that is part objective and part subjective with many factors to be considered.

In this episode Bill discusses the two-prong test and gives examples of several situations that police confront with some regularity. For example, Is the potential evidence in plain view? Is all of a person’s land protected or are their limits? Is it in a common area where others have a right to be present? When trash is bagged for disposal, is it reasonable for the owner to expect that they retain privacy rights all the way to the transfer station?

Jordan and Bill end this episode by opening a wider discussion about the rules governing “Terry Stops” and pat frisks. Stay tuned!

In this episode, Bill and Jordan begin a thorough examination into the complex subject and nature of investigative searches and seizures. 

The 4th Amendment to the U.S. Constitution prevents government officials from conducting “unreasonable searches and seizures”. Under general circumstances, the laws of each state require there be a warrant, approved and signed by a judge or clerk of court, before any search and/or seizure of a person or their property can be performed.

In most prosecutions, searches and/or seizures that resulted in the gathering of critical pieces of evidence are a primary point of contention both in pre-trial hearings and during a criminal trial. In reviewing the pertinent circumstances that led to the recovery of evidence, the court first considers whether the defendant had an “expectant right of privacy” in the area that was searched? If it is determined they did, then the follow-up concern is whether there was a need for a search warrant, or could the prosecutor demonstrate that the search met an exception to the warrant requirement established through previously established caselaw? 

Bill closes out the episode with an explanation of the Exclusionary Rule created by the Supreme Court in the case of Mapp vs Ohio (1961). This landmark decision effectively prevents any ill-gotten evidence from being presented to a jury at trial.

The “weight of evidence” in a criminal trial does not refer to quantity. It is about the relevancy, credibility and persuasiveness to convince one side’s argument over the other. It is about the strength and reliability of what is presented, and the overall impact, not the total number of pieces of evidence presented. 

In this episode Bill and Jordan delve into what is, what isn’t, and what may be accepted as evidence by a judge at trial. They talk about hearsay evidence, and why it is generally prohibited because of the Best Evidence Rule, but they also highlight a few of the legally recognized exceptions to the rule. They also address witness testimony and point out some of the considerations by both the prosecution and the defense in selecting the right people to present critical information at trial.

Listen in to the discussion, and, if you are left with questions or concerns about the episode, please address them in the comments section of www.powersonpolicing.com, and we will highlight and discuss them in our next episode.

Bill and Jordan return after a short winter break and pick up where they left off. Opening with a short recap of the last two episodes, they speak of the differing roles and responsibilities of first responders at crime scenes. Bill offers some insight into their reactions to the unique and unexpected realities presented with each event and crime scene. 

Criminal investigations and prosecutions boil down to whether there is enough evidence to prove beyond a reasonable doubt that a crime or crimes were committed and the individual or people on trial committed or were somehow connected to the crimes. All of the information gathered during the investigation may be deemed critical to proving or disproving the criminal charges, but the judge, acting as the “gatekeeper” determines whether the pieces are relevant, have probative value and are obtained in a lawful manner? Bill explains the legal process that leads to the judge’s rulings.

Listen as Bill clarifies a few legal definitions regarding evidence and explains why and how the road from initial discovery to a presentation before a jury is long, winding, and arduous. The process is complex and before any judicial rulings are made, the information must first be vetted through many sources including, the Rules of Evidence, the Rules of the Court, the Rules of Criminal Procedure, criminal statutes and current caselaw. Literally, several thousand pages of collective information, much of which is in a constant stage of review and updating.

Nothing elevates a police officer’s blood pressure quicker than a radio call dispatching them to a potentially violent crime scene. Thoughts of a swift and safe arrival are quickly overridden with cares and concerns of what they may encounter on arrival, and how they may best deal with all of it. 

Listen as Bill and Jordan discuss a wide-ranging and endless list of potential scenarios and police and other first-responder actions. Bill details and explains the reasons for establishing early, but ever-changing priorities that range from medical care to crime scene preservation, and initial location of victims and witnesses. All reactionary, but with a constant focus on the legal considerations and protections that guide an investigation and allow it to move forward toward an arrest and prosecution.

Characterizing someone based solely on their choice of clothing says more about you than it does them. This is especially true when talking about police officers who dress for work in a distinct, identifying uniform prescribed, designed, and mandated by the authority who employs them. The uniform defines the profession, not the person wearing it.

In today’s episode Bill and Jordan begin with general thoughts and comments about police officers and their responsibilities. Bill addresses situational awareness and police training designed to teach an officer how and when to adapt and adjust to differing circumstances that arise with little or no expectation, or understanding. They discuss the importance of preparedness and readiness and how personal encounters often turn from calm to violent without notice. Their comments explain why an officer cannot be defined or separated in simple terms such as warrior or guardian. The profession demands a necessary blend of both. Bill explains how officers continue to grow and improve as they develop and hone their people skills in both the classroom and the arena of everyday real life. 

Transitioning into a conversation about the legal system, Bill talks about the operational parameters established by caselaw, statute law, the rules of evidence and court and criminal procedure. In short, a police officer responding to a call for help is expected to arrive safely, render medical aid, identify, and protect the crime scene(s), locate witnesses and possibly make an arrest all the while understanding and conforming to the legal rules for each task while operating in the heat and tension of the moment with no time-outs to stop and think through what they are called to do.

Have you ever considered or been curious about the substantial differences in the standard of proof in a criminal vs. civil court action? Why does one require the heavier burden of proof of “beyond a reasonable doubt” and the other simply a finding of a “preponderance of the evidence”? Likewise, why are the rules for the admission of evidence in a criminal trial stricter than they are in a civil action? In this episode Bill Powers talks about the distinctions between the two and explains the judicial reasoning behind them.

Jordan and Bill continue to explain the procedural groundwork that applies in all criminal cases by sorting through the collection of individual rights afforded to all people through the U.S. Constitution and the Bill of Rights. Finally, Bill provides some insight into the Rules of Evidence and how they guide the judge and the attorney’s as to what is admissible for presentation to a jury and what is not.