topic Re: New wrinkle in the Idaho sudent murders in Community Chat

New wrinkle in the Idaho sudent murders

50Mickey — Thu, 26 Jan 2023 12:36:05 GMT

Turns out that the public defender Anne Taylor was representing Xana Kernodle's mother on drug charges. She withdrew from that case 1-5 the same day that she accepted the position to represent the accused killer of her daughter.

According to some legal experts this sets up the very real possibility that Bryan Kroberger, if convicted could likley have this conviction overturned on appeal. The legal experts have said that the state of Idaho has just a few public defenders who are qualified to handle this type of case and this is the reason that Taylor accepted this even though iat appears to be a conflict of interest.

Re: New wrinkle in the Idaho sudent murders

San Antonio Gal — Thu, 26 Jan 2023 13:17:04 GMT

I wonder if the case will be given to another public defender @50Mickey ?

Re: New wrinkle in the Idaho sudent murders

ValuSkr — Thu, 26 Jan 2023 13:50:23 GMT

I think it would be a stretch if Bryan's team tried to appeal based on the defender's supposed conflict of interest. But stranger things have happened. Surely the state of Idaho can find someone else to defend him???

Re: New wrinkle in the Idaho sudent murders

phoenixbrd — Thu, 26 Jan 2023 13:52:41 GMT

The "legal experts" need to intervene and appointment another "one of those few" public defenders who is qualified to handle the case. Given the circumstances, Anne Taylor is not. Of course, this fact can jeopardize the outcome of this case and qualify as the botch of the century. This fact is very unfair to the families who are grieving. They deserve proper retribution.

Re: New wrinkle in the Idaho sudent murders

MorningLover — Thu, 26 Jan 2023 13:53:22 GMT

Daily Mail

"Some speculated that Taylor's appointment to represent Kohberger was one of necessity, because in the small, remote county there was not an abundance of qualified public defenders. Taylor is one of just 13 public defenders in Idaho approved by the state's public defense commission to lead a capital punishment case. She's also the only one in all of North Idaho."

Re: New wrinkle in the Idaho sudent murders

pigletsmom — Thu, 26 Jan 2023 13:55:12 GMT

I would think that they'd make sure he agreed to her representation to avoid him making a claim later.

Re: New wrinkle in the Idaho sudent murders

walkingal — Thu, 26 Jan 2023 14:56:16 GMT

@San Antonio Gal I thought I had read somewhere that he was assigned this particular public defender because she was the only one in that section with experience in death penalty cases.

Re: New wrinkle in the Idaho sudent murders

PickyPicky3 — Thu, 26 Jan 2023 15:40:11 GMT

I remember reading that Taylor had been previously representing Xana's mother. I thought that meant acting as family spokesperson, etc. Not defending her on criminal charges.

Can't believe the reporters covering this case didn't dig this tidbit up sooner. It's public information. And a huge potential conflict of interest.

Does anyone know more of the mother's story beyond "drug possession?"

Newsweek is reporting Taylor still has power of attorney for Mom.

Re: New wrinkle in the Idaho sudent murders

50Mickey — Thu, 26 Jan 2023 16:03:16 GMT

I read that that Taylor had represented the mother on drug charges of possession of a controlled substance when she was arrested a few days after the murder of her daughter. She represented her from 11-19 to 1-5 when she withdrew from the mother's case.

I first heard about this on the Ashley Banfield show on News Nation. She will have an interview with the mother tonight. I am not really sure about this channel. I don't get the impression that it is a hard news channel but I was flipping channels and came across this last night. If you want to hear more about the back story and you get News Nation it will be interesting to hear what the mother has to say tonight.

Re: New wrinkle in the Idaho sudent murders

PickyPicky3 — Thu, 26 Jan 2023 16:25:18 GMT

News Nation says that since Taylor became chief of the Kootenai County public defender office, it has defended Cara Northington four times. The current charge is a felony.

Right now I believe Kohberger is guilty, but a criminal drug connection to one of the victims fits neatly into the reasonable doubt box.

Re: New wrinkle in the Idaho sudent murders

NYCLatinaMe — Thu, 26 Jan 2023 16:53:55 GMT

@50Mickey wrote:
Turns out that the public defender Anne Taylor was representing Xana Kernodle's mother on drug charges. She withdrew from that case 1-5 the same day that she accepted the position to represent the accused killer of her daughter.
According to some legal experts this sets up the very real possibility that Bryan Kroberger, if convicted could likley have this conviction overturned on appeal. The legal experts have said that the state of Idaho has just a few public defenders who are qualified to handle this type of case and this is the reason that Taylor accepted this even though iat appears to be a conflict of interest.

I have not read anything about this other than what @50Mickey has posted, but based on what @50Mickey wrote, the accused should have had to be apprised of the conflict and waived it in order for that attorney to represent him. He may have chosen to do so. If he has not been informed of the conflict AND given the opportunity to request the assignment of different counsel, this is a problem and could taint a conviction. But if the accused knowingly waived the conflict, this is not a problem. So a knowing waiver of the conflict would probably make the representation acceptable. IMO, if the accused did not waive the conflict, the State has to find him other counsel, even if it's private counsel.

Re: New wrinkle in the Idaho sudent murders

NYCLatinaMe — Thu, 26 Jan 2023 16:56:53 GMT

@50Mickey wrote:
I read that that Taylor had represented the mother on drug charges of possession of a controlled substance when she was arrested a few days after the murder of her daughter. She represented her from 11-19 to 1-5 when she withdrew from the mother's case.
I first heard about this on the Ashley Banfield show on News Nation. She will have an interview with the mother tonight. I am not really sure about this channel. I don't get the impression that it is a hard news channel but I was flipping channels and came across this last night. If you want to hear more about the back story and you get News Nation it will be interesting to hear what the mother has to say tonight.

@50Mickey I have not watched News Nation, but I think it is a legitimate news org, just new. Ashley Banfield has been around for many years, covering legal issues.

Re: New wrinkle in the Idaho sudent murders

PickyPicky3 — Thu, 26 Jan 2023 17:31:27 GMT

If I were Kohberger and learned my assigned lawyer knew everything about criminal drug cases against a victim's mother, I would do a happy dance.

Re: New wrinkle in the Idaho sudent murders

tiny 2 — Thu, 26 Jan 2023 17:50:40 GMT

@NYCLatinaMe wrote:
@50Mickey wrote:
Turns out that the public defender Anne Taylor was representing Xana Kernodle's mother on drug charges. She withdrew from that case 1-5 the same day that she accepted the position to represent the accused killer of her daughter.
According to some legal experts this sets up the very real possibility that Bryan Kroberger, if convicted could likley have this conviction overturned on appeal. The legal experts have said that the state of Idaho has just a few public defenders who are qualified to handle this type of case and this is the reason that Taylor accepted this even though iat appears to be a conflict of interest.

I have not read anything about this other than what @50Mickey has posted, but based on what @50Mickey wrote, the accused should have had to be apprised of the conflict and waived it in order for that attorney to represent him. He may have chosen to do so. If he has not been informed of the conflict AND given the opportunity to request the assignment of different counsel, this is a problem and could taint a conviction. But if the accused knowingly waived the conflict, this is not a problem. So a knowing waiver of the conflict would probably make the representation acceptable. IMO, if the accused did not waive the conflict, the State has to find him other counsel, even if it's private counsel.

@NYCLatinaMe, So, is the state responsible for paying the private counsel?

Re: New wrinkle in the Idaho sudent murders

occasionalrain — Thu, 26 Jan 2023 18:16:51 GMT

If the judge assigns a private attorney for a defendant, the state pays. What if the 4AM food delivery was a drug delivery as well? What if the killings were revenge for the mother naming her dealer to get a lighter sentence? What if the second person in Ryan's car was an undercover DEA agent, or had convinced Bryan he was? What if that's the actual reason for the two gag orders?

Re: New wrinkle in the Idaho sudent murders

NYCLatinaMe — Thu, 26 Jan 2023 18:21:45 GMT

@tiny 2 wrote:
@NYCLatinaMe wrote:
@50Mickey wrote:
Turns out that the public defender Anne Taylor was representing Xana Kernodle's mother on drug charges. She withdrew from that case 1-5 the same day that she accepted the position to represent the accused killer of her daughter.
According to some legal experts this sets up the very real possibility that Bryan Kroberger, if convicted could likley have this conviction overturned on appeal. The legal experts have said that the state of Idaho has just a few public defenders who are qualified to handle this type of case and this is the reason that Taylor accepted this even though iat appears to be a conflict of interest.

I have not read anything about this other than what @50Mickey has posted, but based on what @50Mickey wrote, the accused should have had to be apprised of the conflict and waived it in order for that attorney to represent him. He may have chosen to do so. If he has not been informed of the conflict AND given the opportunity to request the assignment of different counsel, this is a problem and could taint a conviction. But if the accused knowingly waived the conflict, this is not a problem. So a knowing waiver of the conflict would probably make the representation acceptable. IMO, if the accused did not waive the conflict, the State has to find him other counsel, even if it's private counsel.
@NYCLatinaMe, So, is the state responsible for paying the private counsel?

Yes, and this is not an unusual situation at all. For example, you may have a crminal case with several defendants. Legal Aid, or whatever entity typically provides legal services to indigent defendants, may not represent more than one defendant, since the interests of the defendants may differ. For example, maybe one was a shooter, and maybe another defendant was just there and got arrested. I have attorney friends that have found that their defendant clients are in fact victims. They can't be represented by the same lawyer. Or one defendant may be willing to testify against the other. We see this on TV shows all the time. In case of a conflict, defendants are entitled to individual counsel. The courts typically have processes for designating counsel. In New York, attorneys who want to handle these cases are screened for their qualfications by a panel and put on a list of attorneys available for appointment. Judges appoint the attorneys. There are also attorneys who volunteer to take cases for no fee. Fees are capped. For example, I just looked, and in the Bronx and Manhattan, rates are $60 per hour for misdemeanors and $75 per hour for felonies. This compares to fees for independently hired attorneys that are commonly $300 and up.

Re: New wrinkle in the Idaho sudent murders

Trailrun23 — Thu, 26 Jan 2023 18:36:26 GMT

One reason the police took so long to arrest Kohberger was to make sure they had an ery clean case that could not be overturned on appeal if they got a conviction. These details like conflict of interest are the very reason killers and other criminals walk free, after their conviction is overturned. I am amazed this is just now being brought to light. They need to find an appropriate public defender quick.

Re: New wrinkle in the Idaho sudent murders

hckynutjohn — Thu, 26 Jan 2023 18:42:06 GMT

@NYCLatinaMe

Is/was this Public Defender representing the mother in her "personal case", which has zero to do with his murder etc trial?

hckynut 🇺🇸

Re: New wrinkle in the Idaho sudent murders

SandySparkles — Thu, 26 Jan 2023 18:53:40 GMT

I am doubtful this will have any meaningful bearing on the case because it was discovered before the trial. It stands to reason the public defender MUST now be replaced so as not to jeopardize the integrity, and successful prosecution of the case! I would wager the state will do everything within its power to make that happen! These families deserve JUSTICE; not a bungled case, for their loved ones!!!😐

~~~All we need is LOVE💖

Re: New wrinkle in the Idaho sudent murders

PickyPicky3 — Thu, 26 Jan 2023 18:55:03 GMT

@hckynutjohn Yes, but at this point it may or may not have something to do with the students' murders. Too early. Definitely conflict of interest.