LasVegas702
VIP Member
I saw this from ABC news video clip about the recent filings from the defense.
The Moscow/Idaho Murders #4
- Thread starter LasVegas702
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LasVegas702
VIP Member
Here are links to the new documents about the Franks hearing request and the 13 documents that support the Frank's hearing request and it's about 160 ish so pages. There is also the 6th Motion to compel and the 19th Supplemental Request for Discovery. I'm not sure what this new judge is going to do about this. But there is a hearing on Jan 23, 2025 about the Discovery Motions and ICR 12 Rule motions too.
DEFENDANT’S SIXTH MOTION TO COMPEL DISCOVERY 11/13/2024
DEFENDANT’S 19th SUPPLEMENTAL REQUEST FOR DISCOVERY 11/13/2024
DEFENDANT’S EXHIBIT LIST FOR DEATH PENALTY MOTION RE: GROUNDS OF ARBITRARINESS 11/13/2024
DEFENDANT’S MOTION FOR LEAVE 11/13/2024
MOTION FOR FRANKS HEARING 11/14/2024
MOTION TO SUPPRESS RE: GENETIC INFORMATION 11/14/2024
MOTION TO SUPPRESS AND MEMORANDUM IN SUPPORT RE: AMAZON ACCOUNT FEDERAL GRAND JURY SUBPOENAS AND WARRANTS DATED APRIL 26, 2023, AND MAY 8, 2023 11/14/2024
MOTION TO SUPPRESS AND MEMORANDUM IN SUPPORT RE: SEARCH WARRANT FOR DEFENDANT’S APARTMENT 11/14/2024
MOTION TO SUPPRESS AND MEMORANDUM IN SUPPORT RE: APPLE ACCOUNT FEDERAL GRAND JURY SUBPOENA AND SEARCH WARRANT DATED AUGUST 1, 2023 11/14/2024
MOTION TO SUPPRESS AND MEMORANDUM IN SUPPORT RE: ARREST WARRANT 11/14/2024
MOTION TO SUPPRESS AND MEMORANDUM IN SUPPORT RE: AT&T FIRST WARRANT 11/14/2024
MOTION TO SUPPRESS CELL PHONE/USB FILE AND MEMORANDUM IN SUPPORT RE: MOSCOW POLICE FORENSIC LAB WARRANT DATED JANUARY 9, 2023 11/14/2024
MOTION TO SUPPRESS AND MEMORANDUM IN SUPPORT RE: GOOGLE WARRANTS DATED 1-3-23, 1-24-23, and 2-24-23 11/14/2024
MOTION TO SUPPRESS AND MEMORANDUM IN SUPPORT RE: PEN TRAP AND TRACE DEVICE 11/14/2024
MOTION TO SUPPRESS AND MEMORANDUM IN SUPPORT RE: SEARCH WARRANT FOR MR. KOHBERGER’S PERSON 11/14/2024
MOTION TO SUPPRESS AND MEMORANDUM IN SUPPORT RE: PENNSYLVANIA SEARCH WARRANT FOR MR. KOHBERGER’S PERSON 11/14/2024
MOTION TO SUPPRESS AND MEMORANDUM IN SUPPORT RE: PENNSYLVANIA SEARCH WARRANT FOR WHITE HYUNDAI ELANTRA BEARING VIN: 5NPDH4AE6FH579860 11/14/2024
MOTION TO SUPPRESS AND MEMORANDUM IN SUPPORT RE: PENNSYLVANIA SEARCH WARRANT FOR 119 LAMSDEN DR., ALBRIGHTSVILLE, PA AND STATEMENTS MADE 11/14/2024
ORDER DENYING MOTION FOR LEAVE 11/14/2024
DEFENDANT’S SIXTH MOTION TO COMPEL DISCOVERY 11/13/2024
DEFENDANT’S 19th SUPPLEMENTAL REQUEST FOR DISCOVERY 11/13/2024
DEFENDANT’S EXHIBIT LIST FOR DEATH PENALTY MOTION RE: GROUNDS OF ARBITRARINESS 11/13/2024
DEFENDANT’S MOTION FOR LEAVE 11/13/2024
MOTION FOR FRANKS HEARING 11/14/2024
MOTION TO SUPPRESS RE: GENETIC INFORMATION 11/14/2024
MOTION TO SUPPRESS AND MEMORANDUM IN SUPPORT RE: AMAZON ACCOUNT FEDERAL GRAND JURY SUBPOENAS AND WARRANTS DATED APRIL 26, 2023, AND MAY 8, 2023 11/14/2024
MOTION TO SUPPRESS AND MEMORANDUM IN SUPPORT RE: SEARCH WARRANT FOR DEFENDANT’S APARTMENT 11/14/2024
MOTION TO SUPPRESS AND MEMORANDUM IN SUPPORT RE: APPLE ACCOUNT FEDERAL GRAND JURY SUBPOENA AND SEARCH WARRANT DATED AUGUST 1, 2023 11/14/2024
MOTION TO SUPPRESS AND MEMORANDUM IN SUPPORT RE: ARREST WARRANT 11/14/2024
MOTION TO SUPPRESS AND MEMORANDUM IN SUPPORT RE: AT&T FIRST WARRANT 11/14/2024
MOTION TO SUPPRESS CELL PHONE/USB FILE AND MEMORANDUM IN SUPPORT RE: MOSCOW POLICE FORENSIC LAB WARRANT DATED JANUARY 9, 2023 11/14/2024
MOTION TO SUPPRESS AND MEMORANDUM IN SUPPORT RE: GOOGLE WARRANTS DATED 1-3-23, 1-24-23, and 2-24-23 11/14/2024
MOTION TO SUPPRESS AND MEMORANDUM IN SUPPORT RE: PEN TRAP AND TRACE DEVICE 11/14/2024
MOTION TO SUPPRESS AND MEMORANDUM IN SUPPORT RE: SEARCH WARRANT FOR MR. KOHBERGER’S PERSON 11/14/2024
MOTION TO SUPPRESS AND MEMORANDUM IN SUPPORT RE: PENNSYLVANIA SEARCH WARRANT FOR MR. KOHBERGER’S PERSON 11/14/2024
MOTION TO SUPPRESS AND MEMORANDUM IN SUPPORT RE: PENNSYLVANIA SEARCH WARRANT FOR WHITE HYUNDAI ELANTRA BEARING VIN: 5NPDH4AE6FH579860 11/14/2024
MOTION TO SUPPRESS AND MEMORANDUM IN SUPPORT RE: PENNSYLVANIA SEARCH WARRANT FOR 119 LAMSDEN DR., ALBRIGHTSVILLE, PA AND STATEMENTS MADE 11/14/2024
ORDER DENYING MOTION FOR LEAVE 11/14/2024
stroppysal
VIP Member
Things finally seem to be moving along. Don't think this new judge wants any more delays. I like him, he seems more experienced than judge judge.
LasVegas702
VIP Member
Family of Idaho murder suspect are 'obviously shocked,' lawyer says
“They don’t believe it to be Bryan. They can’t believe this. They’re obviously shocked," Jason LaBar said of the family of Bryan Kohberger, 28, in an interview with NBC's "TODAY."
www.nbcnews.com
Jan. 3, 2023, 8:49 AM CST
By Julianne McShane
The family of the suspect arrested in the slayings of four University of Idaho students are "obviously shocked" at the first-degree murder charges he faces, his lawyer said in an interview with NBC's "TODAY"on Tuesday, hours before the suspect was expected to appear in court in Pennsylvania for an extradition hearing.
"They don't believe it to be Bryan. They can't believe this. They're obviously shocked," said Jason LaBar, the chief public defender of Monroe County. LaBar is representing Bryan Kohberger, 28, in the extradition request — which he said is not being challenged — but is not part of his murder defense.
"This is certainly completely out of character, the allegations, and really they're just trying to be supportive with the understanding these four families have suffered loss, so they're sympathetic towards that, and that's why it should remain really private, and they don't want to try this case in the court of public opinion," LaBar said.
LaBar said he has visited Kohberger in custody four times since his arrest Friday in northeastern Pennsylvania, about 2,500 miles from the Idaho campus.
He told Savannah Guthrie that the suspect — who was a doctoral student in the criminal justice and criminology department at Washington State University at the time of his arrest — has displayed "a calm demeanor" during the visits and denied the allegations.
"It is a little out of character, he said. This is not him. He believes he’s going to be exonerated — that's what he believes, those were his words, so he’s really been very easy to talk to, actually, and he's in a calm demeanor, like I stated," LaBar said.
LaBar said the hearing Tuesday afternoon could last just a few minutes. Kohberger could be on a plane back to Idaho as early as Tuesday night.
Kohberger's family said in their first public statement Sunday that they are cooperating with law enforcement to “promote his presumption of innocence.”
They also expressed sympathy for the families of the four University of Idaho students who were stabbed to death Nov. 13: Ethan Chapin, 20, of Conway, Washington; Madison Mogen, 21, of Coeur d’Alene, Idaho; Xana Kernodle, 20, of Avondale, Arizona; and Kaylee Goncalves, 21, of Rathdrum, Idaho.
I posted this article because it was shared during a live stream and some people think that Bryan's family has never said anything publicly about supporting Bryan being innocent.
“They don’t believe it to be Bryan. They can’t believe this. They’re obviously shocked," Jason LaBar said of the family of Bryan Kohberger, 28, in an interview with NBC's "TODAY."
Family of Idaho murder suspect are 'obviously shocked,' lawyer says
“They don’t believe it to be Bryan. They can’t believe this. They’re obviously shocked," Jason LaBar said of the family of Bryan Kohberger, 28, in an interview with NBC's "TODAY."
Jan. 3, 2023, 8:49 AM CST
By Julianne McShane
The family of the suspect arrested in the slayings of four University of Idaho students are "obviously shocked" at the first-degree murder charges he faces, his lawyer said in an interview with NBC's "TODAY"on Tuesday, hours before the suspect was expected to appear in court in Pennsylvania for an extradition hearing.
"They don't believe it to be Bryan. They can't believe this. They're obviously shocked," said Jason LaBar, the chief public defender of Monroe County. LaBar is representing Bryan Kohberger, 28, in the extradition request — which he said is not being challenged — but is not part of his murder defense.
"This is certainly completely out of character, the allegations, and really they're just trying to be supportive with the understanding these four families have suffered loss, so they're sympathetic towards that, and that's why it should remain really private, and they don't want to try this case in the court of public opinion," LaBar said.
LaBar said he has visited Kohberger in custody four times since his arrest Friday in northeastern Pennsylvania, about 2,500 miles from the Idaho campus.
He told Savannah Guthrie that the suspect — who was a doctoral student in the criminal justice and criminology department at Washington State University at the time of his arrest — has displayed "a calm demeanor" during the visits and denied the allegations.
"It is a little out of character, he said. This is not him. He believes he’s going to be exonerated — that's what he believes, those were his words, so he’s really been very easy to talk to, actually, and he's in a calm demeanor, like I stated," LaBar said.
LaBar said the hearing Tuesday afternoon could last just a few minutes. Kohberger could be on a plane back to Idaho as early as Tuesday night.
Kohberger's family said in their first public statement Sunday that they are cooperating with law enforcement to “promote his presumption of innocence.”
They also expressed sympathy for the families of the four University of Idaho students who were stabbed to death Nov. 13: Ethan Chapin, 20, of Conway, Washington; Madison Mogen, 21, of Coeur d’Alene, Idaho; Xana Kernodle, 20, of Avondale, Arizona; and Kaylee Goncalves, 21, of Rathdrum, Idaho.
I posted this article because it was shared during a live stream and some people think that Bryan's family has never said anything publicly about supporting Bryan being innocent.
LasVegas702
VIP Member
U of I homicides remain unsolved. What to know about the Moscow police investigating
ALEX BRIZEE
December 2, 2022 at 6:45 PM
www.aol.com
“Home to the University of Idaho.”
Those are the words written above the badge of every officer within the Moscow Police Department. The 36-person police force oversees the buzzing college town of Moscow — which rhymes with ”Costco” — and, now, a quadruple homicide case that remains unsolved.
On Nov. 13, the North Idaho university town was thrown in the national spotlight when four University of Idaho students were stabbed to death in an off-campus home. The four victims — Madison Mogen, Kaylee Goncalves, Xana Kernodle and Ethan Chapin — were found dead in a King Road home just behind new Greek row.
Moscow Police Chief James Fry and his department are investigating one of the largest homicide cases in the city’s recent history. More than 100 law enforcement personnel are assisting the local force, including the Idaho State Police, the FBI and the Latah County Sheriff’s Office.
Who makes up the Moscow Police Department?
At full capacity, the Moscow Police Department has 36 sworn officer positions, which range from chief to officer and everything in between. But agency spokesperson Rachel Doniger told the Statesman by email Friday that the force had five vacant positions.
The Moscow Police Department has assigned at least four detectives, 24 patrol officers, and five support staff personnel for the homicide, according to multiple news releases. That total encompasses over 80% of the department’s staff, including sworn and non-sworn employees.
The mid-sized department polices a city with a population of about 26,000, plus nearly another 12,000 college students who live in the community nine months out of the year.
Fry, a 27-year veteran of the force, took over as police chief in April 2016, the Moscow-Pullman Daily News reported. He replaced former Chief David Duke, who joined the department in 1999 and headed the agency for five years.
Before Fry’s appointment, was captain of the agency’s campus division, which oversees the University of Idaho’s police force. That division is now run by 25-year department veteran Capt. Tyson Berrett.
A Vandal alumnus, Fry graduated with a bachelor’s degree in criminal justice and a master’s in curriculum and instruction, the Moscow-Pullman Daily News reported.
“We care about this community, I care about this community,” Fry told reporters during a Nov. 16 news conference. “I’ve worked here for 27 years, I want this community to be the safest community around.”
Moscow, Idaho, Police Chief James Fry, right, speaks at a news conference Sunday, Nov. 20, 2022, in Moscow on progress in the investigation of the Nov. 13, 2022, stabbing deaths of four University of Idaho students at an off-campus house. At left is Moscow police Capt. Roger Lanier.
Members of the Moscow Police Department’s Investigation Unit and other officers are assisting with the homicide case, Doniger told the Statesman by email. The unit is overseen by Sgt. John Lawrence, who joined the department in 1997 and handles most of the department’s major crimes.
The five additional officers that have been assigned to the homicide investigation include: nearly 17-year veteran Detective Danette Vargas; 14-year veteran Cpl. Justin Deane; four-year veteran Detective Cpl. Brett Payne; 22-year veteran Admin Sgt. Dustin Blaker; and Detective Lawrence Mowery, a forensic computer detective who has been with the department since 2018.
Capt. Anthony Dahlinger previously worked at the Latah County Sheriff’s Office, is nearly an 11-year veteran of the Moscow Police Department and last year was promoted to captain of the services division, which oversees the Investigation Unit. The services division also oversees records, code and parking enforcement, reception, school resource officers, evidence, property and licensing.
Dahlinger declined to comment on how many officers have been trained to investigate a homicide and what the training entailed.
Former Ada County Sheriff Gary Raney, who now consults for other law enforcement agencies, said typically an agency like Moscow has sent one or two of its detectives to training on homicide investigations and crime scenes. Raney also said that while trainings are key, there is a important difference between training and investigating a real homicide — which is why smaller departments rely on outside agencies.
The Idaho State Police and FBI have brought in resources, such as behavior analysis unit investigators and the state police mobile crime scene team, to assist with the case. Raney said agencies like Moscow are “heavily dependent on outside agencies for resources.” Idaho State Police also has experienced detectives and forensics, as well as more manpower to help with patrolling through the community, Raney said.
“I don’t know that any (agency) could independently investigate a crime of this magnitude,” Raney told the Statesman.
The Moscow Police Department’s budget totals about 35% of the city’s general fund in this fiscal year, which began in October, and has steadily increased in recent years, according to the city budget. Out of the city’s $20.3 million budget, $7.2 million will go toward the police department this year.
A little less than half of the police budget covers salaries and wages for the department. Fry is paid $58 an hour, according to Moscow police, which amounts to an annual salary of nearly $121,000 a year.
Moscow homicides remain rare
Homicides are still exceedingly rare in Moscow, with a total of five reported murders occurring in the college town since 2011, according to data from Idaho State Police’s Crime in Idaho reports. The last reported homicide was seven years ago in 2015, the data showed.
In all those cases — except for the 2011 murder of 22-year-old graduate student Katy Benoit — the Moscow Police Department was able to arrest a suspect, who was then prosecuted. Benoit was shot 11 times by a 31-year-old University of Idaho professor whom she previously had a romantic relationship with. The professor died by suicide after he killed Benoit.
In 2016, John Lee was sentenced to life in prison for the 2015 shooting spree that left three people dead. Lee was arrested by police just hours after the shooting.
The 2010 disappearance and subsequent murder of Rachael Anderson wasn’t solved for close to three years until authorities arrested, and later convicted, Anderson’s soon-to-be ex-husband of her murder.
Over the last five years, the most common crimes handled by the Moscow Police Department were simple assault, theft, destruction of property and drug violations, according to data from state police.
The Moscow Police Department cleared about one-fourth of its cases last year, according to Idaho State Police crime reports. Comparatively, the state reported the Lewiston Police Department, which polices a community of roughly 33,000, had a clearance rate of about 44%.
The Moscow Police Department’s clearance rate took a dip in 2020 down to 25.1%, after having a rate of 31% in 2019, according to the state police reports.
ALEX BRIZEE
December 2, 2022 at 6:45 PM
U of I homicides remain unsolved. What to know about the Moscow police investigating
“Let’s give them the benefit of the doubt and trust them because we want them to do the best possible job they can at the end of the day, and that may mean that we don’t know something right now.”
www.aol.com
“Home to the University of Idaho.”
Those are the words written above the badge of every officer within the Moscow Police Department. The 36-person police force oversees the buzzing college town of Moscow — which rhymes with ”Costco” — and, now, a quadruple homicide case that remains unsolved.
On Nov. 13, the North Idaho university town was thrown in the national spotlight when four University of Idaho students were stabbed to death in an off-campus home. The four victims — Madison Mogen, Kaylee Goncalves, Xana Kernodle and Ethan Chapin — were found dead in a King Road home just behind new Greek row.
Moscow Police Chief James Fry and his department are investigating one of the largest homicide cases in the city’s recent history. More than 100 law enforcement personnel are assisting the local force, including the Idaho State Police, the FBI and the Latah County Sheriff’s Office.
Who makes up the Moscow Police Department?
At full capacity, the Moscow Police Department has 36 sworn officer positions, which range from chief to officer and everything in between. But agency spokesperson Rachel Doniger told the Statesman by email Friday that the force had five vacant positions.
The Moscow Police Department has assigned at least four detectives, 24 patrol officers, and five support staff personnel for the homicide, according to multiple news releases. That total encompasses over 80% of the department’s staff, including sworn and non-sworn employees.
The mid-sized department polices a city with a population of about 26,000, plus nearly another 12,000 college students who live in the community nine months out of the year.
Fry, a 27-year veteran of the force, took over as police chief in April 2016, the Moscow-Pullman Daily News reported. He replaced former Chief David Duke, who joined the department in 1999 and headed the agency for five years.
Before Fry’s appointment, was captain of the agency’s campus division, which oversees the University of Idaho’s police force. That division is now run by 25-year department veteran Capt. Tyson Berrett.
A Vandal alumnus, Fry graduated with a bachelor’s degree in criminal justice and a master’s in curriculum and instruction, the Moscow-Pullman Daily News reported.
“We care about this community, I care about this community,” Fry told reporters during a Nov. 16 news conference. “I’ve worked here for 27 years, I want this community to be the safest community around.”
Moscow, Idaho, Police Chief James Fry, right, speaks at a news conference Sunday, Nov. 20, 2022, in Moscow on progress in the investigation of the Nov. 13, 2022, stabbing deaths of four University of Idaho students at an off-campus house. At left is Moscow police Capt. Roger Lanier.
Members of the Moscow Police Department’s Investigation Unit and other officers are assisting with the homicide case, Doniger told the Statesman by email. The unit is overseen by Sgt. John Lawrence, who joined the department in 1997 and handles most of the department’s major crimes.
The five additional officers that have been assigned to the homicide investigation include: nearly 17-year veteran Detective Danette Vargas; 14-year veteran Cpl. Justin Deane; four-year veteran Detective Cpl. Brett Payne; 22-year veteran Admin Sgt. Dustin Blaker; and Detective Lawrence Mowery, a forensic computer detective who has been with the department since 2018.
Capt. Anthony Dahlinger previously worked at the Latah County Sheriff’s Office, is nearly an 11-year veteran of the Moscow Police Department and last year was promoted to captain of the services division, which oversees the Investigation Unit. The services division also oversees records, code and parking enforcement, reception, school resource officers, evidence, property and licensing.
Dahlinger declined to comment on how many officers have been trained to investigate a homicide and what the training entailed.
Former Ada County Sheriff Gary Raney, who now consults for other law enforcement agencies, said typically an agency like Moscow has sent one or two of its detectives to training on homicide investigations and crime scenes. Raney also said that while trainings are key, there is a important difference between training and investigating a real homicide — which is why smaller departments rely on outside agencies.
The Idaho State Police and FBI have brought in resources, such as behavior analysis unit investigators and the state police mobile crime scene team, to assist with the case. Raney said agencies like Moscow are “heavily dependent on outside agencies for resources.” Idaho State Police also has experienced detectives and forensics, as well as more manpower to help with patrolling through the community, Raney said.
“I don’t know that any (agency) could independently investigate a crime of this magnitude,” Raney told the Statesman.
The Moscow Police Department’s budget totals about 35% of the city’s general fund in this fiscal year, which began in October, and has steadily increased in recent years, according to the city budget. Out of the city’s $20.3 million budget, $7.2 million will go toward the police department this year.
A little less than half of the police budget covers salaries and wages for the department. Fry is paid $58 an hour, according to Moscow police, which amounts to an annual salary of nearly $121,000 a year.
Moscow homicides remain rare
Homicides are still exceedingly rare in Moscow, with a total of five reported murders occurring in the college town since 2011, according to data from Idaho State Police’s Crime in Idaho reports. The last reported homicide was seven years ago in 2015, the data showed.
In all those cases — except for the 2011 murder of 22-year-old graduate student Katy Benoit — the Moscow Police Department was able to arrest a suspect, who was then prosecuted. Benoit was shot 11 times by a 31-year-old University of Idaho professor whom she previously had a romantic relationship with. The professor died by suicide after he killed Benoit.
In 2016, John Lee was sentenced to life in prison for the 2015 shooting spree that left three people dead. Lee was arrested by police just hours after the shooting.
The 2010 disappearance and subsequent murder of Rachael Anderson wasn’t solved for close to three years until authorities arrested, and later convicted, Anderson’s soon-to-be ex-husband of her murder.
Over the last five years, the most common crimes handled by the Moscow Police Department were simple assault, theft, destruction of property and drug violations, according to data from state police.
The Moscow Police Department cleared about one-fourth of its cases last year, according to Idaho State Police crime reports. Comparatively, the state reported the Lewiston Police Department, which polices a community of roughly 33,000, had a clearance rate of about 44%.
The Moscow Police Department’s clearance rate took a dip in 2020 down to 25.1%, after having a rate of 31% in 2019, according to the state police reports.
LasVegas702
VIP Member
Andrea Bukhart went over the motions its about 4.5 hrs long and there are time stamps pinned in the comments section
Andrea talks about which motions she thinks are strong and which motions she thinks isn't very strong. and why the defense team is trying to suppress these things.
Lawyer you know went over them too and his video is about 60 minutes long.
Andrea talks about which motions she thinks are strong and which motions she thinks isn't very strong. and why the defense team is trying to suppress these things.
Lawyer you know went over them too and his video is about 60 minutes long.
LasVegas702
VIP Member
From the Case summary page updated today was the responses from the prosecution to the defense's filing for suppression and a Franks hearing, and there is a notice of hearing. There is a motion hearing this Wed. at 2:30 PM Mountain time.
lilyannrose
VIP Member
I know it's what lawyers do, delay and delay and delay not least when there is the death penalty invovled but I cannot believe it is still several months at best before we even start trial.
Those poor families. How they can keep going through this cruel process is beyond. Not that I would want the system to rush and muck up anyone's right to a fair trial but it's shocking to me that is has now been over two years and here we are.
Those poor families. How they can keep going through this cruel process is beyond. Not that I would want the system to rush and muck up anyone's right to a fair trial but it's shocking to me that is has now been over two years and here we are.
LasVegas702
VIP Member
NOTICE OF CLOSED REMOTE HEARING on Dec. 11, 2024 there is going to be a Closed Remote Hearing ( An Ex Parte Hearing for the Defense with the Judge)
So, sorry everyone this wasn't the Franks hearing, like I thought.
So, sorry everyone this wasn't the Franks hearing, like I thought.
LasVegas702
VIP Member
Kootenai County faces public defender shortage
November 3, 2024 1:00 AM
cdapress.com
COEUR d’ALENE — In the month since Idaho’s new public defense system went into effect, some indigent defendants in Kootenai County have appeared in court with no specific public defender to represent them.
Beginning on Oct. 1, public defense services in Idaho’s 44 counties were consolidated into the office of the State Public Defender. The new system was created in response to lawsuits over Idaho’s deficiencies in public defense, but it has led to an exodus of attorneys from county offices and a shortage of public defenders.
A tense exchange in court between First District Judge Tristan Poorman and Ben Onosko, the lead attorney for Kootenai County’s public defense office, appeared to illustrate the situation.
Onosko addressed the court on behalf of a 40-year-old Hayden man who had been in jail since Oct. 16 on charges of grand theft and resisting or obstructing officers.
“(This defendant) would like this court to honor and respect his rights,” Onosko said.
The man was one of three indigent defendants who had been brought from jail to a courtroom on an upper floor of the county’s old courthouse Wednesday afternoon. Though the State Public Defender had been appointed to their cases, none had a specific attorney prepared to represent them.
The Kootenai County office has lost five felony attorneys since July, Onosko said, and no new hires have replaced them. The office has 11 attorneys at present, according to the State Public Defender, with openings for 10 more.
Onosko said the remaining public defenders, only five of whom work felony cases, all have full caseloads and couldn’t take on the three in-custody defendants who appeared in court Wednesday.
“There is certainly a bottleneck of caseloads,” he told the court.
Before the new public defense system went into effect, Kootenai County contracted with more than 30 local private attorneys to represent indigent defendants when there was a conflict of interest or when caseloads were full.
The county paid those attorneys $150 per hour, while the State Public Defender’s rate is set at a nonnegotiable $100 per hour. The state office said the standardized rate will ensure consistency and better service quality.
Some contract attorneys said the new rate is so low that they can no longer afford to provide indigent defense services. Most contract attorneys in Kootenai County chose to let their contracts expire Sept. 30, rather than sign on to work with the state.
Now just six private attorneys have contracted with the state to handle public defense cases in Kootenai County, according to the State Public Defender.
“That is why we’re at a caseload crisis, Your Honor,” Onosko said in court Wednesday. “We simply have no attorneys.”
The state office acknowledged staffing shortages in Kootenai County.
“It is our top priority to fill every vacancy in the office,” Patrick Orr, spokesperson for the State Public Defender, told The Press via email. “We understand the issues they are facing and doing what we can to help. We want every one of those positions filled.”
The office of the State Public Defender maintains that all indigent defendants have representation. Their cases have been assigned to the Kootenai County office, the state office said Friday, and it is the lead attorney’s responsibility to make the assignments and manage the caseload.
For defendants who are in jail, a preliminary hearing must be scheduled within 14 days of their initial court appearance, with some exceptions.
Judges have latitude in determining how to handle situations like the one that came before Poorman this week.
“Courts definitely have a responsibility to ensure defendant’s rights under the Sixth Amendment are protected,” said Nate Poppino, Idaho Supreme Court communications manager. “If representation becomes a concern in the case, the judge will consider the circumstances and any possible prejudices against the defendant in deciding how to move forward.”
Ultimately, the preliminary hearing went ahead for the defendant charged with theft. Poorman found that probable cause existed for only one charge and dismissed the others, then halved the defendant’s bail.
Idaho State Public Defender Eric Fredericksen acknowledged his new office’s “bumpy” first month when he met with Shoshone County commissioners this week.
“One of the biggest struggles we’ve had is North Idaho,” Fredericksen said. “We’ve had a lot of attorneys withdraw from cases. I never anticipated that we’d walk into a system and have 1,500 withdrawals (statewide) in the first two weeks. We’ve worked to cover all those as much as we can.”
Attorneys can’t withdraw from pending cases without permission from the court. The Idaho State Bar issued an ethics opinion in September that said lawyers whose pay will decrease from the county rate face a potential conflict of interest.
When there is a “significant risk” that a lawyer’s representation of clients will be materially limited due to reduced pay to perform the same legal services, the lawyer must seek withdrawal from a pending case, though the court may not allow it if doing so will jeopardize a defendant’s rights.
In Kootenai County, judges have uniformly allowed contract attorneys to withdraw from public defense cases due to financial issues stemming from pay cuts.
Fredericksen said he was surprised to see so many lawyers withdraw from cases.
“Most of the public defenders are dedicated to their clients,” he said. “All it does is harm clients when people get out.”
Coeur d’Alene attorney Safah Riadh is one of the former contract attorneys who chose not to work with the State Public Defender. He said the 1,500 case withdrawals across the state should not have come as a shock, considering he and other attorneys made their intentions clear months in advance.
“We care about our clients,” Riadh said. “Nobody does public defense work to get rich. That said, cutting the pay, not paying paralegals and a slew of problems in the contract — including telling me what I can and cannot do with my money, politically — is a problem. To say that it’s our fault is outrageous and not someone who is taking responsibility for being put on notice that we were all quitting.”
Months before the changeover, anticipating that he would let his contract expire, Riadh stopped taking on new criminal cases. For the handful of child protection cases still on his caseload when the new system went into effect, he took a different approach.
“I didn’t feel ethically right withdrawing from those cases, so I subbed in as a pro bono attorney,” he said.
Some Idaho attorneys say the new system is sorely underfunded. For fiscal year 2025, the Legislature set a budget of $49 million for the state office to administer public defense services in the entire state.
Fredericksen said the budget was based on 2021 financial information and his office will request $70 million for fiscal year 2026.
In the meantime, Riadh said indigent defendants in Idaho are suffering, particularly those who are in jail without a specific attorney prepared to represent them.
“They don’t actually have an attorney, and they shouldn’t be held in jail,” Riadh said. “Nobody’s actually handling their case. That’s a big problem. Everyone is innocent until proven guilty.”
If anyone is wondering Anne Taylor is the former Chief Public Defender of Kootenai County and Jay L. was given the First District Public Defender position starting in July 2024.
November 3, 2024 1:00 AM
Kootenai County faces public defender shortage
In the month since Idaho’s new public defense system went into effect, some indigent defendants in Kootenai County have appeared in court with no specific public defender to represent them.
COEUR d’ALENE — In the month since Idaho’s new public defense system went into effect, some indigent defendants in Kootenai County have appeared in court with no specific public defender to represent them.
Beginning on Oct. 1, public defense services in Idaho’s 44 counties were consolidated into the office of the State Public Defender. The new system was created in response to lawsuits over Idaho’s deficiencies in public defense, but it has led to an exodus of attorneys from county offices and a shortage of public defenders.
A tense exchange in court between First District Judge Tristan Poorman and Ben Onosko, the lead attorney for Kootenai County’s public defense office, appeared to illustrate the situation.
Onosko addressed the court on behalf of a 40-year-old Hayden man who had been in jail since Oct. 16 on charges of grand theft and resisting or obstructing officers.
“(This defendant) would like this court to honor and respect his rights,” Onosko said.
The man was one of three indigent defendants who had been brought from jail to a courtroom on an upper floor of the county’s old courthouse Wednesday afternoon. Though the State Public Defender had been appointed to their cases, none had a specific attorney prepared to represent them.
The Kootenai County office has lost five felony attorneys since July, Onosko said, and no new hires have replaced them. The office has 11 attorneys at present, according to the State Public Defender, with openings for 10 more.
Onosko said the remaining public defenders, only five of whom work felony cases, all have full caseloads and couldn’t take on the three in-custody defendants who appeared in court Wednesday.
“There is certainly a bottleneck of caseloads,” he told the court.
Before the new public defense system went into effect, Kootenai County contracted with more than 30 local private attorneys to represent indigent defendants when there was a conflict of interest or when caseloads were full.
The county paid those attorneys $150 per hour, while the State Public Defender’s rate is set at a nonnegotiable $100 per hour. The state office said the standardized rate will ensure consistency and better service quality.
Some contract attorneys said the new rate is so low that they can no longer afford to provide indigent defense services. Most contract attorneys in Kootenai County chose to let their contracts expire Sept. 30, rather than sign on to work with the state.
Now just six private attorneys have contracted with the state to handle public defense cases in Kootenai County, according to the State Public Defender.
“That is why we’re at a caseload crisis, Your Honor,” Onosko said in court Wednesday. “We simply have no attorneys.”
The state office acknowledged staffing shortages in Kootenai County.
“It is our top priority to fill every vacancy in the office,” Patrick Orr, spokesperson for the State Public Defender, told The Press via email. “We understand the issues they are facing and doing what we can to help. We want every one of those positions filled.”
The office of the State Public Defender maintains that all indigent defendants have representation. Their cases have been assigned to the Kootenai County office, the state office said Friday, and it is the lead attorney’s responsibility to make the assignments and manage the caseload.
For defendants who are in jail, a preliminary hearing must be scheduled within 14 days of their initial court appearance, with some exceptions.
Judges have latitude in determining how to handle situations like the one that came before Poorman this week.
“Courts definitely have a responsibility to ensure defendant’s rights under the Sixth Amendment are protected,” said Nate Poppino, Idaho Supreme Court communications manager. “If representation becomes a concern in the case, the judge will consider the circumstances and any possible prejudices against the defendant in deciding how to move forward.”
Ultimately, the preliminary hearing went ahead for the defendant charged with theft. Poorman found that probable cause existed for only one charge and dismissed the others, then halved the defendant’s bail.
Idaho State Public Defender Eric Fredericksen acknowledged his new office’s “bumpy” first month when he met with Shoshone County commissioners this week.
“One of the biggest struggles we’ve had is North Idaho,” Fredericksen said. “We’ve had a lot of attorneys withdraw from cases. I never anticipated that we’d walk into a system and have 1,500 withdrawals (statewide) in the first two weeks. We’ve worked to cover all those as much as we can.”
Attorneys can’t withdraw from pending cases without permission from the court. The Idaho State Bar issued an ethics opinion in September that said lawyers whose pay will decrease from the county rate face a potential conflict of interest.
When there is a “significant risk” that a lawyer’s representation of clients will be materially limited due to reduced pay to perform the same legal services, the lawyer must seek withdrawal from a pending case, though the court may not allow it if doing so will jeopardize a defendant’s rights.
In Kootenai County, judges have uniformly allowed contract attorneys to withdraw from public defense cases due to financial issues stemming from pay cuts.
Fredericksen said he was surprised to see so many lawyers withdraw from cases.
“Most of the public defenders are dedicated to their clients,” he said. “All it does is harm clients when people get out.”
Coeur d’Alene attorney Safah Riadh is one of the former contract attorneys who chose not to work with the State Public Defender. He said the 1,500 case withdrawals across the state should not have come as a shock, considering he and other attorneys made their intentions clear months in advance.
“We care about our clients,” Riadh said. “Nobody does public defense work to get rich. That said, cutting the pay, not paying paralegals and a slew of problems in the contract — including telling me what I can and cannot do with my money, politically — is a problem. To say that it’s our fault is outrageous and not someone who is taking responsibility for being put on notice that we were all quitting.”
Months before the changeover, anticipating that he would let his contract expire, Riadh stopped taking on new criminal cases. For the handful of child protection cases still on his caseload when the new system went into effect, he took a different approach.
“I didn’t feel ethically right withdrawing from those cases, so I subbed in as a pro bono attorney,” he said.
Some Idaho attorneys say the new system is sorely underfunded. For fiscal year 2025, the Legislature set a budget of $49 million for the state office to administer public defense services in the entire state.
Fredericksen said the budget was based on 2021 financial information and his office will request $70 million for fiscal year 2026.
In the meantime, Riadh said indigent defendants in Idaho are suffering, particularly those who are in jail without a specific attorney prepared to represent them.
“They don’t actually have an attorney, and they shouldn’t be held in jail,” Riadh said. “Nobody’s actually handling their case. That’s a big problem. Everyone is innocent until proven guilty.”
If anyone is wondering Anne Taylor is the former Chief Public Defender of Kootenai County and Jay L. was given the First District Public Defender position starting in July 2024.