The Moscow/Idaho Murders #4

[LasVegas702]

Moscow Police Chief announces plans to retire

• Emily Frint, NonStop Local KHQ Digital Journalist
• Feb 20, 2024 Updated 15 mins ago

https://www.khq.com/news/moscow-police-chief-announces-plans-to-retire/article_c24fdac4-d06a-11ee-993c-83b5d0fab85a.html

MOSCOW, Idaho - The City of Moscow Police Chief, James D. Fry, announced his plans to retire from the Moscow Police Department.

In an announcement made on Tuesday, Fry said he plans to leave the department in May after 29 years with the department. Chief Fry started his career as a reserve officer with the department in 1993 and was hired as a Patrol Officer in June 1995.

During his 29 years, Chief Fry held the ranks of Patrol Officer, Patrol Corporal, Patrol and Detective Sergeant, Services and Detectives' Unit Lieutenant, Campus Division Captain, and eight years as the Chief of Police.

Fry graduated from the University of Idaho with a Bachelor's and Master's degree in Criminal Justice. He also graduated from the FBI National Academy.

"It has been my honor to serve and protect the citizens of Moscow and to contribute to the law enforcement profession throughout my career. The Moscow Police Department has embodied the ethos that to whom much is given, much will be required, and we understand the trust that is placed in our officers in serving their community. I am confident that the culture, leadership, and personnel that we have developed within the Moscow Police Department will continue and the Department will remain the excellent example of professional law enforcement that it is today," Chief Fry said.

In 2016, Chief Fry was appointed by the Idaho Governor to serve on the Idaho School Safety and Security Board. In 2018, he served on the Idaho Peace Officers Standards in Training Council and the Idaho Opioid and Substance Use Disorder Advisory Group in 2019. He also served on the Idaho Police Chief's accreditation team as a guest lecturer for the U of I's Justice Studies program.

The Moscow Police Department said that over the next few weeks, the City will begin the process for the selection and appointment of the City's next Chief of Police.

 

[LasVegas702]

Moscow Police Chief announces plans to retire

• Emily Frint, NonStop Local KHQ Digital Journalist
• 
  
• Feb 20, 2024 Updated 15 mins ago

https://www.khq.com/news/moscow-police-chief-announces-plans-to-retire/article_c24fdac4-d06a-11ee-993c-83b5d0fab85a.html

View attachment 2770526


MOSCOW, Idaho - The City of Moscow Police Chief, James D. Fry, announced his plans to retire from the Moscow Police Department.

In an announcement made on Tuesday, Fry said he plans to leave the department in May after 29 years with the department. Chief Fry started his career as a reserve officer with the department in 1993 and was hired as a Patrol Officer in June 1995.

During his 29 years, Chief Fry held the ranks of Patrol Officer, Patrol Corporal, Patrol and Detective Sergeant, Services and Detectives' Unit Lieutenant, Campus Division Captain, and eight years as the Chief of Police.

Fry graduated from the University of Idaho with a Bachelor's and Master's degree in Criminal Justice. He also graduated from the FBI National Academy.

"It has been my honor to serve and protect the citizens of Moscow and to contribute to the law enforcement profession throughout my career. The Moscow Police Department has embodied the ethos that to whom much is given, much will be required, and we understand the trust that is placed in our officers in serving their community. I am confident that the culture, leadership, and personnel that we have developed within the Moscow Police Department will continue and the Department will remain the excellent example of professional law enforcement that it is today," Chief Fry said.

In 2016, Chief Fry was appointed by the Idaho Governor to serve on the Idaho School Safety and Security Board. In 2018, he served on the Idaho Peace Officers Standards in Training Council and the Idaho Opioid and Substance Use Disorder Advisory Group in 2019. He also served on the Idaho Police Chief's accreditation team as a guest lecturer for the U of I's Justice Studies program.

The Moscow Police Department said that over the next few weeks, the City will begin the process for the selection and appointment of the City's next Chief of Police.

Chief Fry said that he is going on put his name on the ballot for Sheriff of Latah County.

 

[thee_honeybee]

Chief Fry said that he is going on put his name on the ballot for Sheriff of Latah County.

Interesting. Did you see that Reddit comment today talking about the 'real' Anne Taylor ?!

 

[LasVegas702]

Interesting. Did you see that Reddit comment today talking about the 'real' Anne Taylor ?!

Yes it's very interesting about Chief Fry with his May 1, 2024 retirement but also running for Sheriff of Latah County and the person that is currently Sheriff of Latch County, I heard is running for re-election. I wouldn't want Chief Fry over Latah County since he made that comment about BK's being the right guy. I would be worried that he would try to kill BK in jail while waiting for the trial to start. Also Julie Fry, Chief Fry's wife is the clerk of the court.


Mmm "real" Anne Taylor. I'm going to have to check it out. was it from someone that claimed that they know her?!

edited to add: are you talking about this post?

https://www.reddit.com/r/MoscowMurders/comments/1avtule/anne_taylors_craftily_worded_statements/

 

[LasVegas702]

Moscow police chief, who oversaw U of I killings case, to run for sheriff
Feb. 22, 2024 at 6:48 am

Moscow police chief, who oversaw U of I killings case, to retire, run for sheriff

Police Chief James Fry, 54, will retire May 1 after three decades with the department, including the last eight years as chief, to focus on his bid for sheriff.

www.seattletimes.com

The man who guided the Moscow Police Department through the University of Idaho killings and the national spotlight that accompanied them is retiring this spring to run for Latah County sheriff.

Police Chief James Fry, 54, will retire May 1 after three decades with the department, including the last eight years as chief, to focus on his bid for sheriff. The primary election is in May, and the general election is in November.

Fry said he still wants to be involved in law enforcement, still has energy and wants a new challenge.

“Although it’s similar, it’s still new and I think it will be a good challenge,” Fry said. “And if I don’t get elected for some reason, then I will go look for something else.”

Sheriff Richie Skiles said he learned Wednesday of Fry’s intention to run against him. Skiles will seek a third term in November.

He said Fry did a good job as police chief and wished him the best in his retirement.

Fry started as a reserve officer in 1993 and was hired as a patrol officer in 1995. He rose through the ranks before becoming chief in 2016.

Fry graduated from the University of Idaho with bachelor’s and master’s degrees in criminal justice, according to a city of Moscow news release.

He graduated in 2019 from a 10-week training course at the FBI National Academy in Quantico, Virginia. Fry told the Moscow-Pullman Daily News at the time the opportunity is presented to 1% of law enforcement personnel in the U.S.

In November 2022, Fry was thrust into the national limelight after four UI students — Madison Mogen, Kaylee Goncalves, Xana Kernodle and Ethan Chapin — were stabbed to death at a rental home just off the university’s campus.

Fry provided updates on the case at news conferences packed with national and local media and was watched across the country. He and his department, which has over 30 officers, faced criticism by some who said Fry did not provide enough information, and that his department was not equipped to handle a quadruple homicide investigation.

Seven weeks after the killings, police arrested Washington State University graduate student Bryan Kohberger in Pennsylvania.

Fry said the stress that accompanied the Kohberger case played “somewhat of a role” in his decision to retire.

“We moved through that whole process even though it was stressful; we got the job done and we did it right,” Fry said of the homicides investigation. “So, no matter how people think of me, the ultimate thing is we held the integrity of the case at the highest level just like we still are today until it’s completed.”

Moscow Mayor Art Bettge said the harsh criticism Fry and his department received nationally weighed on Fry.

“The chief had to take a lot of that stress on himself because he had to keep the rest of the force focused and working on the case and solving the case,” Bettge said.

The narrative changed drastically when Kohberger was arrested, he said.

“Suddenly, Moscow police and Chief Fry are looking like geniuses,” Bettge said. “That had to be gratifying, but the stress leading up to it had to be blood-pressure raising and just horrific to endure.”

Bettge said Fry handled the chaos as professionally as anyone could have.

“I would say he handled that very professional in the face of some very negative headwinds that went on, and that’s the acme of a professional, is your ability to do your job regardless of what’s been thrown at you by outside entities and people who don’t know the full story,” Bettge said.

Bettge described Fry as a “nice, quiet leader.”

“He preferred to be a little more on the quiet side and just lead by example and make the hard decisions as necessary, but it wasn’t about him,” Bettge said of Fry’s tenure as chief.

Fry lives in Troy, Idaho, with his wife of 32 years, Julie. They have four grown children. Julie Fry was elected as the Latah County clerk in 2022.

Fry and Bettge said they’re proud of the community policing philosophy Fry has helped maintain where protecting and serving residents trumps enforcement.

“We really do work hard with the community and try to build relationships with the community, and I think that has been fostered over the years,” Fry said.

Bettge said, “Community policing was an ideal to which the chief held himself to a high standard, and that percolated throughout the department and has left us with a police department that the citizens of Moscow respect and appreciate what they do.”

Fry said law enforcement changed in several ways in his 30 years.

Moscow police has seen changes of its own during Fry’s tenure as chief. The department got a new police station, brought in its first drug dog and implemented body cameras on officers in the last few years.

The city will start the process for the selection and appointment of the next police chief over the next few weeks, the city said. Bettge said the goal is to hire a new chief by the time Fry retires. Fry said he expects he’ll be involved in the hiring process.

Fry said he wants to be remembered as a chief who did his job to the best of his ability, worked hard to build relationships in the community and made the city safer and better for everyone.

“It’s been a great honor to actually be able to serve this community and work with the officers that we have,” Fry said. “We have a phenomenal group of men and women who do a great job, and I’m very proud of the fact I got to be a part of that.”


GARRETT CABEZA

 

[Danica Catrick]

I agree I don’t understand why Dylan gets questioned so much, if anyone has ever lived in a student house it really isn’t uncommon to hear all sorts and see people you don’t know walking around. If I was in her situation I would probably just have thought it was a drunken argument and it had finished and gone back or to sleep. Waking up at midday is quite common again for students. I highly doubt she thought everyone was getting murdered and thought I know what I won’t call for him I’ll just wait here to be next. I’ve said it before but I do hope when all this comes out they get some vindication there are victims in all of this

Exactly. And when no one answered her calls she probably thought they'd gone to sleep or were having make up sex. I don't really see anything unusual in the surviving housemates behaviour.

 

[thee_honeybee]

Yes it's very interesting about Chief Fry with his May 1, 2024 retirement but also running for Sheriff of Latah County and the person that is currently Sheriff of Latch County, I heard is running for re-election. I wouldn't want Chief Fry over Latah County since he made that comment about BK's being the right guy. I would be worried that he would try to kill BK in jail while waiting for the trial to start. Also Julie Fry, Chief Fry's wife is the clerk of the court.


Mmm "real" Anne Taylor. I'm going to have to check it out. was it from someone that claimed that they know her?!

edited to add: are you talking about this post?

https://www.reddit.com/r/MoscowMurders/comments/1avtule/anne_taylors_craftily_worded_statements/

Sorry I disappeared on you lasvegas. It was that post but the top comment from some guy who does know her. His username is notmetheotherme or something similar. His post history seems to indicate he is a lawyer in Idaho so he may be coming from a genuinely honestly place (but I know it still an anonymous online forum) .

Was pretty interesting. Did you get to read it ?

 

[LasVegas702]

Sorry I disappeared on you lasvegas. It was that post but the top comment from some guy who does know her. His username is notmetheotherme or something similar. His post history seems to indicate he is a lawyer in Idaho so he may be coming from a genuinely honestly place (but I know it still an anonymous online forum) .

Was pretty interesting. Did you get to read it ?

Thank you. That's okay. I saw that person's post and I slimmed like three of them but I need to go back and read it some more of his post.

this last hearing was very interesting and I need to watch it again, I think that Anne did a really good job.

 

[LasVegas702]

Sorry I disappeared on you lasvegas. It was that post but the top comment from some guy who does know her. His username is notmetheotherme or something similar. His post history seems to indicate he is a lawyer in Idaho so he may be coming from a genuinely honestly place (but I know it still an anonymous online forum) .

Was pretty interesting. Did you get to read it ?

Yes I got to read it and but I see your point about it still being an anonymous online forum. because I didn't like the part where he said that he asked Anne what is her defense plan ( I can't remember the right word for it). Because to me that is her work product and that is between her and her client. but on one hand I'm glad that he posted it. He is just going to have to wait like the rest of us. I would think that lawyers wouldn't ask those kinds of questions before the trial. imo.

 

[LasVegas702]

Sorry I disappeared on you lasvegas. It was that post but the top comment from some guy who does know her. His username is notmetheotherme or something similar. His post history seems to indicate he is a lawyer in Idaho so he may be coming from a genuinely honestly place (but I know it still an anonymous online forum) .

Was pretty interesting. Did you get to read it ?

okay I'm more awake now, just to be clear I didn't like where in one post he said that he asked Anne what was her defense strategy but I thought that something like this would be her work product that she would protect until trial and maybe even under attorney client confidentiality. But he said that she wouldn't tell him so that's good on Anne's part if this is true but it also gives me pause but like you said it looks like they have been posting for awhile but mmm. But I'm still glad that he posted because a lot of it does make sense.

there are some people online saying that Anne worked in the prosecution office with Bill and that Bill was her boss. No Anne worked in the prosecution office in Kootenai County.

 

[LasVegas702]

Based on the February 28, 2024, hearing, the Court orders the following:

1. Any Notice of Defense of Alibi must be filed no later than April 17, 2024, if Defendant
   intends to offer a defense of alibi. The Notice must comply with Idaho Code Section 19-519 and "shall state the specific place or places at which the defendant claims to have been at the time of the alleged offense and the names and addresses of the witnesses upon whom he intends to rely to establish such alibi.
2. A hearing on Defendant's Motion for Change of Venue will be held on May 14, 2024, at 1:30 p.m. PT. The hearing will be in-person, open to the public, and streamed live on the Court's YouTube channel. Defendant's brief, witness list, and any evidence the defense wishes to present in support of the Motion for Change of venue must be filed by April 17, 2024. The State's response brief, witness list, and any evidence in opposition to the Motion must be filed by May 1, 2024.
3. The deadline for the State's discovery to be turned over to the defense is September 6, 2024.
4. The deadline for the defense's discovery to be turned over to the State, including mitigation, is January 9, 2025.

 

[LasVegas702]

Latah County beefs up budget for murder case
Kohberger trial and public defense adding costs to budget, while state funding decreasing

• By Anthony Kuipers Daily News staff writer
• Sep 13, 2023 Updated Sep 13, 2023

https://dnews.com/local/latah-county-beefs-up-budget-for-murder-case/article_ac319ed1-9a4a-5b94-8f3c-d2659c93e6a8.html

Latah County recently approved its fiscal year 2024 budget that includes a sizable increase in trial expenses as a result of the Moscow quadruple murder case.

In June, Latah County Prosecutor Bill Thompson presented his office’s proposed budget to the Latah County Commissioners.
He requested $135,000 for trial expenses, a significant jump from the $15,000 that has been consistently budgeted for that purpose in previous years. That expense was approved last week.

Thompson’s office is preparing for what is expected to be a long and complex trial of Bryan Kohberger, who faces four counts of first-degree murder and one count of burglary charges in the November stabbing deaths of University of Idaho students Kaylee Goncalves, Madison Mogen, Xana Kernodle and Ethan Chapin

Kohberger’s trial, which was initially scheduled for Oct. 2, was postponed indefinitely after the suspect waived his right to a speedy trial.
According to Thompson’s request in June, trial expenses include paying for the services of expert witnesses, witness travel fees, transcript fees and exhibit displays.

The county’s fiscal-year 2024 budget is also complicated by the fact that it will have less available funding for public defense next year.

As a result of the 2022 Idaho Legislature passing House Bill 735, Idaho will take over funding for public defense in Idaho counties starting in fiscal year 2025.

In the meantime, however, counties will be required to reduce the amount of tax dollars it uses to fund public defense. This leaves a gap in funding for Latah County, which will lose more than $400,000 in tax dollars to pay for public defense services.

“It’s really frustrating,” Latah County Commissioner Tom Lamar said. “The state of Idaho in their actions is not making it easy for counties to manage themselves.”

During last week’s public hearing on the county’s budget, Lamar said the county is required to fund public defense but the state is “cutting the legs out from under us.”

Lamar said this shortage in revenue means the county will not be able to staff certain offices that need new staff.

“So it’s going to be harder for us to provide the services that Latah County residents deserve,” he said.

 

[LasVegas702]

Latah County beefs up budget for murder case
Kohberger trial and public defense adding costs to budget, while state funding decreasing

• By Anthony Kuipers Daily News staff writer
• 
  
• Sep 13, 2023 Updated Sep 13, 2023

https://dnews.com/local/latah-county-beefs-up-budget-for-murder-case/article_ac319ed1-9a4a-5b94-8f3c-d2659c93e6a8.html

Latah County recently approved its fiscal year 2024 budget that includes a sizable increase in trial expenses as a result of the Moscow quadruple murder case.

In June, Latah County Prosecutor Bill Thompson presented his office’s proposed budget to the Latah County Commissioners.
He requested $135,000 for trial expenses, a significant jump from the $15,000 that has been consistently budgeted for that purpose in previous years. That expense was approved last week.

Thompson’s office is preparing for what is expected to be a long and complex trial of Bryan Kohberger, who faces four counts of first-degree murder and one count of burglary charges in the November stabbing deaths of University of Idaho students Kaylee Goncalves, Madison Mogen, Xana Kernodle and Ethan Chapin

Kohberger’s trial, which was initially scheduled for Oct. 2, was postponed indefinitely after the suspect waived his right to a speedy trial.
According to Thompson’s request in June, trial expenses include paying for the services of expert witnesses, witness travel fees, transcript fees and exhibit displays.

The county’s fiscal-year 2024 budget is also complicated by the fact that it will have less available funding for public defense next year.

As a result of the 2022 Idaho Legislature passing House Bill 735, Idaho will take over funding for public defense in Idaho counties starting in fiscal year 2025.

In the meantime, however, counties will be required to reduce the amount of tax dollars it uses to fund public defense. This leaves a gap in funding for Latah County, which will lose more than $400,000 in tax dollars to pay for public defense services.

“It’s really frustrating,” Latah County Commissioner Tom Lamar said. “The state of Idaho in their actions is not making it easy for counties to manage themselves.”

During last week’s public hearing on the county’s budget, Lamar said the county is required to fund public defense but the state is “cutting the legs out from under us.”

Lamar said this shortage in revenue means the county will not be able to staff certain offices that need new staff.

“So it’s going to be harder for us to provide the services that Latah County residents deserve,” he said.

Just so that everyone is clear this article is from 2023 and I posted it because John Webb did a video segment about that cost of the Idaho 4 case and he filed a requested with the courts about the cost. But this information was already available in the court website. Also John Webb is an Alum of U of I too.. John Webb is working out of Washington state too. I thought it was a local reporter out of Idaho state all this time, oops. But I heard that death penalty cases cost a lot of money all across the US not just Idaho state. But also John Webb also just recently interviewed James Fry who said that he is retiring in May and he also said that he is running for Sheriff for Latah County. But someone said that James Fry has yet to file any paperwork to run Sheriff of Latah County as of yet. I heard that there is like three people running for Sheriff of Latah County but James Fry and the current sheriff of Latah county both have yet to file documents to confirm that they are running this Nov 2024.

I'll post a link to the video segment that was done by John Webb



and here is a link to Judge Judge's response to the open records request

https://s3.us-west-2.amazonaws.com/isc.coi/CR29-22-2805/2024/022824-Response-to-Public-Records-Request.pdf

 

[LasVegas702]

There are two new documents for this case and I'm guess it's about the IGG information.
---

There are two new documents for this case and I'm guess it's about the IGG information.

okay I was waiting to see what was going on with the Protective order by Judge Judge so it is also sealed too. Now it explains why it's not on the other page where you can see the documents.

 

[LasVegas702]

Attorneys representing Moscow murder suspect appeals to Idaho Supreme Court
Bryan Kohberger's defense team is appealing a district court judge's decision to deny the motion to toss his grand jury indictment.

https://www.krem.com/article/news/special-reports/attorneys-representing-moscow-murder-suspect-appeals-idaho-supreme-court/277-34046c49-b31a-4e1c-8d4b-4ad4e54e87be

Author: Morgan Romero
Published: 10:03 PM PST March 6, 2024
Updated: 10:03 PM PST March 6, 2024

BOISE, Idaho — Attorneys representing the man accused of murdering four University of Idaho students are asking the Idaho Supreme Court to step in on a recent decision by the district court judge overseeing the case.

According to newly released court documents, Bryan Kohberger's defense is appealing Latah County District Court Judge John Judge's decision not to toss Kohberger's grand jury indictment.

Kohberger's attorneys argue the indictment should be thrown out due to inaccurate grand jury instructions. They argue the standard for a grand jury to indict should be "beyond a reasonable doubt" rather than "probable cause."

They also want the indictment dismissed due to a biased grand jury, inadmissible evidence, a lack of sufficient evidence and prosecutorial misconduct.

After the district judge denied the attorney's multiple attempts to have the grand jury indictment thrown out, court records show his attorneys went to the Idaho Supreme Court in early February to appeal from "interlocutory orders."

When Judge asked for an update on that permissive appeal during Kohberger's hearing on Feb. 28, the state confirmed it filed an objection.

"We're waiting to hear from the Supreme Court. I can tell you there's no deadline for them. They didn't include a deadline for themselves. In my experience, it can take a couple of weeks to a month or so," a state attorney said. "So, at this point, we are still waiting to hear."

There is still no trial date set for Kohberger.

A hearing is scheduled for April 17. The judge will hear the argument regarding Kohberger's request to move the trial out of Latah County.

 

[LasVegas702]

Attorneys representing Moscow murder suspect appeals to Idaho Supreme Court
Bryan Kohberger's defense team is appealing a district court judge's decision to deny the motion to toss his grand jury indictment.

https://www.krem.com/article/news/special-reports/attorneys-representing-moscow-murder-suspect-appeals-idaho-supreme-court/277-34046c49-b31a-4e1c-8d4b-4ad4e54e87be

Author: Morgan Romero
Published: 10:03 PM PST March 6, 2024
Updated: 10:03 PM PST March 6, 2024

BOISE, Idaho — Attorneys representing the man accused of murdering four University of Idaho students are asking the Idaho Supreme Court to step in on a recent decision by the district court judge overseeing the case.

According to newly released court documents, Bryan Kohberger's defense is appealing Latah County District Court Judge John Judge's decision not to toss Kohberger's grand jury indictment.

Kohberger's attorneys argue the indictment should be thrown out due to inaccurate grand jury instructions. They argue the standard for a grand jury to indict should be "beyond a reasonable doubt" rather than "probable cause."

They also want the indictment dismissed due to a biased grand jury, inadmissible evidence, a lack of sufficient evidence and prosecutorial misconduct.

After the district judge denied the attorney's multiple attempts to have the grand jury indictment thrown out, court records show his attorneys went to the Idaho Supreme Court in early February to appeal from "interlocutory orders."

When Judge asked for an update on that permissive appeal during Kohberger's hearing on Feb. 28, the state confirmed it filed an objection.

"We're waiting to hear from the Supreme Court. I can tell you there's no deadline for them. They didn't include a deadline for themselves. In my experience, it can take a couple of weeks to a month or so," a state attorney said. "So, at this point, we are still waiting to hear."

There is still no trial date set for Kohberger.

A hearing is scheduled for April 17. The judge will hear the argument regarding Kohberger's request to move the trial out of Latah County.

Here are the screenshots of the appeal to the Supreme Court of Idaho One is from the defense and one is from the state objecting to the defense request and both are under seal .

 

[Tryger88]

Is it normal for a case like this to take so long to set a trial date (sorry if already asked and answered)

 

[LasVegas702]

Is it normal for a case like this to take so long to set a trial date (sorry if already asked and answered)

Only like 50% of the murder cases in the US are solved. Some murder cases take years before there is even an arrest and this case got an arrest in 6 weeks.

Nearly half of US murders going unsolved, data show

In 2021, only 51% of homicides were solved, according to FBI statistics analyzed by the Murder Accountability Project.

thehill.com

But I found this article from 2009 about murder criminal cases they usually take awhile.

Why do murder cases drag on for so long? ROB WATERS - STAFF WRITER UPDATED SEPTEMBER 22, 2009 7:44 AM
This story was originally published March 8, 2009, 12:00 AM.

https://www.newsobserver.com/news/local/crime/article10351451.html

On Thursday, thousands of people gathered at UNC-Chapel Hill to remember slain student leader Eve Carson on the one-year anniversary of her fatal shooting.

Demario Atwater, 22, and Laurence Alvin Lovette, 18, both of Durham, were arrested shortly after the killing and charged with murder in Carson's death. It will be months before either of them goes to trial.

Nothing unusual about that. Murder cases take a long time to make their way through the justice system in North Carolina. The median age of a murder case at resolution -- by verdict, plea or dismissal -- was 528 days last year.

Atwater's case is somewhat unusual in that he faces federal charges as well, and it's unclear whether his federal or state trial will occur first.

Wake County District Attorney Colon Willoughby and trial attorney Jim Cooney gave their insights on why murder cases take so long in interviews with Sunday Focus editor Rob Waters.

PROSECUTORS OFTEN GO FOR THE DEATH PENALTY. THAT REQUIRES EXTRA PREPARATION BY TRIAL LAWYERS

James P. Cooney III of Charlotte is regularly ranked as one of North Carolina's top trial lawyers.

Q: Why do these cases take so long to go to trial?

A: District attorneys declare just about every murder case a capital case. In North Carolina, there's hardly a murder you can think of that doesn't fit some definition of a capital crime.

That puts the case on a whole other track. It means that in addition to preparing for the guilt phase of the trial, you have to prepare for the sentencing hearing that follows if there's a conviction -- you're doubling up.

Last year, of all the homicides initially declared capital cases, only a few actually went to trial as capital cases -- and there was just one death sentence.

Q: So prosecutors initially file a case as a capital case, then back off?

A: Yes, often a lot later. The overall pool starts out big. DAs are going to do what the system permits to gain leverage -- they'll go capital on everything and work their way down if forced to.

A defense lawyer doesn't know at the outset which ones will end up as capital cases, so you have to prepare every one as if it's going to be. It's very expensive.

Q: Has the open-file discovery law changed things?

A: Only in the sense that it allows prosecutors and defense lawyers to have more rational discussions about a case, because there are no secrets.

Q: Does the side with the weaker case sometimes drag its feet?

A: I don't think so. It takes time to prepare a capital case. We're under obligation to examine the entire life of a defendant. You must be ready to go to the penalty phase right away -- the judge won't give you additional weeks to prepare. It's not a question of "Gee, why don't we stretch it out and hope that victims and witnesses move away or forget?" That doesn't happen in murder cases. Prosecutors get as many resources as they need for these cases.

Q: How much of a problem is scheduling? Are judges and courtrooms in short supply?

A: We have fewer judges per capita in North Carolina than any other state our size. Allocation of resources is a big issue -- everything stretches out because it's hard to find court time.

Q: Is anybody looking out for the victim's family as cases drag on?

A: I can understand the pain that victims go through as the system grinds out these cases. However, the overwhelming majority of these defendants are in jail, without bond.

And remember, there have been a number of people wrongfully convicted in this state. The most important thing we can do is get it right the first time.

Pushing cases without adequate time to prepare will not alleviate victims' pain if we convict the innocent or make mistakes that will require doing it over again.

DELAYS HAVE MANY CAUSES INCLUDING COMPLEX RULES, HEAPS OF INFORMATION, SCRUTINY OF LAWYERS' EFFORT

Colon Willoughby is Wake County district attorney.

Q: Why do these cases drag on?

A: Murder trials have become increasingly complex and hypertechnical, especially when it's a capital case. The investigations tend to be much more exhaustive. Law enforcement officers do a much more complete job than they did 22 years ago when I started prosecuting cases. That forces defense lawyers to do more investigative work as well.

Q: Are there other factors?

A: Open-file discovery [the requirement that prosecutors share all investigative files with the defense] often provides thousands of pages of information gathered in an investigation. A lot is useless, but defense lawyers must still go through it exhaustively.

Q: Does the side with the weaker case sometimes try to delay?

A: That happens. If you're in a position of weakness, you're often not in a hurry to go to trial. In general, most delays are generated by the defense, and delays usually work against the prosecution. It's difficult to keep up with witnesses. Memories become more frail. It's difficult to keep up with the physical evidence.

Q: Are multiple-defendant cases part of the problem?

A: Yes. They add complexity. When there are co-defendants to be tried for the same murder, it adds the scheduling conflict for two or three or four lawyers. It's difficult to set definite trial dates.

Q: Defense lawyers say DAs overuse the threat or reality of a capital murder charge, when in fact few cases end up being tried that way. What say you?

A: This is a red herring. Last year I think there were only six murder cases tried capitally in North Carolina. The difficulty comes from Rule 24 that requires prosecutors to give notice early whether they have evidence of aggravating factors and may try the case capitally. This is often required before an investigation is complete. It forces prosecutors to designate a case as potentially capital prematurely. That prompts the defense to exhaust every opportunity to avoid a death penalty. Rule 24 is not working the way it was intended.

Q: The delays can leave the family of a murder victim hanging.

A: I agree. It's of little comfort to a victim's family when a case is delayed for a year or two or three.

Q: Can anything be done?

A: Short of accepting plea bargains and giving away cases, there's not a very workable solution.

Q: The drawn-out process is expensive too, right?

A: There's a tremendous expense involved. In every capital case and many other murder cases, defense lawyers know that if a client is convicted, everything they do will be scrutinized. They know that at some point they'll be accused of failing to exercise a proper standard of care. It's a lot like the defensive medicine practiced by physicians -- they go to great lengths to chase down information or leads of little or no value because they know it will be scrutinized in "what-if" situations.

Hopefully this article helps out.

There is one defense attorney on YouTube that said that she thinks that the suspect was arrested on LE hoping to find the supportive evidence they need after his arrest, e.g. his apartment, his car, his office and his apartments home. He may be guilty. IDK.

But there is another document by the defense asking for additional deadlines and I'm glad she did that. Because someone pointed out that this isn't Anne's first death penalty case which is true but I like this the second death penalty case for Bill Thompson the prosecutor and the Judge Judge. Another is that Anne states that they are working on BK's case all the time but Anne and the defense team do have other cases. In fact, Anne just had one case that ended in Dec 2023, and the co counsel, Jay Lodgson, both worked on that case.

 

[LasVegas702]

Is it normal for a case like this to take so long to set a trial date (sorry if already asked and answered)

Also Chad Daybell June 9, 2020 and his trial is suppose to start April 2024 but that may not happen and also his Lawyer John Prior complained about not getting evidence turned over to him and he was yelling and screaming in court but also he's male and also he's a private lawyer too. Anne Taylor is public defender and he is female. We all know how it goes if you are assertive at work, we get called that word that starts with a B. This case is in Idaho state too. Idaho had sent some of the DNA testing out of state to CA state because of the DNA testing backlog in Idaho state.

Lori Vallow Daybell was arrested Feb 20, 2020 and she went to trial like in the summer of June 2023. and her case was in Idaho state too.

 

[LasVegas702]

this story is out of Colorado about a CBI DNA analyst

and I think that this is why Anne Taylor asked the state for a list of errors 6 months before a certain date and 6 months after a certain date.