OpenCDA

January 24, 2023

Who Did His Applicant Interview at WSU?

Filed under: General — Tags: , — Bill @ 7:44 pm

It may surprise OpenCdA readers outside 10 counties of North Idaho to hear that we do occasionally get murders committed up here. Among those relatively few incidents, even fewer are multiple homicide incidents that will be charged and prosecuted as first-degree murder.

Consequently, many people here were genuinely shocked and surprised when we learned that on November 13, 2022, between 3 a.m. and 4 a.m., University of Idaho students Madison Mogen, Xana Kernodle, Kaylee Goncalves, and Ethan Chapin had been stabbed to death while sleeping inside their home on Kings Road in Moscow (Latah County), Idaho. Two other residents of the house were unharmed.

Then on December 30, 2022, we learned that a suspect in the four homicides, Bryan Christopher Kohberger, age 28, had been arrested in Pennsylvania and would be extradited back to Moscow to be formally charged and tried for the murders.

Almost as shocking and surprising as the homicides themselves was the revelation that at the time Kohberger allegedly committed them, he was pursuing a PhD in Criminal Justice and Criminology at Washington State University (WSU) and living in Pullman, Washington, about eight miles from Moscow. He was also a Teaching Assistant in the Criminal Justice and Criminology Department. Prior to enrolling at WSU, Kohberger had earned his bachelor’s degree in psychology and master’s degree in criminal justice at DeSales University in Center Valley, Pennsylvania.  

The Idaho criminal justice system will deal appropriately with Kohberger in the continuing investigation and eventual trial. We’ll have to wait until the trial for some the answers relating to the crime itself.

However I believe there are some logical questions WSU System President Kirk Schulz should insist be answered immediately to see if there are any necessary improvements that can be made in the admissions and hiring processes for graduate students and faculty in the Department of Criminal Justice and Criminology.

  • Who from the WSU Department of Criminal Justice and Criminology personally interviewed Kohberger prior to his admission to the doctoral program?  
  • What did the interviewers hope to observe and to learn that they did not already know from reviewing Kohberger’s application materials?
  • How had the interviewers prepared to conduct Kohberger’s interview?  Had they researched and read all available records and writings (including social media) about and by Kohberger?  Had they spoken to instructors and students from his graduate program in Pennsylvania?  Had they reviewed his employment, education, and criminal history?  
  • Did Kohberger’s interviewers have extensive law enforcement, counterintelligence, or other career experience interviewing to detect deception and assess behavioral anomalies?   Were they professionally experienced eliciting information that might have revealed malevolent intent or raised questions about Kohberger’s suitability for a criminal justice career?
  • Had any of Kohberger’s interviewers ever worked in occupations in which their regular duties required them to have and exercise the legal authority to determine if an interviewee should be involuntarily committed for psychiatric evaluation?
  • What were Kohberger’s career aspirations?  Why was he seeking a doctoral degree now?  Why did Kohberger decide to apply specifically to WSU’s doctoral program in Criminal Justice and Criminology?  Had he applied to other institutions’ doctoral programs and been rejected?  If so, which programs had rejected him and why?

Graduates pursuing any advanced degree from WSU’s Department of Criminal Justice and Criminology may be employed in a wide range of occupations. In some occupations such as law enforcement, their duties and obligations will require them to make timely and accurate assessments of a person’s state of mind, particularly an assessment of whether the person being interviewed represents a danger to himself or others. It seems reasonable to require that the Department of Criminal Justice and Criminology should be making that assessment of its applicants for its master’s and doctoral programs.

May 30, 2020

Will the Lynching Be Televised?

Filed under: Probable Cause — Tags: , , — Bill @ 3:05 pm

Floyd Newsphoto Composite

 

“What lynching?” you ask.

Why, the lynching of former Minneapolis police officer Derek Chauvin, of course.

It seems as if every maggot-bait national and syndicated radio and television talk show host and pundit and every television and NPR network skews reader who has watched the eight-minute video of Chauvin with his knee on the side of the neck of George Floyd has already publicly convicted former Officer Chauvin of first or second degree murder.  No presumption of innocence, no indictment, no trial by jury of his peers based on admissible evidence.  Just lynch him in public for all to see.

Hiding under their desks,  Minnesota Governor Walz, his Antifa-friendly Attorney General Keith Ellison, and Minneapolis Mayor Jacob Frey seem to desperately hope that maybe rushing to lynch Chauvin will stop the anarchists populating those two highly respected civil rights organizations, Black Lives Matter and Antifa, from burning and looting Minneapolis in memory of George Floyd.   And if using Chauvin’s lynching to sate the blood lust of public officials, anarchists, and entertainers isn’t enough, Walz, Ellison, and Frey might be persuaded to use the same gallows and drop the door from beneath former officers Lane, Kueng, and Thoa for good measure.  Serial lynchings!

No need to bother with a complete and impartial investigation.  Don’t bother with an evidence-supportable charge.  Isn’t the video enough evidence?  And certainly don’t bother with a trial based on a presumption of innocence.  Just march Chauvin out to the gallows, fit the noose over his neck, pull the lever, listen for the neck snap, and wait for any neural post-mortem twitching to stop.  Justice will have been done, won’t it?

Before you start ordering pizza for snacking while watching the lynching, though, please humor me.  I have a few questions. (more…)

September 5, 2018

A Snub? Or a Potential Threat Within Arms Reach?

Filed under: Probable Cause — Tags: , , , — Bill @ 12:55 pm

Guttenberg-Kavanaugh-handshake-Associated-Press-640x480

You may remember seeing this photo in the skews media today.  It was taken by Associated Press Photographer Andrew Harnik.  The man on the right (blue tie) is Federal District Judge Brett Kavanaugh, President Trump’s nominee to be an Associate Justice of the US Supreme Court.  The man on the left (hand extended) is Fred Guttenberg, the father of one of the Parkland, Florida, school shooting victims.

The photograph captures Guttenberg, an invited guest of California Senator Dianne Feinstein, approaching Judge Kavanaugh as the Judge had just arisen from the witness table after testifying in the first day of his confirmation hearing before the US Senate Judiciary Committee.   The photo accompanied the Breitbart online article headlined Debunked:  Anti-Trump Parkland Dad Targets Brett Kavanaugh With Handshake Stunt lede paragraph which read:

Democrats are swooning over the accusation that Judge Brett Kavanaugh snubbed Fred Guttenberg, whose daughter Jaime was killed in the Parkland, Florida mass shooting, when Guttenberg tried to shake his hand at his confirmation hearing on Tuesday.

Regardless of what you might think of Breitbart’s credibility, the linked article’s story provides more contextual information that most of the stories which appeared in the legacy skews media.

The Breitbart story and the accompanying photo has some details that raise questions.

1.  How do you read the expression on Judge Kavanaugh’s face?

To have consciously and intentionally “snubbed Fred Guttenberg,” Judge Kavanaugh would have to have immediately recognized Guttenberg or at least have heard enough from what Guttenberg said to have arrived at a decision to “snub” Guttenberg.

My reading of Judge Kavanaugh’s expression is,  “Who the hell are you?”  The Judge, his wife, his daughters, and his mother had just been required to calmly sit and endure the infantile behavior of several Democrat Senators on the Judiciary Committee.  His wife had felt compelled to remove his two daughters from the hearing for their safety because of the admittedly choreographed disruptive and near-violent behavior by people seated behind them in the audience.

And a memory of Federal District Judge John M. Roll may have flashed across Judge Kavanaugh’s mind.

2.  Did Senator Diane Feinstein of California suggest or otherwise encourage Guttenberg to approach Judge Kavanaugh when she invited him to be her guest at the hearing? If so, was it her intent and hope Kavanaugh might react to Guttenberg in some way that the legacy media could twist into an embarrassing accusation to jeopardize his nomination?

3.  Had Senator Feinstein,  Protest Choreographer Senator Chuck Schumer and his Assistant Protest Choreographer Senator Dick (appropriately named!) Durbin forewarned Judge Kavanaugh or his security detail that Guttenberg was going to be in the audience and that he might try to speak with Judge Kavanaugh?

4.  Who was responsible for providing personal security and protection for Judge Kavanaugh and his family inside the hearing room?  If it was the US Capitol Police, why did they allow Guttenberg (or anyone else not known to them) to approach him as Guttenberg did?

Assuming he was surprised at the presence of a person unknown to him and approaching and already in arm’s reach of him, Judge Kavanaugh did exactly the right thing by not shaking hands with Guttenberg, not saying anything to him, and then quickly turning and walking away.

I wish whoever was responsible for Judge Kavanaugh’s and his family’s personal security inside the Judiciary Committee hearing room had reacted more quickly and as appropriately as the Judge did.

August 24, 2018

Three Worth Reading

Filed under: Probable Cause — Tags: , , , — Bill @ 11:51 am

Hoax+Comp+AO

When the 2016 Republican National Convention delegates nominated Donald J. Trump to be the party’s presidential nominee on July 19, 2016, it generated more of a shock inside the Republican Party than it did with the Democrats.   After all,  “everyone” including many Republicans knew and accepted that 2016 was going to be the year of the first woman President of the United States.  She was to be Hillary Clinton.  (more…)

June 14, 2018

DoJ OIG Final Report – FBI & DoJ Interference in 2016 Election

06-14-2018 OIG Report CoverThe long-awaited US Department of Justice, Office of Inspector General’s report concerning the FBI’s and DoJ’s interference in the 2016 election was released Jkune 14, 2018.  Here is a link to the 568-page (some pages blank) report.

I’m sure some readers will disagree with my characterization “the FBI’s and DoJ’s interference.”  Read the report and come to your own conclusions.  My opinion, a conclusion, is that they interfered, and that inteference seems to be continuing even now by the FBI’s and DoJ’s unlawfully withholding information Congress needs to perform its Constitutionally-required oversight.

Spontaneous statements can be valid indicators of state of mind.

The text messages between two high-up FBI employees, Lisa Page and Peter Strzok, were spontaneous, not scripted.  One (see page 402 headed August 8, 2016) that was particularly chilling.  It read:

“In a text message on August 7, 2016, Page stated, “[Trump’s not ever going to become president, right?  Right?!”  Strzok responded, “No.  No he’s not.  We’ll stop it.” [emphasis mine]

Keep in mind that Peter Strzok was not some hump brick agent — he is an FBI Deputy Assistant Director.  Lisa Page was the Special Counsel to FBI Deputy Director Andrew McCabe.   It’s fair to wonder just how far they would be willing to go to stop Donald J. Trump from being elected President.

And yet in a press conference Thursday, FBI Director Christopher Wray reiterated what was asserted in the report:  There was nothing in the FBI’s conduct of the investigation that indicated political bias.   (more…)

May 25, 2018

House Conservatives Call for Another Special Counsel

Filed under: Probable Cause — Tags: , , — Bill @ 3:10 pm

House of Reps logoSeveral members of the US House of Representatives introduced a House Resolution today calling for the appointment of a second Special Counsel to look into alleged wrongdoing by the Federal Bureau of Investigation (FBI) and its parent department, the US Department of Justice (DOJ) during the 2016 presidential campaign.

Specifically, the resolution calls on the Attorney General of the United States to, “…appoint a Special Counsel to investigate misconduct at the Department of Justice and Federal Bureau of Investigation, including an investigation of abuse of the FISA warrant process, how and why the Hillary Clinton probe ended, and how and why the Donald Trump-Russia probe began.”

Today’s House Resolution, even if passed, will have no effect in law but is only an expression of opinion or intention.  Its 57 recitals form a useful synopsis of the reasons offered by the Resolution’s signers to support the appointment of another Special Counsel.

(ADDENDUM/UPDATE:  The original post on 05-21-2018 included the unsigned draft of the resolution.  Today’s update replaces that draft with the resolution formally introduced and referred to the House Committee on the Judiciary  today including the names of all sponsors.)

May 11, 2018

Just Who Is Our Enemy Here?

Filed under: Probable Cause — Tags: , , , — Bill @ 12:05 pm

COSI-TopSecret-If you haven’t yet read Wall Street Journal columnist Kimberley Strassel’s column posted on May 10, 2018, please take the time to read it.  It was entitled About That FBI ‘Source’.

Strassel asserts that Rosenstein and the US Department of Justice are stonewalling the House Intelligence Committee’s most recent subpoena because, “… the FBI secretly had a person on the payroll who used his or her non-FBI credentials to interact in some capacity with the Trump campaign.”

Strassel’s column implies that the FBI inserted  a highly-placed human intelligence source or recruited one already inside the Trump campaign before the 2016 election.  She also says, “… we know Mr. Nunes’s request deals with a ‘top secret intelligence source’ of the FBI and CIA, who is a U.S. citizen and who was involved in the Russia collusion probe.” [emphasis mine]  In other words, she suggests the FBI was running an intelligence collection operation inside the Trump campaign.

Assuming Strassel and her competitors at the Washington Post have the straight scoop, it raises a few  questions.

  • Was the Trump Campaign the only presidential campaign targeted or were other presidential candidate campaigns targeted as well?  If so, which ones?
  • Who made the final decision to allow the FBI to run a collection operation inside the Trump campaign?  Who had the authority to okay ‘a top secret intelligence source of the FBI and CIA’ to collect information about or exert influence on a candidate or nominee for President of the United States?
  • Was the ‘top secret intelligence source’ a human being or technical device(s) or combination of both?
  • Who or what was the actual target of the collection operation?  If it was only for collection, what were the essential elements of information sought?
  • Was the ‘top secret intelligence source’ of the FBI and CIA an information collector or was s/he an agent of influence (or both)?
  • Who was the human source’s handler/case officer?  To whom did the ‘top secret intelligence source’ report?
  • When?
    • When was this operation first proposed and by whom?
    • When was the operation finally approved?
    • When did the operation launch?
    • When will Congress subpoena the Case Officer’s contact reports and source?
    • If the operation began and continued after Trump had officially become the Republican nominee and was therefore receiving national security briefings, when was the Secret Service notified of this operation as it should have been?
    • When did this operation end (assuming it has!)?
    • When was candidate/nominee/President Trump first notified of this operation and by whom?
  • Was the collection operation limited to personal observations and recollections of the ‘top secret intelligence source’ or was the ‘top secret intelligence source’ allowed or directed to spot, assess, and recruit other human sources within the Trump campaign?

The actions of Deputy AG Rod Rosenstein to resist the HPSCI’s subpoenas only adds to the plausibility of the Washington Post’s and Wall Street Journal’s articles.  President Trump can if he chooses declassify everything DoJ and the CIA have on this matter.  Whether he should or not must be based on legitimate national security considerations, not political expedience or advantage.

October 9, 2017

The Value of Planning and Training

Filed under: Probable Cause — Tags: — Bill @ 8:33 am

LVMPD Sheriff Joseph LombardoThe Las Vegas Metropolitan Police Department and its elected Sheriff Joseph Lombardo know firsthand the human life value of money spent for planning and training all LVMPD’s employees.

That planning and training saved hundreds more lives than the 59 which were lost on October 1, 2017, when Mandalay Bay Hotel and Casino high-roller guest Stephen Paddock fired hundreds of rounds from his 32nd floor suite into a crowd of thousands attending the Route 91 Harvest Country Festival across Las Vegas Boulevard from the hotel.

This CNN news feature headlined Las Vegas police officers describe storming gunman’s room  reminds them and us of the real value of private security and law enforcement response planning and training.

So does the CBS 60 Minutes infotainment segment Storming Room 135.  As Sheriff Lombardo explains in the segment, the on-scene assembly of two LVMPD dog handlers, a SWAT officer, and a detective was hardly haphazard as the word ‘storming’ implies.  It was their planning and training that gave them the confidence and skills to quickly assemble and function as a coordinated first-in team.

OpenCdA is reasonably sure that when Sheriff Lombardo proposed his trip to Mumbai, India, in November 2008 to study the terrorist attack on hotels and other sites there that killed 164 people, some officials probably questioned the cost of that trip.  What could the Sheriff possibly learn that would justify such an expenditure of funds?  What is the real likelihood of a mass killing ever occurring in Clark County and Las Vegas?

Now they know.  The money spent for thoughtful planning and training saved lives on October 1, 2017.   Good leaders invest money on planning and preparing their employees.  Politicians spend money on memorials.

September 28, 2017

Decertified or Not?

Filed under: Probable Cause — Tags: , — Bill @ 11:44 am

KCSO graphicThis morning’s local skews paper, the Coeur d’Alene Press, published an article entitled ‘Sheriff’s Captain Terminated.’

The article stated

“Both Wolfinger and Soumas told The Press the termination was not due to any criminal wrongdoing.”

But the article also quoted a KCSO interoffice memo which said

“Captain Dan Soumas has been terminated from employment effective immediately and is prohibited from accessing the non-public areas of the sheriff’s office without an official escort. Soumas is no longer authorized to take actions as a peace officer.” [emphasis OpenCdA’s]

The portion I’ve highlighted in this quotation strongly suggests that former Captain Soumas has been or will soon be decertified as an Idaho peace officer by the Idaho Commission on Peace Officer Standards and Training.

Has former Captain Soumas been decertified as an Idaho peace officer or not?

Concerning the paragraph containing the highlighted portion and attributed to Sheriff Wolfinger, the article went on

Wolfinger said that is a standard message issued to employees when someone no longer works at the department.

The “standard message” Wolfinger issues  seems to imply that immediately upon leaving the department, regardless of the reason for leaving,  the former employee automatically loses Idaho peace officer certification and authorization which has been granted by the Idaho Peace Officer and Standards Training Commission.   While that may be what Wolfinger wants to imply to the public, that would be inconsistent with the laws and administrative procedures of Idaho.

Open CdA wishes the Coeur d’Alene Press skewspaper would develop reporters and editors with sufficient subject matter knowledge to publish articles which do not add to the public’s confusion about official actions taken by our local governments.

July 4, 2017

Not a Good Idea

Filed under: Probable Cause — Tags: — Bill @ 8:01 pm

DWI-blood-drawIn its Sunday skewspaper article very distastefully headlined Police Are Out for Blood, the Coeur d’Alene Press reported that Coeur d’Alene police officers are being trained and certified as phlebotomists so they can do field blood draws on persons suspected of driving under the influence of intoxicants.

OpenCdA has some concerns and questions we believe must be addressed by the Coeur d’Alene City Council before it applies its obligatory and ceremonial rubber stamp of approval to this proposed practice.

The skewspaper article failed to report what happens to the sample after it has been obtained by the officer.  Where and by whom is the actual analysis of the sample performed?  What will the Department’s policy be regarding timely delivery of the sample to the testing laboratory?

Of considerably greater concern is the skewspaper article’s implication that this policy and procedure is being proposed to circumvent an existing requirement that officer obtain a search warrant to perform a physiologically invasive, nonconsensual search of a suspect.  Our concern is prompted by these lines of the skewspaper article:

 

If an impaired motorist refuses to submit to a breathalyzer and police have probable cause the motorist is intoxicated, they must get a search warrant to draw blood at a hospital.

“Getting a search warrant takes a while,” Hagar said. “A lot of time, things are too busy and it takes a while.”

By reducing the time — getting a blood draw at the scene — police can get more accurate BACs, which can aid in prosecution, Hagar said.

If a search warrant is required now for a hospital phlebotomist to conduct a physically intrusive, involuntary, and nonconsensual search of the suspect’s body at the hospital, why won’t a search warrant also be required for a law enforcement officer to conduct a physically intrusive involuntary and nonconsensual search of the suspect’s body in the patrol car?

A reasonable inference from the article is that a suspect in the custody of a patrol officer in the field could be persuaded (coerced) into giving “voluntary, informed consent” for  a blood draw in the field.

We are also very concerned that some people are, to put it mildly, needle averse.  They may be able to tolerate a draw using a blood collection system composed of a multi-sample vacuum collection needle and a disposable tube holder in the hands of an experienced, non-threatening phlebotomist at the hospital.  The same equipment system in the hands of an arresting police officer begins to look more like a painful interrogation tool designed to elicit an involuntary admission or involuntary consent.

Are the police going to hold the suspect down while the newly-trained police officer draws blood if the suspect objects to the search?  How is that going to look on the video from the body camera?  Policy would mandate that from the beginning of the stop through the completion of the involuntary blood draw, there must be an unbroken,  clear, and intelligible video image with audio of the entire process.  Failure to rigidly adhere to the policy ought to administratively require the exclusion of all BAC evidence by the court in that case as presumptively involuntarily and illegally obtained.  In other words, before the evidence obtained from the blood draw is admitted, the court must require the state first prove the blood draw was lawful.  The audio-video evidence from the arresting officer’s body camera is the best way to prove that.

What’s next?  Police officers trained to catheterize suspects to obtain urine samples?  Officers trained to conduct colonoscopies to search for drug packets?

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