4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #93

[Justice101]

The alibi is beyond ridiculous but when you're a lawyer and your client says they're innocent and wants to go to trial you have to do your best to defend them, and if stargazing is the only defense your client can come up with well I guess you were stargazing. I'm sure they probably know he's guilty

But as a lawyer, you have to tell him that this alibi will look ridiculous and will not help him in the least for his upcoming trial.

 

[Boxer]

So the

So in your opinion, the defense expert is going to testify that BK never turned his phone off that night? And this expert will testify that he left his apartment before midnight?

This might be a hard sell for the defense, though, as you say, we don't know what meta data they have. According to the PCA, his phone was using cellular resources that provide coverage to his apartment at 2:42am. And at 2:47am the phone was using resources that provide coverage southeast of the apartment consistent with traveling south through Pullman, WA. This is also consistent with the movement of the white Elantra they believe is his on video. And at 2:47am the phone stopped reporting to the network (could it have traveled to somewhere too remote for signal so soon and it was not actually turned off at that point?).
JMO

But as a lawyer, you have to tell him that this alibi will look ridiculous and will not help him in the least for his upcoming trial.

MOO BKs "alibi" is actually just contesting the states evidence; using an expert to confuse and conflate terms on his cell pings and cast doubt on the prosecutions evidence of BKs movements.
ATs goal is to seperate BKs phone from the white car. That is all.

With the lenient alibi deadline was finally impending, BK was finally forced to name an actual place, an "elsewhere."

He has no alibi but AT is being allowed to call the act of challenging the state's cell evidence an alibi.

 

[jepop]

So the




MOO BKs "alibi" is actually just contesting the states evidence; using an expert to confuse and conflate terms on his cell pings and cast doubt on the prosecutions evidence of BKs movements.
ATs goal is to seperate BKs phone from the white car. That is all.

With the lenient alibi deadline was finally impending, BK was finally forced to name an actual place, an "elsewhere."

He has no alibi but AT is being allowed to call the act of challenging the state's cell evidence an alibi.

Agree it is not an alibi and doesn't meet relevant ICRs imo. I call it his "so called 'alibi" or sometimes just 'alibi' in iromic/sarky inverted commas. Maybe we will see if JJJ does allow it? He has 'given a lot of leeway already imo and I got the impression he expected AT and co to satisfy basic 101 Idaho Court Alibi Defense rules this time, which imo does not appear to be the case yet again. Moo. P's response and judges will be interesting when they come. moo

 

[Sundog]

If the purpose of the Court's requirement to file an alibi defense is to make sure that the prosecution is aware in advance of any alibi witnesses who will be called to testify, then it sounds like the defense's alibi filing meets that requirement. The prosecution can now assume that the defense will call expert witnesses to the stand to discuss the data on cell phone pings on towers and/or refute the testimony/experitise of the prosecution's cell data witnesses.

The alibi defense's sole purpose is to make sure that the prosecution is able to prepare in advance and not be surprised mid-trial and thus delay the trial and/or loose the opportunity to call their own witnesses to refute the alibi defense witness/account.

JMO

 

[browneyes]

His DNA on the knife sheath left at the murder scene is the kill shot for his silly defense. This creep is toast.

 

[Justice101]

So the




MOO BKs "alibi" is actually just contesting the states evidence; using an expert to confuse and conflate terms on his cell pings and cast doubt on the prosecutions evidence of BKs movements.
ATs goal is to seperate BKs phone from the white car. That is all.

With the lenient alibi deadline was finally impending, BK was finally forced to name an actual place, an "elsewhere."

He has no alibi but AT is being allowed to call the act of challenging the state's cell evidence an alibi.

From the footage I saw that was released (from night when video is blurry and contrast is "blown out" from head lights), I'm not sure the prosecutor can PROVE that the white Elantra driving around the house is BK's.

They may however be able to prove that it was his on the return trip in Pullman near and at his apartment.

So, I don't think the defense has to prove that it was BKs car at the crime scene... just that his phone was headed there and pinged back on shortly after the murders. I suspect that if LE had video showing the license plate number, we would see a lot of different maneuvering.

Anyway, what do I know???

 

[KSwizzle]

His DNA on the knife sheath left at the murder scene is the kill shot for his silly defense. This creep is toast.

Yeah I wonder how the defense is going to try to spin the dna evidence

 

[Cool Cats]

Yeah I wonder how the defense is going to try to spin the dna evidence

They are trying to get it tossed out. They are not disputing the iron clad DNA lab results just that the way it was obtained through geneology was illegal.

 

[Justice101]

They are trying to get it tossed out. They are not disputing the iron clad DNA lab results just that the way it was obtained through geneology was illegal.

The genealogy was only used to find a close relative, right?

So only criminals have their DNA in the database yet a photo of someone committing a crime would be released to the public for tips... and ... oh forget it, this is probably going to be a non-issue.

It likely will be admitted but there could be year after year appeals filed as the verdict based on this...

But if convicted, he is in jail the whole time that at least the public is safe.

 

[Slamalam]

So in your opinion, the defense expert is going to testify that BK never turned his phone off that night? And this expert will testify that he left his apartment before midnight?

This might be a hard sell for the defense, though, as you say, we don't know what meta data they have. According to the PCA, his phone was using cellular resources that provide coverage to his apartment at 2:42am. And at 2:47am the phone was using resources that provide coverage southeast of the apartment consistent with traveling south through Pullman, WA. This is also consistent with the movement of the white Elantra they believe is his on video. And at 2:47am the phone stopped reporting to the network (could it have traveled to somewhere too remote for signal so soon and it was not actually turned off at that point?).
JMO

The defense may just ignore it and not even address those pings. I know that sounds ridiculous, and it would be ridiculous to me, too… except that I was a juror on a murder trial once, and the defense tried to say nothing was premeditated and that the murder was accidental and self defense. And some of the evidence that was really, really flipping obvious wasn’t even addressed! When the defendant got on the stand and was questioned, the question that seemed like the obvious hole in his story was never even asked. (To this day, I still find it bizarre.) But there were also photos and x-rays of this evidence, provided to us jurors. So maybe they thought those spoke for themselves? I dunno. I just won’t be surprised if BK’s defense just ignores and glosses over some of the holes in their story. JMO.

 

[Megnut]

If this case goes to trial in any part of the near future, I will eat a vegan frying pan.

Prediction: AT is on the cusp of an 11th hour motion for continuance, on account of the "needless" delay caused by the State's objection to their phone surveys, which she'll claim put them unfairly behind schedule.

JMO

 

[Boxer]

The defense may just ignore it and not even address those pings. I know that sounds ridiculous, and it would be ridiculous to me, too… except that I was a juror on a murder trial once, and the defense tried to say nothing was premeditated and that the murder was accidental and self defense. And some of the evidence that was really, really flipping obvious wasn’t even addressed! When the defendant got on the stand and was questioned, the question that seemed like the obvious hole in his story was never even asked. (To this day, I still find it bizarre.) But there were also photos and x-rays of this evidence, provided to us jurors. So maybe they thought those spoke for themselves? I dunno. I just won’t be surprised if BK’s defense just ignores and glosses over some of the holes in their story. JMO.

That is their craft, misdirection.
That and delay.

 

[Megnut]

That is their craft, misdirection.
That and delay.

And table pounding.

 

[Sundog]

If this case goes to trial in any part of the near future, I will eat a vegan frying pan.

Prediction: AT is on the cusp of an 11th hour motion for continuance, on account of the "needless" delay caused by the State's objection to their phone surveys, which she'll claim put them unfairly behind schedule.

JMO

I wouldn't be surprised if the Judge gave the defense an extension of time to complete the survey and analyze the results before the hearing related to moving the trial to a new location, given that the defense lost time due to the Court suddenly stopping the survey process and the defense losing time. That would seem like the right thing to do, IMO.

 

[SpiderFalcon]

I wouldn't be surprised if the Judge gave the defense an extension of time to complete the survey and analyze the results before the hearing related to moving the trial to a new location, given that the defense lost time due to the Court suddenly stopping the survey process and the defense losing time. That would seem like the right thing to do, IMO.

JJJ already gave them an extension of time. He moved the COV hearing until June 27th.. https://s3.us-west-2.amazonaws.com/...4-Amended-Order-Setting-Briefing-Schedule.pdf

The original hearing for COV was MAY 14: https://s3.us-west-2.amazonaws.com/...24/022924-Order-Setting-Deadlines-Hearing.pdf

So he extended the time more than 6 weeks.

 

[Slamalam]

That is their craft, misdirection.
That and delay.

“Maybe if we don’t bring it up, they’ll just forget about it or think it’s not important!”

 

[schooling]

From the footage I saw that was released (from night when video is blurry and contrast is "blown out" from head lights), I'm not sure the prosecutor can PROVE that the white Elantra driving around the house is BK's.

They may however be able to prove that it was his on the return trip in Pullman near and at his apartment.

So, I don't think the defense has to prove that it was BKs car at the crime scene... just that his phone was headed there and pinged back on shortly after the murders. I suspect that if LE had video showing the license plate number, we would see a lot of different maneuvering.

Anyway, what do I know???

But in this case they are 'proving' it within the context of his DNA being found inside of a home it had no business being inside of . And video of him driving away from his apartment towards Moscow a hour or so before the murder is committed. And the cellular evidence. And.....

It's a simple question......"If thats his DNA inside of the house he didn't belong in, does that explain the white car that looks exactly like his outside?"

Which crosses the reasonable doubt threshold, IMO, that it is in fact his car on that video.

So sure, IMO it's a tough thing to 'prove' inside of a vacuum. If you look at the individual pieces of evidence without
considering any other single piece of evidence. But that becomes a lot harder to do with that gosh darn DNA the defense wanted thrown out so badly.

The prosecution is building a complete case and will construct a linear narrative (MOO) that's easily understandable and convincing. And unless you believe it's calamity of coincidences I think the totality of the evidence speaks for itself.

MOO

 

[schooling]

Just to add. If prosecutors make this case about the fundamental question of "How did his DNA get into that house?" I just don't see how Kohlberger is found anything but guilty.

All of their evidence is in support of answering that question. All of their evidence corroborates each other and makes the other piece of evidence more powerful IMO

IMO the defense needs to provide an alternative answer to the fundamental question for the jury. And I don't think that trying to conflate and delegitimize touch vs trace vs IGG or going after the science is going to be effective. Because none of that answers how a large enough sample of DNA to form a full male profile entered the home. And yes, I'm fully aware that they don't have to answer the question at all.

MOO

 

[Justice101]

But in this case they are 'proving' it within the context of his DNA being found inside of a home it had no business being inside of . And video of him driving away from his apartment towards Moscow a hour or so before the murder is committed. And the cellular evidence. And.....

It's a simple question......"If thats his DNA inside of the house he didn't belong in, does that explain the white car that looks exactly like his outside?"

Which crosses the reasonable doubt threshold, IMO, that it is in fact his car on that video.

So sure, IMO it's a tough thing to 'prove' inside of a vacuum. If you look at the individual pieces of evidence without
considering any other single piece of evidence. But that becomes a lot harder to do with that gosh darn DNA the defense wanted thrown out so badly.

The prosecution is building a complete case and will construct a linear narrative (MOO) that's easily understandable and convincing. And unless you believe it's calamity of coincidences I think the totality of the evidence speaks for itself.

MOO

Well said School!

Yep, it will probably be the avalanche of tons of small pieces of evidence that does him in... along with the 100 ton gorilla being the DNA

 

[wendy44]

Just to add. If prosecutors make this case about the fundamental question of "How did his DNA get into that house?" I just don't see how Kohlberger is found anything but guilty.

All of their evidence is in support of answering that question. All of their evidence corroborates each other and makes the other piece of evidence more powerful IMO

IMO the defense needs to provide an alternative answer to the fundamental question for the jury. And I don't think that trying to conflate and delegitimize touch vs trace vs IGG or going after the science is going to be effective. Because none of that answers how a large enough sample of DNA to form a full male profile entered the home. And yes, I'm fully aware that they don't have to answer the question at all.

MOO

Agree--all the other evidence just supports the main contention that HE left the sheath there with his dna on it THAT night.