ID - 4 University of Idaho Students Died in Apparent Homicide, Moscow, 13 Nov 2022 ****Media Thread**** NO DISCUSSION #2

Published at 9:49 am, May 30, 2024


Here’s a timeline of some of the notable pretrial hearings and decisions so far:

June 9, 2023: A coalition of media organizations and the family of a murder victim came to court to challenge the gag order placed on the parties in the case.

June 23, 2023: The judge denied both requests but issued a revised gag order that allows the parties to discuss topics that do not have a “substantial likelihood of materially prejudicing or otherwise influencing the outcome of the case.”

August 2, 2023: Kohberger’s attorneys said they would use an alibi defense but couldn’t pin down their client’s specific location on the night of the killings because he was “driving during the late night and early morning hours.”

“Mr. Kohberger is not claiming to be at a specific location at a specific time; at this time there is not a specific witness to say precisely where Mr. Kohberger was at each moment of the hours” of the attacks, his attorneys said in a court filing.

October 26, 2023: The judge denied a request to dismiss the grand jury indictment after the defense argued there was an error in the grand jury instructions.

December 18, 2023: The judge denied a second motion to dismiss the indictment after the defense argued prosecutors failed to comply fully with state rules on jury selection and the jury questionnaire.

February 28, 2024: Defense attorney Anne C. Taylor asked the court to allow three defense experts and others to view the investigative genetic genealogy evidence, which has been sealed, to understand the full timeline of how police began to focus on Kohberger.
 
Bryan Kohberger pre-trial hearing starting now. Defense just called Brett Payne as a witness - he is the Detective Corporal with the Moscow, Idaho Police Department. He is the case agent for the Kohberger case. He is in charge of the investigation.


Moscow, Idaho Police Det. Brett Payne says thousands of hours of surveillance video was collected as part of the Bryan Kohberger investigation. Defense is asking him how to find certain videos.


Defense questioning of Moscow, Idaho Police detective Payne is focused on surveillance video. He says they have thousands of hours of video in Kohberger investigation from 79 businesses and residences. Defense seems to be questioning whether they have been given all the video.


Sy Ray -- defense expert in cell phone data – is now on the stand in the Bryan Kohberger pre-trial hearing. Stream is here:

Sy Ray - Kohberger defense expert in cell phone data - is still on the stand in pre-trial hearing. He says 2-3% of cell phone data in the case is missing. "Some of the most significant locations in the case are missing data," Ray says during defense questioning.


“Discovery is being given to us like we are living in a snow globe.”Bryan Kohberger defense continues to complain they are not getting evidence and exhibits in an organized way.


Bryan Kohberger pre-trial hearing on a break now until 5pmET. Expecting them to talk about DNA evidence when they come back which may be blocked from the public. You can watch what has happened so far here.

Bryan Kohberger pre-trial hearing on a break now until 5pmET. Expecting them to talk about DNA evidence when they come back which may be blocked from the public.
You can watch what has happened so far here.Live: Bryan Kohberger back in court
— Brian Entin (@BrianEntin) May 30, 2024
 
@dugganreports

Taking over monitoring the Bryan Kohberger hearing this morning.Not a ton going on, but Anne Taylor is asking Det. Brett Payne about the chain of evidence for video surveillance— Most was handled by the FBI, and he wasn’t the evidence custodian, so he’s telling her to look there


Payne said LE collected thousands of surveillance videos. Could take hours to go thru. I’m curious why he’s on the stand when he isn’t the FBI. Moving onto affidavits. Again, not a ton going on


I guess something I never knew: The search for the Elantra was the years of 2011-2013 make/model, it was expanded up to the year of 2016 because an FBI agent further reviewed video footage and determined it could be a newer model.


Not super shocking that MPD officers can’t remember every transfer of video since they worked in the same building and likely walked back and forth to share things and speak with one another.


Taylor questioned the detective pretty hard about why he wrote a search warrant for cell data if he doesn’t know a ton about it. He said he relies on people who have more expertise in that area.Similarly, a data expert might not be the person you’d turn to to write a warrant


Taylor said she saw the evidence inventory and there’s multiple flash drives with labels on them. Implied she has to dig through hours of those to find the surveillance videos (of roads leaving Moscow) she’s looking for.Payne said that would be the way to do it.


If i recall… again… MPD turned over 51 terabytes of digital material.And I know that becauseeee I wrote about it for @KTVB
last year
If i recall… again… MPD turned over 51 terabytes of digital material.

And I know that becauseeee I wrote about it for @KTVB last year Here's what evidence prosecutors have provided to the Idaho murder suspect's defense
— Alexandra (Alex) Duggan (@dugganreports) May 30, 2024
OK so there’s a report from AT&T that Taylor is having this expert witness explain the company could’ve turned over far before they actually turned it over. So it was available to LE in May of 2023 and he is saying it was accessible before that


once again, not a ton going on and it’s super inside baseball here. the only person that would understand this intricate explanation of cell data and geo location would be… people much smarter than like, everyone


He says 6 months of cell data was collected from Kohberger’s phone and the FBI “mapped” 6% of that total“It is a terrible practice to justify probable cause for these very detailed call records… and not map it.”


He says when he gets the rest of the data he would be able to change his mind. What’s missing is benefitting the defense. Says that it’s possible more info would help the state, or not. Who knows.


State doesn’t cross examine. No more witnesses.


Once again, defense says they need certain things, state says “we can’t turn over what we don’t have.”

State: We turned over 71 subpoenas, detailed what they were for and who.

This “we gave it to you” and “we don’t have it” argument has been happening for a hot minute now.
 
At the start of Thursday’s hearing, one witness, Moscow Police Det. Brett Payne, said thousands of hours of surveillance video were collected as part of the investigation into Kohberger. Defense Attorney Anne Taylor asked him how to find certain videos.

Payne said police have thousands of hours of video from 79 businesses and residences pertaining to the Kohberger investigation. The defense, however, questioned whether they were given all the footage, which has been a recurring theme in the pre-trial hearings.

Defense attorneys for Kohberger have accused prosecutors of not turning over all of the evidence they had during their discovery process, which the state denied.

Besides the surveillance video, defense attorneys for Kohberger also appeared to try and figure out if they were missing any cell phone data evidence.

Bryan Kohberger defense asks about evidence during hearing

Updated: MAY 30, 2024 / 03:52 PM CDT
 

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