Here's where I have a problem with this. BK did NOT match DM's description. She said the man was 5'10" or taller with bushy eyebrows. BK is 6'. IMO, compared to at least 50% of men, BK's eyebrows are about average. Not extremely bushy, not thin or sparse just kind of average. What I don't see in the PCA is evidence of a photo lineup or actual physical lineup where DM identified the man she saw. Brett Payne did not see the man DM saw, so he is in no way qualified to identify BK yet that is the method of identification in the PCA. That's just not a legal identification by any stretch of the imagination. What is needed would be for DM to identify the man she saw. It will be hard since she apparently only saw stature and eyebrows. Seems like she didn't know stuff like hair color, eye color, race, skin tone, etc. The PCA doesn't say the man had dark eyebrows and there's no description of his eyes or even his approximate age. But DM would be the ONLY person who can identify the suspect and it appears that still had not happened prior to arrest. If DM has not said, "Yes, that is the man I saw, " we basically have zero identification of the man she saw. I wonder if this will go to court and DM will be asked to point out the suspect and she just won't be able to identify him because she is not 100% certain. It is a death penalty case and I'm sure she would want to be absolutely certain and not point out the wrong person as that would weigh on her conscience for the rest of her life. But this really makes me question what the police were doing. Why no lineup? That's standard in a case where there is an eye witness. This makes no sense.
How can it be that defense was not given the recordings and notes from Payne's interview with BK as of May 4, 2023? Are they lost on someone's laptop at MPD? Where are these materials normally stored? Is there no case file retention system???? Has BT even asked Payne where these materials are? Again this makes no sense.
