Nila Aella
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Lack of proof he was in Moscow?Excellent memory! It sounds like the alibi she'll be offering for him will try to establish a lack of something, rather than proving he was somewhere else or with someone else. It also reads as if she's reserving the right to say LE either failed to preserve something or withheld it. Just from my experience as a juror, I would imagine jurors won't appreciate accusations like that if they can't be documented in some way.
The Prosecution has to prove he was there.
Proof he was somewhere else:
During the hearing I heard differently when Sy was testifying about the Cast report and what he would do with it. The P took notice of that specific testimony IMO.
Preserve/withheld. If they do not provide the tower list used, that is withholding evidence. If they don't have one? Was a CAST report done without one (unlikely) or did they not preserve one? I suspect it has been handed over by now. It shouldn't have taken all that time and effort for the D to get it.
JMO
I'll add that in the Supplemental alibi response: Sy Ray was PARTIAL corroboration
So there is more.
JMO
PARTIAL CORROBORATION
Mr. Kohberger intends to offer testimony of Sy Ray, CSLI expert, (cell tower, cell phone and other radio frequency, curricula vitae is attached) to show that Bryan Kohberger’s mobile device was south of Pullman, Washington and west of Moscow, Idaho on November 13, 2022; that Bryan Kohberger’s mobile device did not travel east on the Moscow-Pullman Highway in the early morning hours of November 13th, and thus could not be the vehicle captured on video along the Moscow-Pullman highway near Floyd’s Cannabis shop.
Additional information as to Mr. Kohberger’s whereabouts as the early morning hours progressed, including additional analysis by Mr. Ray will be provided once the State provides discovery requested and now subject to an upcoming Motion to Compel . If not disclosed, Mr. Ray’s testimony will also reveal that critical exculpatory evidence, further corroborating Mr. Kohberger’s alibi, was either not preserved or has been withheld