4 Univ of Idaho Students Murdered - Bryan Kohberger Arrested - Moscow # 76

[CSIDreamer]

To what, how the door opened? I have no idea. That's why I'm asking lol. I think it's an interesting twist and if it's true, I think it's an important question to answer.

MOO.

Well, so far not one thing has been right. For instance, you said it wasn't windy. What mph gust does it take to move a door that's ajar, whether or not it's level? I think that's an important fact. I live with a serial non door closer. It takes nothing to move a door that literally isn't shut. Our wind right now is like 9 mph and even with a storm door, the interior door was moving. And yes, I can slam a door that's merely ajar. JMO

 

[GGbankster]

All exactly what I said. I totally agree with you.

Although the defense may attempt to exclude the DNA evidence, the likelihood of this being granted by the judge is minimal, though not impossible. It is important to remember that the prosecution team consists of highly skilled professionals and the defense counsels are professional too but let’s not forget that the prosecution team most likely have triodes of evidence. We have read the PCA and I bet that’s not even half of what we know they have

 

[rainbowshummingbird]

Most folks make sure to bring their knife and sheath to all parties attended.

Hmmm, with it being a well known party house that is quite a reach.

 

[PrairieWind]

Although the defense may attempt to exclude the DNA evidence, the likelihood of this being granted by the judge is minimal, though not impossible. It is important to remember that the prosecution team consists of highly skilled professionals and the defense counsels are professional too but let’s not forget that the prosecution team most likely have triodes of evidence. We have read the PCA and I bet that’s not even half of what we know they have

with all due respect, we don't know the answer to this. This will be a focus of the defense I am sure. We need to know more about the DNA, what there is, where it was, how obtained and tested. DNA is not automatically admitted.

 

[Sister Golden Hair]

We have read the PCA and I bet that’s not even half of what we know they have

imo jmo important to remember we can only assume what the prosecution has, and the disparate threads (DD, 2021, Tinder anonymous warrants, etc., etc.) all lead potentially different diretions that somehow have a connection to the murders. HOW all of those pieces fit together will be interesting, and we will eventually know. I think it's important to note, too, that we have no idea about the defense's evidence and arguments imo jmo, and it does concern me that there is potentially (almost certainly) a CI who will not be called as a witness. I base this on the motions, orders, and the prosecution's unsolicited statement re the defense's request for discovery. (see #10 and 11)

https://coi.isc.idaho.gov/docs/case/CR29-22-2805/012323%20States%20Response%20to%20Request%20for%20Discovery.pdf

lots here to consider imo jmo

 

[Bogbacal2]

Per this statement, imo this leads me to believe that DM was on the second floor but then did go down to the first floor with BF. Who reported that DM heard what she thought was partying? Was it SM? I’m thinking LE never corroborated that.

 

[maconrich]

Per this statement, imo this leads me to believe that DM was on the second floor but then did go down to the first floor with BF. Who reported that DM heard what she thought was partying? Was it SM? I’m thinking LE never corroborated that.

News Nation from "a source" that DM thought she heard partying

Source: Surviving Idaho roommate thought noise was partying

The source spoke directly with surviving roommate Dylan Mortensen who allegedly thought the noises heard during the killings resulted from partying.

www.newsnationnow.com

 

[Cool Cats]

Although the defense may attempt to exclude the DNA evidence, the likelihood of this being granted by the judge is minimal, though not impossible. It is important to remember that the prosecution team consists of highly skilled professionals and the defense counsels are professional too but let’s not forget that the prosecution team most likely have triodes of evidence. We have read the PCA and I bet that’s not even half of what we know they have

I think it would be a bad defense - especially a DP trial - not to try to exclude the DNA. Defense should use all available arguments - documented in Motions - for what will likely be a long appeals process.

Yes there is an incredible amount of evidence already, including exculpatory.

1,000 pages of documents, nearly 2,000 images, and a video have been turned over as evidence so far to the defense. The PCA was written before the 100 items were seized and then analyzed, and car had to be processed into evidence.

This is all before the preliminary hearing. It can take months, sometimes years, for the prosecution to organize and download all the evidence for the defense. I believe alot more evidence will be coming.

In general, the prosecutor will give discovery over several pretrial hearings or conferences. It is not at all uncommon for the process to take months. Often, the initial discovery, provided at or before the first pretrial hearing, is incomplete, and more discovery is necessary.

The PCA only had to prove that there is a probability that BK committed the crimes.

The evidence is different. The evidence has to go above and beyond that and prove BK committed the crimes.

The million-dollar question is: How much information do police officers need to convince a judge to issue an arrest warrant or to justify a warrantless arrest? In general, probable cause requires more than a mere suspicion that a suspect committed a crime, but not as much information as would be required to prove the suspect guilty beyond a reasonable doubt.

Because probable cause is an abstract concept, a firm definition of it is evasive. Courts have to determine case by case whether there is or was probable cause for an arrest.

Johnson County Criminal Lawyer explains getting "Discovery" from the prosecutor in a criminal case. | Roth Davies LLC

Johnson County Criminal Defense Lawyer Discusses How to get Discovery from the Prosecution in Your Criminal Case and more Important Information about Discovery in a Criminal Matter

www.rothdavies.com

How Long Does The Prosecutor Have To Give Evidence To Your Attorney

attorney-faq.com

When the Police Can Make an Arrest: Probable Cause

"Probable cause" requires more than a mere suspicion that a suspect committed a crime, but not an absolute certainty.

www.nolo.com

 

[Justice101]

Chief Fry also stated that both BF and DM were asleep on the first floor...

yes, but that was a false statement to protect the potential witnesses.

It was later mentioned in the PCA about DM seeing the intruder

 

[Boxer]

yes, but that was a false statement to protect the potential witnesses.

It was later mentioned in the PCA about DM seeing the intrude

Exposing witnesses is not good until actually needed at trial; assume they avoid whenever possible.

 

[Boxer]

But then you can get a dumb jury like the OJ jury... who doesn;t understand DNA

MOO OJ trial was lost by unprofessional police and underprepared DA.
Hopefully no repeat of that here.

 

[gliving]

yes, but that was a false statement to protect the potential witnesses.

It was later mentioned in the PCA about DM seeing the intruder

I haven't seen an actual statement about this from LE. Did you read this somewhere or maybe it's just an opinion? Thanks @Justice101

 

[GGbankster]

with all due respect, we don't know the answer to this. This will be a focus of the defense I am sure. We need to know more about the DNA, what there is, where it was, how obtained and tested. DNA is not automatically admitted.

I want to clear up any confusion, I did not insinuate anything about the evidence that the prosecutor has. I understand that the question of DNA evidence will likely be a focus of the defense, and we will know more information about the DNA after the trial or during the trial.

Furthermore, I cannot commend the investigators enough. Their thoroughness cannot be ignored. I was genuinely impressed by their ability to apprehend the suspect. The triangulation of his cell phone's GPS signal, identification of his car via CCTV footage, and their knowledge of neighborhood traffic during nighttime hours (including the suspect's car) all contributed to finding the suspect even though he was halfway across the country at the time of his arrest. Additionally, his DNA was obtained through the acquisition of his father's genetic material. Although the defense team may be skilled, there is a wealth of circumstantial evidence that clearly implies the suspect's involvement. This evidence will be difficult for them to disregard.

 

[Justice101]

I haven't seen an actual statement about this from LE. Did you read this somewhere or maybe it's just an opinion? Thanks @Justice101

I am pretty sure the chief said early on that the 2 girls slept thru it downstairs.

I know the PCA said that DM was actually on the 2nd floor and was a witness

 

[gliving]

I want to clear up any confusion, I did not insinuate anything about the evidence that the prosecutor has. I understand that the question of DNA evidence will likely be a focus of the defense, and we will know more information about the DNA after the trial or during the trial.

Furthermore, I cannot commend the investigators enough. Their thoroughness cannot be ignored. I was genuinely impressed by their ability to apprehend the suspect. The triangulation of his cell phone's GPS signal, identification of his car via CCTV footage, and their knowledge of neighborhood traffic during nighttime hours (including the suspect's car) all contributed to finding the suspect even though he was halfway across the country at the time of his arrest. Additionally, his DNA was obtained through the acquisition of his father's genetic material. Although the defense team may be skilled, there is a wealth of circumstantial evidence that clearly implies the suspect's involvement. This evidence will be difficult for them to disregard.

Could you please explain more about the cell phone's GPS signal? Thanks @GGbankster

Read the affidavit on how investigators identified the Idaho killings suspect | CNN

Idaho officials have publicly released court documents -- including a probably cause affidavit -- in prosecutors' case against Bryan Kohberger, who faces four counts of first-degree murder and one count of burglary in the killings of four University of Idaho undergraduate students.

www.cnn.com

At approximately 2:47 a.m. the 8458 Phone stops reporting to the network, which is consistent with either the phone being in an area without cellular coverage, the connection to the network is disabled (such as putting the phone in airplane mode), or that the phone is turned off The 8458 Phone does not report to the network again until approximately 4:48 a.m. at which time it utilized cellular resources that provide coverage to ID state highway 95 south of Moscow, ID near Blaine, ID (north of Genesee)

 

[jepop]

I see a lot of objections from the prosecution on cross.

Me too. I also can see a judge potentially questioning that line of questioining - to what purpose and of what relevance? MOO

 

[PrairieWind]

I want to clear up any confusion, I did not insinuate anything about the evidence that the prosecutor has. I understand that the question of DNA evidence will likely be a focus of the defense, and we will know more information about the DNA after the trial or during the trial.

Furthermore, I cannot commend the investigators enough. Their thoroughness cannot be ignored. I was genuinely impressed by their ability to apprehend the suspect. The triangulation of his cell phone's GPS signal, identification of his car via CCTV footage, and their knowledge of neighborhood traffic during nighttime hours (including the suspect's car) all contributed to finding the suspect even though he was halfway across the country at the time of his arrest. Additionally, his DNA was obtained through the acquisition of his father's genetic material. Although the defense team may be skilled, there is a wealth of circumstantial evidence that clearly implies the suspect's involvement. This evidence will be difficult for them to disregard.

You do understand that you have only received one side of this.

 

[BeginnerSleuther]

Well, so far not one thing has been right.

I don't know what this means? I didn't say things weren't right. I said I find some of the assumptions and thoughts to be far-fetched. Not one of us knows what's "right" and what's not and we won't until trial most likely.

For instance, you said it wasn't windy.

I didn't say it. The weather report that was posted was from that night. It wasn't mine opinion that it wasn't windy.

What mph gust does it take to move a door that's ajar, whether or not it's level? I think that's an important fact. I live with a serial non door closer. It takes nothing to move a door that literally isn't shut. Our wind right now is like 9 mph and even with a storm door, the interior door was moving. And yes, I can slam a door that's merely ajar. JMO

Again, I didn't say the wind couldn't have opened the door. My disbelief is in the door opening the door, THEN closing the door within minutes. The door very well could have been opened by wind if it was windy. The door very well could have been closed by wind if it was windy. I find it far-fetched to suggest that at, say 8:25, the wind opened the door and at 8:35, the wind closed the door, just long enough for the neighbor to see an open door. That's far-fetched, IMO.

MOO.

 

[BeginnerSleuther]

yes, but that was a false statement to protect the potential witnesses.

It was later mentioned in the PCA about DM seeing the intruder

I think the point is that if any of us had said DM was actually on floor 2 and saw the perp before the PCA, we would have gotten the same response about LE denying that. LE sometimes lies to the media in order to do their jobs. None of us know if the open door is true and LE saying at a presser they didn't know about it doesn't automatically make it untrue.

MOO

 

[PrairieWind]

I see a lot of objections from the prosecution on cross.

The Defense can simply call her as their own witness in their case in chief and ask her whatever they want. The Prosecution can object all they want, but it wont stop the questions.