4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #83

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[…]

The most recent filing is a motion for a protective order in the case, meaning an order to seal any evidence related to raw data involving the specific DNA profile and the laboratory documentation, and all information related to the creation of a genealogical family tree identifying any of Kohberger's relatives for privacy purposes.

According to this motion, an STR profile from the knife sheath was developed. An STR profile, according to the National Institute of Justice, stands for "short tandem repeat." An STR analysis can show a number of repeating protein "sequences" in someone's DNA that is specific to them.

"A collection of these can give nearly irrefutable evidence statistically of a person's identity because the likelihood of two unrelated people having the same number of repeated sequences in these regions becomes increasingly small as more regions are analyzed," the National Institute of Justice states.

Kohberger was given a cheek swab and it was compared to the STR profile.

Prosecutors said in the new filing, "The STR profile is at least 5.37 octillion times more likely to be seen if the defendant is the source than if an unrelated individual randomly selected from the general population is the source." Meaning, the profile scientists developed is more likely to be Kohberger than someone random.

The affidavit also said the knife sheath was found next to the bodies of Mogen and Goncavles, who were sleeping in the same bed. The filing on June 16 now specifies that the sheath was "face down and partially under Madison's body and the comforter on the bed."

[…]
Thank you @Cindizzi for posting that^^^^^^
So this the informant talked about long ago who would not testify, P prayed to keep private/protective order? Not informant in the regular way but makes sense now, family tree informant.

AT will have to get DNA evidence thrown out bc 5.37 octillion is HUGE.

Did anybody else have to look up octillion? 27 zeros.

JMO
 
I think the defense is blowing smoke up everyone's a@#.

I think AT's strategy all along was to try to discredit the GJ which she couldn't do if there wasn't a GJ. And then to file Motions that make it sound like exculpatory evidence is buried somewhere in those 51 terabytes of discovery.

I don't think AT wanted a preliminary hearing. AT knew there would likely be a GJ indictment if she waited 6 months then announced to the defense and everyone else that she was going to get exculpatory evidence by forcing a witnesses' testimony. Of course that pushed a GJ indictment.

I think AT never had any reasonable evidence to present in a preliminary hearing, BK would have looked guilty as sin if that hearing had been held.

Now she can make him look less guilty - which she is currently doing - she is a sly defense attorney.

2 Cents
Better BK doesn't have a defense counsel who is barely going through the motions and who runs the risk of being found legally ineffective. I wouldn't use the colorful phrases you have used to describe the legitimate work of an attorney within our system (blowing smoke, sly), but I do think we are all better served when defendants are vigorously defended. Having the right to counsel isn't just an empty promise we make nor is the presumption of pre-trial innocence just a nice-sounding but meaningless phrase we toss around. So a defense attorney who does her best to minimize any pre-trial presumption of guilt about the defendant is merely doing her job and is in no way acting in an illegitimate fashion.

I'm also surprised to see once again the implication that "forcing" DM to testify would be somehow unfair. She was in the house during the murders. She was involved in finding the bodies and calling 911. While we don't know what she said to him about what she saw or heard during the night, she apparently is the one who called EC's friend to come to the house hours after the murders when she couldn't rouse her roommates by phone. Some of her statements to LE were used to support the arrest of BK. Of course, she's going to have to testify. And of course she's likely to be asked some questions that might be uncomfortable for her to answer. I'm not unsympathetic to DM's plight, but on the one hand we have her distress, and on the other hand we have a man's life (either his actual life or his ability to have a life outside of prison.) Protecting DM or any other witness from distress can not be a priority. Even protecting surviving family members from unpleasant realities can't determine what areas can be explored in court (although family can be warned they might want to leave at certain points.)

I certainly hope the state isn't deciding how to prosecute the case (having a surprise GJ, for example) with the priority of protecting or even hiding DM or any other witness. I don't think that would be a legitimate use of the state's power.
JMO
 

[…]

The most recent filing is a motion for a protective order in the case, meaning an order to seal any evidence related to raw data involving the specific DNA profile and the laboratory documentation, and all information related to the creation of a genealogical family tree identifying any of Kohberger's relatives for privacy purposes.

According to this motion, an STR profile from the knife sheath was developed. An STR profile, according to the National Institute of Justice, stands for "short tandem repeat." An STR analysis can show a number of repeating protein "sequences" in someone's DNA that is specific to them.

"A collection of these can give nearly irrefutable evidence statistically of a person's identity because the likelihood of two unrelated people having the same number of repeated sequences in these regions becomes increasingly small as more regions are analyzed," the National Institute of Justice states.

Kohberger was given a cheek swab and it was compared to the STR profile.

Prosecutors said in the new filing, "The STR profile is at least 5.37 octillion times more likely to be seen if the defendant is the source than if an unrelated individual randomly selected from the general population is the source." Meaning, the profile scientists developed is more likely to be Kohberger than someone random.

The affidavit also said the knife sheath was found next to the bodies of Mogen and Goncavles, who were sleeping in the same bed. The filing on June 16 now specifies that the sheath was "face down and partially under Madison's body and the comforter on the bed."

[…]
So his search for the real killer is going to need an intergalactic spaceship buried deep beneath Area 51?

Can his defense team pull it off?

Edit: I forgot to mention interdimensional travel as another possibility.
 
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Thank you @Cindizzi for posting that^^^^^^
So this the informant talked about long ago who would not testify, P prayed to keep private/protective order? Not informant in the regular way but makes sense now, family tree informant.

AT will have to get DNA evidence thrown out bc 5.37 octillion is HUGE.

Did anybody else have to look up octillion? 27 zeros.

JMO
Most of the family tree work is created using public records.

If your first hit on that public database is multiple generations off that might require months of manual research. Which is why genealogical work can take so long.

IMO they didn’t get any help from anyone in Kohlberger’s family beyond the unwitting Dad trash donor.
 
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So his search for the real killer is going to need an intergalactic spaceship buried deep beneath Area 51?

Can his defense team pull it off?

Edit: I forgot to mention interdimensional travel as another possibility.
I hope this all goes to trial so we can enjoy the “expert” witness testimony on instances of alien misdeeds on earth.
 
Most of the family tree work is created using public records.

If your first hit on that public database is multiple generations off that might require months of manual research. Which is why genealogical work can take so long.

IMO they didn’t get any help from anyone in Kohlberger’s family beyond the unwitting Dad trash donor.

As you know from my earlier posts, I agree with your take @schooling. However, this statement i the motion makes me wonder how far IGG got them:

The product of the genealogy conducted by the FBI was a family tree that contained the name, birthdate, and death date (ifapplicable) of hundreds of relatives as well as their familial connections between each other and the suspect: Bryan C. Kohberger. The FBI then sent to local law enforcement a tip to investigate Defendant.

IMO LE settled on BCK as a suspect based off of old fashioned gumshoe detective work. Video evidence > out of state white Elantra > WSU parking permits > observing Elantra at suspects apartment > drivers license photo
 
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Maybe wherever it was while he attacked MM, it got inadvertently shoved to where it ended up by KG as she was trying to get up from the bed and escape?

We're also just assuming MM was killed first. And that she was also under the comforter. Maybe the sheath was on the bed while he attacked KG, and the comforter and MM came down on top of it while she tried to get away.
From SpiderFalcon's post:

From: https://coi.isc.idaho.gov/docs/case/CR29-22-2805/061623 States Motion for Protective Order.pdf
1687297783806.png

I agree. What we don't know is if MM was also under the comforter.
 
This week’s ABC podcast has some speculation that the sheath being under Maddie’s body and the comforter are why Kohberger didn’t realize he’d left it behind.

(This is probably old news for some/most people, but I’m appreciating the way they’re unpacking the case from the beginning. I’ve read most of the forum threads here, and a lot of totally incoherent ones on Reddit, but a lot of it is highly dense/long stuff about (for example) the model years of Elantras, and I wasn’t following the case as it happened. So the clear chronological timeline, including LE sources and quotes, is helpful.)
 
Better BK doesn't have a defense counsel who is barely going through the motions and who runs the risk of being found legally ineffective. I wouldn't use the colorful phrases you have used to describe the legitimate work of an attorney within our system (blowing smoke, sly), but I do think we are all better served when defendants are vigorously defended. Having the right to counsel isn't just an empty promise we make nor is the presumption of pre-trial innocence just a nice-sounding but meaningless phrase we toss around. So a defense attorney who does her best to minimize any pre-trial presumption of guilt about the defendant is merely doing her job and is in no way acting in an illegitimate fashion.

I'm also surprised to see once again the implication that "forcing" DM to testify would be somehow unfair. She was in the house during the murders. She was involved in finding the bodies and calling 911. While we don't know what she said to him about what she saw or heard during the night, she apparently is the one who called EC's friend to come to the house hours after the murders when she couldn't rouse her roommates by phone. Some of her statements to LE were used to support the arrest of BK. Of course, she's going to have to testify. And of course she's likely to be asked some questions that might be uncomfortable for her to answer. I'm not unsympathetic to DM's plight, but on the one hand we have her distress, and on the other hand we have a man's life (either his actual life or his ability to have a life outside of prison.) Protecting DM or any other witness from distress can not be a priority. Even protecting surviving family members from unpleasant realities can't determine what areas can be explored in court (although family can be warned they might want to leave at certain points.)

I certainly hope the state isn't deciding how to prosecute the case (having a surprise GJ, for example) with the priority of protecting or even hiding DM or any other witness. I don't think that would be a legitimate use of the state's power.
JMO
You prove my point, the defense will do anything for their client.

And I never mentioned DM being forced to testify, of course she will testify. A witness at the scene usually always testifies.

I was talking about the defense claiming BF has exculpatory evidence. They were not forcing her to testify at the hearing. They were going to get her "exculpatory" testimony in a deposition in Utah, then present her testimony in the preliminary hearing.

I believe if BF really does have exculpatory evidence that AT would not have postponed the preliminary hearing for 6 months. She would want to hurry up and present this evidence in court before the prosecution trumps her with a GJ indictment. I believe she wanted the GJ indictment because she has no exculpatory evidence to present in court for BK.

The defense hasn't even tried to get BK bond. Why? Because the evidence against him is too overwhelming.
If he is charged with the DP I think his defense will convince him to plea to spare him from death row.

2 Cents
 
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Idaho prosecutors revealed that a “STR” DNA comparison was performed between a cheek swab collected from 28-year-old Kohberger and the sheath found “face down and partially under” one of the four murder victims. The DNA was “at least 5.37 octillion times more likely” to belong to Kohberger than an “unrelated individually randomly selected from the general population,” prosecutors said.
 
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DNA from victim's nightgown will be presented in court. And BK's DNA.
The nightgown thing is from another case they are citing as precedent.
 

Idaho prosecutors revealed that a “STR” DNA comparison was performed between a cheek swab collected from 28-year-old Kohberger and the sheath found “face down and partially under” one of the four murder victims. The DNA was “at least 5.37 octillion times more likely” to belong to Kohberger than an “unrelated individually randomly selected from the general population,” prosecutors said.

He is scr*wed.
 

Idaho prosecutors revealed that a “STR” DNA comparison was performed between a cheek swab collected from 28-year-old Kohberger and the sheath found “face down and partially under” one of the four murder victims. The DNA was “at least 5.37 octillion times more likely” to belong to Kohberger than an “unrelated individually randomly selected from the general population,” prosecutors said.


A tip was sent in to investigate Kohberger. Tip?! Anyone care to speculate where this may have originated?
 
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You prove my point, the defense will do anything for their client.

And I never mentioned DM being forced to testify, of course she will testify. A witness at the scene usually always testifies.

I was talking about the defense claiming BF has exculpatory evidence. They were not forcing her to testify at the hearing. They were going to get her "exculpatory" testimony in a deposition in Utah, then present her testimony in the preliminary hearing.

I believe if BF really does have exculpatory evidence that AT would not have postponed the preliminary hearing for 6 months. She would want to hurry up and present this evidence in court before the prosecution trumps her with a GJ indictment. I believe she wanted the GJ indictment because she has no exculpatory evidence to present in court for BK.

The defense hasn't even tried to get BK bond. Why? Because the evidence against him is too overwhelming.
If he is charged with the DP I think his defense will convince him to plea to spare him from death row.

2 Cents
I'm sure the defense knows there's zero chance anyone facing multiple murder charges would ever get bail. It has little to nothing to do with whatever the evidence may or may not turn out to be. There was enough for 4 murder indictments and that's all that matters for consideration of bail. Evaluating the supposed evidence is not the primary consideration for a judge when making decisions about bail. Instead judges look at things like the nature of the crime (a capital crime here), ties to the community (here, none) employment (here, none) It would be silly for the defense team in this situation to waste time pursuing bail.

I'm not really understanding why you seem to find it unacceptable AT is working hard for her client. Don't we want to all defense attorneys to do that? Personally I don't see that AT has done the things you accuse her of (manipulating the state into calling a GJ, for example) but even if she had, so what? That says a lot more about the DA's competence than AT's! Certainly there's nothing she's done that's publicly known that crosses any professional line. I'm also not clear on why there seems to be so much emphasis on AT producing exculpatory evidence... As if it's her job to prove BK innocent. Obviously it's not.
JMO
 
He is scr*wed.

Pretty good way to sum it up. Right in front of our eyes we are watching the defense crash and burn in my opinion.

"To decide how to go forward," according to a defense Motion, the defense needs GJ testimony. In all of AT's 51 terabytes of information/evidence all she has left is to try to find some way to discredit the GJ testimony. How it looks to me.


2 Cents
 
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I re-read that article and it seems like the tip prompted them to go through the neighbors trash. So the tip, where could it have originated from, really? Family who observed behavior with gloves? Neighbors aware he was using their garbage can? Folks back in Moscow?
 
I re-read that article and it seems like the tip prompted them to go through the neighbors trash. So the tip, where could it have originated from, really? Family who observed behavior with gloves? Neighbors aware he was using their garbage can? Folks back in Moscow?
For 4 days in December 2022 he was under LE surveillance, they - LE - saw him putting something in neighbor's trash.

 
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