You are right that the defense, all defenses will attempt assail the phone evidence.
IMO it will be strong, as cell tower CAST analysis is very good. But there could be a problem. At trial the strength of evidence will be considered by the jury.
4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #84
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IMO it will be strong, as cell tower CAST analysis is very good. But there could be a problem. At trial the strength of evidence will be considered by the jury.
Nila Aella
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Thx @SpiderFalcon. I plan to read more about the appellate court procedure laid out by Idaho. MOO
Hey I am no fan of this source but LOOK at this weird development. We need a new distraction leading up to today, right? And I mentioned juvie criminal past yesterday and have wondered about any prior crimes or charges. It is likely irrelevant but a distraction nonetheless.
Idaho murders suspect was arrested in 2014 over sister's iPhone
Bryan Kohberger was arrested back in 2014 after stealing one of his sisters' iPhones while battling a drug addiction, a new report has revealed.
Cool Cats
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Wow, thanks ChloeHey I am no fan of this source but LOOK at this weird development. We need a new distraction leading up to today, right? And I mentioned juvie criminal past yesterday and have wondered about any prior crimes or charges. It is likely irrelevant but a distraction nonetheless.
Idaho murders suspect was arrested in 2014 over sister's iPhone
Bryan Kohberger was arrested back in 2014 after stealing one of his sisters' iPhones while battling a drug addiction, a new report has revealed.www.dailymail.co.uk
Apparently BK stole his sisters phone and it became a police matter because his father reported.
abcnews.go.com
Idaho college killings suspect was first arrested in 2014, records show
Idaho college killings suspect Bryan Kohberger was first arrested in 2014, records show.
Apparently BK stole his sisters phone and it became a police matter because his father reported.
Idaho college killings suspect was first arrested in 2014, records show
Idaho college killings suspect Bryan Kohberger was first arrested in 2014, records show.
Well that was a better article and source so thank you!
maskedwoman
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My first thought was that it certainly puts to rest any Normal Rockwell vision (dating myself there!) of the Kohberger family dymanics. Granted, it's a very long way from stealing your sister's cell phone to murdering 4 people, but it certainly tells us that their relationships were not so warm and loving that it would never occur to any of them to consider him a suspect in a crime. MOOoooApparently BK stole his sisters phone and it became a police matter because his father reported.
Idaho college killings suspect was first arrested in 2014, records show
Idaho college killings suspect Bryan Kohberger was first arrested in 2014, records show.
I don't know how relevant it actually is but it is interesting to observe family dynamics. Elder sister got younger brother in trouble, younger brother has theft history, family tries to hold him accountable with police involvement. It also leads me to believe that his behaviors burden the family and so there might be some suspicion or at least some hypervigilance related to him, and perhaps the Christmas time story of suspicion is accurate. JMOO
The prosecution may be confident of a conviction, but I don't know if they are confident about a death sentence, two separate trials. The former, more likely, IMO, than the latter.
MyTinkieGirl
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For me, IMO, BK, being a different kind of duck, doesn't seem close enough to anyone to have a "ride or die" willing to be recruited for this type or any type of action.
There's far too much questionable behavior on his part to explain away. When that starts to happen, IMO, the excuses/explanations become harder to remember.
All just my opinion. (I also believe, IMO, there might be video from his apartment complex of him leaving in his black ninja outfit and returning in street clothes. Not indicative of guilt, though.)
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schooling
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Petty theft in relation to a close family member is a whole different ball game. As an extremely empathetic person myself, I couldn't even imagine.
MOO
schooling
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The video evidence makes it much more likely that the cell evidence is right.
The cell evidence makes it much more likely that the car in the video is his.
The DNA evidence makes it much more likely that it was in fact his car heading to the house to commit the murders.
Could someone give me a reasonable alternative?
Without the video evidence you could attack the cell evidence. Which could weaken the DNA evidence.
BUT unfortunately for BK the corroborating evidence was compiled masterfully as demonstrated in the PCA. There's just too many vectors to attack and dismiss.
Many want to assume that evidence will be siloed by the jury and only be considered inside of a vacuum. To reject the cell phone evidence you'll have to believe that the other 2 pieces are also the result of coincidence.
Good luck to the defense.
MOO.
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Beth11311
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It’s actually (sadly) quite common especially when someone is newly out of treatment and still battling a drug addiction to steal from family members before branching outwards to strangers. His dad did good by holding him accountable and contacting LE.
10ofRods
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DNA is DNA. Touch DNA simply means that it didn't come from a cheek swab or taking blood or any similar method.
There is no difference in the reliability of the DNA or its analysis. There is only one way for a sequence of DNA to be made and that's by the living organism, of which it was once a part.
Further, use point DNA is not classified as "touch DNA" (whatever that is). We breathe out DNA. Our clothing is imbued with our DNA. But this was not "airborne" DNA nor was it on a random piece of bedding.
Every reasonable person knows why sheaths exist. I believe this extends to the function (use) of a snap mechanism. When DNA is found on the part of a tool/object that must be touched in order for the tool to be used (the sheath must be unsnapped to remove the knife), it is there for a reason. The person leaving it used their fingers to unclasp and clasp the snap. If enough analysis were permitted we could likely say approximately how many times the person had snapped and unsnapped that sheath.
I don't know what you might mean by "touch DNA" is not complete. Why would it not be complete? Complete sequences are gained from "touch DNA" (use point DNA in this case) all the time.
Use point DNA is OFTEN complete. That's why LE and forensic investigators are taught to look for it first. Steering wheels. Sunglasses. Car handles. Tools. Silverware. ETC. DNA is fairly indestructible. Touching a sheath snap just ONE time likely left a complete profile; opening and closing the snap several times would leave thousands of epithelial cells in the little grooves within the snap mechanism and especially along the sides where the snap was forced into the leather and left a larger, deeper groove.
IMO.
schooling
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From my limited understanding it depends on the type of contact and the material/substrate that is being touched.
BK was unlucky enough to press down hard enough and in a area that he left a complete profile. And if not complete, it was complete enough to get us to 5.37 octillion.
MOO
schooling
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The accomplice thing is also something I've only seen mentioned in odd places across the internet with absolutely no evidence to support it. Besides weird interpretations of BKs ghoulish 'here to help' line that was most likely directed towards one of the victims. The most common narrative being that BK the brilliant genius with the heart of gold was manipulated and happenstanced himself into he situation.
The surviving family of a deceased person frequently cited (not by anyone on WS) has had their life turned upside down.
I feel like I'm free to mention all of the above because an article was recently written about it in the WashingtonPost dedicated to this family and this very topic.
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kittythehare
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that latter one tho'..
licking my lips like an evil cat here..
10ofRods
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I don't think I've gone more than one semester in more than 30 years and not had a student report a theft by a sibling or a dorm roommate (whom they had regarded as a friend).
Textbooks stolen and resold = fairly common. Prescriptions stolen. Money (this gets reported to me when the student can't buy the optional book for their term paper). The prescription stealing thing is fairly new, and the weird thing is that the thief doesn't even care if it's a valuable street drug - they're stupid enough to try and sell any pills they find in the house.
I used to think it was not true (excuses), but in many cases, either the student was very believable (and could list many more incidents) but also, students have provided documentation. Some of them have turned their sibs (or cousins) into LE. Most do not. Most appeal to pastors, churches, other relatives (especially if there was violence involved - because that happens too, in the context of trying to get back the missing phone or computer or books). Some are afraid of retaliatory violence, so they don't even tell their parents.
I have also had (just last week another one!) students tell me that they ARE thieves and are trying hard not to be. These are students who are now in the legal system and have to miss exams/class due to various legal matters (including community service). And guess who the victims usually are? Spouse is top of the list and siblings are the next most likely victims. I looked up the legal records of last week's student and he has quite the rap sheet!
I've also had students steal things from my office by asking for a photocopy of an article or something and then boosting one of my artifacts while I went to photocopy it. This is very rare (maybe 4-5X over 40 years). But my point is that non-stranger theft is a real thing and my own view is that there's something really wrong with the thief, esp. if they are over the age of about 10-12. I always ask lots of questions and it's usually just one sibling and everyone else is honest and normal. It fascinates me. The reasons (from the point of view of the victim) often go back to drug use by the thief (or criminal gang involvement). But sometimes, it's a mental condition (the example I remember best involved undiagnosed mental illness, IMO - and that was a family whose house I did get to visit and observe - it was a story almost too fantastic to believe).
But I agree, it's a whole 'nuther ball game (interpersonally, psychologically, legally) when a person steals something valuable from another family member (excluding of course those times that 7 year old siblings "borrow" something from an older sibling and it's found in their room, e.g. time for an ethics lesson).
IMO.
Twistinginthewind
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The devil made him do it?
Just kidding... kinda sorta... JMO.Mitigating circumstances don't necessarily have to come into play, it's just that they can? If I'm reading things right.
I could be totally off base, but I wouldn't put it (or anything) past him in terms of inventiveness in having a Plan B -- excuses/mitigating circumstances if he got caught red handed and had no alibi and was charged with the DP and had to come up with something as to "why he did it", that is, if he ever admits to killing them, to avoid the DP and "only" serve LWOP if convicted.
Such as, speculating here, he was so angered by one or more of the women living in the house rejecting him online and/or in person, and "saw red" or "blacked out" when he went on a murderous spree he doesn't really recall what all he might have done or remember much.
Maybe he'll admit to stalking them, night prowling, lurking, etc., but not to premeditation?
Like he was just going there that night like the other dozen or so times to look in the windows at one or more of them, and next thing he knew, he was standing outside his car with a bloody knife in his hand.
So he's in some trance or fugue state or having an engram, looking down at and/or feeling the knife in his hand, and thinks he'd better go, so he disrobes and gets in his car and the rest I think we know.
In the Mollie Tibbetts murder case, her killer Cristhian Rivera claimed that he must have "blocked out his memory" before or during attacking her after jumping out of a car and disabling her with blunt force while she was running down a country road.
He told LE (at first anyway) when he "came to", he was sitting in the driver's seat of the car and looked down and saw her phone in his hand, and realized she was in the trunk of his car and was injured or dead, so he drove to a corn field and disposed of her body, and went home and waited to see if LE would find him, and they did. He was convicted and is serving LWOP.
That sort of scenario is what I think might be BK's Plan B. Not sure if it would be mitigating enough to avoid the DP, but it might be a sort of last gasp spaghetti defense if the SODDI/TODDI defense goes down the drain.
All MOO speculating and spitballing, if BK is guilty and it comes down to the wire and he feels/his defense feels he has to say something/anything, it might be something like that -- I was outside of myself and don't really remember, it wasn't the me that I know, anyway.
This possibility (the "other me" could have been the one who did it) was hinted at at the very beginning, IMO, when his PD in PA shortly after his arrest said this after speaking with BK (B&UBM):
"Jason LaBar, the chief public defender of Monroe County, Pennsylvania, is representing Kohberger in the extradition but not the murder case. He called the charges "a little out of character."
"He said this is not him," LaBar told TODAY on Tuesday, Jan. 3. "He believes he's going to be exonerated. That's what he believes, those were his words.""
Public defender says Idaho murder suspect is ‘calm,’ believes he’ll be exonerated: ‘This is not him’
Well if BK's PD at the time of his arrest says he thought the charges are a little out of character for him, and this is not him, then that doesn't exclude that maybe it was his evil twin brother (the one that shares his psyche), IMO.
MOO
The devil made him do it?
Mitigating circumstances don't necessarily have to come into play, it's just that they can? If I'm reading things right.
I could be totally off base, but I wouldn't put it (or anything) past him in terms of inventiveness in having a Plan B -- excuses/mitigating circumstances if he got caught red handed and had no alibi and was charged with the DP and had to come up with something as to "why he did it", that is, if he ever admits to killing them, to avoid the DP and "only" serve LWOP if convicted.
Such as, speculating here, he was so angered by one or more of the women living in the house rejecting him online and/or in person, and "saw red" or "blacked out" when he went on a murderous spree he doesn't really recall what all he might have done or remember much.
Maybe he'll admit to stalking them, night prowling, lurking, etc., but not to premeditation?
Like he was just going there that night like the other dozen or so times to look in the windows at one or more of them, and next thing he knew, he was standing outside his car with a bloody knife in his hand.
So he's in some trance or fugue state or having an engram, looking down at and/or feeling the knife in his hand, and thinks he'd better go, so he disrobes and gets in his car and the rest I think we know.
In the Mollie Tibbetts murder case, her killer Cristhian Rivera claimed that he must have "blocked out his memory" before or during attacking her after jumping out of a car and disabling her with blunt force while she was running down a country road.
He told LE (at first anyway) when he "came to", he was sitting in the driver's seat of the car and looked down and saw her phone in his hand, and realized she was in the trunk of his car and was injured or dead, so he drove to a corn field and disposed of her body, and went home and waited to see if LE would find him, and they did. He was convicted and is serving LWOP.
That sort of scenario is what I think might be BK's Plan B. Not sure if it would be mitigating enough to avoid the DP, but it might be a sort of last gasp spaghetti defense if the SODDI/TODDI defense goes down the drain.
All MOO speculating and spitballing, if BK is guilty and it comes down to the wire and he feels/his defense feels he has to say something/anything, it might be something like that -- I was outside of myself and don't really remember, it wasn't the me that I know, anyway.
This possibility (the "other me" could have been the one who did it) was hinted at at the very beginning, IMO, when his PD in PA shortly after his arrest said this after speaking with BK (B&UBM):
"Jason LaBar, the chief public defender of Monroe County, Pennsylvania, is representing Kohberger in the extradition but not the murder case. He called the charges "a little out of character."
"He said this is not him," LaBar told TODAY on Tuesday, Jan. 3. "He believes he's going to be exonerated. That's what he believes, those were his words.""
Public defender says Idaho murder suspect is ‘calm,’ believes he’ll be exonerated: ‘This is not him’
Well if BK's PD at the time of his arrest says he thought the charges are a little out of character for him, and this is not him, then that doesn't exclude that maybe it was his evil twin brother (the one that shares his psyche), IMO.
MOO
Just my opinion, but I don't think that BK or his attorney will introduce mitigating circumstances at the sentencing hearing (if he's found guilty at trial) that are related to the actual murders. I think it is more likely that the mitigating circumstances introduced at that time will more likely be related to issues of character, background or record that suggests that a sentence other than death should be imposed.
From the Idaho Code on Instructions to Jury during sentencing hearing in a capital case:
"A mitigating factor is any fact or circumstance relating to the crime or to the defendant's state of mind or condition at the time of the crime, or to his/her character, background or record, that tends to suggest that a sentence other than death should be imposed."
"A mitigating factor does not have to constitute a defense or excuse or justification for the crime, nor does it even have to reduce the degree of the defendant's blame for the crime . . .
". . . Mitigating factors may include any fact or circumstance that inspires sympathy, compassion or mercy for the defendant."
ICJI 1717 Mitigation
Note that mitigating factors may come from the defense, prosecution, or the defendant himself. And either from the trial or from the sentencing hearing.
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