4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #88

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Whenever the media uses "unnamed sources" that is a guarantee that they are making up the story.

This is absolutely not true.

As familiar as some people are with every detail of this case, when various details reported by anonymous sources turn out to be true at trial (if there is a trial and BK doesn’t take a plea), hopefully there will be some re-evaluation of how “the media” works.
 
<snipped>

Yes, any of this is possible. His lawyer is having to fight hard to discover the entire process used. She has already described it as a "bizarre experiment" in a court document. I don't think she would make that allegation unless something is very wrong.
AT is being extremely disingenuous when she describes it as a bizarre experiment. Her own expert witness has been doing this same thing since 2014. I think we need to put some of these statements in context. No offense to our lawyer members, but one tool of any lawyer's trade is convincing people to accept what they say without thinking it through for themselves.

Edited by me to capitalize the T.
 
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Agree. I wouldn't feel threatened and would have lost it a long time ago - specifically with the first Motion to Compel made public in the face of a gag order putting forward many inaccurate statements. Imo, they have exhibited considerable restraint. She's accused them of misconduct and LE of planting evidence. This is theatre for public consumption imo. And, I would have made a motion asking the court to stop her from making any such further statements without proof or, face sanctions - especially since he has gagged the case.

jmo
She's not making any public statements, just court motions. We can't have secret courts just because some people are uncomfortable with a vigorous - or tactical - defense.

Prosecutor should be relaxed as anything right now, if he's sure of his case then there's no issue, public theatre or not.
 
Mr Google just informed me that in 2020, there were 21, 570 murders in the US. I hate to think how many murders there have already been in this century. So 1,167 wrongful convictions over whatever time period is really the proverbial drop in the ocean (although of course that does not take away from the awfulness of the wrongfully convicted person's situation.) But this figure of 1,167 in no way points to a strong likelihood of BK being wrongfully accused, in fact quite the opposite IMO.
No I posted it to demonstrate that there is a significant number of cases where:

- Someone was convicted of murder
- The prosecution was successful the first time round
- The jury - and possibly public opinion - was in agreement with the prosecution
- They were all wrong.

It does happen and that's why it's legitimate to be as rigorous with a defense as you can be. When the almighty power of the state comes down on one person, the constitution is there to protect them.

Equally, IMO, one wrongful prosecution undermines the entire justice system. But I know some are of a different view.
 
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BK's past behaviors need to be determined, IMO. This could work to the benefit or detriment of either side. JMO.

For example: BK's family might testify to a lifelong habit of wearing gloves and sorting trash. His phone records might show a consistent pattern of being turned off in the early morning hours when he's on drives (not counting the twelve previous times his phone was near King Rd.) These behaviors being habitual would lessen the impact of them happening before and after the murders. OTOH, if he was not known to do either of these things, but suddenly did around the time of the murders, that might make them significantly more suspicious.

The problem here is that we don't know. But the D and P does, I'll bet. What behaviors were in character, or out of character, seem really important to me. JMO.
 
How do you know if it relevant or not? Has an unbiased outside source run the same type of match on the DNA evidence? The answer is: No. So you do not know and there is no way for you to know if the results are accurate unless and until the DNA results and IGG results are rerun by an unbiased outside source and proven to be be either accurate or inaccurate or at the very least, the complete documentation of the process is given to the defense. This is not a wild goose chase. This is a very reasonable question to pursue. And yes, Anne Taylor should be given the documentation of the complete process and if there is any DNA sample left, she should be given that as well to have run by an unbiased outside source. A man's life is at stake.

This is no difference than a patient getting a second opinion. If your life was at stake wouldn't you get a second opinion? I certainly hope you would. And when you get a second opinion, your doctor will usually give you a copy of your complete labs and diagnosis to take to the doctor who will give the second opinion. This is normal and usual. Your doctor doesn't try to hold onto your labs and diagnosis and hide it from the doctor who will give the second opinion. They give you complete information of how you were diagnosed with whatever. Then the doctor who gives the second opinion reads your labs and diagnosis and decides if more information is needed and may or may not run additional labs depending on what he/she sees and will render his/her opinion on your diagnosis.

If the prosecution is certain of their results, they should not mind giving this information and even a sample of the DNA to the defense if any is left.
A computer with a database was asked to match a sample string of letters from a crime scene to items in its database, items composed of the strings of opted in indidivdual's DNA. The computer was tasked to look for matching sections of pattern.

The police have documented their query and the output; which was the names of relatives of BK.

The internal matching process is anonymous, even from LE per policy.

MOO This is where AT is challenging the process, wanting the matching process information from the computer program searching the opted in database that the "police users" of the system do not have.
She would like the DNA match suppresseed until the challenge is resolved.

The output was documented, which were the names of relatives of BKs.

This is a question for a higher court, in the meantime justice proceeds towards trial with the information that BK left his DNA at the crime scene.
 
I would ignore that statement since it has no source. What we do know from sources though is that DNA has helped to exonerate 575 people. So, I'm not sure why it's being twisted into DNA can wrongly convict an innocent person?

In fact, The Innocence Project (link below) makes the argument that DNA testing should be available to all defendants. So, they seem more than comfortable with it/confident in it. jmo Some of the wrongfully convicted confessed against themselves; others had an informant lying or a faulty eyewitness identification.

I see no wrongful convictions where the DNA of the convicted was shown to be a match to the DNA retrieved from the crime scene.

jmo

dna-and-wrongful-conviction-five-facts-you-should-know
I broke down the cases that are being cited the most by followers of this case.

Most of them involve misreading incomplete profiles, miscalculating population probabilities, and lab mistakes where a known sample get's unintentionally mixed with the the unknown sample it's being tested against.

The other one, from the gentleman on deathrow, involved a defendant who admitted to being on the scene and touching the place his dna was found (murder weapon) and the prosecutors holding back that there were 2 other samples found on the murder weapon.

I haven't seen any cases that come even close to BK's.
 
Would the Prosecution consider re-running DNA to settle the genetic gemology issue? I understood it to be settled before he was held so would they do it now to clarify?

Edit: I mean now that BK has waived his speedy trial. Maybe in an effort to get the ball rolling again now (if the defense thinks they were playing keep away)?
 
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Oh, so a person signed a sworn affidavit saying she knew of the FBI and other LE committing malfeasance in genetic genealogy, said she was a personal witness to LE being either corrupt or unethical, SWEARS this under penalty of perjury and doesn't realize her affidavit can be used to indict the she swears she knows (who are doing illegal things)?

FBI is obligated to investigate all wrong doing by LE, anywhere and everywhere. Here's a person who swears in court she knows of wrongdoing and so of course, they're going to call her up and ask to drop by and speak with her.

Didn't she go public with a partial retraction? (After she testified under oath, of course). According to the DM article, Ms Vargas told the FBI that parts of her affidavit were "in error" and that she did not read it thoroughly before signing. That gets her off the hook somewhat, I guess.

Prosecutor Bill Thompson said the following (according to the linked article):

//
'The FBI agreed, and Ms. Vargas claimed that some of what was in her declaration she had inadvertently agreed to or signed without fully reading it.

'We're documenting that so we can share it with Ms. Taylor.'//

Apparently, Thompson has the same concerns as the FBI. A witness swears out a document accusing (however vaguely) LE of illegal activities/malfeasance is going to get the attention of LE and the State. It's almost as if the Defense thinks that LE isn't as concerned about malfeasance as anyone else (they ARE concerned, no one wants bad cops). IMO.

Which makes me wonder if Ms. Vargas ever turned in the people she claims illegally used genetic databases (and if she really knows she people - looks like she may have backed down on that)? IMO.

 
Didn't she go public with a partial retraction? (After she testified under oath, of course). According to the DM article, Ms Vargas told the FBI that parts of her affidavit were "in error" and that she did not read it thoroughly before signing. That gets her off the hook somewhat, I guess.

To my knowledge, once you are 18, the onus is on the person to carefully read everything before you sign.

IMO she shouldn’t get off the hook, but she has proved herself to be an unreliable testifier. Perhaps even committed perjury?

I always told my daughter and my eldest granddaughter, as well as my students over 25 years of teaching—-when you are an adult, your signature is the most valuable asset you have.

JMO
 
Would the Prosecution consider re-running DNA to settle the genetic gemology issue? I understood it to be settled before he was held so would they do it now to clarify?

Edit: I guess I mean now that BK has waived his speedy trial. Maybe in an effort to get the ball rolling again now that that issue is sort of settled if the defense thinks they were playing keep away?

It won't settle anything. So re-running the labwork is not the issue any longer.

No one is disputing the actual DNA labwork. The Prosecution did not run the DNA themselves, it was done at the Idaho State Police Lab. No one is claiming THEY did it wrong (especially as now there is a buccal swab and it matches Kohberger precisely, as it should).

The dispute is over a game of match. The letters from the sheath DNA results (all those ATCG's) gave a close relationship hit from a data base of millions of people who are contributing, voluntarily, their DNA to forensic work. To catch criminals. I'm about to upload mine to Othram, as well. Othram has its own forum here on WS and has been instrumental in solving many crimes.

What the Defense wants is something that was done by a non-thinking, non-notetaking computer. A giant spreadsheet, if you will. In which only a computer did the work and spat out the results. They want the "work product" of a computer.

Think of it like typing your name into a word document, then passing the document to someone else. Each person types in their name.

Then you use the search function to look for your own name. Should the FBI have taken a screen shot of this? Why? It always works the same way. No one takes screen shots of things like that. Instead, once the match was made, FBI had the percentage number of the match. A number that looks something like this:

23% identical to [Joe Kohberger]. (We know there was a match to a Kohberger, I made up the first name). For comparison, I have a 1% match with over 3000 people. I'm still related to them - but that wouldn't help much in a task like this one. What proof can I show that 1% is too low to be an effective match? None. Indeed, it could be a big lead in other circumstances. If my DNA was used, there would be one person (my daughter) who matches me 50% and two women (my half-sisters) who match me 23% and 25.2$ respectively (they also match my daughter at about 12-13%). Then there are about 1000 people who are my cousins (first, second, third and fourth - often 1-3x removed). If Kohberger were my cousin - he'd be in that smaller group. The fact that both names are Kohberger is helpful but it could have been a different last name.

IOW, all this stuff I just wrote - is it evidence? Is it work product? Or is it just common sense? I say it's just common sense. It's like asking some to "show their work" when 1+1 = 2

How does one show the work product for 1 + 1 ??? Would love to hear some answers - but I have never gotten any ones I can understand. People want to grab two items and show me and count - that's not "work product." That's common sense object lessons.

FBI did not build the database. FBI does not own the propietary decision-making 0's and 1's that run the database.

FBI did not find a Kohberger and tell them to submit DNA to Othram (or whatever service).

This was done voluntarily by whatever Kohberger submitted their DNA results. As far as we know, Othram never ran any results in a wet lab (they DO have the ability to do it - but their website says that's in really unusual circumstances; their main goal is IGG).

FBI did not tell the Othram-Kohberger to give their DNA to Othram, this was done voluntarily (and Othram is an entirely forensic - service, they make it VERY clear that the voluntary submission of one's results from a DNA test WILL be used to capture criminals - that's the whole point of this particular dBase, which I believe they used).

My problem with all of this is that apparently, the Defense wants the DNA results from the actual person (Joe Kohberger). Those are medical records. They were given to Othram for one purpose - not for sharing with the public. It's sad, but this tactic by the Defense will likely cause fewer people to upload their existing DNA results to IGG sites. I suppose that's the point. I'll continue my own campaign to get as many people as possible to get their results (somewhere) and then upload them to reputable IGG companies.

FBI put their stranger DNA ACTG report into a database that analyses ACTG's across millions of submissions and computes matches mathematically.

It's all just math. And very very simple math at that (not even college algebra needed). It's the sheer number of those letters (600,000 analyzed per submission x 1-2 million submissions) that means a computer must do it. A human would keep losing track and it would take years for them to get the results. Computer does it in a couple of seconds.

IMO.
 
It won't settle anything. So re-running the labwork is not the issue any longer.

No one is disputing the actual DNA labwork. The Prosecution did not run the DNA themselves, it was done at the Idaho State Police Lab. No one is claiming THEY did it wrong (especially as now there is a buccal swab and it matches Kohberger precisely, as it should).

The dispute is over a game of match. The letters from the sheath DNA results (all those ATCG's) gave a close relationship hit from a data base of millions of people who are contributing, voluntarily, their DNA to forensic work. To catch criminals. I'm about to upload mine to Othram, as well. Othram has its own forum here on WS and has been instrumental in solving many crimes.

What the Defense wants is something that was done by a non-thinking, non-notetaking computer. A giant spreadsheet, if you will. In which only a computer did the work and spat out the results. They want the "work product" of a computer.

Think of it like typing your name into a word document, then passing the document to someone else. Each person types in their name.

Then you use the search function to look for your own name. Should the FBI have taken a screen shot of this? Why? It always works the same way. No one takes screen shots of things like that. Instead, once the match was made, FBI had the percentage number of the match. A number that looks something like this:

23% identical to [Joe Kohberger]. (We know there was a match to a Kohberger, I made up the first name). For comparison, I have a 1% match with over 3000 people. I'm still related to them - but that wouldn't help much in a task like this one. What proof can I show that 1% is too low to be an effective match? None. Indeed, it could be a big lead in other circumstances. If my DNA was used, there would be one person (my daughter) who matches me 50% and two women (my half-sisters) who match me 23% and 25.2$ respectively (they also match my daughter at about 12-13%). Then there are about 1000 people who are my cousins (first, second, third and fourth - often 1-3x removed). If Kohberger were my cousin - he'd be in that smaller group. The fact that both names are Kohberger is helpful but it could have been a different last name.

IOW, all this stuff I just wrote - is it evidence? Is it work product? Or is it just common sense? I say it's just common sense. It's like asking some to "show their work" when 1+1 = 2

How does one show the work product for 1 + 1 ??? Would love to hear some answers - but I have never gotten any ones I can understand. People want to grab two items and show me and count - that's not "work product." That's common sense object lessons.

FBI did not build the database. FBI does not own the propietary decision-making 0's and 1's that run the database.

FBI did not find a Kohberger and tell them to submit DNA to Othram (or whatever service).

This was done voluntarily by whatever Kohberger submitted their DNA results. As far as we know, Othram never ran any results in a wet lab (they DO have the ability to do it - but their website says that's in really unusual circumstances; their main goal is IGG).

FBI did not tell the Othram-Kohberger to give their DNA to Othram, this was done voluntarily (and Othram is an entirely forensic - service, they make it VERY clear that the voluntary submission of one's results from a DNA test WILL be used to capture criminals - that's the whole point of this particular dBase, which I believe they used).

My problem with all of this is that apparently, the Defense wants the DNA results from the actual person (Joe Kohberger). Those are medical records. They were given to Othram for one purpose - not for sharing with the public. It's sad, but this tactic by the Defense will likely cause fewer people to upload their existing DNA results to IGG sites. I suppose that's the point. I'll continue my own campaign to get as many people as possible to get their results (somewhere) and then upload them to reputable IGG companies.

FBI put their stranger DNA ACTG report into a database that analyses ACTG's across millions of submissions and computes matches mathematically.

It's all just math. And very very simple math at that (not even college algebra needed). It's the sheer number of those letters (600,000 analyzed per submission x 1-2 million submissions) that means a computer must do it. A human would keep losing track and it would take years for them to get the results. Computer does it in a couple of seconds.

IMO.

You have tried laboriously to explain this to lay folks. This explanation is quite detailed and helpful even though it's probably monotonous to you. So I thank you for your time simplifying it to that level.
 
Oh, so a person signed a sworn affidavit saying she knew of the FBI and other LE committing malfeasance in genetic genealogy, said she was a personal witness to LE being either corrupt or unethical, SWEARS this under penalty of perjury and doesn't realize her affidavit can be used to indict the she swears she knows (who are doing illegal things)?

FBI is obligated to investigate all wrong doing by LE, anywhere and everywhere. Here's a person who swears in court she knows of wrongdoing and so of course, they're going to call her up and ask to drop by and speak with her.

Didn't she go public with a partial retraction? (After she testified under oath, of course). According to the DM article, Ms Vargas told the FBI that parts of her affidavit were "in error" and that she did not read it thoroughly before signing. That gets her off the hook somewhat, I guess.

Prosecutor Bill Thompson said the following (according to the linked article):

//
'The FBI agreed, and Ms. Vargas claimed that some of what was in her declaration she had inadvertently agreed to or signed without fully reading it.

'We're documenting that so we can share it with Ms. Taylor.'//

Apparently, Thompson has the same concerns as the FBI. A witness swears out a document accusing (however vaguely) LE of illegal activities/malfeasance is going to get the attention of LE and the State. It's almost as if the Defense thinks that LE isn't as concerned about malfeasance as anyone else (they ARE concerned, no one wants bad cops). IMO.

Which makes me wonder if Ms. Vargas ever turned in the people she claims illegally used genetic databases (and if she really knows she people - looks like she may have backed down on that)? IMO.

Thank you 10, so agree.

I said it the day I read her CV that I sure as heck wouldn't want to be making those kind of allegations against LE/FBI. Does not surprise me one bit they went to talk to her. I bet she is regretting it now.

MOO
 
RSABBM

Really? Am I misunderstanding the bolded portion? This statement implies that BK should not have been arrested. Is that what you meant to convey?
Initially, I was convinced this was a completely and totally different kind of case. Then after BK's arrest, I was, at first, perplexed and then decided like many here that BK was the right suspect, however, the more I delve into this case, the more it looks like this is something completely different than an incel case. So I am now back to my original case theory. You know if it walks like a duck, and quacks like a duck...

I think LE thought that after they arrested BK, they would issue lots of search warrants (which they did) and find many things that linked BK to the roommates, the weapon and other items related to this crime, but apparently their search warrants did not come to fruition according to what his attorney, Anne Taylor has written. I'm still keeping an open mind that the prosecutor surely MUST have something more than the little we know of. But the prosecution and the defense are supposed to have shared everything with each other and AT wrote that there was "precious little" evidence against BK. The information in the PCA is weak and far too easy to tear apart.

I come from a family full of members of LE, military and attorneys, so it is not like I am anti LE or anti-prosecution at all, in fact I'm the total opposite of that. Those are MY people and they are HEROES. But I also know they are human beings and can make mistakes. From what I've seen so far, this case really has me very concerned. And I'm even more concerned about what it means if they have not arrested the right person(s) because that is terrifying.

However, I remain open minded to hearing the prosecutions case. Perhaps once I hear it, I will be reassured that they have the correct defendant.
 
Did BKs apartment have a garbage chute or possibly on campus? Would that make it more difficult for LE to collect evidence? Or maybe he was keeping his trash in the trunk.

IMO an outbreak certainly would have helped him prepare for keeping track of DNA and disposing of anything incriminating. JMO.
No trash chutes in the Steptoe Village apartment complex, and there are big communal dumpsters. I agree with the possibility that BK may have been secreting his trash for disposal elsewhere in an attempt to protect his DNA from collection.

Source: I’ve been in the Steptoe Village apartments & general info here:
https://housing.wsu.edu/apartments/ssa-handbook/
 
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