4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #95

[Nila Aella]

STR Match:

Once the DNA recovered from the sheath was tested against Kohberger's cheek swab, the profile findings were said to be "at least 5.37 octillion times more likely to be seen if Defendant is the source than if an unrelated individual randomly selected from the population is the source," according to information in the motion for protective order filed June 16.

“Those numbers are not like the force of gravity or E=MC2, they’re calculations that give us some idea of the weight of the match, the confidence, but this is a very strong match," said DNA expert and Boise State professor Dr. Greg Hampikian.

Hampikian is not affiliated with the case and only knows what the public does. He says DNA can tell us a lot, but not always the full story.

“Did he touch this?
Did somebody else touch it with his DNA on their hand?
Did he touch it a long time ago?
Was there a mix-up in the laboratory or by the police?
Did somebody plant it?" Hampikian said, offering hypothetical situations of how DNA can show up in places.
"All of that, DNA tells us nothing about."

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwicg6nZrZWIAxVvEFkFHWArBBIQFnoECDMQAQ&url=https%3A%2F%2Fwww.kivitv.com%2Fnews%2Fdna-expert-weighs-in-on-implications-of-dna-evidence-linking-bryan-kohberger-in-the-moscow-murders&usg=AOvVaw2QmZm5Xu5EWn_NIuzvInUg&opi=89978449

Statistics in the evaluating DNA

Statistical Issues - The Evaluation of Forensic DNA Evidence - NCBI Bookshelf

In Chapter 4, we presented ways to estimate the frequencies of genotypes and profiles in the population. In this chapter, we consider how to interpret frequencies as probabilities and likelihood ratios and how to make adjustments when a suspect is found through a database search. We also discuss...

www.ncbi.nlm.nih.gov

dna technology in forensic science - Books - NCBI

JMO

 

[Nila Aella]

• 08/27/2024 Defendants 17th Supplemental Request for Discovery

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwjGvq_FoZaIAxVrD1kFHWKROakQFnoECBIQAQ&url=https%3A%2F%2Fcoi.isc.idaho.gov%2F&usg=AOvVaw3QpkN0NQPCGFbgfzIE_S1f&opi=89978449

 

[Nila Aella]

<modsnip: Quoted post was removed>... the DNA did not have to be confirmed prior to arrest because the actual arrest affidavit did not include any DNA because LE enforcement did not know if the DNA could even be used in trial.

It says all this right in the PCA.

This case had enough to arrest BK for 4 murders without the DNA.

If anything was wrong with the DNA Anne Taylor would have been writing 100 Motions to exclude it. Where are all these DNA Motions? I see zero.

What does she do? She actually admits that this is BK's DNA.

Circumstantial evidence alone convicts killers and DNA alone convicts killers all with no alibi.

AT Taylor knows there is enough circumstantial evidence to convict her client and that there is enough DNA to convict her client so what is she doing? She is doing the only thing left to do....

She is desperately trying to get him an alibi. She is using Sy for this.

If the jury thinks it is beyond a reasonable doubt that BK was on King Rd then expect to see a Penalty Phase Trial.

(How I see it)

AT has stated Bks alibi. She has also stated that SR is only partial corroboration.
Massoth said in the Motion to Compel hearing that motions to suppress were coming.

Scheduling order:
A. The State's discovery deadline is September 6, 2024.
B. Motions to suppress evidence and any other 12(b) motions shall be filed no later than November 14, 2024. Responses shall be filed by December 19. 2024. Any replies shall be filed by January 10, 2025. A hearing on the motions shall be held on February 6, 2025, at 10:00 a.m. and may continue into February 7, 2025, ifneeded.

https://s3.us-west-2.amazonaws.com/isc.coi/CR29-22-2805/2024/062724-Scheduling-Order.pdf

12(b) Motions:

(b) Pretrial Motions. Any defense objection or request which can be determined without trial of the general issue may be raised before the trial by motion. The following must be raised prior to trial:

(1) defenses and objections based on defects in the prior proceedings in the prosecution;
(2) defenses and objections based on defects in the complaint, indictment or information (other than that it fails to show jurisdiction of the court or to charge an offense, which objections may be made at any time during the pendency of the proceedings);
(3) motions to suppress evidence because it was illegally obtained;
(4) request for discovery under Rule 16;
(5) request for a severance of charges or defendants under Rule 14; or
(6) motion to dismiss based on former jeopardy.

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwiBjoiF_pWIAxXsEFkFHSYFBbwQFnoECBMQAQ&url=https://isc.idaho.gov/icr12&usg=AOvVaw2BrE7N5yOdN-FzBJ6us3DI&opi=89978449

JMO

 

[BeginnerSleuther]

You might be correct that I’m confused about what you are saying.

However, I do not agree LE made a mistake that was illegal or that will harm their case. They used information they had at the time to follow leads, and when they had better information, they used the new information to follow better leads.

Isn’t that how investigations proceed?

As always, IMO, and I could be wrong.

Who said anything about it being illegal? Please don't misrepresent what I said.

They didn't use new information to follow better leads. They used new information to build a case to arrest their suspect. MOO.

 

[Swansee]

IMO VSS is going to be completely irrelevant in this trial. After all, it has never been brought up by either the Defense or the Prosecution , only by online commentators and the MSM. Never by either party.
I'd wager the same about the Tapatalk stuff more generally. The parties obviously have access to much more recent things he's written/said that they pulled from his online correspondence or other interactions.

Also irrelevant, but I'll add a link to it since I don't recall seeing it mentioned here, is his awful rap song from 11 years ago.

Full song is on his SoundCloud (he went by the name Exarr)
Lyrics if you can't bear to listen (I don't blame you):

"Always the same thing that disrupts my life
Wondering when I’ll change, I guess when the time is right
Procrastinating my derange, to change would be a fight
So I’m pacifist like I’m afraid to get a bloody fist
Look at this, mind is pissed, and I keep running
Why is this when I hit it always leaves them stunning
Gentle giant, no defiance, all building alliances
Still think that I’m present, I’m stuck in the future
But I'm never looking at the present
Keep it up, act like you're all that
Here's a cookie too and a present
Led from a desert eagle
Eagles going louder than my motherfucking beagle
And you like, you get no sequel
Leave your loved ones crying like some seagulls
You are not my equal, you are evil, but I'm evil
And now I'm going Regal
Don't f*ck with us, you'll learn a lesson "

 

[mickey2942]

@gremlin444 thank you for the comprehensive information about VSS and background on BK. His history doesn't surprise me at all. He has never really had to interact interpersonally at all. Classes online, have really set people up to be over educated in an area that they will never be successful in.

BK would have never made it in an academic environment as teaching, I think that the PhD program was just a way of putting off growing up and getting a job. And it seems like he was in trouble, fitting in, at the PhD program. Sounded like he was going to fail.

I am interested in how he zeroed in on Xena. And focused all of his rage, incel rage, and his failure on her. No real surprise he killed all four. He was like Ted Bumdy, without the sexual component.

 

[GRT]

I respect your thoughts on the VSS matter. I believe the State will have enough evidence to prove BK was a troubled, potential threat from an early age that had nothing to do with VSS.

If it is proven and verified he had it by professionals, it still would not not mitigate homicidal ideation.

IMO

BBM

I think he was, too, and I think his parents realized that--to an extent. The way his dad spoke when they were stopped by the State Patrol made me think his dad was trying to pre-soothe BK's nerves and anxiety for some reason. He was running emotional interference. If so, it could only be because he'd witnessed BK on the brink in the past. MOO

 

[GRT]

IMO VSS is going to be completely irrelevant in this trial. After all, it has never been brought up by either the Defense or the Prosecution , only by online commentators and the MSM. Never by either party.
I'd wager the same about the Tapatalk stuff more generally. The parties obviously have access to much more recent things he's written/said that they pulled from his online correspondence or other interactions.

Also irrelevant, but I'll add a link to it since I don't recall seeing it mentioned here, is his awful rap song from 11 years ago.

Full song is on his SoundCloud (he went by the name Exarr)
Lyrics if you can't bear to listen (I don't blame you):

"Always the same thing that disrupts my life
Wondering when I’ll change, I guess when the time is right
Procrastinating my derange, to change would be a fight
So I’m pacifist like I’m afraid to get a bloody fist
Look at this, mind is pissed, and I keep running
Why is this when I hit it always leaves them stunning
Gentle giant, no defiance, all building alliances
Still think that I’m present, I’m stuck in the future
But I'm never looking at the present
Keep it up, act like you're all that
Here's a cookie too and a present
Led from a desert eagle
Eagles going louder than my motherfucking beagle
And you like, you get no sequel
Leave your loved ones crying like some seagulls
You are not my equal, you are evil, but I'm evil
And now I'm going Regal
Don't f*ck with us, you'll learn a lesson "

I've extracted a couple of lines...


"Led from a desert eagle
Eagles going louder than my motherfucking beagle"

It reads "led," but I'm betting it means "lead." Because a Desert Eagle is a popular handgun, I'm guessing it's about shooting--the bullets being "lead."

MOO

 

[girlhasnoname]

IMO VSS is going to be completely irrelevant in this trial. After all, it has never been brought up by either the Defense or the Prosecution , only by online commentators and the MSM. Never by either party.
I'd wager the same about the Tapatalk stuff more generally. The parties obviously have access to much more recent things he's written/said that they pulled from his online correspondence or other interactions.

Also irrelevant, but I'll add a link to it since I don't recall seeing it mentioned here, is his awful rap song from 11 years ago.

Full song is on his SoundCloud (he went by the name Exarr)
Lyrics if you can't bear to listen (I don't blame you):

"Always the same thing that disrupts my life
Wondering when I’ll change, I guess when the time is right
Procrastinating my derange, to change would be a fight
So I’m pacifist like I’m afraid to get a bloody fist
Look at this, mind is pissed, and I keep running
Why is this when I hit it always leaves them stunning
Gentle giant, no defiance, all building alliances
Still think that I’m present, I’m stuck in the future
But I'm never looking at the present
Keep it up, act like you're all that
Here's a cookie too and a present
Led from a desert eagle
Eagles going louder than my motherfucking beagle
And you like, you get no sequel
Leave your loved ones crying like some seagulls
You are not my equal, you are evil, but I'm evil
And now I'm going Regal
Don't f*ck with us, you'll learn a lesson "

He probably plagiarized it from somewhere. IMO. BK always wanted to present himself as whatever type of person to whoever type of audience he was playing to. A Chameleon.

He is a fake, spineless murderer who finally got the attention he so desperately craved. Now he can sit his behind in prison on Death Row and spit out a few new rap singles. He is evil, and has been to differing degrees, I'd guess from early years.

I feel sorry for his family and what they must have endured trying to keep him on the right path.

MOO

 

[CKS]

<modsnip: Quoted post was removed> ... the DNA did not have to be confirmed prior to arrest because the actual arrest affidavit did not include any DNA because LE enforcement did not know if the DNA could even be used in trial.

It says all this right in the PCA.

This case had enough to arrest BK for 4 murders without the DNA.

If anything was wrong with the DNA Anne Taylor would have been writing 100 Motions to exclude it. Where are all these DNA Motions? I see zero.

What does she do? She actually admits that this is BK's DNA.

Circumstantial evidence alone convicts killers and DNA alone convicts killers all with no alibi.

AT Taylor knows there is enough circumstantial evidence to convict her client and that there is enough DNA to convict her client so what is she doing? She is doing the only thing left to do....

She is desperately trying to get him an alibi. She is using Sy for this.

If the jury thinks it is beyond a reasonable doubt that BK was on King Rd then expect to see a Penalty Phase Trial.

(How I see it)

MOO



You say it says it all in the PCA but the state has said that the PCA is irrelevant which you can read in the link below.

Link to the Court Document


AT and BK's other lawyer have stated that they they believe BK is innocent.

"Our defense team firmly, and I mean firmly, believes in Mr. Kohberger's innocence, and right now he's being held to have a trial in a county that believes that he is guilty." - Elisa Massoth​

Here's a link to the court hearing where she says it at 2:17:56.
Court hearing

AT is not desperately trying to get him an alibi. In fact in the Notice of Defendants Supplemental Response to State's Alibi Demand April 17, 2024, AT stated in court that "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."


Again, I'm not saying BK wasn't involved or committed the crime but from what I gather I'm not sure there is enough evidence beyond a reasonable doubt they can convict him.


MOO

 

[PinkParis2052]

<modsnip: Quoted post was removed> ...the DNA did not have to be confirmed prior to arrest because the actual arrest affidavit did not include any DNA because LE enforcement did not know if the DNA could even be used in trial.

It says all this right in the PCA.

This case had enough to arrest BK for 4 murders without the DNA.

If anything was wrong with the DNA Anne Taylor would have been writing 100 Motions to exclude it. Where are all these DNA Motions? I see zero.

What does she do? She actually admits that this is BK's DNA.

Circumstantial evidence alone convicts killers and DNA alone convicts killers all with no alibi.

AT Taylor knows there is enough circumstantial evidence to convict her client and that there is enough DNA to convict her client so what is she doing? She is doing the only thing left to do....

She is desperately trying to get him an alibi. She is using Sy for this.

If the jury thinks it is beyond a reasonable doubt that BK was on King Rd then expect to see a Penalty Phase Trial.

(How I see it)

In reference to the bold text, that is from the search warrant of Bryan's residence in Washington state and Dawn Daniels added this part in there.

Source: https://d.newsweek.com/en/file/465464/bryan-kohberger-search-warrant.pdf

Here is two screenshots from the PCA that was filed by Moscow PD in Idaho. There is no mention in the PCA in Idaho that BK's DNA wasn't considered when getting the out of state arrest warrant approved.
and here's the other mention of DNA in the PCA the other user talked about how the DNA on the Sheath was matched to BK's father.



Source to PCA in Idaho : https://s3.us-west-2.amazonaws.com/...it+-+Exhibit+A+-+Statement+of+Brett-Payne.pdf

the DNA was part of why BK was arrested based on the Idaho PCA.

 

[Cool Cats]

AT has stated Bks alibi. She has also stated that SR is only partial corroboration.
Massoth said in the Motion to Compel hearing that motions to suppress were coming.

Scheduling order:
A. The State's discovery deadline is September 6, 2024.
B. Motions to suppress evidence and any other 12(b) motions shall be filed no later than November 14, 2024. Responses shall be filed by December 19. 2024. Any replies shall be filed by January 10, 2025. A hearing on the motions shall be held on February 6, 2025, at 10:00 a.m. and may continue into February 7, 2025, ifneeded.

https://s3.us-west-2.amazonaws.com/isc.coi/CR29-22-2805/2024/062724-Scheduling-Order.pdf

12(b) Motions:

(b) Pretrial Motions. Any defense objection or request which can be determined without trial of the general issue may be raised before the trial by motion. The following must be raised prior to trial:

(1) defenses and objections based on defects in the prior proceedings in the prosecution;
(2) defenses and objections based on defects in the complaint, indictment or information (other than that it fails to show jurisdiction of the court or to charge an offense, which objections may be made at any time during the pendency of the proceedings);
(3) motions to suppress evidence because it was illegally obtained;
(4) request for discovery under Rule 16;
(5) request for a severance of charges or defendants under Rule 14; or
(6) motion to dismiss based on former jeopardy.

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwiBjoiF_pWIAxXsEFkFHSYFBbwQFnoECBMQAQ&url=https://isc.idaho.gov/icr12&usg=AOvVaw2BrE7N5yOdN-FzBJ6us3DI&opi=89978449

AT did not state an alibi that fits the Idaho Alibi law. She admits BK does not have any evidence to prove where he was at 4:00am to 4:30 am. That maybe Sy will come up with something and maybe something will come up on her cross examination at trial.

Hard for some to believe that this is a strong case without DNA. Add DNA and he will be convicted because I do not see any Alibi appearing out of never never land.

2 Cents

In reference to the bold text, that is from the search warrant of Bryan's residence in Washington state and Dawn Daniels added this part in there. View attachment 527455

Source: https://d.newsweek.com/en/file/465464/bryan-kohberger-search-warrant.pdf

Here is two screenshots from the PCA that was filed by Moscow PD in Idaho. There is no mention in the PCA in Idaho that BK's DNA wasn't considered when getting the out of state arrest warrant approved.View attachment 527456
and here's the other mention of DNA in the PCA the other user talked about how the DNA on the Sheath was matched to BK's father.
View attachment 527457


Source to PCA in Idaho : https://s3.us-west-2.amazonaws.com/...it+-+Exhibit+A+-+Statement+of+Brett-Payne.pdf

the DNA was part of why BK was arrested based on the Idaho PCA.

No. Judge did not consider the DNA for the Warrant regarding the 4 Murders and Burglary.

From PCA

 

[PinkParis2052]

AT did not state an alibi that fits the Idaho Alibi law. She admits BK does not have any evidence to prove where he was at 4:00am to 4:30 am. That maybe Sy will come up with something and maybe something will come up on her cross examination at trial.

Hard for some to believe that this is a strong case without DNA. Add DNA and he will be convicted because I do not see any Alibi appearing out of never never land.

2 Cents


No. Judge did not consider the DNA for the Warrant regarding the 4 Murders and Burglary.

From PCA

I'm going to agree to disagree here

In Washington State's application for a search warrant for BK's residence and it's a "Supplemental Disclosure re DNA Test" without the DNA being considered but the arrest warrant for BK in Idaho was approved based on video of the car, the cell phone pings and the DNA. But again, I'm going to agree to disagree.

 

[CKS]

AT did not state an alibi that fits the Idaho Alibi law. She admits BK does not have any evidence to prove where he was at 4:00am to 4:30 am. That maybe Sy will come up with something and maybe something will come up on her cross examination at trial.

Hard for some to believe that this is a strong case without DNA. Add DNA and he will be convicted because I do not see any Alibi appearing out of never never land.

2 Cents


No. Judge did not consider the DNA for the Warrant regarding the 4 Murders and Burglary.

From PCA

AT has only stated part of BK's alibi plus let's not forget about the defense claiming that BF has information material to the charges” against Kohberger, and that “portions” are “exculpatory to the defendant.” Remember that when AT tried to subpoena BF that's when the defense quickly went with the grand jury.

BTW, am I the only one who thinks that's a head scratcher? What does the defense think BF knows that could be exculpatory to BK?


Where did AT say she doesn't have any evidence to prove where he was?

AT stated in court that "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."

Keep in mind both of BK's lawyers have gone out of their way on record to say they believe that BK is innocent.

That doesn't mean I think he is innocent but again at this point from what I've seen I don't any way he is guilty beyond a reasonable doubt. For me there's plenty of doubt in this case and the ONLY thing in my opinion they have on BK is his DNA on a sheath that may or may not have been the actual murder weapon.


MOO

 

[Nila Aella]

AT did not state an alibi that fits the Idaho Alibi law. She admits BK does not have any evidence to prove where he was at 4:00am to 4:30 am. That maybe Sy will come up with something and maybe something will come up on her cross examination at trial.

Hard for some to believe that this is a strong case without DNA. Add DNA and he will be convicted because I do not see any Alibi appearing out of never never land.

2 Cents


No. Judge did not consider the DNA for the Warrant regarding the 4 Murders and Burglary.

From PCA

What the alibi documents say.
1st:
. Evidence corroborating Mr. Kohberger being at a location other than the King Road address will be disclosed pursuant to discovery and evidentiary rules as well as statutory requirements. It is anticipated this evidence may be offered by way of cross-examination of witnesses produced by the State as well as calling expert witnesses.

2nd:
Kohberger’s phone showing him in the countryside late at night and/or in the early morning on several occasions. The phone data includes numerous photographs taken on several different late evenings and early mornings, including in November, depicting the night sky. Mr. Kohberger was out driving in the early morning hours of November 13, 2022; as he often did to hike and run and/or see the moon and stars. He drove throughout the area south of Pullman, Washington, west of Moscow, Idaho including Wawawai Park.

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.

BBM

From the scheduling order:
DISCOVERY COMPLETION:
A. The State's discovery deadline is September 6, 2024.
B. The defense's discovery deadline is January 9, 2025.

The Judge has discretion.
The supplemental alibi document was submitted 4/17/24.
At this point, what the additional corroboration will be is unknown.
JMO

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwiOpKfQuJiIAxUVFVkFHRGBEDsQFnoECBsQAQ&url=https%3A%2F%2Fcoi.isc.idaho.gov%2F&usg=AOvVaw3QpkN0NQPCGFbgfzIE_S1f&opi=89978449

 

[Betty P]

MOO



You say it says it all in the PCA but the state has said that the PCA is irrelevant which you can read in the link below.

Link to the Court Document


AT and BK's other lawyer have stated that they they believe BK is innocent.

"Our defense team firmly, and I mean firmly, believes in Mr. Kohberger's innocence, and right now he's being held to have a trial in a county that believes that he is guilty." - Elisa Massoth​

Here's a link to the court hearing where she says it at 2:17:56.
Court hearing

AT is not desperately trying to get him an alibi. In fact in the Notice of Defendants Supplemental Response to State's Alibi Demand April 17, 2024, AT stated in court that "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."


Again, I'm not saying BK wasn't involved or committed the crime but from what I gather I'm not sure there is enough evidence beyond a reasonable doubt they can convict him.


MOO

I'm not reading it that way. JMO, Def is saying they won't provide an alibi to the court because they believe the prosecution is withholding evidence. The latter seems to be a common defense tactic these days, pretending there's some magical piece of evidence that will exonerate their client if only LE would provide it to them in discovery. Of the last 3 trials I've followed, defense attorneys made these claims, but, when all was said and done, there was no magic exculpatory evidence. It was just a ploy by the D to damage the credibility of the P.

 

[Cool Cats]

I'm not reading it that way. JMO, Def is saying they won't provide an alibi to the court because they believe the prosecution is withholding evidence. The latter seems to be a common defense tactic these days, pretending there's some magical piece of evidence that will exonerate their client if only LE would provide it to them in discovery. Of the last 3 trials I've followed, defense attorneys made these claims, but, when all was said and done, there was no magic exculpatory evidence. It was just a ploy by the D to damage the credibility of the P.

I gotta say....thank you for this post.

This is what is going on. A bunch of defense bs. BK has no Alibi and will be found guilty....I believe.

 

[CKS]

I'm not reading it that way. JMO, Def is saying they won't provide an alibi to the court because they believe the prosecution is withholding evidence. The latter seems to be a common defense tactic these days, pretending there's some magical piece of evidence that will exonerate their client if only LE would provide it to them in discovery. Of the last 3 trials I've followed, defense attorneys made these claims, but, when all was said and done, there was no magic exculpatory evidence. It was just a ploy by the D to damage the credibility of the P.

I agree with you and SR has stated that it is indeed missing. The question is why won't LE turn over the data?

Cellphone expert testifies missing data benefits University of Idaho murder suspect

He further testified that it's crucial that he receive all of the AT&T source data and related information for him to verify, given that prosecutors in Latah County are pinning Kohberger to the location of the killings, in part, by his cellphone use and cell tower records.

"It is a terrible practice to justify probable cause with these very detailed call detail records that give breadcrumb-like trails for individuals and then not map it," Ray said.

"Because of the piecemealing of the data, because of the missing data, because of the data I'm reviewing that is incredibly inaccurate, everything that is missing is absolutely in benefit of the defense right now," Ray testified, adding, "There are other reports that are missing that I can't tell you are benefiting of Mr. Kohberger or the state."

He added that it's unclear why certain data is unavailable: "Is this human error? Is it accidental? Is it intentional?"

 

[CKS]

I gotta say....thank you for this post.

This is what is going on. A bunch of defense bs. BK has no Alibi and will be found guilty....I believe.

Except they actually are withholding evidence in this case. In regards to the cell phone data as well as their DNA work just to name a couple.

MOO

 

[Cool Cats]

I'm going to agree to disagree here

In Washington State's application for a search warrant for BK's residence and it's a "Supplemental Disclosure re DNA Test" without the DNA being considered but the arrest warrant for BK in Idaho was approved based on video of the car, the cell phone pings and the DNA. But again, I'm going to agree to disagree.

What the alibi documents say.
1st:
. Evidence corroborating Mr. Kohberger being at a location other than the King Road address will be disclosed pursuant to discovery and evidentiary rules as well as statutory requirements. It is anticipated this evidence may be offered by way of cross-examination of witnesses produced by the State as well as calling expert witnesses.

2nd:
Kohberger’s phone showing him in the countryside late at night and/or in the early morning on several occasions. The phone data includes numerous photographs taken on several different late evenings and early mornings, including in November, depicting the night sky. Mr. Kohberger was out driving in the early morning hours of November 13, 2022; as he often did to hike and run and/or see the moon and stars. He drove throughout the area south of Pullman, Washington, west of Moscow, Idaho including Wawawai Park.

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.

BBM

From the scheduling order:
DISCOVERY COMPLETION:
A. The State's discovery deadline is September 6, 2024.
B. The defense's discovery deadline is January 9, 2025.

The Judge has discretion.
The supplemental alibi document was submitted 4/17/24.
At this point, what the additional corroboration will be is unknown.
JMO

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwiOpKfQuJiIAxUVFVkFHRGBEDsQFnoECBsQAQ&url=https%3A%2F%2Fcoi.isc.idaho.gov%2F&usg=AOvVaw3QpkN0NQPCGFbgfzIE_S1f&opi=89978449

AT has only stated part of BK's alibi plus let's not forget about the defense claiming that BF has information material to the charges” against Kohberger, and that “portions” are “exculpatory to the defendant.” Remember that when AT tried to subpoena BF that's when the defense quickly went with the grand jury.

BTW, am I the only one who thinks that's a head scratcher? What does the defense think BF knows that could be exculpatory to BK?


Where did AT say she doesn't have any evidence to prove where he was?

AT stated in court that "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."

Keep in mind both of BK's lawyers have gone out of their way on record to say they believe that BK is innocent.

That doesn't mean I think he is innocent but again at this point from what I've seen I don't any way he is guilty beyond a reasonable doubt. For me there's plenty of doubt in this case and the ONLY thing in my opinion they have on BK is his DNA on a sheath that may or may not have been the actual murder weapon.


MOO

Misinformation in my opinion. BK has no Idaho statue of law Alibi and Thompson himself says this.

The PCA is very clear that the Warrant for murder and Burglary is not due to any DNA.

He will be found guilty. There is so much evidence against him that AT wanted help with all the evidence.

This is what I see from following this case for months.

2 Cents