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

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Megnut said:
Maybe he did. Or at least attempted to. House would have been deathly quiet... and stealthily, so would he, just was unsuccessful.

Or... he intended to leave it all along, purposefully slid it under her as he exacted his blow. It was intended to be his calling card, the DNA unintended.

Or... he was belatedly aware of DM, realizing he'd been seen, and anticipated LE arriving swiftly, and had to get gone pronto.

JMO
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Another one: Or... Maybe he realized the sheath was gone upon shedding his layers but by then it was too late to redress and go back inside?
 
He wasn't at the crime scene but they can't tell us where he actually was?

IMO Cy is hoping to find enough blind spots in the data culled to create the CAST report so they can say that is where BK was driving around and star gazing and his phone just wasn't having it with towers.

BK doesn't have an alibi so AT is trying to construct one for him out of negative space.

As if his white Elantra went past one camera and the white Elantra that passed the next camera was a different one, and that's the one that went to the crime scene.

Switcheroo.

Shell game.

Shell defense.

Nothing IMO but a vie for distraction because his DNA is still on the sheath. At the crime scene.

Where there's footage of a white Elantra.

LE might not know his exact route but you don't need ALL the dots to connect THE dots.

JMO
 
wendy44 said:
If this is true, why was this exculpatory data not used in his alibi defense?
IMO
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The alibi documents state this:

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.


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.

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.


In addition to the court documents, Sy Rays testimony about how he would go about looking at the CAST report and what he would compare it to for corroboration was interesting.

 
Nila Aella said:
The alibi documents state this:

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.


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.

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.


In addition to the court documents, Sy Rays testimony about how he would go about looking at the CAST report and what he would compare it to for corroboration was interesting.

Click to expand...

This is extremely confusing word soup I can't imagine presenting anything like this to a jury.

The defense needs clear and concise proof and it is ludicrous for Sy to tell a jury that a piece of evidence is missing but just take my word for it that it would have been exculpatory for Mr Kohlberger.

I can't believe the judge would allow such nonsense.

2 Cents
 
Megnut said:
He wasn't at the crime scene but they can't tell us where he actually was?

IMO Cy is hoping to find enough blind spots in the data culled to create the CAST report so they can say that is where BK was driving around and star gazing and his phone just wasn't having it with towers.

BK doesn't have an alibi so AT is trying to construct one for him out of negative space.

As if his white Elantra went past one camera and the white Elantra that passed the next camera was a different one, and that's the one that went to the crime scene.

Switcheroo.

Shell game.

Shell defense.

Nothing IMO but a vie for distraction because his DNA is still on the sheath. At the crime scene.

Where there's footage of a white Elantra.

LE might not know his exact route but you don't need ALL the dots to connect THE dots.

JMO
Click to expand...
Just a minute while I find my alibi...
 
Cool Cats said:
This is what I am perplexed over.

As soon as he wraps up the knife he should have noticed the sheath was gone. Wouldn't most people put their knife back in the sheath?

And it seems like BK would have planned to put the knife in the sheath and then wrapped them up together and then planned to bury them together in the woods. Got rid of them together somewhere outside.

A sheath would float if it loses the knife, so do clothes, plastic sheeting, shoes, gloves, masks, etc....

This is why I think he had a very deep pre-dug hole ready and dug it on one of his 11 night trips to Moscow. This could be why he was driving all over the place down country roads after he left King Rd.

Maybe he took his phone to use his GPS to locate the exact location of a pre-dug hole. Hard to find in the dark fog.

2 Cents
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Especially with his horrible driving prowess and alleged VSS. JMO
 
Kemug said:
I would so hate to be on this jury - the details, the photographs. I really don't think i could take it. Thank goodness I live in another country.
Click to expand...

The prosecution will organize their presentations and will make it clear (IMO) that BK did it.

The defense will flounder around a confusing litany of double-speak and conjecture... and will not convince a jury that it is a reasonable defense.

The DNA tells me it was BK and there is nothing that BK's lawyers can bring up that will not be alooong stretch.,
 
Megnut said:
Maybe he did. Or at least attempted to. House would have been deathly quiet... and stealthily, so would he, just was unsuccessful.

Or... he intended to leave it all along, purposefully slid it under her as he exacted his blow. It was intended to be his calling card, the DNA unintended.

Or... he was belatedly aware of DM, realizing he'd been seen, and anticipated LE arriving swiftly, and had to get gone pronto.

JMO
Click to expand...
Good morning all!
That's entirely possible. An alternative could be that once it was all over with, he was shaking from the adrenaline, and unable to think clearly. I have personally had the shakes from just such an adrenaline dump, from physically defending myself against an attempted mugging. I have also read of LEO having the shakes after high intensity situations. If I recall correctly, he left the neighborhood at a high rate of speed, so spooked or not, he was clearly in a hurry to be somewhere else.

If his original plan was to "just" kill one person, it's possible that he was so hyped up he couldn't think clearly once his original plan blew up so thoroughly. He might also have been concerned that neighbors heard something and called the police, even if he didn't realize any roommates were still alive. And, if he had already begun stripping off his protective clothing, he could leave forensic evidence behind. I can imagine his mind spinning, trying to decide what to do, then getting the heck out of Dodge while he still could.

Just my thoughts.
 
Nila Aella said:
The alibi documents state this:

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.


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.

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.


In addition to the court documents, Sy Rays testimony about how he would go about looking at the CAST report and what he would compare it to for corroboration was interesting.

Click to expand...
Excellent memory! :) It sounds like the alibi she'll be offering for him will try to establish a lack of something, rather than proving he was somewhere else or with someone else. It also reads as if she's reserving the right to say LE either failed to preserve something or withheld it. Just from my experience as a juror, I would imagine jurors won't appreciate accusations like that if they can't be documented in some way.
 
Bryan's defense really hinges on the DNA evidence-

If his DNA is introduced at trial and the jury accepts it then all of the other circumstantial evidence will be counted against him by the jury.

If the DNA is excluded, or his defense can cast significant doubt on it's analysis or origin, then there isn't enough circumstantial evidence to convict. This is a person who has no criminal history and no connection to the victims who happens to own a white car, like hundreds of other people in that area.

The only reasons that the white car is important are that he owned one and his DNA was found at the scene. That it wasn't at his house at the time the crime was committed, and a similar one was captured on a camera nearby at about the right time is only connected with his DNA.

White is the most common car color and Elantras are a common model. Other than timing, there is nothing linking the car to the crime, or him to the car captured on camera.
 
maskedwoman said:
Excellent memory! :) It sounds like the alibi she'll be offering for him will try to establish a lack of something, rather than proving he was somewhere else or with someone else. It also reads as if she's reserving the right to say LE either failed to preserve something or withheld it. Just from my experience as a juror, I would imagine jurors won't appreciate accusations like that if they can't be documented in some way.
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Of course AT is going to reserve the right to insinuate LE held something back she's done this throughout the entire case already. She's filed how many Motions for Discovery now?

Her 'expert' Sy Ray will argue the CAST information, but I believe, and have seen first hand, how formidable and precise the FBI CAST experts are. I am not worried.

MOO
 
maskedwoman said:
Excellent memory! :) It sounds like the alibi she'll be offering for him will try to establish a lack of something, rather than proving he was somewhere else or with someone else. It also reads as if she's reserving the right to say LE either failed to preserve something or withheld it. Just from my experience as a juror, I would imagine jurors won't appreciate accusations like that if they can't be documented in some way.
Click to expand...
Yes maskedwoman!^^^…. great points and posts.

And this IMO tends to show the difficulty that can arise in attempting to prove a negative, or the absence of something.

Hoping the prosecution and investigators will be able to provide some convincing evidence with near certainty of their case against their suspect and defendant…… or at least proof beyond a reasonable doubt. MOO
 
Cool Cats said:
This is extremely confusing word soup I can't imagine presenting anything like this to a jury.

The defense needs clear and concise proof and it is ludicrous for Sy to tell a jury that a piece of evidence is missing but just take my word for it that it would have been exculpatory for Mr Kohlberger.

I can't believe the judge would allow such nonsense.

2 Cents
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AT has an excellent ability to present information to the Court in a clear and concise manner.

Sy Ray stated everything he has seen so far is in favor of the D. He also delivered a clear picture to the Court of what was missing and why it mattered.

More than just a "piece of evidence" missing from discovery.
82% of the data from 2-6 AM not plotted.
No drive testing from the crime scene.
No drive testing on the entire stretch of 270.

LE used a draft CAST report to create a map.
5/30/2024 hearing - it was still a draft report. A report still being checked for accuracy per the P.

I noticed a 3rd and 4th supplemental response by the P after the last hearing.


Hopefully LE "found" the missing data, completed their report, and provided it to the D.

JJJ has access to all the evidence. He makes his decisions knowing a lot more than what is publicly available.

JMO
 
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