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

[wendy44]

The Judge has allowed it since April 2024.

Back in late 2023 AT mentioned BK was willing to provide the Judge with more information/details in an exparte hearing. Not sure if that ever occurred?

The last alibi documents included information about SR. SR has since testified in court to what he has seen so far in an attempt to get all the information from the P so he can complete his work.

A draft CAST report/ CAST mapping with missing information is not sufficient for a death penalty case - for either side.

JMO

Again, though, I was asking about this statement:

Sy Ray said the CAST data he has seen, to date, is exculpatory to BK. That means what he's looked at tells him BK was never at the murder scene the night of the atrocities. That's what exculpatory means. 2cents

And I'm wondering why, if Sy Ray has seen data exculpatory to BK, why would that not be used in his alibi defense? In the state's April 2024 response they argue that potential testimony of SR regarding the location of the defendant's phone doesn't rise to the level of an alibi for the time the murders were being committed according to Idaho code. If they have exculpatory data, data that proves he was not at the scene, which would satisfy Idaho code, why wouldn't they use it for his alibi defense? AT doesn't seem to be the type to take that kind of gamble for no logical reason in a case this big.
IMO

 

[al66pine]

The Jury That AT Hopes For?

....
All she can hope for is a jury that is malleable.

snipped for focus. @Justice101

Maybe more than malleable. How about downright gullible?
imo

 

[Nila Aella]

Again, though, I was asking about this statement:

Sy Ray said the CAST data he has seen, to date, is exculpatory to BK. That means what he's looked at tells him BK was never at the murder scene the night of the atrocities. That's what exculpatory means. 2cents

And I'm wondering why, if Sy Ray has seen data exculpatory to BK, why would that not be used in his alibi defense? In the state's April 2024 response they argue that potential testimony of SR regarding the location of the defendant's phone doesn't rise to the level of an alibi for the time the murders were being committed according to Idaho code. If they have exculpatory data, data that proves he was not at the scene, which would satisfy Idaho code, why wouldn't they use it for his alibi defense? AT doesn't seem to be the type to take that kind of gamble for no logical reason in a case this big.
IMO

My understanding from SR testimony is that he needs the P to turn over all the data so he can do a complete analysis. What he has seen so far shows that BK did not travel to Moscow. But he is missing important data he needs from LE to complete his work.

I see what you mean about why not just submit what he has already - like a draft report. We really do not know what they have submitted. In Court, it was stipulated that all exhibits would be under seal. Perhaps there was something submitted prior to or at the time of SR's testimony?

The Judge's redacted order from the Motion to Compel hearings was not posted on the Case page, so we don't know what he ordered regarding the report and data.

JMO

 

[Nila Aella]

• 05/05/2024 Defendants 16th Supplemental Request for Discovery

ETA: the date is a mistake on the Cases page, this is dated 8/5/24

 

[I am not Sherlock H.]

My understanding from SR testimony is that he needs the P to turn over all the data so he can do a complete analysis. What he has seen so far shows that BK did not travel to Moscow. But he is missing important data he needs from LE to complete his work.

I see what you mean about why not just submit what he has already - like a draft report. We really do not know what they have submitted. In Court, it was stipulated that all exhibits would be under seal. Perhaps there was something submitted prior to or at the time of SR's testimony?

The Judge's redacted order from the Motion to Compel hearings was not posted on the Case page, so we don't know what he ordered regarding the report and data.

JMO

Respectfully, just wanted to try and understand a point of clarity. So that one, myself included, is not confused.

On the above matter of ‘What he has seen so far shows that BK did not travel to Moscow.’ ….

My understanding is that the so-called data is referring to a phone or electronic device of BK. And not specifically his person, BK, an individual; and the suspect in this brutal slaying of four college students.

If it is something other than that, perhaps a link will help to clarify for further analysis. IIUC it is also not yet clear whether complete vehicle telemetry, GPS, or electronic data and metrics are available for the suspect’s vehicle. MOO

 

[PinkParis2052]

• 05/05/2024 Defendants 16th Supplemental Request for Discovery

ETA: the date is a mistake on the Cases page, this is dated 8/5/24

Sharp eye

A screenshot of the Case Summary Page

 

[Cool Cats]

Respectfully, just wanted to try and understand a point of clarity. So that one, myself included, is not confused.

On the above matter of ‘What he has seen so far shows that BK did not travel to Moscow.’ ….

My understanding is that the so-called data is referring to a phone or electronic device of BK. And not specifically his person, BK, an individual; and the suspect in this brutal slaying of four college students.

If it is something other than that, perhaps a link will help to clarify for further analysis. IIUC it is also not yet clear whether complete vehicle telemetry, GPS, or electronic data and metrics are available for the suspect’s vehicle. MOO

Yes!

All Sy does is look at where a cell phone is pinging...to put it simply..... The pinging is not precise and the pinging is the phone signal it is not the suspect. BK does not have a device implanted inside his body that pings.

2 Cents

 

[Nila Aella]

Respectfully, just wanted to try and understand a point of clarity. So that one, myself included, is not confused.

On the above matter of ‘What he has seen so far shows that BK did not travel to Moscow.’ ….

My understanding is that the so-called data is referring to a phone or electronic device of BK. And not specifically his person, BK, an individual; and the suspect in this brutal slaying of four college students.

If it is something other than that, perhaps a link will help to clarify for further analysis. IIUC it is also not yet clear whether complete vehicle telemetry, GPS, or electronic data and metrics are available for the suspect’s vehicle. MOO

IDK what SR has access to, much of what the D has been given in discovery is sealed.

The last hearing mentioned (just from memory)
Draft Cast report
Drive testing
CDR
Emails between the fbi CAST expert and detectives regarding the Mapping
Cast files from the fbi on Detectives computer used for mapping
Phone accounts - both warrants on Dec 23
Residence and business video of the car

During testimony, SR mentioned comparing results to other evidence (like receipts, photographs, and video) to corroborate what is shown by the phone mapping.

 

[Tnowlin]

Can't do a plea deal if BK will not admit guilt. The defense and prosecution could sit down and hammer one out but only if BK signs it and pleads guilty in open court to 5 felonies and then goes to his sentencing and listens to victim impact statements.

He shows zero signs of doing this. His defense has been doubling down on his innocence and getting him exhonerated. I believe this is because their client BK keeps telling them a list of reasons why it wasn't him on King Rd that night, so his defense parrots what he tells them.

When your client tells you he is innocent you cannot go to the media and proclaim otherwise.

2 Cents

Yes that’s what I said is have they offered? They can offer without him admit guilty same as they can convict without him admitting guilt and a person can be innocent all while admitting guilt.

 

[Curiousobserver]

I am certain that LE has the registration and identity of the driver of any truck they stopped that morning and I would be willing to bet they have showed this information to her family to identify any connections.

 

[Cool Cats]

Yes that’s what I said is have they offered? They can offer without him admit guilty same as they can convict without him admitting guilt and a person can be innocent all while admitting guilt.

In general, no contest pleas are not allowed in death-penalty cases. DP defendants plead guilty to get the DP dropped for LWOP. They sign guilty paper work and stand up in court and admit guilt and listen to victim impact statements then get sentenced.

The whole point of BK's trial is to get a guilty verdict for BK. He can get it from the jury or he can plead guilty himself to have the DP dropped. This is a henious quadruple death penalty case and the victims, prosecutors and People of the State of Idaho want a guilty verdict. They will get a guilty verdict one way or the other. By jury or by BK himself.

Nothing less is justice.

If there have been plea deal discussions this is not made public.

https://www.findlaw.com/legalblogs/criminal-defense/how-does-guilty-differ-from-no-contest/

2 Cents

 

[Boxer]

Again, though, I was asking about this statement:

Sy Ray said the CAST data he has seen, to date, is exculpatory to BK. That means what he's looked at tells him BK was never at the murder scene the night of the atrocities. That's what exculpatory means. 2cents

And I'm wondering why, if Sy Ray has seen data exculpatory to BK, why would that not be used in his alibi defense? In the state's April 2024 response they argue that potential testimony of SR regarding the location of the defendant's phone doesn't rise to the level of an alibi for the time the murders were being committed according to Idaho code. If they have exculpatory data, data that proves he was not at the scene, which would satisfy Idaho code, why wouldn't they use it for his alibi defense? AT doesn't seem to be the type to take that kind of gamble for no logical reason in a case this big.
IMO

Because it is not exculpatory data, and Sy Ray saying that it is exculpatorty means Sy Ray is not an impartial data expert.

Perhaps BKs phone has an alibi of sorts, but BK does not.

 

[Cool Cats]

Because it is not exculpatory data, and Sy Ray saying that it is exculpatorty means Sy Ray is not an impartial data expert.

Perhaps BKs phone has an alibi of sorts, but BK does not.

Exculpatory - Definition, Examples, Cases, Processes

Exculpatory defined and explained with examples. Evidence or contract provision that tends to clear a party from a charge of fault, guilt, or liability.

legaldictionary.net

The legal term exculpatory describes evidence in a criminal matter that is favorable to, or tends to absolve, the defendant. This type of evidence may justify or excuse the defendant’s actions, or show that the defendant is not guilty at all. Exculpatory evidence is the opposite of inculpatory evidence, which incriminates the defendant, or proves his guilt.

Look, I get the Sy testimony is important to the defense but this is hogwash when exculpatory evidence is brought up and then there are no Motions or attatchments to back this up.
I cry foul

2 Cent Foul

 

[ilovewings]

Exculpatory - Definition, Examples, Cases, Processes

Exculpatory defined and explained with examples. Evidence or contract provision that tends to clear a party from a charge of fault, guilt, or liability.

legaldictionary.net

The legal term exculpatory describes evidence in a criminal matter that is favorable to, or tends to absolve, the defendant. This type of evidence may justify or excuse the defendant’s actions, or show that the defendant is not guilty at all. Exculpatory evidence is the opposite of inculpatory evidence, which incriminates the defendant, or proves his guilt.

Look, I get the Sy testimony is important to the defense but this is hogwash when exculpatory evidence is brought up and then there are no Motions or attatchments to back this up.
I cry foul

2 Cent Foul

It's a lot of BS- he has no alibi.

 

[Cool Cats]

It's a lot of BS- he has no alibi.

Agree

His non-alibi is a maybe, possibly, if there was another piece of evidence, if he had taken phone photos, this is normal for him, he was possibly 40 minutes away, 40 minutes could be too far away, take my word for it there is exculpatory evidence, exculpatory evidence is being withheld .... Ect.....

No. I have never seen anything like this. Exculpatory evidence is so incredibly vital that all defense attorneys want to get it into the court record as actual proof - real evidence - and they always file Motions on these and often add attatchments/exhibits to help explain their point.

In fact, the US Supreme Court requires that prosecutors turn over all exculpatory evidence and if they do not the judge will dismiss the case. This is exactly what happened with the Alec Baldwin manslaughter case - right in the middle of his trial - exculpatory evidence was withheld and Alec's entire manslaughter case was dismissed with prejudice...it can not be retried.

No way in heck would the prosecution withhold any CAST exculpatory evidence and if there was any at all AT would be all over it like a bad rash and we would have heard about it through a Motion and court hearing.

2 Cents....My own point of view.

 

[Boxer]

Agree.
What AT is doing is the same as what she objects to for having a trial in Moscow.

Basically she complained the people of Moscow pay too much attention to the case and have heard such things as he may have talked the victims.

But for the people of Boise who are naturally less focused on the case, she puts out baseless material into the media so they the Boisians hear that there might exculpatory cell evidence being witheld.

Thats the plan:
Get rid of the very focused jurors of Moscow and plant baseless doubt in the minds of the less
hyper focused jury pool of Boise before they are selected.

 

[trivialdrift]

I just have to get this off my chest..

What an amateur move, to leave the sheath of the knife with DNA on it at the crime scene. I think he thought he was going to be some kind of serial killer mastermind because of his education, and he couldn't even remember to take all his evidence with him.

It's probably impossible for him to feel any guilt or empathy for his victims, but I hope his failure to pull of the murders eats at him every day.

 

[Cool Cats]

I just have to get this off my chest..

What an amateur move, to leave the sheath of the knife with DNA on it at the crime scene. I think he thought he was going to be some kind of serial killer mastermind because of his education, and he couldn't even remember to take all his evidence with him.

It's probably impossible for him to feel any guilt or empathy for his victims, but I hope his failure to pull of the murders eats at him every day.

Not much to do in such a tiny jail that sits in the Courthouse basement.

Even way less to do when isolated for so-called safety reasons in your own small cell with no one but guards to talk to. He also talks to his attorneys and a preacher one on one at 7:00 pm on Sundays - unless he stopped doing that.

Also, he can have video calls and regular phone calls with approved people on a list of which I assume is family and friends. BK can pay to watch movies on his jail tablet and access enducational materials, possibly some games.

Inmates can never access the internet.

There is library time and outdoor time and he has his vegan meals away from the other inmates in his cell. I assume his family puts $ in his commissary account and pays for his video chats and regular phone calls and his tablet.

Then of course there are regular letters that go to AT first and she vets then for Bryan. I assume she checks for death threats and any wording that might look bad in court. Calls are recorded and mail is read and these can be used against BK at trial. Mail is searched for drugs.

Bryan uses his own jail TV since he is not allowed in the common room with the other inmates. The common room is where inmates watch TV, socialize, play cards and board games, eat, exchange commissary for favors, have arts and crafts, maybe crochet/knitting. These are just examples I have heard of being allowed in other jails because it all depends on what is available and allowed at individual jails. Pretty much all jails and prisons around the country allow approved inmate gift packages and some jails allow books and magazines to be sent from publishing houses or maybe sent from a book sore or Amazon...Etc....

BK is escorted by 2 guards and cannot walk freely out of his cell. Sometimes inmates yell at him and say he just stares all the time. BK likes to watch his case on TV and there is alot of conversation about his case amongst the inmates.

Bryan Kohberger follows his own case in the news from jail

DailyMail.com spoke with current and former inmates as well as jail sources who told of alleged quadruple murderer Bryan Kohberger's behavior behind bars

www.dailymail.co.uk

Bryan Kohberger is being kept away from other inmates for his safety

"The danger to him is too great to put him in the population with the rest of the inmates," a former FBI agent said.

www.newsweek.com

Detention

Latah County is located in the northern Idaho panhandle; to the immediate west lies Whitman County, Washington. These counties are referred to as The Palouse, which produces a large share of the wheat, lentils, peas, oats and barley in the United States. The Palouse is home to two major...

latahcountyid.gov

 

[ilovewings]

I just have to get this off my chest..

What an amateur move, to leave the sheath of the knife with DNA on it at the crime scene. I think he thought he was going to be some kind of serial killer mastermind because of his education, and he couldn't even remember to take all his evidence with him.

It's probably impossible for him to feel any guilt or empathy for his victims, but I hope his failure to pull of the murders eats at him every day.

I don't believe he meant to leave the sheath-- I would imagine the planning of murdering someone or several people is much different than the actual act of killing someone or several people. I believe killers don't plan for the emotions that go along with actually killing someone---for example- actually stabbing a human-- and during that murder the murderer often does stupid things they never planned- like leaving a sheath for example. It isn't a matter of it being an amateur move--- murderers do all kinds of stupid things in the commission of a murder----I imagine in their mind, the murder is committed cleanly and easily and they certainly don't believe they will get caught. The reality of murdering someone is totally different.

 

[Justice101]

I don't believe he meant to leave the sheath-- I would imagine the planning of murdering someone or several people is much different than the actual act of killing someone or several people. I believe killers don't plan for the emotions that go along with actually killing someone---for example- actually stabbing a human-- and during that murder the murderer often does stupid things they never planned- like leaving a sheath for example. It isn't a matter of it being an amateur move--- murderers do all kinds of stupid things in the commission of a murder----I imagine in their mind, the murder is committed cleanly and easily and they certainly don't believe they will get caught. The reality of murdering someone is totally different.

I have an alternate (and unpopular) theory that he wiped the sheath down very well before the murders handling it only with his gloves afterward on that early morning. I believe he intentionally left it there as a "signature' as well as to try to suggest to the police that it was a military person who did it.

However, he missed the inside of the female snap area and his DNA was on there.

I could be 100% wrong. He could have dropped it in the dark room and felt around to find it and having just killed 2 girls instead of 1, but gave up and cut his losses and decided to go downstairs and leave it there since he thought there was no DNA on it anyway.

On the other hand, the sheath was on the bed and if he dropped it from his left hand it would be on the bed. If it was in his pocket it could have gone on the bed or in the floor.

I go back and forth on this subject... because the forgotten sheath is really the reason he got caught in the first place. Major blunder.

But I lean towards him wanting to be like a the Zodiac Killer that left clues and signatures on purpose but never got caught.. to make it a legend over time. He was absolutely fascinated with serial killers and probably wanted to be one. What better way to make a murder mystery than to leave knife sheaths at every crime scene. He becomes a serial killer to be known as the Knife Sheath Murderer.

Just my 1 cent's worth....