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.