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

[Cool Cats]

I enjoy reading all the opinions. But jmo when he was arrested and every second since - he's just been stone cold silent. Some can and will say nobody knows how they will react in that type situation. Well bull. Imagine your innocent self strolling thru a mall or better yet, in the kitchen of your own home and officers surrounding you and arresting you for FOUR murders.
I cannot be alone when I say I would be screaming to the heavens and snot nose crying that absolutely no way. And after I was behind bars my friends and family would be doing it for me.

If you did not do it you would have your attorney dig up your alibi. You would have been somewhere else because you did not do it.

Yes, not everyone can prove their alibi but you would have at least video of your car at home and phone cell tower records showing your phone did not have any Moscow cell tower hits that night.

If you were sound asleep at 4:00 am at home in bed you would have something to show for this.

2 Cents

 

[wendy44]

The problem the defense is going to have with the video of the white sedan is, as always, that front license plate.

The prosecution will likely show a map of the route they believe BK took that night, with time stamps, phone records, and video of the car they allege is BK's.

There's video of a white sedan going north on Nevada St at 2:44am and BK's phone records are consistent with the movement and location of this white sedan. This hasn't been disputed by the defense at this point. He was in his car leaving his apartment around that time. The phone stops reporting around 2:47am. There is video of a white sedan the prosecution alleges to be the same vehicle around 2:53am going southeast on Stadium Way toward SR 270--the route to Moscow.

There doesn't appear to be mention of the video taken from the Floyd's in the pca so maybe they didn't have that video yet or decided not to use it in the pca. The defense references this video in their supplemental alibi response saying this vehicle is not BK's because he didn't travel east. Reading between the lines of the defense argument, there's likely video of a white sedan traveling east on 270 toward Moscow some time between 2:53am and 3:25am. Completely consistent with the prosecution's timeline. But probably the weakest evidence visually.

Around 3:25am, a white sedan is captured going westbound on Indian Hills Dr and westbound on Styner Ave. The pca says on "this" video, it appears the sedan didn't have a front license plate, so it's unclear to me if it's one or the other or both or all if multiple video captures were made. The defense does not try to argue this is not BK's car. From there the pca cites multiple video captures of a white sedan in the King Road area that are consistent with these prior captures.

The prosecution will show the timing of the white sedan that left Pullman and is in the same location as BK's phone, and the arrival of the white sedan on Indian Hills/Styner without the front license plate is completely consistent with the time it would take a car to go between those two points. And that right after there's video of a white sedan without a front plate captured on Indian Hills/Styner, there's a white sedan in the King Road neighborhood that appears to be the same vehicle. The defense hasn't disputed the two most incriminating videos cited in the pca--the one putting BK's phone in the same place as the white sedan in Pullman, and the one in Moscow near King Rd with the missing front plate.

I think it's going to be difficult to convince a jury it's not the same car regardless of the confusion with the dates. Is it reasonable to think another white sedan without front plates arrived at the same time his would have, especially that time of the morning with few vehicles on the road? And this is all before we know of any other evidence. It's all under seal so we really can't say the only evidence is the dna on the sheath. All we have is the pca, which isn't evidence, reading the tea leaves of the search warrants, and bits gleaned from the arguments made by the defense.

 

[Cool Cats]

I’m not sure anyone can say for sure BK did not stalk any of the residents of the murder house, even with what the prosecutor said.

He could have been in his car or had other vantage points (outdoor seating, etc.) and watched any one of the residents out and about in public, with no one the wiser.

Stalking in person, unnoticed.

There doesn’t appear to be a digital trail of stalking, but I’m not convinced there was absolutely no stalking at all.


IMO

(Snipped)

BK Stalking.....How it looks to me from the information we have right now.....

Prosecution:

BK's phone pinged on the King Rd Moscow cell tower 11 times before and after midnight, late night early morning.

Defense:

So what? Lot's of Pullman residents go to Moscow at night.

Prosecution:

True. Where did BK go?

Defense:

He was just driving around looking at moon and stars.

Prosecution:

Fine. Do you have phone photos of these specific dates?

Defense:
No.

Prosecution:

Do you have any surveillance videos of places of businesses BK went to on those specific nights?

Defense:
No.

Prosecution:

Do you have any witnesses to confirm BK's whereabouts on those specific nights?

Defense:
No.

Prosecution:

So it is possible BK could have been going to King Rd those nights, correct?

Defense:

We are not saying that, BK was out driving in the country looking at moon and stars like he does all the time.

Juror in deliberation room:

It seems reasonable that BK was going to King Rd all or some of those late nights considering the defense does not have any normal explanations or evidence to show otherwise. The defense does not have any evidence to show us where BK was on those specific dates - where he was on those specific nights.

2 Cents

 

[Cool Cats]

The problem the defense is going to have with the video of the white sedan is, as always, that front license plate.

The prosecution will likely show a map of the route they believe BK took that night, with time stamps, phone records, and video of the car they allege is BK's.

There's video of a white sedan going north on Nevada St at 2:44am and BK's phone records are consistent with the movement and location of this white sedan. This hasn't been disputed by the defense at this point. He was in his car leaving his apartment around that time. The phone stops reporting around 2:47am. There is video of a white sedan the prosecution alleges to be the same vehicle around 2:53am going southeast on Stadium Way toward SR 270--the route to Moscow.

There doesn't appear to be mention of the video taken from the Floyd's in the pca so maybe they didn't have that video yet or decided not to use it in the pca. The defense references this video in their supplemental alibi response saying this vehicle is not BK's because he didn't travel east. Reading between the lines of the defense argument, there's likely video of a white sedan traveling east on 270 toward Moscow some time between 2:53am and 3:25am. Completely consistent with the prosecution's timeline. But probably the weakest evidence visually.

Around 3:25am, a white sedan is captured going westbound on Indian Hills Dr and westbound on Styner Ave. The pca says on "this" video, it appears the sedan didn't have a front license plate, so it's unclear to me if it's one or the other or both or all if multiple video captures were made. The defense does not try to argue this is not BK's car. From there the pca cites multiple video captures of a white sedan in the King Road area that are consistent with these prior captures.

The prosecution will show the timing of the white sedan that left Pullman and is in the same location as BK's phone, and the arrival of the white sedan on Indian Hills/Styner without the front license plate is completely consistent with the time it would take a car to go between those two points. And that right after there's video of a white sedan without a front plate captured on Indian Hills/Styner, there's a white sedan in the King Road neighborhood that appears to be the same vehicle. The defense hasn't disputed the two most incriminating videos cited in the pca--the one putting BK's phone in the same place as the white sedan in Pullman, and the one in Moscow near King Rd with the missing front plate.

I think it's going to be difficult to convince a jury it's not the same car regardless of the confusion with the dates. Is it reasonable to think another white sedan without front plates arrived at the same time his would have, especially that time of the morning with few vehicles on the road? And this is all before we know of any other evidence. It's all under seal so we really can't say the only evidence is the dna on the sheath. All we have is the pca, which isn't evidence, reading the tea leaves of the search warrants, and bits gleaned from the arguments made by the defense.

I do not even know of any murder convictions where the killer's car was shown on surveillance video 20 times going to and from the crime scene.

Not necessary to have all this for a conviction.

What the prosecution has is enough to show jurors it is reasonable that this is BK's car combined with his phone records, DNA and witness description.

I have followed multiple murder victim cases where there is no car video, no cell video and no DNA evidence and still the killers were convicted on other evidence.

2 Cents

 

[schooling]

I personally am looking at this as a juror of the general public and I sincerely believe this is what will happen. This is my opinion only.

The way it works in the USA courts:

1.) A prosecution expert testifies
2.) A defense expert testifiies.
3.) THE JURY decides who to believe, who is more credible, what explanation is the most reasonable.
4.) Sy will testify (if judge allows him) about the cell tower evidence.
5.) The FBI CAST expert with 30 years experience will testify about the cell tower evidence - there is information about this in the PCA.

6.) The jury will decide which expert's explanation is the most reasonable.

Sy's and the prosecution's testimony and Motions on this subject are so confusing, convoluted and full of this:

A.) Possibilities
B.) Maybes
C.) Could be's
D.) If we had more information

.......Because of this......the jury will find that the CAST information from the FBI and other prosecution data experts is much more reasonable than Sy's evidence, and they will go with this.

Look, the number one most important piece of evidence for juries - I have posted links several times about this - is DNA evidence. DNA evidence alone with no alibi convicts defendants from 20 to 30 years ago.

BK's skin cell DNA evidence shows it is reasonable it is his DNA on the sheath under a victim in her bed. I believe the jury will see BK's DNA as being beyond reasonable doubt evidence that helps prove him guilty.

Unknown - at this time - evidence could come up via cell tower/phone evidence, but from what I know right now this post is my .....

2 Cents

Ya IMO it seems like Sy's goal is to muddy up the waters and poke just enough pin sized holes to cast doubt on the cellular evidence.

Solid plan if the state's case was being presented in a vacuum somewhere in outer space.

But any doubt Sy manages to cast on the cellular evidence is quickly dispelled when the video evidence is held up next to it. I mean....what are the probabilities of those coincidences otherwise? Probably up there in the DNA Octaillion range. JMO

Once you accept either one of those things then all roads lead to the DNA found at the crime scene.

MOO

 

[10ofRods]

There are plenty of people in Moscow to seat an unbiased jury.

And a jury is not a random sample - it's a selected sample. The qualities are not going to change once you get above 100-1000 people. They're not looking for personalities, they're looking for jurors. Regular people exist everywhere and will tell the Court of their biases at about the same rates, everywhere. Bigger places do not result in better juries - juries are what they are, with input from three parties (which truly does make juries possible and much the same as each other).

All DP appeals cases have expenses attached to them. I predict that this one will be about the same as others, in terms of adjusted expense (taking out inflation). The lines along which these appeals will occur are mostly traditional and seen in many other first degree murder cases.

 

[I am not Sherlock H.]

I do not even know of any murder convictions where the killer's car was shown on surveillance video 20 times going to and from the crime scene.

Not necessary to have all this for a conviction.

What the prosecution has is enough to show jurors it is reasonable that this is BK's car combined with his phone records, DNA and witness description.

I have followed multiple murder victim cases where there is no car video, no cell video and no DNA evidence and still the killers were convicted on other evidence.

2 Cents

Yes Cool Cats…… thank you for these key points! I look forward to this case progressing forward and the in-court attempt by the prosecution to convict the suspect BK for these horrid crimes.

And you are so correct - I cannot recall how many times having watched a Dateline, 20/20, 48 Hours, or The First 48 crime episode where a suspect’s vehicle - similar only in appearance, color and profile - was seen on video or surveillance at or near the scene of the crime. A grainy image from a distance on some less than perfect recording system. Yet with other evidence it was one more piece used to convict the defendant / suspect.

Time will tell. And IMO I believe the apparent circa 2011 - 2016 white Hyundai Elantra traveling vehicle evidence will be helpful. Just one more piece of evidence. And even in the absence of a license plate (or two) that does not denote a specific license plate number, or state, or registration date for renewal. And IIUC the standard for criminal conviction is beyond a reasonable doubt; not beyond all doubt. MOO

 

[GoBuckeyes]

Since I don't live in the USA, this makes sense to me.

I'm not entirely certain why the prosecution prefers the venue does not move in the cases that get so much publicity? I 100% understand that it makes if harder for the families of the victims to attend. Personally, I believe that since the cases are so expensive anyways, they might as well provide boarding for the families.

Because if the venue does not move, my concern is the following:
The DT would try to find jurors that have not heard of the case, or if they heard of it, they have no opinion on BK. I know it is usually "would you still be able to be impartial" but hear me out, I believe that occasionally the court would allow the DT to add extra questions to avoid any perception of impartiality.


Now, statistically. From the people of Moscow, the ones who have heard of the case but don't have an opinion on BK guilt are not the representation of the average citizen; I believe they would be the people who are more naturally inclined to vote not guilty. I believe this is a phenomenon that has taken place in other cases that had an enormous amount of publicity, like Casey Anthony.

So IMO if the venue stays in Moscow, via jury selection, they might end up with jurors that are more inclined to vote not guilty. I hope this makes sense?

It makes sense to me.