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

[Cool Cats]

That's fine. But it seems the "totality of the evidence" argument has often used here on WS in discussions of potentially iffy evidence. The general position doesn't seem to be what you've described above. Rather, the general position I'm disagreeing with seems to be that even normally questionable evidence should be seen as "good unquestioned evidence" as long as there's other evidence (a totality) to combine it with. So what if X is not very good or maybe not valid at all? Combined with Y & Z the totality is great. So that seems to mean if there's other evidence, flawed/iffy evidence needs to be accepted as unflawed. I don't agree. Other evidence doesn't automatically transform iffy evidence.
MOO

I do not understand <modsnip>. Evidence is evidence.

The jury looks at all the evidence and then is smart enough not to let a discusting horrible killer loose on the public to kill our mothers, fathers, sons, friends, daughters, grandparents, aunts, uncles, etc...

2 Cents

 

[wendy44]

When did AT pretty much acknowledged that this is BK's DNA?

Anne started asking for discovery of the STR and SNP in May 2023, there was a hearing in Aug 2023 about why they needed discovery of the IGG information. In Oct 2023, the Judge agreed that they should get some discovery of the IGG but he needed an in-camera review. There was on hearing about the IGG on Nov 2, 2023, the judge set a Dec. 1, 2023 deadline, it was submitted by the state by the deadline and the judge in the review.

The defense team just were turned over some of the IGG information in Jan 11, 2024. On 2/1/2024, the defense team asked the judge for their three dna experts and their investigators to have access to the IGG information. On 2/29/2024, the judge agreed to let the three dna experts to have access to the IGG but not the investigators. On May 30, 2024, in a closed hearing for the 4th and 5th motion to compel discovery, the defense team and their three dna experts made agreements about why their investigators should have access to the IGG. On 6/7/2024, the judge filed a second amended order for disclosure of IGG information and the protective order to include the investigators for the defense team.

BK's dna match to the match on the sheath, and the IGG are two very separate and distinct things.

To my knowledge, the defense has never contested that BK is a match to the dna on the sheath. They will likely try to convince the jury it got there some other way, but so far they haven't tried to say it's not his.

All the legal maneuvering you're citing is about the IGG and the methods of that investigative tool. Purely procedural.
IMO

 

[wendy44]

Side note: There is a VERY specific reason the defense wants the prosecutions methodology of how it came to be BK's DNA and until all of that is shared I'm still on the fence. There are ways to manipulate the DNA testing with the markers. I'm not saying they did but I also don't know why they wouldn't share that info? I suppose eventually they will but it's just like how LE won't turn over all of the cast data? What's that all about?

Snipped by me--correct me if I'm wrong, but I think you're referring to the motions and hearings regarding the IGG and the defense pushing for the methodology of producing BK's name from the unknown dna (done by the FBI). This is not at all the same thing as contesting that the dna on the sheath is a match to BK. I don't think the defense has ever said they question the match or that any manipulation happened with the dna that could cause anyone to question the match. They've always been free to run their own tests and they may have done that. They don't dispute the match.
IMO

 

[wendy44]

MOO

I agree that BK probably touched the sheath and it appears to be his DNA. But it is questionable and it is from what I can tell the only thing that links him to this crime in my opinion.


I'm not saying in any of my posts that he did not do it. I'm just saying we need more evidence in my opinion to convict him with the death penalty.


All MOO

I think there's likely a huge difference between what we've seen and what they have. It's all been under seal since the pca so we just don't know how much evidence they do or don't have.
IMO

 

[Nila Aella]

• 09/04/2024 States Response and Supplemental Responses to Defendants Requests for Discovery
• 09/05/2024 Expert Witness Disclosure
• 09/05/2024 Motion & Memorandum in Support of Motion to Trifurcate the Proceedings & Apply Rules of Evidence
• 09/05/2024 Motion for Court Order
• 09/05/2024 Motion to Strike Felony Murder Aggravator
• 09/05/2024 Motion to Strike Future Dangerousness Aggravator
• 09/05/2024 Motion to Strike HAC Aggravator
• 09/05/2024 Motion to Strike Multiple Victims Aggravator
• 09/05/2024 Motion to Strike Notice of Intent to Seek the Death Penalty (Failure to Present Aggravators)
• 09/05/2024 Motion to Strike Notice of Intent to Seek the Death Penalty (Vagueness)
• 09/05/2024 Motion to Strike Notice of Intent to Seek the Death Penalty (Contemporary Standards of Decency)
• 09/05/2024 Motion to Strike Notice of Intent to Seek the Death Penalty (International Law)
• 09/05/2024 Motion to Strike State's Notice Pursuant to IC 18-4004A on Grounds of Arbitrariness
• 09/05/2024 Motion to Strike the Death Penalty
• 09/05/2024 Motion to Strike Utter Disregard Aggravator

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwj-m8qB_6yIAxXBMlkFHZEsMgAQFnoECBMQAQ&url=https%3A%2F%2Fcoi.isc.idaho.gov%2F&usg=AOvVaw3QpkN0NQPCGFbgfzIE_S1f&opi=89978449

 

[gremlin444]

"
Bryan Kohberger’s defense aims to strike death penalty option in Idaho murder trial

Read more at: https://www.idahostatesman.com/news/local/crime/article291952940.html#storylink=cpy"