PinkParis2052
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Sorry but cherry picking and inking defense MTCs minus the p responses, outcomes of hearings and resultant orders which resolved individual items doesn't establish a thing. The d contended at various points that the p was deliberately withholding some items of discovery. The p disagreed on various grounds and points of contention were resolved by the court. Judge has never ruled that p was deliberately or inadvertently withholding discovery. Simply put any assertions to the contrary are opinion not fact and certainly not established truth.
Moo
Snipped by me--Do you have a link for that?Yes it's true along with several other key pieces of evidence from the prosecution.
on written request by the defendant:
This is the link to the Idaho Criminal Rule 16. Discovery and InspectionI.C.R. 16. Discovery and Inspection | Supreme Court
isc.idaho.gov
Every thing that the defense has asked for, in court docs, is because defense HAS to make a written request.
And every time they make a written request, via a court doc, the Prosecution answers, via a court doc. So far.
IMO
Here's a list of things the prosecution still has not shared with the defense. I'd refer to page 2 but check out all three please.
Motion to Compel Discovery
What's the defense up to now? 16 or 17 requests?
I just don't understand why the prosecution won't turn over the info to the defense?
Try this link
There's a gag order. Of course you're not aware. None of us are aware of what's been turned over. We are all aware, tho, that the laws of Idaho state that upon written request by the defense, the Prosecution has to turn it over. I've not seen one statement or order from the Judge that this hasn't been accomplished. So when you state: "Here's a list of things the prosecution still has not shared with the defense", it's either inaccurate, or please show a link. It didn't seem like you were asking. JMO, IMOJust asking b/c I honestly do not know.
You say they've answered the via a court doc but have they actually turned over one item from that list that the defense has requested?
Again, only asking b/c I was not aware that they had turned over anything from that list.
Thanks
In a court of law--presumption of innocence is wrapped up in due process in a court of law. It's completely normal for law enforcement to give a press conference after an arrest and tell the public they believe they've arrested the right person.IMO
I disagree.
The statement made by Chief Fry in the interview where he declares, "we have our guy the one that committed these murders," appears to go against the fundamental principle of the criminal justice system, which is the presumption of innocence until proven guilty. Law enforcement officials in most jurisdictions, including Idaho, are prohibited from making statements that suggest a suspect is guilty before they have been convicted in a court of law. Additionally, prosecutors are required to refrain from making extrajudicial comments that could potentially impact the suspect's right to a fair trial. Therefore, Chief Fry's statement raises questions about his adherence to these ethical and legal guidelines.
If law enforcement officials publicly state that "we have our guy" before a suspect has been convicted in a court of law, they may be violating several legal and ethical rules, including:
The principle of presumption of innocence: in Idaho, every person charged with a crime is presumed innocent until proven guilty. Any statement by law enforcement officials that suggests otherwise could prejudice the case and potentially impact the suspect's right to a fair trial.
Idaho Rule of Professional Conduct 3.6: This rule applies to attorneys, including prosecutors, and prohibits them from making extrajudicial statements that have a substantial likelihood of prejudicing a criminal proceeding. If law enforcement officials make statements that suggest a suspect is guilty, they could be violating this rule.
Idaho Rule of Professional Conduct 3.8: This rule also applies to attorneys, including prosecutors, and requires them to "refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused." If law enforcement officials make statements that suggest a suspect is guilty, they could be violating this rule as well.
2 cents and just my opinion
I'm reminded of the anger of Caylee Goncalves's father, who was interviewed after one such hearing. He said it was "business as usual," with the defense asking for evidence and the prosecution saying they can't turn over what they don't have.There's a gag order. Of course you're not aware. None of us are aware of what's been turned over. We are all aware, tho, that the laws of Idaho state that upon written request by the defense, the Prosecution has to turn it over. I've not seen one statement or order from the Judge that this hasn't been accomplished. So when you state: "Here's a list of things the prosecution still has not shared with the defense", it's either inaccurate, or please show a link. It didn't seem like you were asking. JMO, IMO
Yes it is a KA-BAR brand. It's not lacquered, it looks to be painted. Same for the front of the rivets.If your sheath is really a KBar brand sheath, the snap is untreated brass which has turned brown AKA tarnished. Brass is usually not painted but lacquered to prevent oxidation so it remains bright gold. But, more importantly, due to the friction of snapping and unsnapping the sheath, the inside of the snap where the DNA was found would not have had paint or lacquer on it.
All JMO.
You can look up p responses, notices of hearings and any subsequent orders and p supplemental responses on Idaho court cases of interest page under kohberger. Motions and responses are in chronological order. You'll have to scroll through. 2nd MTC probably first half of 2023. JmoOkay if I'm wrong I apologize but has the prosecution turned over one thing from that list that the defense as asked for? I am merely asking b/c I do not know. Thanks
snipped for focus @CKS Only addressing one sentence of ^ post.....The statement made by Chief Fry in the interview where he declares, "we have our guy the one that committed these murders" ....
Yep. Not to mention the “perp walk” is a PR move as old as time.In a court of law--presumption of innocence is wrapped up in due process in a court of law. It's completely normal for law enforcement to give a press conference after an arrest and tell the public they believe they've arrested the right person.
Seriously.Given Webster properties, plain or treated brass might have, despite all this, a biological sample was taken, and a full profile was developed. And later matched, beyond all octillprobabillion, to the DNA of the accused. No alloy impeded that. Statistical match.
To date, except maybe on this thread, there's been no question or issue relative to how either sample was taken, codified, analyzed or matched. In 2024, IMO, it's accepted science.
Get it down to brass tacks, it's still BK's DNA. It was not diluted, corrupted, combined, nor incomplete.
BK's DNA.
It is an exercise in fantasy to imagine the many ways his epithelial cells could have floated on to a sheath from the likely murder weapon under a victim stabbed by which but none is very believable. Not believable = not reasonable.
It's very reasonable the the sheath owner had occasion to snap and unsnap that very sheath and the the owner and the owner should leave his and only his epithelial cells on the the clasp mechanism of a sheath he alone used.
JMO
"I am certain this is our guy."Police Chief Fry's Statement. Source w Link, Pls?
snipped for focus @CKS Only addressing one sentence of ^ post.
Above post has quotation marks around the stmt, indicating imo the post claims was made by Chief Fry.
IOW the ^ post states --- as a FACT---that Fry said exactly that, not just something along that line.
Can you pls provide a link to MSM or other WS-approved source to that stmt? And if in an audio or video link, would you pls add time stamp/marker.
Anyone? TiA