By saying that no one else has a clue even though we have seen debit card transactions, ip address, and other testimony is fairly dismissive, imo. And yes, I firmly believe that DK was in Hawaii because that is where all of the evidence points and all I see is a bad Google lookup on an IP (which has been refuted) to suggest otherwise. Is there some other evidence that anyone can point me to?
I agree, and I think it points to confusion around the overall BARD standard in criminal trials, vs evidential proof.
BARD is simply the question we ask at the end of the day, having regard to all the evidence at trial. We don't apply BARD standard to the question "was DK in Hawaii". If we did, then the prosecution becomes impossible because each piece of evidence can be undermined by speculation.
The proper handling of evidential questions is much clearer if you have a strong background in civil trials IMO. Experienced Judges have regard to the weight of evidence and will not hesitate to make natural and obvious inferences based on weight of evidence.
So let's imagine for a moment this is a civil trial
A judge will simply look at ticket purchase, phone records and purchase records, and draw an inference based on the weight of evidence. Namely that DK was most likely in Hawaii in the date range. Same with criminal trials - It does not need to be proven 100%, or beyond reasonable doubt etc etc
Sometimes this might be expressed by saying "prima facie" DK was in Hawaii until the defendant can produce proof otherwise
So at this point the other side have their turn at bat. And this is where I mean that an evidential burden has been raised that they have to fight against. It isn't enough to speculate that it is still possible for DK to have slipped back to California. You need proof positive to back your assertion.
IMO some vague DNS stuff cannot stand against the hard records the state has produced.
Especially any hard nosed judge is going to take a dim view of a defendant
who doesn't produce evidence which must have existed if the defence is correct for consideration by the Court.
tldr; put up the passenger records and DK himself or go home.
my .02