ID - 4 Univ of Idaho Students Murdered - Bryan Kohberger Arrested - Moscow # 67

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It has been suggested. It just doesn't make sense to me. Is he going to pull out the murder weapon now and say "Look! My knife doesn't match that sheath!"

Reminds me of the bank robber, when charged with robbing the bank of $10,000, saying "It was only $5,000, your honor!"
No, but what if the wounds don't match a kabar? Or if they have a piece of the knife and it doesn't match a kabar? As I understand it, the Kabar sheath is only made for a kabar knife? JMO
 
I was curious about this phrasing in the warrant from Officer Daniels:

This information is being provided to the court pursuant to my duty and obligation to be fully candid with the court. I do not believe this information is exculpatory for the suspect. However, if the court believes it is exculpatory, then the court should consider this supplemental disclosure in its evaluation of the existence of probable cause, or lack thereof.

But I am specifically asking the court to NOT consider this supplemental disclosure as evidence supporting the existence of probable cause.The reason for this request is that if the dna test results are held inadmissible at some point, such a ruling would not impact the finding of probable cause for this warrant, so long as this court is satisfied as to probable cause regardless of the dna test result.
I just think that means LE are covering their bases. They don't want the PCA questioned in the future by the Defense, and the circumstancial evidence of probable cause is very strong with or without whatever DNA evidence was a available to LE at time of arrest. IOWs the PCA stands with or without that particular piece of DNA evidence. The judge agreed. MOO
 
Examples of acquittals in cases with vast, circumstantial evidence?

There's always O.J.
That trial was a spectacle carrying all sorts of cultural and racial baggage that most trials would never have. It was the first big TV event trial. The judge and the lawyers on both sides played to TV audience. DNA was new. The lab work wasn’t impeccable. One of the police witnesses was a demonstrated racist. And lots of people refused to believe OJ could be a killer. The OJ trial might be a cautionary tale but i think people learned from what happened there. People also cite the Casey Anthony acquittal but the prosecution overcharged her. Manslaughter might have gotten a conviction.

MOO but our intense focus on the evidence as it unfolds skews our perception toward each separate point or item of evidence and not to the totality of what indicates BK is the killer. I saw this same pattern in discussion of the George Wagner 4 trial, where posters bemoaned any evidence presented of the actual crime (a murder CONSPIRACY) wanting instead proof that GW4 pulled a trigger or left a fingerprint somewhere. Sleuthers even discounted testimony of 2 co-conspirators including his mother! I think this is probably a natural tendency considering our experience of the case is very different from a jury’s. Some percentage of people here will always think someone else did it or want a nanny cam video showing the crime with the perp clearly visible. But the jury’s job is whether prosecutors prove a case bryond a reasonable doubt. In this case, the evident care of law enforcement across 3 different states encourages me to think the judge and prosecutors will be just ss careful and competent. MOO.
 
Idaho murders - updates: Bryan Kohberger ‘co-defendant’ theory debunked as hit-and-run revealed

The Independent
Rachel Sharp and Andrea Blanco
Wed, January 18, 2023 at 12:25 PM EST

"A prominent attorney has debunked speculation that suspected killer Bryan Kohberger had an accomplice in the stabbing murders of Kaylee Goncalves, Madison Mogen, Xana Kernodle and Ethan Chapin in Moscow, Idaho, on 13 November.

Duncan Levin, former assistant district attorney in the Manhattan DA’s office and attorney at Levin & Associates, spoke to The Independent about the criminal case against the 28-year-old PhD student.

Last week, Mr Kohberger’s attorney filed a discovery request, asking to receive all discovery from the prosecution within 14 days. In the filing, the defence requested information about a “co-defendant” in the case, prompting speculation that there may be evidence suggesting he had an accomplice – or that the defence could seek to argue that as part of its case.

However, Mr Levin explained that this is just “very standard requests as part of the defence’s discovery request”, adding: “I don’t think I would make much hay of that.”

Meanwhile, it has been revealed that a hit-and-run unfolded outside of Mr Kohberger’s home on the same night of the murders. It is not clear if Mr Kohberger witnessed the hit-and-run which took place within the eyeline of his apartment."


Idaho murders - updates: Bryan Kohberger ‘co-defendant’ theory debunked as hit-and-run revealed
IMO thats interesting. I wonder if related.
 
I just think that means LE are covering their bases. They don't want the PCA questioned in the future by the Defense, and the circumstancial evidence of probable cause is very strong with or without whatever DNA evidence was a available to LE at time of arrest. IOWs the PCA stands with or without that particular piece of DNA evidence. The judge agreed. MOO
I'm sort of curious if this means there was no other DNA found at the crime scene.
 
No, but what if the wounds don't match a kabar? Or if they have a piece of the knife and it doesn't match a kabar? As I understand it, the Kabar sheath is only made for a kabar knife? JMO
It still makes no sense from a risk-to-gain perspective. If he was thinking that, look where it got him.

The only way I can see that thing being left intentionally is if it was left by someone trying to frame him.
 
Idaho murders - updates: Bryan Kohberger ‘co-defendant’ theory debunked as hit-and-run revealed

The Independent
Rachel Sharp and Andrea Blanco
Wed, January 18, 2023 at 12:25 PM EST

"A prominent attorney has debunked speculation that suspected killer Bryan Kohberger had an accomplice in the stabbing murders of Kaylee Goncalves, Madison Mogen, Xana Kernodle and Ethan Chapin in Moscow, Idaho, on 13 November.

Duncan Levin, former assistant district attorney in the Manhattan DA’s office and attorney at Levin & Associates, spoke to The Independent about the criminal case against the 28-year-old PhD student.

Last week, Mr Kohberger’s attorney filed a discovery request, asking to receive all discovery from the prosecution within 14 days. In the filing, the defence requested information about a “co-defendant” in the case, prompting speculation that there may be evidence suggesting he had an accomplice – or that the defence could seek to argue that as part of its case.

However, Mr Levin explained that this is just “very standard requests as part of the defence’s discovery request”, adding: “I don’t think I would make much hay of that.”

Meanwhile, it has been revealed that a hit-and-run unfolded outside of Mr Kohberger’s home on the same night of the murders. It is not clear if Mr Kohberger witnessed the hit-and-run which took place within the eyeline of his apartment."


Idaho murders - updates: Bryan Kohberger ‘co-defendant’ theory debunked as hit-and-run revealed
IMO, was BK the person who was struck or is there no connection.?
 
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I'm sort of curious if this means there was no other killer's DNA found at the crime scene.
That's a point. That's why LE might anticipate defense may seek to have sheath button dna excluded? maybe, could be... Could all DNa analysis on scene be completed by DEC 29?
 
(Emphasis added.)

"Beyond a shadow of a doubt" is EXACTLY the language used during voir dire to indicate what the prosecution is NOT required to provide. "Reasonable doubt" is somewhat less than that, but the wording (at least in NY and CA where I have been a juror) is somewhat ambiguous and, to some extent, every jury has to decide what it means. If you believe what you posted and are honest when questioned, you would be excused from any jury.

We should keep in mind that a sizable majority of murder cases that go to trial do end in a conviction. In TX and CA, murder convictions are obtained in over 80% of trials (and those figures don't take into consideration cases where a conviction is achieved after a hung jury/mistrial in which the DA can use what s/he learned from the first trial). FL, unsurprisingly, only has a 59% conviction rate. (Don't get me started!)

With four, attractive, young, white people horribly slaughtered, most juries will be anxious to convict, which isn't to say they will ignore their sworn duty. It's really too early to worry, but given conviction rates we should be concerned that BK gets a fair trial!
IMO, also it’s important that the prosecution charges him appropriately.
 
That trial was a spectacle carrying all sorts of cultural and racial baggage that most trials would never have. It was the first big TV event trial. The judge and the lawyers on both sides played to TV audience. DNA was new. The lab work wasn’t impeccable. One of the police witnesses was a demonstrated racist. And lots of people refused to believe OJ could be a killer. The OJ trial might be a cautionary tale but i think people learned from what happened there. People also cite the Casey Anthony acquittal but the prosecution overcharged her. Manslaughter might have gotten a conviction.

MOO but our intense focus on the evidence as it unfolds skews our perception toward each separate point or item of evidence and not to the totality of what indicates BK is the killer. I saw this same pattern in discussion of the George Wagner 4 trial, where posters bemoaned any evidence presented of the actual crime (a murder CONSPIRACY) wanting instead proof that GW4 pulled a trigger or left a fingerprint somewhere. Sleuthers even discounted testimony of 2 co-conspirators including his mother! I think this is probably a natural tendency considering our experience of the case is very different from a jury’s. Some percentage of people here will always think someone else did it or want a nanny cam video showing the crime with the perp clearly visible. But the jury’s job is whether prosecutors prove a case bryond a reasonable doubt. In this case, the evident care of law enforcement across 3 different states encourages me to think the judge and prosecutors will be just ss careful and competent. MOO.

So so true, a couple days after his arrest I said to self, how long before defenders surface.


Jmo
 
.snipped for focus

MOO but our intense focus on the evidence as it unfolds skews our perception toward each separate point or item of evidence and not to the totality of what indicates BK is the killer. I saw this same pattern in discussion of the George Wagner 4 trial, where posters bemoaned any evidence presented of the actual crime (a murder CONSPIRACY) wanting instead proof that GW4 pulled a trigger or left a fingerprint somewhere. Sleuthers even discounted testimony of 2 co-conspirators including his mother! I think this is probably a natural tendency considering our experience of the case is very different from a jury’s. Some percentage of people here will always think someone else did it or want a nanny cam video showing the crime with the perp clearly visible. But the jury’s job is whether prosecutors prove a case bryond a reasonable doubt. In this case, the evident care of law enforcement across 3 different states encourages me to think the judge and prosecutors will be just ss careful and competent. MOO.
BBM, I couldn't agree more. Similar to the principle, Cannot see the wood for the trees perhaps! MOO
 
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