4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, 2022 #79

[jepop]

Yes! Great catch.
MOO

It's a request rather than a rule though, so probably does not explain the delay in handing over the two belief of exculpatory items as per motion...but still maybe it does enlighten on how the word exculpatory can be used at this point in discovery. Kinda of like, something might be exculpatory depending on contex of intended use or something like that. MOO

 

[insearchoflight]

I think it’s quite possible motive was to become one of the infamous killers he learned about while studying criminology. Perhaps he idolized them and his poor pathetic life would become meaningful and he would be feared and in a sick way “respected”? Possible he didn’t consider consequences cause they wouldn’t matter. He was making something of his life? Sick way to think but yeah

 

[Nila Aella]

Article about defense request for items:

Bryan Kohberger Claims State Withholding Evidence of His Innocence

The accused murderer's public defender, Anne Taylor, filed a motion to compel discovery in Latah County Court last week, claiming that prosecutors have yet to turn over crucial evidence that she believes could help her client in the case.

www.insideedition.com

 

[Twistinginthewind]

I'm struggling to come up with a scenario where it really matters to the case if BK's blood is on his own mattress. I'm also struggling to imagine a scenario where someone cuts themselves shaving, runs over to their bed and just bleeds onto their mattress, but that's more due to it being gross than whether it's impactful for the case. Nor do I recall ever seeing anyone not using a straight razor cut themselves shaving seriously enough for it to produce a substantial stain on a mattress. Can't really imaging him using one of those either.

I don't see AT worrying about the blood on his mattress until the DA tries to claim he was injured during the attack. But, I don't see how they can prove that, unless a witness can testify that they saw him injured before he left. Am I missing something?

4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, 2022 #78

Not the being thorough part, the lack of any evidentiary return on all the testing they did, IMO. I edited my post to delete that last part about how it made LE look. Not the being thorough part, the lack of any evidentiary return on all the testing they did, IMO. I edited my post to delete...

www.websleuths.com

MOO. I am speculating about the blood found on the mattress pad and uncased pillow in BK's apartment based on 2 underlying presumptions that IMO make sense -- (1) that it is his blood and could be 1 - 4 of the victims' blood, and (2) that he bled on his bedding as a result of committing the murders as follows (BBM):

BK could have sustained some injuries to himself from the edged weapon he used during the alleged killings: "The four University of Idaho students slain in November were attacked with such force that there was significant blood, spatter, and castoff throughout the Idaho home where the bodies were found, according to court records."

BK could have gotten the victims' blood on him and transferred it to his bedding: “The King Road residence contained a significant amount of blood from the victims including spatter and castoff (blood stain pattern resulting from blood drops released from object due to its motion) which, based on my training, makes it likely that this evidence was transferred to Kohberger’s person, clothing, or shoes.”
Cop on Idaho Murders Case Details Bloody Scene in Court Docs

It is not "woo woo" to presume and look into a knife killer cutting themself: "Additionally, investigators will be searching for touch DNA and a possible blood source for a perpetrator if they accidentally cut themself while carrying out the alleged crime." What DNA found at Idaho murder scene could reveal about killer

It wouldn't take a witness to see the injuries before he left. AFAIK, he didn't have any close acquaintances to see such injuries. It looked like he had injuries that were still healing on his right arm in the bodycam video when he was pulled over in IN on his way home: On the outside of his right arm exposed by his sleeve pulling up @ 0:33 seconds of the video, it looks like a recent scar from a longish cut: video of bryan kohberger indiance bodycam - Bing video

There were claims as well (debunked in some later MSM articles, but not all) that LE pulled BK over in IN for that exact purpose: "The FBI reportedly tracked accused Idaho killer Bryan Kohberger and his father as they drove from Washington State University to Pennsylvania — and asked Indiana cops to pull him over to secure images of his hands. Investigators likely wanted to see if the suspect had any visible wounds after allegedly using a large knife to commit the bloody crime." FBI asked police to pull Bryan Kohberger over to get images of hands: report

He was arrested approximately 6 weeks after the murders, which is within the timeframe for cuts to still be visible that are still healing: "How long it takes to heal a wound depends on how large or deep the cut is. It may take up to a few years to completely heal. An open wound may take longer to heal than a closed wound. According to Johns Hopkins Medicine, after about 3 months, most wounds are repaired. ... A large or deep cut will heal faster if your healthcare provider sutures it." Stages of Wound Healing: 4 Stages and What to Expect

LE could have observed and photographed recent cuts/scars he had when he was arrested: 1st Assistant DA Mancuso said in the presser after his arrest, see around 9 minutes of the video: "Part of my duties, um, were to ensure, that 3 separate search warrants, uh, were issued. Those affidavits attached to those search warrants, uh, are still under seal, uh, so I can't discuss their contents with you. But, uh, one was for the person, uh, of Mister Kohberger, collecting DNA, photographs, that sort of thing" https://www.pahomepage.com/news/monroe-county-district-attorney-holds-conference-on-arrest-of-bryan-kohberger/

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All of this ^^^^ information could be used by LE and the prosecution as another point of evidence to demonstrate their belief that it was BK who committed the murders, and would not be dismissed at this point.

Whether or how well it would be convincing or not in making their case, or help in mounting their case BARD, it is still germane to the prosecution's case.

The blood on his bedding could be from him cutting himself while he stabbed the 4 victims that stained his bedding while he was in bed after the murders, and he could have gotten the victims' blood on him that stained his bedding.

 

[Observe_dont_Absorb]

Then why enter in disguise, late at night with a very deadly knife? Not a Swiss pocket knife, not a short every day keep in your pocket kind of knife, but a knife almost 12 inches in overall length with a blade over 6 inches?

MOO

Well, obviously we have no idea but if I were to argue this:

Re the mask, I'd speculate he was only slightly disguised by a surgical mask, or neck up to nose covering, ie not a balaclava, plus probably some gloves, because he enjoyed creeping around at night and didn't want to be easily recognised or leave finger prints / body fluids.

But quite how 'disguised' was he otherwise? we don't know yet. I suspect he wore lightweight very thin and possibly waterproof / water-resist skin tight running clothes. So would he have been recognisable to someone who knows him from the gym or his running sessions?

Re the knife, maybe he liked dead of night missions, doing stealth undercover manoeuvres, armed with a military grade knife, feeling the vibe and power of creeping around people's personal spaces and knowing he's armed in case of emergency.

We don't know what his intention was, perhaps after he was studying criminals in depth about the things they did, he wanted to see how it feels to be one of the 4am demons.

Maybe he was a cat burglar and was hitting houses for valuables and never intended to get into a murder scenario... I still even think there could have been another person.

Just mooting points. I can't say as I believe them. JMO MOO

 

[I'm Nobody]

I think it’s quite possible motive was to become one of the infamous killers he learned about while studying criminology. Perhaps he idolized them and his poor pathetic life would become meaningful and he would be feared and in a sick way “respected”? Possible he didn’t consider consequences cause they wouldn’t matter. He was making something of his life? Sick way to think but yeah

Thank you @insearchoflight for saying what I've been thinking.

BK had lost jobs, been bullied, humiliated, socially rejected before and not killed before. Why now? What was the reason that led to his intent to stop studying killers and become one? At first I wondered if BK and the WSU professor had a mutual dislike for each other from the beginning, the feeling being stronger on BK's side. Was it that rage? Was it the loss of TA funding? There are other programs, schools, loans. No, most likely, BK realized his dislike for teaching. The professor and students recognized that early on. Academia nor grading provided what BK was seeking. He was doing his duty grading undergrads, yet not "respected." There was no notoriety, no pleasure, no thrill, no one treated him "special" or brilliant in faculty world. These other professors even thought they were as smart as he is; he knew they weren't (in his mind).

BK knew what actions could result in an arrest. He knew a high probability of arrest existed if he did certain things; he did some of them anyway; I believe PURPOSEFULLY. He used his own car, took his own phone, left the sheath, took an ID related to the house. I even believe he made 4 drive-bys the house, not looking for lights on, a parking space or deciding whether to go through with killing, but the four passes by cameras were to make sure at least one camera picked up his car on that foggy night. The only thing I don't believe he planned on leaving was the touch DNA on the snap.

IMO this was, is, and will be a cat-and-mouse game to him for as long as he can milk it. He got to live his fantasy and became "famous"; he even has a "fan" club now. Every major news org carried the video of his traffic stop a couple days ago. I imagine he is having the best time of his life now watching himself on the news. Consequences? Deterrents? These are incentives to him. The trial, win or lose, is part of his fame-game.

The 4 people killed had big dreams for their futures; this was BK's dream. Beyond SicK.


Can't know this for sure, of course not. It's my speculation and belief at this moment. MOO

 

[Cool Cats]

MOO. I am speculating about the blood found on the mattress pad and uncased pillow in BK's apartment based on 2 underlying presumptions that IMO make sense -- (1) that it is his blood and could be 1 - 4 of the victims' blood, and (2) that he bled on his bedding as a result of committing the murders as follows (BBM):

BK could have sustained some injuries to himself from the edged weapon he used during the alleged killings: "The four University of Idaho students slain in November were attacked with such force that there was significant blood, spatter, and castoff throughout the Idaho home where the bodies were found, according to court records."

BK could have gotten the victims' blood on him and transferred it to his bedding: “The King Road residence contained a significant amount of blood from the victims including spatter and castoff (blood stain pattern resulting from blood drops released from object due to its motion) which, based on my training, makes it likely that this evidence was transferred to Kohberger’s person, clothing, or shoes.”
Cop on Idaho Murders Case Details Bloody Scene in Court Docs

It is not "woo woo" to presume and look into a knife killer cutting themself: "Additionally, investigators will be searching for touch DNA and a possible blood source for a perpetrator if they accidentally cut themself while carrying out the alleged crime." What DNA found at Idaho murder scene could reveal about killer

It wouldn't take a witness to see the injuries before he left. AFAIK, he didn't have any close acquaintances to see such injuries. It looked like he had injuries that were still healing on his right arm in the bodycam video when he was pulled over in IN on his way home: On the outside of his right arm exposed by his sleeve pulling up @ 0:33 seconds of the video, it looks like a recent scar from a longish cut: video of bryan kohberger indiance bodycam - Bing video

There were claims as well (debunked in some later MSM articles, but not all) that LE pulled BK over in IN for that exact purpose: "The FBI reportedly tracked accused Idaho killer Bryan Kohberger and his father as they drove from Washington State University to Pennsylvania — and asked Indiana cops to pull him over to secure images of his hands. Investigators likely wanted to see if the suspect had any visible wounds after allegedly using a large knife to commit the bloody crime." FBI asked police to pull Bryan Kohberger over to get images of hands: report

He was arrested approximately 6 weeks after the murders, which is within the timeframe for cuts to still be visible that are still healing: "How long it takes to heal a wound depends on how large or deep the cut is. It may take up to a few years to completely heal. An open wound may take longer to heal than a closed wound. According to Johns Hopkins Medicine, after about 3 months, most wounds are repaired. ... A large or deep cut will heal faster if your healthcare provider sutures it." Stages of Wound Healing: 4 Stages and What to Expect

LE could have observed and photographed recent cuts/scars he had when he was arrested: 1st Assistant DA Mancuso said in the presser after his arrest, see around 9 minutes of the video: "Part of my duties, um, were to ensure, that 3 separate search warrants, uh, were issued. Those affidavits attached to those search warrants, uh, are still under seal, uh, so I can't discuss their contents with you. But, uh, one was for the person, uh, of Mister Kohberger, collecting DNA, photographs, that sort of thing" https://www.pahomepage.com/news/monroe-county-district-attorney-holds-conference-on-arrest-of-bryan-kohberger/

------------------------------------------------------------------------------------------------------------------------------------------------------

All of this ^^^^ information could be used by LE and the prosecution as another point of evidence to demonstrate their belief that it was BK who committed the murders, and would not be dismissed at this point.

Whether or how well it would be convincing or not in making their case, or help in mounting their case BARD, it is still germane to the prosecution's case.

The blood on his bedding could be from him cutting himself while he stabbed the 4 victims that stained his bedding while he was in bed after the murders, and he could have gotten the victims' blood on him that stained his bedding.

Interesting. You put alot of research into this.

It's pretty much game over if BK cut himself at the crime scenes and forensics finds his blood in or outside the house. Especially mixed in with the victim's blood or in the same room with the victims but really anywhere on the property.

Yes the defense could say he visited the King Rd property and left bodily evidence at that time but it would depend on many factors.

DNA on a knife sheath in a bed next to a victim is not the same as his fingerprint on a toilet handle for example. Any bodily evidence from him on/next to/mixed with, etc.. a victim is hard to defend. Blood is harder to account for then leaving a fingerprint on a door handle.

But then it could backfire. If he says he visited there but there is not one fingerprint, not one shread of evidence of his being there, isn't that suspicious?

His blood in his car or in his apartment can be explained as him bleeding from a nose bleed to any number of things but it would depend on how much blood, where is it located, is his defense of how he was bleeding believable?

Victim's blood in his car or in his apartment would be extremely difficult to defend. Even if he said he gave a ride to the victim or had them over to his apartment, still difficult to explain.

Then that plays into the prosecution narrative that BK knew some victims and stalked them. Also, forensics would expect to also find their fingerprints in his car and apartment if they visited with him. Again, that defense could backfire.

It's pretty clear that BK's blood on the King Rd property would be difficult for the defense, if not impossible to defend. A little easier if his blood is in his car or apartment. But pretty much game over if any victim's blood is found in his car or apartment.

 

[10ofRods]

IMO This testing would be fast tracked. I find it hard to believe the prosecution does not have the initial interrogation report and/or at least some results from the PA home/car items processed. JMO

Snipped for focus.

If the FBI is involved, it can take way longer. If PA and the FBI have to coordinate, then it goes into PA's queue for dealing with evidence (big state, lots of cases). If it's outside the control of Idaho, the Judge is not going to rule that the State has to turn over evidence it does not have, itself.

Given how long it took for the FBI to do various kinds of analysis in some other cases, it's hard to estimate (I surely hope they are involved in the forensic analysis of the car and that it's not left to PA and various chain of custody issues that could arise).

FBI tends to take longer to get their reports done. After that, I'd assume the various parts of the car would be bagged and shipped to Idaho, to be available for both sides to further analyse.

This could work against the prosecution (if the Defense thinks there might be damning evidence in the car, maybe better to go to Prelim without it; prosecution definitely needs it, if it exists).

If the State has this evidence already, it's reasonable to expect them to get it to the Defense at least 10 days in advance of the Prelim - 30 days, even better. We aren't even within the 30 day limit.

But if the State has *no* evidence from the car to share and the FBI is still looking, that's going to help the Defense, IMO.

 

[Twistinginthewind]

Interesting. You put alot of research into this.

It's pretty much game over if BK cut himself at the crime scenes and forensics finds his blood in or outside the house. Especially mixed in with the victim's blood or in the same room with the victims but really anywhere on the property.

Yes the defense could say he visited the King Rd property and left bodily evidence at that time but it would depend on many factors.

DNA on a knife sheath in a bed next to a victim is not the same as his fingerprint on a toilet handle for example. Any bodily evidence from him on/next to/mixed with, etc.. a victim is hard to defend. Blood is harder to account for then leaving a fingerprint on a door handle.

But then it could backfire. If he says he visited there but there is not one fingerprint, not one shread of evidence of his being there, isn't that suspicious?

His blood in his car or in his apartment can be explained as him bleeding from a nose bleed to any number of things but it would depend on how much blood, where is it located, is his defense of how he was bleeding believable?

Victim's blood in his car or in his apartment would be extremely difficult to defend. Even if he said he gave a ride to the victim or had them over to his apartment, still difficult to explain.

Then that plays into the prosecution narrative that BK knew some victims and stalked them. Also, forensics would expect to also find their fingerprints in his car and apartment if they visited with him. Again, that defense could backfire.

It's pretty clear that BK's blood on the King Rd property would be difficult for the defense, if not impossible to defend. A little easier if his blood is in his car or apartment. But pretty much game over if any victim's blood is found in his car or apartment.

Thanks, I agree with your points, anything is possible at this point.

As much as I appreciate you saying it looks like it, I didn't put alot of research into that post at all though.

It's just a summary of (almost) everything I remember that I think could be relevant to this case that I could link to in MSM related to why blood on his bedding could matter, that's all.
ETA: just following this case here and in MSM
Moo

 

[Cool Cats]

Thanks, I agree with your points, anything is possible at this point.

As much as I appreciate you saying it looks like it, I didn't put alot of research into that post at all though.

It's just a summary of (almost) everything I remember that I think could be relevant to this case that I could link to in MSM related to why blood on his bedding could matter, that's all.

Moo

Well, nice having all those links together.

 

[Chloegirl]

Thank you @insearchoflight for saying what I've been thinking.

BK had lost jobs, been bullied, humiliated, socially rejected before and not killed before. Why now? What was the reason that led to his intent to stop studying killers and become one? At first I wondered if BK and the WSU professor had a mutual dislike for each other from the beginning, the feeling being stronger on BK's side. Was it that rage? Was it the loss of TA funding? There are other programs, schools, loans. No, most likely, BK realized his dislike for teaching. The professor and students recognized that early on. Academia nor grading provided what BK was seeking. He was doing his duty grading undergrads, yet not "respected." There was no notoriety, no pleasure, no thrill, no one treated him "special" or brilliant in faculty world. These other professors even thought they were as smart as he is; he knew they weren't (in his mind).

BK knew what actions could result in an arrest. He knew a high probability of arrest existed if he did certain things; he did some of them anyway; I believe PURPOSEFULLY. He used his own car, took his own phone, left the sheath, took an ID related to the house. I even believe he made 4 drive-bys the house, not looking for lights on, a parking space or deciding whether to go through with killing, but the four passes by cameras were to make sure at least one camera picked up his car on that foggy night. The only thing I don't believe he planned on leaving was the touch DNA on the snap.

IMO this was, is, and will be a cat-and-mouse game to him for as long as he can milk it. He got to live his fantasy and became "famous"; he even has a "fan" club now. Every major news org carried the video of his traffic stop a couple days ago. I imagine he is having the best time of his life now watching himself on the news. Consequences? Deterrents? These are incentives to him. The trial, win or lose, is part of his fame-game.

The 4 people killed had big dreams for their futures; this was BK's dream. Beyond SicK.


Can't know this for sure, of course not. It's my speculation and belief at this moment. MOO

He felt fit and strong, thought he was at his personal best, that it could slide away or he would go back to herion, or quite possibly he had planned this all along and the opportunity was about to slip out of his reach. Just so much to speculate on there!

 

[Sister Golden Hair]

In the 3rd request for discovery, AT focuses mainly on DNA under two main categories. So I think the defense hasn't gotten these items yet (in addition to what is listed on the motion to compel). JMO

Standard DNA discovery
Genetic Genealogy testing and search

SBM for focus

Good points. I think that it's important to note that we don't know what AT focused on in either the 2nd or 3rd request for discovery, however

We don't know because there were stipulations filed to seal both Exh A and Exh B to each. All we know is what was not received because of the motion to compel, and we know that the first request contained requests 1-18, the second one contained 19-through potentially 159, and the third contained requests 160 - however many (but at least 161). That's a lot of requests, and we can't really say what else was in there except that they are included in I.C.R. 16(b)(1)-(8) and the constitutional provisions (covers a lot of ground IOW). Here are the stipulations to seal.

https://coi.isc.idaho.gov/docs/case/CR29-22-2805/032323%20Stipulated%20Motion%20to%20File%20Exhibit%20B%20Attached%20to%20the%20Defendants%202nd%20Supplemental%20Request%20for%20Discove.pdf

https://coi.isc.idaho.gov/docs/case/CR29-22-2805/020823%20Stipulation%20to%20File%20Defendants%20Exhibit%20A%20Attached%20to%20the%20Defendants%201st%20Supplemental%20Request%20for%20D.pdf

 

[BeginnerSleuther]

DBM

 

[girlhasnoname]

Well, obviously we have no idea but if I were to argue this:

Re the mask, I'd speculate he was only slightly disguised by a surgical mask, or neck up to nose covering, ie not a balaclava, plus probably some gloves, because he enjoyed creeping around at night and didn't want to be easily recognised or leave finger prints / body fluids.

But quite how 'disguised' was he otherwise? we don't know yet. I suspect he wore lightweight very thin and possibly waterproof / water-resist skin tight running clothes. So would he have been recognisable to someone who knows him from the gym or his running sessions?

Re the knife, maybe he liked dead of night missions, doing stealth undercover manoeuvres, armed with a military grade knife, feeling the vibe and power of creeping around people's personal spaces and knowing he's armed in case of emergency.

We don't know what his intention was, perhaps after he was studying criminals in depth about the things they did, he wanted to see how it feels to be one of the 4am demons.

Maybe he was a cat burglar and was hitting houses for valuables and never intended to get into a murder scenario... I still even think there could have been another person.

Just mooting points. I can't say as I believe them. JMO MOO

Fair enough, and my counter point would be:

What is the likelihood of BK being in that house on that night, in disguise, armed with a deadly knife where four people were murdered if he wasn't planning something nefarious. He was disguised in dark clothes with a face mask according to the roommate, but she was able to identified his bushy eyebrows, height and athletic build. All of which were accurate.

I just don't find it reasonable that anybody would be breaking into the sanctity of someone's home in the early morning hours for anything other than ill intent. That in and of itself is a crime. He's a Criminal Justice Doctorate, he knows that much.

I don't think he's a cat burglar, he has no previous convictions for such that we are aware of and honestly, what do young college kids have of value anyway? Maybe a laptop and cellphone both of which are easily traceable.

Agreed we don't know everything yet, who knows what might unfold.

MOO

 

[U.N. Known]

SBM for focus

Good points. I think that it's important to note that we don't know what AT focused on in either the 2nd or 3rd request for discovery, however

We don't know because there were stipulations filed to seal both Exh A and Exh B to each. All we know is what was not received because of the motion to compel, and we know that the first request contained requests 1-18, the second one contained 19-through potentially 159, and the third contained requests 160 - however many (but at least 161). That's a lot of requests, and we can't really say what else was in there except that they are included in I.C.R. 16(b)(1)-(8) and the constitutional provisions (covers a lot of ground IOW). Here are the stipulations to seal.

https://coi.isc.idaho.gov/docs/case/CR29-22-2805/032323%20Stipulated%20Motion%20to%20File%20Exhibit%20B%20Attached%20to%20the%20Defendants%202nd%20Supplemental%20Request%20for%20Discove.pdf

https://coi.isc.idaho.gov/docs/case/CR29-22-2805/020823%20Stipulation%20to%20File%20Defendants%20Exhibit%20A%20Attached%20to%20the%20Defendants%201st%20Supplemental%20Request%20for%20D.pdf

I've long wondered why they feel someone may be in danger from whatever information is sealed in the court documents. The idea just popped in my head that the someone(s) in potential danger could be someone connected to BK and/or the victims. BK himself isn't a threat. The only way he could harm anyone is if he is connected to someone else who would do so.

Speculation--what if there is some other criminal activity involved, the revelation of which could put someone in danger? An "if anyone finds out about X,Y. and Z, your (parents, siblings or the parents, siblings, etc. of ABC) will pay-type scenario?

 

[10ofRods]

Apparently, the defense doesn't have the information about the car, either.

Request No. 49 — All lab testing, including photographs and color diagrams and bench notes including, but not limited to:

1. Copies of lab reports detailing the forensic evidence collection and
analysis of items recovered at Bryan Kohberger’s parents’ home,
trash cans and other receptacles, and Bryan Kohberger’s Hyundai
Elantra.

What I wonder is why, if the car contained a lot of the victims' DNA, this has not been shared with the defense yet? The car was seized end of December, so seems like test results would be available.

The FBI takes apart cars like no others. They will use a sterile field, put the car in and start dismantling it. The seat belt's click station will be unscrewed. The seams of the upholstery will be tested in various ways. They will eventually sample the cushions under the upholstery (hard to clean). They should be doing blood/human protein analysis first, then swabs for DNA where appropriate, then fiber analysis. Each of these things are done by different teams, all of whom many other similar cases to work/jobs to do.

Radio knobs taken off, bagged. Car control pedals removed, tagged and bagged. I figure there would be as many as 700-800 individual pieces of evidence from most cars. Interior of the door mechanism (where the key goes in - he had to get his car keys out and even with gloved hands, he might still have had traces of victim blood. While he certainly tried to clean everything, it's hard to complete clean the interior of a car door locking mechanism or the seat belt buckle receptor.

However, it's possible he used various cleaning products to work extra hard at those places - he had time.

I do wonder how they tested the carpet and pedals for blood and human proteins (probably did that first, before ever taking anything apart).

I am preparing myself for very little of forensic value to have been found in the car, due to the length of time that BK had control of it (and the fact that he surely must have known what was coming, forensically).

IMO.

Anyone have any thoughts about what the Judge will do at Prelim if *no one* has the car search results and the car is still in PA?

 

[Sister Golden Hair]

dbm.

 

[10ofRods]

I don't know Idaho law, but in some states, the defense *must* state the nature of its defense at the preliminary. No spaghetti throwing defenses in those states.

I can't remember which state it was (I think Colorado) where the defense had to specifically alert the Court that they were going with a SODDI defense, but they had to tell the Judge who, specifically, the Other Dude was. No wild claims of "hey, someone else did it!" Nope, just the claim that defendant didn't do it.

If Defense claims "defendant didn't do it," and "defendant has no verifiable alibi," then that narrows down what will be happening at the Prelim - and at Trial. If the defense provides an alibi for BK, then in some states (again, I don't know about Idaho), that has to be told to the Judge before Prelim or, at least, before trial.

In some states, defense can just say SODDI and that's okay. Or, "Some Dude with X characteristics - if there's unidentified DNA lying around - then the jury has to try the facts to see if that makes sense."

IOW, the defense cannot just show up at Prelim and say "Some Asian dude did it because we sequenced the DNA found in the glove box and it looks like a partial for an Asian Dude!"

They have to give notice to the State before they do this at Prelim. They are using evidence, perhaps, or an interpretation of the evidence, that the State does not have. If both sides agree that Some Asian Dude's DNA in the glove box exists, then that DNA is likely to come in as evidence. If the defense has no sequencing to show that such DNA exists, who knows what the Judge will do? If the defense can get things retested after the Prelim, things could change again in pre-trial motions.

Again, not a lawyer and certainly not familiar with Idaho law.

IMO.

 

[Sister Golden Hair]

Speculation--what if there is some other criminal activity involved, the revelation of which could put someone in danger?

IMO there are a number of ways that I could piece this together using what we do know to speculate on related activities. Unfortunately, for one reason or another, those scenarios fall outside of conversations allowed under TOS.

I think it's important to remember, though, that there are a lot of missing pieces that don't fit into the simple and obvious theories. Consider the sealed warrants and motions (3 IIRC with even the party served under seal), Doordash, 19-20 random Tinder accounts, Dropbox, WSU, etc., etc., and LE had probable cause to get those warrants. Warrants are not handed out without probable cause, regardless of who says otherwise. If warrants were given out just to investigate someone, the FBI and LE would have just gotten one for BK much earlier on. But they could not. They did not have PC yet. So what kind of PC must they have had to get warrants for DD, Tinder, Dropbox, etc., and how does that PC link to the PC re BK? Those are the interesting things to ponder IMO.

 

[SpiderFalcon]

The FBI takes apart cars like no others. They will use a sterile field, put the car in and start dismantling it. The seat belt's click station will be unscrewed. The seams of the upholstery will be tested in various ways. They will eventually sample the cushions under the upholstery (hard to clean). They should be doing blood/human protein analysis first, then swabs for DNA where appropriate, then fiber analysis. Each of these things are done by different teams, all of whom many other similar cases to work/jobs to do.

Radio knobs taken off, bagged. Car control pedals removed, tagged and bagged. I figure there would be as many as 700-800 individual pieces of evidence from most cars. Interior of the door mechanism (where the key goes in - he had to get his car keys out and even with gloved hands, he might still have had traces of victim blood. While he certainly tried to clean everything, it's hard to complete clean the interior of a car door locking mechanism or the seat belt buckle receptor.

However, it's possible he used various cleaning products to work extra hard at those places - he had time.

I do wonder how they tested the carpet and pedals for blood and human proteins (probably did that first, before ever taking anything apart).fi

I am preparing myself for very little of forensic value to have been found in the car, due to the length of time that BK had control of it (and the fact that he surely must have known what was coming, forensically).

IMO.

Anyone have any thoughts about what the Judge will do at Prelim if *no one* has the car search results and the car is still in PA?

If the PCA evidence was enough to have him arrested and held with no bond, I would imagine ANY additional evidence would be enough for him to be bound over for trial. There's a reason she's made the rulings she's made thus far. I have much faith in the FBI being able to find evidence in his car, IF IT'S THERE. Definitely going to take time on the reports, tho. IMO