4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #100

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The cases of Interest summary page was updated on 13th Feb but when I checked there were no new listings.

Later I wanted to check the timing of the subpoena and subpeona ducas tecum which had been listed on the summary for the 23rd/24th Jan hearings. I'd only seen them listed yesterday; ducas tecum on 26 December 2024, and the subpoena on 3rd Jan 2025. Lo and behold, both have been removed from the summary page. I believe this was the update of 13th Feb.

I then looked for the redacted filings for the Jan 3rd subpoena and December 26th subpoena ducas tecum, which I recall reading last month, and both have been removed.

Not sure what meaning to ascribe to that. Maybe because they belong with the recent subpoenas/sub ducas tecums listed in summary 12 Feb, because all relate to the Jan hearings and a pending release of the closed hearing transcript? Or very possibly am twisting these happenings into a pretzel to fit my wishes. Jmo

ETA links. I just checked the summary and the subpoena listings are back again. Sorry, maybe an issue on my part. Very odd, as I spent ages looking for them just a few hours ago. The Dec 26 and Jan 3rd filings remain absent from the filings. This makes my post a likely nothing burger. Sorry


 
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This is how I read Green as well. The precedent seems established.

IMO this is a bump in the road, just a delay tactic by the defense, still Looking in Loophole Land for any means to dismiss Bryan’s DNA, found at the most relevant location.

JMO

Just a note that Green discussed a line of California cases, so strictly is not precedent in this case. But it does debunk the idea that there is some conspiracy here. MOO
 
I recently went down a similar rabbit hole on Alt Suspects. I think what is counter intuitive to lay people is that all these alt suspects, tips etc can only raise doubt if there is actual evidence tying them to the crime.

So returning to this case, just because there is DNA found in the house, and you want to turn that into an speculative Alts via searches of DNA databases - that is not going to fly.

The reason is that no one could ever be convicted if every random tip and lead had to be chased down.

And much of this stuff will never be admissible in the first place

Anyway - a fascinating area which will no doubt be regulated more in future I guess.

MOO
Exactly.

A good chunk of the defenses strategy relies on pretending like the evidence against BK doesn't hold any particular weight when compared to...well....anything. Probabilities don't matter. IGG doesn't doesn't matter. Everyone is just as equal of a suspect.

The 2 unidentified DNA samples aren't even the most egregious example.

I think that award goes to their implication (seemingly, IMO) that the real killer's car is on any camera that LE didn't seize footage of.

You pursue your strongest leads. That was the sheath. By a factor of 10. And that sheath lead to DNA which subsequently lead to AT&T and video footage which all pointed to BK. The more promising that got the more resources LE dedicated to it.

If the sheath never panned out we probably would have seen them double back to the two samples. And then at that point where do you draw the line? They should have cleared all of Moscow? All cameras in Idaho? All white cars in the country?
 
Regardless of if the defense prevails in convincing Hipper to grant a Franks hearing, or to suppress other state evidence, it’s likely that Kohberger’s attorneys will use the unidentified blood DNA from the crime scene to try to “muddy the waters” at trial to create reasonable doubt, Boise criminal defense attorney Edwina Elcox told the Statesman in a phone interview.

“That evidence could be any variety of things: It could be something, or it could be a lot of things that are nothing,” said Elcox, who briefly represented Lori Vallow Daybell in her Idaho murder case. “There’s at least something to be made of it, and it’s better than having nothing as a defense.”
 
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Regardless of if the defense prevails in convincing Hipper to grant a Franks hearing, or to suppress other state evidence, it’s likely that Kohberger’s attorneys will use the unidentified blood DNA from the crime scene to try to “muddy the waters” at trial to create reasonable doubt, Boise criminal defense attorney Edwina Elcox told the Statesman in a phone interview.

“That evidence could be any variety of things: It could be something, or it could be a lot of things that are nothing,” said Elcox, who briefly represented Lori Vallow Daybell in her Idaho murder case. “There’s at least something to be made of it, and it’s better than having nothing as a defense.”

Yes. which is fine! These are classic trial defences.
 
Even if the Franks Hearing is granted, it doesn't mean a victory for the Defense. The statistical outcomes of a Franks Hearing generally falls in the State's favor. The State has their evidence on lock IMO.

Just because AT & CO. want to paint a biased and conspiracy laden arrest by LE against BK doesn't mean it's going to happen. If, and that's a big IF, one is granted (because of the high profile DP case) I do not think the Defense will get much if anything. Still not worried. :)

JMO
 
Exactly.

A good chunk of the defenses strategy relies on pretending like the evidence against BK doesn't hold any particular weight when compared to...well....anything. Probabilities don't matter. IGG doesn't doesn't matter. Everyone is just as equal of a suspect.

The 2 unidentified DNA samples aren't even the most egregious example.

I think that award goes to their implication (seemingly, IMO) that the real killer's car is on any camera that LE didn't seize footage of.

You pursue your strongest leads. That was the sheath. By a factor of 10. And that sheath lead to DNA which subsequently lead to AT&T and video footage which all pointed to BK. The more promising that got the more resources LE dedicated to it.

If the sheath never panned out we probably would have seen them double back to the two samples. And then at that point where do you draw the line? They should have cleared all of Moscow? All cameras in Idaho? All white cars in the country?

Most excellent post!!!

You have a talent in describing the investigative process... so that it is very understandable to everyone.
 
Most excellent post!!!

You have a talent in describing the investigative process... so that it is very understandable to everyone.
Appreciate that! My undergrad is in laws effects on society. When that scared me away from a legal career I spent a decade as a high school programming teacher and another decade as an individual contributor designer and exec in SaaS UX. So I’ve spent my entire life trying to make words and shapes (buttons, form fields, etc) to people!

I hope that prosecutors present this case in a very straight forward, chronological way. And that it closely matches the opening statement I suspect that I suspect they’ll put on.

I think this is a simple case with straight lines and connecting dots. and the defense is going to want to connect those dots to places outside of that path (video facing south, glove dna).

If the prosecutors can make that straight line narrative strong and compelling enough to withstand the defenses attempts, it’s a slam dunk.

MOO
 

Click on Case Summary for updates:

State of Idaho v. Bryan C. Kohberger

Ada County CR01-24-31665 / Latah County CR29-22-2805

Case Summary (Updated 02/18/25)

02/17/2025 Rebuttal to Defendant's Supplemental Response to Request for Discover Regarding Expert

Witnesses
02/17/2025

Motion to Redact or Seal Newly Filed Records

Motion to Seal Exhibits to State's Rebuttal to Defendant's Supplemental Response to Request

for Discovery Regarding Expert Witnesses




 
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<modsnip: paywalled article>

Red bolding mine.
Oh my goodness. :eek:

Why don't people with a suicidal mindset, severe depression, or other mental problems, get themselves treated or even have themselves committed, before harming innocent people ?
Imo, part of the answer is that they want to take revenge and lash out at society for not caring enough about them.
Which if that was BK's mindset, is simply not true.

Most likely 100 % of society at large would want him to get help, before harming himself or others.
Had he spoken openly to his family about it ?
Considering his comment about his father, prob. not; & in committing the murders (.02 says he did it), he treated all of his family like dirt.
What a burden to place on their shoulders to be even distantly connected to this horror.
Imo.
Omo.
 
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