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

Status
Not open for further replies.
  • #741
Do you think the state offered a plea for life (especially since the IGG stuff is coming in) and BK refused it? Based on the recent filings, the defense almost seems resigned to his guilt (he's autistic so don't give him the DP for what he did). A far cry from when AT declared in court that she believed BK was innocent, lol.
 
  • #742
Do you think the state offered a plea for life (especially since the IGG stuff is coming in) and BK refused it? Based on the recent filings, the defense almost seems resigned to his guilt (he's autistic so don't give him the DP for what he did). A far cry from when AT declared in court that she believed BK was innocent, lol.
The defense has to prepare for the possibility he is convicted, which is where this mitigation stuff comes in. It's not a sign that they expect him to be convicted, although I'm sure they absolutely do believe that.

There's no telling if a plea has been offered, or if one will be offered down the road. This guy has been suicidal in the past, so maybe there's just no reason to take a plea. I fully expect this to go to trial.
 
  • #743
Do you think the state offered a plea for life (especially since the IGG stuff is coming in) and BK refused it? Based on the recent filings, the defense almost seems resigned to his guilt (he's autistic so don't give him the DP for what he did). A far cry from when AT declared in court that she believed BK was innocent, lol.
I don't really think recent events suggest a plea deal was offered & turned down.

Any defense attorney qualified to sit first chair in a DP trial is going to attend to possible mitigation factors in advance of the guilt phase of the trial. It's just not possible to wait. And sometimes there are deadlines set by law or by the court for evidence or possible evidence to be revealed to the state (when discovery goes both ways.) And any competent defense attorney, DP qualified or not, is going to realize any client can be found guilty, even if the attorney is sure the client is innocent.
MOO
 
  • #744
It would be interesting though, if this appeal goes up the chain. The right of privacy for DNA. Just because a 2nd cousin, or whoever, consented to give their DNA to a DNA bank, that doesn't mean BK gave any consent. Therefore, the DNA collected has no merit. Because if that is solely what focused LEO on him as a prime suspect in the murder, and it would be thrown out...

Wouldn’t that upend decades of convictions?! Appeal would never go anywhere. But it does appear to have merit. Just saying.
 
  • #745
Do you think the state offered a plea for life (especially since the IGG stuff is coming in) and BK refused it? Based on the recent filings, the defense almost seems resigned to his guilt (he's autistic so don't give him the DP for what he did). A far cry from when AT declared in court that she believed BK was innocent, lol.

BK is a narcissist. He believes that he is SO superior to other lesser humans, that magically he will win the case.

Or, being on death row in Idaho is almost as safe as being in a baby crib. Idaho hasn't killed anyone in almost a decade. BK gets his own personal crib, no work detail, won't have to be with lesser beings. Just lay in bed all day and read, or whatever they do there.
 
  • #746
It would be interesting though, if this appeal goes up the chain. The right of privacy for DNA. Just because a 2nd cousin, or whoever, consented to give their DNA to a DNA bank, that doesn't mean BK gave any consent. Therefore, the DNA collected has no merit. Because if that is solely what focused LEO on him as a prime suspect in the murder, and it would be thrown out...

Wouldn’t that upend decades of convictions?! Appeal would never go anywhere. But it does appear to have merit. Just saying.
And this is where the new Attorney Bicka Barlow an expert on DNA forensics will come into play. JMO
 
  • #747
I'm just stating the facts of the law. There is no way to know what BK's condition is without significant medical tests. It is wrong to assume he's normal enough even when he has a high IQ. We just don't know much about him at all. People with autism tend to be crime victims more than people without. If he is innocent or guilty, did someone who knew him take advantage of him? We just don't know.
It's up to his attorney to get him tested for competency if they feel he is not able to comprehend the proceedings against him.
For his thought process at the time of the crime mental condition is not a defense.
 
  • #748
It would be interesting though, if this appeal goes up the chain. The right of privacy for DNA. Just because a 2nd cousin, or whoever, consented to give their DNA to a DNA bank, that doesn't mean BK gave any consent. Therefore, the DNA collected has no merit. Because if that is solely what focused LEO on him as a prime suspect in the murder, and it would be thrown out...

Wouldn’t that upend decades of convictions?! Appeal would never go anywhere. But it does appear to have merit. Just saying.
Nope because that's not how IGG works. You have no right to privacy of a crime scene. The IGG is only used to identify a suspect- rule them out from their cousin- then a fresh sample is collected ( the trash pull in this case) for comparison to the DNA found at the crime scene. There is NO merit to it.
 
  • #749
If he planted the sheath on purpose, I could see him sending some sort of a cypher or encrypted message to the local newspaper.. although that would have been VERY risky. He would have mailed it from some remote outdoor mailbox in some other city.

Sorry for straying again... but I just think the fact that the sheath was clean of DNA except for the inside of the snap.. and him probably wearing gloves in the house, that he planned to leave it there.

But honestly, I think we will never ever know. He certainly won't tell. But that was his one and only major critical error.
Yes, that and him circling the house 3 times at the exact time of the murders caught on video surveillance. I wonder why he did circle so many times?

Was he scoping out any other unknown vehicles like the DD driver, Kaylee's new car, Ethan's car and the alleged couple who left close to the time before he parked and went it? Was he working up the actual courage to go through with his plan? IDK

I agree that we will probably never know the whole story of why. It's Bryan's way of controlling the narrative and leaving the families without the answers they so desperately need and deserve.

Budding serial killer IMO.

JMO
 
  • #750
My partner has VSS and constant migraine aura(20+years) and she's the safest driver I know. Only one accident in nearly three decades of driving, and that was when someone else wasn't paying attention and rear ended us when we braked to avoid another driver suddenly crossing an unbroken line way too close to us in front, so, none of it was her fault.

You can't generalise like that. Sure, some folks with VSS won't or can't drive, I'm sure, but there will be millions out there who are perfectly safe behind the wheel.

Out of the two of us, I'M the one who doesn't drive, because my anxiety is too bad. You're safer with her, whether she's seeing static or oilslick rainbows or starbursts that day.

Tl;dr, whether he's to be trusted around the silverware is up to a jury, but BK is entirely likely to be fine behind the wheel if his VSS hasn't led to him having accidents over what I assume is over a decade of driving. As far as I know, the only traffic issues we know about were him rolling into an intersection and following too close, which a large proportion of drivers are guilty of doing at times.

MOO
And the no seatbelt ticket he got in August before the murders that gave LE his information. I wonder if he was driving too fast or something else that caused LE to pull him over that time and just gave him a seatbelt ticket and a warning to slow down or something?

MOO
 
  • #751
BK graduated from High School in 2013.
He was a sophomore in 2010-11, and dismissed from his LE track, and put into HVAC, maybe he attended this HVAC for junior year. He did his senior year on line.

His VS posts about visual snow line up with his troubles at HS school.

I believe he was trying to find a way to excuse staring behavior that had got him in trouble with a physical condition beyond his control.


I think it was more than just staring that would have gotten him kicked out of his class and moved to HVAC. That's pretty extreme to me. I wonder if he didn't go back and finished online because he felt humiliated?

So many details we don't know of yet.

JMO
 
  • #752
I’d like to see AT try it and fail miserably.

I’ll go with “he never touched the snap, so he will beat the rap.”

Ohhh. Now that's a snappy slogan! ;)
 
  • #753
Mic Drop, the State has the goodies on Bryan:

3D Visual representation model showing floors and movement, reenactment - Check
Alibi - Defense can't just rely on I was somewhere else - Check
SODDI - Need reasonable proof not just speculation. - Check
Mental Element Defense - Defense not allowed Expert Testimony about Defendant State of Mind - Check

Good on the State of ID and the Prosecution Team. AT & CO. wanted to selectively release little seeds of doubt publicly in their filings, I'm glad the State was able to respond.

Thanks @MassGuy these made my morning.

JMO
 
  • #754
I am glad to see the prosecution arguing that 'star gazing' needs to go in the woodchipper unless BK will testify.

I argued before that it is likely the case the defence cannot stand up this alibi without his testimony because no other witness can say where he was. A generic history of being in to star gazing (AKA lurking around at night) is not a specific alibi IMO

Maybe another one that was for the social media gallery, and interesting that AT has never backed it up.
 
  • #755
So what are the thoughts on the new addition to BK defense team. Bicka Barlow?
Not surprised, the Defense has to attack the strongest evidence against BK. Super word salad coming soon to a Courtroom near you.

jmo
 
  • #756
Not surprised, the Defense has to attack the strongest evidence against BK. Super word salad coming soon to a Courtroom near you.

jmo

Futile IMO. This is just basic crime scene forensics. In any other low key case, our man would be convicted 100/100
 
  • #757
The incident with stealing sister's phone is probably what the stipulation relates to in the latest summary of filings. Both P and D appear to agree this shouldn't be included as trial evidence. Probably on basis of prejudicial; ie too long ago and can't be shown to be relevant to the current crime. Just my conjecture.
I probably shouldn't tell you that as a teenager I once raised a fryingpan in a threatening manner against my brother.
 
  • #758
I am glad to see the prosecution arguing that 'star gazing' needs to go in the woodchipper unless BK will testify.

I argued before that it is likely the case the defence cannot stand up this alibi without his testimony because no other witness can say where he was. A generic history of being in to star gazing (AKA lurking around at night) is not a specific alibi IMO

Maybe another one that was for the social media gallery, and interesting that AT has never backed it up.
AT submitted an addition to a notice of 'alibi' last April to meet a deadline set by Triple JJJ. The state objected immediately on the grounds of complete failure to meet even basic ICRs; defense continued to assert they would flesh out the alibi after viewing all discovery and effectively ignored the deadline. Jmo

Imo Triple JJJ allowed it to slide. Through his non response to state's objection he effectively put the whole matter on hold. In the meantime, imo this allowed the defense to take their time trolling through the discovery looking for anything that might help support an alibi for the actual time of the crime. I feel like JJJ allowed that to happen. Jmo

My view/guess is that defense were looking through the huge amount of video footage for any sign of a white sedan some place other than the King Road neighbourhood between 3.25am and 4.20am, which is the time frame for SV1 being present in the neighbourhood and drive-bying the house. The state has video of SV1 starting from 3.25 am on East Indian Hills Drive and moo can connect and map the same car from that point until losing track of it on Walenta avenue just after 4.20am. Moo

I think the appearance of Sy Ray at the 4th MTC hearing end of May 2024 was a red herring to mollify the judge into allowing more time for alibi submission by sitting on it. I believe at that point, all parties knew BK's phone was off during crime time and therefore Sy Ray was not going to be much use for any so called 'alibi'.

Defense also grilled Payne at that hearing about the video vault and I think this is where AT's interest was really focussed. All conjecture.

At this point, I don't think the defense found anything useful for an alibi; no grainy footage of a white sedan some place out of range of King Road at 4am that might be used to suggest 'there drives BK'. Moo

All the above is just what I think may have been going on when defense claimed from way back in July 2023 they would produce witnesses to an alibi and be compliant with ICRs but subsequently refused to even mention an approximate location for crime time.

Imo Hippler will now address this issue for the first time at the MIL hearing and likely limit any alibi to BK testimony only. The state is claiming unfair prejudice at this stage, too little time to conduct a thorough rebuttal as required by ICRs if D was to suddenly produce any witnesses (which imo could only be some chosen car expert pontificating that some nondescript grainy footage of a white sedan somewhere else at 4amish cannot be ruled out as an elantra ).
 
  • #759
There was some speculation there might be a stronger blood pattern leading up to the latent shoe impression, that this specific print was only highlighted in the PCA to support the defendant's point of exit. Now we learn this train of thought is wrong, what accounts for a lone print outside of DM's door with nothing leading to it?

What if, when the door was closed, he leaned in, pressed his ear to her bedroom, remained stationary for a few seconds, listened for sound within—hence a weighted print in that one spot, closer to the threshold—before backtracking to XK/EC or going upstairs. Maybe DM doesn't know just how lucky she is.
IMO - Horrifying to even imagine! MOO
 
  • #760
AT submitted an addition to a notice of 'alibi' last April to meet a deadline set by Triple JJJ. The state objected immediately on the grounds of complete failure to meet even basic ICRs; defense continued to assert they would flesh out the alibi after viewing all discovery and effectively ignored the deadline. Jmo

Imo Triple JJJ allowed it to slide. Through his non response to state's objection he effectively put the whole matter on hold. In the meantime, imo this allowed the defense to take their time trolling through the discovery looking for anything that might help support an alibi for the actual time of the crime. I feel like JJJ allowed that to happen. Jmo

My view/guess is that defense were looking through the huge amount of video footage for any sign of a white sedan some place other than the King Road neighbourhood between 3.25am and 4.20am, which is the time frame for SV1 being present in the neighbourhood and drive-bying the house. The state has video of SV1 starting from 3.25 am on East Indian Hills Drive and moo can connect and map the same car from that point until losing track of it on Walenta avenue just after 4.20am. Moo

I think the appearance of Sy Ray at the 4th MTC hearing end of May 2024 was a red herring to mollify the judge into allowing more time for alibi submission by sitting on it. I believe at that point, all parties knew BK's phone was off during crime time and therefore Sy Ray was not going to be much use for any so called 'alibi'.

Defense also grilled Payne at that hearing about the video vault and I think this is where AT's interest was really focussed. All conjecture.

At this point, I don't think the defense found anything useful for an alibi; no grainy footage of a white sedan some place out of range of King Road at 4am that might be used to suggest 'there drives BK'. Moo

All the above is just what I think may have been going on when defense claimed from way back in July 2023 they would produce witnesses to an alibi and be compliant with ICRs but subsequently refused to even mention an approximate location for crime time.

Imo Hippler will now address this issue for the first time at the MIL hearing and likely limit any alibi to BK testimony only. The state is claiming unfair prejudice at this stage, too little time to conduct a thorough rebuttal as required by ICRs if D was to suddenly produce any witnesses (which imo could only be some chosen car expert pontificating that some nondescript grainy footage of a white sedan somewhere else at 4amish cannot be ruled out as an elantra ).

I 100% agree with you. They wanted to manufacture an alibi out of the discovery, which is exactly why this is not allowed. BK should know from the first moment of arrest what his alibi is, and his counsel ought to be able to particularise it in filings so that the prosecution gets a fair chance to investigate it.

My guess is they have some Sy Ray stuff that doesn't actually qualify as alibi evidence.
 
Status
Not open for further replies.

Guardians Monthly Goal

Members online

Online statistics

Members online
146
Guests online
1,483
Total visitors
1,629

Forum statistics

Threads
635,595
Messages
18,680,195
Members
243,319
Latest member
space_dinos
Back
Top