I missed the alibi motion. Do you know offhand if any ruling was made on alibi and defense's ongoing lack of compliance with ICRs? Did Hippler rule from the bench?
Here are my bare-bone notes from the alibi segment:
ALIBIS
P==In spite of Judge Judge giving them repeated opportunities, the defendant has yet to establish alibi data only said ‘ I was out driving around’
They have not given a response —no alibi notices
Ray cannot account for the time of crime—we know that
Judge—what about cell phone data of their expert?
P===that will be a battle of cell phone experts
D= BK has consistently maintained his innocence...
Judge—He can testify to that
D- I’ll get to that later—
I disagree that Judge Judge gave us repeated opportunities—Mr Thompson keeps repeating that—our view, that is getting dangerously close to him commented on defendant's right to stay silent...
Judge—I think the issue is about your responsibility to produce an alibi...If you are going to use one
D—Their repeated questions are concerning—I have not been thru every page of very large discovery so I don’t know about any potential alibi yet...
Judge—Mr Ray will say Mr Kohberger was at a certain place at a certain time—if something else comes up then we will deal with that at that time...
