4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #104

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  • #841
Could you share what you feel the three most significant wins were for the defense? I listened to pretty much the entire hearing, and did not come away with a feeling that the defense had any substantial wins, and certainly no game changers. It largely felt, to me, like a day the defense could have better spent, looking at discovery they claim they have not had time to go through. JMO
Alternate Suspect Evidence
Alibi
AT&T Timing Advance Reports: the opportunity to talk to Ballance.

All of the above are important for the defense case.
 
  • #842
The defense got their 3 most consequential high value wins:
Alternate Suspect Evidence
Alibi
AT&T Timing Advance Reports AND the opportunity to talk to Ballance.

The prosecution only got 1 of their own motions ruled in favor by the judge: Improper DP Comments - a very low value ruling.

The other rulings that went the prosecutions way were also low value:
Unnoticed 404b evidence
Amazon Click Activity
Make and Model of Vehicle

The rulings especially the more consequential rulings thus far are mostly in favor of the defense and on much more valuable issues. The more consequential rulings are important in shaping the trial and being able to determine how things will go in front of the jury. By evaluating the outcome of these hearings, we can learn a lot about the forthcoming trial. In fact, this is an important part of the science and art of trial consulting.
At this time, there is no alternate suspect evidence. The defense must have names, and must provide them before trial, and soon, if they exist. They cannot just say SODDI. BK has no alibi between 2:47 and 4:48, regardless of what the defense claims, period. There is no "partial" alibi. There either is one, or there is not one. And unless someone suddenly remembers seeing him elsewhere at the time of the murders, no one can offer an alibi but BK. Someone being able to show where he was an hour and a half before the murders is not an alibi. Again, where are these AT&T non-existent timing advance records, that AT&T swore they did not supply to the state, going to come from? Are they going to just materialize out of thin air? There is absolutely zero evidence that they exist. Ballance will be talked to outside of the presence of the jury, and barring some great secret revelation, the jury will never know of the talk.

I do find it surprising that you assign such low value to the Amazon click activity pertaining to the KaBar knife, being allowed, and apparently also to the information about the vehicle, in light of the video that will come in of the traffic stop, and all of the video of an identical car circling the area of KIng Rd, before stopping and leaving just when the murders were committed. I also think the defense placed high value on the demonstrative house model. They certainly put up a fuss about it, and yet, it is coming in. JMO
 
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  • #843
So far, there is no alternate suspect evidence. The defense must have names, and must provide them before trial, if they exist. They cannot just say SODDI. There is no alibi between 2:47 and 4:48, regardless of what the defense claims, period. And unless someone suddenly remembers seeing him elsewhere at the time of the murders, no one can offer an alibi but BK. Again, where are these AT&T non-existent timing records going to come from? Are they going to just materialize out of thin air. There is absolutely zero evidence that they exist. Ballance will be talked to outside of the presence of the jury, and barring some great secret revelation, the jury will never know of the talk.

I do find it surprising that you assign such low value to the Amazon click activity pertaining to the KaBar knife, and apparently also to the information about the vehicle, in light of thee video that will come in of the traffic stop, and all of the video of an identical car circling the area of KIng Rd, before stopping and leaving just when the murders were committed. I also think the defense placed high value on the demonstrative house model. They certainly put up a fuss about it, and yet, it is coming in. JMO
Exactly. Stargazing/driving around Moscow late at night/running at night aren't alibis that anyone can verify- whereas his exact model of car can be verified to be in the area at that time period and his phone was off...
 
  • #844
At this time, there is no alternate suspect evidence. The defense must have names, and must provide them before trial, if they exist. They cannot just say SODDI. BK has no alibi between 2:47 and 4:48, regardless of what the defense claims, period. There is no "partial" alibi. There either is one, or there is not one. And unless someone suddenly remembers seeing him elsewhere at the time of the murders, no one can offer an alibi but BK. Someone being able to show where he was an hour and a half before the murders is not going to help him. Again, where are these AT&T non-existent timing records going to come from? Are they going to just materialize out of thin air. There is absolutely zero evidence that they exist. Ballance will be talked to outside of the presence of the jury, and barring some great secret revelation, the jury will never know of the talk.

I do find it surprising that you assign such low value to the Amazon click activity pertaining to the KaBar knife, and apparently also to the information about the vehicle, in light of thee video that will come in of the traffic stop, and all of the video of an identical car circling the area of KIng Rd, before stopping and leaving just when the murders were committed. I also think the defense placed high value on the demonstrative house model. They certainly put up a fuss about it, and yet, it is coming in. JMO
this is good!
 
  • #845
At this time, there is no alternate suspect evidence. The defense must have names, and must provide them before trial, if they exist. They cannot just say SODDI. BK has no alibi between 2:47 and 4:48, regardless of what the defense claims, period. There is no "partial" alibi. There either is one, or there is not one. And unless someone suddenly remembers seeing him elsewhere at the time of the murders, no one can offer an alibi but BK. Someone being able to show where he was an hour and a half before the murders is not going to help him. Again, where are these AT&T non-existent timing records going to come from? Are they going to just materialize out of thin air. There is absolutely zero evidence that they exist. Ballance will be talked to outside of the presence of the jury, and barring some great secret revelation, the jury will never know of the talk.

I do find it surprising that you assign such low value to the Amazon click activity pertaining to the KaBar knife, being allowed, and apparently also to the information about the vehicle, in light of the video that will come in of the traffic stop, and all of the video of an identical car circling the area of KIng Rd, before stopping and leaving just when the murders were committed. I also think the defense placed high value on the demonstrative house model. They certainly put up a fuss about it, and yet, it is coming in. JMO
Thank you for this. I started typing out my response then I gave up and deleted it. I don't feel good today so I didn't feel I was up to a good counter response.

Being AT and being chastised by Hippler during those seven hours I would have felt defeated.
 
  • #846
  • #847
  • #848
  • #849
Thank you for this. I started typing out my response then I gave up and deleted it. I don't feel good today so I didn't feel I was up to a good counter response.

Being AT and being chastised by Hippler during those seven hours I would have felt defeated.
OT: Hope you feel better soon! Sending you healing vibes. 🥰
 
  • #850
He had his head literally resting in his hands and covering his face a few times. lol

He said he aged more than a year today. I thought, us too, your honor, us too.

100% believe he sees Kohberger on his docket and contemplates filling up his water bottle with vodka for a minute :rolleyes: ;)
 
  • #851
I missed it so can only make a guess as to why what BK used to jot down a few notes looked like crayons or markers. Perhaps they didn't want to give him something with a sharp point that he could stab someone with? As I said... just a guess on my part. :)
Yes, that could be true, too. Thick markers work for both reasons.

[But then supposedly with his dexterity deficits he’s not capable of stabbing. :rolleyes:] MOO.
 
  • #852
Does anyone remember where the bathroom was in the house? Was it next to Xana's room?
 
  • #853
Does anyone remember where the bathroom was in the house? Was it next to Xana's room?
There was one right next to Xana's room. If you were facing Xana's door whilst standing in the living room, the door to the bathroom was to the left of Xana's door.

There was at least one other bathroom on the top floor.

MOO
 
  • #854
There was one right next to Xana's room. If you were facing Xana's door whilst standing in the living room, the door to the bathroom was to the left of Xana's door.

There was at least one other bathroom on the top floor.

MOO
Thank you!
 
  • #855
  • #856
Are we guessing or is it documented the sliding glass door in the kitchen was left open? I can't remember.
 
  • #857
Does anyone remember where the bathroom was in the house? Was it next to Xana's room?
1000046276.webp

 
  • #858
Are we guessing or is it documented the sliding glass door in the kitchen was left open? I can't remember.
I don't think we know. But easy to breach.
 
  • #859
  • #860
Are we guessing or is it documented the sliding glass door in the kitchen was left open? I can't remember.
I don't know that it was ever said. The only thing known was that DM observed the person in black the house headed towards the sliding door, we would assume to be heading out. Unless there was a window breached, rather than the sliding door. But just because someone exited that way doesn't mean they entered that way. A lot of people's theories have him exiting the sliding door and entering the sliding door.
 
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