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Sorting through the evidence, searching for a gap and developing a story to match.
4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #83
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You are right that if law enforcement has obtained video that clears the accused, they are required to make it public because it is exculpatory evidence. The availability of such a video does not, however, negate the requirement for the defence to carefully examine all the evidence.
The defence must independently review the evidence in addition to relying on how the prosecution has interpreted and presented it. The adversarial system that supports our criminal justice system is fundamentally based on this concept. The defence may interpret or understand the video evidence differently, even if law enforcement has studied it.
You're right that the defence would alert the court if there was video evidence that cleared the offender. However, considering the amount of evidence in this case, finding such evidence necessitates a thorough examination of all the materials, which can take some time.
Regarding your suggestion that the defence could need to independently locate the footage, that is a very real possibility and likely underway. This highlights the difficulty of the defense's duty, though, and the necessity of giving it enough time to complete. The length of time required to build a solid defence is influenced by a careful examination of the available evidence, an impartial investigation, and the search for new leads.
While it would be unusual if there was a video in the evidence that cleared the defendant, finding and comprehending such evidence is a difficult and time-consuming task. Because of this, the defence has asked for a an exception or extension of time to comply with Idaho Code 19-519.
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Totally unrelated case, but it’s the only trial I’ve followed ( out of many ) that I was aware of the filing of an alibi defense.
AM’s Defense fought it as long as they could, flat out refused actually. Although he had given 3 interviews with LE before his arrest about his timeline, he wanted to know exactly what Prosecution was going to claim at trial.
Trial started in January and they filed it on November 17.
AM’s Defense fought it as long as they could, flat out refused actually. Although he had given 3 interviews with LE before his arrest about his timeline, he wanted to know exactly what Prosecution was going to claim at trial.
Trial started in January and they filed it on November 17.
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Agreed. His dna is there. I’d literally bet my life on his guilt.
I wasn't going to mention this, but since you did, certain types of "smart" thermostats contain a microphone which can be used by a hacker to listen in on a household. It is also possible for a hacker to adjust the thermostat and for the hacker to communicate through the thermostat to people in the house.
Hacker Takes Over Milwaukee Couple's Smart Home
"My heart was racing. I felt so violated at that point," says Samantha Westmoreland, whose Google Nest system was apparently hacked.
www.newsweek.com
The property rental listing for 1122 King Rd (still on Zumper) states the house was completely renovated in 2019 AND:
"All major systems roof, furnace, electrical panel, etc have been updated in recent years. Proactive maintenance program with annual dryer vent cleaning, furnace serviced every bi-annually, and proactive quarterly maintenance inspections."
This tells me that their thermostat was relatively new. Also the listing said that you rented a room and all utilities and internet were paid by the landlord. We know the house was owned by a company that has a lot of rental houses. So, it would make sense for them to put in Smart Thermostats which they could adjust remotely to help control utility expenses.
We can only speculate at this point, but this is a possible reason why the HVAC company was called out to the house in the middle of the initial forensic investigation.
All just speculation and IMOO.
Lori Vallow also filed a notice of alibi.
Even if someone is absolutely innocent and was in fact driving at 4am, demonstrating their innocence is not always as simple as we would seem. It doesn't mean that you "should not need additional time to find something to tether you." It's about having the capacity to carefully examine every piece of evidence, no matter how extensive or weak, in order to develop a solid defence.
An alibi is more than simply a statement of where you were; it also includes reliable proof to back up your claim. Additionally, proving an alibi can be difficult depending on the particulars of a case. Consider the scenario where it is necessary to check surveillance cameras, phone records, social media data, etc. Particularly if there is a substantial amount of evidence that is still incoming, this job can take a very long period.
My point is that the legal system is more complicated than just "guilty" or "not guilty." It involves taking the necessary time and care to ensure that everyone receives a fair trial. Additionally, there are situations when doing so entails requesting more time to meet legal obligations. It's only a step in the process of making sure a fair trial; it doesn't imply guilt or deception.
His DNA will undoubtedly be a significant obstacle for the defence. Additionally, we have not yet heard about any of the evidence found in his car.
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Thanks. I didn’t follow this case all the way through but seem to remember seeing this document.
Murdaugh stood out to me because of all the legal wranglings about it with Motions and hearings, etc.
Can‘t hear the words “ alibi defense “ without thinking of AM.
jmo
No, I think you have misunderstood my post. I didn't post anything about discounting the NYT article. My post was only in response to the summary posted about that article by the OP. BK was identified by 29th November, per PCA- an official document. He was identified and known to LE at that time. His car was known to LE at that time. He may have become a POI at that point, Imo. LE were on the lookout for Elantras at that point. I haven't yet read the NYT article, so have made no comment about the December 19th date. LE definately had BK's name on 29th November. As I speculated we don't know the timing around the evolution of LE's investigation of him- ie from identified, to POI to prime suspect. It looks like from what you post there that the NYT article is positing that a possible link with dna snap button sample was discovered through genetic genealogy on 19th Dec. That is, they linked the snap button sample with BK through this genetic genealogy test? But I haven't read the article yet. Moo.
edited to correct a date.
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AFAIK, whatever listing you’re looking at includes at least some long outdated info according to the property management company:I wasn't going to mention this, but since you did, certain types of "smart" thermostats contain a microphone which can be used by a hacker to listen in on a household. It is also possible for a hacker to adjust the thermostat and for the hacker to communicate through the thermostat to people in the house.
Hacker Takes Over Milwaukee Couple's Smart Home
"My heart was racing. I felt so violated at that point," says Samantha Westmoreland, whose Google Nest system was apparently hacked.
The property rental listing for 1122 King Rd (still on Zumper) states the house was completely renovated in 2019 AND:
"All major systems roof, furnace, electrical panel, etc have been updated in recent years. Proactive maintenance program with annual dryer vent cleaning, furnace serviced every bi-annually, and proactive quarterly maintenance inspections."
This tells me that their thermostat was relatively new. Also the listing said that you rented a room and all utilities and internet were paid by the landlord. We know the house was owned by a company that has a lot of rental houses. So, it would make sense for them to put in Smart Thermostats which they could adjust remotely to help control utility expenses.
We can only speculate at this point, but this is a possible reason why the HVAC company was called out to the house in the middle of the initial forensic investigation.
All just speculation and IMOO.
“The King Road home’s six bedrooms had at one time been rented as separate apartments, according to McClanahan, with the property management firm.
“Primarily for the last 12 years, it has been rented as one unit as a single-family home,” McClanahan said.”
The house on King Road: A look at the Moscow home where four U of I students were killed - East Idaho News
The rent almost certainly didn’t include utilities, MOO here, and I really doubt a rental that’s locally known as a “rode hard & put away wet” type would have a smart thermostat, but who knows? If it does, it will be very interesting to learn what role it might have played in the investigation!
MOO, as always.
ETA: my hunch is that ad might date back to the time when the renovations were completed: they wanted to get some rental income going until the next standard rental term. Just a guess, tho, based on how things generally work here.
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Yes, they're not mutully exclusive. I'm not proposing an either or situation in any event. I'm interested and have been for a long time in the temporal aspects of the investigation. As per earlier post re press conferences, I'm always aware that LE were extremely likely to have been doing their due diligence from the very beginning and see no reason for this suddenly ceasing in December. Having said that, BK was on the radar in some capacity from Nov 29th. Moo
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In theory, not specific to BK.
Is it possible for someone to cite an alibi and name or describe people(s) who have thus far not been identified or contacted by LE or who are not compliant with LE?
In such cases do these type of people get subpoenaed to answer to the court or have warrants put out for their arrest and debriefed by detectives? How does it work?
Is it possible for someone to cite an alibi and name or describe people(s) who have thus far not been identified or contacted by LE or who are not compliant with LE?
In such cases do these type of people get subpoenaed to answer to the court or have warrants put out for their arrest and debriefed by detectives? How does it work?
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The house looked wells maintained - MOO the "Good Times" neon sign was with the house, not a cheap decoration.
I'm Nobody
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WOW I hope so too @Boxer
IMO The jurors would react to BK like his students did to his explaining facts.
Surely AT would strongly advise against it.
JMO
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Let's run down what the alibi needs to address. Let's start with the alibi "I was asleep in my apartment, had nothing to do with any of this."
Obviously, no one is going to be a witness to this sleep event, unless Kohberger has cameras trained on himself, in his bedroom, every night. In which case, of course, he'd have produced these videos and he wouldn't be where he is.
So, what kind of alibi would work? The sleeping alibi (without cameras) is the most likely scenario, isn't it? Wouldn't most people be asleep at that time?
How then, does he account for his phone traveling (at road speeds) out of Pullman just before 3 am? So that has to become part of that alibi.
He loaned it to a friend? He's going to have to produce that friend or acquaintance.
It was stolen? and then returned to him? That makes no sense.
But the theft would still require evidence (the best kind would be the police report for this mysterious stealing of the phone for one evening). His phone then travels in a loop (picking up at Blaine, IIRC) through parts of Southern Idaho and then back to Pullman, turned on, and emitting signals until the car is parked outside Steptoe Apartments.
How did the phone travel? There's an Elantra involved and captured on various videos - BK coincidentally has one of those. Did the phone thief also steal his car? All for just one night? Evidence is needed.
Difficulties: The State likely has some evidence of that car's whereabouts by now, perhaps even GPS from the car itself (but certainly from the phone). The 2015 Elantras did not come equipped with it in all models, so we don't know. But the phone did.
If some of the views of the Elantra in possession of the State actually show a solo occupant (and the car's passing through the south end of Moscow and then through other little towns until back in Pullman), that isn't going to make the alibi easier.
TL
R. Cellular, GPS and Video data must be taken into account with the alibi.
Oddly, BK's phone also travels to 1122 King the next morning (and then to an Albertson's in Clarkston, where Kohberger is caught on camera inside the store, in possession of the phone that accompanied him and the phone data tracking him through the same loop as just a few hours earlier; but with a stop near the Snake River). Wouldn't his alibi need to explain how his phone made those two trips to Moscow? (One in which the phone was turned off for a few hours and one in which it stayed on). I am guessing that the witness who saw the Elantra at the drive-through coffee place in Clarkston might even remember who was driving, as he stated that to the media before the gag order.
dnews.com
At any rate, it's the traveling nature of his phone on that day that he needs an alibi for, IMO.
Obviously, no one is going to be a witness to this sleep event, unless Kohberger has cameras trained on himself, in his bedroom, every night. In which case, of course, he'd have produced these videos and he wouldn't be where he is.
So, what kind of alibi would work? The sleeping alibi (without cameras) is the most likely scenario, isn't it? Wouldn't most people be asleep at that time?
How then, does he account for his phone traveling (at road speeds) out of Pullman just before 3 am? So that has to become part of that alibi.
He loaned it to a friend? He's going to have to produce that friend or acquaintance.
It was stolen? and then returned to him? That makes no sense.
But the theft would still require evidence (the best kind would be the police report for this mysterious stealing of the phone for one evening). His phone then travels in a loop (picking up at Blaine, IIRC) through parts of Southern Idaho and then back to Pullman, turned on, and emitting signals until the car is parked outside Steptoe Apartments.
How did the phone travel? There's an Elantra involved and captured on various videos - BK coincidentally has one of those. Did the phone thief also steal his car? All for just one night? Evidence is needed.
Difficulties: The State likely has some evidence of that car's whereabouts by now, perhaps even GPS from the car itself (but certainly from the phone). The 2015 Elantras did not come equipped with it in all models, so we don't know. But the phone did.
If some of the views of the Elantra in possession of the State actually show a solo occupant (and the car's passing through the south end of Moscow and then through other little towns until back in Pullman), that isn't going to make the alibi easier.
TL
R. Cellular, GPS and Video data must be taken into account with the alibi.Oddly, BK's phone also travels to 1122 King the next morning (and then to an Albertson's in Clarkston, where Kohberger is caught on camera inside the store, in possession of the phone that accompanied him and the phone data tracking him through the same loop as just a few hours earlier; but with a stop near the Snake River). Wouldn't his alibi need to explain how his phone made those two trips to Moscow? (One in which the phone was turned off for a few hours and one in which it stayed on). I am guessing that the witness who saw the Elantra at the drive-through coffee place in Clarkston might even remember who was driving, as he stated that to the media before the gag order.
Kohberger was allegedly in Clarkston hours after students were killed
CLARKSTON — The man accused of slaughtering four University of Idaho students was in Clarkston on the day of the murders, according to the affidavit released Thursday.
At any rate, it's the traveling nature of his phone on that day that he needs an alibi for, IMO.
maconrich
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You should check out the article - it's a good read and laid out well. It provides a good time line and info w/o being sensational -- as in it's well written and seems to be based on facts. Focuses on the timing of the various search warrants etc. The part I deleted from another comment was that, from what I'm remembering - so IMO, MOO, it seems like the search warrants specific to BK fit more with him being a suspect using the Dec date. So perhaps he was a POI by Nov 29, but it looks like the (Dec 19) DNA results sealed the deal and made him their primary (only?) suspect and things moved pretty fast from there. IMHO.
Edited to add link (which leads) to article as shared by Mike Baker (as has been previously posted here)
According to Idaho Criminal Rule 17, subpoenas must order all parties to appear and provide testimony at the time and location stated, and they may be issued by the judge or the court clerk. A peace officer, the officer's deputy, or any other person who is not a party and is at least 18 years old may serve a subpoena. A subpoena's failure to be followed could be considered contempt of the court that issued it.
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So you're saying that Anne Taylor, even if she had found clearly exculpatory evidence (such as a video of Kohberger at a different place than alleged) would wait until she had gone over all the evidence before going to court?
We can agree to disagree. In all my years of working with LE, DA's and PD's, I've never seen that strategy. I guess it could happen, though (and I suppose, with Kohberger's cooperation and permission, because if I knew there was exculpatory evidence and I was in jail, I would definitely want the Court to be officially notified of it).
I think, instead, they are hoping to find something and will sift through everything. But so far, they have nothing or they'd be in Court. I'm watching a local case right now (where, btw, the defense attorney DID bring forward what he claims is plainly exculpatory evidence - but the State and the Judge disagreed and the defendant is still in jail).
In the case I'm mentioning, the defense attorney was able to get bail for his client (and then to have it reduced) by bringing before the court some troubling issues that, while not viewed as factually sufficient for the Judge to drop the case altogether, did make the Judge refer it to the jury with the defendant getting bail. Big win for the defendant.
The way Anne Taylor is handling this tells me that her client has not given her an alibi that she can show to the court. If she has to dig for it on her own (and he doesn't know what his alibi is), that's not a good look for this defendant. He's apparently going to have all factual matters brought into the trial (or do a plea bargain). It's never good if the actual defendant doesn't know what their alibi is. In such cases, the Defense will sometimes avoid trying to get details from the defendant (preferring that he remain silent, even with them).
JMO.
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