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.
TLR. 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.dnews.com
At any rate, it's the traveling nature of his phone on that day that he needs an alibi for, IMO.
"Cellular, GPS and Video data must be taken into account with the alibi."
Yes, I would assume so?
Imo, he needs an alibi for between about 2.50am and 4.50am on Nov 13th that can account for him being on the highway near Blaine at 4.50am. Something like below may have a low chance of being corroborated but is just an eg.that came into my head. Moo:
Left appartment at c.240am and drove around Pullman in vicinity of NE Nevada St. for 10 minutes. Then turned off phone/put it into air plane mode [I believe forensics will be able to say if battery ran out, so unless it did this will not be in the alibi]. Then drove back to appartment [ no corroborating video on NE Stadium Way but could say he went a back route way] and stayed there until approx 4.10am. Couldn't sleep so went out at that point taking phone but leaving it off, took back streets out of Pullman avoiding the most direct route out along NE Stadium Way [no footage at that time shows his car] and drove towards Moscow on Pullman Highway, turned onto Highway 95 then continued south. At around 4.50am decided to turn phone on, accounting for phone suddenly utilising cellular resources utilised by the nearby town of Blaine. Then drove back to Pullman (multiple pings and footage to corroborate once in Pullman).
He'd need to find a witness to him returning to his appartment after c.2.50 (video footage from back street, neighbour looking out window?) and then departing at 4.10am (Ditto). I think LE have already canvassed the Highway heading south where it goes through Moscow, so unlikely to find footage there but ofcourse would need to go through all of that.
This seems an unlikley alibi to me, perhaps it will be something else such as driving around east of Moscow between about 3 am and 4.30am before heading South towards Blaine? Would need some corroboration somehow. I think if he was visiting friends, for eg, there wouldn't be the need for the extension of time and infact if this was the case, he would have had that corroborated some time ago. I really thought that BK's defense would involve attacking LE forensics, phone and video evidence but it will probably involve that too?
One question I have: Is BK tied to producing an alibi defense now that he has requested the extension of time? After whatever time period is approved by the court for the alibi defense to be produced, can the defense then say, actually we are not going to produce an alibi defense after all? My understanding is that the defense is free to drop the alibi defense at any time. But if they do, are they free to pick it up again or not?
