4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #84

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  • #581
I think the sifting and sifting and sifting of legal documents in this case is largely driven by pro-BK sentiments. (Trying to find “gotchas” in the proceedings or (in the past) ways to dirty up the victims.)

*Total* misinterpretation of legal docs by lay people defending BK is a pretty common sight elsewhere.

This is a really weird one, overall. A horrifying crime with some deeply unsettling reactions to BK by some people. I’ll be happy when it’s in the rearview mirror.

This is all assuming I got the gist of your post. If so, no, this isn’t typical. I do miss the ability to just discuss the case like it’s any other case, but for some reason we can’t do that with this one.
Aye.
People come late too and never read the first 2000 threads which is where the digging takes place..
They miss out.
 
  • #582
Aye.
People come late too and never read the first 2000 threads which is where the digging takes place..
They miss out.
Also, posters are pouring over court filings because that's mostly all we have, thanks to the early gag order.

In other cases I've followed, a gag order wasn't in place until about the time the trial began.
 
  • #583
It’s a different country, but obviously similar legal systems: in the Dellen Millard/Mark Smich murder trials in Canada, particularly the murder of Tim Bosma, the prosecution turned out to have ridiculously more CCTV and other evidence available than the public knew before trial. (Found guilty.)

In the US, same thing for the recent Letecia Stauch trial. So much more evidence than the public knew—and it was awful. (Guilty.)

I do agree the cellphone blackout that overlays the murders is chilling. Because so many other murderers have done that. (It’s just not a good plan.)

I don’t have any doubt that they have the right guy. JMO and I’m not eligible to be on a jury in any of the states that he may have operated in.
I can only hope there is lots of other evidence we don't know anything about. But, if so, why is the prosecution not sharing it with the defense as required?

All JMO.
 
  • #584
I can only hope there is lots of other evidence we don't know anything about. But, if so, why is the prosecution not sharing it with the defense as required?

All JMO.
The Defense has asked for records that the Judge hasn't decided whether they should be shared.
JMO


Idaho prosecutors said they would need weeks to source the documents, and added they had turned over 13,000 pages of reports, 13,000 photos, 10,000 tips, as well as 51 terabytes of case files to Kohberger's team....

...Judge John C. Judge did not rule on the motion during the Tuesday hearing. Kohberger is expected to stand trial in October.
 
  • #585
  • #586
  • #587
  • #588
Until he's found guilty, he is the priority. It's his trial. Whether he did it or not is the priority. That doesn't take anything away from the victims.

JMO.
I disagree. Neither the victims nor the person on trial are the priority. The safety of the public takes precedence over both.

He is going to be tried because he is suspected to be a danger to society and if found guilty must be removed in order to cause no more harm. MOO.
 
  • #589
Why is it important what the sequence of steps were when reati ng the DNA profile? They are not even using that same profile now, so what is the relevance?

The protective order is meant to protect the family members uncovered during the genealogy search, so the public does not threaten or harass them. Why should anyone, defense included, need to know who they are?

Who cares about how many tips there were or how long it took to create the family tree? How does that have anything to do with the defendant's Guilt or Innocence?
The sequence of events/timing and how it relates to the investigation is what I believe is important to the defense. JMO

After my initial post on the family tree, @SpiderFalcon mentioned Idaho apellate court direction in these matters, which I have not read through yet. So maybe they are not entitled to the family tree. The DOJ policy is to save the family tree for use in prosecution ie: it must be used and given to the defense in some cases (I know in this case the State has said they won't be using it). Not sure about Idaho law and if the Defense can use it if they have a reason?

The Defense cares about those tips which is why they asked for them in discovery. The D stated that they wanted all the tips in their second motion to compel.


MOO
 
  • #590
seriously, even if they had shown him in a bikini, he's not the priority here, the victims are.
Yes, seriously. And the post wasn't about BK either, it is an example of how the media often purposely attempt to affect perception rather than remaining neutral.

And yes, the defendant is the priority after a crime is committed. With the correct defendant, there can be justice for the victims. Convicting the wrong person makes people feel better, but it isn't justice for anyone.

Lest anyone read the above and decide I am just "defending" BK, I am not. I am defending the process.

edit: wording
 
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  • #591
There seems to be a bar being set that prosecutors need to account for every single second of BKs existence on the night of the murders. And that any unaccounted for second is reasonable doubt. As if inference, experience and common sense [the latter 2 being literal juror instructions] are left at the courtroom door.

It's like Schrödinger's cat...but the cat is not in there.

From the PCA

At approximately 2:53 a.m., a white sedan, which is consistent with the description of the White Elantra known as Suspect Vehicle 1, was observed traveling southeast on Nevada Street in Pullman, WA towards SR 270. SR 270 connects Pullman, Washington to Moscow, Idaho.

If BK turned back around and never got onto the 270 I'm looking forward to the defense team presenting that evidence. And if you've ever looked at a map of the 270. There's really only one place to go. It's a 30 min drive to Moscow through cow land.

And like clockwork...guess which car is seen in Moscow a short time later?

From the PCA

A review of camera footage indicated that a white sedan, hereafter "Suspect Vehicle 1", was observed taveling westbound in the 700 block of Indian Hills Drive in Moscow at 5 approximately 3:26 a.m and westbormd on Styner Avenue at Idaho State Highway 95 in Moscow at approximately 3:28 a.m. On this video, it appeared Suspect Vehicle 1 was not displaying a front license plate.

White Elantra, missing a front license plate, heading towards the 270 in the dead of night. White Elantra, no license plate, bolting from the crime scene and the drivers DNA is on a piece of the murder weapon.

The cat Elantra was seen in Pullman heading towards the 270 and went out of site.....just because we couldn't see it, it doesn't mean it wasn't still on the 270. Prosecutors are not arguing that it magically appeared in Moscow.

Lastly, if merely turning off your phone while committing a crime created reasonable doubt....we'd have a lot of people who did just that out of jail right now.
 
  • #592
Probably, but countless child abuse and false-confession cases have proven that an interrogator can influence testimony with improper questioning. Obviously, this is a greater problem when a child is questioned, but there are plenty of cases of adults--of normal intelligence--being influenced by the way questions are put to them or the length of questioning without a break, etc.

So, I agree: AT is looking to impeach witness statements by critiquing interrogation techniques. But it isn't mere defense trickery (you didn't say it was); it can be a way of correcting improperly skewed testimony.
I think it's also important to remember that there hadn't been a murder in Moscow for years (7?). They hadn't used whatever training that did have for years, if ever, depending on the officers.
 
  • #593
I also noticed in the video of the hearing yesterday the BK's team were smiling and even glowing about something as they entered the courtroom and even after the judge entered and he sat down, they were still smiling. I wonder why?
i think it was a PR exercise, they knew they would be filmed entering so planted smiles on their faces in an attempt to appear cordial and pleasant.
Probably warned the accused to appear sombre, which he did.
 
  • #594
I haven't caught up on the thread since the new motions were released and the hearing, but I am gonna comment that I wonder if Bryan wrote parts of these motions. They seem.....forceful? Maybe that's not the right word. Like a hint of sarcasm throughout.

Also I really really hope LE didn't use unlawful means to find the genetic genealogy match to Bryan like the defense seems to be questioning. I doubt they did, but you never know. Seems like they must have to have a lot more than just the DNA on the knife sheath though, to be going for the death penalty.
Since he is not an attorney or even a law student, I doubt he wrote any of them. However, I too noticed the bite in Mr. Logsdon's words. I'm surprised no one else has mentioned it.
 
  • #595
Yes, seriously. And the post wasn't about BK either, it is an example of how the media often purposely attempt to affect perception rather than remaining neutral.

And yes, the defendant is the priority after a crime is committed. With the correct defendant, there can be justice for the victims. Convicting the wrong person makes people feel better, but it isn't justice for anyone.

Lest anyone read the above and decide I am just "defending" BK, I am not. I am defending the process.

edit: wording
Does the justice process require that you defend it?
 
  • #596
I think it's also important to remember that there hadn't been a murder in Moscow for years (7?). They hadn't used whatever training that did have for years, if ever, depending on the officers.
Massive resources were put into this investigation!

The Moscow Police Department is leading the investigation with assistance from the Idaho State Police, the Latah County Sheriff's Office and the FBI, which has assigned more than 40 agents to the case across the US.

 
  • #597
Per MSM reports and the PCA, they changed the date of the Elantra AFTER BK was on their radar. They initially put out a call for the Elantra just to local authorities and then were tipped off by WSU parking attendant about BK on November 29th. By early December, they were still looking for 2011- 2013 (see below). So it was sometime after early December that they changed the dates of the Elantra, and BK's name was known to them at that time.
I'm sure that's why the defense wants all the notes because that's not the way the timeline is written in the PCA. Again, I don't know when they had a name so I can't say for sure that they didn't have the car BK drove before examining the footage and reporting on the make and model. I honestly doubt that's what happened, but it's possible. It really kind of defies common sense, though, when you think about it logically. They find out BK drives a white Elantra and they start scouring the footage and there's a white Elantra in the right place and time. What are the odds?

When I read the PCA it seems that they pretty immediately pulled the camera footage. There was a white sedan traveling in the area without a front license plate. If they can show that they had that information before they had BKs name, that's very damning evidence. Very few cars are going to be lacking that front license plate. His is one of them and it's the right color. If I was a jury member, that would be very convincing to me it was BKs car--as long as they didn't have his name when they wrote that in their investigation.

According to the PCA they then provided this video to the FBI, who believed it was a 2011-2013 Elantra. They then provided the video of the car pulled from the WSU cameras and the examiner revised the assessment to say that it was a 2014-2016 Elantra. The examiner will have to explain that revision and if it's because the footage from WSU was better quality or had better angles, that would make sense to me as a juror and I wouldn't find their testimony or expertise not credible because of it.

Now, do we know if they had a name before this revision, no. If they did, the defense should be given that information so they can impeach the credibility of the examiner.

The PCA then says they asked local enforcement agencies to look for the Elantra on 25 November. The PCA doesn't specify which years, but the PCA is generally going in chronological order so it seems to me that they'd already identified 2014-2016 by the 25th. Why they released the earlier years to the public later on, I don't know, but I believe based on the PCA they already knew the correct years by the 25th.

Where the idea of a Sentra comes from, I don't know. Sentra sounds a lot like Elantra so it really could be just a case of mishearing or misreading.
 
  • #598
I think it's also important to remember that there hadn't been a murder in Moscow for years (7?). They hadn't used whatever training that did have for years, if ever, depending on the officers.
I think it is important to remember that multiple law enforcement agencies investigated the Idaho murders including the FBI, State police and Sheriff.

JMO
 
  • #599
Massive resources were put into this investigation!

The Moscow Police Department is leading the investigation with assistance from the Idaho State Police, the Latah County Sheriff's Office and the FBI, which has assigned more than 40 agents to the case across the US.

Indeed! Just as there were multiple agencies assisting in the Mollie Tibbetts investigation. Very impressive!

JMO
 
  • #600
I also noticed in the video of the hearing yesterday the BK's team were smiling and even glowing about something as they entered the courtroom and even after the judge entered and he sat down, they were still smiling. I wonder why?
The GJ proceedings stipulation?
It was posted with a 6/27 date on the summary page today.
MOO
 
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