4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #87

[arielilane]

Judge: "Keep the lines of communication open, be respectful to each other and maybe some of this can be ironed out a bit sooner."

https://twitter.com/x/status/1692686000093577511

 

[Sincerely]

If the dad doesn’t have a problem with them matching him as being a family match of person’s DNA, would that make a difference? Just curious.

 

[Cindizzi]

https://x.com/angenette5/status/1692685722682060896?s=61&t=Vp-AZ81ShrhzLNqqCFHAgA

 

[arielilane]

It's really, really fast for a case such as this one. Anne Taylor wrote in a reply a couple of weeks ago that this is Bryan Kohberger's decision about speedy trial and it's his decision to make.

https://twitter.com/x/status/1692685722682060896

 

[arielilane]

https://x.com/angenette5/status/1692685722682060896?s=61&t=Vp-AZ81ShrhzLNqqCFHAgA

View attachment 441792

I guess I owe you a coffee or whatever your preferred drink is?

 

[arielilane]

And with that, court is adjourned! I'll be live one more time tonight on Banfield. See you then!

https://twitter.com/x/status/1692688078870307098

 

[arielilane]

Defense calls its final witness, Bicka Barlow. Barlow is from San Francisco and works as an attorney and consultant. She has a bachelors and masters degree in genetics. Later she went to law school.

Barlow is helping consult the defense on discovery in this case, helping the defense understand what it has and what it doesn't have. She says she has identified areas where discovery is missing.

Now talking DNA profiles, an aspect Barlow believes is missing. In the #BryanKohberger case, there are three other unidentified male profiles that are missing from the defense's files. Barlow says she doesn't know if those profiles were uploaded to the proper genetic database.

Thompson interjects and says the three unidentified male samples were not qualified to be uploaded to the database. Defense says that's the first time she's hearing this. Thompson does not seem pleased and says that's a mischaracterization.

Witness excused. Judge trying to clarify what evidence the defense has and what it does not. Defense says it has some emails, but not all emails and attachments. Solution? Defense wants judge to order that it goes to defense. Judge wonders aloud if it actually does exist.

Defense says it brought these four witnesses in today to prove to the judge that there is so much more out there when it comes to genetic genealogy that the defense does not have. Defense says it is having to fight so hard for everything and feels suspicious.

Defense says it cannot articulate to the judge how the prosecution got to naming its client as the suspect because they don't have all the information out there.

State's counterargument: "This information is not in the possession or control of the prosecuting attorney," and therefore cannot provide what it doesn't have. Says it's possible the FBI has it. But the State does not. State says FBI told them these things exist, but the state does not have it. The state says it is also trying to protect the innocent civilians that are also listed within the comprehensive database. "Why take that risk for something that is not relevant to the trial?”

State is arguing that there is nothing scientific about IGG. Says it's about putting DNA into a database and letting a computer do the work. Judge is questioning that logic. Says Witness Vargas does not have a scientific background. Lab analysis, yes. IGG, no.

The point being that the State feels it doesn't have to provide the information related to IGG, only to lab analysis, which it claims to have done.

Witness Vargas is listening intently to the State make its case (and argue against the merit of much of her testimony today). I watched as she wrote a note on a legal pad, ripped it out, folded it up and passed it to Anne Taylor. #BryanKohberger leans over to read the message.

Prosecution: "The mere possibility that the FBI... violated the terms of service shouldn't be enough to force disclosure of the information or else you will run into the issue of having to show the entire investigation every time.”

Judge says because this is a death penalty case, he doesn't want to make it through the full trial only to hear during an appeal process that the defense did not have documents that they should have had, in which case everyone will be accused of being "bad lawyers.”

Judge says he will not make a decision about the DNA testing today. I assume that means he will do what he has done in the past, which is issue a written decision later after reviewing both arguments in private. He looks at the clock and says it is way past the time he thought they would adjourn today. We are now going into a 10 minute recess until more motions are heard. Court will resume 4pmPT.

https://twitter.com/alcaprari23

Continued after 4 pm PT recess.

It seems as if the pool photographer just got a firm scolding from the bailiff. At the last hearing, the judge instructed the pool to shoot the courtroom wide and not focus on #BryanKohberger. It's possible this is a different photographer than last time.

We are back on the record. Judge says he is hearing about false reporting out there about a motion to dismiss indictment. Those are different decisions from different judges in Idaho. Judge to media: "Be careful that you know what you are talking about before you send it out.”

We are now hearing other motions, including the motion to stay proceedings. Defense is going through the "irregularities" that happened in the grand jury indictment process, which they say violated Idaho code.

We are now hearing other motions, including the motion to stay proceedings. Defense is going through the "irregularities" that happened in the grand jury indictment process, which they say violated Idaho code.

Anne Taylor: "The court should stay the proceedings and allow an evidentiary hearing to investigate what impact that had on the grand jury indictment.”


State counterargument: There are allegations stated by the defense that don't relate to the statute [which governs Grand Jury selection]. State says the questionnaire shouldn't include the information that the defense claims it should have.

State asks court to deny the motion to stay the proceedings. Defense argues there were only 32 people called for grand jury when there should have been 45. Says there were items that were wrong on the questionnaires that were not done correctly. Defense again asks for a stay.

BREAKING: Judge says he has studied the case law prior to today's hearing. He says the affidavit was "vague." Based on what has been presented, he does not believe there was a substantial failure in the grand jury indictment. Judge has denied the request to stay the proceedings.

Judge: "As far as I'm concerned, we are starting the trial on October 2nd." Jury selection will begin a week before. About 1,000 potential jurors will be brought in.

We are now beginning to hear arguments about #BryanKohberger's alibi: That he was out driving around the night of the murders. State says it will accept the alibi that he was driving around, but he should specify where exactly if he is not going to call anyone else to verify it.

The defense says it has provided what it can provide to the prosecutor and more. Taylor says Kohberger doesn't have to testify if he doesn't want to at trial. More information about the alibi may come from expert witnesses, but she says she won't go into it more today.

Thompson doesn't like that answer. He is getting heated and says that logic shouldn't be allowed based on the way the statute is written. Says Kohberger should be allowed to testify about his alibi, but no third party witnesses should be allowed to weigh in.

Judge says that if Taylor plans to present witnesses to testify about his alibi, then she needs to share who with the prosecution before more time passes. That aligns with the state's point, that time is running out and they don't want to be ambushed when the trial begins.

Judge now discussing deadlines. We are now six weeks away from trial.
Deadlines for completion of discovery: Sept. 1
Deadline for expert disclosures: Sept. 8 If there is an actual alibi, required by Sept. 8
Deadline for pretrial motions including those related to death penalty: Sept. 8
Deadline for responses to motions: Sept. 15
Deadline for proposed jury questionnaires: Sept. 18
Deadline for proposed witnesses under rules 16b6 and c3: Sept 15
Deadline for rule 404b notices: Sept. 15
Court will hear all the motions: Sept. 22 at 10amPT
Jury Selection: Sept. 25, 26 & 27 (possibly more)
Final Pretrial conference: Sept. 29 at 10amPT
Trial: Oct. 2 beginning at 8:30amPT through Nov. 17

It is wild to think that this trial could begin on Oct. 2. Every single legal expert I've spoken to say they don't think it will begin then. But the way both sides + the judge are talking right now, it really seems as if they are adamant of getting this going on time.

The court is trying to schedule a day to discuss a motion to dismiss indictment. The defense hopes to propose it sooner rather than later, but the judge says he is very busy trying to clear his schedule before Oct. 2. The state is arguing that it needs time to go through the motion and build their arguments against it once it is filed. They say they need at least seven days. The motion to dismiss indictment has been scheduled for 1pmPT on Sept. 1.

Judge: "Keep the lines of communication open, be respectful to each other and maybe some of this can be ironed out a bit sooner."

And with that, court is adjourned! I'll be live one more time tonight on Banfield. See you then!

https://twitter.com/alcaprari23

 

[justtrish]

The only thing that matters is the dna on the sheath. You could swab that house and find dozens of male samples, we know this from all the cases we’ve followed.

Just wait until the car results come back. We already know he’s a sick creep from his behavior at his school, but this will confirm just how evil he is.

He bought the exact knife. It is indisputable that he has an issue with women.

His phone shows him being somewhere where he had no business being, including the morning of the killings.

Dumping trash in the neighbor’s yard. Wearing latex gloves.

I’m stunned that anyone thinks this is remotely complicated.

I always appreciate how well you state things. It's really simple. We (general we) try to complicate things. Defense attorneys are paid to complicate and confuse things, but that doesn't mean there is any merit to the things they come up with.

 

[Rumination1]

JMO but I think BK planted these other three pieces of male DNA as red herrings and to create doubt . His DNA on the sheath he didn’t think would be run through IGG

He’s a smart arse who thought he could cover everything in plastic , be cocky n say he was driving and throw red herrings

 

[maconrich]

♥ Thank you once again to @Cindizzi @arielilane and others who provided content and links! You are greatly appreciated! ♥

 

[katydid23]

The court is trying to schedule a day to discuss a motion to dismiss indictment. The defense hopes to propose it sooner rather than later, but the judge says he is very busy trying to clear his schedule before Oct. 2. The state is arguing that it needs time to go through the motion and build their arguments against it once it is filed. They say they need at least seven days. The motion to dismiss indictment has been scheduled for 1pmPT on Sept. 1.


It is wild to think that this trial could begin on Oct. 2. Every single legal expert I've spoken to say they don't think it will begin then. But the way both sides + the judge are talking right now, it really seems as if they are adamant of getting this going on time.

https://twitter.com/x/status/1692685178442031585

Sounds like the defense is desperately relying upon that motion to dismiss the indictment. But I don't think the judge is going to dismiss. He already just said that he didn't find any irregularities in the Grand Jury proceedings.

So what are they basing this motion to dismiss on ?

The judge sounds pretty focused upon the October 2nd trial date. He doesn't seem to be planning to dismiss the indictment, IMO. AT better not put all her eggs in that basket. If she spends the next 12 days getting her presentation together for Sept 1st, and her motion is denied, yikes.

That leaves her just 30 days until start of the trial. Pressure is on.

 

[jepop]

Judge now discussing deadlines. We are now six weeks away from trial.
Deadlines for completion of discovery: Sept. 1
Deadline for expert disclosures: Sept. 8 If there is an actual alibi, required by Sept. 8
Deadline for pretrial motions including those related to death penalty: Sept. 8
Deadline for responses to motions: Sept. 15
Deadline for proposed jury questionnaires: Sept. 18
Deadline for proposed witnesses under rules 16b6 and c3: Sept 15
Deadline for rule 404b notices: Sept. 15
Court will hear all the motions: Sept. 22 at 10amPT
Jury Selection: Sept. 25, 26 & 27 (possibly more)
Final Pretrial conference: Sept. 29 at 10amPT
Trial: Oct. 2 beginning at 8:30amPT through Nov. 17

https://twitter.com/x/status/1692684408145551724

And when does the P get to cross examine the D's witnesses before Judge makes decision on Protective Order and 3rd Motion to Compel?

 

[maskedwoman]

The Defense is trying to poke holes in the legitimacy of genealogy, calling the process “brand new” and suggesting it is subject to mistakes. The Defense is also adamant that they don’t have all the emails regarding the DNA evidence obtained by ISP and the FBI.

https://twitter.com/JordanSmithKXLY

That makes me mad. Her own witness said she'd been doing IGG since 2014. That ain't new.

 

[Cindizzi]

https://x.com/jordansmithkxly/status/1692684077151993988?s=61&t=Vp-AZ81ShrhzLNqqCFHAgA

 

[10ofRods]

Very cool that we got that calendar. All pre-trial motions due by September 8. Some of those could end up inching into the trial time - but I assume JJJ is going to manage that by juggling. He'll clear his schedule for the motions in September and then proceed with jury selection (I wonder how long he thinks that will take? 4-5 days? Maybe less? and then finish up the pre-trial motions).

Certainly not the planning of a judge who is about to dismiss a case. My prediction is that he will write his responses over the weekend and basically just say "Nopity nope" to the dismissal motion and likely not give his reasoning (he doesn't have to).

IMO.

 

[Pitsleuth]

And that worked out so well for him, didn't it? Bundy is a perfect example of why you don't talk to LE if you are a suspect or have been arrested.

Um. Things did not work out for Ted Bundy because he killed dozens of women. Not because he spoke to LE.

 

[Boxer]

JMO but I think BK planted these other three pieces of male DNA as red herrings and to create doubt . His DNA on the sheath he didn’t think would be run through IGG

He’s a smart arse who thought he could cover everything in plastic , be cocky n say he was driving and throw red herrings

MOO I think that they had a lot of parties.
They weren't even home at all times during parties. There was likely the DNA present equivalent to a public bus.
But there was only one knife sheath, a singular object, made to hold a weapon that kills quietly and instantly.

 

[10ofRods]

If the dad doesn’t have a problem with them matching him as being a family match of person’s DNA, would that make a difference? Just curious.

Not sure the dad can raise an objection, as his DNA was found in trash. Trash has been ruled as searchable by higher courts. You don't get a say in what happens to the DNA you leave behind in the trash, in restaurants, in workplaces, the outside of your car, etc.

They can't come inside your house to get your DNA (or falsely arrest you just to get your DNA). But Dad cannot raise an objection over the taking of his DNA from the trash - he never sent anything to Othram that we know of, it was a more distant relative (and that person's identity, in my view, should remain protected).

IMO.

 

[Jurisprudence]

I tried to watch some of the replay. The audio was bad for me without anyone miked. What was the bottom line at the end of the day? I am guess Judge Judge did not issue a ruling and instead is taking it under advisement and will issue written orders in the coming days?

 

[Balthazar]

The glove was found near the blue trashcan days after the murders. There were pictures of the trashcans the day of the murders and it was not there. It was discovered the next day or so IIRC.

MOO

There may have been another glove, not just that one.