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

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  • #661
At 2:05 p.m. PT, we are back in the courtroom for the #BryanKohberger #Idaho4 hearing in #Moscow. The defense calls Gabriella Vargas to the stand as the next expert witness for the defense about #DNA.

She identified herself as a Central California-based invesitgative genetic genealogist.

 
  • #662
  • #663
They concern me too. It makes me uncomfortable at how easily folks dismiss these three unidentified DNA samples. LE might have a very simple explanation as to why they were not processed, and the samples might be wholly unrelated to the murders, but we know absolutely nothing about them at this point to make those assumptions. Jmo.
I agree. This needs to be answered for.
 
  • #664
Interesting publication funded by the Bureau of Justice Assistance under the DOJ on the need to triage forensic evidence testing. You can download the article at the 2nd link, which is the actual publisher.


BBM

"The pressure for testing continues to grow without a commensurate increase in laboratory capacity. The limited staffing and resources of most public forensic crime laboratories impede a laboratory’s ability to keep pace with advances in testing methods or the quantity of requests. As a result, many crime laboratories report a backlog and lengthy wait times for testing and results. It is critical for prosecutors, police and forensic laboratories work together to ensure that the limited resources are used judiciously."

They go on to talk about how backlogs from over testing inhibit a lab's ability to quickly work on active investigations, especially since labs are working on multiple cases at a time. They discuss who this impacts public safety.

Pg 16 & 17 describe how to develop triage procedure and what it needs to consider and who should be making the decisions.

They describe an example of the San Diego DA's office procedures: "In homicides and serious violent crimes, the assigned detective makes a list of what to test. After initial review of the evidence and some testing, laboratory personnel, the assigned prosecutor, and the detective are encouraged to meet and to determine what else should be tested."
 
  • #665
  • #666
  • #667
She then moved to the DNA Doe Project which takes on adult criminal cases by helping law enforcement identify unknown remains. She worked with the Project for about two years.

Vargas trained new recruits & volunteers, checked their work, made sure documentation was clear & accurate and made sure that the genetic genealogy match was properly situated on a family tree. Vargas says she has worked around 25-30 genetic genealogy cases for law enforcement.

 
  • #668
 
  • #669
  • #670
I’m not sure if they did test it, but I’m looking forwarding to listening to the videos later today.

From this reporter’s tweet, it sounds like the State said they tuned over all that they have regarding this. Defense previously said in the Motions that they dont have any reports or info about these 3 unidentified male dna.

If their State says they gave all that they had already, and defense says they don’t have any reports, then maybe it hasn’t been tested?

IMOO I don’t think the State would say they handed it all over IF they had any reports from any testing of these 3. I also don’t believe the Defense would claim they didn’t have it, IF the State had already turned it over. Personally, until I can hear more, I’m leaning towards that these may not have been tested. The State saying some of it is “not relevant” but yet “we handed everything we had over” makes me think even more that it may not have been tested yet. The reason for that, IF that was the case, I truly don’t know (yet).

If it wasn't tested, how does the Defense know there's DNA? There's only one way the Defense can claim there are three "unknown" samples of DNA: the lab found three unknown DNA samples. There's no way to know there are three DNA samples unless the samples were tested (they could be anything).

I think the jury will be smart enough to handle this if in fact the Judge says, "Hey, go ahead, mention the 3 unknown males." Then of course, there will be witnesses mentioning that many, many people had been in the house - but only ONE left his DNA on the covering of the murder weapon - and not only that, right inside the death scene. Near the bottom of a victim. And that same person (with a certain shoe size and certain toe lengths) stepped in victim blood and walked through the house. But no one can claim there are "three unknown males" sampled if the tests weren't already done. IOW, the State has a print-out of ACTG's (BILLIONS of letters per sample) which does not match anyone known to have been in 1122 King Road recently.

It's not just the DNA that points to Kohberger. However, it does seem to me that Kohberger must explain how his DNA got on the sheath. If, for example, somebody stole his sheath, it would have been wise for him to convey that information (through an attorney if necessary) to the investigation. And truly, if someone stole his phone and his car and drove them twice to Moscow and then southward and then back to Pullman, he could explain that he wasn't in it - but INSTEAD he says "Yep, I was out driving."

IMO. I also believe that LE had narrowed down the car make and model sufficiently to know that not everyone in the region had come forward and said, "Yeah, I drive a car like that, and I was out driving that night, but I did not do it."

IMO.
 
  • #671
The courtroom is not at capacity, but it is more filled than previous hearings. The Goncalves family is in attendance alongside their attorney. Steve Goncalves told@BanfieldonNN last night that he wants to monitor the hearing closely to make sure justice is served.

NOW: #BryanKohberger and his defense team have entered the courtroom. Bryan is wearing a grey suit with a blue and gold striped tie. He entered the room calmly and did not appear to have much of an expression on his face. The judge has now taken his seat at the bench.

We are now on the record. Several motions are set for today. State's motions: protective order (investigative genetic genealogy DNA issue) which is related to defense's motion to compel. Also motion to reconsider speedy trial, motion to stay proceedings alleging irregularities in grand jury indictment, motion to compel defense of alibi, motion for scheduling order.

Oh nice, another new suit and tie for BK. Well, at least he's getting a decent wardrobe out of this.
 
  • #672
No.

A Courtroom Decorum Motion will be filed and no t-shirts of this type will be allowed.

2 Cents
Screenshot 2023-08-18 at 3.22.50 PM.png
From ChanleyCourtTV

Do you mean this t-shirt. This family has been through so much. I believe Judge JJ let her wear it.
Justice for Kaylee, Idaho House Bill 186, amends existing law to provide for execution by firing squad, "shots fired."

I deeply admire the families of Kaylee, Maddie, Xana, and Ethan.
As far as I can tell they are doing the best they can moment to moment. That t-shirt was for BK's benefit.

Strength and courage to all the families.
edit: Agree, the D will prob file a motion about it.

JMO
 
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  • #673
Running CSI does not test every inch of a house, they only look at the crime scene. We watched where they tested via photos and video taken at the house and it was in the rooms where the crimes were committed, and along the path between those rooms and out the back door and all around the outside of the house. And there were items collected outside. I'm sitting here thinking what if one of the unknown DNA samples came from the handprint that was on the sliding glass door? What if it was on MM's bedroom doorknob? One of the unknown samples came from a glove found outside. It was a cool night in Moscow on the night of the murders, not really quite cold enough to require gloves. You can tell by watching the food truck video - no one is wearing gloves although some have hands in pockets. Would you still think it was irrelevant? I wouldn't. To rule in and rule out evidence, you need to test it and figure out if it is a part of the crime or not. There must be some kind of result of the testing. We know it was male DNA and hopefully they ran it through CODIS - there should be a result for that as well but the defense doesn't have it and the prosecutor says he doesn't have it. Apparently they didn't do GG on it as there is no result, not even a result saying they couldn't identify any family related to the 3 unknown male DNA samples. So now we have 3 potential SODDI's in this case which the defense is guaranteed to exploit to the fullest extent possible.

I did NOT say they test every inch of a house. I pointed out that they may initially test areas that look like they are relevant that then within a few more days of investigation are shown to not be relevant, and the evidence that was collected there is placed low on the priority list.

Your examples do NOT match what I put forth as criteria. Of course 1) MM's doorknob would be highly relevant, of course 2) a palm print on the sliding glass door would be relevant, of course 3) a glove outside would be relevant....because they are directly related to an immediate means of access to a victim, are directly related to what is likely what they have found to be the exit/entrance point, and 3) could clearly be discarded by the killer as they escape. But in my example, if after a few days of investigation they feel very confident that the point of entry/exit was the kitchen sliding glass door, then DNA found on the inside window sill of the kitchen window goes way down the list for being relevant. But clearly they had to test the kitchen window inside and outside in the very first few days (and there are photos of this) because at that time THEY DID NOT KNOW or HAVE STRONG THEORY/OTHER EVIDENCE that would identify the exit/entrance points. Once things started falling into place, then they start discounting areas by process of elimination.
 
  • #674
Judge has taken his post. #BryanKohberger has also taken his seat. Kohberger offers a very faint smile, maybe more of an acknowledgement, to his defense attorney when he enters. The defense calls its next witness, Gabriella Vargas, to the stand.

Vargas is from California and is an investigative genetic genealogist.

Vargas is detailing her experience with investigative genetic genealogy, including her own self-taught education on the subject and personal mission to find her biological father which began in 2018.

Vargas worked for Identifiers International, handling murder suspect cases and other violent crimes. She helped law enforcement identify unknown assailants.

She then moved to the DNA Doe Project which takes on adult criminal cases by helping law enforcement identify unknown remains. She worked with the Project for about two years.

She then moved to the DNA Doe Project which takes on adult criminal cases by helping law enforcement identify unknown remains. She worked with the Project for about two years.

Vargas trained new recruits & volunteers, checked their work, made sure documentation was clear & accurate and made sure that the genetic genealogy match was properly situated on a family tree. Vargas says she has worked around 25-30 genetic genealogy cases for law enforcement.

Vargas has never testified in court before & says she was asked if she would testify on behalf of the defense today. Typically law enforcement contacts her directly when they are unable to solve a case. Vargas then evaluates the type of case and if there is viable DNA to use. Vargas will then have the DNA sample shipped to her and to a third-party forensic lab. Vargas will then take over the case until she has provided the investigative lead back to the agency. She shares update on quality checks, sequencing, uploads, processing. Vargas: "The case is mine. It is in my control until I'm done."

Vargas is detailing the painstaking process of her investigative technique and says one case has taken her 14 months to solve.

 
  • #675
I was a little annoyed that the camera stayed on him for half the time the P was objecting to the upcoming witness testimony - so had to look at him instead of the person speaking. Hope they stop the hyper -focussing. Moo
Agree, if they don't stop hyper focusing on BK, the Judge might pull the camera out of there.
 
  • #676
If it wasn't tested, how does the Defense know there's DNA? There's only one way the Defense can claim there are three "unknown" samples of DNA: the lab found three unknown DNA samples. There's no way to know there are three DNA samples unless the samples were tested (they could be anything).

I think the jury will be smart enough to handle this if in fact the Judge says, "Hey, go ahead, mention the 3 unknown males." Then of course, there will be witnesses mentioning that many, many people had been in the house - but only ONE left his DNA on the covering of the murder weapon - and not only that, right inside the death scene. Near the bottom of a victim. And that same person (with a certain shoe size and certain toe lengths) stepped in victim blood and walked through the house. But no one can claim there are "three unknown males" sampled if the tests weren't already done. IOW, the State has a print-out of ACTG's (BILLIONS of letters per sample) which does not match anyone known to have been in 1122 King Road recently.

It's not just the DNA that points to Kohberger. However, it does seem to me that Kohberger must explain how his DNA got on the sheath. If, for example, somebody stole his sheath, it would have been wise for him to convey that information (through an attorney if necessary) to the investigation. And truly, if someone stole his phone and his car and drove them twice to Moscow and then southward and then back to Pullman, he could explain that he wasn't in it - but INSTEAD he says "Yep, I was out driving."

IMO. I also believe that LE had narrowed down the car make and model sufficiently to know that not everyone in the region had come forward and said, "Yeah, I drive a car like that, and I was out driving that night, but I did not do it."

IMO.
There has been no report of the results given to the defense. It sounds like they know it is DNA but may not have run it against CODIS and definitely did not run GG on it because if they did, there should be a report of the results, even if the results were they couldn't match it to anyone. All the DNA that CSI collected should have been tested the same way unless it was too partial to test at all. But if that were the case, there should be a report stating those results. But there isn't. This needs to be explained big time. A jury is not going to like it if it turns out it could have been tested and wasn't.
 
  • #677
He has a creepy smile looking at his attorney.
 
  • #678
Vargas says she "struggles with this." It is clearly an ethical dilemma for her. On one hand, using these techniques is a term violation, but on the other hand, it can get you results easier and quicker. Vargas has been excused from the stand.

Vargas is detailing workarounds/loopholes that exist within the various genetic genealogy databases. Ways that you can see names that you shouldn't, evade agency restrictions, see things only law enforcement should have access to etc.

 
  • #679
View attachment 441756
From ChanleyCourtTV

Do you mean this t-shirt. This family has been through so much. I believe Judge JJ let her wear it.
Justice for Kaylee, Idaho House Bill 186, amends existing law to provide for execution by firing squad, "shots fired."

I deeply admire the families of Kaylee, Maddie, Xana, and Ethan.
As far as I can tell they are doing the best they can moment to moment. That t-shirt was for BK's benefit.

Strength and courage to all the families.
edit: Agree, the D will prob file a motion about it.

JMO
Inappropriate in front of a jury, won't be allowed in a Decorum Order. 2 Cents
 
  • #680
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