4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #95

[CKS]

Misinformation in my opinion. BK has no Idaho statue of law Alibi and Thompson himself says this.

The PCA is very clear that the Warrant for murder and Burglary is not due to any DNA.

He will be found guilty. There is so much evidence against him that AT wanted help with all the evidence.

This is what I see from following this case for months.

2 Cents

What in your opinion is the evidence proving beyond a reasonable doubt he is guilty? From what I can tell the only thing that even remotely links him to any of this is the touch DNA on the sheath and possibly the fact that the defense seems to for some reason believe that BF has exculpatory evidence to prove he didn't do it.

By the way we don't even know for sure if a k-bar was the weapon used for sure. Just more reasonable doubt imo.


There literally is no other evidence in my opinion that links him to this crime.

Again, I'm not saying BK is innocent. I just don't see all this evidence you suggest that is against him.

MOO

 

[Cool Cats]

Except they actually are withholding evidence in this case. In regards to the cell phone data as well as their DNA work just to name a couple.

MOO

No. The defense - as @Betty P has said - always says this.

The Supreme Court does not allow ANY exculpatory evidence to be withheld. Ever. Prosecution Exculpatory Evidence was withheld in the Alec Baldwin case and the judge threw out his case...cannot be refiled.

To say the prosecution in the BK case is deliberately withholding evidence is ludicrous. The prosecution would never jeopardize their case like this.

2 Cents

 

[Nila Aella]

Misinformation in my opinion. BK has no Idaho statue of law Alibi and Thompson himself says this.

The PCA is very clear that the Warrant for murder and Burglary is not due to any DNA.

He will be found guilty. There is so much evidence against him that AT wanted help with all the evidence.

This is what I see from following this case for months.

2 Cents

BT did argue this back in Spring.
The Judge heard/read his argument.
JMO

TITLE 19
CRIMINAL PROCEDURE
CHAPTER 5
COMPLAINT AND WARRANT OF ARREST
19-519. Notice of defense of alibi. (1) At any time after arraignment before a magistrate upon a complaint and upon written demand of the prosecuting attorney, the defendant shall serve, within ten (10) days or at such different time as the court may direct, upon the prosecuting attorney, a written notice of his intention to offer a defense of alibi. Such notice by the defendant shall state the specific place or places at which the defendant claims to have been at the time of the alleged offense and the names and addresses of the witnesses upon whom he intends to rely to establish such alibi.
(2) Within ten (10) days after receipt of the defendant’s notice of alibi but in no event less than ten (10) days before trial, unless the court otherwise directs, the prosecuting attorney shall serve upon the defendant or his attorney a written notice stating the names and addresses of the witnesses upon whom the prosecution intends to rely to establish the defendant’s presence at the scene of the alleged offense and any other witnesses to be relied on to rebut testimony of any of the defendant’s alibi witnesses.
(3) If prior to or during trial a party learns of an additional witness whose identity, if known, should have been included in the information furnished under subsection (1) or subsection (2) of this section, the party shall promptly notify the other party or his attorney of the existence and identity of such additional witness.
(4) Upon the failure of either party to comply with the requirements of this section, the court may exclude the testimony of any undisclosed witness offered by such party as to the defendant’s absence from or presence at, the scene of the alleged offense. This section shall not limit the right of the defendant to testify in his own behalf.
(5) For good cause shown the court may grant an exception to any of the requirements of subsections (1) through (4) of this section.
History:
[19-519, added 1978, ch. 301, sec. 1, p. 758.]

BBM
JMO

No. The defense - as @Betty P has said - always says this.

The Supreme Court does not allow ANY exculpatory evidence to be withheld. Ever. Prosecution Exculpatory Evidence was withheld in the Alec Baldwin case and the judge threw out his case...cannot be refiled.

To say the prosecution in the BK case is deliberately withholding evidence is ludicrous. The prosecution would never jeopardize their case like this.

2 Cents

The D are not always wrong.
As you mention, exculpatory evidence was withheld in the recent AB case. It happens.
JMO

 

[arielilane]

Posting these for information purposes only. They are not meant to offend. Will be part of discussion during tomorrow's hearing, no doubt. moo


@BrianEntin

On my way to Idaho for the Bryan Kohberger hearing on Thursday.His defense wants the trial moved to Boise -- and claims potential jurors in Moscow could have a "mob mentality" against Kohberger.

https://twitter.com/x/status/1828521114999681040

@JordanSmithKXLY

Here is some more background ahead of tomorrow’s hearing:'They'd burn the courthouse down'; Kohberger defense team says surveys indicate 'mob mentality' in Moscow

https://twitter.com/x/status/1828894068207956086

 

[Cool Cats]

BT did argue this back in Spring.
The Judge heard/read his argument.
JMO

TITLE 19
CRIMINAL PROCEDURE
CHAPTER 5
COMPLAINT AND WARRANT OF ARREST
19-519. Notice of defense of alibi. (1) At any time after arraignment before a magistrate upon a complaint and upon written demand of the prosecuting attorney, the defendant shall serve, within ten (10) days or at such different time as the court may direct, upon the prosecuting attorney, a written notice of his intention to offer a defense of alibi. Such notice by the defendant shall state the specific place or places at which the defendant claims to have been at the time of the alleged offense and the names and addresses of the witnesses upon whom he intends to rely to establish such alibi.
(2) Within ten (10) days after receipt of the defendant’s notice of alibi but in no event less than ten (10) days before trial, unless the court otherwise directs, the prosecuting attorney shall serve upon the defendant or his attorney a written notice stating the names and addresses of the witnesses upon whom the prosecution intends to rely to establish the defendant’s presence at the scene of the alleged offense and any other witnesses to be relied on to rebut testimony of any of the defendant’s alibi witnesses.
(3) If prior to or during trial a party learns of an additional witness whose identity, if known, should have been included in the information furnished under subsection (1) or subsection (2) of this section, the party shall promptly notify the other party or his attorney of the existence and identity of such additional witness.
(4) Upon the failure of either party to comply with the requirements of this section, the court may exclude the testimony of any undisclosed witness offered by such party as to the defendant’s absence from or presence at, the scene of the alleged offense. This section shall not limit the right of the defendant to testify in his own behalf.
(5) For good cause shown the court may grant an exception to any of the requirements of subsections (1) through (4) of this section.
History:
[19-519, added 1978, ch. 301, sec. 1, p. 758.]

BBM
JMO

The D are not always wrong.
As you mention, exculpatory evidence was withheld in the recent AB case. It happens.
JMO

Nope. BK has no Alibi you can link. Zero.

If you can link that yes for 100% for sure the defense says he has an Alibi that meets the Idaho statue then please link.

Look. Let me make this crystal clear. If BK has an Alibi then I will entertain the possibility he has been sitting in jail 30 months or whatever for nothing.

But understand this. I have never seen an innocent defendant NOT try to get bail/bond.

Why on earth would an innocent person not demand a Bond Hearing? I have never heard of this.

2 Cents

 

[Betty P]

I agree with you and SR has stated that it is indeed missing. The question is why won't LE turn over the data?

Cellphone expert testifies missing data benefits University of Idaho murder suspect

He further testified that it's crucial that he receive all of the AT&T source data and related information for him to verify, given that prosecutors in Latah County are pinning Kohberger to the location of the killings, in part, by his cellphone use and cell tower records.

"It is a terrible practice to justify probable cause with these very detailed call detail records that give breadcrumb-like trails for individuals and then not map it," Ray said.

"Because of the piecemealing of the data, because of the missing data, because of the data I'm reviewing that is incredibly inaccurate, everything that is missing is absolutely in benefit of the defense right now," Ray testified, adding, "There are other reports that are missing that I can't tell you are benefiting of Mr. Kohberger or the state."

He added that it's unclear why certain data is unavailable: "Is this human error? Is it accidental? Is it intentional?"

Sometimes its just games D and P play with each other in the pre-trial phase. Sometimes there are legitimate reasons, sometimes not.

Maybe P is still recovering and analyzing new data/video, etc. or analyzing a different way and they're not finished yet. Maybe they've decided to add a new expert or two to analyze evidence and aren't ready. In this case they may be dragging their feet to make D give them the alibi evidence, while D is withholding the alibi evidence because they want to see what else the P has.

When the deadlines come, when it gets down to the trial, both sides will have met their obligations and will have enough time to analyze the discovery.

 

[gremlin444]

Except they actually are withholding evidence in this case. In regards to the cell phone data as well as their DNA work just to name a couple.

MOO

What are you saying that they are holding back on DNA information at this point?

Judge Judge already went through all the IGG stuff and determined what was appropriate to be turned over back in January.

Judge orders more DNA disclosure in University of Idaho murder case

MOSCOW, Idaho - Prosecutors in the Bryan Kohberger quadruple murder case will have to hand over more information about the genealogy methods used to identify him as a suspect in

www.kxly.com

He then proceeded to authorize/expand which experts on the defense side could look at the information in June.

https://www.idahostatesman.com/news/local/crime/article289276575.html

I do not remember hearing or seeing anything in the last few months that indicated that the defense team felt like they hadn't gotten all the DNA info that Judge Judge allowed the to receive.

 

[Nila Aella]

Re: June Motion to compel hearing orders:

Part of the 5th Motion to Compel hearing regarding IGG was sealed.

https://s3.us-west-2.amazonaws.com/isc.coi/CR29-22-2805/2024/051424-Order-Vacating-ReScheduling.pdf

The order from the open part of the hearing is public: investigators to review IGG materials.

https://s3.us-west-2.amazonaws.com/isc.coi/CR29-22-2805/2024/060724-Second-Amended-Order-Disclosure-IGG-Info-PO.pdf

The order from the closed hearing - 5th Motion to compel (IGG) - was never made public.

D 5th Motion to compel:

https://s3.us-west-2.amazonaws.com/isc.coi/CR29-22-2805/2024/041524-Defendants-Fifth-MTC.pdf

Order listed on Case summary page:



jmo

 

[Boxer]

The DNA from his mouth matches the DNA on the sheath.

 

[CKS]

Nope. BK has no Alibi you can link. Zero.

If you can link that yes for 100% for sure the defense says he has an Alibi that meets the Idaho statue then please link.

Look. Let me make this crystal clear. If BK has an Alibi then I will entertain the possibility he has been sitting in jail 30 months or whatever for nothing.

But understand this. I have never seen an innocent defendant NOT try to get bail/bond.

Why on earth would an innocent person not demand a Bond Hearing? I have never heard of this.

2 Cents

What is the criteria for an alibi that meets the Idaho statute? I've tried to research it but haven't had much luck. Not trying to disagree I just don't understand what you are talking about.


Thanks

 

[Megnut]

What is the criteria for an alibi that meets the Idaho statute? I've tried to research it but haven't had much luck. Not trying to disagree I just don't understand what you are talking about.


Thanks

Section 19-519 – Idaho State Legislature

legislature.idaho.gov

"...to offer a defense of alibi. Such notice by the defendant shall state the specific place or places at which the defendant claims to have been at the time of the alleged offense and the names and addresses of the witnesses upon whom he intends to rely to establish such alibi..."

 

[Megnut]

Of course, if a defendant wants to put forth an alibi that the Defense couldn't substantiate, he's free to testify. Of course, he's under oath so credibility is at stake.

IMO it's where sweatered ninjas are born.

JMO

 

[Nila Aella]

Nope. BK has no Alibi you can link. Zero.

If you can link that yes for 100% for sure the defense says he has an Alibi that meets the Idaho statue then please link.

Look. Let me make this crystal clear. If BK has an Alibi then I will entertain the possibility he has been sitting in jail 30 months or whatever for nothing.

But understand this. I have never seen an innocent defendant NOT try to get bail/bond.

Why on earth would an innocent person not demand a Bond Hearing? I have never heard of this.

2 Cents

He was arrested on a fugitive warrant.
5:48

Chapter 45:

19-4516. BAIL-- IN WHAT CASES-- CONDITIONS OF BOND. Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, a judge or magistrate in this state may admit the person arrested to bail by bond with sufficient sureties, and in such sum as he deems proper, conditioned for his appearance before him at a time specified in such bond, and for his surrender, to be arrested upon the warrant of the governor of this state.

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwiAndfCtZqIAxXDFlkFHQeWHUMQFnoECBMQAQ&url=https%3A%2F%2Flegislature.idaho.gov%2Fstatutesrules%2Fidstat%2Ftitle19%2Ft19ch45%2F&usg=AOvVaw3AhbeAFDDKpzvSWOyTj4ur&opi=89978449

jmo

 

[arielilane]

Wed., August 28, 2024
https://x.com/BrianEntin
@BrianEntin

Empty lot today where Kaylee Goncalves, Madison Mogen, Xana Kernodle, and Ethan Chapin were murdered.
Almost no sign of the house anymore in Moscow, Idaho.

https://twitter.com/x/status/1828915742705889537

 

[arielilane]

@BrianEntin

Bryan Kohberger hearing starts at 9am local time / 12pmET.Defense will argue to move trial out of Latah County.They are very strict about not tweeting in courtroom so I may go quiet for a while — but there is a live stream.



11:22 AM · Aug 29, 2024

 

[Megnut]

 

[Megnut]

 

[CKS]

He was arrested on a fugitive warrant.
5:48

Chapter 45:

19-4516. BAIL-- IN WHAT CASES-- CONDITIONS OF BOND. Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, a judge or magistrate in this state may admit the person arrested to bail by bond with sufficient sureties, and in such sum as he deems proper, conditioned for his appearance before him at a time specified in such bond, and for his surrender, to be arrested upon the warrant of the governor of this state.

https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwiAndfCtZqIAxXDFlkFHQeWHUMQFnoECBMQAQ&url=https%3A%2F%2Flegislature.idaho.gov%2Fstatutesrules%2Fidstat%2Ftitle19%2Ft19ch45%2F&usg=AOvVaw3AhbeAFDDKpzvSWOyTj4ur&opi=89978449

jmo

Pardon my ignorance.

Just curious but why was he a fugitive at that point? If he was a fugitive why didn't they just arrest him on either of the two traffic stops in Indiana on his way to PA?

The definition of a fugitive is a person who has escaped from a place or is in hiding, especially to avoid arrest or persecution.

Let's say LE did indeed believe he was 'on the run' then again why didn't they just arrest him either of the two times they pulled him over on his way to PA?

Another question is why didn't they just bring BK in for questioning when he was still in Idaho and ask him for a DNA sample then?

Why follow him across country?

 

[arielilane]

Judge, John

Latah, Lewis, Nez Perce, Clearwater, Idaho

District

2

Watch

Idaho Judicial Cases of Interest

 

[Cindizzi]

https://twitter.com/x/status/1829178070361878984

https://twitter.com/x/status/1829184844569686254

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