I think we don't really know if that's true. This was alleged in Howard Blum's book about the murders. He reported the FBI was running a parallel investigation and that MPD was unaware of the lead generated by the IGG until shortly before the arrest.I confused as to what you mean here...BBM
"The other interesting thing in the motion--the defense says the state must show the evidence would have been discovered anyway and the state cannot show this."
As far as the FBI investigating how the FBI investigates, along side the local LE investigating on their end simultaneously...what does that matter? They're all LE looking for a killer. Why would the state have to prove they were making their own progress outside of the FBI? It's all information to catch a killer.
I think it matters specifically for this motion because, if true, it will bolster the state's case that the evidence would have been discovered without the IGG. In the case the defense cites, Idaho courts found that had law enforcement not detained Maahs in violation of his 4th amendment rights, he would have been free to leave and they would never have discovered the evidence in his car. Therefore, the evidence was thrown out. The defense is arguing that this is case here too--without IGG, they never would have obtained the evidence they did, and since they argue IGG violates his 4th amendment rights, they argue it should all be thrown out. They are preempting the argument they anticipate the state will make--that they would have focused on BK and obtained this evidence even without the IGG.
JMO