4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #97

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  • #441
Right, but you have to stretch oneself into weird positions to make that 'non-coverage' thing work. We have to believe he went star gazing on a foggy freezing night, inside a CLOSED park, where he'd have to leave his vehicle outside of the gates and run around in freezing weather. Apparently took no pictures of the sky that night, even though he went to so much trouble to break the law and enter a closed park just to see that foggy night sky.

And when he was first asked about his alibi, he said nothing about this stargazing trip at this park. That came later, after his cell data expert came onboard. Seems like they created a little data map they will use to cover up the fact that his phone was turned off, imo.
IMO, yes this where the “creative alibi” comes into play.
 
  • #442
Right, but you have to stretch oneself into weird positions to make that 'non-coverage' thing work. We have to believe he went star gazing on a foggy freezing night, inside a CLOSED park, where he'd have to leave his vehicle outside of the gates and run around in freezing weather. Apparently took no pictures of the sky that night, even though he went to so much trouble to break the law and enter a closed park just to see that foggy night sky.

And when he was first asked about his alibi, he said nothing about this stargazing trip at this park. That came later, after his cell data expert came onboard. Seems like they created a little data map they will use to cover up the fact that his phone was turned off, imo.
Really, it’s a pretty weak alibi. Why would he think it was a good idea to go that way?
 
  • #443
Really, it’s a pretty weak alibi. Why would he think it was a good idea to go that way?
Agreed. Probably because he was confident he wasn’t going to get caught & they had to come up with something that might fit his creepy "unusual" late night stalking "habits". Can’t go back & change the cell data so make the story fit the data.

MOO
 
  • #444
I had some thoughts about the nature of this crime which after the fact bear no relation to what actually happened... but regarding some of the errors BK made, maybe he never thought there'd be much LE would do because he was going into the house for far less intended reason:

- perhaps he only ever intended to enter the house to plant some recording devices?
- or perhaps he only ever intended to creep around in the house maybe steal some trophies?
- perhaps he intended to find one particular (sleeping) woman and do some weird things like take photos or touch her whilst she was sleeping?
- perhaps he was even thinking of removing one particular woman from the house at force (kidnap / hostage taking) and take her elsewhere?

I find it hard to believe he thought he would commit the perfect crime if his intention was to go in and either sexually assault, rape, or murder just one person because of the nature of how 'messy' that would be, the potential level of noise and disturbance, and the amount of his DNA he'd be at risk leaving behind.

If he had only gone in the house and crept around and done some weird things and barely been noticed -or- LE had an emergency call from the house saying the young women had woken to find a man in their bedroom but he had fled, in all reality what time, effort, and resources could or would the police have put into that? Probably not much? Would anyone even have taken them seriously?

So any 'errors' that BK made could be because he wasn't intending to wholesale slaughter an entire household of young people so much as just be a pervert creep. He of all people must know what sort of crimes give LE the authority to release budgets and funds to detect.
 
  • #445
I suspect the defence is engaged in a dog and pony show to delay things as much as possible and hope something turns up.

this is not a case where the State engaged in some illegal search to ID the suspect then worked backwards to manufacture probable cause

Rather the accused left his DNA at the crime scene and that may well have provided the insights to put the other evidence that they had together.

Unluckily. But so far i am not seeing anything to suggest poisoned fruit.

My guess is the Franks will be the same circular suppression arguments. let’s see.

MOO
 
  • #446
Really, it’s a pretty weak alibi. Why would he think it was a good idea to go that way?

They have no substantive defence. That is really the problem here.
 
  • #447
BKs phone went off line in south east Pullman came back on line south of Moscow.
True
MOO
He can't say where he went because he went to King Rd. in Moscow.
He can't be specific about being being anywhere else because there is the possibilty if he says he drove west on specific road, there could be video proving he did not drive there.

MOO his defense is stuck with trying to create confusion around the phone location and straight up suppresion of DNA evidence.
Maybe.

No video of a white elantra on 95 traveling South. No video of it traveling back to Pullman (270 or Palouse). No Video of it traveling East toward Troy (Hwy 8). No Video of it traveling North on 95.

Either it didn't leave the neighborhood at all, left later (LE checked 5-6 AM. No Elantra South on 95), or evaded any road with a camera.

Defense discovery is Jan 9th.

jmo
 
  • #448
Timestamp? A cell phone is listed as one of the items seized from his parent's home in Pennsylvania. Among the sweeping motions to suppress we also find this interesting nugget:




I'm not persuaded by Sy Ray's testimony for reasons stated previously. He was asked to review the preliminary CAST work in absence of any evidence that supports concealment of movement. The case has moved forward since then and so too the FBI's final CAST report incorporating timing bands. Seems odd the defense team would now fight to suppress AT&T account records their own expert witness had stated was exculpatory.

Sy Ray felt more like expert trial evidence than PC phase stuff to me.

I also agree where you say that once they had the physical phone they might have been able to get location data off the device that they obviously did not have at the investigatory stage? do i have that right?
 
  • #449
Timestamp? A cell phone is listed as one of the items seized from his parent's home in Pennsylvania. Among the sweeping motions to suppress we also find this interesting nugget:




I'm not persuaded by Sy Ray's testimony for reasons stated previously. He was asked to review the preliminary CAST work in absence of any evidence that supports concealment of movement. The case has moved forward since then and so too the FBI's final CAST report incorporating timing bands. Seems odd the defense team would now fight to suppress AT&T account records their own expert witness had stated was exculpatory.
BBM to focus on advanced timing records.

Testimony is the ATRS were requested in ATT warrants (Law at that time prevents local PD of obtaining) and from other providers.
BP testimony is he is unsure if he saw any.
SR testimony is he sees a file on the map work that appears to incorporate ATR.
LM and AJ say that ATT Loc records were used to make the map.
AJ says ATR were not obtained until Spring (Law changed for local pd to be able to get them) and that the ATR received in Spring were NOT for BK.

ATT real time warrant March 30 2023
For the time period of: June 23, 2022, to August 1, 2022
AT&T Wireless Number: Subscriber Name: Unknown at this time
AT&TWireless Number: Subscriber Name: Unknown at this time
To include both Historical Records and Real Time/Provisional Records

P discovery should have included the Final Cast Report.
Were the ATR by FGJ subpoena? or?

jmo
 
  • #450
Regarding BK having two iCloud accounts, do many people have two iClouds?

I appreciate it's possible but it's quite difficult these days to keep accounts separate as devices and networks pick up on personal data and make links. Did he maybe have different devices for work v personal and manage to keep them unlinked? Why even have two clouds?
One account was active, the other was not according to the D:

3. On January 7, 2023 Apple had responded to the federal grand jury subpoena that a “full iCloud account under the name Bryan Kohberger was in Active status” and another account wifiarmyowns@yahoocom was inactive

4. Using the information produced in the federal grand jury subpoena Cpl. Payne “determined” that the “AMS Subscirber_Account” was linked to [email protected].

5. Timing of account access, as searched by Cpl. Payne, was around December 20, 2022, when Payne knew Kohberger was in Pennsylvania “still accessing the Apple account with a known iCloud before the homicides and then days before his arrest.”


This might be another problem with the scope of the Apple warrant. A six year warrant including a known INactive account.

jmo
ETA link
 
  • #451
  • #452
Agreed. Probably because he was confident he wasn’t going to get caught & they had to come up with something that might fit his creepy "unusual" late night stalking "habits". Can’t go back & change the cell data so make the story fit the data.

MOO
Cell data is the new thing by means of evidence. It’s always used these days. It doesn’t lie.
 
  • #453
Right, but you have to stretch oneself into weird positions to make that 'non-coverage' thing work. We have to believe he went star gazing on a foggy freezing night, inside a CLOSED park, where he'd have to leave his vehicle outside of the gates and run around in freezing weather. Apparently took no pictures of the sky that night, even though he went to so much trouble to break the law and enter a closed park just to see that foggy night sky.

And when he was first asked about his alibi, he said nothing about this stargazing trip at this park. That came later, after his cell data expert came onboard. Seems like they created a little data map they will use to cover up the fact that his phone was turned off, imo.
MOO

This is all just my opinion on the Elantra route.

He was jot at or near Wawai Park. But MOO he had been thwre possonly many tomes before.
It is the site where the body of a WSU coed kidnapped from campus and murdered in the 60's was hidden. Add ice fog and aimless night time driving around.
He was a criminologist so the most famous campus murder would be lore in his department, also the case remains unsolved.

MOO The route of the Elantra is significant, he went by the police station in Moscow, how could being close to it not bring up the first the recent rejection of his proposed internship with the "rural" police department as well as his being expelled from his high school police track program.
MOO he is likely to have very deep resentment over being reported by someone or some people and being removed from that program.
The he as very near or passed directly by a student apartment complex where he reportedly attended a big party before term started, then continuing on the Elantra during the evening on King Rd. loops passed the public street address of his advising professor (though apparently professor not living there at the time) with whoM he had a PhD program ending conflict.
MOO That is a lot of negative touring.
 
  • #454
So the only hope is getting evidence thrown out.

well yeah. if your DNA is at the murder scene of 4 total strangers you kind of need that DNA out or it’s uh oh spaghettio
 
  • #455
  • #456
  • #457
  • #458
Why are there so many future cancellations?
The previous Judge JJJ scheduled the trial in his court.
Then there was a change of venue.
The new Judge. Judge Hippler. Cancelled JJJs schedule.
There is a new schedule in Judge Hipplers Court if you look past the cancelled ones.
 
  • #459
The previous Judge JJJ scheduled the trial in his court.
Then there was a change of venue.
The new Judge. Judge Hippler. Cancelled JJJs schedule.
There is a new schedule in Judge Hipplers Court if you look past the cancelled ones.
Oh ok makes sense.
 
  • #460
Cell data is the new thing by means of evidence. It’s always used these days. It doesn’t lie.
We’re starting to see smartphone pedometer data (which most people associate with smart watches) helping with convictions. It’s wild.
 
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