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

[Cool Cats]

Bryan Kohberger Gives Judge 2,000 Pages of Mostly Irrelevant Information​

MSN

Comes across like the defense is afraid to go to trial. They need the case thrown out before they start looking like fools before a jury.

2 Cents

 

[INfisherman]

Bryan Kohberger Gives Judge 2,000 Pages of Mostly Irrelevant Information​

MSN

Comes across like the defense is afraid to go to trial. They need the case thrown out before they start looking like fools before a jury.

2 Cents

<hands you a dozen doughnuts & a gallon of coffee w/ half & half>

The jury may not be necessary in regards to how the D currently appears.

JMO

 

[Cool Cats]

<hands you a dozen doughnuts & a gallon of coffee w/ half & half>

The jury may not be necessary in regards to how the D currently appears.

JMO

The People of the State of Idaho deserve a fair trial and so do the victim's families.

BK isn't a special exception. Prove in court that he is innocent.

2 Cents

 

[girlhasnoname]

Does anyone have the link to where the Franks alleges this?

TIA!

I am attaching the Judge's Response to the Defendants Motion, notice the footnote 1 (you know I'm a fool for a footnote) on page 1.

https://s3.us-west-2.amazonaws.com/isc.coi/CR01-24-31665/2024/112224-Order-Re-Franks-Motion.pdf

I don't know that the official FM was posted maybe @Nila Aella knows or can point us to it?

 

[Nila Aella]

I am attaching the Judge's Response to the Defendants Motion, notice the footnote 1 (you know I'm a fool for a good footnote) on page 1.

https://s3.us-west-2.amazonaws.com/isc.coi/CR01-24-31665/2024/112224-Order-Re-Franks-Motion.pdf

I don't know that the official FM was posted maybe @Nila Aella knows or can point us to it?

The FM is sealed because it contains infortmation sealed by the Court (IGG and possibly GJ). There are 38 exhibits in the FM.

Both the footnote and the Motion to Compel testimony (@Balthazar linked) of BP regarding the car identification/emails are the sources for the current discussion.

JMO

 

[girlhasnoname]

The FM is sealed because it contains infortmation sealed by the Court (IGG and possibly GJ). There are 38 exhibits in the FM.

Both the footnote and the Motion to Compel testimony (@Balthazar linked) of BP regarding the car identification/emails are the sources for the current discussion.

JMO

Thank you, I knew you'd have the answer.

 

[Justice101]

MOO but I agree with Balthazar. Brett Payne lied about the FBI changing the year of the car in court. AT set him up when she knew the FBI did not change it and that BP did. All my opinion.

BP used the movements of the elantra on video to obtain the the first AT&T warrant. BP was the one that changed the years of the elantra and not the FBI. BP said in court the FBI changed it and imo that is the lie AT is talking about.

If this is indeed true then the whole case is thrown out imo.

Not quite. a general description of a vehicle that changes, whether lied about, or wishful thinking is common.

Not sure that became material to the charges. JMO

I'm not sweating it.

 

[girlhasnoname]

Show me that you aren't completely and unequivocally beholden to absolute time, attention, and detail without showing me that you aren't completely and unequivocally beholden to absolute time, attention, and detail. Hah

Just check out this thing of beauty, Judge Hippler has this case organized down to the last sentence. (It's a nice change)

https://s3.us-west-2.amazonaws.com/...rder-Governing-Proceedings-Notice-Setting.pdf

MOO

 

[CKS]

Not quite. a general description of a vehicle that changes, whether lied about, or wishful thinking is common.

Not sure that became material to the charges. JMO

I'm not sweating it.

MOO but it's not the year of the car that was lied about. IMO it's that Payne was the one who switched the years but in court said the FBI was the one that switched it.

Could be nothing but IMO that is the what the defense is showing. B/c after all everything stems from the car.

Just my opinion.

 

[Megnut]

What exactly is the lie?

That the expert determined the vehicle seen in cctv to be consistent with a 2011-2013 Hyundai Elantra, later expanded to include 2015 (new range 2011-2013)?

If anyone could point me to where this expert or any other said it was absolutely a 2011-2013 and could NOT be any other year....

I believe AT's fancy footwork is this: maybe nowhere in the vast email collection is there an email between BP and the expert expanding the years outside 2011-2013. Doh. Email isn't the only form of communication in the world. It could well be documented elsewhere as about a thirty second phone call. As likely it was an informal conversation between the expert and BP or any other detective working the case.

BK is not going to walk free because an expert's preliminary vehicle analysis was off by two years. Nor is there any real evidence that BP misrepresented anything about the vehicle or the FBI description of it.

IMO if AT had a legitimate point, she'd make it directly, in one clear page.

She's wasting trees.

JMO

 

[cocomod]

I am attaching the Judge's Response to the Defendants Motion, notice the footnote 1 (you know I'm a fool for a footnote) on page 1.

https://s3.us-west-2.amazonaws.com/isc.coi/CR01-24-31665/2024/112224-Order-Re-Franks-Motion.pdf

I don't know that the official FM was posted maybe @Nila Aella knows or can point us to it?

This footnote says a LOT!!

That exhibit is over one hundred pages of duplicative emails. Defendant does not identify which email supports his proposition. The Court will not do counsel's job and scour the exhibit to decide what portions defendant must be suggesting supports his assertion.


I agree that this is a big nothing burger!! Honestly, they could have had a verbal conversation with the FBI that expanded the years. This case is not being thrown out for this stretch - IMHO

 

[I am not Sherlock H.]

Chimming in, I live here it was very heavily foggy that night/morning, whether it shows up or not on camera. In some places, it hovers a little higher and there's a little bit of a dip down on Taylor so it's less obvious in parts. But if you look out through the yard on nights like that, it's thick, moving and somewhat patchy. This often generates hoarfrost the next morning, not that I'm a weather reporter. LOL JMOO

Thanks for chiming in here @Chloegirl …..and with that clarification l doesn’t seem it would have been an ideal night for star gazing either. MOO

 

[GOBliaison]

MOO but it's not the year of the car that was lied about. IMO it's that Payne was the one who switched the years but in court said the FBI was the one that switched it.

^^ VR strengthened for focus ^^​

Now am I mistaken ...
... understanding that a witness' mistaken utterance under oath, standing alone, ie. absent perjurous mens rea, is neither a criminal nor civil offense ? ?

And, as there are four types of mens rea: acting purposely, or knowingly, or recklessly, or negligently, singly or in the aggregate - - would not AT have to fit-up constable Payne for some (or any) of these in order to make her argument ? ?

Aside: [The element mens rea comes from Latin and is directly translated as “guilty mind”.]

 

[SortaSleuthy]

The prosecution has BK’s DNA on the button of the knife’s sheath, which was on the bed partially under a body. How is he going to weasel out of that?

Here is one way:

BK simply says … “I bought a knife with a sheath just like that. Last time I saw it was when I put it in my desk drawer at the college. The next day it was gone. Instead of accusing me, why aren’t the police talking to the students and janitorial staff?”

Remember, it only takes one juror to create a hung jury!

 

[Mr.Dandy]

The email thread that Judge Hippler is complaining about is proof of something for the requested Frank's Hearing.

A Franks Hearing is a hearing in which the defense must prove that LE lied in order to obtain a warrant.

I believe AT gathered the proof of a lie from the testimony of BP shown here:

There is much about BP's testimony on that particular day which gave me pause, however, it became clear to me that AT was nailing down his testimony under oath starting at about 16:00. I believe the key question comes at 16:30. I think everyone here is aware that attorneys never ask questions in a courtroom unless they already know the answer. AT is no exception.

I'm not sure why the judge would want the defense to limit the evidence shown to him when the defense is clearly exposing an electronic email "paper trail." The situation may be that ALL of the emails read in their totality ARE the evidence. In the hearing I linked, BP claimed he received an email from the FBI car identification agent saying the Elantra model might date 2011 - 2016 instead of the original 2011-2013.

BP replied:
17:18
BP: that it would have been his his input as an expert in vehicle identification

BP claimed the FBI car expert decided that a 2014 - 2016 Elantra could be mistaken for a 2011-13 Elantra. Take a look at these pictures:

white 2011 Elantra:
View attachment 548029

2011 Pearl White Hyundai Elantra GLS #84042946 Photo #6 | GTCarLot.com - Car Color Galleries

gtcarlot.com

white 2015 Elantra:
View attachment 548026

%VEHICLE_SEARCH_PAGE_KEYWORDS_CAP_FIRST_LETTER% Vehicles for Sale in %CITY%, %STATE% | %DEALER_NAME%

Search %VEHICLE_SEARCH_PAGE_KEYWORDS% vehicles for sale in %CITY%, %STATE% at %DEALER_NAME%. We're your auto dealership serving %DEALER_GEO_ONE%, %DEALER_GEO_TWO%, and %DEALER_GEO_THREE%.

www.mygalleriachevrolet.com

If you ignore the wheels and just compare the two car bodies, it quickly becomes apparent that a 2015 Elantra could NEVER be confused with a 2011 Elantra, most especially NOT by an FBI car expert. Not even in the dark.

We will learn more at the forthcoming Jan. 23 Motion Hearing.

All JMO.

The 11 is kinda chubby while the 15 is toned… at least that’s how I see it.

 

[TallCoolOne]

The prosecution has BK’s DNA on the button of the knife’s sheath, which was on the bed partially under a body. How is he going to weasel out of that?

Here is one way:

BK simply says … “I bought a knife with a sheath just like that. Last time I saw it was when I put it in my desk drawer at the college. The next day it was gone. Instead of accusing me, why aren’t the police talking to the students and janitorial staff?”

Remember, it only takes one juror to create a hung jury!

And they just so happened to take his car too!!

 

[Vaderman]

I am attaching the Judge's Response to the Defendants Motion, notice the footnote 1 (you know I'm a fool for a footnote) on page 1.

https://s3.us-west-2.amazonaws.com/isc.coi/CR01-24-31665/2024/112224-Order-Re-Franks-Motion.pdf

That footnote made me chuckle. I actually expected a bit better from BK considering his educational choices. <glad you liked my updated Woodstock avatar>

 

[Megnut]

This footnote says a LOT!!

That exhibit is over one hundred pages of duplicative emails. Defendant does not identify which email supports his proposition. The Court will not do counsel's job and scour the exhibit to decide what portions defendant must be suggesting supports his assertion.


I agree that this is a big nothing burger!! Honestly, they could have had a verbal conversation with the FBI that expanded the years. This case is not being thrown out for this stretch - IMHO

And... I think AT is asking the judhe to validate the absence of any reference. Which is just nonsense. Sift through all the emails in the whole universe for all time and you still might not find one where the FBI expert widens the year range -- there's nothing to say that wasn't a quick conversation over the phone or in person.

I call this sleight of hand. AT's.

Asking the judge to look through thousands of emails in order to find there's nothing there, the absence of which has no bearing on the veracity of the affidavit anyway.

JMO

 

[Cool Cats]

The prosecution has BK’s DNA on the button of the knife’s sheath, which was on the bed partially under a body. How is he going to weasel out of that?

Here is one way:

BK simply says … “I bought a knife with a sheath just like that. Last time I saw it was when I put it in my desk drawer at the college. The next day it was gone. Instead of accusing me, why aren’t the police talking to the students and janitorial staff?”

Remember, it only takes one juror to create a hung jury!

Your joking.

The prosecution would love it if BK's defense could prove he bought the murder weapon.

This would be super strong evidence against BK, not for him.

This would also confirm the DNA evidence, that the DNA was put on the sheath by BK and not planted.



2 Cents

 

[Cool Cats]

Thanks for chiming in here @Chloegirl …..and with that clarification l doesn’t seem it would have been an ideal night for star gazing either. MOO

But he has proof on his phone that he was star gazing on other nights.

The defense wants us to believe that photos from other nights equates to an alibi for the night he is accused of murder.

Pretend alibi jury will see through.

2 Cents