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

[schooling]

Not that he didn't, but when was it established he shut off his phone during the time of the murders?

That would be a significant development, no? This unbelievably misfortunate individual who was awake and driving aimlessly outdoors a vehicle similar in description to SV1, absent front licence plate, at 4:00 AM, during the time of the attack, whose DNA is later recovered on the protective covering to, or consistent with, the murder weapon, at the crime scene, for unknown reasons did shut off his phone during said timeframe.

IMO The arguments for BK always look better when you split the evidence up individually into vacuum chambers. Devoid of light. Little to no context of how they fit together to form a bigger picture.

The moment you present the pieces as one cohesive narrative…YIKES!

 

[INfisherman]

The prosecution will also have a lot of circumstantial evidence to sew together as a theme that will be very damning in my opinion.

I know a prosecutor in Delphi that did pretty well with a butt load of circumstantial evidence. Maybe BT could make a call for some assistance.

 

[Justice101]

IMO The arguments for BK always look better when you split the evidence up individually into vacuum chambers. Devoid of light. Little to no context of how they fit together to form a bigger picture.

The moment you present the pieces as one cohesive narrative…YIKES!

@schooling
Post of the year!

 

[Justice101]

I know a prosecutor in Delphi that did pretty well with a butt load of circumstantial evidence. Maybe BT could make a call for some assistance.

Agree! I followed the Delphi case closely myself and I thought there was some shaky evidence there.. that is, pieces left to be interpreted standing on their own looking weak like:

1) RA not keeping his phone from the time of the crime. No phone from him.
2) Gun cycling ejector marks.
3) Car seen not exactly matching the one he had.

But yet he was found guilty...and I believe rightly so.

My personal opinion is this case against BK is 100% stronger because they have (a living) eyewitness, DNA and a lot of digital data from his phone.

If BK was looking out for himself, I think he would ask his defense team (or agree to what his defense team suggested) to make a plea agreement.

I think this will happen before the trial starts.. .but only as it approaches and the defense finally realizes it has like a 5% chance of being successful. Too early to show their hands now.

 

[Nila Aella]

The tower lost its connection to the phone at the edge of Pullman.
Regained it briefly south of Moscow after crime window.
The came back fully further south of Moscow and return to Pullman.

The tower's power did not fail so the loss of connection happened at the phone.

Turned off
Airplane mode
Faraday bag/same as off

Common denominator is human action performed on the phone to stop connection.

You forgot being in an area without cellular coverage.
PCA
Phone stops reporting to the network, which is consistent with either the phone being in an area without cellular coverage, the connection to the network is disabled (such as putting the phone in airplane mode), or that the phone is tumed off.

Since then there has been a CSLI warrant and a CAST report.
The CAST supports the phone was off (MTS).

jmo

 

[AcousticViper]

Turning his phone off is one of those basic facts used by BP according to the D.

Must have missed this. Can you kindly supply a link?

 

[Observe_dont_Absorb]

Without commenting on whether he did turn his phone off in suspicious ways, in my experience in recent years, digital blackouts are providing key circumstantial evidence against offenders because they do in fact turn their phones off or go into airplane mode when criming.

it really is the noob error that is replacing the previous noob error of taking your phone to the murder.

Someone said early on that if BK is guilty and wanted to commit the perfect crime, he should have left his phone at home playing an audiobook or autoplaying youtube videos.

 

[PinkParis2052]

Next dates of interest, Dec 6th for State Responses to Mots to Suppress, (and Mot for Franks hearing? )then Dec 20th for Defense Responses to State's Responses.

Judge Hippler could rule on Motion for Franks Hearing any time after Dec 6th maybe? Guessing. But is separate technically from Mots to Suppress(?), which are scheduled to be heard on 23rd Jan next year (which is actually only about two months away/around nine weeks or so, already!).

https://s3.us-west-2.amazonaws.com/isc.coi/CR01-24-31665/2024/100924-Redacted-Order-Governing-Proceedings-Notice-Setting.pdf

ETA link

I can't wait to see the defense's responses and see what Judge Hippler does regarding the defense's request for a Franks hearing.

 

[Balthazar]

Must have missed this. Can you kindly supply a link?

It's in the PCA. 2nd paragraph, 1st sentence, page 12:

Bryan Kohberger arrest affidavit in Idaho murders

www.documentcloud.org

 

[Nila Aella]

Must have missed this. Can you kindly supply a link?

top of page 4

https://s3.us-west-2.amazonaws.com/isc.coi/CR01-24-31665/2024/111424-Motion-Supress-Memorandum-Support-Apartment.pdf

 

[AcousticViper]

It's in the PCA. 2nd paragraph, 1st sentence, page 12

Yes, the PCA theorizes he may have left the phone at a different location or perhaps turned it off, but at no time does BP state unreservedly one of those possibilities is accurate.

top of page 4

I don't think the defense team's motion to suppress answers the question either. They too are summarizing BP's qualified statements. Cell site location information supports "the idea" he left his apartment and travelled south, and presumably with zero other cell site location data until 4:48 AM, supports his phone being turned off. "They support at 4:48 AM that the phone is south of Moscow, ID, near Blaine, ID."

Departing from this restrained language, the P's most recent submission states: "Defendant had attempted to conceal his location during the time of the crimes". Leaving one to ponder if they have since acquired harder evidence, say from direct examination of his phone, that he powered it off soon after leaving his Pullman residence. Though forensic examiners will have answered this question by now, it has yet to be established in documents made public imo.

 

[jepop]

I can't wait to see the defense's responses and see what Judge Hippler does regarding the defense's request for a Franks hearing.

Me too.

 

[Balthazar]

Yes, the PCA theorizes he may have left the phone at a different location or perhaps turned it off, but at no time does BP state unreservedly one of those possibilities is accurate.

Yes, I agree the PCA is full of guess work and theories and short on facts.

I don't think the defense team's motion to suppress answers the question either. They too are summarizing BP's qualified statements. Cell site location information supports "the idea" he left his apartment and travelled south, and presumably with zero other cell site location data until 4:48 AM, supports his phone being turned off. "They support at 4:48 AM that the phone is south of Moscow, ID, near Blaine, ID."

Departing from this restrained language, the P's most recent submission states: "Defendant had attempted to conceal his location during the time of the crimes". Leaving one to ponder if they have since acquired harder evidence, say from direct examination of his phone, that he powered it off soon after leaving his Pullman residence. Though forensic examiners will have answered this question by now, it has yet to be established in documents made public imo.

Last May, there were hearings where both LM and BP testified and it was very clear that LM and BP had and still have no idea where BK's phone was. If they didn't know as late as May 2024, a full year and a half after the murders, it is highly unlikely that question has been or will ever be answered by forensic examiners/LE. SR's testimony was quite informative, as well. It would be well worth your time to go back and re-watch these hearings. Maybe it will better answer your questions about BK's cellphone. We can tell you what is in the documentation and what has been said in hearings but only you can determine what you think happened in this case.
Here is LM:

Here is BP and SR:

All JMO.

 

[Boxer]

You forgot being in an area without cellular coverage.
PCA
Phone stops reporting to the network, which is consistent with either the phone being in an area without cellular coverage, the connection to the network is disabled (such as putting the phone in airplane mode), or that the phone is tumed off.

Since then there has been a CSLI warrant and a CAST report.
The CAST supports the phone was off (MTS).

jmo

True. But the area of east Pullman is not an area with no cell coverage.

 

[jepop]

Yes, the PCA theorizes he may have left the phone at a different location or perhaps turned it off, but at no time does BP state unreservedly one of those possibilities is accurate.


I don't think the defense team's motion to suppress answers the question either. They too are summarizing BP's qualified statements. Cell site location information supports "the idea" he left his apartment and travelled south, and presumably with zero other cell site location data until 4:48 AM, supports his phone being turned off. "They support at 4:48 AM that the phone is south of Moscow, ID, near Blaine, ID."

Departing from this restrained language, the P's most recent submission states: "Defendant had attempted to conceal his location during the time of the crimes". Leaving one to ponder if they have since acquired harder evidence, say from direct examination of his phone, that he powered it off soon after leaving his Pullman residence. Though forensic examiners will have answered this question by now, it has yet to be established in documents made public imo.

Yes agree, forensic examiners certainly know the status of BK's phone between approx 2.50am and 4.48am that morning. Jmo but logs would have revealed what action he took. I feel sure that he did turn it off. Jmo

Moo, it's pretty simple really. The defense made a song and dance with Sy Ray in that same public hearing for fourth motion to compel end of May this year. But for the actual two hours surrounding the murders BK's phone was off moo so that is why there is 'missing'(key X files music) phone data.

 

[Nila Aella]

Yes, the PCA theorizes he may have left the phone at a different location or perhaps turned it off, but at no time does BP state unreservedly one of those possibilities is accurate.

Agree.
jmo

I don't think the defense team's motion to suppress answers the question either. They too are summarizing BP's qualified statements. Cell site location information supports "the idea" he left his apartment and travelled south, and presumably with zero other cell site location data until 4:48 AM, supports his phone being turned off. "They support at 4:48 AM that the phone is south of Moscow, ID, near Blaine, ID.

Fair enough.
This is the first time I saw the team supported the phone being off without the other possibilities.
IMO the D will challenge.
jmo

"Departing from this restrained language, the P's most recent submission states: "Defendant had attempted to conceal his location during the time of the crimes". Leaving one to ponder if they have since acquired harder evidence, say from direct examination of his phone, that he powered it off soon after leaving his Pullman residence. Though forensic examiners will have answered this question by now, it has yet to be established in documents made public imo.

The comment referred to is in the Apple Objection

These are the exhibits the State used for the Apple Objection

Affidavit for Search Warrant for Apple with appended Exhibits (State's Exhibit S-1)
Apple Search Warrant (State's Exhibit S-2)
Order for Return (State's Exhibit S-3)
Apple Records obtained from the U.S. Attorney's Office which show the limited scope of information (State's Exhibit S-4 separate thumb drive)

BT was referencing the PCA in the Apple Objection when making that statement:

Based on the affidavit of probable cause we know several facts. Defendant was a suspect in a burglary and homicides occurring at 1 122 King Road in Moscow, Idaho on or about November 13, 2022 (Exhibit A, Pages 1-19). Defendant was the owner oftwo Apple/iCloud accounts. /d. Pages 22-24. Detective Payne set out what information Apple captures in connection with an Apple ID; /d. Pages 19-22. The two Apple/iCloud accounts were accessed by the Defendant leading up to the homicides and following the homicides. /d. Page 24. The Defendant was seeking an advanced degree in criminology and had studied cloud-based forensics prior to the crimes. /d. Page 12. Defendant had attempted to conceal his location during the time of the crimes /d. Page 16. Together, the above established probable cause to search for evidence of Defendant's "plans, thought process, research, locations, photos or other pertinent information" located on two Apple accounts shown to be associated with Defendant.

page 12

https://s3.us-west-2.amazonaws.com/isc.coi/CR01-24-31665/2024/120624-States-Objection-MtS-Apple.pdf

 

[Nila Aella]

True. But the area of east Pullman is not an area with no cell coverage.

What about West?
jmo

 

[girlhasnoname]

Without commenting on whether he did turn his phone off in suspicious ways, in my experience in recent years, digital blackouts are providing key circumstantial evidence against offenders because they do in fact turn their phones off or go into airplane mode when criming.

it really is the noob error that is replacing the previous noob error of taking your phone to the murder.

Agree, and the CAST experts will review BK's historical phone usage before and after the murders. Was it a normal pattern that he turned off his phone while out driving late at night while star gazing in the wee hours?

It is definitely suspect if BK's phone usage during the time leading up to the murders and afterwards shows he does not in fact do that routinely and just happened to on that particular day(s).

JMO

EBM: Clarity - need more coffee

 

[girlhasnoname]

Does anyone with legal knowledge think that it's normal to seal all those exhibits?

No, I don't find it any more odd than the Defense filing their Motions under seal. The State wants to protect the evidence as long as possible and there is a gag order in place overall, so I don't find it unusual.

JMO

 

[girlhasnoname]

He turned his phone off is a reason to search his entire icloud account (from purchase to seizure)?

jmo

I believe BK got that phone when he arrived in Pullman, or around that time IIRC. So just for discussion purposes, it would have been data collected from June through December.

I don't find that extreme, LE was looking at the historical usage of BK's phone activities, and also was looking for links to the murdered victims.

JMO