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

[mrjitty]

He must be so kicking himself he left DNA at the crime scene …

 

[Nila Aella]

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

The Apple warrant was for 6 years, not 6 months.

Cpl. Payne requested a very broad time frame of October 7, 2016 to December 30, 2022 and for any and all Apple accounts linked.

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

ETA States objection

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

jmo

 

[girlhasnoname]

top of page 4

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

The last paragraph from Page 8 of your linked Motion to Suppress sticks out to me in particular. If a Frank Hearing is approved, which I don't believe it will unless Judge Hippler is being extra Judicious because of the high profile DP case status, I feel confident that the Defense will not win in this Motion to Suppress.

<I tried to copy the last paragraph from page 8, but couldn't I guess because of the file format.>

Thanks for your links and courteous discussions. It's a positive thing to have productive conversations whether one agrees or disagrees.

JMO

 

[girlhasnoname]

He must be so kicking himself he left DNA at the crime scene …

Yes, but as we have come to find out, ultimately there are no perfect murders. JMO

 

[girlhasnoname]

The Apple warrant was for 6 years, not 6 months.

Cpl. Payne requested a very broad time frame of October 7, 2016 to December 30, 2022 and for any and all Apple accounts linked.

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

ETA States objection

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

jmo

Reading further into the specific document by the State, the reasoning behind the search of those dates located on page 12 make more sense in the fact that LE would be unaware of specific dates of files, texts that may be related to the crimes on Nov 2022. BK could have stored info in a file created/labeled from 2016 forward.

It will be interesting to see how the Judge rules on this. I think there are points made by each side on this Motion.

This arrest came based upon the findings of a Federal Grand Jury. I knew it was a Grand Jury indictment, but only recently learned it was a Federal Grand Jury.

JMO

 

[Nila Aella]

The last paragraph from Page 8 of your linked Motion to Suppress sticks out to me in particular. If a Frank Hearing is approved, which I don't believe it will unless Judge Hippler is being extra Judicious because of the high profile DP case status, I feel confident that the Defense will not win in this Motion to Suppress.

<I tried to copy the last paragraph from page 8, but couldn't I guess because of the file format.>

Last Paragraph page 8

Finally, “[a] criminal defendant may challenge the veracity of an affidavit used to obtain a search warrant.” State v. Peterson, 133 Idaho 44, 47, 981 P.2d 1154, 1157 (Ct. App. 1999). Upon a preliminary showing of a warrant’s deficiency, the defendant must prove, by a preponderance of the evidence, “that intentional or reckless falsehoods were included in the warrant affidavit and were material to the magistrate’s finding of probable cause, or that material exculpatory information was deliberately or recklessly omitted.” Peterson, 133 Idaho at 47, 981 P.2d at 1157. “An omission of exculpatory facts is “material” only if there is a substantial probability that, had the omitted information been presented, it would have altered the magistrate’s determination of probable cause.” Id. “Whether an omission was intentional or reckless might be inferred, in part, from the relative importance of the information and its exculpatory power.” Id., 133 Idaho at 48, 981. P.2d at 1158.

This is the bar the defense must clear.
Franks hearings are not easy to obtain, but there are cases where they have been.
I have been reviewing successful Franks Motions - very interesting.
I have found a few cases that are similar to this case with arguments that AT might be using. A couple of those arguments seem possible in this case. It is really hard to tell without knowing what supporting evidence there is and what the P response is to it is.
jmo

Thanks for your links

YW

and courteous discussions.

TY, I really appreciate this.

It's a positive thing to have productive conversations whether one agrees or disagrees.

JMO

100%

 

[Nila Aella]

Reading further into the specific document by the State, the reasoning behind the search of those dates located on page 12 make more sense in the fact that LE would be unaware of specific dates of files, texts that may be related to the crimes on Nov 2022. BK could have stored info in a file created/labeled from 2016 forward.

It will be interesting to see how the Judge rules on this. I think there are points made by each side on this Motion.

This arrest came based upon the findings of a Federal Grand Jury. I knew it was a Grand Jury indictment, but only recently learned it was a Federal Grand Jury.

JMO

I agree!
This is the one MTS that is most interesting to me.
The argument seems to be that, yes it was broad but that the PCA narrowed it, and a person can hide something anywhere on the computer.
Maybe in this case even more so since he has a background in icloud forensics.
I am thinking this will depend on what the return actually shows, if it was narrowed or not? IMO the request is definitely overbroad in time and scope.
Thinking about house searches, they are narrowed by where and what can be looked for.
Plus the ipad was seen on the house search but not taken. The receipt for it was recovered from his car.
I also think the fact this was first requested as a FGJ subpoena and not a warrant is important. And that BP duplicated it as a warrant months later.

I'll be watching this one. Very curious how the Judge rules on this.

jmo
ETC spelling

 

[INfisherman]

He must be so kicking himself he left DNA at the crime scene …

Heh. I can imagine him talking to himself in a mirror, debating with or criticizing himself exactly like he did with the female officer who pulled him over in WA for entering an intersection before clear.

I wonder if winters can be predicted by the color of his eyebrows, like with wooly worms?

Woolly Bear Caterpillar - Winter Predictor Or Not?

 

[arielilane]

I dont believe anyone posted this yet.
https://x.com/kfixler
@kfixler

Prosecutors in #BryanKohberger case asked the judge to reject his defense's push to strike various pieces of evidence, including DNA, from forthcoming #Idaho4 trial over alleged police misconduct, faulty search warrants that violated his constitutional rights. Story in comment.


2:11 PM · Dec 13, 2024

https://twitter.com/x/status/1867648560541691915

 

[AcousticViper]

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.

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:

b. Information about the client’s locations taken from his phone must also be excised due to being gathered from an invalid warrant.

Separately, the information gathered via the warrant for Mr. Kohberger’s AT&T account and the pen trap and trace device warrant should be excised for the reasons set out in those warrants.

SR's testimony was quite informative, as well. It would be well worth your time to go back and re-watch these hearings.

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.

 

[AcousticViper]

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

Yes, I should have noticed that sooner. Still, it's hard to escape the conclusion the evidence has developed to a more advanced degree since then. The State restates with a greater degree of certainty what formerly had been framed as suspicion in the PCA, almost as if they have corroborating evidence, asking the court to adopt a "realistic" approach.

"Defendant had attempted to conceal his location during the time of the crimes"

Emphasis added.

 

[Boxer]

What about West?
jmo

BKs phone went off line in south east Pullman came back on line south of Moscow.

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.

 

[Boxer]

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

Agree.

 

[Boxer]

He must be so kicking himself he left DNA at the crime scene …

MOO
Just like Richard Allen realizing if he had lied to his wife, saying he had gone to the police but actually did not he would have got away with killing in Delphi.

Tripped up in one of the myriad of factors associated with a crime.

 

[Balthazar]

Timestamp?

Witness testimony does not come in sound bites. It is always best to listen to their complete testimony for a complete understanding of what they are saying.

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.

It's not odd at all and makes perfect legal sense. The first AT&T warrant was the primary warrant from which all other warrants sprung. If the first AT&T warrant is suppressed, then ALL other warrants become Fruit of the Poisonous tree and are also suppressed. THAT is why they want that AT&T warrant suppressed.

 

[Observe_dont_Absorb]

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?

 

[Nila Aella]

Yes, I should have noticed that sooner. Still, it's hard to escape the conclusion the evidence has developed to a more advanced degree since then. The State restates with a greater degree of certainty what formerly had been framed as suspicion in the PCA, almost as if they have corroborating evidence, asking the court to adopt a "realistic" approach.

Yes, the P did state the PCA was now irrelevant. They do have STR now, CAST, ?
But it is not irrelevant to the D.
Especially if they have substantial support for their Franks Motion.
LE cannot arrest on a suspicion in order to obtain proof after arrest. They must show probable cause. The judge makes the PC determination relying on the affiant to provide all of the necessary information for that determination.

When discovery was handed over at the deadline: AJ said that most of what was handed over (an fbi drive) was discovery already provided to the D previously. Only some was new. What was new is unknown - guessing the final CAST report was one thing. Perhaps a purchase? I have doubts it will show a "Kabar" purchase.
jmo

Emphasis added.

Excellent point about "attempting".
Could just be referring to him turning the phone off or it could mean he attempted but was not successful (which they could have found out later).
I lean toward what was said in the PCA since BT referred to it, and that was time appropriate to the Motion being argued.
jmo

 

[Balthazar]

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?

It appears he had a personal phone and a phone for his work at WSU. If you have 2 separate phones and keep work separate from your private life, it is very easy to have two clouds and two cloud id's. This is not unusual. Many jobs require this, often for security reasons.

 

[katydid23]

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

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.

 

[Mr.Dandy]

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?

I have two iPhones on two different networks, same iCloud. On top of that, I receive texts on both phones at the same time because of iMessage…But in order to have two iCloud accounts, you’d just have to use a different email.