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

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  • #861
sunshineray said:
The PCA states BK was stalking the house for weeks.

"Kohberger had allegedly been stalking the King Road home for weeks, according to the probable cause affidavit."

That, IMO, just doesn't happen for no reason, especially in that more out of the way area. Again IMO, that gives weigh to KG's family member claims that she also saw what MM's online outlet researchers saw, BK's numerous Instagram accounts following the two and/or three female victim's living in the house that he was allegedly stalking.

View attachment 554317

Since there's now a wide-ranging gag order in place only the filings, hearings and trial will tell the public the full story. The defense can claim there's absolutely no connection between BK and his victims but it seems it's likely there is one. I do not believe the people who saw these accounts interaction with the victim's accounts are lying and since there are numerous credible reports of the same info being seen, it's most likely correct info. That's AJMO



people.com

Bryan Kohberger Followed All 3 Female Idaho Victims on Instagram: Source

Bryan Kohberger is accused of murdering Madison Mogen, Kaylee Goncalves, Xana Kernodle and Ethan Chapin
people.com people.com
Click to expand...
WOWSA ! Where did this Instagram identities info come from?? I’m shocked . M
 
  • #862
Trebor5591 said:
Wait..are you telling us that LE did not have a Pennsylvania search warrant before entering his parent's Pennsylvania home and arresting him in the middle of the night???? Unbelievable (IMO)!
Click to expand...
The D argues this in their MTS Lamsden:

III. Pennsylvania Law Enforcement Violated Mr. Kohberger’s Fourth Amendment Rights by Entering and Searching His Parents’ Home without a Valid Local Warrant.

Pennsylvania courts require a warrant for a particular residence to go after a person police are aware has an arrest warrant. Commonwealth v. Romero, 183 A.3d 364 (Pa. 2018). The need for a warrant for a fugitive from another State is codified in 42 Pa.C.S.A. §§ 9128, 9129. Without a Governor’s warrant, an officer can get a judicial warrant to permit entry into a home. See 42 Pa.C.S.A. § 9134. Without either type of warrant, an officer lacks this authority. See 42 Pa.C.S.A. § 9135. This understanding also comports with Payton v. New York, 445 U.S. 573, 602 (1980). a. The Idaho arrest warrant could not have given police in Pennsylvania the authority to enter the home.

State warrants have no extraterritorial effect. State v. Bradley, 106 Idaho 358, 360 (1983). The use of an out-of-state warrant is ipso facto a warrantless entry. Id. Thus, law enforcement in Pennsylvania could not rely on the existence of the Idaho arrest warrant to enter the home.1

footnote
1Note, there is an Idaho Court of Appeals decision, State v. Branigh, 155 Idaho 404 (Ct.App.2013), that seems to be counter to the holding in Bradley. The Branigh court, however, never mentions or analyzes Bradley, and does not appear to be aware of it. The holding in Branigh could not have overruled Bradley, and thus it remains governing law in this state.

Page 9

Under facts MTS Lamsden: Page 3

2) On December 29, 2022, at 4:44 PM EDT (1:44 PDT), a Magistrate in Pennsylvania issued a search warrant for 119 Lamsden Dr., Chestnut Hill Twp., Monroe County, the home of Mr. Kohberger’s parents. (Exhibit A)

3) On December 29, 2022, at 2:22 PM PDT, the Magistrate in this matter signed an arrest warrant for Mr. Kohberger in Latah County. The affidavit for the warrant was signed by Moscow Police Department Sgt. Blaker. (Exhibit B)



Criminal complaint PA December 30 2022

The States Objection is sealed

The D reply to Objection focuses on no knock


jmo
 
  • #863
foreverlennon said:
WOWSA ! Where did this Instagram identities info come from?? I’m shocked . M
Click to expand...
I think it originated with KG's sister the day BK was arrested, she went looking online for him.
 
  • #864
Nila Aella said:
The D argues this in their MTS Lamsden:

III. Pennsylvania Law Enforcement Violated Mr. Kohberger’s Fourth Amendment Rights by Entering and Searching His Parents’ Home without a Valid Local Warrant.

Pennsylvania courts require a warrant for a particular residence to go after a person police are aware has an arrest warrant. Commonwealth v. Romero, 183 A.3d 364 (Pa. 2018). The need for a warrant for a fugitive from another State is codified in 42 Pa.C.S.A. §§ 9128, 9129. Without a Governor’s warrant, an officer can get a judicial warrant to permit entry into a home. See 42 Pa.C.S.A. § 9134. Without either type of warrant, an officer lacks this authority. See 42 Pa.C.S.A. § 9135. This understanding also comports with Payton v. New York, 445 U.S. 573, 602 (1980). a. The Idaho arrest warrant could not have given police in Pennsylvania the authority to enter the home.

State warrants have no extraterritorial effect. State v. Bradley, 106 Idaho 358, 360 (1983). The use of an out-of-state warrant is ipso facto a warrantless entry. Id. Thus, law enforcement in Pennsylvania could not rely on the existence of the Idaho arrest warrant to enter the home.1

footnote
1Note, there is an Idaho Court of Appeals decision, State v. Branigh, 155 Idaho 404 (Ct.App.2013), that seems to be counter to the holding in Bradley. The Branigh court, however, never mentions or analyzes Bradley, and does not appear to be aware of it. The holding in Branigh could not have overruled Bradley, and thus it remains governing law in this state.

Page 9

Under facts MTS Lamsden: Page 3

2) On December 29, 2022, at 4:44 PM EDT (1:44 PDT), a Magistrate in Pennsylvania issued a search warrant for 119 Lamsden Dr., Chestnut Hill Twp., Monroe County, the home of Mr. Kohberger’s parents. (Exhibit A)

3) On December 29, 2022, at 2:22 PM PDT, the Magistrate in this matter signed an arrest warrant for Mr. Kohberger in Latah County. The affidavit for the warrant was signed by Moscow Police Department Sgt. Blaker. (Exhibit B)



Criminal complaint PA December 30 2022

The States Objection is sealed

The D reply to Objection focuses on no knock


jmo
Click to expand...
I think it doesn't affect the DNA retrieval though, correct?
 
  • #865
sunshineray said:
Wow sure sounds like he was having some anger issues starting in late September. Was this his first semester at Washington State?
Click to expand...
Yes, it was his first semester as a PhD candidate and first semester at WSU. Being a TA can be very trying to someone who is not used to having to balance their time. It takes a minimum of 20 hours a week - longer if the TA is not anticipating needs ahead of time. That time takes away from dissertation research and if you are not used to balancing multiple projects/work tasks, it can be daunting. Because it slows dissertation research, your subject matter can become out of date before you even get to publish it. And...we don't know if BK was intending on a career in academia or real world LE. So whatever his plan was, that could feed into the problems he was struggling with.
 
  • #866
  • #867
mrjitty said:
i kind of disagree he was careful.

He created digital evidence of driving around in the middle of the night such that he now requires an absurd alibi.

These clowns always make the mistake of turning their phone off at crime time then turning it back on afterwards.
Click to expand...
I'm guessing he was careful about getting rid of his internet history, but yeah I agree he wasn't so careful to avoid creating cell site location data that might connect him, not to mention the suspect gap at the time of the crime. He could control his internet history to some extent after creating it imo, not so much his phone pings.

When I try to imagine BK's mind set, I've wondered if on ...X... number of occasions if/when casing house prior to the murders, he was (in his head) "just watching" and fantasising; so the phone stayed on and pinged away. Commitment to go further was not yet formed/was still fantasy. All my own speculation.

But on the night of the crime I think BK had already formed an intent to enter the house and kill whilst still in Pullman. He turned the phone off (not aeroplane mode imo) and took it with him (I have one theory for why I think he took his phone but not for this post).

It will be interesting to see what the P has in terms of pre-crime BK CSL data come trial. I actually just read State's objection to Change of Venue for the the first time ( linked below), and it seems clearer to me now the state definitely does categorise BK's pre crime CSL data as potential trial evidence (this doc shows clearly state distinguishes this CSL data from stalking rumours imo). If interested, relevant part is Section iii pp 11-12 re the court record, admissible and inadmissible evidence.

 
  • #868
  • #869
mrjitty said:
i kind of disagree he was careful.

He created digital evidence of driving around in the middle of the night such that he now requires an absurd alibi.

These clowns always make the mistake of turning their phone off at crime time then turning it back on afterwards.
Click to expand...
Yes. Any break from normal patters is damning, as we've seen in plenty of other cases on here. The absence of data can be incredibly strong evidence, just like the presence of data can. He outsmarted himself.
 
  • #870
  • #871
jepop said:
I'm guessing he was careful about getting rid of his internet history, but yeah I agree he wasn't so careful to avoid creating cell site location data that might connect him, not to mention the suspect gap at the time of the crime. He could control his internet history to some extent after creating it imo, not so much his phone pings.

When I try to imagine BK's mind set, I've wondered if on ...X... number of occasions if/when casing house prior to the murders, he was (in his head) "just watching" and fantasising; so the phone stayed on and pinged away. Commitment to go further was not yet formed/was still fantasy. All my own speculation.

But on the night of the crime I think BK had already formed an intent to enter the house and kill whilst still in Pullman. He turned the phone off (not aeroplane mode imo) and took it with him (I have one theory for why I think he took his phone but not for this post).

It will be interesting to see what the P has in terms of pre-crime BK CSL data come trial. I actually just read State's objection to Change of Venue for the the first time ( linked below), and it seems clearer to me now the state definitely does categorise BK's pre crime CSL data as potential trial evidence (this doc shows clearly state distinguishes this CSL data from stalking rumours imo). If interested, relevant part is Section iii pp 11-12 re the court record, admissible and inadmissible evidence.

Click to expand...
I love this thinking, and it goes to someone else's post earlier about perhaps purchasing the knife on Amazon. The plan may not have been formulated yet, so there's evidence if you look back far enough.
 
  • #872
No worries about his precious education being interrupted. He should be able to complete his requirements in ID state penitentiary, unless DP interferes. One might think he’d earned his PhD by now, given all the personal hands-on experience he has gained up to this point. Maybe award him an honorary one? ;)
 
  • #873
Trebor5591 said:
Wait..are you telling us that LE did not have a Pennsylvania search warrant before entering his parent's Pennsylvania home and arresting him in the middle of the night???? Unbelievable (IMO)!
Click to expand...

Police are human and all processes contain errors.
That has been the defense strategy - attack the processes of arrest.
MOO He is guilty, as there is no reasonable explanation for his DNA, car model, lack of alibi and phone going offline during murder window.
Only procedural errors can get him off. It will be a sad thing if she is successful at getting him off.
 
  • #874
Swansee said:
I think what a lot of posters struggle with is that in a way, we want there to have been stalking, or some kind of prior contact, because that would make the senseless horror of these killings make just a little bit more sense.
Unfortunately the fact is that there has not been a single concrete element from an LE source to show stalking, or even actual prior contact whether IRL or online. Not one.
Please spare me Blum's drivel. It may be "allowed" here, but IMO it is completely irrelevant and has done nothing but promote inaccuracies, to put it mildly.
The PCA was worded ambiguously enough to leave the impression that pings showed prior visits by BK to the house. This was debunked by the Prosecution's own footnote mentioned in the posts above. He went to the general Moscow area 12 times, not to the specific neighborhood of the house.
Then there was the G family statement about social media contact, but that turned out to not actually be a true BK account: anyone looking at the Garrett Discovery report can easily see for themselves that this was a bot account.
The Mad Greek stuff was no more than rumor and conjecture and there is no reason to believe that an encounter there ever happened.
So we are left with nothing.
The lack of evidence of prior contact does not mean BK is innocent (extra bolded for those who seem to have trouble dissociating the two statements).
Sometimes a killer enters the home of complete strangers to murder them. The Bundy example has been given several times. IMO if BK is guilty it is one of those types of situations.

The one tiny detail that continues to bother me is that little step in the hallway outside DM's bedroom. IMO in a darkened house, an intruder who is unfamiliar with the inner layout of the floor and especially if they suffer from VS, would probably have missed it and tripped up there. This wasn't mentioned by DM, at least in the snippet of her testimony relayed by Payne in the PCA.re
Click to expand...
 
  • #875
Regarding the little step, my conjecture is that BK had been in that house many times before. Whether as a partygoer or as a creeper.
 
  • #876
INfisherman said:
No worries about his precious education being interrupted. He should be able to complete his requirements in ID state penitentiary, unless DP interferes. One might think he’d earned his PhD by now, given all the personal hands-on experience he has gained up to this point. Maybe award him an honorary one? ;)
Click to expand...
I think a school has to accept them into their program first. I doubt they’d want to. Besides there are certain requirements he would need to fulfill but would never be able to .
 
  • #877
foreverlennon said:
Regarding the little step, my conjecture is that BK had been in that house many times before. Whether as a partygoer or as a creeper.
Click to expand...
I think he would have stuck out like a sore thumb had he been in that house as a partygoer, and that doesn't strike me in regards to his personality. We had that bar owner who indicated that he was quiet (I'd say shy), until he had a few, then he became a creep (as his confidence and arrogance increased).

I can imagine him peaking in windows though, and creeping around in close proximity to the house.
 
  • #878
sunshineray said:
I think it doesn't affect the DNA retrieval though, correct?
Click to expand...
The following objections are also in regards to the application of a ID arrest warrant in PA and do impact DNA retrieval from BK after his arrest and unlawful use of IGG:




Next, we see this document, which leads me to wonder if the State has thrown in the towel?

My questions are:
20 of 25 expert opinion reports are missing. Why wouldn't the state turn in all of that is required of them? They have ONLY had 2 years to put this together.

Also why are there prosecution expert witnesses testifying about things observed by other prosecution expert witnesses, rather than the original prosecution witness testifying? It makes me wonder if the original prosecution witnesses have all retired or is there some disagreement about the meaning of the evidence so that secondary prosecution witnesses were sought to replace original prosecution witnesses whose opinions were adverse to the prosecution's case?

Has this placed Judge Hippler in the position of having to make an unpopular but legally ethical decision?

And there are other anomalies in the legal documents, which I find quite concerning.

We will have to wait and find out what the Judge makes of all of this.

All JMO.
 
  • #879
Trebor5591 said:
In my opinion, his printed name and signature looks like it was made by a child!

View attachment 555721
Click to expand...
Some people's writing stays like that. My forty one year old brother's handwriting stayed the way it looked when he first started cursive in primary school - like printing with very straight diagonals connecting the letters. It literally looks the same as when he was ten years old.

MOO
 
  • #880
Balthazar said:
The following objections are also in regards to the application of a ID arrest warrant in PA and do impact DNA retrieval from BK after his arrest and unlawful use of IGG:




Next, we see this document, which leads me to wonder if the State has thrown in the towel?

My questions are:
20 of 25 expert opinion reports are missing. Why wouldn't the state turn in all of that is required of them? They have ONLY had 2 years to put this together.

Also why are there prosecution expert witnesses testifying about things observed by other prosecution expert witnesses, rather than the original prosecution witness testifying? It makes me wonder if the original prosecution witnesses have all retired or is there some disagreement about the meaning of the evidence so that secondary prosecution witnesses were sought to replace original prosecution witnesses whose opinions were adverse to the prosecution's case?

Has this placed Judge Hippler in the position of having to make an unpopular but legally ethical decision?

And there are other anomalies in the legal documents, which I find quite concerning.

We will have to wait and find out what the Judge makes of all of this.

All JMO.
Click to expand...
This is all standard stuff, and we see it in every major case. The fact that the media isn’t going crazy over any of the defense claims, means there’s nothing to be concerned about.

Everything tends to change once you read the prosecution response.

Nothing will come of this. It’s nothing new.
 
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