4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #98

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  • #641
Regardless of the case at hand, I was really shocked to see confirmation from both sides that authorities do indeed violate the TOS of ancestry genealogy services.
There had been hints at that beforehand but this hearing really confirms it. Again, I'm not talking about BK or the implications for this case, but generally speaking, I don't think this is ok.
I don't know about unconstitutional but it is definitely unethical IMO. The "opt in/out" option might as well be removed if it's just going to be ignored/circumvented by authorities.
It doesn't really upset me that the FBI would ignore an 'opt out' in order to find a brutal killer.

Just because a family member checks a box saying 'please don't investigate any of my family in the future' , that doesn't mean those killers should walk free from investigation.

Do we have the right to cover for murderous family members just because we want to? I don't think so.
 
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  • #642
Curious when AT will have a serious talk w/Bryan how perhaps he may need to reconsider the route chosen. He's been the driving force behind the defense circus. moo
 
  • #643
All MOO

Just something that doesn't make any sense is why does Defense want IGG hearing open to public and State said no? If it was all done correctly and holds any merit, it should be open.

MOO
 
  • #644
  • #645
Curious when AT will have a serious talk w/Bryan how perhaps he may need to reconsider the route chosen. He's been the driving force behind the defense circus. moo

All MOO

Both of BK's lawyers have made it point to tell the world they believe BK is innocent so I don't see that happening.


MOO
 
  • #646
It doesn't really upset me that the FBI would ignore an 'opt out' in order to find a brutal killer.

Just because a family member checks a box saying 'please don't investigate any of my family in then future' , that doesn't mean those killers should walk free from investigation.

Do we have the right to cover for murderous family members just because we want to? I don't think so.
The State did not concede FBI error. I think AT is drawing on conflation.

As if, by using popular ancestry sites where opting in and out is real, the FBI was automatically engaged in sonethibg sketchy.

Let's say that the popular site has ten branches and on those branches twenty names and of those twenty names, even half opted out, there are still ample branches and leaves to narrow kinship. So, while maybe the FBI went outside its normal protocol to run DNA through an opt in/opt out source, they could have done so without violating any opting out.

(Consider: IF BK did submit his own DNA to a similar site but opted OUT, LE would still get an indication of kinship without ever invading his privacy as a consumer of that site. It might produce familial matches to cousins, siblings, parents, etc.)

IMO AT isn't going to get traction on her arguments. DNA testing has been around for decades; all that's changed is access to it. It's now commercialized.

It's still his DNA.

And she can't get it off the sheath.

JMO
 
  • #647
All MOO

Both of BK's lawyers have made it point to tell the world they believe BK is innocent so I don't see that happening.


MOO

Defense attorneys represent guilty clients everyday. They plead guilty clients as not guilty everyday. They argue in court that their guilty clients are innocent everyday.
I don’t think any of that necessarily means they believe their client is not guilty and they certainly aren’t going to argue in court that their client’s innocent then walk outside and say they know their guilty.
I tend to believe BK’s attorney’s are driven by BK’s insistence that he is not guilty and he is the smartest guy in the room. I think they also are driven by the fact this is a death penalty case and they are trying to save his life.
I do not particular think they believe that BK is innocent.

Opinion
 
  • #648
And why would he turn his phone off? I've heard people say that maybe he had a low battery. Who doesn't have a car charger?

I don't, but i always keep my phone charged and I don't go out stargazing in my car at all hours of the night so there's that :D

Tbf, I probably would have a car charger if I went any kind of distance but I rarely do and am very unlikely to be out long enough for my phone to die.
 
  • #649
That's Ashley Jennings, Deputy Prosecuting Attorney. She's been there from the get go, always beside BT.

Has spoken in motions before. IIRC she did a stellar job in MTC x4, late May 2024. I like her because she is clear, thorough and prepared and also capable of responding to the unexpected from judge in a logical and clear manner. I like her style.


All MOO

But wow I couldn't disagree more. Jennings looked and sounded like she has no idea what she was doing. I feel like even Hippler was trying to give her an opportunity not to embarrass herself. “Mr Thompson, will Ms Jennings be covering everything or….?

All MOO
 
  • #650
@kfixler

ICYMI — Before Friday evidence hearing for #BryanKohberger, here's what happened yesterday in #Idaho4 case. The defense and prosecution said the @FBI did #DNA-IGG on 4 ancestry websites, and broke terms of service on 2, but is that a constitutional issue?


Out of interest, did they disclose which of those 4 sites gave them the hit? If it was one-of the two that are open and not opt in, isn't their argument still irrelevant?
 
  • #651
I don't, but i always keep my phone charged and I don't go out stargazing in my car at all hours of the night so there's that :D

Tbf, I probably would have a car charger if I went any kind of distance but I rarely do and am very unlikely to be out long enough for my phone to die.
My car's built-in charger has never worked very well, so I don't use a car charger either. I try to always keep my phone fully charged, but every once in awhile that isn't the case.
 
  • #652
I can whittle yesterday down: Judge, my client didn't mean to leave his DNA at the crime scene, he meant to leave it in his car, where LE would have needed a search warrant to locate it, so.... could we just skip DNA analysis altogether?

I can't believe she's trying to assert that DNA left at a crime scene is equal in weight to anyone's DNA and therefore testing DNA left at a crime scene is somehow unconstitutional. Good luck with that.

JMO
 
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  • #653
Court is live.

 
  • #654
Live feed is on.
 
  • #655
It doesn't really upset me that the FBI would ignore an 'opt out' in order to find a brutal killer.

Just because a family member checks a box saying 'please don't investigate any of my family in the future' , that doesn't mean those killers should walk free from investigation.

Do we have the right to cover for murderous family members just because we want to? I don't think so.
Good points. I know people have to have their rights protected. However IGG is here to stay and I think law enforcement should be able to use it to help apprehend murderers and rapists. For this reason I don't believe people should have an opt out option if they use IGG services. And IGG companies cannot guarantee that imo, if le is able to get a warrant at some point anyway if IIUC.

But privacy laws/specific legislation needs to be in place to ensure that when le are conducting IG for these specific purposes, the family tree info developed is not exposed. From what I understand there are many safeguards already in place...ie once a suspect/suspects are identified through the IGG process, there can be no PC for arrest until suspect is shown to be a DNA match with the crime scene sample. This is what happened in this case via BK dad DNA comparison with the snap button forensic sample - donor of trash DNA sample was the father of the person who left their DNA on the snap. Enough to clinch PC and make the 'traditional' direct match via his buccal swab.

I am glad the fbi did what they had to do to develop a substantial lead in this case and identify a viable suspect -BK. Imo, it would be unethical to not do everything possible to find a violent and dangerous perpetrator, sooner rather than later. Jmo.
 
  • #656
Starting with the AT&T warrant (and subsequent CAST report)...

CAST is the new DNA so I'm not surprised the Defense wants that deep-sixed too.

JMO
 
  • #657
All MOO

Both of BK's lawyers have made it point to tell the world they believe BK is innocent so I don't see that happening.


MOO
Yes, which makes them the same as pretty much every lawyer ever.
 
  • #658
  • #659
  • #660
Just a quick reminder -- this isn't a Frank's hearing. This is a hearing for the Defense to attempt to convince the Court a Frank's hearing is even in order.

Big hill.

JMO
 
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