Yes.
And AT knows this.
I re-listened to some of the hearing again and lost my mind over one thing and other things and the context of the one thing (her language not mine) and I'm not sure she even knew what she was talking about after a while. She is IMO mastering that art of highlighting a point that's not the point.
Case in point, her argument about the direction a car is pointed, and more than an hour before the crime is committed, no less -- rubbish. Maybe he went the other way, drive around the block to avoid something (oh, I don't know, like maybe police presence in his immediate area). It's evidence of nothing. What possible bearing could that have on a crime that occurred an hour later?
LE thought it was important enough to put in the PCA exhibit. That the car was headed toward Moscow.
This last hearing was about the PCA.
Was the Cast information that was provided to the magistrate false? If so, was it knowingly false?
The car was pointed in the opposite direction, for seven minutes, then the phone stopped reporting. The time the phone stopped reporting was different between the CAST and PCA.
Both sides appear to agree this happened.
Does it matter why?
JMO
For as long as BK was driving with his phone on, IMO the CAST report will show where he was and what he was doing, and there may be some very telling patterns.
For instance, compare:
Let's say on those trips to Moscow, 12 times I think it was, if his phone was on, and it must have been (for LE to know about the trips in the first place), maybe AT is right that he didn't loiter anywhere (no indication he stopped anywhere) and "right" that he wasn't "over there", easily he could have driven near enough to 1122 to satisfy whatever force that drove him to drive himself there.
128:36
AT
but based on those records they absolutely knew that Mr koberger wasn't
around that residence wasn't parked near the residence didn't stop and have his phone in a stationary position at that residence they absolutely knew that that's not what was happening but they put it in there to make a connection that didn't exist they put it in there so that the judge would think that this was the right person and they shouldn't have done that they knew that was incorrect.
AJ
1:59:13
here's what is an Evidence
though uh it and based off of the PC affidavit is that the phone was in the
area for the tower that provides service to the 1122 residence still maintain that's
true regardless none of this has any bearing on the validity of the search warrant their argument is merely a clarification about which member did what work um and and that doesn't matter to the ultimate determination for probable cause
JMO
Perhaps not unlike his loops the night of the crimes.
AT:
1:10:53
the issue with that that's not disclosed to the magistrate is that car appears one time on one video and not any of the others that they try to say are the path it it's not let me see if I can say this right it's not following a consistent Trail where the one camera that can identify the car where it appears again it appears one time and then what law enforcement did was they took several videos from all over the area and said
well it's the same car and we have an identification that's not all the
identification was most comfortably from that FBI agent to be a 2011 to 2013
AJ:
1:58:01
we have an expert who tells us and that's what was relayed in the probable cause affidavit and those opinions haven't changed we're we differ on a few factual
issues I believe there are three towers that provide service to the Moscow area
defendant is
JH here's my concerned with you telling me that at this stage of
things where in the record is that currently apart from anything you may
have submitted after they filed the Frank's motion uh what specifically that there are three towers I believe I referen my response yeah but that doesn't if you give me
evidence and I rely on that evidence then I have to give them a full Franks hearing and so that's why I'm been very clear to say I'm looking at what the proffer is from the defense without evidence submitted by the state to determine whether they have met their threshold burden and so I get concerned when you start telling me things that
are not necessarily part of the evidence understood
AJ we can we can move past the number of towers
JMO
Bet the same thing could be said -- he didn't "stop", he wasn't "over there". But it wasn't aimless.
She's word-smithing.
IMO AT was clear.
they absolutely knew that Mr koberger wasn't
around that residence wasn't parked near the residence didn't stop and have his phone in a stationary position at that residence
It's all that's left when you're defending someone who's guilty.
JMO