Based on the prelim, I think a key battle will be 'where was Barry's truck in the 4am hour?"
We know Barry has a lot of truck activity until 3.49 (driveway). Then it doesn't show up again until 8.10 am at the RTD bus stop. In X of Grusing, Nielson tried to suggest this is consistent with Barry setting his alarm for 4.30am and a 5am departure. A log Nielson relied on, was Barry's phone being 'on charger' state
Q: We know from data captured by Barry's phone that his phone was plugged in at the residence from 10:18 May 9th to 4.23 am May 10th
A: yes
Q: and from approximately 7pm through 3am Barry and Suzannes RTT events are consistent with their phones being at or near the residence
A: that's correct
Q; Barry told law enforcement he set his alarm for 4.30am
[Nielsen then goes on to imply he must have left around 5 based on the later progress]
What I now wonder, based on the indictment, is whether the truck left PP sometime in the 4am hour, and went first to where SM's helmet was found, and then towards Monarch. Then for some reason Barry drove back to PP, before finally departing for Broomfield. But we can't see anything from 3.49-8.10 am because he killed the telematics.
Was BMs phone on the charger in the truck?
My own notes:
4. SMs phone last registers signals quite a way from the home in an arc as if it was struggling to get a good connection. This is around 4.10. Last one around 4.22. See also the AA. Phone 11.5m west of Poncha. To my rough plot, this suggests it was at/near Monarch, assuming it did not go miles off road. Important point is that both phones decide to leave home during this critical 30 mins, but this is via different positioning data. SM's is being positioned via cellular. BMs they had the phone so they have his location data. Big coincidence.
5. 4.31am - BM's phone is back home, in airplane mode. IMO the important point here is that even if Barry's phone was "strafing", SMs phone never comes home. Coincidence?
6. 5.37 am BM's phone comes out of airplane mode turning in Buena Vista towards Broomfield. Tracks intermittently on the route towards Broomfield. No telematics for any of this. Unclear why.
So basically Grusing's belief is he left home between 3.58 and 4.31 with SMs phone and came back without it.
Why does any of this matter?
1. Barry's phone location data near the bike is low confidence. But it's corroborated by SM's phone positioning during the same 10 mins. It's a hell of a coincidence that both phones appear to be at home for 12 hours, then suddenly leave home together after 4am according to two different positioning systems
2. The Truck disappears during the crucial hour after 3.49. Right before the phones leave. If it was just sitting in the driveway waiting to go to Broomfield, we should have seen door open logs etc around 5am when it was time to go. Instead it is dark until 8.10am. This suggests telematics were killed at 3.49am
3. The combo of missing 14km and location data helped Grusing to get Barry to admit he turned left. This admission is highly incriminating. If he didn't head west why would he have admitted it?
4. Nielson claimed the missing 14 km was a trip to the Spa shop in the afternoon. But there is no phone location data or telematics for this AND the bobcat was still loaded.
Being able to disable the telematics clears up the last evidential problems in the case IMO.
All based on my own notes.