What I have such a difficult time with in this case is how he overpowered 4 people relatively quietly - no screaming "who are you?!" or anything despite tons of defensive wounds on a couple of the victims? - and how there was a "bloodbath" yet when one of the surviving roommates saw Xana she thought she was "just passed out".
<modsnip - not victim friendly>
While BK is perhaps guilty in reality, I don't know if I'd find him guilty beyond a reasonable doubt.
1) He has ineffective counsel. 2) The prosecution has been shady every step of the way IMO. I'll leave it at those two. There's more, but you guys get the gist.
The prosecution mentioned in their expert witness disclosure that they were calling a toxicology expert in an effort to explain why multiple victims were unable to fight back. MM and KG were likely stabbed to death in their sleep. Fatal wounds could have been inflicted before either of them knew what was going on.
I believe the only one who offered up resistance was Xana. That would have still likely been a very quick event though (we're talking a combat knife here, and not some kitchen knife like we see in most stabbings).
Xana could have been face down, which would have covered up blood and wounds. Regardless, this doesn't change anything at all in regards to who the killer is.
Although unusual, the roommates behavior also doesn't change anything in regards to who the offender is. They were hammered drunk, and DM obviously wasn't sure if her mind was playing tricks on her. I don't think there's a rational person on planet earth who believes these girls knew a massacre had taken place, and then decided to continue on business as usual. They would have run for their lives.
The evidence against BK is very strong, and that's just from what we know.
His DNA is on the sheath to the murder weapon.
He purchased a matching knife, sheath, and sharpener, all of which are apparently inexplicably missing.
There has never been an easier time in history to verify an alibi, yet BK's phone happens to be off during the murder window. That's an absolutely astounding coincidence.
He drove the same type of car police were interested in, and just so happened to go for a drive in the dead of night, at a time consistent with him being the killer.
He made 23 trips to the vicinity of the scene between the hours of 10pm and 4am.
He made another trip the morning of the murders (I believe they have more evidence in this regard), spent minutes there, turned around and went home, and never made another trip to Moscow ever again.
These cannot possibly be coincidences.
As for his defense, this is a death penalty case, and they are filing motion after motion in order to preserve certain issues on appeal. They have made numerous claims against the prosecution (what you refer to as shady), and not a single one has been supported. Can you explain to me what you're referring to here?
K. Gary Dawson
The Defendant disclosed expert opinions claiming that more than one assailant was
necessary in order to accomplish the homicides in the suggested timeframe offered by the State.
Dr. Dawson will opine that the victim’s intoxication levels would have impaired their ability to
resist, and for certain victims (as detailed in his report) it would have prevented them from
putting up any resistance. These opinions support the argument that less time would have been
needed to commit the homicides. The State submits Dawson’s disclosure complies with I.C.R.
Rule 16(b)(7) and I.R.E. 702, 703 and 705.