I don't think it was, not at all. But I was pointing out this is what D is trying to argue in their MsTS and Franks ATM ( some sort of violation of constitutional rights perhaps illegal was wrong word). MsTS hearings coming up on 23rd Jan.
There will be legal challenges to come surrounding what rights one gives up when you join one of the genetic genealogy sites, and how LE uses site data, it goes to the people who are found on a family tree who never submitted there DNA and are found due to a connection to somebody who did upload there DNA,
I doubt it will overturn how IGG is used. It's established science now and widely used. The methods are Gold Standard. If it were overturned, it would overturn many, many convictions in this country- including the one of my cousin's murderer. I don't see it happening.
Through the cellular experts/Sy Ray. But jmo, it benefits BK to have that nonsensical non-alibi put forward to a jury in just that manner, almost clinically sterile, and borrowing against the credibility of the expert delivering it. If BK gets up there, though, the "alibi" will look as truly ridiculous as it is. JMO, it'll be simultaneously embarassing and repulsive.
I really, really hope this happens. A trial with evidence like this is a farce, jmo. Can the state refuse to give him a plea deal? Does anyone know? If the answer's yes, I'd fear that may well happen. I imagine we'd be aware of that, or...? Based on what I'm seeing so far, it looks to me like the state can reject such an offer. (Not a lawyer.)
BK's team already offered the info about the "alibi," though. So if BK actually did take the stand (which it's almost overwhelmingly likely he won't, jmo), wouldn't it be likely he'd bring that up, since they've made it part of his defense? Plus, P can ask him about what Sy Ray has said, right? So I'm thinking they can ask him what he/BK was doing out at xyz point, perhaps. (Not a lawyer.)
And I daresay there are plenty of meteorologists who can testify to the inability to see any stars that night due to the fog in the area.
The State can refuse a plea offer made by the Defense nor do they have to offer one to the Defendant. JMO
Do they have an alternative suspect, AFAWK?An alternative suspect case is known to be one of the most powerful ways to get a jury to vote for acquittal providing the defense attorney can make sense of what happened including all of the evidence.
There have been studies of the effect of such a defense.
"Participants in all TODDI versions, in which there was an alternative suspect, still believed that the defendant seemed guiltier than any one of the alternative suspects. That is, the TODDI story was never better than the prosecution’s story. Yet, adding one TODDI story decreased the number of participants who rendered guilty verdicts from 73% to 35%, and ratings of the likelihood that the defendant committed the crime decreased as well. Adding the second and third TODDI stories was not statistically significantly better than employing a single TODDI story (although all measures of guilt did decline slightly)."
"The results of the current experiment suggest that in court, the addition of one or more alternative suspects would decrease jurors’ belief in the defendant’s guilt, even when the alternative suspect is not actually believed to be the culprit. (See Tenney, Cleary, & Spellman (2009) for more study details.)"
“This Other Dude Did It!” A Test of the Alternative Explanation Defense
How does a criminal defense attorney argue for a Not Guilty verdict? One strategy is simply to argue that the state’s case is incomplete and has not been proven beyond a reasonable doubt; no more is required. Another strategy is to provide alternative explanations of each piece of evidence...thejuryexpert.com
This is a case where there seems to be a big giant black hole between the time BK's phone was in Pullman to where it was near Genesee after the murders. There does not seem to be a victim identification of BK or any eye witness, video or anything else to place him in Moscow. So, IMO, this is a case where an alternate suspect case could work very well.
I also think that the defense will hit on your 1 - 4 issues as well and the fact that the political pressure was on to make a fast arrest due to UofI Moscow turning into a ghost town in the wake of the murders.
All JMO.
There are whispers on social media of a few potential SODDI scapegoats.
I have a hard time believing that the Supreme Court is going to rule against IGG in this case and let a quadruple murder suspect walk away when they have his DNA on the knife sheath. IDK
Agreed - I think the Defense is trying to paint a picture of LE concentrating solely on BK to the exclusion of all others by raising doubt about the timing of the car model year being expanded and the IGG results being made to intentionally 'fit' BK.
"But then, strangely enough, my car reappeared in my parking spot, and I was able to drive it to the grocery store in Moscow the next morning. "
I think the D would have presented these as a possible SODDI alibi rather than BK just star gazing if there were any legitimacy to them. I believe that the people you mentioned have been investigated and cleared by LE.
I think AT was referring to Sy Ray, when she said some P witnesses would provide alibi evidence. A la BK was really in the big park stargazing, according to the phone evidence, etc?
Once the expert has "established" this "somewhere else," though, and asserted that BK was there, if BK took the stand (which I'm sure he never will), couldn't the prosecutor ask him what he was doing at xyz "established" point?
