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Old 05-08-2024, 07:22 PM
 
17,618 posts, read 16,789,226 times
Reputation: 29552

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Quote:
Originally Posted by HelloKitty76 View Post
in the last hearing the lead counsel for the defense said that they only have bits and pieces of the surveillance footage from around the house that doesn't include the audio and they are still waiting on LE to give them the whole video with synced up audio. Yeah I know that we don't know everything that the police have but why can't the defense get the whole video with sounds. Moscow PD has lied in the past about about not having body cam footage of an arrest because and then one year later they produce the body cam footage but without audio. This arrest involves the grand kids of Pastor Wilson of the Christ Church in Moscow. The son of Pastor Wilson is suing the two officers involved in that arrest, a former city lawyer and Bill Thompson and some others.
The defense has been playing games by offering an open ended "alibi" rather than specifics of where BK was that night when he was allegedly driving around "star gazing" on a cloudy, foggy night.

A specific alibi hasn't been offered for a reason. The defense wants the prosecution to show it's hand so that BK can look at what they've got on him and tailor himself an alibi. The prosecution isn't having it.
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Old 05-08-2024, 08:59 PM
 
417 posts, read 281,378 times
Reputation: 347
Quote:
Originally Posted by springfieldva View Post
The defense has been playing games by offering an open ended "alibi" rather than specifics of where BK was that night when he was allegedly driving around "star gazing" on a cloudy, foggy night.

A specific alibi hasn't been offered for a reason. The defense wants the prosecution to show it's hand so that BK can look at what they've got on him and tailor himself an alibi. The prosecution isn't having it.
He wasn't star gazing that night but he was driving around. The part about him star gazing was trying to explain that him being at the park that night wasn't just something that all of sudden but was a habit of his that started when he moved to that area once he discovered that park. The alibi doesn't state that the was stargazing that night but that he was driving through that area. I agree there is a reason that the defense hasn't given a specific alibi but basically based on the law he doesn't have an alibi and he isn't required to use an alibi defense. They also have a cell phone expert that has worked with the FBI and other LE and is former LE, that willing to testify that BK was 40 minutes from the 1122 KING RD the morning of the crime based on what he found when he looked at BK's cell phone. Officer Payne spoke with an FBI CAST expert, before the suspect was arrested. So where is the CAST report and the judge ruled back in June that the state had a July 2023 deadline and they only submitted a "draft" of the FBI CAST, so where is the 'final" FBI CAST report. Another thing is the LE keeps moving the moving the time line. At first the coroner Said that the crime happened after 2 AM and then when they did the press conferences it was at 3 am and when the PCA was unsealed in Jan 2023, it was 4 am to 4:25 am. SMH. Just wild.
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Old 05-08-2024, 09:34 PM
Status: "This too shall pass. But possibly, like a kidney stone." (set 11 days ago)
 
35,994 posts, read 18,280,610 times
Reputation: 51061
Quote:
Originally Posted by HelloKitty76 View Post
yeah I saw that but eye witnesses are not very reliable and she gave a very general description of the suspect that matches a lot of men. also the suspect is taller than 6 feet and the witness is 5'10" herself. The suspect that was arrested doesn't have bushy eyebrows. There are no victims DNA found in his apartment, his car, his office and his parent's house in PA.

In the two hearings about the survey that was being conducted by the defense the prosecutor and the judge confirmed that the suspect never stalked the victims in person nor online on social media.
Bryan Kohberger is 6 feet tall, 185 pounds, with bushy eyebrows.

I don't understand how you don't think that meets the witness description, which was:


D.M. described the figure as 5' 10” or taller, male, not very muscular, but athletically built with bushy eyebrows
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Old 05-08-2024, 11:23 PM
 
17,618 posts, read 16,789,226 times
Reputation: 29552
Quote:
Originally Posted by HelloKitty76 View Post
He wasn't star gazing that night but he was driving around. The part about him star gazing was trying to explain that him being at the park that night wasn't just something that all of sudden but was a habit of his that started when he moved to that area once he discovered that park. The alibi doesn't state that the was stargazing that night but that he was driving through that area. I agree there is a reason that the defense hasn't given a specific alibi but basically based on the law he doesn't have an alibi and he isn't required to use an alibi defense. They also have a cell phone expert that has worked with the FBI and other LE and is former LE, that willing to testify that BK was 40 minutes from the 1122 KING RD the morning of the crime based on what he found when he looked at BK's cell phone. Officer Payne spoke with an FBI CAST expert, before the suspect was arrested. So where is the CAST report and the judge ruled back in June that the state had a July 2023 deadline and they only submitted a "draft" of the FBI CAST, so where is the 'final" FBI CAST report. Another thing is the LE keeps moving the moving the time line. At first the coroner Said that the crime happened after 2 AM and then when they did the press conferences it was at 3 am and when the PCA was unsealed in Jan 2023, it was 4 am to 4:25 am. SMH. Just wild.
He either gives an alibi or he doesn't. His call. So far he has not offered one. He either has an alibi or he doesn't. He doesn't get to look at all of the evidence against him and then craft an alibi.

They have noise of the crimes caught on the neighbor's security camera along with other camera footage and cell data. They know when the crimes happened. The coroner spoke early on with an estimate of the time of death - after 2am is an estimate and 4am to 4:25am is not inconsistent with her estimate.
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Old 05-09-2024, 02:41 PM
exm
 
3,747 posts, read 1,810,828 times
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I am a firm believer in 'due process' and 'innocent until proven guilty'. However, there seems to be so much strong evidence here that BK is guilty. Even with due process, I don't understand the doubters here.
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Old 05-12-2024, 12:12 PM
 
2,084 posts, read 912,619 times
Reputation: 3468
Quote:
Originally Posted by HelloKitty76 View Post
He wasn't star gazing that night but he was driving around. The part about him star gazing was trying to explain that him being at the park that night wasn't just something that all of sudden but was a habit of his that started when he moved to that area once he discovered that park. The alibi doesn't state that the was stargazing that night but that he was driving through that area. I agree there is a reason that the defense hasn't given a specific alibi but basically based on the law he doesn't have an alibi and he isn't required to use an alibi defense. They also have a cell phone expert that has worked with the FBI and other LE and is former LE, that willing to testify that BK was 40 minutes from the 1122 KING RD the morning of the crime based on what he found when he looked at BK's cell phone. Officer Payne spoke with an FBI CAST expert, before the suspect was arrested. So where is the CAST report and the judge ruled back in June that the state had a July 2023 deadline and they only submitted a "draft" of the FBI CAST, so where is the 'final" FBI CAST report. Another thing is the LE keeps moving the moving the time line. At first the coroner Said that the crime happened after 2 AM and then when they did the press conferences it was at 3 am and when the PCA was unsealed in Jan 2023, it was 4 am to 4:25 am. SMH. Just wild.
Criminal defense attorney, Andrea Burkhart [discovered via Emily D. Baker], has some thoughts.

She has been attending the hearings.

May 7, 2024
The biggest takeaway from Thursday's hearing is that the FBI is not cooperating with discovery. I talk about what they are not providing, the Touhy process, and what it means for the case.



https://www.youtube.com/watch?v=VAPD-hXLoOM

.
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Old 06-03-2024, 03:22 AM
 
2,084 posts, read 912,619 times
Reputation: 3468
MAY 31

Defense for defendant Bryan Kohberger signals evidence challenges in Idaho murder case

> State prosecutors in the University of Idaho student homicide case relied on a federal grand jury to obtain dozens of subpoenas to build their case against suspect Bryan Kohberger, it was revealed for the first time at a hearing Thursday.

> Kohberger’s public defense team said it wants the subpoenas themselves and demanded that the judge in the case order the state — and the federal government acting on its behalf — to turn them over. The federal grand jury, overseen by the U.S. Attorney’s Office, led to what could prove to be pivotal evidence at trial and is included in the probable cause affidavit for Kohberger’s arrest, the defense said.

> The prosecution contacted the U.S. Attorney’s Office about the subpoenas, and was told they won’t be turned over

> Among other pieces of evidence Kohberger’s defense said they’re still due from prosecutors are some highly technical cellphone tower data and reports, missing work product from Moscow police detectives and FBI investigators, and all other information that the state relied upon for each affidavit used to justify all warrants.

> “That’s like a big one,” Judge quipped.


https://www.idahostatesman.com/news/...288862752.html

I watched the hearings. There is so much missing discovery. A year & a half later. This isn't looking good for Mr. Bill. If the prosecution doesn't provide discovery then they won't be able to use it @ trial.

When he was arrested Kohberger was quoted as saying he "looked forward to being exonerated."

.
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Old Today, 08:31 AM
 
417 posts, read 281,378 times
Reputation: 347
Quote:
Originally Posted by MissPickel View Post
Criminal defense attorney, Andrea Burkhart [discovered via Emily D. Baker], has some thoughts.

She has been attending the hearings.

May 7, 2024
The biggest takeaway from Thursday's hearing is that the FBI is not cooperating with discovery. I talk about what they are not providing, the Touhy process, and what it means for the case.



https://www.youtube.com/watch?v=VAPD-hXLoOM

.
I agree that this isn't a good look for the prosecution that so much discovery hasn't been turned over to the defense from the prosecution. Bill is very quiet these last few hearings too.

Thank you for posting. I watched this live by Andrea and it was very helpful with following this case. Yeah I heard that Andrea had been to a lot of the hearings for this case, good for her.


These last two hearings for this case were very interesting. I like the expert for the defense.


Cellphone expert testifies missing data benefits University of Idaho murder suspect

Sy Ray, a cellphone tower analyst, said at an evidence hearing that what he has seen so far appears to be "exculpatory" to Bryan Kohberger, although that could change.

May 30, 2024, 5:54 PM CDT / Updated May 31, 2024, 4:05 PM CDT
By Erik Ortiz

https://www.nbcnews.com/news/us-news...der-rcna154768

A cellphone analyst suggested at a pretrial hearing Thursday that he has been stymied by law enforcement's disorganized data collection and recordkeeping in the case against Bryan Kohberger, the graduate student accused in the fatal stabbings of four Idaho college students.

Sy Ray, whom Kohberger's defense team plans to call as an expert witness at trial, said his review of the evidence provided by the FBI and police so far shows not all of the cellphone data extracted from Kohberger's phone around the time of the murders in 2022 was mapped.

It is a terrible practice to justify probable cause with these very detailed call detail records that give breadcrumb-like trails for individuals and then not map it," Ray said.

"Because of the piecemealing of the data, because of the missing data, because of the data I'm reviewing that is incredibly inaccurate, everything that is missing is absolutely in benefit of the defense right now," Ray testified, adding, "There are other reports that are missing that I can't tell you are benefiting of Mr. Kohberger or the state."

He added that it's unclear why certain data is unavailable: "Is this human error? Is it accidental? Is it intentional?"

Thursday's testimony was part of an ongoing attempt by the defense to ask the judge to compel prosecutors to turn over certain evidence in the discovery phase. DNA experts were expected to be called during a later hearing closed to the public. Prosecutors have argued that they aren’t purposefully withholding information.
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