4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #92

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IMO this is a game changer. Presumably, BK will claim he was in an area with no service during the murders, which would account for his phone not reporting to the network.
Being out of range vs switched off has very different implications in terms of what the phone can record or not.
Specifically, even if out of range or in airplane mode, things like the gyroscope and accelerometer will still continue to record. However of the phone is switched off, those two cease to function until the phone is switched back on.
If an analysis of the phone data shows no gyroscope or accelerometer activity during the murders, then his alibi falls apart, since that would tell us he switched off the phone.
But if the gyro and accelerometer still show movement consistent with driving during those hours, then his alibi would be confirmed.
 

Attorneys for Bryan Kohberger met the Wednesday deadline to file their client’s alibi defense in the murder case against him in the deaths of four University of Idaho students in November 2022.

In a 10-page filing near the end of the day, Kohberger’s attorneys added extra details about their client’s whereabouts the early morning of the knife attack. “Mr. Kohberger was out driving in the early morning hours of Nov. 13, 2022; as he often did to hike and run and/or see the moon and stars,” the alibi defense filing reads. “He drove throughout the area south of Pullman, Washington, west of Moscow, Idaho including Wawawai Park.”

The document, signed by Anne Taylor, Kohberger’s lead public defender, said the defense plans to call an expert witness in cell tower data to partially corroborate this alibi. The filing added some extra details to an alibi defense previously filed by his defense last year.

Read more at: https://www.idahostatesman.com/news/local/crime/article287785705.html#storylink=cpy
All this time to come up with something reasonably creative, and this is all they could come up with? They had to have bouts of uncontrollable laughter while writing this, I know I did while reading it.

"Yes, he was out that night (which they can't refute), but doing something else." Very original (eyes roll).

"The car on video, that is the exact same make, model and color at the crime scene was just an unbelievable coincidence."

"The fact that the video/cell phone timeline that puts him in the right place at the right time....another unbelievable coincidence"

"The fact that his phone shut off shortly after he left his residence and turned back on shortly after the murders is also just another unbelievable coincidence."

Guess you have to play the hand you're dealt, but my dog could have come up with this.....ahem...."alibi". It's a "BK is, literally, the unluckiest man alive and another victim here" defense and it's patently ridiculous given the known evidence. If he had done this at 4pm, this alibi might have a chance IF they get Casey Anthony's jury, but 4am? Not even reasonably plausible.
 
IMO this is a game changer. Presumably, BK will claim he was in an area with no service during the murders, which would account for his phone not reporting to the network.
Being out of range vs switched off has very different implications in terms of what the phone can record or not.
Specifically, even if out of range or in airplane mode, things like the gyroscope and accelerometer will still continue to record. However of the phone is switched off, those two cease to function until the phone is switched back on.
If an analysis of the phone data shows no gyroscope or accelerometer activity during the murders, then his alibi falls apart, since that would tell us he switched off the phone.
But if the gyro and accelerometer still show movement consistent with driving during those hours, then his alibi would be confirmed.
Undoubtedly LE checked this when they got his phone. The PCA shows how thorough LE was in collecting evidence and verifying it with other evidence. This isn't a game changer, it's a "we've got nothing else" hail mary.

They can pay an expert-for-hire to say anything they want him/her to say, unfortunately for the defense, it doesn't explain any of the other evidence, circumstantial or otherwise.
 
Some information regarding D's expert witness for Kohberger's so called alibi, Mr Sy Ray. Below pertains to one judge's findings in a Colarado case in Oct 2022, updated November 2023. Sy Ray's system/method was utilised by the police and prosecution in this particular case

"Colorado judge finds "sea of unreliability" in cellphone mapping data used by police"

"The judge did not take aim at all cellphone mapping data, which is widely used by law enforcement. Rather his ruling was limited to Trax mapping software from Chandler, Ariz.-based ZetX, which produces aerial maps prosecutors and police use to estimate the location of a defendant’s cellphone during an alleged crime. In 2021, the analytics data corporation LexisNexis acquired ZetX."

"In sum, Trax and its methods have been routinely (and sharply) admonished by the scientific and legal community, and the people haven’t directed the court to any evidence showing otherwise,” Villaseñor wrote in his ruling excluding the use of the Trax technology in the stalking criminal case."

"Villaseñor found that Ray, who did not return telephone messages seeking comment for this article, was not a credible witness."

“He inflated his credentials, inaccurately claiming to be an engineer,” the judge wrote in his ruling, stressing that Ray had testified that he is “more of an engineer than an engineer.”

“As noted, his sole academic degree is an associates, and there’s no evidence that it’s related to engineering. Nor is there evidence that Ray’s taken any engineering classes,” the judge continued. “To be sure, he’s created a booming business and has successfully pitched Trax to several law-enforcement agencies. But a sound business model doesn’t equal an accurate error rate.”

“Most compelling are the complete absence of data to support Trax’s purported error rate and the scientific community’s wholesale rejection of Trax’s methods,” Villaseñor wrote in his ruling, noting that he had found three other rulings from judges rejecting Trax-related evidence or expressing skepticism of that evidence."

Emphasis in quotes above is mine. More details in article.

SY Ray's CV is attached to D's latest Supplemental Response to State's Alibi Demand.
 
Noticing that the so called Kohberger alibi still doesn't unambiguously state his whereabouts at the actual time of the crime/after 4am. Just more irritating vagueness imo and as some others have suggested it smells to me personally like there will be an attempt at plausible deniability with (moo) a dodgy expert' witness. Jmoo but I believe that the ambiguous implication that he was at this park after 4am is a lie and if/when this is directly claimed we will be listening to a manufactured alibi (by BK)...moo ofcourse. Expert witness' cv is dazzling and overpowering without necessarily being all that relevant imo.
 
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