ID - 4 Univ of Idaho Students Murdered - Bryan Kohberger Arrested - Moscow # 64

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I respectfully disagree. No defense attorney in their right mind would go after a surviving victim. It would be seen as victimizing her all over again.
Every defense attorney in America would go after a surviving roommate because she is the only person to see him in the house so they have to discredit her to help their client. The way they will impeach her will be to go after how much she had been drinking that day, did she smoke pot, did she vape - they will impeach her as an eyewitness. They will say the reason she didn't call 911 was because she was too drunk and passed out.
 
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I haven’t see this statement before, but it doesn’t surprise me it was in fact found outside, IMO
Was it leaked?

A shoe print was found in the mud outside the murders house, just outside the sliding door that Mortensen said was used by the killer to escape.

The affidavit didn't state the print was found outside the house. IIRC the print was found inside the house on the second floor outside of DM's bedroom and it seemed to corroborate DM's statement that she witnessed a unknown male in the house and he walked right past her - hence where they found this print.

Makes me wonder about some of the reporting out there...
 
Can't have because DM said in the AFFIDAVIT that she was woken at 4 a.m.


D.M. and B.F. both made statements during interviews that indicated the occupants of the King Road Residence were at home by 2:00 a.m. and asleep or at least in their rooms by approximately 4:00 a.m. This is with the exception of Kernodle, who received a DoorDash order at the residence at approximately 4:00 a.m. (law enforcement identified the DoorDash delivery driver who reported this information).

D.M. stated she originally went to sleep in her bedroom on the southeast side of the second floor. D.M. stated she was awoken at approximately 4:00 a.m. by what she stated sounded like Goncalves playing with her dog in one of the upstairs bedrooms

Possibly texted at 4:20 a.m. Affadavit says that the phone records of both DM and Bethany contribute to the establishment of the murder times as between 4 am and 4:25 am.
 
I’d be a terrible criminal. I’d trip all over myself - forgetting what lie i told when and where i said i did what with with whom. I’d be an absolute MESS! My husband has always said that because I’m terrible at playing even Santa or birthday surprises. I ruin everything because I can’t lie well. & right when i realize i messed up i cover my mouth like oops. & i start to break out in hives in courtrooms like i did something wrong even if i didn’t - jury duty for example. I can’t handle even staying my name for the judge. I FEEL like I’m in trouble just being there.

I COULD, however, sneak in and out places like a ninja. I’m a great tooth fairy
I flush red when I am flustered and if I'm really stressed, my eye will start to flutter, my leg will start to bounce and my hands will shake. I could never be a criminal.
 
Every defence attorney in America would go after a surviving roommate because she is the only person to see him in the house so they have to discredit her to help their client. The way they will impeach her will be to go after how much she had been drinking that day, did she smoke pot, did she vape - they will impeach her as an eyewitness. They will say the reason she didn't call 911 was because she was too drunk and passed out.
You are spot on. Happened to my friend who was kidnapped, raped and taken across state lines. The perps defense attorney brought up everything my friend ever did “wrong” - even her being a cigarette smoker. Re victimized her all over again in court. It’s terrible but they do it all the time. Didn’t work. Perp was convicted and is in for life.
 
It wouldn't have had to have been back and forth texts either. DM could have texted her while she was sleeping. Her phone still would contain that evidence, even if she slept through them.
What if they were using telegram or whattsapp or other encrypted msg'ing apps that most use these days...you would assume they were just normal texts....
 
Dylan saw what she saw, and gave a statement to the police. That is not hearsay. It is herasay that she saw BK. But Dylan's statement does not say that she identified BK. MOO
Before the DA would ever put her on the stand, they would do a line up with men all wearing whatever color mask he had on to see if she can identify him. Plus, we all have to remember that it was probably dark in the house with the exception of the Good Vibes light and the strings of Christmas lights.
 
You are spot on. Happened to my friend who was kidnapped, raped and taken across state lines. The perps defense attorney brought up everything my friend ever did “wrong” - even her being a cigarette smoker. Re victimized her all over again in court. It’s terrible but they do it all the time. Didn’t work. Perp was convicted and is in for life.
And your friend is serving a life sentence too. One with no appeals and no early parole. :(
 
True. I think it’s Bethany who made the 911 call because i think it was Dylan who passed out. I think the neighbors took the phone from Bethany because she was hyperventilating and 911 couldn’t understand her and the neighbors s didn’t know what was in the house so they told 911 there’s an unconscious person (Dylan)

But i still don’t understand why Bethany’s phone was useful in narrowing down the time of the murders.
I wonder if Dylan texted Bethany to say, "did you hear that?" I heard some weird noises. Is everything okay?" I personally can't believe that Dylan didn't have to get up and go to the bathroom between 4 aM and 12 noon.
 
Every defence attorney in America would go after a surviving roommate because she is the only person to see him in the house so they have to discredit her to help their client. The way they will impeach her will be to go after how much she had been drinking that day, did she smoke pot, did she vape - they will impeach her as an eyewitness. They will say the reason she didn't call 911 was because she was too drunk and passed out.
Sadly, I believe this to be true. Only I don't think Dylan is going to claim she saw "him" in the house (vis a vis PCA). So unless the defense are going to try and make her say she saw nobody that night, then my guess is that the attempts at discrediting will be centred on her general description, ie eyebrows and perhaps height and build. So many ways they can and likeey will attempt this, as you say, intoxicated, sleepy, too dark etc. If they attempt to suggest she saw no-one then basically that means they are looking at accusing her of perjury or making a false statement to police. This seems unlikely route to take IMO but possibly might try and argue, why didn't he attack you if you saw him, why he not see you etc or you saw someone else, or you just woke up and were so intoxicated that you hallucinated seeing someone... but I don't think that would really work for defense as too complicated. Someone was there that night who murdered so much easier for defense to just try and discredit her general description, esp eyebrows. MOO
 
Every defence attorney in America would go after a surviving roommate because she is the only person to see him in the house so they have to discredit her to help their client. The way they will impeach her will be to go after how much she had been drinking that day, did she smoke pot, did she vape - they will impeach her as an eyewitness. They will say the reason she didn't call 911 was because she was too drunk and passed out.

I don't think questioning her state of mind or senses at the time of events being witnessed and what she reported to LE is "going after her." Those are questions that should be asked and I'm sure it will be even more traumatizing for her to live through that again but still very important questions that a jury should have answered.
 
IMO, indicative of someone jumping off the balcony perhaps?
I seem to recall that you suggested the balcony escape in the way back.
Given that DM has stated that she saw a man walking outside her door heading toward an exit on the second floor, what would cause him to go back upstairs to jump off the balcony? Or why would he do that?
 
Wonder if any of the food Xana ordered was eaten. That would narrow the timeline, not that it necessarily matters a whole lot, but a jury would like that info.

I don't think it has been made clear that she ordered food. It has been reported that X had ordered a door dash delivery and it came at approximately 4 AM, but Door Dash delivers more than food. Could have been something else.
 
Before the DA would ever put her on the stand, they would do a line up with men all wearing whatever color mask he had on to see if she can identify him. Plus, we all have to remember that it was probably dark in the house with the exception of the Good Vibes light and the strings of Christmas lights.
Yes, I have to admit I have wondered about the light factor. Recall various posters posting on moonlight etc. In all events, I anticipate the DA will take into account a bunch of stuff before making a decision. That won't stop the defense from issuing a supeona though, IMO
 
Reading the quoted material again in context of the article, I think Le Bar may be being disingenous. Dylan's stament does not idenify BK, it is not a statement of identification, just a descriptive statement. Sure, an identification by Dylan iwould be hearsay, but that is not what she purports in her statement. Plus LeBar is not BK's defense attorney any longer ( if Daily M is rehashing a statement from LBar when he was the attorney then scrap that). Complicating my reading of the article is the unknown of how Daily M put together their stories perhaps IMO to suggest a theme/point-IMO this article seems to be questioning Dylan in a blamey type way

No, LaBar is stating the law. EVERYTHING in the PCA is hearsay--for the moment--unless the officer who signed the affidavit saw it with his own eyes. The ex-defense attorney is just stating the obvious: until DM presents her own eyewitness account to a "trier of fact" (a grand jury, a regular jury, or a judge if jury trial is waived by the defendant), it remains "hearsay".

The PCA "author" (I'm sure a team worked on the doc) merely recounts what he "heard" from the surviving witness. It can't be legitimate evidence until she testifies to it under oath.
 
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