ID - 4 Univ of Idaho Students Murdered - Bryan Kohberger Arrested - Moscow # 67

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Mad Hettie said:
I was curious about this phrasing in the warrant from Officer Daniels:

This information is being provided to the court pursuant to my duty and obligation to be fully candid with the court. I do not believe this information is exculpatory for the suspect. However, if the court believes it is exculpatory, then the court should consider this supplemental disclosure in its evaluation of the existence of probable cause, or lack thereof.

But I am specifically asking the court to NOT consider this supplemental disclosure as evidence supporting the existence of probable cause.The reason for this request is that if the dna test results are held inadmissible at some point, such a ruling would not impact the finding of probable cause for this warrant, so long as this court is satisfied as to probable cause regardless of the dna test result.
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Reason being: Should something in the PCA negate a finding of probable cause, the whole arrest and actions thereafter could be dismissed as evidence because of "the fruit of the poisonous tree" ruling. What the officer is pleading in the PCA is should the DNA results be admissable at some point (his words), please let the other evidence satisfy the probable cause.

This was a very, very important pleading, IMO. Shows superb knowledge of the process and the things that can make a case go "south."

All the above just my opinion.
 
schooling said:
The PCA is a hop skip and a jump away from Discovery. There's very little to withhold at this point and time, especially if they think they have their guy.

Information only the perp would know is leveraged during interrogations or confessions. For the latter when a confessor might come seemingly out of nowhere. We are past that.
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Not sure I agree with this in this situation - a smaller crime that isn't national news, sure. The PCA is going to the public on a VERY high-profile case, LE is simply not going to give them every detail that they will give in discovery (not public record). They will only release what they need to arrest him.
 
Ccging said:
Which is odd because in the PCA it says Xana’s door was open, cop saw her from the hallway. So either killer left her door open or one of the roommates opened it.
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Cop got there after the door was opened, which has been part of the discussion for a while. Friends arrive first (then more and more friends, apparently, who mill about outside). Then the police arrive.

The policeman who wrote the PCA doesn't arrive until around 4 pm. (Same time as the Coroner). By then, door has been open for quite some time.

I believe a friend opened it, one of those called by one of the survivors.
 
Copper107 said:
Reason being: Should something in the PCA negate a finding of probable cause, the whole arrest and actions thereafter could be dismissed as evidence because of "the fruit of the poisonous tree" ruling. What the officer is pleading in the PCA is should the DNA results be admissable at some point (his words), please let the other evidence satisfy the probable cause.

This was a very, very important pleading, IMO. Shows superb knowledge of the process and the things that can make a case go "south."

All the above just my opinion.
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Oh! Very interesting. Protecting the whole case.
Thanks!
 
Cindizzi said:

Idaho murders: Police find glove, stained pillow, in Bryan Kohberger's apartment​

In newly released search warrants, documents show police collected up to 15 items in the suspect's Washington apartment.​

e5041b9a-c612-4a36-b8de-6da24ac38d53_16x9.jpg

MOSCOW, Idaho — Police found a black glove, a stained pillow and collected some samples of "dark red" spots from the Idaho murder suspect's Pullman, Washington apartment, search warrants show.

[…]

What they found​


According to a newly unsealed search warrant, police found the following of interest in Kohberger's apartment:
  • One nitrate type black glove
  • One Walmart receipt with a Dickies tag
  • Two Marshalls reciepts
  • Dust container from a vacuum
  • Eight possible hair strands
  • One Amazon Fire TV Stick with a chord/plug
  • One possible animal hair strand, four other possible hair strands
  • One computer tower
  • One collection of a dark red spot, collected without testing
  • Two cuttings from an uncased pillow with reddish brown stains, one stain tested
  • Top and bottom of a mattress cover with multiple stains
Police also searched Kohberger's teaching office at WSU in Wilson-Short Hall, but the records show they did not seize anything from it.
In the search warrant, police were told to seize anything with blood or fluids on it, any dark clothing, any masks, any knives or sharp objects, shoes with a "diamond patterned" sole, data compilations that show anything involving searches of the King Road home or the names of the victims or data that shows interest in planning a murder, electronic devices, passwords, bills and trace evidence from people or dogs.

[…]

Idaho murders: Police find glove, some stains, in Bryan Kohberger's apartment
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Help me understand… why LE would want the Fire Stick?

edit: ignore me
just remembered there’s a web browser on it
 
Veronica Sawyer said:
Help me understand… why LE would want the Fire Stick?

edit: ignore me
just remembered there’s a web browser on it
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It's not only the web browser. It's also the bluetooth devices that connected to or were picked up by the Firestick as it broadcasted availability.

I bet that some earlier rumors were true and Bryan had a bluetooth device (Phone, Car, Something) be picked up by a smart device in or near the house.

They are trying to link the two.
 
eloquence said:
Not sure I agree with this in this situation - a smaller crime that isn't national news, sure. The PCA is going to the public on a VERY high-profile case, LE is simply not going to give them every detail that they will give in discovery (not public record). They will only release what they need to arrest him.
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So where are we disagreeing? I think you're missing the context for my response.

The person I responded to implied that LE is withholding information that only the true killer would be able to give them. A tactic that LE uses to VERIFY someone they suspect was the perp in a crime during a confession or accidental reveal during questioning. I was specifically addressing that.

We are past that point.

I wasn't addressing any other (cited as gamesmanship) means for withholding. Didn't challenge any of those. But if LE is holding on to information at this point hoping Bryan will accidentally corroborate it or reveal it during a confession then that's just silly LOL.

They are confident they have their guy. If they could have drawn a happy face on the PCA and submitted it, they would have.
 
Honeybirdette said:
How does the discovery work? Is the defense entitled to everything they have at that moment in time? Or is anything they find even after the date the discover was filed need to be sent over too?
Can the prosecution hold anything back? Keep any cards to their chest or do they have to send everything ?
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In a word EVERYTHING. Even as more information may become available to the state (prosecutors) they must inform the defense. The defense must know all of the evidence, each side must be informed of the evidence and the witnesses each has. It is in this way their respective cases are prepared. Should prosecution hold back anything that is grounds for a mistrial.

These are my opinions as I never applied to be an expert.
 
Copper107 said:
In a word EVERYTHING. Even as more information may become available to the state (prosecutors) they must inform the defense. The defense must know all of the evidence, each side must be informed of the evidence and the witnesses each has. It is in this way their respective cases are prepared. Should prosecution hold back anything that is grounds for a mistrial.

These are my opinions as I never applied to be an expert.
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The prosecution must share everything that they will be using in court.
 
Copper107 said:
In a word EVERYTHING. Even as more information may become available to the state (prosecutors) they must inform the defense. The defense must know all of the evidence, each side must be informed of the evidence and the witnesses each has. It is in this way their respective cases are prepared. Should prosecution hold back anything that is grounds for a mistrial.

These are my opinions as I never applied to be an expert.
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Awesome answer. Is there a time line as to when the state has to give info to the defense? How long can the state hold info before turning it over to the defense? Thank you
 
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