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Maybe BK wants to but AT is actually telling him no.
4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #92
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Maybe BK wants to but AT is actually telling him no.
schooling
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i totally get all of that. I just think that if a formal process/system/guidelines/regulations are not introduced that there will continue to be challenges to it. There will continue to be distractions and delays.
And eventually. One of those challenges will get the right judge that will upend everything. And every case that’s relied on it to whatever extent is potentially put at risk.
It’s better they figure it out now.
I personally see no problem with any of it. To me it’s a means to an end. But there’s clearly a sizeable portion (even if a minority )of our population that doesn’t see it that way.
MOO
snooptroop88
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Like a put up or shut up moment, I would guess (?)
Megnut
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Like what? He wasn't driving an Elantra? Driving around on a hope and a prayer maybe?
Too bad, he doesn't have either.
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For the word "document" I assume proof/evidence like a video still-shot of a similar car but it has the front license plate of which BK did not have.
All I can think of is proof that the car on King Rd was a different car than BK's car. In other words, not giving an actual alibi but instead trying to disprove existing evidence.
Seems to be what Taylor is good at.
2 Cents
Smelly Squirrel
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I bet they name no witnesses.
AT has stated repeatedly that they need the CAST report for the alibi and inexplicably, more than a year after the murders they still don't have it. I know it is a complex report to compile and write, but some prioritization would be appropriate given the attention this case has received. IMO, both the defense and prosecution need time to study the CAST report and decide how it supports their cases and how that information will be presented.
Beyond the CAST report, my expectation is that AT's team has discovered other alibi evidence they can use which may come in the form of videos, sound recordings, photographs, expert analysis and even witnesses. The PCA, Court documents and videos which have been released so far paint an intriguing picture of the likely prosecution case. Based on the contents of these documents, I'm not convinced of the value of an alibi for disproving the prosecution case. But, I never place a high value on an alibi in any case because if you look at the statistics of exoneration cases in the USA, 2/3's of the innocent defendants who were convicted presented an alibi at their original trial and were convicted anyway. IMO most juries simply don't trust alibi's. So, IMO, while an alibi is a "good to have" in actuality, for this case, I believe it will be of minimal importance to the defense or the jury.
Investigating and Presenting an Alibi Defense
The New Jersey Supreme Court has said that “few defenses have greater potential for creating reasonable doubt as to a defendant's guilt in the minds of the [jur
papers.ssrn.com
All JMO.
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AT has stated repeatedly that they need the CAST report for the alibi and inexplicably, more than a year after the murders they still don't have it. I know it is a complex report to compile and write, but some prioritization would be appropriate given the attention this case has received. IMO, both the defense and prosecution need time to study the CAST report and decide how it supports their cases and how that information will be presented.
Beyond the CAST report, my expectation is that AT's team has discovered other alibi evidence they can use which may come in the form of videos, sound recordings, photographs, expert analysis and even witnesses. The PCA, Court documents and videos which have been released so far paint an intriguing picture of the likely prosecution case. Based on the contents of these documents, I'm not convinced of the value of an alibi for disproving the prosecution case. But, I never place a high value on an alibi in any case because if you look at the statistics of exoneration cases in the USA, 2/3's of the innocent defendants who were convicted presented an alibi at their original trial and were convicted anyway. IMO most juries simply don't trust alibi's. So, IMO, while an alibi is a "good to have" in actuality, for this case, I believe it will be of minimal importance to the defense or the jury.
Investigating and Presenting an Alibi Defense
The New Jersey Supreme Court has said that “few defenses have greater potential for creating reasonable doubt as to a defendant's guilt in the minds of the [jurpapers.ssrn.com
All JMO.
DocumentCloud
www.documentcloud.org
March 2019 FBI CAST Cellular Analysis & Geo-Location Field Resource Guide
What exactly is in the CAST report? How hard would it be to obtain it from the FBI? Can't the defense request it from them?
The defense has to have it....I don't get it.....
Smelly Squirrel
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The strength of alibis vary. Those with solid alibis don't usually end up on trial. If there were video footage of him somewhere else for the time of the murders, he wouldn't be in jail right now. I don't see how the CAST report is going to do him any good since he turned off his phone during the time of the murders. If he is innocent, what an unlucky break that he coincidentally turned off his phone when it could have cleared him. Poor guy. 
The only point of getting the CAST report for the defense is to make sure their fabricated story doesn't contradict it anywhere, it's not about corroborating his whereabouts at all. moo
The only point of getting the CAST report for the defense is to make sure their fabricated story doesn't contradict it anywhere, it's not about corroborating his whereabouts at all. moo
As I've said before , the defense is entirely reliant on surveillance video from the prosecution, which is scattered amidst 51Tb of jumbled files that they have stated will take months to go through (and the prosecution agreed this is a huge task). So they can't back up the alibi with video.
The defense still doesn't have the full CAST data, so they can't back up an alibi with phone records.
The prosecution has said it will take them until August or September (sorry I can't remember exactly) to get full discovery to the defense.
Considering all of that the April deadline to provide supporting evidence for an alibi makes no sense to me whatsoever.
What kind of supporting evidence could the defense possibly be expected to provide by April?
BK's guilt/innocence aside, IMO it is unfair and actually unreasonable to ask the defense to provide alibi evidence by April, when all the elements that might support it are either unavailable or can't humanly be processed by that deadline.
All MOO of course.
The defense still doesn't have the full CAST data, so they can't back up an alibi with phone records.
The prosecution has said it will take them until August or September (sorry I can't remember exactly) to get full discovery to the defense.
Considering all of that the April deadline to provide supporting evidence for an alibi makes no sense to me whatsoever.
What kind of supporting evidence could the defense possibly be expected to provide by April?
BK's guilt/innocence aside, IMO it is unfair and actually unreasonable to ask the defense to provide alibi evidence by April, when all the elements that might support it are either unavailable or can't humanly be processed by that deadline.
All MOO of course.
schooling
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They implied that they could put him somewhere specific.
Beyond just driving around.
You don’t need to see all of the evidence to tell the court where that place is. Unless prosecutors might have video proving you weren’t there
MOO
AT doesn't seem worried about the State's videos.
Regarding alibi, she said "it's more than Bryan.was just driving around". Importantly, she then said "I need their full CAST report and all of the discovery related to that before I can say more about that".
After some confusion from JJJ about CAST, she went on to say "I'm not talking about any video of Bryan's car when I 'm talking about an alibi defense... Unless there's video that shows him elsewhere that I haven't gotten to yet, which may be possible given the fact that there's still a lot I haven't seen yet".
The CAST data is the critical element, and if they haven't received it, they can't support their claim. AT says she expects the full CAST report to be done by March 31st , it then needs to be made available to her, and then her expert needs to "digest" that.
My guess is, she's going to ask for another extension on the alibi. I doubt her expert will be done looking through the CAST report on time.
Regarding alibi, she said "it's more than Bryan.was just driving around". Importantly, she then said "I need their full CAST report and all of the discovery related to that before I can say more about that".
After some confusion from JJJ about CAST, she went on to say "I'm not talking about any video of Bryan's car when I 'm talking about an alibi defense... Unless there's video that shows him elsewhere that I haven't gotten to yet, which may be possible given the fact that there's still a lot I haven't seen yet".
The CAST data is the critical element, and if they haven't received it, they can't support their claim. AT says she expects the full CAST report to be done by March 31st , it then needs to be made available to her, and then her expert needs to "digest" that.
My guess is, she's going to ask for another extension on the alibi. I doubt her expert will be done looking through the CAST report on time.
girlhasnoname
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Me either but AT is Defending her client in a DP case. I'm sure she has to take the 'personal' out of things just in order to even do that. There's no way I don't believe AT thinks BK isn't guilty.
Genetic testing will still be allowed IMO, they will just define the parameters of use for LE.
JMO
Justice101
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The defense might bring a witness who says, "Yeh, I think I saw a white Elantra in Washington State at least 300 miles away from the crime scene."
Justice101
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Yea, I agree she is just doing her job which is to get a fair trial and best possible outcome for her client... guilty or not guilty.
If defense lawyers had to be convinced someone was innocent before taking a case or pleading for them, there wouldn't be many defense lawyers because 90+% of their clients are guilty.
girlhasnoname
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Absolutely, and I'd much rather AT provide a competent and vigorous defense so there are no substantial appellate issues in the future. I know that DP are automatically appealed, but I'm talking about misconduct by the State or something like that. It's a pain for us, but better for the families in the long run not having to endure a never ending appeal process.
I mean who would have thought Scott Peterson would have been granted hearings for an appeal in his case against Laci?
MOO
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In the book that I mentioned earlier, Unmasked, Ancestry refused to work with law enforcement to use their database. I was surprised to learn that most people who submit their DNA to Ancestry and 23andMe upload the results to the smaller genealogy sites. It was actually a woman (working with law enforcement) using her personal account on Heritage.com that identified a second cousin to the Golden State Killer.
I agree with you, schooling, familial DNA is such a valuable tool to use and has had great success in clearing Cold Cases.
This may be something the Supreme Court of Idaho or the U.S. needs to formally rule on.
Why does the defense have to have the CAST report before they submit the alibi?DocumentCloud
March 2019 FBI CAST Cellular Analysis & Geo-Location Field Resource Guide
What exactly is in the CAST report? How hard would it be to obtain it from the FBI? Can't the defense request it from them?
The defense has to have it....I don't get it.....
The date on the alibi definition and deadline was so stretched out for them already.
As far as I am concerned they
should not be allowed to submit an alibi at this point, and then juat give them the CAST.
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I thought the CAST is evidence and the defense has a right to the evidence that will be used. I am not understanding why the defense doesn't have it.
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