ID - 4 Univ of Idaho Students Murdered - Bryan Kohberger Arrested - Moscow # 68

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BK and attorney think they're slick waiving the right to a speedy probable cause hearing.....ugh. A GJ can Indictment him and push things forward regardless. I hope this happens for the surviving roommates.

<snipped & BBM>
But prosecutors can undercut the procedural maneuver by seeking a grand jury indictment, which would also spare the surviving roommates from having to sit in court across from Kohberger and face cross-examination during a preliminary hearing, according to Idaho lawyer Edwina Elcox, who previously represented alleged "Cult Mom" Lori Vallow.

Bryan Kohberger case: Moscow prosecutor can sidestep stall tactic with grand jury indictment
 
Miss Jennifer said:
This was released after the first gag order from another undisclosed "source."

Any of us can cite from undisclosed "sources," also known as hearsay. Hell, even disclosed sources twist the truth. I only trust what Idaho LE releases here and both PA and WA LE.

MOO
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Excuse me- I don’t understand what you are referring to.
 
"The defense is going to have a field day with ping information as well as video surveillance because there's going to be disparities [in] time frames ... both the defense and the prosecution are going to have experts in this area," Coffindaffer said. "It's gonna come down to a battle of the experts on this point and the jury is gonna have to make a decision whether they believe the prosecution's point of view or the defense's point of view."

www.newsweek.com

New detail in Bryan Kohberger case gives defense room to fuel doubt

"It's gonna come down to a battle of the experts," former FBI agent Jennifer Coffindaffer told Newsweek about Kohberger's trial.
www.newsweek.com www.newsweek.com
 
girlhasnoname said:
BK and attorney think they're slick waiving the right to a speedy probable cause hearing.....ugh. A GJ can Indictment him and push things forward regardless. I hope this happens for the surviving roommates.

<snipped & BBM>
But prosecutors can undercut the procedural maneuver by seeking a grand jury indictment, which would also spare the surviving roommates from having to sit in court across from Kohberger and face cross-examination during a preliminary hearing, according to Idaho lawyer Edwina Elcox, who previously represented alleged "Cult Mom" Lori Vallow.

Bryan Kohberger case: Moscow prosecutor can sidestep stall tactic with grand jury indictment
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I don't think the Public Defender, Anne Taylor, is trying to be "slick" by waiving the right to a speedy preliminary hearing for her client. At the time of the status conference on January 12th, she hadn't even received discovery evidence from the prosecution.

In addition, the prosecution had no objections to the scheduling of the preliminary hearing in late June, and even suggested waiting until July which would be a better time for them based on the State's schedule.

So I think both sides had something to gain by moving the preliminary hearing to a late June date, and I doubt the prosecution is interested in summoning a grand jury based on what we saw from the prosecution at the status conference on January 12th.
 
newredtabby said:
Well Jose Baez (Casey Anthony trial) certainly threw out wild speculations with NO evidence ever presented. And, apparently, it is not only allowed, but also effective.
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I've only made it to the jury once and the defendant told one cockamamie story. Our jury foreman (who had been on multiple juries) told us the defendant doesn't have to prove their story, the burden of proving guilt is on the prosecution.
 
SophieRose said:
I've only made it to the jury once and the defendant told one cockamamie story. Our jury foreman (who had been on multiple juries) told us the defendant doesn't have to prove their story, the burden of proving guilt is on the prosecution.
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They don't have to prove their innocence, it's presumed (so that's true).

But if a jury thinks the defendant is lying, that is a very different matter. No one has to believe the accused; that's why they're in the jury box. If you thought it was cockamamie, that was you doing your job as a juror.

People who commit criminal acts have a higher likelihood of lying, IMO. The jury is supposed to evaluate the truthfulness of every witness, and it's usually in the jury instructions (I've never been at a trial where it wasn't, both civil and criminal; these are all in the US).
 
Sundog said:
I don't think the Public Defender, Anne Taylor, is trying to be "slick" by waiving the right to a speedy preliminary hearing for her client. At the time of the status conference on January 12th, she hadn't even received discovery evidence from the prosecution.

In addition, the prosecution had no objections to the scheduling of the preliminary hearing in late June, and even suggested waiting until July which would be a better time for them based on the State's schedule.

So I think both sides had something to gain by moving the preliminary hearing to a late June date, and I doubt the prosecution is interested in summoning a grand jury based on what we saw from the prosecution at the status conference on January 12th.
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It's in the prosecutions best interest that BK has a competent lawyer. Last thing anyone wants is a mistrial. Let's get this done right from the beginning and spare the families anymore then they need to endure. moo
 
10ofRods said:
BK had been living away from the family home for many months (since June is the most likely date). The trash was sampled some time after Nov 28 but before Dec 12/13 (IMO). BK doesn't arrive home until around Dec 14/15 (someone knows the actual date, I've forgotten).

At any rate, there's no reason there would be much BK DNA in the family trash when he'd been living elsewhere for months.

LE surveilled and tracked his entire journey, because the match had already been made before he left Pullman.
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BBM: AFAIK, the match had not already been made before he (BK) had left Pullman in mid December. A sample of Mr Kohenberg Senior's dna was taken from PA Trash Can on 27 December. And matched to the sheath suspect sample (EBM) on 28th December. THe relevant quote from the Probable Cause Affadavit is below.


Probable Cause Affadavit P18 BBM

"On December 27, 2022, Pennsylvania Agents recovered the trash from the Kohberger family residence located in Albrightsville, PA. That evidence was sent to the Idaho State Lab for testing. On December 28,2022, the Idaho State Lab reported that a DNA profile obtained from the trash and the DNA profile obtained from the sheath, identified a male as not being excluded as the bioiogical father of Suspect Profile. At least 99.9998% of the male population would be expected to be excluded from the possibility of being the suspect's biological father."

EBM: spelling, quote format.
 
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Nila Aella said:
I was only providing the link you requested from scottishgirl since she didn't have it handy, I should have stated so in my post. :)

SInce they included it in the PCA that his injury was later determined, I also thought it might be because of what he was wearing? Or maybe they didn't want to disturb the evidence by searching for the injury, especially if there was a lot of blood? JMO

I think the same about Ethan, since the PCA noted that Xana was seen first during walk through. Hoping that they do have more prints. Seems like they should to me.


edit Corrected spelling of Ethan
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Okay, then we are agreeing and very much on the same page.

I figure that the person who walked through to describe the crime scene was not the right person to disturb the body and that they brought in specialists to do that.

I am betting on there being more bloody footprints but have always been amazed that the killer didn't track blood onto the deck at the slider. That said to me that this killer did his level best to avoid getting blood on his feet (it could have been a lot of blood, and those Vans would have had little cavities for the blood to gather in, would make for quite a few footprints if it had been a lot of blood). I'd have thought both feet would be bloody - that says a lot to me if only one foot got a little blood on it. Then we learned from SG that she was stabbed in a particular manner that's associated with less blood spurt AND it's possible that some of the victims were covered by blankets or comforters. It appears that three were on mattresses or partially on mattresses.

The killer thought this through with great attention to blood, but possibly didn't give as much attention to getting hair and fiber on his killer costume/person. I do worry that the hairs found at BK's apartment may not match to anything valuable to the case.
 
SRWCF said:
From reading the search warrant for his apartment, it certainly doesn't sound like he has OCD to me, at least not for cleanliness! All sorts of items with red stains (which is most likely blood) seem kind of odd for a tidy fellow to keep around.
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not sure exactly what the stains were or where anything was found. Did BK's father visit his apt? Or did BK just pick him up at the airport and start driving east? Seems that if the father was at the apt, BK would have tidied up anything suspicious or unclean.
 
10ofRods said:
Okay, then we are agreeing and very much on the same page.

I figure that the person who walked through to describe the crime scene was not the right person to disturb the body and that they brought in specialists to do that.

I am betting on there being more bloody footprints but have always been amazed that the killer didn't track blood onto the deck at the slider. That said to me that this killer did his level best to avoid getting blood on his feet (it could have been a lot of blood, and those Vans would have had little cavities for the blood to gather in, would make for quite a few footprints if it had been a lot of blood). I'd have thought both feet would be bloody - that says a lot to me if only one foot got a little blood on it. Then we learned from SG that she was stabbed in a particular manner that's associated with less blood spurt AND it's possible that some of the victims were covered by blankets or comforters. It appears that three were on mattresses or partially on mattresses.

The killer thought this through with great attention to blood, but possibly didn't give as much attention to getting hair and fiber on his killer costume/person. I do worry that the hairs found at BK's apartment may not match to anything valuable to the case.
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there seem to be just a few hairs for a whole apt but we do not know if he emptied the vacuum
 
Here is NewsNation basically retelling People's story about BCK previously dining at the Mad Greek restaurant. Accompanying the article is a video where journalist, Ashleigh Banfield, spends about 5 minutes discussing this topic. NewsNation has been heavily covering this story from almost the very beginning.

www.newsnationnow.com

‘Not true’: Restaurant denies report connecting Kohberger to victims

A former employee at the Mad Greek restaurant, where two victims worked, said that Kohberger stood out because he had a strict vegan order.
www.newsnationnow.com www.newsnationnow.com
 
acutename said:
not sure exactly what the stains were or where anything was found. Did BK's father visit his apt? Or did BK just pick him up at the airport and start driving east? Seems that if the father was at the apt, BK would have tidied up anything suspicious or unclean.
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You make an excellent point about the tidying up part. I was pretty flabbergasted by what was collected at his apartment. (From seeing him during the "perp walk" shortly after his hearing in PA, he looked extremely clean cut so I figured he was a neat freak!) Of course, the stained pillow / mattress cover could have easily been covered up with a blanket so that no one could see them.
 
acutename said:
not sure exactly what the stains were or where anything was found. Did BK's father visit his apt? Or did BK just pick him up at the airport and start driving east? Seems that if the father was at the apt, BK would have tidied up anything suspicious or unclean.
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Likely his dad slept on the couch and never went into the bedroom. All BK had to do was shut the door. Or I’ve stated before I believe maybe one of the receipts showed he purchased new sheets and pillow cases and LE stripped them off after they found the receipts and found the stains. Then he would have had brand new bedding on when dad was there. I’m leaning towards the second scenario since simply shutting the door to keep dad out would be risky if dad went in the bedroom anyway.
 
DizzyB said:
My thought process was that they had the sheath DNA, and needed a match in order to actually arrest him. When they got his Dad’s DNA (familial), but not BK’s from the trash, that was the final piece to then arrest and obtain BK’s DNA. If the trash DNA was an exact match to the sheath DNA, they would have written that. So they found no BK DNA in the family trash? I find it interesting, although I know zero about how much DNA they would have tested in the trash. Did they go with the first hit they got?
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You are right: the unidentified suspect sample on the button of sheath was matched via comparing it to a sample of MR Kohneberger Senior's dna (BK Dad). The BK Dad sample was taken from the Family's PA resident trash can on 27 Dec.and matched with the suspect sheath button sample on 28th December.

P18, Probable Cause Affadavit:

I don't know if that means they found no BK dna in the 27 december trash from PA. All I would surmise is that they compared a sample that they did recover and that matched witht suspect sample in such a way as to show that the suspect sample was BK's. ( ETA: because the sample tested against the suspect sample was BK's Dad's) MOO

Others may have a more informed view than mine on how dna is sampled and collected from trash, amounts needed and more informed speculations as to why a BK dad sample was used for the match and not a bk sample. Perhaps BK had simply not left any dna on that trash bag or any of that 27 December trash. IDK MOO
 
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want2solveit said:
I wondered when a grand jury would get this, I have no doubt one will return a "true bill, as they say.




With Kohberger doing his own dna search, (link posted earlier today) maybe cops used that?
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Only if he submitted to the 2 places that LE are allowed to use. And the popular companies aren't on that list.
 
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