Never said they are entitled to every single document, but discovery and other inalienable rights of defendants are cornerstones of our criminal justice system.
"Investigators first submitted DNA from the knife sheath — found facedown on a bed next to the bodies of Mogen and Goncalves, and partially under Mogen's body and the comforter — to the FBI database CODIS, which tracks DNA profiles of people who have been arrested or convicted, according to the...
There's only one Federal Supermax prison (ADX Florence, CO), the closest Idaho has is IMSI which is south of Boise. If he is put on death row he will very likely be housed there, if life with/out parole based on his lack or prior offenses its debatable where he'd wind up but likely still IMSI...
Thanks for the well thought out reply. I was being a little tongue in cheek when I wrote "whatever that means". The point is we don't know precisely how the genetic profile was created and it's purpose. One can presume they were using apillary electrophoresis to detect STR alleles to match...
That's very fair. The issue is that the use of DNA profiles and genealogy data is still murky and unsettled law in many jurisdictions.
So, it's likely the defense is going to want to know the exact specifics of what the FBI did and had done. There are 4th Amendment issues that will be raised.
The article clearly states it didn't match CODIS. The FBI then paid a private company to build a genetic profile (whatever that really means). Once that was created they then were able to match vs. genealogy data which again the defense is going to want to know specifics of.
And THEN the FBI...
https://www.nbcnews.com/news/crime-courts/genetic-genealogy-used-link-bryan-kohberger-suspect-idaho-slayings-cri-rcna90344
"Investigators first submitted DNA from the knife sheath — found facedown on a bed next to the bodies of Mogen and Goncalves, and partially under Mogen's body and the...
Except it's not moot. IF they cast an extremely wide net across multiple databases without probable cause and/or a warrant the fruit of the poison tree may apply.
A local Idaho judge likely won't toss the evidence, but I do think it is ripe for appeal.
And therein lies a notable problem for the prosecution that the defense is going to attack. Unless you get a very sympathetic judge the FBI can't have it both ways.
They can't try to submit evidence and yet say the details of their gathering needs to remain private. (Conjecture but I bet this...
Outside of discovery the defense laying out their case including exculpatory evidence before the trial begins could amount to malfeasance. Certainly not saying it will happen here but some defenses attorneys never even put on an affirmative defense if they sense the state's case is weak.
If he is the perpetrator of this heinous crime may he be brought to justice.
However, those who advocate our civil liberties and right to privacy should be very wary about the methods and sequence of such methods the FBI deployed (local LE was just along for the ride).
As I mentioned a few...
The GA Supreme (which is hardly a liberal court, nor do they overturn many guilty verdicts) rebukes the trial basically saying there wasn't enough correctly presented evidence to convict on, most people in legal profession opining in public said there wasn't enough to convict on, and even the DA...
We have for a few years now:
https://mashable.com/article/car-seat-alarms-prevent-hot-car-death
All deaths are tragedies but unfortunately we can't eliminate all accidents, just lessen their odds.
The FBI may have hinted for PA to move ahead with this in order to further the Idaho case (psychological and monetary strain on parents, can see how good/bad they are at testimony, perhaps even trying to get some sort of hearsay exception admitted)
Pretty shady imho but all is fair in love and...
Any thoughts from those who swore up and down he was guilty, (when some of said the states case was filled with flaws)?
https://www.wsbtv.com/news/local/cobb-county/ross-harris-will-not-be-retried-hot-car-death-his-2-year-old-son-das-office-says/PS6HZVPEBJAHTKXJJBOKG3QLZM/
Apologies if I am not getting the context correct on this but are you equating a defendant exercising a Constitutional right with perverse stalking behaviour towards women?
IMHO
The more we learn out about this case the more it seems the best course of action for the parties involved (unless BK has unexpected evidence of innocence) would be to take the death penalty off the table in exchange for a plea. Convincing SG might be the hurdle.
What's interesting is that I'm not aware of LE releasing video of the EC (or the witness near EC when she called 911) entering or leaving the park, though Emma would have very likely have been visible.
Comments based on a few recent posts on this thread:
1. Camera showing video/pics were on traffic light poles outside the park near the gated entrances, so while they would be able to see people entering and leaving the park's larger entrances they could not look deeply into the park. The...
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