IMO "totality of the evidence" gets thrown around a lot. Yes, it is important; it's how we evaluate the overall set of circumstances to draw a conclusion. But the individual pieces that comprise the totality need to be compelling
and (in most cases) numerous. For example, the totality of two pieces isn't really going to get us to BARD after the defense chips away at each separate piece of evidence (which is what they will do). General thinking seems to be that the prosecution has so much evidence based on the volume of evidence provided to the defense during discovery, but volume alone means nothing (example: Barry Morphew.)
Right now, as
@SLouTh and
@BeginnerSleuther and
@NCWatcher have laid out for us this a.m., the totality of the evidence
that we know about at this time isn't overwhelming, and we know that there are mitigating factors that the defense will introduce.
Without blood evidence, that's one less piece to add to the sum total.
Without GPS nailing him at the scene as opposed to cell tower evidence that places him somewhere around Moscow, that's an easily argued piece for the defense. One of the examples in the PCA put him 1.6 miles from the house at 11 pm. I mean, that's a stretch IMO - with the intention of making the evidence more compelling than it actually would be if all of the facts were included (Moscow is 6ish square miles, the university, banking and shopping were located at that busy and brightly lit intersection, etc.)
Without BK's DNA in the house or at least some kind of physical evidence placing him there
other than touch DNA, there's less to add to that totality pile. The defense can put up a solid argument against touch DNA, if it's allowed as evidence at all. They can argue chain of custody.
White Elantra with no license plate or photo of BK in it at the scene - a little less compelling.
Potentially different testimony from BF and DM, a little more damage... and on it goes.
And after all that, IMO the totality of evidence at this point in time and based on what we know in this case doesn't make BARD. IMO the prosecution has some work to do.
To be clear, I'm not arguing for or against BK. I just don't know enough. I think the media and others have a real vested interest in making the pieces fit to accuse him - and that's the only story line we're getting. I think there's tunnel vision for a lot of parties. I do think he's awkward, but from the videos I've seen of him, he doesn't seem to be Satan Incarnate either - on video, superficially speaking.
I don't think that the state has begun to meet BARD in my mind, and that's
before the defense rolls up with their evidence and arguments. So totality of evidence - yes - BUT the individual pieces that comprise the totality need to be compelling
and (in most cases) numerous, and so far, that's not where I see this case.