4 Univ of Idaho Students Murdered, Bryan Kohberger Arrested, Moscow, Nov 2022 #87

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Or if he did think of it, he thought of it far too late. I believe he didn't anticipate forgetting the sheath.

Also, he wasn't yet at home in PA when LE took that trash, so short of cluing his parents into his situation, there was little he could do to prevent it.

I bet he thought about it after things unfolded as they did. Knew it was only a matter of time. He sure looked calm in court for a guy in his situation.

IMO.
He looked REALLY uncomfortable on
body-cam getting pulled over with his Dad. Second time he looked irritated.
Part of me wonders if his heart was beating up in his throat. You know he was paranoid. Wearing those gloves & parking his trash elsewhere.
I hope he is afraid. He needs to be. That’s a small courtroom. Must be hard for the victim’s parents & all to breath the same air as this monster.

JMO
 
There's no way for the judge to exclude the sheath dna.Moo The str profile developed from the single source male dna extracted from the sheath in the Idaho State Lab matched BK through the dad's trash dna and then matched BK directly through his buccal swab. No dna test related to the IGG had any bearing on the PCA that ensured BK's arrest. Moo

No way to exclude it based on whatever the D comes up with if they get access to the IGG info. A private lab developed a separate snp profile from ISL forensic (str) sample and the fbi used that profile to undertake the IGG. The two processes of dna analysis - the two tests do not cross paths. Cannot exclude the str test and the direct matches made from that. No grounds. Moo

I agree. But this is exactly what she's going for imo.
 
He looked REALLY uncomfortable on
body-cam getting pulled over with his Dad. Second time he looked irritated.
Part of me wonders if his heart was beating up in his throat. You know he was paranoid. Wearing those gloves & parking his trash elsewhere.
I hope he is afraid. He needs to be. That’s a small courtroom. Must be hard for the victim’s parents & all to breath the same air as this monster.

JMO

My mind is still on the comfort inn. They found the stay information in the car. Was it from the trip back? Was it searched for disposed evidence? Did he dump evidence along the way home from WA to PA in any number of states. Any hotel, restaurant, gas station. Could be impossible unless they were tailing him close enough to surveil him on those stops.

jmo
 
Oh, thanks. That's a little bit different esp considering they said they would do the bulk on cross. Did they also say they planned to call a state witness if the state would not call him? I can't remember. But, if so, then they have to produce the information (as they should imo).

jmo

The state's argument, the defense's reply, and the judge's response are posted above by @arielilane in post numbers 731, 732. 734 and 736.

The judge concludes the discussion by saying that if the defense plans to have witnesses testify to the alibi defense, then they need to provide that information to the state. Later he sets the deadline as September 8th.

So not much new here on the motion to compel, other than another deadline.

edited spelling
 
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My understanding is that the judge indicated that they have to provide more information IF they want to call witnesses to testify to the alibi.
Right---which I think is a good thing because now they cannot just throw a new witness up there to say they waited on him at an all night diner from 3 to 5 am. They'd need to name that witness in discovery w/in 3 weeks.
 
[snipped by me]

I agree. They (the state) were never going to offer it as evidence. It was merely an investigative tool. I'm trying to figure out what the defense is going for here. It looks like they are in search of a Hail Mary. But if we think this through, unless the Judge tosses the direct DNA and sheath (and if he does that the state is in trouble) what is it they seek to gain? Confuse the jury? Hope to plant a seed in the jury's mind that the FBI was incompetent or that they (and Idaho LE) corruptly framed him?

On the other hand, if they twist the data to to argue there was a flaw in the family tree then what? Do they really plan to claim that BK could have been exonerated if only they had tested Uncle Harry from Liverpool?

jmo
Here is where I think they are trying to go---They put the female genealogy expert on the stand to admit that she sometimes breaks the rules by circumventing regulations concerning privacy--
depending on what website or database was accessed and whether that relative opted in or opted out of law enforcement being able to access the info.

So they are saying that the experts hired by LE may have broken those same regulations and if so, the DNA SHOULD BE SUPPRESSED from the trial.
 
So, going back to the Notice of Filing Declaration. It says:

These database tools have known loopholes that allow a genealogist to see matches that have explicitly declined to participate in law enforcement matching. This is not a glitch in the programming causing this by accident. It is a standard feature within the tools that essentially tricks the system into displaying all matches as opposed to only those who have consented to law enforcement matching. This is not a loophole nor is it something you will stumble upon. Using the tool this way requires effort and knowledge.

This is saying "genealogists" not law enforcement. Thinking about this, I can see some methods they might call a loophole to make it seem shadier, but it's not really. For example, if I had a list of matches from GEDmatch to an unknown profile, all those matches having opted into being visible, I could use them to build a private, not viewable to the public, research tree on ancestry. On ancestry I'm not using dna at all, just publicly available databases and information. I build out the tree, adding more and more people. At some point I will likely figure out where that unknown profile fits in that tree.

There may in fact be "matches" on that tree that were in the GEDmatch database but opted out of being visible to anyone else, including law enforcement. But I didn't get them through some back door or by tricking the system into displaying them. I got them by piecing together publicly available information. I didn't use their dna profiles to place them in that tree.

It also says:

  1. I am aware that law enforcement has obtained results in ways prohibited by the terms of use and prohibited by their own policies.
This is not really a "loophole", which implies skirting legality.
There's also absolutely no proof whatsoever that the fbi took advantage of a possible loophole. Moo

Imo the D's proposal that a loophole exists is no grounds for judge granting access to an LE investigative procedure (IGG) that lead to one tip pointing to the suspect.

The D is obfustcating, trying to turn attention away from the solid grounds that exist to exclude the IGG information from discovery Moo.
a)The IGG investigative procedure and resulting tip was irrelevant to a judge finding of probable cause for the arrest (no IGG in the PCA;
b) The IGG investigative procedure and resulting tip was not presented as evidence to the GJ (no IGG relied on for indictment);
c) The IGG investigative procedure and resulting tip will not be produced as evidence at trial because the IGG info is irrelevant to the issue of the defendant's guilt and potential punishment (no IGG info at trial). Moo
 
The state's argument, the defense's reply, and the judge's response are posted above by @arielilane in post numbers 731, 732. 734 and 736.

The judge concludes the discussion by saying that if the defense plans to have witnesses testify to the alibi defense, then they need to provide that information to the state. Later he sets the deadline as September 8th.

So not much new here on the motion to compel, other than another deadline.

edited spelling

But a clear and final deadline I'd say. The D won't get to file for another extension then provide a half alibi with vague allusions to witnesses to be called, maybe, sort of during trial. Moo The D also asked for an exception in their objection to Alibi Demand and I think that this has been denied by the Judge by virtue of ordering (soon to be) the final deadline to produce witnesses or go without. There will be no exception. Moo
 
There's also absolutely no proof whatsoever that the fbi took advantage of a possible loophole. Moo

Imo the D's proposal that a loophole exists is no grounds for judge granting access to an LE investigative procedure (IGG) that lead to one tip pointing to the suspect.

The D is obfustcating, trying to turn attention away from the solid grounds that exist to exclude the IGG information from discovery Moo.
a)The IGG investigative procedure and resulting tip was irrelevant to a judge finding of probable cause for the arrest (no IGG in the PCA;
b) The IGG investigative procedure and resulting tip was not presented as evidence to the GJ (no IGG relied on for indictment);
c) The IGG investigative procedure and resulting tip will not be produced as evidence at trial because the IGG info is irrelevant to the issue of the defendant's guilt and potential punishment (no IGG info at trial). Moo
I agree with you.

But the defense is going at it a different way, and it kind of worries me. They seem to be saying that without IGG the state would not have been able to identify who BK was. All they had was unknown DNA from the sheath with no way to identify whose it wAs.

To do so they used IGG, but the process of doing that often breaks regulations of privacy, and IF SO it would be unfair/unethical to use that tainted information in a DP trial.

So the DT is asking for full transparency and all IGG background data so they can be assured that no one took shortcuts which broke the privacy regulations. And the judge seemed to be siding with them on that request....:confused:
 
I agree with you.

But the defense is going at it a different way, and it kind of worries me. They seem to be saying that without IGG the state would not have been able to identify who BK was. All they had was unknown DNA from the sheath with no way to identify whose it wAs.

To do so they used IGG, but the process of doing that often breaks regulations of privacy, and IF SO it would be unfair/unethical to use that tainted information in a DP trial.

So the DT is asking for full transparency and all IGG background data so they can be assured that no one took shortcuts which broke the privacy regulations. And the judge seemed to be siding with them on that request....:confused:
They may be granted access. But whatever they find won't result in the chucking of the dna evidence on the knife sheath because regardless of the IGG and whatever happened (if privacy violated or whatever which is not even a given - the D may be unable to find proof of any problem) the PCA shows (and the P will be able to show) how BK could have been IDed sans IGG. They'll show when his vehicle was first Ided and so forth. And all the precedents where this very motion has been chucked before (it is not new when you read the P's filings) show that IGG is just one more tool that may lead to a tip. And the facts (however they were arrived at ) remain - Str profile direct from sheath in ISL lab matched through paternal test to BK and matched through direct test to BK with no room for doubt. The judge just cannot rule those facts inadmissable Imoo. But if he did? The P would appeal or simply call for dismissal without prejudice and re-arrest him immediately. Moo
 
I agree with you.

But the defense is going at it a different way, and it kind of worries me. They seem to be saying that without IGG the state would not have been able to identify who BK was. All they had was unknown DNA from the sheath with no way to identify whose it wAs.

To do so they used IGG, but the process of doing that often breaks regulations of privacy, and IF SO it would be unfair/unethical to use that tainted information in a DP trial.

So the DT is asking for full transparency and all IGG background data so they can be assured that no one took shortcuts which broke the privacy regulations. And the judge seemed to be siding with them on that request....:confused:
Exactly. But just bc one self-trained, for-profit, consulting, for-hire, "expert" breaks regulations does NOT mean LE w/careers, promotions, years of training, regulations, supervision, not to mention pensions, health care, & community standing to lose, does the same thing. Maybe that is why LE hires outside their agencies, so they don't take those shortcuts themselves.

What LE will hire her after this admission today?

Maybe IGG websites need to make signing up & searches more clear. Give the DNA owner the choice to be searched for missing persons or serial killer relatives or none.

If the D miraculously got the indictment or even the arrest thrown out, BK's charges would not go away. There's been NO trial, NO conviction, NO acquittal so there wouldn't be double-jeopardy. The P would just do arrest, new swab, & indictment all over again.

Other than taking an IGG issue to the Supreme Court to make a new rule, tainting LE, I don't see how this can "HELP" BK?

JMO
 
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He's smiling towards the person with the blonde hair who is probably his attorney, right?

He is obviously affectionate towards her and it cheers him up to see her.

Well obviously he's locked up alone 24 hrs a day alone, so he would rapidly build a firm feeling of affection towards her IMO. Most especially if she's facilitating him to discuss and talk over things that prop up his 'exoneration' theory and 'exculpatory evidence', despite we know these are hardly true and she of all people must know they're completely baseless.

However, there's something really sad about all this, the dysfunction of it all. If he's an 'incel' type like Elliot Rodgers who hated the young white blonde 'Stacey' girls (is that the right word?) and everything they represented to him because he couldn't have one, well now he's got one, he's in deep and intimate contact with her for the duration of this trial and he can show off all his knowledge of the legal system and criminology. The problem is... it's probably not going to end well is it?

I bet if he had an older man representing him, they'd have already fallen out and he'd have sacked him.

I wish lawyers would write accounts of how it was working for their clients in this type of case. Really go deep and tell all.

JMO MOO
 
The only thing that matters is the dna on the sheath. You could swab that house and find dozens of male samples, we know this from all the cases we’ve followed.

Just wait until the car results come back. We already know he’s a sick creep from his behavior at his school, but this will confirm just how evil he is.

He bought the exact knife. It is indisputable that he has an issue with women.

His phone shows him being somewhere where he had no business being, including the morning of the killings.

Dumping trash in the neighbor’s yard. Wearing latex gloves.

I’m stunned that anyone thinks this is remotely complicated.

I like your post MassGuy which girlhasnoname expanded on. I hope you both don't mind if I use your posts as a springboard to draw in other facts and make a complete chronological list of facts adverse to BK. The DNA smeared sheath is arguably a 'smoking gun' but I think all of the circumstances put together (and being only what we know at this time) lead to an irresistible inference of guilt.

If I have missed anything material let's add it to the list and if any of these have not yet been verified (or at sufficiently corroborated to permit their inclusion) I apologise and will edit the post. In fairness, perhaps a list of facts/evidence which objectively would tend to indicate innocence could be drawn up and compared!


1. BK's phone was in the King Road residence area on 12 occasions during the 5 months before the murders, 11 of which were in the late evening or early morning

2. BK bought a KABAR knife and sheath a few months before murders

3. A car matching BK's car left WSU and travelled towards Moscow about an hour before the murders

4. BK's phone left WSU and travelled towards Moscow about an hour before the murders

5. BK's phone was switched off or put in airplane mode about an hour before the murders

6. A car matching BK's car entered Moscow just before the murders

7. All 4 victims were killed with a knife believed to be a KABAR knife

8. BK's DNA was found on a KABAR knife sheath located underneath a victim

9. Eyewitness saw intruder consistent with BK's physical description leave King Road residence just after murders

10. Shoe print matching BK's show size (size 13) found at intruder exit point

11. A car matching BK's car was in King Road just before and just after the murders

12. The car referred to in 11. had no front licence plate and neither at that time did BK's

13. BK's phone resumed reporting to cellular network 20 minutes after the murders travelling away from Moscow

14. A car matching BK's car returned to WSU about 1 hour after the murders

15. BK's phone was in the area of the King Road residence about 4 hours after the murders

16. Since the day of the murders BK's phone has never again been detected in the area of the King Road residence

17. At 5:30pm on the day of the murders BK's phone returned to the same area it was in immediately after the murders (Johnson, Idaho) and then stopped reporting to the network for 3 hours until 8:30pm

18. BK dumped his trash in neighbour property/bins

19. BK wore latex gloves following murders

20. BK's contrasting behaviour & mood reported by his students before vs immediately after murders

21. BK's 'alibi' puts him 'driving around' at the relevant time the murders were committed


This is just what we know at the time of the PCA and pre-gag. As to what's not on the list: there is some less compelling but still relevant evidence (eg. BK's internet posts predating murders about how it feels to commit crimes & victim selection, BK's creepy behaviour towards women). There are also reports in the media of some other incriminating facts some of which if proven are even more damaging: ID cards found during search of parents' home; the instagram messaging; BK's owns sister queried whether he was the murderer.

One thing I am confused about: we know that LE conducted video canvassing of relevant CCTV/cameras in Moscow (crime scene) and near WSU (BK residence) from the early morning of the murders which shows a white Hyundai Elantra leaving WSU --> a matching vehicle entering Moscow --> a white Hyundai Elantra returning to WSU (suspected to be BK's on each occasion) . This is all referred to in the PCA. LE corroborates this video evidence with BK's cell data which closely tracks the Elantra's movements in this video and therefore allows/supports the inference that the white Hyundai Elantra appearing in all of this footage is the one and the same and is BK's car.

However while the PCA then goes on at p.14 to refer to additional cell data which indicates BK's phone travelled from WSU to Moscow at 9am just 4 hours after the murders, there is no mention of any associated video footage of a white Hyundai Elantra which marries up with the cell data as was performed by LE for the original travel to/from Moscow.

"Further review indicated that the 8458 Phone utilized cellular resources on November 13, 2022 that are consistent with the 8458 Phone leaving the area of the Kohberger Residence at approximately 9:00 a.m. and traveling to Moscow, ID. Specifically, the 8458 Phone utilized cellular resources that would provide coverage to the King Road Residence between 9: 12 a,m. and 9:21 am. The 8458 Phone next utilized cellular resources that are consistent with the 8458 Phone traveling back to the area of the Kohberger Residence and arriving to the area at approximately 9:32 a.m."

Surely if LE was able to obtain video footage from only 4 hours earlier, LE would also have obtained video footage (in clear daylight no less, affording far better clarity) of a white Hyundai Elantra leaving WSU and making the trip back to Moscow around 9am that morning? As at the date of the PCA, LE would have had ample opportunity to have collected and reviewed this further video evidence, including from the very same cameras it had obtained the earlier footage. Does anyone have any theories about this 'gap' in the evidence - even at the PCA stage?

Edit: I'm guessing that in the days and maybe even weeks after the murders LE was focussing on the critical time before/after the murders and didn't search/or obtain video footage of much later that morning (9am) because they didn't know BK had apparently returned to the scene until much later (December 2022) and only once they had reviewed his cell phone data and discovered his phone had pinged at/around the King Road residence at 9am that same morning. Perhaps by that time it was too late to get video footage of that time period (between say 830am and 1030am)? Or perhaps they have since obtained that footage after the PCA - assuming (which I do) he drove the Elantra.
 
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This was my favorite excerpt from your article: (Speaking of releasing all IGG testing)

<snipped & BBM>

But Idaho’s discovery rules do not require the release of such records, countered Jeff Nye, chief of the Idaho attorney general’s criminal law division, for the prosecution. IGG does not represent a scientific test, he argued, nor does the information help prove the defendant’s innocence — elements that could require their release. Rather, Nye said, IGG is merely a newer method used by police to obtain an investigative lead. The fact that Kohberger could face the death penalty also should have no bearing on Judge’s decision, despite arguments to the contrary, Nye said. You hear, “This is a death penalty case, and death is different,” he told Judge. “But discovery is not. If the Idaho Supreme Court wanted the rules to be different (for death penalty cases), they could have done that, but they didn’t do that.”
 
I would love to have been a fly on the wall when the Defense Team discussed the Judge denying their Motion to Stay.

BK has insisted on his right to a speedy trial all along, remaining silent in support of his innocence. Well, I'd say it's time to put up or shut up. 42 Days to mount your Defense for your client is short, short, short. They have used so much of their time to inundate the State with their long, bloviating Motions they probably haven't even really begun an actual Defense.

He'll either have to waive after all, or roll the dice. I believe they'll be waiving.

moo
 
I like your post MassGuy which girlhasnoname expanded on. I hope you both don't mind if I use your posts as a springboard to draw in other facts and make a complete chronological list of facts adverse to BK. The DNA smeared sheath is arguably a 'smoking gun' but I think all of the circumstances put together (and being only what we know at this time) lead to an irresistible inference of guilt.

If I have missed anything material let's add it to the list and if any of these have not yet been verified (or at sufficiently corroborated to permit their inclusion) I apologise and will edit the post. In fairness, perhaps a list of facts/evidence which objectively would tend to indicate innocence could be drawn up and compared!


1. BK's phone was in the King Road residence area on 12 occasions during the 5 months before the murders, 11 of which were in the late evening or early morning

2. BK bought a KABAR knife and sheath a few months before murders

3. A car matching BK's car left WSU and travelled towards Moscow about an hour before the murders

4. BK's phone left WSU and travelled towards Moscow about an hour before the murders

5. BK's phone was switched off or put in airplane mode about an hour before the murders

6. A car matching BK's car entered Moscow just before the murders

7. All 4 victims were killed with a knife believed to be a KABAR knife

8. BK's DNA was found on a KABAR knife sheath located underneath a victim

9. Eyewitness saw intruder consistent with BK's physical description leave King Road residence just after murders

10. Shoe print matching BK's show size (size 13) found at intruder exit point

11. A car matching BK's car was in King Road just before and just after the murders

12. The car referred to in 11. had no front licence plate and neither at that time did BK's

13. BK's phone resumed reporting to cellular network 20 minutes after the murders travelling away from Moscow

14. A car matching BK's car returned to WSU about 1 hour after the murders

15. BK's phone was in the area of the King Road residence about 4 hours after the murders

16. Since the day of the murders BK's phone has never again been detected in the area of the King Road residence

17. At 5:30pm on the day of the murders BK's phone returned to the same area it was in immediately after the murders (Johnson, Idaho) and then stopped reporting to the network for 3 hours until 8:30pm

18. BK dumped his trash in neighbour property/bins

19. BK wore latex gloves following murders

20. BK's contrasting behaviour & mood reported by his students before vs immediately after murders

21. BK's 'alibi' puts him 'driving around' at the relevant time the murders were committed


This is just what we know at the time of the PCA and pre-gag. As to what's not on the list: there is some less compelling but still relevant evidence (eg. BK's internet posts predating murders about how it feels to commit crimes & victim selection, BK's creepy behaviour towards women). There are also reports in the media of some other incriminating facts some of which if proven are even more damaging: ID cards found during search of parents' home; the instagram messaging; BK's owns sister queried whether he was the murderer.

One thing I am confused about: we know that LE conducted video canvassing of relevant CCTV/cameras in Moscow (crime scene) and near WSU (BK residence) from the early morning of the murders which shows a white Hyundai Elantra leaving WSU --> a matching vehicle entering Moscow --> a white Hyundai Elantra returning to WSU (suspected to be BK's on each occasion) . This is all referred to in the PCA. LE corroborates this video evidence with BK's cell data which closely tracks the Elantra's movements in this video and therefore allows/supports the inference that the white Hyundai Elantra appearing in all of this footage is the one and the same and is BK's car.

However while the PCA then goes on at p.14 to refer to additional cell data which indicates BK's phone travelled from WSU to Moscow at 9am just 4 hours after the murders, there is no mention of any associated video footage of a white Hyundai Elantra which marries up with the cell data as was performed by LE for the original travel to/from Moscow.

"Further review indicated that the 8458 Phone utilized cellular resources on November 13, 2022 that are consistent with the 8458 Phone leaving the area of the Kohberger Residence at approximately 9:00 a.m. and traveling to Moscow, ID. Specifically, the 8458 Phone utilized cellular resources that would provide coverage to the King Road Residence between 9: 12 a,m. and 9:21 am. The 8458 Phone next utilized cellular resources that are consistent with the 8458 Phone traveling back to the area of the Kohberger Residence and arriving to the area at approximately 9:32 a.m."

Surely if LE was able to obtain video footage from only 4 hours earlier, LE would also have obtained video footage (in clear daylight no less, affording far better clarity) of a white Hyundai Elantra leaving WSU and making the trip back to Moscow around 9am that morning? As at the date of the PCA, LE would have had ample opportunity to have collected and reviewed this further video evidence, including from the very same cameras it had obtained the earlier footage. Does anyone have any theories about this 'gap' in the evidence - even at the PCA stage?

Edit: I'm guessing that in the days and maybe even weeks after the murders LE was focussing on the critical time before/after the murders and didn't search/or obtain video footage of much later that morning (9am) because they didn't know BK had apparently returned to the scene until much later (December 2022) and only once they had reviewed his cell phone data and discovered his phone had pinged at/around the King Road residence at 9am that same morning. Perhaps by that time it was too late to get video footage of that time period (between say 830am and 1030am)? Or perhaps they have since obtained that footage after the PCA - assuming (which I do) he drove the Elantra.
I like your post MassGuy which girlhasnoname expanded on. I hope you both don't mind if I use your posts as a springboard to draw in other facts and make a complete chronological list of facts adverse to BK. The DNA smeared sheath is arguably a 'smoking gun' but I think all of the circumstances put together (and being only what we know at this time) lead to an irresistible inference of guilt.

If I have missed anything material let's add it to the list and if any of these have not yet been verified (or at sufficiently corroborated to permit their inclusion) I apologise and will edit the post. In fairness, perhaps a list of facts/evidence which objectively would tend to indicate innocence could be drawn up and compared!


1. BK's phone was in the King Road residence area on 12 occasions during the 5 months before the murders, 11 of which were in the late evening or early morning

2. BK bought a KABAR knife and sheath a few months before murders

3. A car matching BK's car left WSU and travelled towards Moscow about an hour before the murders

4. BK's phone left WSU and travelled towards Moscow about an hour before the murders

5. BK's phone was switched off or put in airplane mode about an hour before the murders

6. A car matching BK's car entered Moscow just before the murders

7. All 4 victims were killed with a knife believed to be a KABAR knife

8. BK's DNA was found on a KABAR knife sheath located underneath a victim

9. Eyewitness saw intruder consistent with BK's physical description leave King Road residence just after murders

10. Shoe print matching BK's show size (size 13) found at intruder exit point

11. A car matching BK's car was in King Road just before and just after the murders

12. The car referred to in 11. had no front licence plate and neither at that time did BK's

13. BK's phone resumed reporting to cellular network 20 minutes after the murders travelling away from Moscow

14. A car matching BK's car returned to WSU about 1 hour after the murders

15. BK's phone was in the area of the King Road residence about 4 hours after the murders

16. Since the day of the murders BK's phone has never again been detected in the area of the King Road residence

17. At 5:30pm on the day of the murders BK's phone returned to the same area it was in immediately after the murders (Johnson, Idaho) and then stopped reporting to the network for 3 hours until 8:30pm

18. BK dumped his trash in neighbour property/bins

19. BK wore latex gloves following murders

20. BK's contrasting behaviour & mood reported by his students before vs immediately after murders

21. BK's 'alibi' puts him 'driving around' at the relevant time the murders were committed


This is just what we know at the time of the PCA and pre-gag. As to what's not on the list: there is some less compelling but still relevant evidence (eg. BK's internet posts predating murders about how it feels to commit crimes & victim selection, BK's creepy behaviour towards women). There are also reports in the media of some other incriminating facts some of which if proven are even more damaging: ID cards found during search of parents' home; the instagram messaging; BK's owns sister queried whether he was the murderer.

One thing I am confused about: we know that LE conducted video canvassing of relevant CCTV/cameras in Moscow (crime scene) and near WSU (BK residence) from the early morning of the murders which shows a white Hyundai Elantra leaving WSU --> a matching vehicle entering Moscow --> a white Hyundai Elantra returning to WSU (suspected to be BK's on each occasion) . This is all referred to in the PCA. LE corroborates this video evidence with BK's cell data which closely tracks the Elantra's movements in this video and therefore allows/supports the inference that the white Hyundai Elantra appearing in all of this footage is the one and the same and is BK's car.

However while the PCA then goes on at p.14 to refer to additional cell data which indicates BK's phone travelled from WSU to Moscow at 9am just 4 hours after the murders, there is no mention of any associated video footage of a white Hyundai Elantra which marries up with the cell data as was performed by LE for the original travel to/from Moscow.

"Further review indicated that the 8458 Phone utilized cellular resources on November 13, 2022 that are consistent with the 8458 Phone leaving the area of the Kohberger Residence at approximately 9:00 a.m. and traveling to Moscow, ID. Specifically, the 8458 Phone utilized cellular resources that would provide coverage to the King Road Residence between 9: 12 a,m. and 9:21 am. The 8458 Phone next utilized cellular resources that are consistent with the 8458 Phone traveling back to the area of the Kohberger Residence and arriving to the area at approximately 9:32 a.m."

Surely if LE was able to obtain video footage from only 4 hours earlier, LE would also have obtained video footage (in clear daylight no less, affording far better clarity) of a white Hyundai Elantra leaving WSU and making the trip back to Moscow around 9am that morning? As at the date of the PCA, LE would have had ample opportunity to have collected and reviewed this further video evidence, including from the very same cameras it had obtained the earlier footage. Does anyone have any theories about this 'gap' in the evidence - even at the PCA stage?

Edit: I'm guessing that in the days and maybe even weeks after the murders LE was focussing on the critical time before/after the murders and didn't search/or obtain video footage of much later that morning (9am) because they didn't know BK had apparently returned to the scene until much later (December 2022) and only once they had reviewed his cell phone data and discovered his phone had pinged at/around the King Road residence at 9am that same morning. Perhaps by that time it was too late to get video footage of that time period (between say 830am and 1030am)? Or perhaps they have since obtained that footage after the PCA - assuming (which I do) he drove the Elantra.
EBM - typos!

Seeing your list with all of the evidence has provided some much needed reassurance! In the event that the DNA is ruled inadmissible (which I believe won’t be the case), I hope the following ends up being added to your list:

Reports of any social media interactions between BK and any of the victims, including ones where he reaches out without response. This proves a connection.

BK google search history demonstrating a fascination with the case.

Physical evidence in his home/car/parents home that ties him to any of the victims, such as blood or any personal belongings (souvenirs).

JMO.
 
This was my favorite excerpt from your article: (Speaking of releasing all IGG testing)

<snipped & BBM>

But Idaho’s discovery rules do not require the release of such records, countered Jeff Nye, chief of the Idaho attorney general’s criminal law division, for the prosecution. IGG does not represent a scientific test, he argued, nor does the information help prove the defendant’s innocence — elements that could require their release. Rather, Nye said, IGG is merely a newer method used by police to obtain an investigative lead. The fact that Kohberger could face the death penalty also should have no bearing on Judge’s decision, despite arguments to the contrary, Nye said. You hear, “This is a death penalty case, and death is different,” he told Judge. “But discovery is not. If the Idaho Supreme Court wanted the rules to be different (for death penalty cases), they could have done that, but they didn’t do that.”
Exactly this.I haven't watched the hearing, just a few scraps. I've mostly read the tweets and I've read the written motions and relevant objections several times. I'm glad to read the state got to argue the DP point verbally. It's not in the P's filed docs and yet it turned out to be a point that needed to be raised.Moo The points - that the IGG is an investigative technique, not a scientific test and not at all exculpatory to the defendant make up the backbone of the State's argument. Moo
 
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