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Defendants Response to States Motion to Limit Testimony
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I believe this document dropped today. However, I do not see the Stateā€™s Motion on this topic.

Not sure what all of this is aboutā€¦ any insight from our legal experts?

In summary:

COMES NOW, Bryan C. Kohberger, by and through his attorneys of record, and hereby submits the following Response to the Stateā€™s Motion to Limit Testimony filed May 10, 2024. In the Stateā€™s Motion, the State contends that the Affidavit of Probable Cause is ā€œirrelevant at this stageā€. Stateā€™s Motion at 4. The State cites no authority for this claim. Mr. Kohberger has the ability to challenge the probable cause affidavits in this matter that were used to procure warrants.

https://s3.us-west-2.amazonaws.com/isc.coi/CR29-22-2805/2024/051024-Defendants-Response-States-Motion-Limit-Tesimony.pdf

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[not loaded or deleted]

the state contends that the PCA is not relevant at this point. Its strange.

This could be because it was establishing probable cause for arrest, and the suspect has been arrested. The state are not saying any information in the PCA is incorrect, or not relevant to establishing guilt. Not 100% clear from context, but they might just be saying prosecution case has moved beyond the PCA - one example would be establishing the match of the sheath DNA to Kohberger which happened after the arrest and after the PCA.

[not loaded or deleted]

The state set the timeline for murder based on the white cars last pass and DMs sighting

and Xana's phone use at 4.12am; and the audio recording on neighbour's camera at 4.17am; and the DoorDash delivery after 4.00am; and forensic downloads of phones including DM and BF's phones. As well as eyewitness to masked man leaving and the video showing the car speeding away at 4.20am.

[not loaded or deleted]

That simply isnā€™t true...... IGGed to match him by November 25

The direct comparison of the sheath DNA to Kohberger, via the cheek swab, was done after his arrest ( known, as the cheek swab was done post arrest).

SNP DNA from the sheath IGGed to match him by November 25

The SNP DNA was used for IGG, pointing to Kohberger via family tree from genealogy database, it is not a direct match to Kohberger but a % familial similarity. Can you point to the source for your date of November 25th for the IGG please?

certain to be the father of whoeverā€™s DNA was on the sheath by November 29

The STR DNA comparison, confirming Kohberger Snr to be the father of the sheath DNA donor, was done after trash was lifted from the PA house c. December 27th, not November 29th. Can you point to a source for Kohberger Snr DNA being obtained November 29th please?

Why, if Kohberger was identified Nov 25, and his father's DNA obtained by Nov 29, would police wait almost another month to obtain his phone records?

[not loaded or deleted]

pretty sure this argument is about the IGG.

Good point. Could be - in that warrants which the PCA supported did not rely on IGG, as IGG is not mentioned in the PCA at all.

[not loaded or deleted]

There is no source YET for the November 25 date for the IGG identification

That is quite a fancy way of saying you invented the Nov 25th date with zero substance.

If the IGG was done Nov 25th and identified Kohberger, why did police and 60 FBI agents wait another month to get his phone records? Can you explain?

And how did LE "cobble together" as you stated a car exactly matching the sheath DNA donor's car, on video, and his phone being in that car, and the eyewitness description matching that person in the house at the time. How did they ensure the shoe print matched his unusual foot size? Really quite incredible cobblers, in many ways. Did the FBI help in the "cobbling"?

[not loaded or deleted]

New York Times reported that it was on December 19,

Thereabouts makes sense, or just after - the key for me is the trigger of phone warrants Dec 23rd.

[not loaded or deleted]

does this happen in other cases as well?

I'm not a lawyer, i was just commenting on difference between purpose/ stage of process for the PCA being independent of the validity and accuracy of evidence in it. Not sure on other cases. Saying the PCA is not relevant at a stage is not same as state saying evidence it mentions is not relevant for trial or not accurate.

It is similar to recurring debate where some suggest the evidence in PCA is incomplete or parts missing (e.g why not more info on what DM saw, what happened before 2.00am etc) - where legal types point out that was not needed to get the arrest. Eta- spelling typo

[not loaded or deleted]

lot of ppl are gonna make fun of the fact that they used the dog case

Ms. Taylor has set a very high comedy threshold with the "pondering the moon and stars" on a cloudy night alibi, so alleging incompetence or unprofessional behaviour from a dog whose job is to sniff and snort drugs seems an open goal. Maybe there were extenuating circumstances, such as the dog requiring rehab, going through a messy divorce, having lost a favourite bone or it had developed a drinking or gambling problem made worse by job stress?

Sad however that Ms. Taylor did not mention what a good boy the drug dog had been previously.

[not loaded or deleted]

had nothing on BK, nothing whatsoever connecting him to the crime until the DNA IGG

I fear you are inventing and making unsupported logical leaps again, in absence of any substance for your November IGG. They had a car matching his, to the unusual detail of missing front plate, an eyewitness description matching him, phone info, shoe prints. White Elantras are not as common as some seem to assume. You are right that IGG probably flagged him, but I think closer to Dec 20 and the phone warrants. As the sheath DNA was collected lawfully and IGG was never used to support any warrants, I'm not sure I see your issue though.

decided that the murders had to have been committed between the time that the car arrived at the house and the time it left

You are, rather bizarrely, completely ignoring:

  • eyewitness description of noises after 4.00am

  • an eyewitness to the killer leaving the house, after 4.00am, an account backed by physical evidence. Is it really your claim that a killer entered the house before 4.00am, and a second, masked man entered coincidentally some time later, unconnected to the deaths?

  • the DoorDash delivery after 4.00am

  • Xana's phone usage at 4.12am

  • audio recording on the neighbour's camera at 4.17am

  • forensic phone downloads including DM and BF's phones which confirm timing after 4.00am

Who took in the DoorDash and used the phones after 4.00am in your scenario? What was the sources of noises after 4.00am in your scenario?

[not loaded or deleted]

Ā They only found him through the DNA that they now want to call ā€˜irrelevantā€™

The sheath DNA match to Kohberger is not being called irrelevant. The PCA is being described as irrelevant, I think (hard without all context) because the state's case has moved well beyond the evidence noted in the PCA - DNA on sheath is a good example as it was only compared directly to Kohberger after his arrest, cell phone pings may be another - certainly we know additional days of cell phone locations have been analysed since the PCA and GPS/ data taken from the actual phone may since have augmented cell tower data which was all that was available when PCA was written.

You are perhaps conflating use of IGG and whether that affects other evidence. The sheath DNA was taken under search warrant, as was the cheek swab of Kohberger. The IGG was never used in any arrest or warrant applications so it is hard to argue that IGG has impacted any warrant.

[not loaded or deleted]

BEFORE ANY OTHER evidence pointing to BK was obtained.

You do not provide any source or substantiation for your claimed November 25th date for IGG. How do you know what was obtained before IGG when your claimed date is invented with no substantiation?

Kohberger's car was flagged by WSU police on Nov 28/29th. Do you have a source or any documentation that IGG was done before then?

STR profile obtained from the father are ā€œirrelevantā€.

Thompson was not saying DNA evidence was irrelevant, he was stating the case had progressed past the PCA. This is a good example - while the sheath DNA matched Kohberger Snr as the father of the DNA donor, that is made pretty much irrelevant and surpassed by the direct match to Kohberger Jnr done after the PCA.

LE had NO OTHER evidence whatsoever pointing to BK before that.

The car and car videos from at least 22 locations consistent in time, place and direction with travel from his apartment to the scene, movement of his phone with the car, the eye witness description are all incriminating and video at scene, eye witness etc were obtained before IGG.

whole lot of other spurious evidence that LE has cobbled together

Did the FBI and State Police collaborate with Moscow police in fabricating this evidence? How did they know in advance tk get a car matching Kohberger's at the scene at 4.20am, and his phone in it, and have Kohberger out driving at 4.00am, and match his shoe print size (assuming as is liely the bloody shoe prints match). They seem very, very lucky or mystic prognosticators?

[not loaded or deleted]

please, this bushy eyebrow and the bloody shoe print nonsense

no one mentioned eyebrows. The eyewitness description of the masked man is important because (1) it establishes time of murders (unless you are peddling the idea that another, second man entered the house sometime after and unrelated to the killings... talk about insult to intelligence) and (2) it does provide some statistical correlation.

Men matching the height/ build described are c 10-15% of the population - not of course definitive but another correlation. Men with that height/ build who have size 13 shoes are iirr <0.5% of population - a stronger statistical correlation...taken with his DNA at the scene it is powerful, taken with his car (which only c 1 in 4000 cars match) it becomes very powerful.

[not loaded or deleted]

Whereas BLK I think, actually knew the murderer beforehand (just like I think BCK did)

Is there any evidence, at all, to support this? One single bit of evidence or support? One iota? A fragment? A miniscule, tiny shred? A hint of substantiation?

And thatā€™s what got him killed under FBI orders

Killed, under FBI orders? Oh my oh myl Who was?

Can you explain why the FBI assassinate people connected to the case but couldn't put some victim DNA in Kohberger's car?

[not loaded or deleted]

Together they establish that there was an intruder in the house

I think the 4 dead bodies hint at that also.

The intruder may be related to events inside the house?

Weird that under your scenarios the FBI assassinate ex military connected to the crime to cover up aspects but don't take out a 19 year old student. Why is that?

[not loaded or deleted]

I think you can set an automated reminder on Reddit, by replying to your own comment, with a RemindMe - check exact text to enter

[not loaded or deleted]

All they had for car evidence at that point was what was outside the King Road house

Is a car circling the house 4 times just before the killings, and speeding off just after the killings, not the most incriminating? The Pullman videos trace a route between his apartment and the scene, before and after, and link the movement of the car and movements of his phone. A key identifier, the missing front plate, was from video in Moscow of the car close to and driving toward King Road, not from Pullman videos ( or not only from Pullman).

[not loaded or deleted]

under an alternative account as your current account was set up today?

šŸ˜€šŸ¤£šŸ˜€šŸ¤£šŸ˜€šŸ¤£šŸ‘€

[not loaded or deleted]

This is the most shady series of events i've ever witnessed.

As you seem like a Lemony Snickets viewer, this is indeed worrisome.

[not loaded or deleted]

Blum was so close to making the connection, but he didn't

You are spot in, I hadn't clocked that. He was perhaps too focussed on that pool party no one attended.

[not loaded or deleted]

Based on some facts

Which facts?

[not loaded or deleted]

šŸ˜€šŸ˜‚šŸ¤£

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