LIVE! Real Lawyer Reacts: Kohberger Motion to Compel Hearing - Is Evidence Missing?
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- Опубликовано: 26 сен 2024
- #lawyeryouknow #universityofidaho #moscow #idaho4
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SUPERCHATS & DISCLAIMER - 1. Superchats read out are not to be taken as my opinion nor endorsed by me. 2. Questions are answered on best efforts based on my knowledge and jurisdiction.
🔴 NOT LEGAL ADVICE
As a former detective it is the lead investigator’s responsibility to make sure they have all the materials. This is ridiculous.
Thank you for clarification on that. ( have you seen the Karen Read trial?)
I realize there is a lot of info between local, state and federal, but this may cause a guilty man to go free or worse yet, an innocent man to go to prison for life!
@@maxbang1813that’s a loaded question! LMAO I rarely fall for the soddi (some other dude did it) defense, but I think it’s obvious in this case that KR is innocent!
Defence is playing it, imo.
I'm Idahoan. We do have great police. 😊😊❤❤
I have an advanced degree in criminal investigation. This is inexcusable! They can’t even account for the evidence they collected! And isn’t Kohberger an expert in digital forensics? I think Idaho has a problem. Thank you, Sir, for your expert commentary! You’re awesome!
Yes he is, and that's incredible, because his profession is exactly what will get him out of prison.
No he was studying to be one but only made it one semester till this happened.
@@JJ-zr6fu Yes, I know, but his area is where the prosecution is using their cell pings for the area of the crime, and the defense will prove that he was in another location with exactly the same evidence as the prosecution, wonderful, I'm sorry🤣
@@JJ-zr6fu for his masters; he obtained a bachelor's in the field
Between Moscow, Karen Read, and Delphi… I can’t believe how much corruption seems to be occurring in these cases! 🤯
Absolutely agree, I was about to make that exact comment.
Can you prove that law enforcement are all corrupt in all of these cases?
If they are all so corrupt, how is it that no one has seen and proved the corruption, thereby getting the cases thrown out and the accused freed?
Why is it only keyboard warriors with no legal qualifications on YT who see all of this supposed corruption?
In the cases you mentioned, it seems that there are a lot of state employees who collect a paycheck and have little incentive or knowledge on how to do their jobs. They used to be called pencil pushers. When a case like this hits in their jurisdiction, they are exposed.
God help us if this clowning interferes with justice.
I just said the EXACT same thing to my husband, who is sitting next to me and then I read your comment. It's getting weird.....
One of the police officers involved in this case is under investigation for arresting a doctor for the death of another doctor. This police officer lost his clinic and had his rights denied. Idaho corruption runs rampant
If I were the victims parents, I'd be so furious with the prosecution -- it's up there with the anger I'm getting over the Karen Reed trial because the families deserve better. They deserve justice, they deserve answers, and the right person(s) need to be held accountable.
@i.am.heather, you are absolutely right!!! Couldn't have said it any better!
The KR trail is so much worse than this. I have never seen such carelessness as what I have seen in the KR case
Hopefully there's no blood in red solo cups here 🤣
Totally agree with you x
The right person IS being held accountable here. This is NOTHING like the Karen Read case. There is an extensive gag order on this case and a lot of evidence we don’t know yet. Remember that.
Idaho spent a million dollars for this investigation and the incompetency is unreal.
Most went to lodging/food. 😂
“Embezzled” would be the preferable there, with equally suspicious expense accounting. 🤨
Strange how 3 prime members in this case (Lanier, Fry, and BT) are all suddenly retiring, eh? I wonder what their secret payouts were from the $4M+ spent so far? 🧐
Peter, thank you for providing clarity in a convoluted case. Ppl should be bothered by the fact that the state produced half work and a bunch of “ I don’t know” when it comes to a man’s life. Regardless if you think BK did it, if you were in his shoes, or your brother, husband, child were in his shoes , wouldn’t you want all the evidence in an organized fashion? None of us would like to be a defendant and not be able to defend ourselves because we are given a needle in a haystack, as Peter put it.
I agree 100%!
HOW CAN THE STATE LOOSE EVIDENCE??????BK IS INNOCENT
@@kellycregeen1393 Until this case goes to trial and all of the evidence is presented by the prosecution and defense, we don’t know for sure whether BK is guilty or innocent. And with two gag orders on this case, there is so much evidence and information that we don’t know yet. But I do agree with you, that it is unconscionable if the prosecution has lost evidence and I firmly believe that the prosecution should turn over all discovery to the defense so that this trial can move forward. BK is 💯% innocent until proven guilty by a jury during trial and these four victims also deserve justice. None of us knows enough of the evidence in this case until this case goes to trial, and all of the evidence has been presented by both sides, to determine BK’s innocence or guilt.
@@kellycregeen1393
I agree 100%
@@kellycregeen1393 hes guilty. dna doesn't lie.
Law enforcement was under enormous pressure to arrest someone.
It’s the prosecution’s RESPONSIBILITY to produce it
Legally and ethically MANDATED to produce it...
She needs to watch all of them to find which ones she deems relevant to her case. Why would she just take the cops word for it? State needs to give Defense EVERYTHING!
This is a death penalty case , if they used them the defense absolutely has the right to view it .. if I was the family, I’d be pisst ! No way the lead detective doesn’t know anything about the biggest case of his career
My teenagers have more knowledge of where all my missing spoons have gone than the lead investigator does of this case. Unacceptable.
Everyone is innocent until proven guilty. Even if you're sure someone did something, you still need to prove it.
Not these days
Prove it beyong a reasonable doubt. Which means anyone can be convicted for anything if the jurors believes the evidence provided. You can have a person walk into a gas station with one attendant and no cameras and if they are found two hours later murdered but no witnesses or cameras or nothing. You would be convicted in most cases in most decades and rightfully so. Its unfortunate and the justice system isn't perfect but that doesnt mean just because you say something makes it true. Look at OJ, Casey Anthony, George Zimmerman, Stephen Avery, Joe Exotic and many other cases just recently... We know all these people are guilty and in many cases like them people were convicted. Your asking for a world you think you want to live in but in reality you would hate it. Your not advocating for the innocence your advocating for perpetrators to get away with crimes easier. Theres always going to be innocent people found guilty 1 out of a million and that's unfortunate and bad luck. But unfortunately theres not many other options unless you want to live in a lawless country with street/, frontier justice.
💯%! 🫶🏽
True but don’t expect people to not look at the scale facts come to a conclusion. I hope you’re a big OJ defender because he was proven innocent
How can data exist to write a PCA and then it doesn’t exist? Wrongful arrest. He shouldn’t be in jail.
Exactly and that is why they dont want to turn it over!!
Because pigs lie!
Yep.
Hearsay. Defence is playn it.
@@3ForestAnimalsIt isn't the defense that is claiming it is missing it's the prosecution!! The defense has every right by law to receive this evidence however if the prosecution doesn't turn it over for discovery it's useless!! Also not only that but the witness that the defense is using normally testifies for the state and even he is saying that it isn't in what they turned over!! Not sure where you get your information maybe Nancy Grace or someone who is just speculating like you!! I got my information from the court proceedings watching the case big difference!!
Shouldnt all the videos HAVE LABELS?
All this tells me that prosecutors don’t have a strong case against Brian
It REALLY makes me wonder! If you have proof he did this- why aren’t you handing it over? There should be NOTHING withheld from the defense, especially if the case is so strong. The state is being so odd by withholding the proof they have! After the Karen Read trial, I want to see PROOF beyond a reasonable doubt. If he is guilty- proof should be plentiful and not withheld by FBI, State Police or the local Bozos.
Ugh, if my life was on the line I'd want my lawyer to be able to have the tapes. It feels like the officer is stonewalling and buring them in data
I’m so glad the police work is being focused on because I think that’s where everything got messed up in the first place and I don’t even see how it got to the court in the first place.
She is right put sanctions or do something!!!! Instead of sitting their looking like a confused moron. Do something judge!!! I feel the frustration of the defense.
Judge should do what he needs to do say you have until this date to turn it over and if you dont turn it over this will be a result you dont like. But to me they arent turning it over because I think it proves his alibi and they pushing it off as long as they can to keep the public opinion of guilty
She’s worn out all good will from the judge with her attempt to over throw over a century of case law on grand juries and then also running over deadlines
@@JJ-zr6fu don’t know what case you are watching but this would have been in trial already if Thompson would hand over evidence. Defense doesn’t even have the basics in the PCA. Absolutely ridiculous. Then those very ignorant cops saying they don’t know anything and go ask the person in charge of the evidence closet.. what? No you go find it and hand it to prosecution so they can give to defense to get this going. It’s shameful the way the state is doing. If you are so strong in your convictions then show the evidence on how you arrested him. Supposedly grand jury saw it so give it to defense.
It's the prosecution's job to get discovery from law enforcement and it's law enforcement's job to properly categorize evidence. This is a high profile quadruple homicide, this conduct is shameful and suspect.
All the surveillance video booked into evidence is available for review by the defense. The defense sounds like she doesn’t want to spend a day or two sending her investigator or assistant to the evidence custodian to read all the labels on each of the hard drives to find precisely what she is looking for.
@@AllegedlyAngela I can't tell if you are serious, but in the event you are, you haven't been paying attention to the case, and don't understand the responsibility of LE and a prosecutor. Do your research, then perhaps come back to the chat - it's much more interesting to engage with commenters who understand.
@@healthynycwellness I can`t tell if your serious, It is legal to even hide evidence in discovery to make it hard for either side This has gone on for years.
@@healthynycwellness the responsibility of the prosecutor is to turn over any direct exculpatory evidence and any evidence they intend to use at trial. The rest is available by request via supplemental discovery request in which case the prosecution can provide it to the defense or make the evidence available to the defense and to allow the defense the ability to view and copy any evidence they might be requesting if the evidence is in the control or possession of the prosecutor’s office.
@@healthynycwellness Idaho Criminal Rule 16. Discovery and Inspection
(a) Mandatory Disclosure of Evidence and Material by the Prosecution. As soon as practicable after the filing of charges against the accused, the prosecuting attorney must disclose to defendant or defendant’s counsel any material or information in the prosecuting attorney's possession or control, or that later comes into the prosecuting attorney's possession or control, that tends to negate the guilt of the accused as to the offense charged or that would tend to reduce the punishment for the offense.
(b) Disclosure of Evidence and Materials by the Prosecution on Written Request. Except as otherwise provided in this rule, the prosecuting attorney must, at any time following the filing of charges, on written request by the defendant, disclose the following information, evidence and material to the defendant:
(1) Statement of Defendant. On written request of a defendant, the prosecuting attorney must permit the defendant to inspect and copy or photograph:
(A) any relevant written or recorded statements made by the defendant in the possession, custody or control of the state, the existence of which is known or is available to the prosecuting attorney by the exercise of due diligence;
(B) the substance of any relevant, oral statement made by the defendant, whether before or after arrest, to a peace officer, prosecuting attorney or agent of the prosecuting attorney; and
(C) the recorded testimony of the defendant before a grand jury that relates to the offense charged.
(2) Statement of a Co-Defendant. On written request of a defendant, the prosecuting attorney must permit the defendant to inspect and copy or photograph:
(A) any written or recorded statements of a co-defendant; and
(B) the substance of any relevant oral statement made by a co-defendant, whether before or after arrest, in response to interrogation by any person known by the co-defendant to be a peace officer or agent of the prosecuting attorney.
(3) Defendant's Prior Record. On written request of the defendant, the prosecuting attorney must furnish the defendant copy of the defendant's prior criminal record, if any, if it is then or may become available to the prosecuting attorney.
(4) Documents and Tangible Objects. On written request of the defendant, the prosecuting attorney must permit the defendant to inspect and copy or photograph:
(A) books,
(B) papers,
(C) documents,
(D) photographs,
(E) tangible objects,
(F) buildings or places,
or copies or portions of them, that are in the possession, custody or control of the prosecuting attorney and that:
(A) are material to the preparation of the defense,
(B) are intended for use by the prosecutor as evidence at trial, or
(C) were obtained from the defendant or belong to the defendant.
(5) Reports of Examinations and Tests. On written request of the defendant, the prosecuting attorney must permit the defendant to inspect and copy any results or reports of physical or mental examinations, and of scientific tests or experiments, made in connection with the particular case, that are in the possession, custody or control of the prosecuting attorney or the existence of which is known or is available to the prosecuting attorney by the exercise of due diligence.
(6) State Witnesses. On written request of the defendant, the prosecuting attorney must furnish to the defendant a written list of the names and addresses of all persons having knowledge of relevant facts who may be called by the state as witnesses at the trial, together with any record of prior felony convictions of any of them, that is within the knowledge of the prosecuting attorney. The prosecuting attorney must also furnish, on written request, the statements made by the prosecution witnesses or prospective prosecution witnesses to the prosecuting attorney or the prosecuting attorney's agents or to any official involved in the investigation of the case unless a protective order is issued as provided in subsection (l) of this rule.
(7) Expert Witnesses. On written request of the defendant, the prosecutor must provide a written summary or report of any testimony that the state intends to introduce at trial or at a hearing pursuant to Rules 702, 703 or 705 of the Idaho Rules of Evidence. The summary provided must describe the witness’s opinions, the facts and data for those opinions, and the witness's qualifications. Disclosure of expert opinions regarding mental health must also comply with the requirements of Idaho Code § 18-207. The prosecution is not required to produce any materials not subject to disclosure under subsection (g) of this Rule. This subsection does not require disclosure of expert witnesses, their opinions, the facts and data for those opinions, or the witness's qualifications, intended only to rebut evidence or theories that have not been disclosed under this Rule prior to trial.
(8) Police Reports. On written request of the defendant, the prosecuting attorney must furnish to the defendant reports and memoranda in possession of the prosecuting attorney that were made by a police officer or investigator in connection with the investigation or prosecution of the case.
(9) Digital Media Recordings (Audio and Video Files). On request, the prosecuting attorney must release to defendant digital media that may or may not contain protected information as defined by this Rule. The prosecuting attorney must state whether the disclosure contains protected information.
(A) Unredacted Digital Media. The prosecuting attorney may release unredacted digital media to defense counsel for the purpose of expediting a resolution in a case prior to trial or hearing. The obligation of defense counsel is as follows:
(i) Defense counsel, including agents of defense counsel, may review the unredacted digital media and discuss the content of the recording with the defendant but must not share the unredacted digital media in any manner with the defendant without prior consent of the prosecuting attorney or an order of the court.
(ii) With prior consent of the prosecuting attorney or an order of the court, defense counsel may allow the defendant to view the unredacted digital media in the presence of defense counsel or defense counsel’s agent, but defense counsel must not allow the defendant to retain a copy of the digital media in any version, to take photographs, or to otherwise duplicate the digital media in any form.
(iii) Defense counsel must take reasonable steps to ensure that the unredacted digital media is safely stored and cannot be accessed by anyone other than defense counsel or defense counsel’s agents.
(B) Redacted Digital Media. If the prosecuting attorney determines that the digital media contains protected information that requires redaction prior to disclosure, the prosecuting attorney must provide a redacted version of the digital media, along with a written explanation of the information that was redacted. Defense counsel may allow the defendant to view and retain a copy of any media that is redacted by the prosecuting attorney. If defense counsel disagrees with any of the prosecuting attorney’s redactions, before allowing the defendant to review any unredacted media, a Motion to Compel must be filed and argued in accordance with these Rules.
(10) Disclosure by Order of the Court. On motion of the defendant showing substantial need in the preparation of the defendant's case for additional material or information not otherwise covered by this Rule, and that the defendant is unable without undue hardship to obtain the substantial equivalent by other means, the court may order the additional material or information to be made available to the defendant. The court may, on the request of any person affected by the order, vacate or modify the order if compliance would be unreasonable or oppressive.
I'm so tired for being attacked while watching hearings for simply stating that I've not seen any evidence of guilt or how could I possibly know of guilt or innocence when there has not been a trial. It is troubling to me how many people made up their mind about BK already.
Thank you SO MUCH for explaining this to people factually, with reason and critical thinking. ❤️
Same! Ppl are so ready to jump on the bandwagon with their pitchforks and it's honestly terrifying
I agree with both of you we have laws and procedures for a reason and so far I see the defense destroying the prosecutions case!! While the prosecution is dazed confused and lost in BFE!! By law the prosecution must turn over all evidence they plan to use or have and are asked for if they don't that evidence is useless! Judge Judge needs to step up give the prosecution a deadline and stick to it that is his job!! Instead we see him helping the prosecution delay the case yet everyone wants to blame the defense! People talk about his alibi that he already gave don't seem to comprehend he wants the data to prove where he was because according to what I read he has to have a witness to confirm his alibi in order to even have it accepted! Definitely explains why he wants the data to prove where he was especially if he was alone!! Not that hard to understand!
@@ralphjones8499
Not at all hard!
BK deserves a fair trial and it seems the prosecution isn’t being forthcoming. Makes me question if they have the wrong person. 🤷♀️
The defense is being shady.
He deserves a fair trial and those 4 students deserve truth and justice which means everything should be turned over to show they have the right person because if they dont that means they spent all this time on the wrong person to get a win.
My perception : if the prosecution was 1000% positive they have the right guy.. giving up their evidence would be easy.. to me.. prosecutions case is falling apart.. it seems they don’t want to & what they do give up AT finds to be untrue. Like BK stalking the victims..
He deserves a fair trial but his attorney is getting lost in the forest
@Just-us-4E they have handed over terabytes of data to the defense including the dna match. The defense is trying everything they can do to get a mistrial because they know the state has him dead to rights.
If the state is basing ANY of their findings on ANY video clip, then they should be turning the entire clip over in full. Innocent or guilty he has rights.
So many people forget he has rights and is innocent until PROVEN guilty in a court of law because they are scared that if he is innocent then a serial killer is on the loose so they let their feelings override reason and become zealots demanding he be put in prison or to death.
Sounds like the desks at the MPD are littered like an episode of Hoarders
Wait. Are you saying that the MPD doesn't really have any evidence? Gasp!
Boy, I really didn't see that one coming.
Let me guess...the feds are not responding to the MPD's request for evidence, right?
MPD: "Hey, FBI. Can you provide the CAST report for BK's phone? You guys said you had one for us."
FBI: "We don't have a CAST report for BK's phone, but we do have several for people local to Idaho and Washington, among which are some of your officers. Do you want those?"
LOL.
Police investigation Is dreadful, "surviors" need to be fully investigated.
Bryan IS innocent unless PROVEN guilty. Otherwise, THE STATE can kick rocks
Wait. Are you saying the state has to provide evidence that proves his guilt? Are you sure?
LOL.
Why wouldn’t the prosecutor have this one video tape in their own possession ?
I’m disgusted by the lead detective testimony. Seems the PCA was all reverse engineered and fabricated. Something bigger is at play here. That’s why they tore house down so quickly. Definitely think there’s a high probability he’s innocent and cops have wasted 1.5 years. This leave no trace was a professional hit.
It’s concerning that the person who committed the crime could get away because of negligence or error of the state.. but it is even more concerning to convict the wrong person and let the real guy free to commit more crimes…
And who says he's going guilty?;has your prosecution got the goods to convict or proof BK did it? I doubt it very much
@ruthcarter1360 how did you come up with that based on this comment? That's not what they were saying at all.
Absolutely 💯
@@Codered810 yeah when the comment says that the guilty person could get off with shoddy police work, is he guilty? Has he been framed? I see what you're saying about an innocent person getting death penalty with bad police work!! BK is innocent.. there's such confusion out there now!
@@ruthcarter1360Why was BK always wearing gloves. Why did the cameras in area all identify white car in area late at night. Bad feeling the ineptitude of prosecution will let murderer walk free. State needs expert witnesses to help them rescue case
It is 2024 and they lost a video? You can literally save it to a computer, label it, and you have it forever. When the state says they "lost" something that means they deleted it. Zero excuse for this
Save it to the cloud even ! That's way it's there no matter what happens to the physical thing it was saved on
What video was lost?
@@AllegedlyAngelaone of the videos the state collected as evidence. The state claims to not know where it is and that the defense will have to come to their evidence room and go through thousands of hours of video to find it.
@@willbeard4835 they don’t have to watch 1000’s of hours of videos. They can go through each labeled hard drive and sort through files for the date and time they are specifically looking for and only watch those videos and they can even fast forward to the exact time she is looking for.
so true 🤣🤣🤣🤣 💯
Notice how I don’t knows completely drop and he becomes completely articulate with the prosecution. He himself is resisting helping the defense in any way, shape or form. They should not be allowed.
Imagine being poor and a minority in this corrupted legal system
We would have already been in front of the firing squad
Seems like they walk all day long.
These DAs are more concerned with winning tha getting justice. This should not happen. There have been some who have put people they knew were innocent in jail for life.
I usually have an opinion (even though I'm supposed to believe a person is innocent until proven guilty) but I have some serious doubts abour this case. The prosecution is being extremely shady and has been from the start. And even if they have a good case they are slowly but surely destroying it. There are some legitimate appellate issues already. It's just so sad. This is an important case. I know the victim's families want and need justice and closure but are they really getting that if the wrong man gets convicted? I have a weird feeling in my stomach. I just don't think the prosecution is being honest.
I agree with you. I’ve been silently following everything that’s posted. Every hearing. Why is the prosecution not turning over absolutely everything? Are they afraid they don’t have enough to hold him? I’m concerned what the hold up is too. I have the same icky feeling in my stomach that something is way wrong here. I will gladly eat all the crow if I’m wrong, but my gut has yet to let me down.
Speaking of missing evidence Bubbly waters did a vid couple days ago regarding an interview w/SG. He was livid. He didn’t think LE was doing anything and this was before they arrested Bryan. He says ok I’m just going to say it… the wounds in each of them didn’t match. Has that just been buried? This came out of his own mouth, not speculation
I dont hate Bryan. I want him to get a fair and unbiased trial. What us happening should give us all pause. If it can happen to him, it can happen to us.
Exactly. Terrifying concept.
It sounds as though it has happened to many innocent people. He is probably lucky that his is a death penalty case , so that he has a very good lawyer . Otherwise he would possibly be in prison for life .
Especially if you live near Moscow or Canton...or alot of small towns
His dna was found on the knife sheath at the crime scene 😳
@@Chaseh1616 that's still questionable at this stage
Thank you Peter for taking the time, energy, and effort to discuss these cases! 💗 I appreciate it immensely and I always learn something new. I don’t understand why the prosecution won’t just hand over all of the discovery information requested by the defense so that this case can finally go to trial. 🤔 It seems like so much time and resources have been wasted thus far in this process imho.
Hear, Hear! ❤
$8 million and counting
the Knife Sheath cannot be used as Evidence because it Could Have Been Placed There as a Frame Up Procedure
Thank you Peter... the voice of reason! I hope many of your subs learned from this that you truly need to have an open mind... there are so many shady things happening in this case!
The way Peter read the “ilysm” comment! 😂 we all appreciate you and your time/dedication to covering these cases ❤
Amen!!!
I always love to hear a lawyers point of view in these cases ! Awesome video! great channel !🌟
That's really why these cases are my go to watching...learn about legal system, keep updated on what is going on, expose the corruption and use my brain to exercise being a juror and use critical thinking. But it has ruined my enjoyment of comedy crime sitcoms...the last episode I watched an outsider came into the police station and shut everything down cuz they were getting evidence without search warrants and working with police underhandedly and we used to hate the outsider but I'm like no, this dude is right! You can just trample all over the Constitution cuz ur police or the guy my get away! My husband is like yeah, I know, it's a show. Lol. At least I can watch my historical fictions still.
Hmmm I wonder if l.e. were feeling too much pressure from the public, families, and the school not wanting the murders to destroy future enrollment bc BK sure did come out of nowhere and fast
Who on earth (single and lives alone) has a legitimate alibi at 4 am?
EXACTLY!! I’d have been toast a few years ago, even i probably didn’t know what I was doing on a random early morning at 4am, let alone anyone else.
If they used it to make their arrest and PCA, then how can they not know where it is? Or which one it us? There is so much unfairness in this case. Very scary that no one is intervening for the rights of the accused.
The judge is making excuses for the prosecution. What is wrong with this judge? The judge needs to do his job or excuse himself from the case .
Azam Noorazzah Jumberi Congrats on your 2 year membership. You're very generous to gift memberships. ☺️⚖️🎉
The amount of issues with the defense getting access to evidence in this case, especially evidence with the police not the FBI, now has me wondering if the prosecution actually has the evidence they claim they have. I mean, if I was on a jury and I was told that the state hadn't turned over all this evidence so the defense could view it themselves and all we have is the state's/police's word that these exist/ they didn't alter it, I'd have no choice but to acquit, regardless of my personal thoughts on the matter, because there's no way to overcome reasonable doubt in that situation. Because then it calls all the evidence into question.
They don't.
They spun a story in the media to calm down residents who were ready to have a recall election for the da and sheriff, and now they are trying to cover their asses while they make the evidence they need... but that damn pesky public defender actually got experts that tore their "evidence" apart and now they are trying to blame the feds saying the feds have it because the state courts can't force the feds to turn over anything.
See I agree but there is so many people who are not seeing it that way and saying AT is using this as a tactic its like are we all watching the same hearings or are they so comsumed with assuming guilty they are not paying attention. It worries me those with be the kind of Jurors will be picked. I would travel just to be a Juror because I know its a huge responsibility to listen to both sides fully before you come to a verdict .
The prosecution should be ashamed of themselves! So far, the only thing I see is that the prosecution is incompetent and possibly corrupt. Poor Bryan, sitting beneath the court house watching his dreams slip through his fingers. If they are wrong about this, and it’s really starting to look like that, they DESTROYED his life on a hunch, while they dismissed all the main players. This is a travesty of justice and the world is watching. I’m so sorry for all of the families because clearly justice is not being served.
Pete: You have NO IDEA how much legal haze you cleared up so _concisely_ in just this one video!! 😳
As good as you likely are in trial law, I GUARANTEE you’re an even better *teacher!* This is not something you can learn-ya got it or ya don’t. 🤷♂️👍 impressive ‘synthesizing.’ 😄
Informative witness…. LE Not saving their work to obtain a warrant on a case like THIS is unbelievable
Americans should be very concerned with this process.
Yes we should
Great work sir , I grew up in WA
ST , went to WSU years ago , but have friends that go to WSU right now. He stated that , everyone on campus and their mothers know that the residence on king road was the plug for all WSU and U of I , when it came to narcotics. All residents always had wads of cash on hand. I knew with almost 95% accuracy I knew that he wasn’t the guy. No
Blood in car, in apartment, or
Eyewitness stated nothing about seeing blood on the man who walked by her on his way out of house? You gut 4 people and no blood on him?
Wait at TS 958 he say he don’t know where Money store is and it doesn’t sound familiar the. She had him look at address he repeats it then say “ if memory serves me correctly “ before he had never heard of it .. contradicting..
That detective Payne is a rude arrogant smart ass who should be in jail . He does not care about those victims . AT keeps her calm inspite of this disrespectful creep .
Thank you for being so thorough! I don't care how long it takes for you to get the information to us. You're doing a fabulous job!
Why is the judge accepting this? That they don't give the evidence to the defense
Because he is compromised
This case is a total sham , unfortunately I have first hand experience in how corrupt the legal system can be. It is definitely “guilty until proven innocent” not the other way around as we are lead to believe.
After watching the Chad Daybell trial, this trial is a hot mess !!! I do not believe BK is guilty…I hope he gets a fare trial ✝️⚓️❤️
Peter, you are by far the best at breaking down what's going on in the court room and explaining it. God bless.
How does the prosecution not audit their disclosure to know what has been produced, what needs to be produced and what the policing agencies need to turn over? It’s a simple list.
Prosecution claims they dont have it and then Detectives claims they gave it to them. Right there to me shows me things are not right. That is why she had these hearings because people kept saying she was coming up with tactics to prolong it when all they want is evidence. Now it may help them may not either way it should be turned over.
I absolutely love love love your show. You do a great job. I really enjoy listening. Thank you for all your hard work.
Im starting to think this smells really bad -from the police and prosecution. This is dodgy stuff, imo🎉❤
I am hesitant to offer a comment but I'm going to give it a shot. I think Ann Taylor is an EXCELLENT defense attorney and if I or anyone I love faced these kind of charges, I'd want her in my court; even if I know about guilt. That said, she isn't "my cup of tea." I also think that the prosecution has, for whatever reason, been weird. I don't know why or how they've created their narrative or partnership with the defense but I think the outcome is sowing doubt in the prosecution. Perhaps the legal system doesn't reward honesty or efficiency in the process - primarily honoring the process. But the cost - in time and dollars - for delays and hearings and whatever else - is heartbreaking. I hope that the prosecution as gotten their perpetrator. But if there is doubt, really reasonable doubt, stop this money charade! Work toward progress/outcome and let go of ego.
The judge seems to be making a lot of “assumptions” at the end - but i don’t think the law is actually based in “assumptions”… right!?
This Judges lack of motivation to make a decision is alarming. What’s also alarming is the change in demeanor of the Prosecution, once the Defense begins discussing relate info. I wonder if they’re aware Sy went to the house, before it was tore down. Arresting someone is not Justice for the family, convicting the right person is Justice.
To know what she is doing has to do with the dates, and they don't match up with when they got warrants.
Thanks Lawyer you know for breaking this court hearing for us. Appreciate it. Also was able to renew my membership today and happy that was possible 👍🏻
I’m sorry, but under what circumstances would a judge rule that some pieces of evidence are irrelevant? Maybe the defense can use them in a way no one thought of before
Not “inadmissible “ in trial but not letting defense even see it???
I've been waiting for this ❤. Love how you break it down, Pete! Liverpool 🇬🇧 here x
Yes he is being completely unhelpful. If this is THE STAR video they should have it labeled and on hand. I’m sure the prosecution will be using it. He should have offered for his staff to find it and give to the defense. The judge should order this if it’s allowed. This guy is making sure he in no way makes anything easy for the defense.
Thank you, Peter! I watched this live last week, plus tried a few analysts over the weekend. Because you include examples, I'm left w fewer questions and retained more. Thanks again!!!
This is absolutely *RIDICULOUS!!*
I'm currently working in IT, telco software to be more accurate so this is right up my alley. The expert witness sounds really good, he knows what he is talking about. However, from experience I would be shocked if this turns up to be anything. Cell towers don't change that often and if some months in the middle are missing data but the beginning and the end match, it is extremely unlikely that the middle is different.
The calibration part is tricky. The measurements of this type can have intermittent glitches which don't mean much 99% of the time. Again, highly unlikely this amounts to much in the end, doesn't look like that big of a deal to me. But the defense is defending, they are doing their job and pulling all the stops.
Iv been waiting for your opinion on this because you are just truly unbiased u just asses what is going on and give ur educated opinion on it
This stinks to high heaven. The judge needs to intervene.
i feel oh so confused in this case other than the state isn't handing over what they should.
I think is a cover up, i don't think is him
He is innocent, innocent until proven guilty.
hes guilty af and relying on idiots like you
What did the County Prosecutor's Office show the Grand Jury? From these hearings, it doesn't sound like the State has any evidence.
Also, it's nice to see the defense get their turn to try the case via social media before the trial date.
@erictrott6553 Not enough 6 members of the grand jury said they needed more to indite
@@juanitaadkins3138and yet every single member of the grand jury voted to indict.
@@AllegedlyAngela But with what? Was the bare minimum (the affidavit) enough?
@@erictrott6553 the bare minimum is what is needed to indict. The standard of proof is simply establishing probable cause. Nothing more.
The question to establish probable cause is:
Based on the circumstances and evidence presented, would a reasonable person believe that the defendant may have committed this crime?
The answer is yes.
Any reasonable person would believe that a defendant whose car was seen on surveillance leaving his apartment at 3 in the morning, whose phone coincidentally disappears from the phone network for a period of two hours, who drives the same color, make and model vehicle seen on surveillance circling around and speeding away from a crime scene, whose DNA was found inside the crime scene might have committed the crime.
The burden of proof for an indictment is low. It’s only to establish probable cause. This is why most defendants waive a preliminary hearing because the burden of proof at a prelim is also probable cause.
Yes.
@@AllegedlyAngela So the video exists that shows these things? Because it sounds like it doesn't. Or, at least, the defense doesn't have it.
As the family of the defendant, I would want my kid to have the best defense and the truth and not deception from police and state!
But you would be ok with deception from your family member’s defense. Bryan is toast!
@@helenlouks5874 no but we don’t know yet! If the state is fudging the results that is not justice for the victims or innocent people.
@@helenlouks5874What deception do you have proof of from the defence ?
I agree with you, Peter! Thank you for educating us and getting us ready for the trial. I know how busy you are, but I think you would appreciate the interview of some of the jurors from the Chad Daybell case on East Idaho news.
Sloppy record keeping. SMH
I am interested to know how many people have swayed from most likely guilty to probably innocent in this case as time has gone on. I am one of them.
I'm following this case because I had a weird gut feeling from the beginning that he didn't do it, so I thought it would be interesting to test my intuition. I'm usually a bad judge of character so I expected him to be found guilty, but this... this is not great looking for the prosecution at this stage.
I was most likely guilty and I’m still most likely guilty
With every new hearing, we are seeing more and more how sloppy LE's work in this case has been. If the prosecution has the evidence that proves BK's guilt without a shadow of guilt, this should be handed over to defense and in an organised fashion. This is a DP case after all. It's rediculous that AT is having to pull teeth to get this info to defend her client. Brett Payne's frequent 'I don't recall' responses gives the impression that he is being deliberately obstructive.
For me, nothing ever made sense... a guy with zero criminal record and no connection to the victims that had only been there for a few months just didn't sit right for me - but I sat quietly most of the time cause so many couldn't see the forest for the trees
I remember my husband adding me to a BK is innocent group at the beginning and I thought he was trolling me! I then come across the 4Chan conspiracy and whilst I am not a conspiracy theorist, it made me question MANY aspects of the case. All of what has already been mentioned plus the house coming down so quickly.
Oh my goodness…. This is not looking good for the state
It hasn't from the beginning, if that makes you feel any better.
The fictitious PCA should have offered a clue to the BS nature of the state's case.
From what I’ve seen of this judge (I have not see it all by any means) but I don’t see the judge doing much of anything that benefits the defense.
You don’t need to provide an ALIBI.
I find it unbelievable that the State is being allowed to get away with all this. I have no idea if BK is guilty or not but the Judge really needs to wake up and start doing his job.
To me, they arrested BK because they needed to get someone. He's perfect, he's creepy & has a PhD in criminology. He has no friends etc... I feel they are covering for the frat house across the street. I really feel like UI has a bad reputation for just this kind of behavior. Several students have died and the cases go cold because they don't want to point the finger at anyone attending UI. Parents won't let their children go to UI if they have this reputation. Not to mention they don't want to lose that 180 million dollar merger with UP. The Moscow PD did a terrible job investigating this case. Just like Canton Mass. It's time to expose the corruption in the courts and law enforcement.
Bingo!
I agree , which also explains the involvement of the university in the investigation. Even without having BK as a suspect , there’s been many issues since this happened.. bizarre
Spot on.
Why is he creepy? I think that's how he's been portrayed in the media but we don't know him well enough to really say what he's like.
At this point I’m side eyeing the prosecution they look shady not giving evidence over to the defense
I like his defense attorney. She will be a force.
The CAST tool was something the defense brought up in the Daybell trial.
Hasn’t he been sentenced to death?
The same FBI CAST Agent that did the CAST analysis in the Vallow/Daybell trials is the same FBI CAST Agent that did the CAST analysis in the Kohberger case-FBI Special Agent Nick Ballance.
@@enigma_-_79 yes
41:15 i like instrument, because it you don't tune (calibrate) an instrument it very clearly won't work properly.
Damn it if Moscow botches this case and Bryan gets off. But now I ask myself is he even guilty. I was so sure before but I've lost a lot of confidence in LE. P.S BK really lucked out getting Ann Taylor.
The proper and technical term for a machine that does analytical testing IS instrument. It's an analytical instrument.
It’s also mechanical. A machine.
He will walk. Whether due to innocence or incompetence is irrelevant.
Based on some of the comments, I hope I never have to rely on a jury of my peers to determine my innocence or guilt.
I don't know what you mean. BK is clearly GUILTY AS CHARGED.
I mean, the state can't produce any evidence that actually proves he is guilty, but I am telling you he is.
LOL.
@@mikehawk9902 you haven’t seen all the evidence and clearly haven’t been paying attention to the hearings.
@@mikehawk9902 awwwww.....you're kidding...got it..
I have not been impressed with this judge. He seems to frequently not undersatnd the relevance of much of the defense technology concerns. In addition the judge appears to provide leeway to the state regarding important discovery. this will be appealable and is creating a unstable foundation prior to the trial even begining. the defense expert cell tech witness was extraordinary. this is becoming embarrassing for the state. the state argument regarding the irrelevant evidence relating to what went into probable cause is a head slapper. The prosecutin is there to secure justice not simply go after someone. they need to support due process not actively inhibit it.
I have to respectfully disagree about Judge Judge. I think he is a very fair Judge who wants to be sure he understands. The area this crime happened in is very "small town"... this shocked the ENTIRE panhandle and Eastern Washington. This type of thing just isn't typical in Moscow... it's not typical even in CdA or Spokane. In my opinion, Judge Judge just does not want to put the community through this again or violate the defendants rights. I don't think any Judge in the state of Idaho would be able to understand the technical things here work the exception of Judge Boyce and that's only bc he's done it twice already
I respectfully don't understand anything you're saying. The judge is being overly biased to the prosecution which seems like he is as corrupt as a prosecution is@lilithstribe
@@christking85 Doesn't seem like you know much about criminal justice anyway, your opinion about the judge is like asking a plumber to construct my garage.
@@rocsti5402 your comment makes no sense.. I would love to hear you explain how your comment and my comment are related in any form.. also I'm a new construction plumber so I would really enjoy your explanation
@@christking85 🤣 exactly my point. I can see your comments here on this video and others on this channel, there's many. My comment above stands. Not to single you out with the rest of everyone but your comment above hopefully will put some perspective on things for yourself. How you take it is up to you and I truly don't care.
I think it is WAY too early to decide whether this case will get thrown out due to shoddy work/poor chain of evidence/refusal to turn over evidence by the Prosecution. I think there is a very good chance, maybe 50/50, that, on appeal, the case will be thrown out due to Prosecutorial misconduct. Good chance of that.
Rewatching now.Thank you ❤
Those tapes should have been marked for Exhibits and kept track of the number
They can’t mark them as exhibits. Exhibits are what are being used at trial. The videos have been booked into evidence. The defense can go to the evidence custodian to look at every label on every hard drive in custody.
That last expert is the perfect expert because he is not for the defense or the prosecution. He just wants to offer information
he admitted he works pro bono since 2021.
@@Kissyx3
That might be since his TRAX software was found to be faulty and cases he worked on were thrown out.
He is not an expert.
Good witness for the prosecution though.
@@enigma_-_79 What cases?
@@tarantulaclan5025
You’ve got a browser bar. Put the name in it.
@@enigma_-_79 He is an expert and his software was not found faulty