ID v. Bryan Kohberger - Suppression and Franks Motion Hearings - Public Portion

[@TheEmilyDBaker]

Get Exclusive NordVPN deal + 4 months extra here → nordvpn.com/emilydbaker . It’s risk-free with Nord’s 30-day money-back guarantee!

[@thomasoaxaca3379]

Couldn't the evidence be allowed under the Inevitable Discovery Doctrine of the Exclusionary Rule?

[@thomasoaxaca3379]

Great content and presentation. I am going to recommend your channel to various content creators in the true crime community. Take care and God bless you.

[@lizzimmermann7164]

Petition for new merch: DNA: That Shit’s Like Glitter. It’s Everywhere.

[@Stilwell88]

Yeeees!

[@CrimeAndTides]

Love it!

[@audreyDNA]

I second that!

[@lizzimmermann7164]

“He doesn’t have a 4th amendment right to someone else’s DNA. 😊 “ I have been SCREAMING this for months now!

[@katego370]

Indeed, I think this whole privacy argument goes way too far. We live in a world with other humans. Thus, other humans might know I exist. Cops can also follow you around and find out which school your kids go to, based on where you pick them up. They can look through your window and know whether you're a clean or a filthy person. They can find out what snacks you eat in the car. That's life. It shouldn't be any different with technology.

[@toadevergreen2561]

DNA is not technology, though, it's biological material, perhaps the most personal of property that exists ​@@katego370

[@toadevergreen2561]

@lizzimmermann7164 on what grounds have you been making this argument?

[@nana-ly9mw]

@@lizzimmermann7164 EXACTLY and ann... don't try to confuse us

[@4Mr.Crowley2]

@@toadevergreen2561 because you don’t have a privacy claim to the dna of any of your relatives. You can’t tell your father that he can’t submit his dna for genetic testing because you share half of his dna.

[@gothgammy666]

My husband is a garbage man, he has pulled trash for police many times over the years. The cops usually just ask the driver directly. In my state no warrant is required because once it’s on the street for collection it’s not your property anymore. So the driver pulls the can and drives away and to the cops. They collect the trash and my husband returns the garbage can to the his customer.

[@toadevergreen2561]

@gothgammy666 What if the suspect owned the garbage company and the land the landfill was on?

[@susanharrington8715]

@@toadevergreen2561what if an alien landed on the garbage truck and told the driver he wanted to go to McDonald’s

[@sarahbethxoxo]

@@susanharrington8715i cackled 😂

[@Steffy-xm7mc]

This judge is awesome. He knows his stuff and is no nonsense unlike judge judge !

[@terripetre8159]

Judge Hippler listens closely and stops A Taylor in her tracks. She tries to recover but can’t because Judge Hippler brings her back to argument of, probable cause. She’s grasping and it doesn’t look good. I’m surprised she became so rattled. But, Judge Hippler is a formidable judge that can take her argument apart…easily. She is no match for Judge Hippler.

[@lindarobinson8827]

He also stops the State in their tracks as well. Not only AT.

[@sandramuskopf4994]

I bet she wishes she would have never asked for a change of venue.

[@susanmorgan4003]

I was thinking the same thing!

[@pbentsonable]

She thought she would have a leg up on the state lawyers. Cause she felt outta place in the old venue.

[@gothgammy666]

It doesn’t usually include a change of judge, so I am sure regrets are very high.

[@terripetre8159]

Judge Judge had the choice to opt out if trial moved from Moscow and thank goodness he did.

[@livvie33]

@@terripetre8159absolutely Judge Judge is probably a great judge but she’s not going run over this judge….this is his court room. 👏🏻 👏🏻

[@afishynado6812]

"Dear Judge, you need to suppress anything that incriminates Bryan Kohberger." - Defence.

[@clmNonna9]

😂that’s what she she is asking! She better change her defense or pled out

[@jlkitz1775]

😂😂😂

[@gothgammy666]

Basically that is what her argument is! You just cleared out her silly nonsense.

[@Seabees_SW2]

What has incrimated him? Besides TRANSFER/CONTACT DNA? NOTHING. But there was BLOOD DNA from another male on the handrail and it wasn't even TESTED?

[@Marina_-_-]

So you absolutely don’t care about the fact there was blood on the rail and a bloody glove outside?

[@AnaFox]

Judge H’s memory and Emily’s synchronicity with him (and the lawyers’ arguments/attempts) are impressive!

[@kayetaye333]

Yo imagine if every time a cop goes to investigate a new crime they have to call the judge and say “hey there’s a dead body and blood everywhere…can we like…collect evidence to see who did this?”

[@stephanievela2797]

Forty minutes into a four-hour-plus stream…favorite thing Judge H has said so far … “…then don’t go to a crime scene…”!!!

[@mariannemccarrick4124]

I like this Judge, if more judges were like him, they’d save a lot of time. Time wasting not so much with this Judge.

[@gothgammy666]

Capital cases should not be a race.

[@user-mv5zt8qd9l]

​​@@gothgammy666 There's a difference between being efficient and rushing through things. Hasn't this defence also tried to argue away the capital punishment citing his right to a speedy trial?

[@toadevergreen2561]

Boise is still Idaho, and therefore not a major city. This judge is efficient enough while still giving adequate time for all the motions and arguments brought up. A reminder that we still can't hear any of the sealed bearings

[@AllegedlyAngela]

Violating another company’s terms of service is not a criminal offense. It might be a civil tort, but Kohberger still has no interest in such claim.

[@missmishka8379]

Replay crew: Pausing at 1:40:32 because I appreciate how doggedly Anne Taylor is defending her client, but I do not like this tone & verbiage for the witnesses. If she brings this kind of heat to trial & cross examination, I do not see it working in the defendant's favor.

[@toadevergreen2561]

She sounds defensive at times, but mostly I don't get that from her

[@susanharrington8715]

Exactly

[@4Mr.Crowley2]

She engages in DARVO constantly, which is sadly often a defense strategy. She’s a bully. Note that she always uses negative language and “sketchy” verbs when discussing an extremely traumatized very young woman (DM) who found out that her FOUR roommates/friends to a hideous murder.

[@AllegedlyAngela]

So she admits he DID go to Moscow that night. What happened to her claim that he went to Wawawai Park (in Washington) that night and never went in the direction of Moscow?! Guess Sy Ray couldn’t come through with backing up her claims.

[@JanetSmith900]

And she basically admitted the sheath DNA is his by arguing he has a right to privacy over it being used for testing without a warrant.

[@British1971]

He was there but he wasn’t THERE…😂

[@soccergirlb8]

I appreciate the look the judge has when listening

[@KLHatch]

This is the same woman who tried to get his indictment thrown out by arguing that the Idaho Constitution, when it was originally written required evidence beyond a reasonable doubt to even just charge her client. Throwing 💩at the wall to see what sticks. 🙄

[@sueallen8188]

Thanks EDB Air, replay crew here & so grateful for the flight with my baby pawnerd!

[@inspectorbeth2863]

Yes! Judge Hippler is sharp, ready , knows his law, and matter of fact and patient even if he strikes things down.

[@debinindiana]

Thank you for all your explanations! And the comedy along the way! 😊

[@gigisielaff]

My Go-To. Thank you EDB. My honest opinion is Ann T is regretting the new venue and the loss of Judge Judge.

[@PFox994]

The 2 unknown blood samples bother me more than a movable object that could have been stolen, sold, given to someone ect

[@Glala816]

I'm trying to be impartial, and I know she's doing her job, but find her arguments so distasteful

[@johannawigg6921]

Distasteful? What exactly ?

[@terripetre8159]

Her arguments are falling flat! Sit down…AT.

[@johannawigg6921]

@terripetre8159 some are, but she also has valid arguments as well. Telling g her to sit down is dismissive, she's a defense lawyer . She can stand up while arguing her clients case case !!!

[@terripetre8159]

She goes on and on and on… Distasteful…she’s telling Judge Hippler that a judge isn’t going to….she doesn’t know what a judge will say….Hippler proved that. She’s whining too. Not a good look.

[@johannawigg6921]

@terripetre8159 she's not whining at all. Would you say that about a male lawyer pleading his case ?

[@lirpa1981]

1:39:42 hold up. She may have heard someone run down and up the stairs. Assumed it’s as her roommate, and may have said that in her interview. Her though wasn’t “ there is a man stabbing my roommates to death” so maybe it was him she heard, but heard the noise of someone on the stairs none the less. Also, the “ not sure if it was a dream or what was real “ I have been in that same place before, we all have. Something happens that seems so bizarre or out of the norm or scary and we are trying to decide in our own minds “ is this real right now, what’s happening” until we get our bearings and can begin to process the puzzle pieces and put things into perspective. I will give an example. You’re asleep, in a deep sleep, you are hearing a noise, it’s a ringing phone, but you try answering the phone, in your dream and there’s no one there, the ringing continues, and you’re now convinced it’s the doorbell, you jolt yourself awake and realize it’s your alarm going off. In that split second you’re awake, but still so vividly remember the dream and the phone ringing and trying to answer the phone and hearing the door bell, and even though it was your alarm and you’ve shut the alarm off, you still feel the urge to see if some called or if someone is at the door. It takes a few moments to get yourself together and determine what was your dream and what was real. It doesn’t mean you have memory problems, you just had a very normal response to something that happens So the defense trying to claim that the survivors interview was “ watered down” or that she wasn’t being “ honest is absurd.

[@cicada2022]

I'm glad everything's moving along. Trials right around the corner. 💜

[@jlkitz1775]

This judge rocks 🥂👌🏾. He takes no b.s. and is about clear, articulate case law argument; Ann Taylor is struggling 😑

[@brittneylewallen9705]

Had to catch up with the rewatch crew, but thank you for this EDB! Excited for the stream later this morning

[@AllegedlyAngela]

Defense: The police intentionally and recklessly left out the fact no victim’s DNA was found in his car in order to obtain probable cause. Had the magistrate known that, she wouldn’t have found probable cause…” Ummm, how could they have recklessly and intentionally omitted that information that wasn’t even known at the time of the writing of the PCA since his car, apartment and office wasn’t even searched until AFTER probable cause to search those places had already been established?!??!

[@Tammy_26Irwin]

I was screaming the same things! Like WTAF AT 😂😂😂😂

[@pennyroyal-tea]

Yep me too. It was at that point I imagined Kohberger wrote the arguments and Taylor repeated them. Embarrassing and not in a good way.

[@susanharrington8715]

Exactly!

[@Lisa-z1j4y]

Ann loves talking in circles so much that I’m actually dizzy

[@clmNonna9]

Agree goodness!

[@KimberlyEnglish-ps2tl]

Atleast Anne said Your Honor. Instead of ummm, ummm,ummm.

[@Lisa-z1j4y]

@Kimberly English-ps2tl lol .thats the least of her concerns at this point… irrelevant ..Smh Ps and stop liking your own comments ..it’s Lame

[@vmtenn]

How is law enforcement supposed to solve any crime if they are not allowed to test DNA in any and every data base that has DNA profiles?

[@sallycinnamon5370]

I snorted in laughter when the defence tried to argue that there was a privacy interest in the DNA sample because it wasn’t intentionally and purposefully left at the scene hence it wasn’t abandoned.

[@vmtenn]

@ 😂

[@siobhan6926]

Arguably, then why not test every man in the area?

[@ImAlxxy]

See crime solving pre 2020

[@vmtenn]

@ I thought they tested at least some of the main people who were known to have been in the house but data bases are an entirely different entity

[@GrishaL]

Seems like people are assuming that 23andme is (willingly or not) allowing LE access to records of opted-out members. But what if the FBI just submits a sample in the same way that a regular customer would and looks for found relatives? This would not get them as much info, but at the same time 23andme would never know.

[@springer585]

The prosecution claimed to find 3 unknown male DNA's found on the grounds/gloves outside the house. So why did they not do IGG on those to establish the identity of those DNA?

[@Stilwell88]

OMGGGGGGG…. This prosecutor saying “at the end of the day.” Is killing me.

[@4Mr.Crowley2]

This judge is awesome and hilarious - and he absolutely smashed AT and her floundering absurd statements

[@AllegedlyAngela]

Defense put her foot in her own mouth. She says police didn’t investigate until December when the IGG came back-except a public BOLO was put out weeks before the IGG results came back and an LE BOLO was put out November 25th-several weeks prior, which negates her entire argument.

[@ladystrange8927]

Judge H: don’t do crime and your glitter won’t be at a crime scene 😂😂

[@nana-ly9mw]

Your Honor, this is NOT a question of 'trash-picking.' It is 'CURBSIDE SHOPPING'!

[@farrellanna]

“Marching their happy asses down your driveway” had me giggling like a school girl 😂😂

[@AllegedlyAngela]

Bro, practically everyone has an ordinance for trash collection. If you forget to put your trash out where you are supposed to put it, it doesn’t get picked up.

[@lauraw3338]

Ann Taylor is going to regret her decision to change venue. This new judge isn’t going to listen to her ramble on like Judge Judge. She’s really reaching right out of the gate. I think Bryon is making her argue IGG.

[@terripetre8159]

BK has been wanting to know how they connected his DNA on sheath to him from the beginning. He’s arguing police obtained it illegally. They did not. This is not looking good for BK. Why was his DNA on sheath underneath victim? What was found on his computer’s, phone, purchases from Amazon, Walmart etc? Defense wants all that evidence suppressed. Why? If he’s innocent, why suppress evidence?

[@spinsteraunt329]

I get it that this woman is really defending her client. But wow. "Don't we leave fingerprints everywhere." I'm dying. If only the bailiff had dropped his mic and then asked her to sit down.

[@smokymtnlady3856]

How can Murphy have no blood on him? The doors were all open, and he didn’t go to find Kaylee? That doesn’t make sense. My dog follows me everywhere! And why didn’t LE or the FBI test the blood they found on the handrail? That could have been the killers blood. And what about the male DNA found on the bodies? That could’ve been saliva or sweat from the perpetrators? But they didn’t test it? Why?

[@Pickle26589]

Her going after the person in the house is just icky

[@mazzmj5809]

Anne reminds me of people that just keeps talking in circles until people get tired of listening so they usually just give into whatever she is saying. I like how this judge listens and doesn't let her get away with it. Then asks great questions to get her back on track and to the point.

[@RocknRolla2023]

I’m kind of for it. So many cases could be solved with IGG.

[@AllegedlyAngela]

Defense: “The police intentionally and recklessly left out the fact no victim’s DNA was found in his car, apartment and office in order to obtain probable cause. Had the magistrate known that, she wouldn’t have found probable cause…” Ummm, how could they have “recklessly and intentionally omitted that information” that wasn’t even known at the time of the writing of the PCA since his car, apartment and office weren’t even searched until AFTER probable cause to search those places had already been established?!??! “It’s not fair that my client ILLEGALLY killed 4 people and then accidentally left his DNA on a knife sheath at the crime scene and that the police then used this completely unknown DNA to try and figure out who that DNA belonged to, violating a terms of service agreement (which is not illegal) and that the expectation of someone else’s privacy was violated without first getting a warrant to search for genetically related matches to my client’s DNA.”

[@Tammy_26Irwin]

Exactly 👏🏻👏🏻👏🏻👏🏻

[@Brock_Samson1776]

🙄

[@AllegedlyAngela]

Criminals can apparently use illegal means to commit murder but police can’t violate a 3rd party terms of service, which is still NOT illegal, in order to catch said criminal.

[@toadevergreen2561]

Yeah that appears to be the exact difference. FBI violating a terms of service is not criminal it's a civil violation

[@LemonwaterLally]

This just tells me it was his DNA…..guilty as charged !

[@Haystack11]

Judge is Chefs Kiss 💋

[@stephanievela2797]

OMG!!! Hahaha THE FBIIIIIII just said “…nope!” And yeeted EDB off the livestream!!!! (It was RIGHT when she hit the sound yet) 😂

[@terripetre8159]

Emily, you have a great legal mind along with quick wit. 😂😂😂😂😂. It’s like legal night at, The Improv. LMAO several times.

[@Jess-bee]

Ann seems to personalise a lot of her responses and this judge does not care for it. He wants legal facts and can see right through the emotionality and personalisation.

[@Delorme42]

The people who gave their DNA to a database/company gave it to the company, not the federal government. He has no expectation of privacy in regards to his own DNA. But the fact that the FBI breached policy, rather than just get a warrant, to compare that snp to the database is very concerning.

[@michaeltrowbridge3477]

Watching reply. Thank you, Emily

[@Melody-st4df]

Hey ! 😃 I'm back!! EDB you're the BEST! I just can't without your commentary. 💜

[@karibears78]

The dogs name is Murphy. He was given to her x boyfriend that had been involved with the dog prior and was around when Murphy was adopted as a puppy. He has an instagram.

[@AllegedlyAngela]

How does the issue with the dog being in his room even exculpatory to the defendant or a material omission that would have negated probable cause?!

[@jlkitz1775]

Re-watch crew here. Ann Taylor's arguments are hard to listen to 😑. A knife sheath left at the crime scene with K's DNA is all I need to know at this point 🤨. And taking DNA from a crime scene seems pretty standard to me 🤷🏾‍♀️🤦🏾‍♀️

[@noreen4529]

EDB Lawnerd luggage tags would be awesome

[@Petra-beta]

I am dying to hear what you have to say about Taylor’s two year defense. I can’t believe this is what she came with. Just gobsmacked.

[@winewomannapa6388]

The judge, head in hand, is all of us. Sigh. AT is so overreaching.

[@catherinehargrave9539]

Ann Taylor out here just making up her own case law on the fly and expecting the court to take it with a straight face

[@sarahbethxoxo]

she’s finding out fast that this isn’t Judge Judge anymore. he let her get away with everything. this new judge isn’t putting up with her crap and is actually calling her out on it & she can’t stand it.

[@erin4885]

If judge is saying there's no privacy at a crime scene then ALL DNA found should have been profiled and searched. Like the unknown males.

[@gothgammy666]

How do you know if wasn’t

[@kayemm1973]

I assume it must have been but they remain unidentified, they must not have had a relative into ancestry 🤷

[@ministryofungentlemanlywarfare]

They were tested. We know they were tested because they know the DNA is male. You can't tell that without testing.

[@pennyroyal-tea]

They were too degraded or deemed to not be left during the commission of the crime and therefore do not meet the guidelines for CODIS. Ann Taylor was welcome though to pay a small fee to test DNA if not too degraded, through an IGG analysis.

[@artnixie]

I liked Ann's analogy about cell phones. You need a separate warrant to access the contents of a phone -- and that is recent law, responding to new technology. I do think that eventually, hopefully soon, DNA will also require a separate warrant for more invasive levels of analysis. What matters is not that it's "dna at a crime scene" & thus fair game for any level of testing. What matters is the degree (total) of personal information revealed by the SNP profile. The judge brushed off the "medical information" argument, saying the cops just wanted an identification. But the line is blurry. Cops were using (and notice they no longer brag about it in press conferences) DNA phenotyping to *describe* race, eye color, body type etc of unknown suspects in the era immediately prior to IGG. SNP profiles give you that and more. And medical information *is* identifying. What we learned in today's hearing is that law enforcement considers *any DNA from anybody* an investigative tool. Whether left at a crime scene, abandoned on trash, or submitted in good faith to a supposedly confidential database. One case that was cited concerned DNA collected for health reasons being accessed years later for suspect identification. We also learned that law enforcement, and at least this court, see little *ethical* or *privacy* distinction between the STR profile, originally developed to be minimally invasive as to personal genetic data, and the SNP profile. The SNP profile is maximally invasive. With it you can construct a vast family tree through history, all relationships, and a compendium of personal genetic information. With enough SNP profiles (fewer that you think because math) you can construct a comprehensive family tree of everyone, all relationships, all genetic attributes. Othram Labs and, I believe, quietly, the FBI, are collecting an SNP library. Soon they won't need to access the commercial DNA services. The privacy implications are staggering. There should be a separate warrant, or even some kind of barrier or threshold, for generating these profiles.

[@gothgammy666]

It won’t, you leave DNA at a crime scene and police have a right to try to identify who left that evidence. Just because it’s sciencey doesn’t mean it’s special. Blood type, Serology, hair fiber analysis & fingerprinting are also forensic sciences. DNA analysis for crimes has been around for almost 40 years. I don’t believe the courts believe your DNA is more entitled to privacy than your blood, semen or hair. Not sure where you live but no the police didn’t use DNA to make inappropriate comments about suspects. You make the same argument that the defense does and it’s baseless. If you don’t want your DNA at a murder scene, don’t commit murder. That rule applies to your fingerprints or body fluids. Your conspiracy theories aren’t a reason to make it even HARDER to solve murders. Which are already hard enough.

[@vmtenn]

Idaho needed the cellphone tower expert that was used in the Chandler Halderson case. That report and testimony was amazing

[@MandaJeanne]

I dont know why but i just do not like Anne Taylor

[@SeriouslyIssues]

Law Nerds Unite ❤ I can't wait for this trial and spending time with the Nerds 😊

[@bekahdoug5572]

This one AND Karen's💯💯

[@SeriouslyIssues]

@bekahdoug5572 100%... I miss Karen Reed lmao 🤣 and Johnny... we need this lol

[@Tammy_26Irwin]

@@bekahdoug5572and Kouri’s trial coming bio at the end of April.

[@spellingbee2000]

Me neither

[@gothgammy666]

@@bekahdoug5572I can’t hand the miscarriage of justice that is the prosecution of Karen Reed! Bless the lawtubers who have the strength to watch!

[@gothgammy666]

Smack talking one of the survivors of this BRUTAL CRIME isn’t going to sit well with a jury…AT is really making me mad with this line of reasoning.

[@Seabees_SW2]

We don't know for sure what she is yet.

[@pennyroyal-tea]

@@Seabees_SW2you may not, but the rest of the reasoning world, who hasn’t watched hack jobs on YT on repeat, believes differently. If you imagine Dylan is going to be in handcuffs at the end of the trial-you’ll be waiting the rest of your life for that one.

[@smokymtnlady3856]

Why? Both of those girls were there, they heard and saw things that should have alarmed them, and they did nothing? Hours went by, and they were texting but never checked on their roommates? The smell alone would have been so bad you’d KNOW that something bad had happened.

[@British1971]

I love watching these hearings with you. You narrate everything and explain it all to us and point out the tudes.. 😂

[@paulawood1647]

I didn't think you needed a warrant for trash

[@gothgammy666]

It might be different in different states but in Minnesota you do not.

[@clmNonna9]

Ann Taylor is arguing like a 1st yr grad! Some of the arguments make no sense.

[@CourtCarter83]

Replay crew here. It's very interesting about the dog not having blood on it. I watched an episode of Unsolved Mysteries on Netflix where the lady bled to death in her basement. She had multiple pets, and none of them tracked any blood anywhere. I'd like to think my pets would check on me if something happened, but I almost wonder if they get scared or know it's beyond hope? Hard to say. I find it interesting in both cases.

[@RTCIvory]

I participated in 23 and me. My brother did not. My brother has a right to his privacy.

[@Pickle26589]

Right, they aren't collecting his information. They collect your information and look for a familial link.

[@gothgammy666]

They are comparing the DNA profile they have legally obtained from their investigation to familial DNA profiles on a public database.

[@AngieStevens-j4c]

Watching on replay. I thought Karen Reed trial stuff today was big 😮 omg.!!!.

[@bekahdoug5572]

HOOOWWW did I miss this??!!!

[@serenab17]

Just wish the victims could get justice already. Whoever did it.

[@caitlinalb]

Can someone explain the dog being an example of police bending the truth…. Dogs move? And some do often avoid things on the floor.

[@jennmoslek921]

Did EDB just reference the band Live & their song "Pain Lies On The Riverside??" If so, I 💜 her even more!!! Lol

[@jonipflager1235]

On the flip side-if the DNA would have excluded him, then it would have been ok? 🤔🤔

[@Momofmany74]

Maddening

[@vmtenn]

She doesn’t really state facts she sounds more like a conspiracy theorist with her secrecy arguments. She isn’t even calling out what was so secretive?so wait… is the defense trying again at a cake and eat it too in regards to the witness DM statements? They omitted her telling them she heard someone run up and down the stairs a few times BUT she also has memory problems and was intoxicated. Don’t those 2 things negate each other for her entire argument?

[@erin4885]

She can't call it out because it's what they are talking about when they close the hearing

[@FreakyDarlin]

But wait, thats an interesting argument though... 1. DNA was collected from the crime scene - thats fine 2. DNA was sequenced in the lab - thats fine 3. DNA profile was run through law enforcement databases that are closed to public access - thats fine 4. Here is gets tricky - DNA profile was uploaded to a site that the public has access to. Thus everything revealed in his DNA was now on a publicly accessible website - and THAT is the violation. DNA contains all sorts of health information that is private, and by exposing that DNA profile on a publicly accessible site, you have exposed private health information. That is the argument they should have been having. All of the jumping around that she did means that this sort of got lost in the weeds. She did come back to it and touched on it very briefly, but too little too late.

[@gothgammy666]

They did NOT upload his DNA profile on a public database. They compared his DNA to a DNA from a public database. Wildly different things.

[@FreakyDarlin]

@@gothgammy666Indeed that is a different thing. That is not what she said, her words were that his profile was uploaded. Around minute 27(ish) of the live stream. Also, thats the only way they could have compared his DNA on the databases. They did not download all the databases onto their own servers and then compare his profile… they uploaded his profile and searched against profiles already on the database. Once that upload was complete, his DNA profile was exposed to other users of that platform. He did not consent to his private information being exposed to others and did not sign an agreement with those companies. So its a violation, potentially.

[@Nyaliva]

She's conflating the definition of 'search', 'searching' a person's belongings to find incriminating evidence is different from 'searching' a database to match evidence you've appropriately gathered and profiled.

[@siobhan6926]

If that DNA was appropriately gathered and profiled.

[@Nyaliva]

​@@siobhan6926Absolutely, but that's a separate argument and that's what the judge was trying to get at. He's not assuming it was but he's saying if it was, the subsequent search of databases don't require a warrant because they're not a personal search to find evidence, it's a process to identify the DNA using available data. She could possibly argue it's a 4th amendment violation of the people in that database if they have a reasonable right to privacy, but if Mr. Kohberger wasn't in there and didn't own the database himself, his 4th amendment rights haven't been violated.

[@gothgammy666]

@@siobhan6926the crime scene needs no warrant, any evidence collected at a crime scene is supject to investigation. Trash needs no warrant once placed out for collection, the prosecution made it clear that is how it was collected. The state doesn’t need to PROVE it collected evidence properly. Of the defense is making allegations of misconduct the burden of proof is on the defense.

[@siobhan6926]

@@gothgammy666 well how can the defense prove anything if they are not being given the full information from the State on how the dna reports were built.

[@AmberQuen]

i tend to agree with, once you upload your information to those genealogy sites, even if you opt out- you have no right of privacy. like they said, you have made it public to millions of people.

[@toadevergreen2561]

*even if you opt out* sounds unfair. The argument the prosecutor made was that standard operating procedures are best practices, in other words they mean nothing.

[@melissaowens6031]

Here is the thing. On 23 and me and Ancestry etc., they have a button where can say that your DNA is private from Police searches. NOW, I remember Ann Taylor having a witness tell us that Police and FBI use it all, whether you have opted for private or not. That could have been argument. Did some of those relatives opt out of public DNA, and some didn’t? That’s what she should have argued

[@katego370]

Good God, the mental gymnastics are exhausting! I get that Ann Taylor is doing her job but man, you need a degree in logic to follow these arguments. I feel like this judge is really enjoying it though. He's all like "Imma outlogic your logic, I dare you to outlogic my outlogicking of your logic." 😅

[@kristinawalters7024]

The roommate probably heard Brian going up and down and wouldn't have known it wasn't one of her roommates. Obviously LE knew it was impossible after the fact and wouldn't put that in the PCA. DM couldn't have known who it was and assumed it was one if her roommates.

[@martinep6293]

State has a serious tendency to (in my words) "lying by omission". And they think it is fine😂 Example 1 : DM statements. AJ says "even if State is wrong and that there is some exculpatory relevance in some DM statement which has been excluded, YOU CAN STILL HAVE PROBALBLE CAUSE" Exact same attitude when neglecting the blood (would be) evidence on the stairs. With similar statement from AJ: "we did not need it for probable cause" Sure, just pick and chose "your" evidence. Walking around the crime scene like it is a buffet these people!! 😂😂 And why is it so hard for Payne to just transcribe DM statements exactly. Athletic and bushy eyebrows became skinny, lean and slim ... yeah that is indeed matching BK 50lbs lighter than in 2022, like he is now. In 2022 you would never say skinny, but athletic yes. Adaptable memory she has. And the bushy eyebrows were not very useful after all, so they have been dropped. So yeah she had "moved past" the original description a bit. She had memory issues? So looking at BK right now helped hey??

[@WineYogi]

This is all so painful to me and AT really seems like she’s grasping at straws and is really uninspired about the judge actually buying her claims! I get she’s doing her job, but the arguments really hurt my head! 😂

[@PFox994]

I don't think they should be able to upload a profile as if it their own to find matches without a warrant. It appears that's what they did because they didn't find watches on the 2 they are allowed to use.

[@sandramuskopf4994]

I wonder if/when she looses these motions to suppress if they try for a plea deal. The only defense any of us have heard since the start is that the DNA was illegally found. Oh, and he was stargazing

[@terripetre8159]

😂😂😂😂

[@terripetre8159]

Stargazing on a completely cloudy night.

[@Lisa-z1j4y]

Loses

[@dougcorcoran5455]

He was driving around, not stargazing.

[@gothgammy666]

@@dougcorcoran5455in the freezing rain

[@Darawara]

I cannot imagine the nerves all speaking attorneys must be processing through. Going to the judges/ boss/ principal situation.

[@judyjudy158]

"That sheesh's like glitter. It's everywhere!" - EDB Lol!!! 😂 ❤

[@Jekuyuytt6t5]

This is sports for us true crime and court junkies lol

[@unluckynumber7]

Christ. I'm sorry but I'm so sick of criminals having seemingly neverending rights. I get it but we overcorrected. This is such a colossal waste of time, money, and energy. His DNA is on an effing knife at the scene of a stabbing. Hours and hours and hours and hours of arguing about ins and outs of teeny little potential loopholes.........come ON. The judge has remarkable restraint to not just be like ARE YOU EFFING KIDDING ME

[@terripetre8159]

Did AT say, BK was in Moscow the night when the murders occurred but not at the resident of victims? Is AT minimizing finding a knife sheath with BK’s DNA on it not worthy of probable cause? This is not sounding good for BK’s defense. The car was searched 7 weeks after murders. Plenty of time to clean with bleach etc. AT is telling the judge how he should think…is that wise on her part?

[@ImAlxxy]

You know that bleach is detectable on those same tests right?

[@gothgammy666]

All of her arguments against the initial warrant from the Magistrate Judge are ridiculous. The burden for a warrant is so low as to not impede an investigation! It was a random brutally violent quadruple homicide. The Magistrate Judge isn’t going to be very picky about probable cause. Her attempt to read their mind in hindsight is so insulting!

[@kayemm1973]

So where does her 13 minutes come from?

[@catherinep1800]

Luminol picks up blood, even if it has been cleaned up with bleach.

[@pennyroyal-tea]

@@catherinep1800no one ever said there was no blood found. They stated “lack of DNA”

[@Amontillado72]

Question is what evidence led LE to search his parents trash? and that is quite sus...

[@carliesmith3252]

Yes, once they had IGG, it is reasonable to believe they would get to the DNA anyway

[@gothgammy666]

They were surveilling his parents home. They observed him take out trash late at night, wearing nitrile gloves and put into the neighbors trash can. Police take trash for criminal investigations quite a lot of the time.

[@caitlinalb]

They used IGG to identify a link, then tested that link. Which must have been through the father’s side. They could tell from the DNA (that they had on the sheath) shared a certain amount in common with a relative in a DNA database. They could then trace, through marriage/birth records, to a male relative (the father) that would have that % in common with the database sample. So this is suggested to be the suspects father. (Of course this is still theoretical because people have affairs etc.). They needed a sample of the father’s DNA to prove this link, and to confirm paternity to the suspect sample. If Bryan had an uncle, who also had a son, they’d also have to test him. (Providing age matches and they lived in the US etc) When they tested the trash,it was just as likely they could have got Bryan’s DNA and get a direct match. It was reported he was wearing gloves inside which was odd (I think this came from his sister!).

[@cm1642]

The match was found on a database that shares information with police.

[@martinep6293]

At 41 mins. I think the agreement I have with 23 and me goes further than just privacy. For me the SNPs are interesting as DNA markers for various diseases and predisposition to such or broad topics like the mechanisms of aging. Periodically 23 and me will send you health questionaires as you agree to participate to ongoing genetic research. It is clearly part of 23 and me business model. Not everybody is comfortable with sporadic incursions from LE without any controls. People might give up on any service altogether. Bad for business, and a security breach, in addition to the privacy violation.

[@4Mr.Crowley2]

I just hate the fact she’s resorting to the Delphi “conspiracy” talk with the constant repetition of “secret” and “secrecy” to confuse the public and confuse anyone who doesn’t want to read a bit about igg - it becomes absurd

[@oppulentotter]

Defense makes a lot of allegations about "intentional" or "malicious " behavior... but based on what? Did she ever prove intent?

[@AllegedlyAngela]

Her argument is that police maliciously tried solving a crime by trying to identify whose DNA was on the knife sheath left at the crime scene. Don’t you know that all murderers have a right to privacy and the right to not have their DNA left behind at a crime scene used to figure out who they are? 😂 Apparently, the killers are the only ones who who have the right to violate others.