Attorneys for Idaho murder suspect Bryan Kohberger maintain DA is slow-walking evidence
Published May 30, 2024 8:29pm EDT
A cellular geolocation expert testified Thursday cellphone data in the case is missing
Bryan Kohberger, who is accused of killing four University of Idaho students, appeared in court Thursday for a pretrial hearing.
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Bryan Kohberger, who stands accused of killing four University of
Idaho students, was in court Thursday for a pretrial hearing where witnesses testified about the collection of evidence and cellphone data.
Defense attorneys for Kohberger have accused prosecutors of not turning over all the evidence they had during their discovery process, which the state denies.
"Discovery is being given to us like we are living in a snow globe," a defense lawyer told Idaho Judge John Judge.
The first witness, Moscow Police Detective Brett Payne, testified Thursday that thousands of hours of surveillance video were collected as part of the investigation.
Payne told defense attorney Anne Taylor that police have thousands of hours of video from 79 businesses and residences related to the investigation. Defense lawyers also questioned whether any cellphone data evidence is missing.
Witness Sy Ray, a former Arizona police detective and founder of ZetX Corporation, which specializes in cellular geolocation mapping, testified that 2- to 3% of the cellphone data in the case is missing.
"Some of the most significant locations in the case are missing data," Ray said.
He noted that he needs all the AT&T source data and other information for him to pinpoint where Kohberger's phone was at the time of the murders.
"Because of the piecemealing of the data, because of the missing data, because of the data I'm reviewing that is incredibly inaccurate, everything that is missing is absolutely in benefit of the defense right now," Ray testified, adding, "There are other reports that are missing that I can't tell you are benefiting of Mr. Kohberger or the state."
Prosecutors allege that Kohberger is the masked man who entered a house just steps from the University of Idaho campus around 4 a.m. on Nov. 13, 2022.
Four undergrad students — Maddie Mogen and Kaylee Goncalves, both 21, their housemate Xana Kernodle, 20, and her visiting boyfriend, Ethan Chapin, also 20 — were all found dead inside the home.
He faces
four charges of first-degree murder and a felony burglary count.
Kohberger, a Washington State University criminology graduate student, was arrested on suspicion of the killings on Dec. 30, 2022, in his home state of Pennsylvania.
Investigators said cellphone pings placed Kohberger near the house the day of the murders, but defense lawyers have argued that he was nowhere near the house where the killings happened and was instead driving around, as he often liked to "see the moon and stars."
Prosecutors have argued the alibi is "too vague." Investigators
allegedly found Kohberger's DNA on a knife sheath under the body of one of the victims.
His attorneys have previously argued the DNA may have been planted at the scene and that the state has mishandled all the evidence for the defense to review. Investigators later allegedly confirmed a match with a DNA sample, which used distant relatives to make the connection to Kohberger.
A trial date has not yet been set. If convicted, Kohberger could face the death penalty.
Judge briefly adjourned
the hearing for a break before returning, where DNA experts were expected to testify.
Fox News Digital's Stepheny Price contributed to this report.
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Cellphone expert testifies missing data benefits University of Idaho murder suspect
Sy Ray, a cellphone tower analyst, said at an evidence hearing that what he has seen so far appears to be "exculpatory" to Bryan Kohberger, although that could change.
Sy Ray, a cellphone tower analyst, said at an evidence hearing that what he has seen so far appears to be "exculpatory" to Bryan Kohberger, although that could change.
www.nbcnews.com
May 30, 2024, 5:54 PM CDT
By
Erik Ortiz
A cellphone analyst suggested at a pretrial hearing Thursday that he has been stymied by law enforcement's disorganized data collection and recordkeeping in the case against Bryan Kohberger, the graduate student
accused in the fatal stabbings of four Idaho college students.
Sy Ray, whom Kohberger's defense team plans to call as an expert witness at trial, said his review of the evidence provided by the FBI and police so far shows not all of the cellphone data extracted from Kohberger's phone around the time of the
murders in 2022 was mapped.
He further testified that it's crucial that he receive all of the AT&T source data and related information for him to verify, given that prosecutors in Latah County are pinning Kohberger to the location of the killings, in part, by his cellphone use and cell tower records.
"It is a terrible practice to justify probable cause with these very detailed call detail records that give breadcrumb-like trails for individuals and then not map it," Ray said.
"Because of the piecemealing of the data, because of the missing data, because of the data I'm reviewing that is incredibly inaccurate, everything that is missing is absolutely in benefit of the defense right now," Ray testified, adding, "There are other reports that are missing that I can't tell you are benefiting of Mr. Kohberger or the state."
He added that it's unclear why certain data is unavailable: "Is this human error? Is it accidental? Is it intentional?"
What he has seen so far, he said, appears to be "exculpatory" to Kohberger.
Ray, a former police detective in Arizona, testified that he typically has been an expert witness for prosecutors in criminal cases. His expertise has
previously come under scrutiny.
Earlier in Thursday's hearing, a lead investigator with the Moscow Police Department testified that thousands of hours of video were collected in relation to a Hyundai Elantra that prosecutors say Kohberger was driving when he left his apartment in Washington state, 9½ miles from where the murders took place in Moscow, Idaho.
Thursday's testimony was part of an ongoing attempt by the defense to ask the judge to compel prosecutors to turn over certain evidence in the discovery phase. DNA experts were expected to be called during a later hearing closed to the public. Prosecutors have argued that they aren’t purposefully withholding information.
The slow pace of the pretrial hearings and the discussions hanging over such a high-profile case have only delayed the trial and pushed a trial date back to spring or summer 2025 —
frustrating families of the victims, who say their ability to heal has been impeded.
Three of the victims — Kaylee Goncalves, 21; Madison Mogen, 21; and Xana Kernodle, 20 — lived in an apartment house near the University of Idaho, where they were students. Kernodle’s boyfriend, Ethan Chapin, 20, had been staying over and was also killed early Nov. 13, 2022.
In an affidavit following Kohberger's arrest weeks after the killings, prosecutors said he was linked to the scene through
male DNA discovered on a knife sheath left at the victims' apartment house. Investigators also said his cellphone use and video surveillance connected him to the crime.
Kohberger's alibi defense maintains that he would go for nighttime drives and that they only increased during the school year.