Kohberger's alibi and what the defense may be hoping for

[johnnyhands1]

Now we have Kohberger's driving-around-at-night alibi, and we have his attorney Anne Taylor claiming, in writing (in the defense's objection to states motion for a protective order), the prosecution has no evidence of a connection between accused and victims (other than, I presume, the knife sheath DNA which she will likely argue happened randomly or was planted.)  I don't think she would claim "no other connection" flippantly.

But we still have the stalking behavior of the "8458 Phone utilizing cellular resources that provide coverage to the area of 1122 King Road on at least twelve occasions prior to November 13, 2022" (PCA pg. 16.)  Also, on the morning of November 13, "the 8458 phone utilized cellular resources that would provide coverage to the King Road Residence between 9:12 am and 9:21 am" (PCA pg. 14.)

But given Taylor's statement, I'm wondering this: do any of the Kohberger’s phone ping records really put his phone in the King Rd subdivision, rather than just nearby in the general area? Will the accuracy of those cell tower triangulations stand up to scrutiny, putting him just outside the house?  It would be very hard to physically stalk the house without turning south on King Road and driving past - unless he got out of his car and walked (and the prosecution can prove that.)

If the phone pings can’t prove he made that turn onto King Rd all those times, then that fits into his alibi of just driving around, say, on Taylor Ave or Walenta Drive, passing through.

I’m especially interested in the phone pings of the 9:12 am to 9:21 am just hours after the murders. What if the 1112 King Rd security camera, just 50 feet north of the murder house, didn’t capture him during that morning time range - then you have no corroborating video proof he entered the King Rd subdivision. Note the PCA does not mention any video for that Nov. 13, 9am morning drive, in Moscow or Pullman.

So if the prosecution says the November 13 morning phone pings put him by the house, but the 1112 King Rd security video from next door shows he didn’t drive by the house, then why would any of the other 12 phone ping records, without corroborating video, prove he turned on to King Rd and drove right by the house with his phone on?

Here’s what I think the defense is hoping: the jury may unanimously believe the driver of the white Elantra was the killer, but some juror(s) will find reasonable doubt that the driver of the white Elantra is Kohberger (since they, under my above scenario, can't prove he ever drove right past the house, and supposedly has no social media connections to the victims), and a juror or two may think the knife sheath touch DNA could have gotten there randomly - or have been planted, not by Kohberger.

If that doubt doesn't get him any not guilty votes, it may convince at least one juror to not vote for the death penalty.  That would be a win for the defense.

Here's a defense lawyer's take on the alibi and Taylor's no-connection claim, LawTuber Andrea Burkhart:

www.youtube.com/watch?v=U_V0wy3p2dE

[pod]

"What if the 1112 King Rd security camera, just 50 feet north of the murder house, didn’t capture him during that morning time range - then you have no corroborating video proof he entered the King Rd subdivision."

The affadavit says the suspect vehicle can be seen driving eastbound on King Road. (Presumably by the camera at the 1112 house which is postioned to capture the entrance.)

The affadavit also says the suspect vehicle appeared to unsuccessfully park or turn around in front of the King Road residence. If that's true, and why wouldn't it be, there must be another camera that captured the front of the victims' house, given neither the 1112 or Linda Lane cameras capture that view.

I suspect LE have far more video than they've revealed in the affadavit.

  

[johnnyhands1]

Sorry if I was unclear - by "morning time range", I only meant the 9 am hour - that's the only time on November 13 - on/or near King Rd - that LE claims there is a phone ping record. The 3am and 4am hours, just before and after the murders, have no phone ping records because Kohberger's phone status was off or airplane mode.

My point is that IF they have video from 1112 King Rd's security cam during the 9am hour AND they have phone pings for that same time (PCA claims phone pings, but doesn't mention video), they can cross-check the accuracy of the CAST location estimate for those phone pings - because they have a video showing where the phone is (presumably inside the vehicle.)

In other words, we don't have to rely solely on the CAST team's testimony as to where the phone was - we have a video benchmark for comparison.

If the white Elantra doesn't show up on the 1112 King Rd video in the 9 am hour, there is no benchmark. Does that mean that the other 12 pre-murder visits - and those respective phone ping records, also without a video benchmark - also can't put him on King Rd?

If he can't be put on the King Rd, in the subdivision, before the murders, the physical surveillance/stalking theory is not nearly as strong (you might have to venture that Kohberger parked outside of the subdivision and walked into King Rd/neighborhood to stalk, without his phone to stalk.)

Furthermore, if they can't prove he was ever on King Rd before Nov. 13, but only close by, say on Taylor Ave driving through, his "just-liked-to-drive-around" alibi may be all those phone pings can prove - they can't prove physical stalking, without some other evidence.

Yes, as you surmise, they might have a lot more important video -  but we don't know that yet.

[pod]

The defence's alibi isn't an alibi at all really. It strikes me as bluster, old fashioned sabre-rattling.

BK may have been near King Road in the days, weeks prior to the murders but he liked to drive around at night. Maybe his car was captured passing the victims' house again and again and again but he liked to drive around at night, often in circles around King Road. It was all just coincidence his car entered King Road immediately before the murders and left King Road immediately after the murders. His DNA? Give us time and we'll come up with a perfectly rational explanation. Honest guvnor, he wasn't even there.

[cluso]

His alibi can't stand up to the facts, too many "coincidences" ...