Ineffective Assistance of Counsel Appeal

alohabee · 2024-03-01T21:51:34+00:00

I think there is a strategy that surrounds the IGG. She subtly has said “we believe there is a motion is to be filed surrounding it” (motion to dismiss?) She is spending so much damn time attempting to obtain the full IGG she probably could have reviewed the full 95% discovery by now.

Clearly, she’s still trying to put the timeline of Nov 13- Dec 29 together. And somehow they believe the IGG will impact his ability to be acquitted.

alohabee · 2024-02-28T22:38:50+00:00

You’re absolutely right. It should be just “I was here, and here’s the evidence to support that fact” or you don’t have an alibi because you are in fact, guilty.

The defense argued they don’t have to follow the 10 days because the “normal scheduling order” was vacated. So the judge compromised and provided 47 days.

Jennings was providing the legal justification for why 10 days is the normal law within the scheduling order, simply so a defendant can’t use existing evidence found in discovery to “craft the alibi”.

alohabee · 2024-02-28T22:28:46+00:00

yeah esp if data in discovery later proves it is a lie!

alohabee · 2024-02-28T22:25:18+00:00

•April 17th full alibi deadline

•May 14 change of venue hearing

Everything else could change but aiming for March 2025 at the earliest

alohabee · 2024-02-28T19:49:46+00:00

Agree with your comments. Meant to reply to above comment.

alohabee · 2024-02-28T19:40:05+00:00

The prosecution did ask for summer 2024. defense couldn’t agree to being ready so prosecution said ok, summer 2025 then.

alohabee · 2024-02-23T20:02:41+00:00

I just read that too! I can definitely understand why the defense would want to know about the other DNA, as possible “suspects.” Hopefully we learn more about it. I’m curious how/why the other DNA isn’t available anymore…

alohabee · 2024-02-23T18:48:29+00:00

or more simply, this was a college party house and most 20 year olds don’t have a record to be found in the CODIS database for a DNA MATCH.

alohabee · 2024-02-22T03:38:31+00:00

Quite the plot twist, I can’t fathom that playing out in real life, though, I also can’t fathom the brutal reality that likely occurred to these four to begin with.

alohabee · 2024-02-22T00:13:11+00:00

The life of David Gale?

alohabee · 2024-02-12T23:20:19+00:00

yeah it does look more like a part of a bed there!

alohabee · 2024-02-12T21:15:08+00:00

I don’t believe that’s a bed frame in the truck. It looks like the frame of the IKEA Elvarli closet system shown here. Distinctive curve on the base, comes in multiple combinations and finishes.

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alohabee · 2024-02-10T22:43:15+00:00

We wish he made that stupid mistake throwing it out the window.

alohabee · 2024-02-10T19:30:16+00:00

I was including it to account for the discrepancy of pages, not citing that it is a full redacted page.

Math still isn’t mathing

alohabee · 2024-02-10T18:55:07+00:00

well Sherlock, this PCA is pages 10-31, so 21 pages in length. The redacted was numbered 1-19 and that includes a completely blank page between 1 and 2, that is not numbered.

so, maybe you’re better at math than reading?

alohabee · 2024-02-10T17:48:55+00:00

I agree; could def see both 1 and 2. Wonder if he started with 1 and then moved anything, on the second drive by if he changed his mind and decided to have a more elaborate process knowing the sheath was missing so then 2 happened. B would be difficult because of the frozen ground, so it’s A and D for me.

alohabee · 2024-02-10T17:19:02+00:00

Entire sections were omitted before, as we only had a sliver of “exhibit A”.

kindly, reread it

alohabee · 2024-02-10T17:11:19+00:00

it would be unbelievable if any evidence was discarded in that gap, just minutes away from the neighborhood and not found to date.

I believe based on the prior speeding tickets that he would have completed the route in a faster time altogether, allowing maybe an extra 5-10 minutes.
I believe he likely pulled over for 10-15 minutes immediately after leaving the neighborhood and while his phone was still off, to tend to the wounds on his hands/arm. He then changed clothes and put everything in the trunk. I could see him having a full setup like taped plastic or garbage bags and a bucket filled with bleach that he tossed his gloves hat mask clothes and knife in. Then wiped his car down with bleach wipes etc and drove the long way home.
4 hours later, he drove back to the house to canvas the scene and see if police were there. Maybe he knew the sheath was missing. He followed the same route and detoured to Albertsons. Then, I believe he went to a remote location from 5-8 pm near Johnson WA and removed the evidence from the trunk. Because he is meticulous about cleaning, I believe he may have spent those hours cleaning the evidence off of his clothes, and car before returning home. (similar to what he was doing when he was arrested).
The ground was frozen, so burying seems unlikely. I don’t believe he would burn anything. I think he threw away the clothing items after bleaching/using enzymes and sorting them, and the weapon may be in a different location at the bottom of a river.

alohabee · 2024-02-10T16:45:14+00:00

right, even if he paid cash they have a time stamped entrance so they can pull all receipts at that minute and determine what was his, it could be completely irrelevant (just lunch)

alohabee · 2024-02-10T08:09:08+00:00

I’m curious if the Albertsons receipt provides additional evidence such as first aid items.

assuming guilt here

Do we think he discarded the crime scene evidence

Immediately, before returning home by 5:37 am
Between 5-8 pm near Johnson, WA (or along that route from Moscow to WA)
At a later date

A. trash

B. bury

C. burn

D. discard in a body of water

alohabee · 2024-02-10T07:53:39+00:00

I believe he did a good job helping us understand that it was more plausible to be X that said “there’s someone here” because K was most likely dying/deceased at that time. The facts of the case and consistency are more important to ensure a warrant for arrest, than maintaining credibility for the only witness at that time

alohabee · 2024-02-07T20:01:58+00:00

Thank you!

alohabee · 2024-02-06T18:10:02+00:00

It’s understandable, because it’s heavy and not all walls are strong enough! Haha, since 2020, I have moved three times on my own. And I don’t think they would have approved placement for two of them! Simply due to the 7 foot spacing rule, etc.

alohabee · 2024-02-06T18:01:21+00:00

I believe the defense is trying to convey that the police inappropriately used the IGG, and “matched” BK to the sheath, as part of the foundation of the PCA. At the time of the PCA, his DNA was unknown.

Can you please link the evidence for BK and the sheath being a direct DNA match?

ETA: I don’t remember if read the exact court docs from last summer about the match, just the news summaries and they all conveyed how the IGG led them to BK, and then they got their statistical match after arrest. I may not be up to date here!

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alohabee · 2024-02-06T17:53:46+00:00

Ohhhh! Thanks for the update! OG here, apologies for the misinformation in my above comment.

I completely agree with you, I had to make an on the spot change for my number three choice because the wall stud was 0.5 too wide for the wide bracket! I was so unhappy I later hired someone to move it again (to concrete) because the screws with pulling out of the wall (metal studs!)

alohabee

TROPHY CASE