Bryan Kohberger's Alibi: I Was Stargazing

murder trial for defended caring read that in Arizona we've got closing arguments set to begin at 11:00AM this is in the border migrant murder trial. We begin in Idaho, with the case against accused killer. Bryan co burger. >> I'm going to be used to be has given defendant is allies that he was out driving around that eye. I'm not sure what additional information is so that it could have. 2 of 2 international ally defense. It seems like what the defense is asking for very differently upfront about it I I appreciate that but what they're asking you to do is essentially double shot all the discovery before we're just holding our ally and that's not the purpose of an alibi is in shock. This point the opposite. >> Now we have some more insight. My friends in to wear Coburg are claims he was the night of the murders as his defense team has filed their notice of alibi late last night claiming the quote Mister Coe burger was out driving in the early morning hours of November 13th 2022. They go on to claim that cell phone data will show that Bryan kohberger's mobile device with south of Pullman Washington and west of Moscow Idaho on November 13th 2022 and did not travel East in the early morning hours of November 13th and thus could not be the vehicle captured on video along the Moscow Pullman highway near Floyd's cannabis. >> Shot at perhaps the most important thing about say he was out gazing at the Stars. That's right they say he was stargazing that he likes to go. Look at the moon and the Stars at night and that's what he happen to be doing the night that these 4 homicides we're committed what do you think about that my friends, I've got 2 great guests I want to bring in right now to talk about this. They are our crack a practicing criminal defense attorneys we have with us criminal defense attorney and former prosecutor Michael J Brown and also with us criminal defense attorney and professor. >> Dante Mills great to have you both on the program this morning. >> Oh boy what do we think the jury will think of this alibi Dante Mills would you start us off please. >> Good morning, Julie it's it's interesting that they're coming forward with this followed by a information. The concern is if you're a defendant right you're you're entitled you're you're innocent until proven guilty are entitled to a defense. If you're defending that saying you're falsely accuse you can't plan where you're going to be when crime happened that you're saying he didn't commit. So it does sound a little bizarre this single he was out star easing but what if he actually was wouldn't that something he actually does and this cell phone data can prove that he never entered into the neighborhood where these kills happen. We have the obligation that we were jurors on this case. We have to be open-minded we have to be fair and listen to the evidence and I think if they can show that through cell phone data. Then we have to say maybe he's not guilty, maybe he wasn't there because of that was cell phone data presented by the prosecution place them on that scene we would absolutely used that to say that he was there. So we have to be open-minded at this point and see how all of this plays out. >> professor thank you for that you said something I want to continue with you said this may be something that he does or it you all know it is have that evidence right in the courtroom for our wonderful Courtney's at home, this is something that the rules of evidence provide for if it can be really specific and really particular aisd it could potentially come in in certain cases so here let's take a look at some more of what they said they're saying here that he has this habit of late night drives as an avid runner hiker he explored many areas after the school year begins to Coburg was busy with classes and working at Washington State he's running and hiking decrease, but he did not stop. Instead his nighttime drives increased and this is supported by the data this is what Don T was just saying from his phone showing him in the countryside late at night or early in the morning on several. Michael Che Brown, I'm wondering if this defense team is going to try to see. >> Squeeze it in his have that evidence even though as you have an Evans have to be like you know my mother for instance habit Evans going to church every morning up the weekend habit evidence like same time you're going to find rhythm asked you know that kind of thing you know that's where she will your thoughts on this Michael please. >> Yeah I think good morning. Julie good morning. Professor I think it's more about now the alibi as opposed to have happened as you know has to be habitual has to be every single day or so consistent. The alibi issue is really important because I think what the prosecution is going to try to show is they're crafting the alibi to the evidence that the prosecution has and that's why they're objecting to giving up the cell phone data before they actually follow the shower by notice and alibi notices generally have to be filed probably and you have to describe not only the witnesses. But also the location where you allegedly work. But but remember now the arrest was 7 weeks after the alleged incident and that's important because of ISU Julie writes the profession where were you. 3 days ago you probably have a difficult time recollect Inc thus specifics now you're trying to recollect and backtracks 7 weeks prior so in in the defensive cold burger, it's tough to develop that and once they get that evidence and data it may jar his memory and support way you think she was. >> Great points. Michael thank you for that you and Dante are good. I've said it many times on this show I've said it privately if I ever had for big in charged with a crime calling you So let me bounce off of you one of the things that I think is most damaging for Bryan kohberger that he turns off the cell phone during the time that officials say those homicides were committed to take a look his phone stops reporting to the network at 02:47AM police believe those beautiful young children were killed 04:00AM 04:25AM is the window they've been able to narrow down you know presumably through autopsies and other evidence kohberger turned his phone back on at 4.40 08:00AM and his defense team makes a point in saying in this alibi defense that he's out stargazing that night is looking at the Stars and he's even got jurors of the Stars on his cell phone. The cell phone if you speak pictures if it's off Dante let me go back to you on this my friend. >> You make is where kids >> when you're out your phone and I mean it has to be the easy response rate very easy. He was out for an extended amount of time taking pictures, using his phone the view the Stars and things like that in his phone just died. I think that's the easy the nation. I'm sure the explanation that they will use. But again it was it's it's ideal if you are followed by somewhere where there's tons of people you can get affidavits from people saying this is where he was but he can't choose the time that a crime happens so if he's alone you have to use what you have if the cell phone dies. Clearly that's an issue because during the time of the murder there's going to be this blackout on his location but again if he's never pinged in that area is being done other areas you can just say he would have had time to make it back over here, you know use those kind of things but it's going to be an issue that that period is blacked out when the murders may have or supposedly happened. >> Certainly problematic. No doubt a great conversation we're going to leave it there

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Length: 7min 36sec (456 seconds)

Published: Thu Apr 18 2024