Idaho 4 / Bryan Kohberger - Why I changed my mind about the IGG motion - Attorney analysis

Поділитися
Вставка
  • Опубліковано 24 жов 2024

КОМЕНТАРІ • 599

  • @stevegosney
    @stevegosney Рік тому +132

    Andrea Burkhart is excellent! This is the go-to channel for coverage of the Kohberger case, Keep up the great work!

    • @mountainman4969
      @mountainman4969 Рік тому +3

      Yes she is good I have recently found her channel. I also like a lady named Harvard lawyer lee who is very knowledgeable. She goes over this case also.edited her name

    • @stevegosney
      @stevegosney Рік тому

      She is the go to person on this just as Legal Mindset is the go to person on Disney Desantis@@mountainman4969

    • @pamelawalton1643
      @pamelawalton1643 Рік тому +10

      I believe Bryan is innocent

    • @JK-kb8vj
      @JK-kb8vj Рік тому +2

      @pamelawalton1643 I tend to agree with you as well. I was upset they waived right to speedy trial because now I feel sorry he has to stay in jail for years when he may be innocent. I feel they could go now and have reasonable doubt.

    • @TR4zest
      @TR4zest Рік тому

      @@pamelawalton1643 So may pieces of evidence point to him, plus the sheath, found beneath a victim murdered hours before, had his dna on it. He is not guilty until he is found to be, but I have NO IDEA how you could come to the conclusion that he is innocent.

  • @AngelaRichter65
    @AngelaRichter65 Рік тому +70

    As a molecular biologist who also used to be a glorified file clerk at the DAs office, I have been watching this and I have to say, I agree with your analysis almost 100%. That little bit where I balk is my knowledge of exactly can be manipulated within the genomic information when presented in court.

    • @V23325
      @V23325 Рік тому +17

      I’m so curious what you mean.
      How can genomic information be manipulated? ( if it’s too long to explain is there a link you can share ? 🙂)

    • @blurrylights6344
      @blurrylights6344 Рік тому +9

      Yes, Angela. Please tell us. I'm curious now. Don't be coy. (Edited for spelling.)

    • @sassyfrass7029
      @sassyfrass7029 Рік тому

      Here’s one article I found interesting.
      DNA Evidence Can Be Fabricated, Scientists Show
      Share full article
      Read in app
      By Andrew Pollack
      Aug. 17, 2009
      Scientists in Israel have demonstrated that it is possible to fabricate DNA evidence, undermining the credibility of what has been considered the gold standard of proof in criminal cases.
      The scientists fabricated blood and saliva samples containing DNA from a person other than the donor of the blood and saliva. They also showed that if they had access to a DNA profile in a database, they could construct a sample of DNA to match that profile without obtaining any tissue from that person.
      “You can just engineer a crime scene,” said Dan Frumkin, lead author of the paper, which has been published online by the journal Forensic Science International: Genetics. “Any biology undergraduate could perform this.”
      Show Full Article…..

    • @stellaallbright4750
      @stellaallbright4750 Рік тому +8

      Angela, did you miss a "what" in your original post?? 🤔

    • @katheywhearley7953
      @katheywhearley7953 Рік тому

      @@V23325❤🎉haad 4:31 4:35 4:36

  • @george221999
    @george221999 Рік тому +32

    Without the speck on the sheath, there seems to be no case. But even with that evidence, it's a fair question whether there is a case. Should this have been brought to trial?

    • @rowingnow_RAs3rdRidicTimeline
      @rowingnow_RAs3rdRidicTimeline Рік тому +8

      Both sides and the judge know what the evidence is which is why no one is clamoring for a motion to dismiss the charges in general.

    • @nessunodorme3888
      @nessunodorme3888 Рік тому +10

      I think you summarized the state's case very well and it just is not convincing not only for the minute evidence to tie BK to the crime but the enormous lack of other evidence that leads me to have very reasonable doubt as to his guilt. It sure looks like they were getting desperate to charge someone with this crime and did it as soon as they possibly could.

    • @jeffrey.p.thornton
      @jeffrey.p.thornton Рік тому +1

      Well, it hasn't been brought to trial yet. Jeopardy does not attach until the jury is sworn. Prosecutors could dismiss for lack of evidence and refile later if they found something more . . . but I wouldn't wait up if I were you.

    • @george221999
      @george221999 Рік тому +5

      @@jeffrey.p.thornton it does bother me that the case almost seems frivolous or concocted. Are the prosecutors arrogant, incompetent, or is this considered fair play in state courts? When you multiply the probabilities of each weak link you get a very improbable defendant.

    • @pamelawalton1643
      @pamelawalton1643 Рік тому +3

      Bryan is innocent ❗❗❗

  • @sassyfrass7029
    @sassyfrass7029 Рік тому +49

    Of course it matters. Anyone who thinks it doesn’t should hope they are never put forth due to corruption and/or incompetence.
    Not only for BK but for all of us.

    • @JK-kb8vj
      @JK-kb8vj Рік тому +15

      I so agree. It's scary. I had no idea that any one of us could find ourselves in this situation. I never thought possible.

    • @nessunodorme3888
      @nessunodorme3888 Рік тому +6

      That's exactly the right attitude because it really could be any of us.

    • @moonlightandfuchsias
      @moonlightandfuchsias Рік тому +5

      Facts!

  • @commercialzone4141
    @commercialzone4141 Рік тому +14

    Great content. No nonsense. Non emotional. Non judgemental. Thank you for your videos.

  • @ez4me2sa
    @ez4me2sa Рік тому +87

    What's shocking to me is the microscopic 20 skins cells dna that was found on the INSIDE of the SNAP...no dna on the outside, on the actual leather?? That should be filled with dna. In addition, DM saw a man 'clad in black', not wearing some 'Dexter' suit or covered in protective clothing. No blood tracks outside, no dna in Bk's apt, home, office or vehicle....etc, etc,....this entire case is insane.

    • @aisle_of_view
      @aisle_of_view Рік тому +4

      It's 2023, the kids call him "Texter" these days.

    • @dttlkk
      @dttlkk Рік тому +1

      Oh yes they do.@@racheljacobs9688

    • @mosspiglet8766
      @mosspiglet8766 Рік тому +18

      I'm interested to know if there is a definite link between BK and the knife sheath, and if so, what that link is.
      I also want to know why the 3 other unknown male profiles were not explored by IGG. Without identifying who they are they cannot be excluded from the investigation. I think they expected the owner of the knife sheath DNA to provide any possible links.

    • @dianealarcon8304
      @dianealarcon8304 Рік тому +4

      Not sure of accuracy, It was reported that BK purchased a knife w/sheath on Amazon.

    • @dttlkk
      @dttlkk Рік тому

      I can't get passed the 3 dna especially the 2 inside. IMO AT has to hammer at that and it's game over. @@mosspiglet8766

  • @nattiejanes
    @nattiejanes Рік тому +31

    The last expert they had on the stand who is self taught was super interesting

    • @Susiehighschool
      @Susiehighschool Рік тому +1

      Wonder what the FBI is doing to her

    • @inadz.1111
      @inadz.1111 Рік тому +1

      ​@@Susiehighschool suposedly she took back her testimony and thats why they are talking to her. Plus, she should not comment her testimony at all and she did, she is still under subpoena

  • @continentalgin
    @continentalgin Рік тому +49

    Thank you so much for the excellent continuing coverage of developments in the court proceedings. Very much appreciated!

  • @sylvias5087
    @sylvias5087 Рік тому +24

    Hi Andrea, always look forward to your videos. It is difficult to accept the DNA experts assertion that the statistical probabilities for DNA matches cited by law enforcement is predicated on an individual being unrelated to anybody. There is no such person on this planet who is unrelated. If the expert’s assertion is true, then every single case with a dna match needs to be re-opened. This is alarming news at the least! Something smells fishy here.

    • @tarawerner4271
      @tarawerner4271 Рік тому +3

      This is why we find out the FBI questions her.

  • @heidielkington8632
    @heidielkington8632 Рік тому +20

    Now I feel enlightened. Your explanations are superb!

  • @Tinmann_77
    @Tinmann_77 Рік тому +77

    Every person who has submitted dna to one of these companies and opted out needs to get together and sue the companies in a class action lawsuit for violating their privacy rights.

    • @wotiluv
      @wotiluv Рік тому +4

      Well no one knows who accessed their information unless an investigation is done 🙄

    • @waligerber9410
      @waligerber9410 Рік тому

      Yes they should, it is about every persons right. But in this case they will play the game in court as long they don‘t have to come forward how they did it. And can sell to the jurors it did not matter?! The only thing to see is the match from BK and the sheath! Witch i never saw, like the LISK belt they found and showed to the public. Or did LE showed pictures of the original sheath? I just saw the picture where they said,“ a sheath like this one“. If you saw the real one, please tell me. Thank you, stay safe and be just!

    • @wotiluv
      @wotiluv Рік тому +2

      @@waligerber9410 there’s a lot they haven’t showed publicly doesn’t mean they don’t have it. You think they convinced an entire grand jury w/out showing anything 🤦‍♀️get real

    • @waligerber9410
      @waligerber9410 Рік тому +2

      @@wotiluv they told the GJ if there is probable cause! Not reasonable doubt! And the sheath is the only thing in the prosecutor's papers to tie BK to the scene. I'd like to see it because of the importance. They showed a similar one, why not the real? I don't know who did it, i don't care who did this sick act. I just want no thought in my mind that the right guy is found guilty. And no one walks because of a technical fault! Wish the families the strength they need. And the sheath is nothing they kept secret.

    • @wotiluv
      @wotiluv Рік тому

      @@waligerber9410 😮‍💨💅

  • @MrsKelly-pc3sg
    @MrsKelly-pc3sg Рік тому +12

    Thank you Andrea! Always appreciate your perspective

  • @keithsparling5537
    @keithsparling5537 Рік тому +12

    Another great job od delivering facts about this, along with great reasoning and ecplanations! Thank you for clearing up these confusing issues! You are a blessing of truth and straightforwardness!
    Thank you again! More more more!

  • @cynthiajames5870
    @cynthiajames5870 Рік тому +20

    Thankyou for your legal analysis! Appreciate your hard work!

  • @lindaranstrom5362
    @lindaranstrom5362 Рік тому +13

    Good job Andrea for explaining your analysis. Very much appreciated.

  • @cosmicpr2707
    @cosmicpr2707 Рік тому +10

    Always love your analysis. Thank you for being in the courtroom.

  • @dawnmarie1433
    @dawnmarie1433 Рік тому +21

    As a physician with many years of lab experience, it is my opinion that all the genealogy evidence is 100% relevant. Lets see if Judge Judge gets it right! Constitutional rights are important, and this is a DP case!

  • @MissPotts777
    @MissPotts777 Рік тому +33

    Under the US Constitution, isn't a Criminal Defendant entitled to ANY & ALL evidence LE claims led them to the Defendant?
    Isn't a Criminal Defendant entitled to ANY & ALL evidence LE used to secure an arrest warrant?
    Isn't a Criminal Defendant entitled to ANY & ALL evidence the State may have used in a secret GJ hearing to secure an indictment?
    TY Andrea for being awesome. ❤

    • @littlekingofthebirds
      @littlekingofthebirds Рік тому +3

      they State has said they did not use IGG to secure the arrest warrant.

    • @deborahbeltz718
      @deborahbeltz718 Рік тому +8

      Yes, by law, they are entitled to all of it, and they did not get it. What is wrong with this judge

    • @mirrrie
      @mirrrie Рік тому

      ​@@littlekingofthebirdswhat was the proof then

    • @littlekingofthebirds
      @littlekingofthebirds Рік тому +2

      @@mirrrie I don't know. Probably car data. But the State has said in filings and in open court that they did not rely on IGG for the arrest warrant.

    • @inadz.1111
      @inadz.1111 Рік тому +2

      ​@@mirrrie car, witness, survailance, they only need probable cause to arrest

  • @catherinelynnfraser2001
    @catherinelynnfraser2001 Рік тому +6

    I’m fascinated by the potential of this in discovery. Thank you for sharing your thoughts and insights.

  • @karabiener
    @karabiener Рік тому +4

    Hi Andrea.
    Please, don’t call it touch DNA. The proper term is trace DNA.
    ‘Touch’ suggests there was a direct contact between the person depositing their biological matter and the object sampled. The current DNA techniques are so powerful that a DNA profile can be developed from cells deposited by secondary transfer.
    Simplified example: I touch the door handle then you touch the door handle. Now you have my cells on your hand. You touch the spoon. The profile shows a mix of two persons, a major and a minor component, you and me respectively and I didn’t even touch the spoon.
    Ps I’m not saying BK didn’t leave his DNA behind by actually touching the sheath, however it’s still called trace DNA regardless. 1:11

  • @valeried.9056
    @valeried.9056 Рік тому +7

    Yup, parallel construction. This turns up during illegal substance cases. There are a few YT videos of defense attorneys and legal experts explaining this.

  • @microdot153
    @microdot153 Рік тому

    Andrea you are a wonderful woman. Much pride, integrity, dedication, professionalism, intelligence. Thank you for sharing your knowledge with all of us on so so many different cases. And thank you for breaking it all down in layman's terms.

  • @cargopilotguy305
    @cargopilotguy305 Рік тому +3

    As a First Officer on the 747-8F, I have nothing of value to add to the legal analysis and observations made in this video. But I do enjoy your content.
    Cheers.

  • @ElizabethAlmeida-j9i
    @ElizabethAlmeida-j9i Рік тому +13

    Big question is when they found BKs car and they became suspect #1 did they take his DNA from his car (door handle) or his apartment (door knob)? They had FBI, ISP, LCSD and ISForensics lab investigating him immediately so the probability of this evidence being taken is very high. This would mean that they could have compared it to the knife sheath at this stage of the investigation instead of tracking him across the USA to get a buccal swab to compare to the Knife sheath DNA and claim that IGG had nothing to do with the case. This is why the defense has asked for discovery of all chain of custody, notes, communications, emails, forensics results with complete chronological evidence with an Internal Review provided to the court. It is very clear that there was a whole lot of brainstorming going on in all of the LE agencies involved. This truly a David and Goliath scenario with David having only two stones to hurl, one at the DNA and one at the car. If he is successful with either one the case is over and he will be found not guilty and not because of a technicality.

    • @tygerburning753
      @tygerburning753 Рік тому +5

      They used DNA found in the trash he threw in the neighbor's trash can. The law on use of trash is strong and unlikely to be a problem.

    • @bonniehowell9206
      @bonniehowell9206 Рік тому +3

      ​@@tygerburning753Exactly. Obtaining samples from his property prior to his arrest would require a search warrant.

    • @littlekingofthebirds
      @littlekingofthebirds Рік тому +5

      @@bonniehowell9206 once he throws it out, it's no longer his property.

    • @ElizabethAlmeida-j9i
      @ElizabethAlmeida-j9i Рік тому

      @@bonniehowell9206 This is true that they would have needed a warrant to get his DNA from the door knob or car door handle that is exactly why they needed the IGG to get his DNA swab after his arrest because of a fictitious PCA being used. This way they averted the problematic methods they used to get BK.

  • @wotiluv
    @wotiluv Рік тому +4

    Very excellent reassessment. I do believe experts made really good points. I eagerly await Ann Klein’s announcement today I’m guessing they convinced BK to give up the speedy trial in order to buy time.

  • @HomelandUSA
    @HomelandUSA 9 місяців тому +1

    As we know there was a document drop regarding the IGG and the defense is only allowed a PORTION of the IGG. I absolutely recommend checking out the creator by the name of Get a Clue & the video titled “Standing Silent."
    He engages with a biochemist director from a graduate school, delving into detailed and articulate information about IGG. The information presented explains how achieving a “octillion” level of rarity is Impractical. As well as the exploration of how the IGG technique works in creating a profile. Worth watching for a deeper understanding that is very well articulated and it’s information that the prosecution, and even the defense has failed to mention. Also mentions the controversies of touch DNA. Its a very informative video of how corrupt Idaho is. The IGG info starts about 5min into the video.

  • @glowmonster5198
    @glowmonster5198 Рік тому

    Lets give it up for Andrea for publishing such clear information .

  • @Bloodnok49
    @Bloodnok49 Рік тому +3

    Interesting to note that in Stephen Mercer's CV, he co-authored a paper entitled: ''Shadow Dwellers, the Under-regulated World of State and Local DNA Databases'.

  • @musicalcontessa4275
    @musicalcontessa4275 11 місяців тому

    Andrea, I just replayed this, for another listen. I had heard this segment a couple months ago when you first posted it. Continues to be interesting!!!

  • @LK57913
    @LK57913 Рік тому +4

    I too changed my mind about this motion after listening to the testimony at the hearing. I can see both sides of the argument though. I am happy for my DNA to be used for crime-fighting, but I don't know if I'd want a defense attorney or defendant to have my identity in contributing to their arrest. It could be a risk. While still understanding the need to ensure proper procedures are followed.

  • @sourpatchkid394
    @sourpatchkid394 Рік тому

    I wish we could hear your thoughts about the media and filming in the court now that the defense wants them out. I know your relaxing this summer but you are the best: and with what you saw shows the disregard and disrespect for the rules of the court room

  • @socialbutterfly4146
    @socialbutterfly4146 Рік тому +3

    I don’t think it matters how they got the DNA! As if they got the DNA in a unsavory way, they should release him!!!?? Hell NO!

  • @RogerVKint
    @RogerVKint Рік тому +3

    Thanks. I got more out of listening to you than listening to the hearing.

    • @shweefranglais7900
      @shweefranglais7900 Рік тому +2

      Ditto. There's probably a lot of people would agree with that statement.

  • @Dream_suburb
    @Dream_suburb Рік тому +12

    ANYONE could of put that sheath at the crime scene between 2 AM and 4 PM ❗
    The crime scene was 'open for vistors' for more then 8+ hours.
    COMPLETELY COMPROMISED crime scene, to begin with.
    So, how ANYTHING that came after that can be TRUSTFUL ❗❓
    💭

    • @rowingnow_RAs3rdRidicTimeline
      @rowingnow_RAs3rdRidicTimeline Рік тому +3

      Anyone could have placed the sheath there but Kohberger is the one who did. No one knew he wasn't going to have even a crumb of an alibi beforehand, so the conspiracy theories look ridiculous the more you actually ponder the situation.

    • @Dream_suburb
      @Dream_suburb Рік тому +3

      ​@@rowingnow_RAs3rdRidicTimelineThat's not even funny any more.
      Conspiracy is what's going on in this case, actually.
      That Kohberger person was NEVER inside of that house, first of all.
      Second, this wasn't done in those MINUTES, as they mad up.
      Those kids had DEFENSIVE WOUNDS !!!
      They FOUGHT !!!
      It wasn't just - in & out, come & done - kind of crime.
      It was preplanned, organised, coordinated and covered up.
      Wounds by MULTIPLE perpS.
      DIFFERENT type of wounds!
      It was MASSACRE, as it was describe at the very beginning, but ppl seem to forget that.
      But who cares about the REAL KILLERS, still walking among the campus, as we speak right now.... Anyway 🙄

    • @KaileyB616
      @KaileyB616 Рік тому +2

      Not to mention that investigators were caught on camera all throughout the first day in the house with their regular street clothes on, no PPE or anything to prevent contamination of the scene. Their hair was in loose ponytails, they wore their same little booties in and out of the house, they were sneezing and coughing, etc etc. IMO, based off of that and the fact that there was a group of people inside the house before LE was even called, I don't think that any DNA samples from inside the house should even be admissible in court.

    • @KaileyB616
      @KaileyB616 Рік тому

      @@rowingnow_RAs3rdRidicTimeline the only conclusion I can come to is that people like you must be paid by the prosecution to come on social media and support the official narrative... or you're just bots. Because no serious person would call the actual facts of the case "CoNsPiRaCy ThEoRiEs"... it's just so low IQ.

    • @megpeter
      @megpeter Рік тому +3

      Who had any incentive to frame Kohberger? Until his DNA was linked to the sheath, he was just a dorky criminology student on a different campus. It's such a dumb argument.

  • @terri200
    @terri200 Рік тому

    Absolutely awesome again, Andrea!!! Thank you for all of your wonderful insights!!🙏💖🪶💞💯💯💯👏👏👏

  • @falconquest2068
    @falconquest2068 Рік тому +3

    I just found your channel and I must say that I like your analysis style and logical conclusions. Your artistic logo is really cool btw!

  • @phillipbray1700
    @phillipbray1700 Рік тому +7

    I'm so glad you have returned. If they are going to use IGG they should come up with laws to protect the public.

    • @nessunodorme3888
      @nessunodorme3888 Рік тому +5

      If they're going to use _any_ sort of evidence they cannot be allowed to keep any part of it secret. Even if they're basing something on a dream or something, they have to permit the defense to thoroughly scrutinize and question their evidence.

    • @rachelpickens6025
      @rachelpickens6025 Рік тому +1

      ​@@nessunodorme3888I agree or it's just made up lol yup its him your honor we want the dp but we don't wanna share how we framed him an eliminated other suspects 😮 you can trust us honestly 😅 we don't have any proof we can use legally so can you cut us a break and stop being nosey huh? 😅

  • @lillyshaw9439
    @lillyshaw9439 Рік тому +2

    Wow! I couldn’t hear what they were saying in court. Thank you so much for explaining it simply.
    Andrea, how will this affect the timeline for the speedy trial.
    Surely, the FBI won’t turn it over easily. X

  • @deannacousin2339
    @deannacousin2339 Рік тому

    Enjoyed your explanation, and the cadence and timbre of your voice. East to listen to. Thank you. 🙏

  • @cathymc8365
    @cathymc8365 Рік тому +2

    As always, clear and concise information and broken down all at the same time!
    Thanks Andrea!

  • @tsmith3286
    @tsmith3286 Рік тому +12

    They don’t have evidence that an Elantra is even involved in this crime and if they did Bryan’s car has been eliminated with nothing found in his car.
    What bothered me more than finding a few cells of dna on the sheath is the lack of dna in that house. Bryan apparently didn’t shed a skin cell in that house and didn’t bring any dna from the victims with him from the house.
    IMO there’s enough reasonable doubt thus far.

    • @Missbehavin_NekaB
      @Missbehavin_NekaB Рік тому +1

      If what you’ve stated is true, BK likely would not have waived speedy trial.

    • @tsmith3286
      @tsmith3286 Рік тому

      @@Missbehavin_NekaB why

    • @Missbehavin_NekaB
      @Missbehavin_NekaB Рік тому +1

      @@tsmith3286 you said there’s enough reasonable doubt thus far, then why waive speedy trial? Why not just go to trial on 10/2/23?

    • @tsmith3286
      @tsmith3286 Рік тому

      @@Missbehavin_NekaB I said I believe there’s enough reasonable doubt thus far. That is my opinion based on what I have seen so far. I doubt Bryan’s attorneys would hold my opinion in such high regard as to go to trial.
      If you think he should not waived his rights to a speedy trial I’d like to get your opinion as to why.

    • @Missbehavin_NekaB
      @Missbehavin_NekaB Рік тому +3

      @@tsmith3286 no, I agree that waiving was the right thing to do. This matter is too serious to rush along.

  • @CrazyMomma007
    @CrazyMomma007 Рік тому +18

    I feel bc there is an opportunity for LE to illegally search (& seize) personal info in databases they are not allowed to go into (based on expert testimony) then discovery should DEFINITELY include a clear documentation of the process: both timing & process of where they looked. If they looked into prohibited databases, it would be a constitutional right agaist illegal search & seizure (in our digital world). I don't want any authority to not provide evidence how they investigated an individual. I think there is some situational evidence something unusual happened in the IGG bc an genealogical expert (on STS re Rachel Morin case) who worked the Golden State Killer case, said the genealogical research after getting a match usually takes weeks (think she said 14-18 wks on ave). The genealogist has to build a tree then try to find applicable suspect (& this involves lots of paperwork). The Moscow case took 14 days, which seems SUPER fast. She also mentioned how much DNA is necessary for identifying a sample & I am wondering how many epithelial cells were on that button. I also wonder, what type of DNA samples were the other 2 males in house & 1 outside? All epithelial (touch) or were others HAIR, SWEAT, BLOOD or (god forbid) SEMEN? I still find it incredulous there was this horrendous crime & there's no mixed blood samples (how did assailant not cut themselves during the assult) & no blood trail leaving the residence. I mean, it occurred w/in 15-20 mins, so how is there not SOME blood in his car?! Do we know if the checked all the tubs/bathroom traps INSIDE the house (was clean up done there)? Maybe timeline is off & assailant stayed longer to clean up there. I don't know. I'd like the weapon or some specific connection btwn BK & the victims....just being a weirdo & driving in area doesn't seem DPentalty worthy.

    • @JK-kb8vj
      @JK-kb8vj Рік тому +4

      You stated everything perfectly. My thoughts exactly. I need to listen to video again because I think she said even if the police obtained the link to BK illegally as long as BKs rights were not violated it was okay to do and use. But really it would be best to go ahead and use it so he doesn't get off on a technicality because he will not be able to live a normal life but if proven not guilty then he has a little shot. He will need to change his name and move to Houston where nobody it seems but me is into this case.

    • @stellaallbright4750
      @stellaallbright4750 Рік тому

      What's wrong with semen, lol!? Seriously. No one was RAPED. 🙄

  • @psmith6512
    @psmith6512 Рік тому +2

    Thanks for covering this story, buddy. Enjoy your presentation.

  • @goosebump801
    @goosebump801 Рік тому +2

    Thank you for yet another thoughtful analysis, very clearly presented. 💐

  • @TheRobertlonski
    @TheRobertlonski Рік тому

    Well done Andrea -- I love your insightful/expert (lawyer) analysis. you present the material in a clear and straightforward manner. Please try to post more content but I do understand the time it takes to research and present the material is large, we don't need anything fancy or over-produced -- your innate presentation skills are outstanding. Bob

  • @marmite.
    @marmite. Рік тому +8

    Thank you Andrea always look forward to your updates,i feel the prosecutor is play fast and loose handing over "All" DNA testing..

  • @angelgonzalez-du1oo
    @angelgonzalez-du1oo Рік тому +21

    The Prosecutors open the doors by probably using a method that it was out of their scope. There is another problem here, and that is that the sheath was send to the state lab and they didn't find anything and then it was send to another lab and nothing was found on the sheath but after they got DNA from his father, now they came up with Bryan's DNA on that sheath. The defense has the right to see everything that the state has in order to keep Bryan in jail., and it looks like the state just made a big mistake and it looks like they just incriminated themself when they opened the door on the IGG. This is America and everything is documented, so they can't say that they have nothing to give them, because that is not valid. (You cannot walk unless there is a surface to walk on). Thre is nothing wrong to go for a walk or go for a drive all by yourself.

    • @FM-br2rm
      @FM-br2rm Рік тому +2

      Oh wow, so on the 3rd try they got the DNA?

    • @laurens4561
      @laurens4561 Рік тому +3

      So how did they get Bryan's DNA to put on the sheath, if that is the accusation, from his father's DNA?

    • @angelgonzalez-du1oo
      @angelgonzalez-du1oo Рік тому

      You got it. remember that Idaho knew the families of the victims because they were involved with drugs, and they had a history in the police Department and the chief of police hate them because they were bringing drugs into the community.@@laurens4561

    • @chrissantee8489
      @chrissantee8489 Рік тому +2

      The STR DNA WAS found on the sheath before it went to the IGG lab which developed a SNIP profile that the FBI used to develop a family tree that led Bryan Kohberger as a possible suspect. In the mean time the lab tested the STR DNA to the DNA on the sheath which was used to get the fathers DNA which was a match to Bryan's BUCCAL swab. People are not looking and doing their research how this DNA led to BK, do your research and stop listening to You Tubers who give out their conspiracy theories.

    • @octoboss2443
      @octoboss2443 Рік тому +1

      Reading the documents it is my understanding that the Idaho Crime Lab obtained a male DNA profile from the sheath but running it through CODIS did not match any profiles on the system. And that is why they reached out to Othram for the IGG research. Othram created the family tree and narrowed it down to the Kohberger family. They gained trash from the Kohberger family home and could tell from that DNA that it would have to be the Father of the profile they already had. They arrested Bryan and got a buccal swab and compared that directly to the profile of the sheath and it was a match.

  • @novawill17
    @novawill17 Рік тому

    Excellent review of the hearing. Knowledgeable, logical and well spoken. No emotional manipulation. TY for sharing.

  • @johnadams2286
    @johnadams2286 Рік тому +6

    Never really been 100% comfortable with dna evidence, as its not something a jury can see, its not like saying 'the culprit was wearing a red sweater with a nike tick on it, here is a picture, and here is a red sweater with a nike tick found in the accuseds wardrobe, are they the same'? With dna the jury have to rely on some numbers and letters printed on a piece of paper and take the word of the expert that they are correct amd havent been manipulated, which has definately happened where dna evidence has been manipulated whether its in a family court to prove parentage or in criminal cases, i think dna evidence should have to come from more than one laboratory and it should be the court controlling when amd where tests are conducted and not prosecution or defence to elliminate bias

  • @Gefionius
    @Gefionius Рік тому +3

    Brilliant analysis as always Andrea

  • @indie1179
    @indie1179 Рік тому +33

    Andrea, how can they not investigate the 3 other DNA profiles found? Doesn’t that provide reasonable doubt?
    Given this was a known ‘party house’, how is it reasonable that so few DNA profiles were found?
    Genuine question, if you get a time/chance to address it in a future video.

    • @aburkhartlaw
      @aburkhartlaw  Рік тому +38

      The defense is certainly going to argue that it provides reasonable doubt and indicates the police had tunnel vision once they focused on BK.

    • @peggzz1384
      @peggzz1384 Рік тому +13

      We all know when murders occur, it’s most likely someone known to the victim. I can’t figure why there wasn’t anyone there bedsides the roommates? The chances of it being someone known to them is much higher as the perpetrator.

    • @stellaallbright4750
      @stellaallbright4750 Рік тому +4

      @peggzz1384 -- Ethan was there and NOT a roommate. 🙄

    • @JJ-zr6fu
      @JJ-zr6fu Рік тому

      We know it’s a party house. Do we know where the Dan was found? As I far as I know BKs dna is the only dna found on a sheath under or near the victim and the sheath matches the possible weapon.
      I would argue that it’s like someone is shot in an alley and there’s only one persons dna on the weapon but the defense is arguing why didn’t you test the dns found on trash can.

    • @2hearts1song4ever8
      @2hearts1song4ever8 Рік тому +3

      @@peggzz1384I agree.

  • @mypeeps1965
    @mypeeps1965 Рік тому +1

    Fascinating thoughtful insights. Thank you.

  • @majiot.f.schelde3639
    @majiot.f.schelde3639 Рік тому

    Hi Andrea! I often listen to you when I need to listen to an intelligent human being. Please stay well and safe and dont get the corona - flue, or anything else - if you keep an alcaline body you should be spared for all that - so it is worth it to keep up with your body-chemistry. Much Love Majio from Denmark 🌷🌷🌷

  • @kam1470
    @kam1470 10 місяців тому

    came here from Law&Crime and subscribing.

  • @CaseNotesOnFile
    @CaseNotesOnFile Рік тому +1

    I would like someone in Judge Judge’s courtroom to answer one question: why is it that their audio sounds like the attorneys are whispering into rusty tin cans? Can't they ask the state of Washington-we’re just across the state line here ---how the Benton county courtroom gets to have absolutely crisp and clear audio for the arraignment of Jared Bridegan’s ex-wife? We the public want to hear the case; and seriously, Mrs. Fry---if she is indeed the one slapping a keyboard as the attorneys are speaking---needs to move as far away from the mic as possible. Please, someone tell the woman that I want to be able to hear every word of the September 1st hearing. It’s important.

  • @kasiadane1367
    @kasiadane1367 Рік тому +3

    Excellent context for one in whatever quadrillion. When DNA is passed down from various people, you don't always have the ability to find out the endogamy of those individuals or what the random passing down is, and limiting it to XX markers means that something like this says that basically no other person who ever existed in on earth ever had the same or essentially the same markers as this dna shows for the number of markers.

  • @ocdshaggy
    @ocdshaggy Рік тому +8

    "Do as I say not as I do" - LE/FBI
    LE/FBI we don't want to trample on the family members rights by handing this over to the defense. But trampling on there right to get them on that familty tree it perfectly okay.

    • @stellaallbright4750
      @stellaallbright4750 Рік тому +1

      @ocdshaggy -- How do you know rights were trampled on? Do you know which genetic genealogy site was used and have you read the fine print? Do you know which laws are in place regarding g investigating murders and cold cases based on genetic genealogy?
      Can you share links to that I formation, please??

    • @ocdshaggy
      @ocdshaggy Рік тому +2

      @@stellaallbright4750 We don't know that for sure.. But I'm 99% sure that's why they don't want to hand over that documentation because then it would prove if they did or didn't use loop holes to get around the opt out clauses of these DNA sites.
      Depending on which names are on the tree could easily determine if it was done properly.
      And again this is just my opinion. Nobody can prove it was done properly or unproperly without that documentation.

    • @trishgannon4253
      @trishgannon4253 Рік тому

      @@stellaallbright4750 I can answer two of your questions. As to which site was used - no one knows because the prosecution is refusing to provide that information. As for laws regarding the use of genetic genealogy, right now there's only the Department of Justice's interim policy. You can find that here: www.justice.gov/olp/page/file/1204386/download Because it was the FBI who actually undertook the genetic genealogy work (according to one of the prosecution's filings), they are bound by that policy.

  • @aprilfox1057
    @aprilfox1057 10 місяців тому

    28/12/2023 What?! I cannot believe the house has been razed to the ground before trial. Police forensics and this action defies belief. What if the jury request visit to the murder scene?

  • @Acousticallycool
    @Acousticallycool Рік тому +16

    The problem with the way this investigation went to me was how it played out to the public as a biased narrative with the PCA inadvertently being a factual document based on the gathering of info including statements made for the investigation and eventually pursuing a targeted lead to solve the case, which should be normal with the inclusion of all possible leads being considered and subject to scrutiny. The biased reporting on the medias part gave the general public alleged closure that they got their guy, who happened to be described as a strange man in black walking out of the house during the timeline based on info gathered by LE and determined for the PCA. If justice will prevail for the young victims of this horrific tragedy and the perpetrator(s) will presumably be sentenced for their vicious crimes, then all possible evidence of the scene and suspicious behaviors of people known to be in connection to events that night must be kept in transparency as the trial proceeds.

  • @ashleycisper-cox3672
    @ashleycisper-cox3672 Рік тому +3

    Yay! Such a wonderful treat to listen in on this one this morning

  • @krs4395
    @krs4395 Рік тому +40

    It's known as Parallel construction and it's something the FBI were caught doing in regards to their massive data retention efforts, they weren't legally allowed to use the information because of fourth amendment issues so what they would do is use the information as a tool to get further information. Once they'd achieved this the original illegally obtained information is discarded and replaced with the new parallel constructed information.

    • @-Monad-
      @-Monad- Рік тому +5

      "Caught doing"? Parallel construction, while completely unethical, is entirely legal. Evidence Laundering is illegal, but that's a distinctly different thing.

    • @SydBaron
      @SydBaron Рік тому

      Parallel construction is used in drug cases and the like. Somehow I can't see any fruit of the poisonous tree arguments playing out here with four dead people.

    • @ceha9517
      @ceha9517 Рік тому +1

      But who's task is it to sue LE? Kohberger's or the relatives who gave the DNA? And is LE the one to sue or the companies that make the work arounds in the data base possible?

    • @ruthcarter1360
      @ruthcarter1360 Рік тому

      AHA, illegal

    • @davecooke7868
      @davecooke7868 Рік тому +3

      I think the police should use anything they can to catch the bad guy even if it steps on your rights. The victims had rights too. Like who would want a killer to g free just because they obtained DNA in a way they shouldn’t have everyone should have their DNA in a database because it would help LE catch the person responsible or a victim it would help LE catch people faster it’s beyond me that I/ we can search our DNA tree and use all the tools but LE can’t use the same tools 😮

  • @johnward8064
    @johnward8064 Рік тому +1

    Brilliant woman. Easy on the eyes too.

  • @DWilliams-ce8nb
    @DWilliams-ce8nb Рік тому +2

    The DNA issues were well explained. Thank you, Andrea.

  • @moniquem8093
    @moniquem8093 8 місяців тому

    Amazing video, I think the Public defender could seriously use your help to defend BK, I believe he is just a scape goat,

  • @jeremyyoung1386
    @jeremyyoung1386 Рік тому

    Wouldn't it also assume when building the family tree that everyone is in fact telling the truth as to who the father is.
    And by extension wouldn't all those people being profiled have a right to privacy, and to not be treated as a suspect?

  • @stuartm7932
    @stuartm7932 Рік тому

    Great insight and this will be a very interesting trial, with your commentary.

  • @Steve-tc2pi
    @Steve-tc2pi 9 місяців тому

    I really like your channel. Verry
    knowledgeable.

  • @dennisjensen2239
    @dennisjensen2239 Рік тому +8

    I love criminals getting put behind bars, but I just don't get why some one else giving up their DNA freely let's law enforcement snoop for close matches. Back in the day when I handled telecommunications data, we didn't even hand over B-numbers when our customers signed a power of attorney for the data... Simply put, we had to assume that the caller had not given concent and blocked it out until we saw a signed warrant... That's not even close to DNA sensitivity 😊

  • @springer585
    @springer585 Рік тому +3

    Hi. Anne Taylor mentioned something about a request for particular information 6 months before and 6 months after a given time. Did I hear this right and if so can someone provide an explanation on this because I'm confused on this. Thankyou

    • @aburkhartlaw
      @aburkhartlaw  Рік тому +4

      That was a request for documentation from the lab for corrective action reports and unexpected result logs. These are items that document mistakes or discrepancies in the lab and can help identify problems with evidence handling, equipment malfunctions, or similar problems that can affect results.

  • @eimearinez
    @eimearinez Рік тому +3

    In the EU for Data protection reasons you can’t use DNA from a genealogy test in a court of law or by the police

  • @Trish.Norman
    @Trish.Norman Рік тому

    Thank you Andrea❤

  • @_ResQ
    @_ResQ Рік тому +3

    Why the fish?

  • @jjrakich7
    @jjrakich7 Рік тому +2

    We caught the Claremont serial killer with familial DNA here in Australia and he was successfully prosecuted

  • @Halum11
    @Halum11 Рік тому +2

    I don’t think it will be granted. If the judge grants it the defense still won’t get it because feds won’t budge but then in that situation the judge will have to provide remedy to Kohberger. So he’s probably not gonna grant igg to Kohberger to begin with

  • @williambrown5974
    @williambrown5974 Рік тому

    Just found you, glad I did, looking forward for more videos.

  • @tarico4436
    @tarico4436 Рік тому

    7:27. OK, real quick percolate.
    Nurse: "Really quickly, Doctor, cut into the patient's brain."

  • @Edward-W
    @Edward-W Рік тому +1

    Is it going to require new laws to clear up how appropriate it is for the police to outsource the investigation of genetic profiles to private providers of such services? Is that technically even violating the ToS of these companies who have the option for people to opt out of police investigations and separate operating procedure on those databases for people within investigative bodies?
    I'd be super interested to see what kind of legal answers such questions would lead to.

  • @angelomia6691
    @angelomia6691 Рік тому +2

    Reverse engineer...is very much what I also feel they are doing...I like your perspective on this

    • @Missbehavin_NekaB
      @Missbehavin_NekaB Рік тому

      What’s wrong with reverse engineering? Aren’t many cases worked backwards?

    • @AcidAdventurer
      @AcidAdventurer 6 місяців тому

      ​@Missbehavin_NekaB I think what's meant here is "ad hoc" reasoning, which is an indication of a less probable argument when making inferences. You want an argument that explains the most evidence in the most complete way possible. If your argument doesn't account for evidences, but you have to make up an explanation after the fact to explain certain discrepancies away or to excuse why your argument doesn't seem to best fit with those certain evidences, this argument becomes less probable. For instance, with the official story, the prosecutors (or rather those in support of the position that BK did it) argument thus far doesn't seem to account for why the witnesses waited so long to contact police. You can explain it away by appealing to shock and fear, but this wouldn't be the first, most probable explanation when you first approach the evidence nor is it accounted for directly by the theory. The theory itself doesn't use this evidence as support; it just explains it away ad hoc. You want as few of these instances as possible when accounting for the evidence

  • @carlacastillo3110
    @carlacastillo3110 Рік тому

    another great video andrea, you are so awesome.

  • @thomasoaxaca3379
    @thomasoaxaca3379 Рік тому

    Andrea, what has been bothering me is that the only DNA found on the knife sheaf is that of BK.
    Wouldn't there have been other DNA on the sheaf? From manufacturing, packaging, shipping, delivery, stocking, sales, there had to be other individuals that had touched the sheaf.

  • @sharonwilson8208
    @sharonwilson8208 11 місяців тому

    I've heard of adopted children running a genealogy chart. Sometimes to get an idea of their genetic history, and sometimes to see if they have any brothers and sisters. There have been some high profile cases of doctors losing their license using their own DNA sample to fertilize eggs. The others were true adoptions, not really looking for parents, but an historical background of where their biological ancestors came from. In my case, I discovered I truly was adopted, most likely to cover up my aunt's misdeeds. It wasn't much of a surprise.

  • @FlowerNana7
    @FlowerNana7 Рік тому

    Thx for sharing your thoughts

  • @kellyj79
    @kellyj79 Рік тому

    In my opinion, if the prosecution and LE used it to identify the suspect, then it should be given to the defense. If it was all done in accordance with the law and they have nothing to hide, then hand it over. It doesn't have to be given to the public. The fact that the state is not turning over and showing how they get from point A to point B is what has changed my opinion about this entire case. Judge Judge not making any decisions yet in this case is also very questionable. If their case is that solid then give the defense what they are requesting. Again, it doesn't have to be made public ....so why would the prosecution not be willing to do this?!

  • @W1ZY
    @W1ZY 5 місяців тому

    Releasing the family tree to defense enables the defense to compare that family tree to two (2) they produce through their own IGG work-ups: one which _includes DNA profiles off limits to law enforcement_ and another which does not. This could determine whether the FBI accessed DNA profiles off limits to it. In other words, defense could show that the FBI could not have produced the famiky tree which it did if it had not accessed DNA profiles off limits to it. The argument here is that so many people opted out of allowing law enforcement to access their DNA information that the FBI _was compelled to access this information illegally in order to build a family tree that initially identified Bryan Kohbeerger as a suspect._

  • @jennifercarie
    @jennifercarie Рік тому +1

    Sense the defense doesn't have the time to really nail this down, would that actually hurt his appeal? Not that I don't want to hurt his appeal, but curious that if they "turn over this stone" NOW and it is sloppy, could they be denied a more researched and clean discovery for his appeal?

  • @psmith6512
    @psmith6512 Рік тому +2

    Fruit from poisoned tree?

  • @lseh
    @lseh Рік тому +1

    Love your quick summaries…
    would you consider a JD / AH playlist… wanting to introduce your video playlist to a friend who didn’t know about these breakdowns on YT by you. I think it would help clarify misunderstandings for her. (One single playlist with videos in chronological order) ❤

    • @adriannabcustomfurniture
      @adriannabcustomfurniture Рік тому

      You can make a playlist on your account by saving her JD/AH videos to your own playlist (not your watch later playlist - you have to add another playlist to your account) and sharing it with whoever you'd like 🙂 I am just guessing that she's super busy and won't be able to do this anytime soon. Just an idea.

  • @stacy7731
    @stacy7731 Рік тому +1

    If there is a mostly complete DNA profile available there isn’t a chance of mistaking the owner of the profile.
    Full siblings only share 45-55% of identical DNA. The only people would be problematic would be identical twins who share 100% identical DNA. You would not be able to determine the owner between identical twins.

  • @CarrieMK
    @CarrieMK Рік тому

    As a statistician, the way that they present those statistics always bothers me because they aren’t calculated correctly and the assumptions that they make aren’t supported, and sometimes blatantly violated. They seem remarkably convincing, but, they aren’t necessarily mathematically sound and the problem is that neither scientists nor lawyers have a statistics background sufficient to be able to discern that.

  • @deborahbeltz718
    @deborahbeltz718 6 місяців тому

    It should be granted without out a hitch!

  • @UnfilteredMind
    @UnfilteredMind Рік тому

    How would the statistical inference have a bearing on the IGG when the statistical match was a 1-to-1 match to the STR DNA profile from the sheath which revealed the father was a paternal match to the DNA on the sheath and Bryan was a statistical match to the sheath DNA which the defense already has the full discovery on the STR DNA profile from the sheath, the father and Bryan.
    The SNP DNA has no relevance to those statistical matches. If the IGG had lead to the wrong person when they did the 1-to-1 matching Bryan’s DNA wouldn’t have been a match to the sheath DNA.

  • @mostlyvoid.partiallystars
    @mostlyvoid.partiallystars 4 місяці тому

    I’m late to this and I’m sure it’s been decided and long done but couldn’t a neutral taint attorney handle the processing of family tree information to validate or repudiate statistics? Assuming the defense is above board and doesn’t want to go fishing in his relatives for a 3rd party culprit, I don’t see why it’s not feasible but I also am not an attorney.

  • @coffeecake1803
    @coffeecake1803 Рік тому

    Great commentary!

  • @physics4290
    @physics4290 Рік тому +2

    Kohberger's own right to privacy would have been violated if the FBI didn't really construct a tree but simply matched the forensic SNP profile from Othram Labs to Kohberger's own SNP profile in Ancestry. I don't think the FBI had time to construct a family tree. This was completed by 12/19. Five weeks after the murders. There is no paper trail for a tree because there was no tree. I saw a Pullman resident interviewed on camera early on who said Kohberger told him at some party that he sent his DNA to Ancestry.

    • @stacy7731
      @stacy7731 Рік тому +2

      I have made a tree for an adopted person (one unknown parent) in two hours with strong enough DNA matches.

    • @rowingnow_RAs3rdRidicTimeline
      @rowingnow_RAs3rdRidicTimeline Рік тому

      With that response to an alibi request I wouldn't bet that Kohberger is a man of his his word, his life steeped in the truth, so who knows the veracity of the Ancestry DNA testing claims.

    • @trishgannon4253
      @trishgannon4253 Рік тому

      There is no physical process by which the DNA profile obtained from the sheath could be compared with others' DNA at Ancestry. Ancestry does not allow any DNA sample to be uploaded to their site. You have to send them a tube of spit, from which they themselves will develop the SNP profile that is used for matching.

    • @stacy7731
      @stacy7731 Рік тому

      The police use GedMatch @@trishgannon4253

  • @Jeff_H_the_Guitarist
    @Jeff_H_the_Guitarist Рік тому +8

    Thanks for this great video. It was very clarifying on the IGG, the methods, the buccal swab, and how it all impacts the trial.

  • @bthe1doright462
    @bthe1doright462 Рік тому

    EXCELLENT Video - - Thank You Andrea - - super interesting, clear, real , well communicated as usual. Best Regards and More Power to You and Your Cases.

  • @dianasegur4343
    @dianasegur4343 8 місяців тому

    Whenever there's a novel technology it needs to be carefully evaluated for a long enough time so anyone using it to arrest someone has a lot of confidence in this technology. There should always be overwhelming evidence that supports and shores up the evidence presented using a new method.

  • @JaneOnTheJourney
    @JaneOnTheJourney Рік тому

    Oh it does matter though. If a killer goes free due to bad policing

  • @susanr9907
    @susanr9907 Рік тому

    Great job as always!

  • @lindaanderson6622
    @lindaanderson6622 Рік тому +2

    What does it matter how or when they got the dna? It matches is what matters.