Kohberger defense calls 2 key witnesses to testify on motion to compel

0

MOSCOW, Idaho — Bryan Kohberger appeared back in court Thursday, with the defense team calling multiple witnesses in hopes of collecting more information about his cell phone data.

The first witness the defense called to the stand was Moscow Police Department lead detective Brett Payne.

Payne spoke about his investigation, which he conducted in tandem with the FBI and other experts to create a proposed map showing a probable route taken by Kohberger.

He explained to the defense that over 70 businesses in the area had turned over surveillance and that his search warrants can be traced back to experts who helped author the warrants with supportive research.

Kohberger’s defense team questioned how they could obtain the video surveillance that Payne was referring to, and he pointed to the FBI and other departments within the police department for collection.

One of the businesses in question for surveillance is the Red Star Coffee Company, which is located on the western side of Moscow along the suspected route.

The second witness the defense called to the stand was Sy Ray, a consulting and cellphone data evaluation expert who provided his opinion on the cellphone data that AT&T provided.

In his years of experience, he has worked with AT&T records hundreds of times over the last 28 years, but this is his first time testifying in Idaho and on a defense team.

In this specific case, he found that 2-3% of the information was missing from the AT&T report, specifically along Pullman Road.

The State argued in response that the report Ray referred to was not the final report they intend to use because they have not yet received it.

Ray testified that there are over 500,000 data plots in the report that will contribute to the final report and urged AT&T to complete the report.

He pointed specifically to missing data in the drafted report, noting that information from the crime scene property and along Pullman Road was missing.

After Ray took the stand, the defense requested that the court order the state and the different agencies involved such as MPD, the FBI and AT&T to provide the information.

In a heated exchange between the defense and Judge John Judge, they discussed the judge’s power to order evidence to be turned over.

The defense also claimed that the state is withholding evidence they desperately need to prepare for trial and that this will further delay the trial date.

In response, the state claimed they have handed over thousands of files, videos, photos, audio, and other evidence that the defense has access to.

They added that they still do not have access to the final report the defense is requesting and have been responsive in handing over evidence throughout the entire case.


 

FOX28 Spokane©