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

When I walked into the Latah County Courthouse on Friday, I didn't think the defense's chances of getting all of the investigative genetic genealogy discovery they are asking for were very good. While parts of the process, like the development of the SNP profile, seem to fit within the discovery rule as scientific examinations, other parts, like the creation of the family tree, do not. IGG raises interesting privacy considerations but I did not think the defense did a good job in the briefing of previewing what the constitutional arguments would be if the State did, in fact, access genetic profiles of people who had opted out of law enforcement matching. However, evidence presented at the hearing as well as some of Judge Judge's comments from the bench have led me to believe the motion has a good chance of being granted.

00:00 Intro
00:44 Why the State's argument is hard to overcome
01:23 Problems with the defense argument about the targeted investigation
03:05 Problems with the defense argument about suppression
08:11 Why the statistical evidence was the game-changer for me
13:14 How Judge Judge tipped his hand

Bonus reading:

State's Motion for Protective Order: https://s3.us-west-2.amazonaws.com/isc.coi/CR29-22-2805/061623+States+Motion+for+Protective+Order.pdf

Defendant's Third Motion to Compel: https://s3.us-west-2.amazonaws.com/isc.coi/CR29-22-2805/062323+Defendants+Third+Motion+to+Compel+Discovery.pdf

Declaration of Anne Taylor: https://s3.us-west-2.amazonaws.com/isc.coi/CR29-22-2805/062323+Declaration+of+Anne+C+Taylor+in+Support+of+Defendants+Third+Motion+to+Compel.pdf

Declaration of Bicka Barlow: https://s3.us-west-2.amazonaws.com/isc.coi/CR29-22-2805/062323+Notice+of+Filing+Declaration+of+Bicka+Barlow+in+Support+of+Def+Third+Motion+to+Compel.pdf

Declaration of Stephen Mercer: https://s3.us-west-2.amazonaws.com/isc.coi/CR29-22-2805/062323+Notice+of+Filing+Declaration+of+Stephen+B+Mercer+in+Support+of+Def+Third+Motion+to+Compel.pdf

Defendant's Objection to State's Motion for Protective Order: https://s3.us-west-2.amazonaws.com/isc.coi/CR29-22-2805/062323+Objection+to+States+Motion+for+Protective+Order.pdf

State's Response to Third Motion to Compel: https://s3.us-west-2.amazonaws.com/isc.coi/CR29-22-2805/070523+States+Response+to+Defendants+Third+Motion+to+Compel+Discovery.pdf

State's Reply in Support of Motion for Protective Order: https://s3.us-west-2.amazonaws.com/isc.coi/CR29-22-2805/071423+Reply+In+Support+of+Motion+for+Protectiive+Order.pdf

Declaration of Leah Larkin: https://s3.us-west-2.amazonaws.com/isc.coi/CR29-22-2805/080923-Notice-Filing-Affidavit-Leah-Larkin-Support-Defendants-3rd-Motion-Compel.pdf