Does He Or Does He Not Have An Alibi?

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Hoffman said Kim, 30, spent the morning making online stock trades via Ameritrade, then went shopping with his father at a local Circuit City.

In her court memorandum, Hoffman also said Kim's alibi is backed up by his family and Ameritrade records - as well as a surveillance video and receipt detailing the Circuit City trip.

But Multnomah County District Attorney Michael Schrunk argued that the alibi is a weak one.

In his affidavit, Schrunk said the drive to Corvallis to Tigard is only about an hour and 20 minutes.

He also said that the stock trades were done on the computer of Kim's sister, Jung Kim, and that she has refused to take a polygraph test.

Schrunk said the first confirmed appearance of Kim at Circuit City was at 12:42 p.m. - nearly three hours after Wilberger disappeared.

The district attorney said that there is "significant evidence tending to connect" Kim with Wilberger's disappearance. "The defendant does not have an iron-clad alibi," he said.

Kim has been charged with stealing thousands of pairs of women's underwear from college dormitories in three Oregon counties, but has pleaded innocent. He is being held in Multnomah County on $10 million bail.

Schrunk said Kim stole women's underwear in late April or early May from the laundry room of the apartment complex where Wilberger was last seen. Dryer lint from that apartment complex was found at Kim's home.

According to the affidavit, that lint was labeled with the name of Lynsey Foree, a student at nearby Oregon State University who frequented the apartments and was scheduled to move into the complex in late May.

Schrunk said Kim had a copy of Foree's picture and biographical information in his computer, adding that she bears a resemblance to the missing Brigham Young University student.

[mysticsnowangel]

The documents, filed by Kim's lawyers, Janet Lee Hoffman and Joseph O'Leary, claim that Kim was in the Portland area the day Brooke Wilberger disappeared from an apartment complex in Corvallis.

Hoffman and O'Leary provide evidence that Kim made an online transaction through Ameritrade at 11:14 a.m. on May 24 from his home in Tigard, where he lives with his parents and sister.

Wilberger was reported missing in Corvallis at 10:30 a.m. that day. Kim's lawyers argue it would be impossible for their client to have been in Corvallis at that time, as it is an approximately one and a half hour drive from Portland.

The lawyers have provided computer records proving the time of Kim's online transaction, and also conducted interviews with his parents and sister, stating that no one else had access to his login name and password.

Hoffman and O'Leary also included a sales receipt from a Tigard Circuit City store, where Kim claims he and his father went shopping that afternoon. The sales receipt - which shows the sale and immediate return of a laptop computer - is time stamped at 1:11 p.m on May 24.

The store also has security camera tapes from the date and time in question, but will not release them without a court-ordered subpeona.

In addition, Hoffman and O'Leary also submitted transcripts from interviews with each family member, stating that Kim was home all morning, as well as testimony from a friend of Kim's sister, who spoke to him on the phone around noon on May 24.

The woman's phone company will not release a printout of her phone record, but confirmed verbally that she called the Kim residence at 12:10 p.m. that day.

At 12:10 p.m., according to a document filed by Hoffman, a nursing student phoned Kim's house to speak with Jung Kim. But the woman instead reached Sung Koo Kim, according to the woman's statement to a private investigator hired by the defendant.

Sixty-one minutes later, according to a sales receipt filed with Hoffman's court memo, Kim's father, Joo, purchased a laptop computer at Circuit City in Tigard. Joo and Sung Koo Kim went to the store together about 12:30 p.m. and were recorded by surveillance video as they conducted the transaction, Hoffman wrote.

This information had previously been made available to Benton County officials ever since Kim was listed as a person of interest in Wilberger's disappearance, according to the memorandum from Hoffman and O'Leary.

Kim also voluntarily took and passed a polygraph test stating he did not abduct or have any contact with Wilberger.