The case against Brian Kohberger is steadily becoming more complicated with each passing day as it becomes evident that a speedy trial is no longer a possibility. Neama Rahmani, an attorney and former federal prosecutor, joined Tony Brueski on the "Hidden Killers" podcast to discuss the intricacies of the case and the strategies employed by the defense.
Despite the defense waiving their right to a speedy trial from the very beginning, Rahmani indicated that the appellate lawyers and law and motion folks are already actively involved in the case, with various motions being filed to dismiss the indictment. Though he hasn't seen the memorandum in support of the motion, as it was filed under seal, Rahmani expressed doubt that the motion would succeed. Nevertheless, he emphasized that it represents an additional appellate issue that the state and federal appellate judges will need to examine.
Rahmani pointed out that while the speedy trial is the defendant's right, the fact that Kohberger is in custody means that the judge is more likely to grant the defense the extra time they request for preparation. The defense has indicated that they will be raising 24 issues during an upcoming hearing with the judge, including biased grand jurors, inadmissible evidence, lack of evidence, and prosecutorial misconduct. Rahmani considers it highly unlikely that the indictment will be dismissed based on these arguments, but acknowledges that the defense is employing a "kitchen sink approach," throwing everything out there in the hopes that something will stick.
One particularly notable motion expected to be raised soon is an attempt by Kohberger's lawyer, Anne Taylor, to take the death penalty off the table. Rahmani indicated that while it would usually be too early to argue this point, a similar motion was successful in the Lori Vallow case, leading him to believe that it's not entirely out of the question. He explained that in a capital case like this one, securing a life sentence instead of the death penalty would be considered a win by the defense.
As for the timeline of the trial, Rahmani predicts that it will likely take place sometime in 2024, though nothing is certain. The defense will need ample time to prepare, especially considering the amount of scientific evidence involved, including DNA, cell site data, and video surveillance. Experts will need to be lined up for both the guilt phase and the potential penalty phase of the trial, and the defense will need to present mitigating factors that might spare Kohberger's life.
Ultimately, Rahmani emphasizes that these cases are incredibly difficult to defend, especially when there is a lot of publicity surrounding them. The judge is expected to give the defense a lot of leeway in their preparations, but only time will tell how the case will unfold.
In conclusion, the case against Brian Kohberger continues to develop, with the defense employing a variety of strategies in an attempt to secure the best possible outcome for their client. While it remains uncertain how successful these strategies will be, it is clear that the defense is leaving no stone unturned in their efforts to defend Kohberger. With the trial expected to occur in 2024, there is still a long road ahead for all parties involved.
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