Can a deeper dive into DNA evidence and body language foretell the fate of a murder suspect? This is the question that unfolded in the latest episode of the podcast "Hidden Killers," where host Tony Brueski and trial consultant and body language expert Susan Constantine delve into the complexities surrounding the Bryan Kohberger case.
In a significant ruling, the judge in the Kohberger case rejected the defense's motion to dismiss charges due to minor errors in jury instructions. Yet, what the defense succeeded in obtaining could alter the course of the trial: a thorough examination of the genetic genealogy evidence against Kohberger during discovery. This move prompts Brueski to question, "Is there anything in this that they can take a look at and say, 'yeah, this doesn't really add up the way that you gathered it,' and could it affect the case?"
Constantine's expertise sheds light on the implications of such a strategy. "This genetic genealogy stuff is powerful," she acknowledges, referencing a personal anecdote about the unexpected discovery of a friend's grandson to illustrate its impact. However, she warns of the potential backfire, emphasizing the "slippery slope" Kohberger's defense might find themselves on if they uncover evidence that reinforces the prosecution's case.
Indeed, the defense's approach is audacious, as Constantine credits Kohberger's attorney with leaving "no stone unturned." But this begs the question, at what risk? "It seems like maybe a place you don't want to go shining your flashlight around if you're the defense," Brueski interjects, highlighting the dangers of bringing unwanted evidence to light.
Constantine's insights extend beyond the DNA evidence. Her analysis of Kohberger's body language in recent court appearances reveals a shift in his demeanor. "He's feeling a little more comfortable, isn't he? Seems like it," she observes. Notably, she points out Kohberger's "steeple" gesture—a sign of confidence—which is a departure from his previous courtroom behavior. She interjects, "The higher the steeple, the higher the confidence."
The expert further decodes Kohberger's nonverbal cues, noting a suspicious look "off to the corner of his eye" during the proceedings. This synchronization of physical gestures with the timing of statements can be telling of an individual's internal processes, according to Constantine.
As the conversation progresses, the topic shifts to the ethical boundaries of coaching a defendant on body language. Constantine firmly opposes such practices, stating, "I've never coached... I've done witness prep... but never to the point where [I instruct them], 'when she says this, I want you to do that.'"
The discussion circles back to Kohberger's evolving courtroom presence. Constantine contrasts his initial interactions—avoiding eye contact, a sign of his antisocial tendencies—with his now more assured stance, attributing it to a sense of "getting some wins," which may be boosting his confidence.
While Kohberger's defense might interpret these developments as positive, Brueski remains skeptical, implying that any so-called victories are pyrrhic at best, given the gravity of the accusations.
The episode closes with a poignant reflection by Brueski and Constantine on the weight of evidence and the human element within the justice system. Constantine's years of experience have taught her to be selective about the cases she involves herself in, particularly steering clear of "horrible heinous murder cases" and "child molestation" unless unequivocal evidence of innocence is presented.
So, what does Kohberger's newfound courtroom confidence truly signify? And as the defense peers into the genetic genealogy that led to his arrest, might they uncover their own Pandora's box of irrefutable evidence? These are the questions that "Hidden Killers" leaves its audience contemplating, as the legal battle over Bryan Kohberger's fate continues to unfold.
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