Could Kohberger Walk If Judge Dismisses Charges?
Aug 29, 2023, 07:00 PM
In the latest episode of the acclaimed podcast "Hidden Killers," host Tony Brueski sat down with former FBI Special Agent and contributor Jennifer Coffindaffer to unpack the latest developments surrounding the contentious Brian Kohberger trial.
Brian Kohberger, the subject of much media scrutiny, has been facing a series of defense motions, one of which seeks to overturn the grand jury indictment on four significant claims. These range from allegations of biased grand jurors to prosecutorial misconduct. While the public awaits conclusive decisions on these motions, Coffindaffer shared insight into the trajectory of the trial and potential future outcomes.
If the judge does find grounds to dismiss the case based on the defense’s claims, Coffindaffer clarified a common misconception. "Suddenly Kohberger walks," she stated, "is not the case. He still sits in jail based on the probable cause decided upon by the judge pursuant to the initial criminal complaint." This would then lead to the convening of a new grand jury to correct any prior oversights.
In one of the more intriguing turns in the trial, Kohberger's defense is expected to provide evidence regarding an alibi. However, Coffindaffer expressed skepticism about the defense's ability to offer any substantive evidence. "Based on the fact, I don't think they have anything," she remarked. "If they did have something, they would've already presented it."
The trial also witnessed an unusual situation involving the defense's expert witnesses. During one of the hearings, a total of four expert witnesses were brought forward, a tactic that raised eyebrows. The defense's late introduction of these witnesses and their failure to provide comprehensive Curriculum Vitaes in a timely manner was met with apprehension. Coffindaffer noted the judge's leniency, "In the abundance of caution, this judge is going to allow a lot of leeway," suggesting that the judge’s primary concern is to prevent any cause for appeals.
The most significant revelation from the hearing was expert witness Ms. Vargas' subsequent retraction of parts of her testimony. Vargas also allegedly admitted to not reading the entirety of a declaration she signed. Brueski highlighted the unusual nature of such a development, saying, "It just seems very bizarre."
Coffindaffer concurred, emphasizing that such a move is essentially career-ending for an expert witness. She pointed out, "I can't imagine any excuse for either saying something on the stand that you now renounce or if you signed something that you didn't read that didn't contain your expert opinions."
There was also an undertone of sarcasm when discussing the quality and relevancy of some of the defense's chosen experts. "They called an attorney who just has experience litigating cases involving DNA," Coffindaffer said, emphasizing that the defense team already had such expertise in-house. The inclusion of a botanist-turned-self-taught-DNA-expert and the reliance on Vargas, who later recanted her statement, painted a picture of a defense team struggling to find credible experts willing to take their position.
Brueski humorously alluded to the situation by joking, "We have Samantha2468 from TikTok. She's coming on here. She's been following this from the beginning, and she thinks you are innocent."
The episode offered a detailed look into the unfolding legal drama surrounding Brian Kohberger. With the next phase of the trial set for September 8th, all eyes are on the defense's next move and the court's decisions. Whether the defense's tactics are strategic or signs of desperation remains to be seen.
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The latest on Catching the Long Island Serial Killer, Chad & Lori Daybell, The Murder of Ana Walshe, Alex Murdaugh, Bryan Kohberger, Lucy Letby, Kouri Richins, Justice for Harmony Montgomery, The Murder of Stephen Smith, The Murder of Madeline Kingsbury, and much more! Listen at https://www.truecrimetodaypod.com
Brian Kohberger, the subject of much media scrutiny, has been facing a series of defense motions, one of which seeks to overturn the grand jury indictment on four significant claims. These range from allegations of biased grand jurors to prosecutorial misconduct. While the public awaits conclusive decisions on these motions, Coffindaffer shared insight into the trajectory of the trial and potential future outcomes.
If the judge does find grounds to dismiss the case based on the defense’s claims, Coffindaffer clarified a common misconception. "Suddenly Kohberger walks," she stated, "is not the case. He still sits in jail based on the probable cause decided upon by the judge pursuant to the initial criminal complaint." This would then lead to the convening of a new grand jury to correct any prior oversights.
In one of the more intriguing turns in the trial, Kohberger's defense is expected to provide evidence regarding an alibi. However, Coffindaffer expressed skepticism about the defense's ability to offer any substantive evidence. "Based on the fact, I don't think they have anything," she remarked. "If they did have something, they would've already presented it."
The trial also witnessed an unusual situation involving the defense's expert witnesses. During one of the hearings, a total of four expert witnesses were brought forward, a tactic that raised eyebrows. The defense's late introduction of these witnesses and their failure to provide comprehensive Curriculum Vitaes in a timely manner was met with apprehension. Coffindaffer noted the judge's leniency, "In the abundance of caution, this judge is going to allow a lot of leeway," suggesting that the judge’s primary concern is to prevent any cause for appeals.
The most significant revelation from the hearing was expert witness Ms. Vargas' subsequent retraction of parts of her testimony. Vargas also allegedly admitted to not reading the entirety of a declaration she signed. Brueski highlighted the unusual nature of such a development, saying, "It just seems very bizarre."
Coffindaffer concurred, emphasizing that such a move is essentially career-ending for an expert witness. She pointed out, "I can't imagine any excuse for either saying something on the stand that you now renounce or if you signed something that you didn't read that didn't contain your expert opinions."
There was also an undertone of sarcasm when discussing the quality and relevancy of some of the defense's chosen experts. "They called an attorney who just has experience litigating cases involving DNA," Coffindaffer said, emphasizing that the defense team already had such expertise in-house. The inclusion of a botanist-turned-self-taught-DNA-expert and the reliance on Vargas, who later recanted her statement, painted a picture of a defense team struggling to find credible experts willing to take their position.
Brueski humorously alluded to the situation by joking, "We have Samantha2468 from TikTok. She's coming on here. She's been following this from the beginning, and she thinks you are innocent."
The episode offered a detailed look into the unfolding legal drama surrounding Brian Kohberger. With the next phase of the trial set for September 8th, all eyes are on the defense's next move and the court's decisions. Whether the defense's tactics are strategic or signs of desperation remains to be seen.
Want to listen to ALL of our podcasts AD-FREE? Subscribe through APPLE PODCASTS, and try it for three days free: https://tinyurl.com/ycw626tj
Follow Our Other Cases: https://www.truecrimetodaypod.com
The latest on Catching the Long Island Serial Killer, Chad & Lori Daybell, The Murder of Ana Walshe, Alex Murdaugh, Bryan Kohberger, Lucy Letby, Kouri Richins, Justice for Harmony Montgomery, The Murder of Stephen Smith, The Murder of Madeline Kingsbury, and much more! Listen at https://www.truecrimetodaypod.com