Should Kohberger's Judge Have Higher Standards for Expert Witnesses?

Sep 05, 2023, 01:00 PM

In a recent episode of the "Hidden Killers" podcast, Tony Brueski and retired FBI Special Agent Robin Dreeke discussed the importance of expert witnesses in cases like that of the Kohberger trial. Dreeke emphasizes that in a case where the defendant, Kohberger, does not have any witnesses to support his timeline, the credibility of the prosecution’s expert witnesses is paramount.
 
 Brueski and Dreeke delved into the complexities of determining an expert witness’s credibility, discussing the case of Gabriela Vargas, a self-taught genetic genealogist who began working on cases in 2018. She was recently visited by the FBI, raising questions about her testimony's accuracy and credibility. Dreeke explains that an expert witness must demonstrate "reps" or repetitions in their given field, and the prosecution and defense must agree on their expertise, as must the judge.
 
 Dreeke suggests that Vargas's lack of a professional background and possible issues with her testimony may be reasons for the FBI's visit. He further elaborates that a judge, prosecution, and defense should meticulously assess an expert witness’s qualifications, repetitions, and presentation skills before they testify.
 
 Additionally, the defense filed a motion claiming that the press's failure to follow court directives regarding photography and recording interferes with Kohberger’s right to a fair trial. Dreeke agrees with the defense, as Kohberger’s appearance does not exude openness or agreeableness, which could negatively influence the jury. He suggests that the defense could negate this impact by explaining Kohberger's contemplative nature to the jury.
 
 Dreeke concludes by conjecturing that Kohberger, whether guilty or not, is likely contemplating ways to defend his life as if it were a science experiment. This analysis highlights the importance of carefully selecting expert witnesses and the potential implications of their credibility on a defendant's right to a fair trial.

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