Former Prosecutor On How Long It Will Take For Kohberger To Go To Trial
Sep 05, 2023, 11:00 PM
Bryan Kohberger has chosen to waive his right to a speedy trial, a decision that has implications for how his case will progress. As Laurie Gilbertson, a former prosecutor, explains in the podcast 'Hidden Killers' with Tony Brueski, this move by the defense is unsurprising but unusual, as it comes with a host of potential consequences and advantages for both sides. Gilbertson provides a detailed insight into the potential legal strategies and ramifications of this decision, in a case involving multiple murders and a potential death penalty.
Kohberger's decision to waive a speedy trial means that there is now no specific time frame in which the trial must commence. As Gilbertson notes, this waiver of speedy trial for an indefinite period is unusual, although understandable in a case with such high stakes. Both the defense and prosecution must be adequately prepared for a fair trial, and this decision provides both sides with additional time to prepare their cases.
However, this decision does not come without its challenges. As Gilbertson highlights, an indefinite delay can lead to witnesses forgetting key details, and can prolong the agony for the victims' families who are seeking closure and justice. Despite this, she suggests that the delay is more advantageous for the defense, as the community and public, represented by the prosecution, are also entitled to a speedy trial. The judge must balance these concerns carefully, and ensure that the case does not drag on unnecessarily.
While the waiver of a speedy trial removes certain time constraints, it does not absolve either side of their obligations. Both the prosecution and defense must continue to file motions, and the judge must hold necessary hearings. As Gilbertson emphasizes, despite the waiver, the judge must maintain a tight schedule, and ensure that frivolous motions are not tolerated. The defense, for example, must still provide any evidence they intend to present, such as an alibi, and the prosecution must turn over any exculpatory evidence.
Ultimately, the speed of the trial proceedings rests with the judge, who has the authority to set the schedule and determine when the trial will commence. While the waiver of a speedy trial removes the obligation to start the trial within a certain time frame, it does not mean that the trial can be delayed indefinitely. Gilbertson stresses that this would be unfair to the prosecution, the public, and the community, and the judge must consider this in their decision-making.
In death penalty cases, there is often heightened due process due to the severity of the potential outcome. This may result in the defense and prosecution being granted more time to prepare their cases, despite the legal requirement for all cases to be treated equally. As Gilbertson notes, while every criminal case must be proven beyond a reasonable doubt, and all parties are entitled to due process, the potential consequences in death penalty cases often necessitate additional time for preparation.
As the Kohberger case progresses, the decision to waive the speedy trial will have significant implications for all parties involved. It will be crucial for the judge to maintain a fair and tight schedule, balancing the needs of both the defense and the prosecution, while also considering the impact on the community and the victims' families. Gilbertson's insights provide a valuable perspective on the legal strategies and considerations involved in such high-stakes cases.
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The latest on Catching the Long Island Serial Killer, Awaiting Admission: BTK’s Unconfessed Crimes, 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
Kohberger's decision to waive a speedy trial means that there is now no specific time frame in which the trial must commence. As Gilbertson notes, this waiver of speedy trial for an indefinite period is unusual, although understandable in a case with such high stakes. Both the defense and prosecution must be adequately prepared for a fair trial, and this decision provides both sides with additional time to prepare their cases.
However, this decision does not come without its challenges. As Gilbertson highlights, an indefinite delay can lead to witnesses forgetting key details, and can prolong the agony for the victims' families who are seeking closure and justice. Despite this, she suggests that the delay is more advantageous for the defense, as the community and public, represented by the prosecution, are also entitled to a speedy trial. The judge must balance these concerns carefully, and ensure that the case does not drag on unnecessarily.
While the waiver of a speedy trial removes certain time constraints, it does not absolve either side of their obligations. Both the prosecution and defense must continue to file motions, and the judge must hold necessary hearings. As Gilbertson emphasizes, despite the waiver, the judge must maintain a tight schedule, and ensure that frivolous motions are not tolerated. The defense, for example, must still provide any evidence they intend to present, such as an alibi, and the prosecution must turn over any exculpatory evidence.
Ultimately, the speed of the trial proceedings rests with the judge, who has the authority to set the schedule and determine when the trial will commence. While the waiver of a speedy trial removes the obligation to start the trial within a certain time frame, it does not mean that the trial can be delayed indefinitely. Gilbertson stresses that this would be unfair to the prosecution, the public, and the community, and the judge must consider this in their decision-making.
In death penalty cases, there is often heightened due process due to the severity of the potential outcome. This may result in the defense and prosecution being granted more time to prepare their cases, despite the legal requirement for all cases to be treated equally. As Gilbertson notes, while every criminal case must be proven beyond a reasonable doubt, and all parties are entitled to due process, the potential consequences in death penalty cases often necessitate additional time for preparation.
As the Kohberger case progresses, the decision to waive the speedy trial will have significant implications for all parties involved. It will be crucial for the judge to maintain a fair and tight schedule, balancing the needs of both the defense and the prosecution, while also considering the impact on the community and the victims' families. Gilbertson's insights provide a valuable perspective on the legal strategies and considerations involved in such high-stakes cases.
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, Awaiting Admission: BTK’s Unconfessed Crimes, 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