WTAF: Defense Seeks Shocking Dismissal In Bryan Kohberger Murder Case

Written By BlabberBuzz | Sunday, 30 July 2023 02:45 AM
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WTAF: Defense Seeks Shocking Dismissal In Bryan Kohberger Murder Case

Attorneys representing Bryan Kohberger, the individual charged with the murder of four University of Idaho students last year, have submitted a request to the court seeking the dismissal of the indictment against their client.

In a court filing on Tuesday, the defense lawyers argued that the grand jury had been "misled regarding the standard of proof required for an indictment." They contended that the Idaho state Constitution establishes the standard of proof for a grand jury as beyond a reasonable doubt.

The filing further stated that the grand jury had been "erroneously instructed" on the standard of proof required for a presentment, which necessitates a preliminary hearing.

"The failure to provide proper instructions to the grand jury regarding the standard of proof constitutes grounds for the dismissal of the indictment," the filing asserted.

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Former federal prosecutor Neama Rahmani, in an interview with Fox News Digital, dismissed the defense's motion as "another frivolous defense motion." Rahmani clarified that the standard of proof at the grand jury or preliminary hearing stage is probable cause, not beyond a reasonable doubt.

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"Kohberger's lawyers are filing every possible motion to create an appellate issue," Rahmani stated. "They are aware that they have a greater chance of having a death sentence overturned on appeal than convincing a jury qualified for the death penalty to return a guilty verdict and impose the death sentence."

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Kohberger, who was pursuing a graduate degree in criminology at Washington State University, stands accused of stabbing Ethan Chapin, 20; Madison Mogen, 21; Xana Kernodle, 20; and Kaylee Goncalves, 21, on November 13 in an off-campus residence, according to authorities.

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He now faces charges of burglary and four counts of first-degree murder. The motive behind the killings has not been disclosed by authorities. In May, a judge entered not guilty pleas on Kohberger's behalf.

According to court documents, Kohberger allegedly surveilled the King Road rental home on twelve occasions prior to the murders and returned once more hours after the killings but before the arrival of law enforcement.

A six-week trial is scheduled to commence on October 2.

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