Will Bryan Kohberger Receive A Fair Trial?

The ongoing Bryan Kohlberger case has recently entered a new phase, with an increasing number of motions being filed by both sides. One particular issue that has come under scrutiny is the presence of cameras in the court, with some of the filings specifically mentioning inappropriate focus on Kohberger's crotch. Defense Attorney Bob Motta, host of the podcast Defense Diaries, recently shared his thoughts on this and other aspects of the case on the "Hidden Killers" podcast with Tony Brueski.

Motta explained that with the removal of the speedy trial demand, both the state and defense have been under less pressure, allowing them to fully engage in traditional motion work. This involves going through all discovery materials and deciding whether to file motions such as motions to suppress or quash. However, Motta pointed out that the recent motion work is just a fraction of what is expected in a death penalty case like this one.

On the camera issue, Motta predicted that the judge might limit pretrial coverage to avoid tainting the jury pool, a known problem in high-profile cases. Some lawyers in the area believe that the trial should not be moved to a different venue, and Motta agreed, noting that in Idaho, changing the venue would not involve changing the prosecutor or judge, only the location. He also mentioned that importing a jury might be a more cost-efficient and logistically feasible option given the massive undertaking of transporting evidence.

While discussing the trial proceedings, Motta emphasized the importance of getting it right the first time to avoid putting the victims' families through the ordeal again. This involves both sides agreeing to a fair trial, which could involve importing a jury from a different county.

As for the recent scheduling hearing, two motions to dismiss the indictment were scheduled for September 22nd. The first motion alleges a biased grand jury, inadmissible evidence, lack of sufficient evidence to prosecute, and prosecutorial misconduct. Although this motion will be sealed, Motta predicted that both motions would ultimately be denied. The second motion, which will be open to the public, involves a legal argument regarding the Idaho Constitution's language on the standard required to bind someone over for trial. The defense argues that the constitution requires a "beyond a reasonable doubt" standard, while the Supreme Court of Idaho's criminal rules specify a "probable cause" standard.

Motta shared his belief that the defense attorney had been waiting for an opportunity to litigate this constitutional argument, which could have far-reaching implications if successful. However, he clarified that even if the motions were granted, Kohlberg would not be released; the prosecution would likely simply re-indict him.

Overall, the Kohberger case continues to evolve with various legal intricacies and challenges that will likely have a significant impact on the final outcome. As both sides prepare for the upcoming hearings, it remains to be seen how the court will address these complex issues and move forward towards a resolution that ensures justice for all parties involved.
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