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Bryan Kohberger’s Lawyers To Make Bold but Rarely Successful Legal Move in Idaho Murder Case

Gary Ray by Gary Ray
October 26, 2023
in US
0
Bryan Kohberger’s Lawyers To Make Bold but Rarely Successful Legal Move in Idaho Murder Case

Screenshot / YouTube, Law&Crime Network, Cropped by Resist the Mainstream

Bryan Kohberger, the University of Washington doctoral student accused of murdering four University of Idaho Students will reportedly attempt to have his case dismissed on Thursday.

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Attorneys representing Kohberger will make their case to dismiss charges at two separate hearings.

Kohberger reportedly murdered four students while they slept in their off-campus three-story apartment complex in Moscow, Idaho.

The victims are Kaylee Goncalves, 21; Madison Mogen, 21; Xana Kernodle, 20; and Kernodle’s boyfriend, Ethan Chapin, 20. Each student was stabbed multiple times at approximately 4 a.m. on November 13.

Legal experts report the legal move is common but rarely successful. .

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Back to Idaho. #bryankohberger is back in court tomorrow as the Judge will hear motion to dismiss based on error in grand jury instructions #idaho4 pic.twitter.com/maqCqf3tcy

— ⚡Publicly Buzzed⚡ (@PubliclyBuzzed) October 25, 2023

Attorneys for Kohberger will reportedly argue the case should be dismissed because of grand jury bias, “inadmissible” and insufficient evidence and prosecutorial misconduct.

Kohberger was arrested at his parent’s home in Pennsylvania approximately seven weeks after the murders.

Many have painted Kohberger as an intelligent socially awkward, monster. Fox News noted that legal experts are referring to Kohberger’s motion to dismiss claims as “a stench.”

David Gelman, a criminal defense attorney and former prosecutor told Fox News: “The motion to dismiss is a move that every defense attorney makes prior to trial. This is a ‘Hail Mary’ attempt by the defense attorneys and an effort to create more appellate issues if Kohberger is convicted and sentenced to death.”

Gelman added: “If an attorney doesn’t make this motion, regardless if it has merit or not, they are pretty much committing malpractice.”

Neama Rahmani, a Los Angeles-based trial lawyer and federal prosecutor agreed with Gelman and told Fox: “The defense motion raises meritless arguments and has no chance of success.”

Judge John Judge will render a decision on the motion. One of the two hearings will be behind closed doors.

#BryanKohberger is scheduled to be back in court tomorrow. 2 separate hearings on the indictment.

1st hearing on inadmissible evidence, insufficient evidentiary support & pros misconduct will take place at 9:30am. It is CLOSED to the public.

2nd hearing is at 1pm & it is open. pic.twitter.com/WOEz0IGTxO

— J. (@jsleuthing0) October 25, 2023

Few believe either motion will be approved. Attorney Edwina Elcox said: “They will have to present real, concrete evidence to the judge that there is a legitimate challenge to the grand jury that was empaneled and the actual grand jury proceedings. Legal conjecture and theory will not suffice.”

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