Attorney Neama Rahmani On Latest Claims From Kohberger Defense
Aug 01, 2023, 11:00 PM
In a recent episode of the podcast "Hidden Killers," host Tony Brueski discussed the ongoing legal case concerning Bryan Kohberger with attorney and former Federal prosecutor Neama Rahmani. Kohberger's defense lawyers have been causing ripples within the legal sphere by filing a motion to dismiss his indictment, arguing that the grand jury was misled concerning the standard of proof required for an indictment.
"They say the grand jury should have been informed. By the standard of proof required for an indictment would be beyond a reasonable doubt," Brueski relayed. This erroneous claim posits the defense misled the grand jury into operating under a lower bar - the standard of proof required for a pre-sentiment, which merely requires reasonable ground for believing the defendant had committed the alleged offense. This misinstruction, they argue, is a violation significant enough to warrant a dismissal of the indictment.
However, Rahmani disagreed, arguing that this is a somewhat desperate attempt by the defense to set up an appellate issue down the line, especially given the severity of the death penalty cases involved. "It's a grand jury, right? The standard is probable cause. It's not a re beyond a reasonable doubt," Rahmani noted. "The defense, their appellate lawyers who are working on the case right now, [are] putting up those legal roadblocks. But this. The argument has really no legal merit."
The discussion between the two experts then transitioned to the mysterious 'alibi' put forth by Kohberger's defense. The defense vaguely alluded to an alibi but failed to provide concrete details. The hosts found this suspicious and dubious, especially since, as Rahmani pointed out, "if there was an actual alibi witness...that would've leaked by now."
Further, Rahmani predicted that the defense would likely attack the cell site evidence linking Kohberger's phone to the crime scene in Washington state and Idaho. The defense could potentially argue that the timing of the phone pings was off or that Kohberger's phone was not in the vehicle observed near the crime scene.
Rahmani also shared his thoughts on the defense's assertions that the DNA evidence might have been planted at the crime scene, doubting that this claim would be convincing to potential jurors in Moscow, Idaho. He posited that a better argument might be to claim that the DNA was transferred, as there was only a single source of DNA found at the scene, and multiple people had been coming and going from the crime scene, which was also a party house.
As the trial proceeds, legal experts and podcast listeners alike will be closely watching the defense's maneuvers. These legal twists and turns, while controversial, add layers of intrigue to an already gripping case. It remains to be seen how the courts and jurors will respond to these arguments in what is fast becoming one of the most significant trials of the year.
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The latest on Catching the Long Island Serial Killer, 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
"They say the grand jury should have been informed. By the standard of proof required for an indictment would be beyond a reasonable doubt," Brueski relayed. This erroneous claim posits the defense misled the grand jury into operating under a lower bar - the standard of proof required for a pre-sentiment, which merely requires reasonable ground for believing the defendant had committed the alleged offense. This misinstruction, they argue, is a violation significant enough to warrant a dismissal of the indictment.
However, Rahmani disagreed, arguing that this is a somewhat desperate attempt by the defense to set up an appellate issue down the line, especially given the severity of the death penalty cases involved. "It's a grand jury, right? The standard is probable cause. It's not a re beyond a reasonable doubt," Rahmani noted. "The defense, their appellate lawyers who are working on the case right now, [are] putting up those legal roadblocks. But this. The argument has really no legal merit."
The discussion between the two experts then transitioned to the mysterious 'alibi' put forth by Kohberger's defense. The defense vaguely alluded to an alibi but failed to provide concrete details. The hosts found this suspicious and dubious, especially since, as Rahmani pointed out, "if there was an actual alibi witness...that would've leaked by now."
Further, Rahmani predicted that the defense would likely attack the cell site evidence linking Kohberger's phone to the crime scene in Washington state and Idaho. The defense could potentially argue that the timing of the phone pings was off or that Kohberger's phone was not in the vehicle observed near the crime scene.
Rahmani also shared his thoughts on the defense's assertions that the DNA evidence might have been planted at the crime scene, doubting that this claim would be convincing to potential jurors in Moscow, Idaho. He posited that a better argument might be to claim that the DNA was transferred, as there was only a single source of DNA found at the scene, and multiple people had been coming and going from the crime scene, which was also a party house.
As the trial proceeds, legal experts and podcast listeners alike will be closely watching the defense's maneuvers. These legal twists and turns, while controversial, add layers of intrigue to an already gripping case. It remains to be seen how the courts and jurors will respond to these arguments in what is fast becoming one of the most significant trials of the year.
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, 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