Jennifer Coffindaffer On Importance Of Defense Access To DNA In Kohberger Case

Episode 21,   Aug 21, 2023, 05:00 PM

In the recent installment of the podcast "Hidden Killers," host Tony Brueski delved deep into the Brian Kohberger case, exploring the twists and turns related to the defense motions argued on Friday. These motions are tied to the defense's request for the state to disclose specific DNA profiles, a potentially groundbreaking turn in the case. Offering expert insight on the topic was former FBI Special Agent and daily contributor to "Hidden Killers," Jennifer Coffindaffer.
 
 Brueski started by highlighting the implications of the defense's request, both if granted or denied. On this topic, Coffindaffer remarked, "If the defense is allowed access to all of those profiles, they are going to try to show that those profiles actually lined up at some point in some way with what was on the sheath." She added, "I think that they'll just try to muddy the waters with all of that." The term "phantom matches" was mentioned, which, as Coffindaffer suggested, might sound alarming to laymen but may just be a strategy "to confuse and try and poke holes."
 
 But Coffindaffer was keen to place emphasis on the real evidence at hand. "At the end of the day, even if they try to tangent off that there is a DNA match with somebody else... They cannot overcome the fact that his DNA, Brian Kohberger's, is on that sheath," she stated.
 
 In the midst of this DNA tug-of-war, a concern of violating individual privacy arises. Coffindaffer pointed out that granting the defense's request could lead to a massive privacy breach for all those individuals whose profiles might be turned over. However, this must be balanced against the defendant's rights. "He's got to balance that with shouldn't they get everything? Shouldn't the defense be able to look at every single profile?" she pondered.
 
 The idea of complete transparency in such cases was also discussed, with Coffindaffer highlighting the federal process she was familiar with, known as open discovery. "We always did what we called open discovery," she shared, explaining that this meant laying out the entire case for the defense, thereby allowing them to examine every piece of evidence. In her opinion, it's better to "disclose everything" rather than risk appeals based on a lack of access to material evidence. "Give them the kitchen sink, let them go down these rabbit trails," Coffindaffer advocated, emphasizing that it's the most ethical way to handle such cases.
 
 Tony Brueski concurred with this view, pointing out the risk if the judge denies the motion. "Isn't it a kind of a risky thing if the judge denies this motion, especially in appeals, if Kohberger is to be found guilty?" he queried. "Should they not have access to all the material the prosecution has as they would in discovery?"
 
 The Kohberger case is shaping up to be a landmark one, challenging traditional norms and pushing the boundaries of legal procedures in DNA-related cases. The decision of whether or not to disclose the DNA profiles could either pave a new path for defense strategies or reinforce the importance of full transparency in such high-profile trials. What remains certain is that the outcome of this case will have far-reaching implications for future legal proceedings involving DNA evidence.
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