According to Kai Eiselein of the New York Post, accused
killer Bryan Kohberger “appeared to have two gashes near his chin and bruises
on his neck” during his court appearance Jan. 12, 2023. Whether these abrasions
are real or caused by shadows, I couldn’t tell from video. Chanley Painter of
Court TV suggested the abrasions were the result of shaving.
But that’s not the topic du jour so far as I’m concerned. I’m very much interested in legal matters pertaining to the Idaho
Student Murders. I’ve informally come in
contact with a few attorneys on Twitter to
ask about the process of discovery. While
answers varied slightly, I got the impression the process is already in
motion
I’m particularly focused on a story from Inside Edition. The defense discovery requests to the prosecution
asks for the things you might expect.
But there is one item which
states as follows: "Any written or recorded statements by a
co-defendant, and the substance of any relevant oral statement made by a
co-defendant whether before or after arrest in response to interrogation by any
person known by the co-defendant to be a peace officer or agent of the
prosecuting attorney, or which are otherwise relevant to the offense
charged."
This is a reference to what Inside Edition referred to as a “mystery
co-defendant.” The "mystery co-defendant" is a
straw man argument, designed to put the prosecution on its back foot.
You can be sure Kohberger has read a lot of case work during
his academic career. In his planning or
contemplation of his attacks, he likely came up with ideas of how to throw prosecution
off if caught. Didn’t Ted Bundy use
these same words: "Was anyone else arrested?”
If this defense strategy is allowed into the case, the prosecution will have to respond to it. If prosecution responds with a "no co-defendant,” the defense will say prosecutors didn't follow up.
Imagine the
havoc that would occur if either defense or prosecution does come up with another
individual with connection to the murders. I don’t think there is one, but a
phantom ‘mystery co-defendant’ could accomplish the same purpose.
I can tell you right now there are thousands of people ready
to believe in a mysterious accomplice to the crimes. The defense knows this. They will hire PIs to find a host of potential ‘co-defendants.’
They will manage to get these phantoms into the court record. The intent is that the prosecution will find itself chasing shadows.
It doesn’t matter if a thousand clowns believe that Bryan
Kohberger was not the criminal mastermind of these murders and was a mere
accomplice. The danger is rather that a single juror might believe Kohberger's attempt at thwarting justice.
