Bryan Kohberger Defense and the Straw Man Argument

 

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.